[Congressional Record Volume 166, Number 166 (Thursday, September 24, 2020)]
[House]
[Pages H4898-H4949]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXPANDING ACCESS TO SUSTAINABLE ENERGY ACT OF 2019
The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further
consideration of the bill (H.R. 4447) to establish an energy storage
and microgrid grant and technical assistance program, will now resume.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Each further amendment printed in part B of
House Report 116-528 not earlier considered as part of amendments en
bloc pursuant to section 3 of House Resolution 1129, shall be
considered only in the order printed in the report, may be offered only
by a Member designated in the report, shall be considered as read,
shall be debatable for the time specified in the report equally divided
and controlled by the proponent and an opponent, may be withdrawn by
the proponent at any time before the question is put thereon, shall not
be subject to amendment, and shall not be subject to a demand for
division of the question.
It shall be in order at any time for the chair of the Committee on
Energy and Commerce or his designee to offer amendments en bloc
consisting of further amendments printed in part B of House Report 116-
528, not earlier disposed of. Amendments en bloc shall be considered as
read, shall be debatable for 20 minutes equally divided and controlled
by the chair and ranking minority member of the Committee on Energy and
Commerce or their respective designees, shall not be subject to
amendment, and shall not be subject to a demand for division of the
question.
Amendments En Bloc No. 1 Offered by Ms. Stevens of Michigan
Ms. STEVENS. Mr. Speaker, as the designee of Mr. Pallone, pursuant to
House Resolution 1129, I offer amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 1 consisting of amendment Nos. 1, 14, 15, 18,
23, 24, 26, 29, 39, 40, 41, 42, 47, 49, 50, 54, 64, 69, 72, 77, 78, 79,
80, 81, 94, and 98, printed in
[[Page H4899]]
part B of House Report 116-528, offered by Ms. Stevens of Michigan:
Amendment No. 1 Offered by Mrs. Axne of Iowa
Page 328, line 2, strike ``industrial applications'' and
insert ``industrial applications, including at biofuel
facilities''.
Amendment No. 14 Offered by Ms. Castor of Florida
Page 9, after the item relating to section 12606, insert
the following:
Sec. 12607. Study on equitable distribution of benefits of clean
energy.
At the end of subtitle F of Title XII, insert the
following:
SEC. 12607. DEPARTMENT OF ENERGY RESEARCH MISSION ON CLIMATE
CHANGE AND EMISSIONS REDUCTION.
(a) Goals.--Section 902 of the Energy Policy Act of 2005
(42 U.S.C. 16181) is amended--
(1) in paragraph (4), by striking ``and'' at the end; and
(2) by striking paragraph (5) and inserting the following:
``(5) decreasing the environmental impact of energy-related
activities, including by deeply reducing emissions; and
``(6) improving energy-sector resilience to climate
change.''.
(b) Emissions Defined for Goals.--Section 902 of the Energy
Policy Act of 2005 (42 U.S.C. 16181) is amended by adding at
the end the following:
``(e) Emissions Defined.--In this section, the term
`emissions' means greenhouse gas emissions or other
pollutants.''.
(c) Emissions Reduction.--Section 911 of the Energy Policy
Act of 2005 (42 U.S.C. 16191) is amended--
(1) in the heading by inserting ``and emissions
reductions'' after ``energy efficiency'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``and emissions reductions'' after
``energy efficiency''; and
(ii) in subparagraph (A), by inserting ``, and reducing
emissions from,'' after ``efficiency of''; and
(B) in paragraph (2)--
(i) by amending the matter preceding subparagraph (A)(i) to
read as follows:
``(A) advanced, cost-effective technologies to improve the
energy efficiency and environmental performance of, and
reduce emissions from, vehicles, including--'';
(ii) by amending subparagraph (B) to read as follows:
``(B) cost-effective technologies for new construction and
retrofit, to improve the energy efficiency and environmental
performance of, and reduce emissions from buildings, using a
whole-buildings approach, including onsite clean energy
generation and beneficial electrification;''; and
(iii) by amending subparagraph (C) to read as follows:
``(C) advanced technologies to improve the energy
efficiency, environmental performance, and process efficiency
of, and reduce emissions from industry, especially energy-
intensive and waste-intensive industries;''; and
(3) by adding at the end the following:
``(f) Emissions Defined.--In this section, the term
`emissions' means greenhouse gas emissions or other
pollutants.''.
Amendment No. 15 Offered by Ms. Castor of Florida
Page 9, after the item relating to section 12606, insert
the following:
Sec. 12607. Study on equitable distribution of benefits of clean
energy.
At the end of subtitle F of Title XII, insert the
following:
SEC. 12607. STUDY ON EQUITABLE DISTRIBUTION OF BENEFITS OF
CLEAN ENERGY.
(a) Frontline Community.--In this section, the term
``frontline community'' means a community with significant
representation of communities of color, low-income
communities, or Tribal and indigenous communities, that
experiences, or is at risk of experiencing, higher or more
adverse human health or environmental effects.
(b) Study.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Energy shall enter
into an agreement with the National Academies of Science,
Engineering, and Medicine to undertake a study on technical
and non-technical barriers to and solutions for ensuring
equitable distribution of the benefits associated with clean
energy in frontline communities across all sectors of the
economy, and in particular the role of the Department of
Energy in assessing and mitigating such barriers. The study
shall--
(1) assess the state of research on the equitable
distribution of the benefits of clean energy including
workforce development and job creation;
(2) assess the progress in implementing programs and
policies that result in increased adoption of clean energy
technologies in frontline communities;
(3) identify barriers as well as potential incentives and
mechanisms to achieving the equitable distribution of the
benefits associated with clean energy in frontline
communities, including through the consideration of social,
behavioral, regulatory, policy, market, and technology
aspects, and considerations of the characteristics of
individual communities, such as geographical location,
average income, and racial-ethnic composition; and
(4) recommend research areas for the Department of Energy
to make progress towards ensuring equitable distribution of
the benefits associated with clean energy in frontline
communities.
Amendment No. 18 Offered by Mr. Cox of California
Page 229, after line 7, insert the following (and
redesignate paragraph (22) as paragraph (23)):
(22) Durable, low-cost solar-powered sensors, equipment,
and machinery for off-grid use, with special consideration
for agricultural applications, such as solar powered smart
agricultural monitoring and irrigation systems
Amendment No. 23 Offered by Mr. Doggett of Texas
Page 383, after line 7, insert the following:
SEC. 3115. NATIONAL ACADEMY OF SCIENCES STUDY ON CARBON
CAPTURE TECHNOLOGY.
(a) In General.--The Secretary of Energy shall enter into
an agreement with the National Academy of Sciences,
Engineering, and Medicine to conduct a study evaluating the
efficacy of carbon capture and storage technology by industry
in reducing emissions and the cost-effectiveness of such
technologies. Such study shall include a description of the
following:
(1) Analysis of the effectiveness of emissions reductions
and cost through implementation of carbon capture as compared
to transitioning to other low-emissions technologies.
(2) Differences in performance of various carbon capture
technologies and storage methods, including the net amount of
carbon dioxide that can be permanently sequestered, the cost
(in terms of dollar per ton captured/sequestered) of each
technology, and the potential to increase the net amount of
carbon dioxide captured/sequestered and lower operational
costs.
(3) Barriers, in terms of cost, infrastructure, geology,
aquifers, and markets, to ensuring permanent carbon storage
including both point of source capture and removal from the
atmosphere of captured carbon dioxide.
(4) Analysis of the lifecycle emissions associated with
carbon capture technologies, including construction and
operation of the carbon capture technology, as well as
transport, processing, and injection of carbon dioxide,
including the permanence of carbon storage and sequestration,
and strategies to reduce those emissions. This should include
the amount of carbon dioxide emitted from a facility
outfitted with carbon capture technologies that is
permanently sequestered compared to the amount of carbon
dioxide emitted by the carbon capture process itself.
(5) Evaluation of the impact of carbon capture technologies
on air pollution, including particulate emissions and ozone
precursors, with specific analysis on the impacts on
communities historically overburdened with pollution,
including rural communities.
(b) Report.--The agreement under subsection (a) shall
specify that, not later than 1 year after the date of
enactment of this Act, the National Academy of Sciences shall
submit to Congress a report containing the results and
findings of study authorized under this section.
Page 5, in the table of contents, after the matter related
to section 3114, insert the following:
Sec. 3115. National Academy of Sciences study on carbon capture
technology.
Amendment No. 24 Offered by Ms. Escobar of Texas
Page 223, lines 18 through 21, strike paragraph (2) and
insert the following:
(2) The term ``institution of higher education''--
(A) has the meaning given such term in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001); and
(B) includes a minority-serving institution.
(3) The term ``minority-serving institution'' has the
meaning given the term ``eligible institution'' in section
371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
Page 223, line 22, redesignate paragraph (3) as paragraph
(4).
Page 224, lines 1 and 4, redesignate paragraphs (4) and (5)
as paragraphs (5) and (6).
Page 225, after line 20, insert the following:
(4) Special consideration.--With respect to applications
under paragraph (3), the Secretary shall give special
consideration to applications from minority-serving
institutions or a multi-institutional consortium which
includes a minority-serving institution.
Amendment No. 26 Offered by Mr. Garamendi of California
At the end of subtitle C of title XII, add the following:
SEC. __. EXTENSION OF AUTHORITY FOR NON-OIL AND GAS
OPERATIONS ON THE OUTER CONTINENTAL SHELF.
Section 4(a)(1) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1333(a)(1)) is amended to read as follows:
``(1) Jurisdiction of the united states on the outer
continental shelf.----
``(A) In general.--The Constitution and laws and civil and
political jurisdiction of the United States are extended, to
the same extent as if the outer Continental Shelf were an
area of exclusive Federal jurisdiction located within a
State, to--
``(i) the subsoil and seabed of the outer Continental
Shelf;
``(ii) all artificial islands on the outer Continental
Shelf;
``(iii) all installations and other devices permanently or
temporarily attached to the
[[Page H4900]]
seabed, which may be erected thereon for the purpose of
exploring for, developing, or producing resources therefrom
or producing or supporting the production of energy from
sources other than oil and gas; and
``(iv) any such installation or other device (other than a
ship or vessel) for the purpose of transporting such
resources or transmitting energy.
``(B) Leases issued exclusively under this act.--Mineral or
energy leases on the outer Continental Shelf shall be
maintained or issued only under the provisions of this
Act.''.
Amendment No. 29 Offered by Mr. Graves of Louisiana
Page 707, line 3, after ``cost-competitive'' insert ``,
including in developing economies''.
Amendment No. 39 Offered by Mr. Lamb of Pennsylvania
Page 432, after line 15, insert the following:
Subtitle C--FUSION ENERGY RESEARCH
SEC. 4301. FUSION ENERGY RESEARCH.
(a) Program.--Section 307 of the Department of Energy
Research and Innovation Act (42 U.S.C. 18645) is amended--
(1) by redesignating subsections (a) through (g) as
subsections (b) through (h), respectively;
(2) by inserting before subsection (b), as so redesignated,
the following:
``(a) Program.--As part of the activities authorized under
section 209 of the Department of Energy Organization Act (42
U.S.C. 7139) and section 972 of the Energy Policy Act of 2005
(42 U.S.C. 16312), the Director shall carry out a fusion
energy sciences research and enabling technology development
program to effectively address the scientific and engineering
challenges to building a cost competitive fusion power plant
and to establish a competitive fusion power industry in the
United States. As part of this program, the Director shall
carry out research activities to expand the fundamental
understandings of plasmas and matter at very high
temperatures and densities for fusion applications and for
other plasma science applications.'';
(3) by amending subsection (d) to read as follows:
``(d) Inertial Fusion Research and Development.--
``(1) In general.--The Director shall carry out a program
of research and technology development in inertial fusion for
energy applications, including ion beam, laser, and pulsed
power fusion systems.
``(2) Activities.--As part of the program described in
paragraph (1), the Director shall support activities at and
partnerships with universities and the National Laboratories
to--
``(A) develop novel target designs;
``(B) support modeling of various inertial fusion energy
concepts and systems;
``(C) develop diagnostic tools; and
``(D) improve inertial fusion energy driver technologies.
``(3) Authorization of appropriations.--Out of funds
authorized to be appropriated under subsection (o), there are
authorized to be appropriated to the Secretary to carry out
the activities described in subsection (d)--
``(A) $25,000,000 for fiscal year 2021;
``(B) $26,250,000 for fiscal year 2022;
``(C) $27,563,000 for fiscal year 2023;
``(D) $28,941,000 for fiscal year 2024; and
``(E) $30,377,000 for fiscal year 2025.'';
(4) by amending subsection (e) to read as follows:
``(e) Alternative and Enabling Concepts.--
``(1) In general.--The Director shall support research and
development activities and facility operations at
institutions of higher education, National Laboratories, and
private facilities in the United States for a portfolio of
alternative and enabling fusion energy concepts that may
provide solutions to significant challenges to the
establishment of a commercial magnetic fusion power plant,
prioritized based on the ability of the United States to play
a leadership role in the international fusion research
community.
``(2) Activities.--Fusion energy concepts and activities
explored under paragraph (1) may include--
``(A) alternative fusion energy concepts, including--
``(i) advanced stellarator concepts;
``(ii) non-tokamak confinement configurations operating at
low magnetic fields;
``(iii) magnetized target fusion energy concepts; or
``(iv) other promising fusion energy concepts identified by
the Director;
``(B) enabling fusion technology development activities,
including--
``(i) high magnetic field approaches facilitated by high
temperature superconductors;
``(ii) liquid metals to address issues associated with
fusion plasma interactions with the inner wall of the
encasing device; and
``(iii) advanced blankets for heat management and fuel
breeding; and
``(C) advanced scientific computing activities.
``(3) Innovation network for fusion energy.--
``(A) In general.--The Secretary, acting through the Office
of Science, shall support a program to provide fusion energy
researchers with access to scientific and technical resources
and expertise at facilities supported by the Department,
including such facilities at National Laboratories and
universities, to advance innovative fusion energy
technologies toward commercial application.
``(B) Awards.--Financial assistance under the program
established in subsection (a) may be in the form of grants,
vouchers, equipment loans, or contracts to private entities.
``(3) Authorization of appropriations.--Out of funds
authorized to be appropriated under subsection (o), there are
authorized to be appropriated to the Secretary to carry out
the activities described in subsection (e)--
``(A) $100,000,000 for fiscal year 2021;
``(B) $105,000,000 for fiscal year 2022;
``(C) $110,250,000 for fiscal year 2023;
``(D) $115,763,000 for fiscal year 2024; and
``(E) $121,551,000 for fiscal year 2025.''; and
(5) by adding at the end the following:
``(i) Milestone-based Development Program.--
``(1) In general.--Using the authority of the Secretary
under section 646(g) of the Department of Energy Organization
Act (42 U.S.C. 7256(g)), notwithstanding paragraph (10) of
such section, the Secretary shall establish, within 3 months
of enactment of this Act, a milestone-based fusion energy
development program that requires projects to meet particular
technical milestones before a participant is awarded funds by
the Department.
``(2) Purpose.--The purpose of the program established by
paragraph (1) shall be to support the development of a U.S.-
based fusion power industry through the research and
development of technologies that will enable the construction
of new full-scale fusion systems capable of demonstrating
significant improvements in the performance of such systems,
as defined by the Secretary, within 10 years of the enactment
of this Act.
``(3) Eligibility.--Any entity is eligible to participate
in the program provided that the Under Secretary has deemed
it as having the necessary resources and expertise.
``(4) Requirements.--In carrying out the milestone-based
program under paragraph (1), the Secretary shall, for each
relevant project--
``(A) request proposals from eligible entities, as
determined by the Secretary, that include proposed technical
milestones, including estimated project timelines and total
costs;
``(B) set milestones based on a rigorous technical review
process;
``(C) award funding of a predetermined amount to projects
that successfully meet proposed milestones under paragraph
(1), or for expenses deemed reimbursable by the Secretary, in
accordance with terms negotiated for an individual award; and
``(D) communicate regularly with selected eligible entities
and, if the Secretary deems appropriate, exercise small
amounts of flexibility for technical milestones as projects
mature.
``(5) Awards.--For the program established under paragraph
(1)--
``(A) an award recipient shall be responsible for all costs
until milestones are achieved, or reimbursable expenses are
reviewed and verified by the Department; and
``(B) should an awardee not meet the milestones described
in paragraph (4), the Secretary may end the partnership with
an award recipient and use the remaining funds in the ended
agreement for new or existing projects carried out under this
section.
``(6) Applications.--Any project proposal submitted to the
program under paragraph (1) shall be evaluated based upon its
scientific, technical, and business merits through a peer-
review process, which shall include reviewers with
appropriate expertise from the private sector, the investment
community, and experts in the science and engineering of
fusion and plasma physics.
``(7) Project management.--In carrying out projects under
this program and assessing the completion of their milestones
in accordance with paragraph (4), the Secretary shall consult
with experts that represent diverse perspectives and
professional experiences, including those from the private
sector, to ensure a complete and thorough review.
``(8) Programmatic review.--Not later than 4 years after
the Secretary has established 3 milestones under this
program, the Secretary shall enter into a contractual
arrangement with the National Academy of Sciences to review
and provide a report describing the findings of this review
to the House Committee on Science, Space, and Technology and
the Senate Committee on Energy and Natural Resources on the
program established under this paragraph (1) that assesses--
``(A) the benefits and drawbacks of a milestone-based
fusion program as compared to traditional program structure
funding models at the Department;
``(B) lessons-learned from program operations; and
``(C) any other matters the Secretary determines regarding
the program.
``(9) Annual report.--As part of the annual budget request
submitted for each fiscal year, the Secretary shall provide
the House Committee on Science, Space, and Technology and the
Senate Committee on Energy and Natural Resources a report
describing partnerships supported by the program established
under paragraph (1) during the previous fiscal year.
``(10) Authorizations for appropriations.--Out of funds
authorized to be appropriated under subsection (o), there are
authorized to be appropriated to the Secretary to carry out
the activities described in subsection (i), to remain
available until expended--
[[Page H4901]]
``(A) $45,000,000 for fiscal year 2021;
``(B) $110,000,000 for fiscal year 2022;
``(C) $140,000,000 for fiscal year 2023;
``(D) $110,000,000 for fiscal year 2024; and
``(E) $45,000,000 for fiscal year 2025.
``(j) Fusion Reactor System Design.--The Director shall
support research and development activities to design future
fusion reactor systems and examine and address the technical
drivers for the cost of these systems.
``(k) General Plasma Science and Applications.--The
Director shall support research in general plasma science and
high energy density physics that advance the understanding of
the scientific community of fundamental properties and
complex behavior of matter to control and manipulate plasmas
for a broad range of applications, including support for
research relevant to advancements in chip manufacturing and
microelectronics.
``(l) Sense of Congress.--It is the sense of Congress that
the United States should support a robust, diverse program in
addition to providing sufficient support to, at a minimum,
meet its commitments to ITER and maintain the schedule of the
project as determined by the Secretary in coordination with
the ITER Organization at the time of the enactment of this
Act. It is further the sense of Congress that developing the
scientific basis for fusion, providing research results key
to the success of ITER, and training the next generation of
fusion scientists are of critical importance to the United
States and should in no way be diminished by participation of
the United States in the ITER project.
``(m) International Collaboration.--The Director shall--
``(1) as practicable and in coordination with other
appropriate Federal agencies as necessary, ensure the access
of United States researchers to the most advanced fusion
research facilities and research capabilities in the world,
including ITER;
``(2) to the maximum extent practicable, continue to
leverage United States participation ITER, and prioritize
expanding international partnerships and investments in
current and future fusion research facilities within the
United States; and
``(3) to the maximum extent practicable, prioritize
engagement in collaborative efforts in support of future
international facilities that would provide access to the
most advanced fusion research facilities in the world to
United States researchers.
``(n) Fission and Fusion Research Coordination Report.--
``(1) In general.--Not later than 6 months after the date
of enactment of this Act, the Secretary shall transmit to
Congress a report addressing opportunities for coordinating
fusion energy research and development activities between the
Office of Nuclear Energy and the Office of Science.
``(2) Components.--The report shall assess opportunities
for collaboration on research and development of--
``(A) liquid metals to address issues associated with
fusion plasma interactions with the inner wall of the
encasing device and other components within the reactor;
``(B) immersion blankets for heat management and fuel
breeding;
``(C) technologies and methods for instrumentation and
control;
``(D) computational methods and codes for system operation
and maintenance;
``(E) codes and standard development;
``(F) radioactive waste handling;
``(G) radiological safety;
``(H) potential for non-electricity generation
applications; and
``(I) any other overlapping priority as identified by the
Director of the Office of Science or the Assistant Secretary
of Energy for Nuclear Energy.
``(3) Implementation.--The Secretary shall implement the
recommendations made by the report directed in this section
upon transmission of the report to Congress.
``(o) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
the activities described in this section--
``(1) $976,000,000 for fiscal year 2021;
``(2) $1,033,000,000 for fiscal year 2022;
``(3) $1,104,000,000 for fiscal year 2023;
``(4) $1,181,000,000 for fiscal year 2024; and
``(5) $1,264,000,000 for fiscal year 2025.''.
(b) Iter.--Section 972(c) of the Energy Policy Act of 2005
(42 U.S.C. 16312) is amended to read as follows:
``(c) United States Participation in Iter.--
``(1) In general.--There is authorized United States
participation in the construction and operations of the ITER
project, as agreed to under the April 25, 2007 `Agreement on
the Establishment of the ITER International Fusion Energy
Organization for the Joint Implementation of the ITER
Project'. The Director shall coordinate and carry out the
responsibilities of the United States with respect to this
Agreement.
``(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report providing an assessment of the most recent schedule
for ITER that has been approved by the ITER Council.
``(3) Authorization of appropriations.--Out of funds
authorized to be appropriated under section 307(o) of the
Department of Energy Research and Innovation Act (42 U.S.C.
18645), there shall be made available to the Secretary to
carry out the construction of ITER--
``(A) $374,000,000 for fiscal year 2021; and
``(B) $300,000,000 for each of fiscal years 2022 through
2025.''.
Page 5, in the table of contents, after the matter related
to subtitle B of title IV, insert the following:
Subtitle C--FUSION ENERGY RESEARCH
Sec. 4301. Fusion energy research
Amendment No. 40 Offered by Mr. Lamb of Pennsylvania
Page 426, add after line 14 the following (and redesignate
subsequent subsections accordingly):
``(d) Milestone-based Demonstration Projects.--The
Secretary may carry out demonstration projects under
subsection (c) as a milestone-based demonstration project
under section 8304 of the Clean Economy Jobs and Innovation
Act.''.
Amendment No. 41 Offered by Mr. Lamb of Pennsylvania
Page 4, after the item relating to section 2562, insert the
following:
Sec. 2563. Produced water research and development program.
Sec. 2564. Produced water demonstration program.
Page 299, after line 8, insert the following:
SEC. 2563. PRODUCED WATER RESEARCH AND DEVELOPMENT PROGRAM.
(a) Establishment.--As soon as possible after the date of
enactment of this Act, the Secretary of Energy shall
establish a research and development program on produced
water to develop--
(1) new technologies and practices to reduce the
environmental impact; and
(2) opportunities for reprocessing of produced water at
natural gas or oil development sites.
(b) Prioritization.--The Secretary shall give priority to
projects that develop and bring to market--
(1) effective systems for on-site management or repurposing
of produced water; and
(2) new technologies or approaches to reduce the
environmental impact of produced water on local water sources
and the environment.
(c) Conduct of Program.--In carrying out the program
described in subsection (a), the Secretary shall carry out
science-based research and development activities to pursue--
(1) improved efficiency, technologies, and techniques for
produced water recycling stations; and
(2) B. alternative approaches to treating, reusing,
storing, or decontaminating produced water.
(d) Authorization of Appropriations.--There are authorized
to be appropriated for purposes of this section $10,000,000
for each of fiscal years 2020 through 2025.
SEC. 2564. PRODUCED WATER DEMONSTRATION PROGRAM.
(a) Establishment.--The Secretary of Energy shall establish
a demonstration program for on-site treatment of produced
water.
(b) Requirements.--In developing the demonstration program
under this section, the Secretary shall consult with the
heads of other relevant Federal departments and agencies,
including the Department of the Interior and the
Environmental Protection Agency.
(c) Prioritization.--In carrying out this section, the
Secretary should prioritize--
(1) first-of-a-kind or new approaches to treating produced
water stationed on site; and
(2) technologies that can be used at natural gas or oil
development sites to reduce other environmental harm either
through emissions or other environmental impact.
(d) Authorization of Appropriations.--There are authorized
to be appropriated for purposes of this section $10,000,000
for each of fiscal years 2020 through 2025.
Amendment No. 42 Offered by Mr. Larsen of Washington
At the end of subtitle F of title XII, add the following:
SEC. 2. STUDY ON CERTAIN CLIMATE CHANGE MITIGATION EFFORTS.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation shall
seek to enter into an agreement with the National Academies
of Sciences, Engineering, and Medicine (referred to in this
section as the ``National Academies'') to conduct a study on
climate change mitigation efforts with respect to the civil
aviation and aerospace industries.
(b) Study Contents.--In conducting the study under
subsection (a), the National Academies shall--
(1) identify climate change mitigation efforts, including
efforts relating to emerging technologies, in the civil
aviation and aerospace industries;
(2) develop and apply an appropriate indicator for
assessing the effectiveness of such efforts;
(3) identify gaps in such efforts;
(4) identify barriers preventing expansion of such efforts;
and
(5) develop recommendations with respect to such efforts.
(c) Reports.--
(1) Findings of study.--Not later than 1 year after the
date on which the Secretary enters into an agreement for a
study pursuant to subsection (a), the Secretary shall submit
to the appropriate congressional committees the findings of
the study.
(2) Assessment.--Not later than 180 days after the date on
which the Secretary submits the findings pursuant to
paragraph (1),
[[Page H4902]]
the Secretary, acting through the Administrator of the
Federal Aviation Administration, shall submit to the
appropriate congressional committees a report that contains
an assessment of the findings.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$1,500,000.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Transportation and Infrastructure of the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and other congressional
committees determined appropriate by the Secretary.
(2) Climate change mitigation efforts.--The term ``climate
change mitigation efforts'' means efforts, including the use
of technologies, materials, processes, or practices, that
contribute to the reduction of greenhouse gas emissions.
Amendment No. 47 Offered by Mr. Lipinski of Illinois
Page 9, after the item relating to item section 12606, add
the following:
Sec. 12607. Low-Dose-Radiation Research
At the end of subtitle F of title XII, add the following:
SEC. 12607. LOW-DOSE-RADIATION RESEARCH.
Section 306(c) of the Department of Energy Research and
Innovation Act (42 U.S.C. 18644(c)) is amended to read as
follows:
``(c) Low-Dose-Radiation Research Program.--
``(1) In general.--The Secretary shall carry out a research
program on low-dose and low dose-rate radiation to--
``(A) enhance the scientific understanding of, and reduce
uncertainties associated with, the effects of exposure to
low-dose and low dose-rate radiation; and
``(B) inform improved risk-assessment and risk-management
methods with respect to such radiation.
``(2) Program components.--In carrying out the program
required under paragraph (1), the Secretary shall--
``(A) support and carry out the directives under section
106 of the American Innovation and Competitiveness Act (42
U.S.C. 6601 note), with respect to low dose and low-dose rate
radiation research, in coordination with the Physical Science
Subcommittee of the National Science and Technology Council;
``(B) identify and, to the extent possible, quantify,
potential monetary and health-related impacts to Federal
agencies, the general public, industry, research communities,
and other users of information produced by such research
program;
``(C) leverage the collective body of knowledge from prior
and existing low-dose and low dose-rate radiation research;
``(D) engage with other Federal agencies, research
communities, and potential users of information produced
under this section, including institutions performing or
utilizing radiation research, medical physics, radiology,
health physics, and emergency response measures; and
``(E) support education and outreach activities to
disseminate information and promote public understanding of
low-dose radiation, with a focus on non-emergency situations
such as medical physics, space exploration, and naturally
occurring radiation.
``(3) Research plan.--
``(A) National academy of sciences.--Not later than 90 days
after the date of enactment of this Act, the Secretary shall
enter into an agreement with the National Academy of Sciences
to develop a long-term strategic and prioritized research
agenda for the program described in paragraph (2);
``(B) Congress.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit the
research plan developed under subparagraph (A) to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
``(4) Program evaluation.--
``(A) Independent external entity.--Not later than 3 years
after the date of enactment of this Act, and every 2 years
thereafter, the Secretary shall enter into agreements with an
independent external entity to perform a program evaluation.
``(B) Congress.--The Secretary shall submit the program
evaluations performed under subparagraph (A) to the Committee
on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
``(5) Definitions.--In this subsection:
``(A) Low-dose radiation.--The term `low-dose radiation'
means a radiation dose of less than 100 millisieverts.
``(B) Low dose-rate radiation.--The term `low dose-rate
radiation' means a radiation dose rate of less than 5
millisieverts per hour.
``(6) Rule of construction.--Nothing in this subsection
shall be construed to subject any research carried out by the
Secretary for the program under this subsection to any
limitations described in section 977(e) of the Energy Policy
Act of 2005 (42 U.S.C. 16317(e)).
``(7) Funding.--There are authorized to be appropriated to
the Secretary to carry out the program under this
subsection--
``(A) $20,000,000 for fiscal year 2021;
``(B) $30,000,000 for fiscal year 2022;
``(C) $40,000,000 for fiscal year 2023; and
``(D) $50,000,000 for fiscal year 2024.''.
Amendment No. 49 Offered by Mr. Lowenthal of California
Page 894, after line 15, add the following:
SEC. 12607. ONLINE PUBLICATION OF GREENHOUSE GAS EMISSIONS.
(a) In General.--The Secretary of the Interior shall make
freely available on a public website, with respect to the
previous year--
(1) information that describes for each fossil fuel
operation that is subject to the mineral leasing laws or
title III or V of the Federal Land Policy and Management Act
of 1976 (30 U.S.C. 1761 et seq.), regardless of size,
including production, storage, gathering, processing,
transportation, and handling operations--
(A) the aggregate amount of each fossil fuel, by type and
by State, produced on Federal leases; and
(B) for gas reported, the portion and source of such amount
that was released or disposed of by each of venting, flaring,
and fugitive release; and
(2) information that describes the amount and sources of
energy, in delivered megawatt hours, produced from operating
solar, wind, and geothermal projects on public lands under
lease for the production of renewable energy.
(b) Format.--Information made available under this section
shall be presented in a format that--
(1) translates such amounts and portions into emissions of
metric tons of greenhouse gases expressed in carbon dioxide
equivalent using both the 20-year and 100-year Global Warming
Potential-weighted emission values;
(2) for energy produced from solar, wind, and geothermal
projects, includes an estimate of the net emissions that
would result from production of the same amount of energy
from new fossil fuel-fired facilities; and
(3) can be downloaded in a machine readable format.
(c) Data Publication Frequency.--The data made available
under this section shall be updated at least annually.
Amendment No. 50 Offered by Mr. Lucas of Oklahoma
At the end of subtitle F of title XII, add the following:
SEC. 126__. SENSE OF CONGRESS.
It is the sense of Congress that in order to reduce
emissions and meet 100 percent of the power demand in the
United States through clean, renewable, or zero emission
energy sources while maintaining United States leadership in
science and technology, the Secretary of Energy must
prioritize funding for critical fundamental research
infrastructure and for basic research and development
activities carried out through the Office of Science.
Amendment No. 54 Offered by Ms. Mucarsel-Powell of Florida
Page 475, after line 13, insert the following:
``(g) Underground Transmission and Distribution Lines.--In
carrying out the program under subsection (a), the Secretary
shall support research and development on underground
transmission and distribution lines. This shall include
research on--
``(1) methods for lowering the costs of underground
transmission and distribution lines, including through novel
installation techniques and materials considerations;
``(2) techniques to improve the lifespan of underground
transmission and distribution lines;
``(3) wireless sensors to improve safety of underground
transmission and distribution lines and to predict, identify,
detect, and transmit information about degradation and
faults; and
``(4) methods for improving the resilience and reliability
of underground transmission and distribution lines, including
by mitigating the impact of flooding, storm surge, and
seasonal climate cycles on degradation of and damage to
underground transmission and distribution lines.''.
Page 475, line 14, strike ``(g)'' and insert ``(h)''.
Page 476, line 1, strike ``(h)'' and insert ``(i)''.
Page 476, line 4, strike ``(i)'' and insert ``(j)''.
amendment no. 64 offered by mr. perlmutter of colorado
Page 188, beginning on line 11, strike ``direct use for
heating or cooling'' and insert ``consumption''.
Page 188, beginning on line 15, strike ``grid-enabled water
heaters'' and insert ``grid-enabled water heaters, building
heaters or coolers, electric vehicles, mini-pumped
hydroelectric facilities, electrolysis processes that make
hydrogen for transportation or industrial needs, or any other
load shaping mechanism that includes energy storage''.
Page 467, beginning on line 17, strike ``direct use for
heating or cooling'' and insert ``consumption''.
Page 467, beginning on line 21, strike ``grid-enabled water
heaters'' and insert ``grid-enabled water heaters, building
heaters or coolers, electric vehicles, mini-pumped
hydroelectric facilities, electrolysis processes that make
hydrogen for transportation or industrial needs, or any other
load shaping mechanism that includes energy storage''.
amendment no. 69 offered by ms. pingree of maine
Page 243, lines 17 through 22, amend paragraph (3) to read
as follows:
(3) To reduce the cost and risk of siting, permitting,
construction, operation, maintenance, and decommissioning of
wind energy systems, including strategies and technologies to
reduce environmental and community impacts, including
research and development that reduces impacts on existing
[[Page H4903]]
ocean uses and increases coordination between offshore wind
and existing users, including the commercial fishing
industry, improve grid integration, and reduce regulatory
barriers.
amendment no. 72 offered by mr. quigley of illinois
Page 894, after line 15, insert the following:
SEC. 12607. USE OF BIRD-SAFE FEATURES, PRACTICES, AND
STRATEGIES IN PUBLIC BUILDINGS.
(a) In General.--Chapter 33 of title 40, United States
Code, is amended by adding at the end the following:
``Sec. 3319. Use of bird-safe features, practices, and
strategies in public buildings
``(a) Construction, Alteration, and Acquisition of Public
Buildings.--The Administrator of General Services shall
incorporate, to the extent practicable, features, practices,
and strategies to reduce bird fatality resulting from
collisions with public buildings for each public building--
``(1) constructed;
``(2) acquired; or
``(3) of which more than 50 percent of the facade is
substantially altered (in the opinion of the Commissioner of
Public Buildings).
``(b) Design Guide.--The Administrator shall develop a
design guide to carry out subsection (a) that includes the
following:
``(1) Features for reducing bird fatality resulting from
collisions with public buildings throughout all construction
phases, taking into account the number of each such bird
fatality that occurs at different types of public buildings.
``(2) Methods and strategies for reducing bird fatality
resulting from collisions with public buildings during the
operation and maintenance of such buildings, including
installing interior, exterior, and site lighting.
``(3) Best practices for reducing bird fatality resulting
from collisions with public buildings, including--
``(A) a description of the reasons for adopting such
practices; and
``(B) an explanation for the omission of a best practice
identified pursuant to subsection (c).
``(c) Identifying Best Practices.--To carry out subsection
(b)(3), the Administrator may identify best practices for
reducing bird fatality resulting from collisions with public
buildings, including best practices recommended by--
``(1) Federal agencies with expertise in bird conservation;
``(2) nongovernmental organizations with expertise in bird
conservation; and
``(3) representatives of green building certification
systems.
``(d) Dissemination of Design Guide.--The Administrator
shall disseminate the design guide developed pursuant to
subsection (b) to all Federal agencies, subagencies, and
departments with independent leasing authority from the
Administrator.
``(e) Update to Design Guide.--The Administrator shall, on
a regular basis, update the design guide developed pursuant
to subsection (b) with respect to the priorities of the
Administrator for reducing bird fatality resulting from
collisions with public buildings.
``(f) Exempt Buildings.--This section shall not apply to--
``(1) any building or site listed, or eligible for listing,
on the National Register of Historic Places;
``(2) the White House and the grounds of the White House;
``(3) the Supreme Court building and the grounds of the
Supreme Court; or
``(4) the United States Capitol and any building on the
grounds of the Capitol.
``(g) Certification.--Not later than October 1 of each
fiscal year, the Administrator, acting through the
Commissioner, shall certify to Congress that the
Administrator uses the design guide developed pursuant to
subsection (b) for each public building described in
subsection (a).
``(h) Report.--Not later than October 1 of each fiscal
year, the Administrator shall submit to Congress a report
that includes--
``(1) the certification under subsection (g); and
``(2) to the extent practicable, the number of each such
bird fatality that occurred as a result of a collision with
the public buildings occupied by the respective head of each
Federal agency.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 33 of title 40, United States Code, is
amended by adding at the end the following new item:
``3319. Use of bird-safe features, practices, and strategies in public
buildings.''.
amendment no. 77 offered by mr. schweikert of arizona
At the end of subtitle A of title III, add the following:
SEC. 3115. STUDY ON BLUE HYDROGEN TECHNOLOGY.
(a) Study.--The Secretary of Energy shall conduct a study
to examine opportunities for research and development in
integrating blue hydrogen technology in the industrial power
sector and how that could enhance the deployment and adoption
of carbon capture and storage.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Energy shall submit
to the Committee on Energy and Natural Resources of the
Senate and the Committee on Science, Space, and Technology of
the House of Representatives a report that describes the
results of the study under subsection (a).
amendment no. 78 offered by mr. scott of virginia
Page 247, line 23, redesignate paragraph (11) as paragraph
(12).
Page 247, line 23, insert the following:
(11) Modeling and simulation tools to more efficiently
design, site, permit, manufacture, construct, operate,
maintain, and decommission wind energy systems.
amendment no. 79 offered by mr. scott of virginia
Page 242, after line 13, insert the following:
(2) The term ``energy critical material'' means any of a
class of non-fuel materials that have a high risk of a supply
disruption and are critical to one or more existing or new,
energy-related technologies such that a substantial supply
disruption of such material would significantly inhibit
large-scale deployment of technologies that produce,
transmit, store, or conserve energy.
Page 242, lines 14, 18, and 21, redesignate paragraphs (2),
(3), and (4), as paragraphs (3), (4), and (5), respectively.
Page 246, line 7, strike the semicolon at the end
* Page 246, line 8, strike the period at the end and insert
``; and''.
Page 246, after line 8, insert the following:
(H) materials and designs that reduce the need for and use
of energy critical materials.
Page 247, line 4, subparagraph (4) is amended to read as
follows:
(4) Recycling and reuse of wind energy components, with
special consideration for the recovery and reuse of energy
critical materials, in coordination with the program under
Title X of the Clean Economy Jobs and Innovation Act.
amendment no. 80 offered by mr. sherrill of new jersey
Page 252, line 3, insert ``(including for air traffic
control, air defense, and weather detection)'' after ``radar
systems''.
amendment no. 81 offered by ms. stevens of michigan
Page 593, after line 17, insert the following:
Subtitle G--Research and Development
SEC. 6701. DEFINITIONS.
In this subtitle:
(1) Alternative fuel.--The term ``alternative fuel'' means
a fuel that is sustainably produced and, or, that results in
a significant reduction in carbon dioxide (CO2) emissions, or
other particulate or toxic emissions, over the lifecycle of
such fuel.
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 6702. VEHICLE RESEARCH AND DEVELOPMENT.
(a) In General.--The Secretary shall conduct a program of
research, development, and demonstration activities on more
efficient and sustainable materials, technologies, and
processes with the potential to substantially reduce or
eliminate petroleum from the manufacture, use, and the
emissions of the passenger and commercial vehicles with lower
cost of vehicle manufacturing and ownership, including
activities in the areas of--
(1) electrification of vehicle systems; including compact
and efficient electric drivetrain systems;
(2) power electronics, electric machines, and electric
machine drive systems, including--
(A) electronic motors, including advanced inverters and
motors that can be used for passenger vehicles and commercial
vehicles;
(B) magnetic materials, including permanent magnets with
reduced or no critical materials;
(C) improving partial load efficiency;
(D) design of power electronics and electric motor
technologies that enable efficient recycling of critical
materials; and
(E) other technically feasible areas for power electronics
and electric machine advances.
(3) vehicle batteries and relevant systems, including--
(A) advanced batteries systems, ultracapacitors, and other
competitive energy storage devices;
(B) the development of common interconnection protocols,
specifications, and architecture for both transportation and
stationary battery applications;
(C) improving energy density and capacity, recharging
robustness, extreme fast charging and wireless charging
capabilities, and efficiencies to lower cost;
(D) thermal management of battery systems;
(E) improving efficient use, substitution, and recycling of
potentially critical materials in vehicles, including rare
earth elements and precious metals, at risk of supply
disruption; and
(F) advanced battery protection systems for safe handling
of high voltage power;
(4) vehicle, component, and subsystem manufacturing
technologies and processes;
(5) vehicle systems and components, including--
(A) engine efficiency and combustion optimization;
(B) waste heat recovery;
(C) transmission and drivetrains;
(D) advanced boosting systems;
(E) idle reduction systems and components;
[[Page H4904]]
(F) innovative propulsion systems; and
(G) vehicle fuel cells and relevant systems;
(6) hybrid and alternative fuel vehicles, including--
(A) vehicle fuel cells and relevant systems, including
power electronics systems to regulate the fuel cell voltages;
(B) synthetic fuels from recycled CO2 and net-zero carbon
liquid fuels; and
(C) advanced biofuel technologies;
(7) aftertreatment technologies, aerodynamics, rolling
resistance (including tires and wheel assemblies), accessory
power loads of vehicles and associated equipment, friction
and wear reduction, and lubricants for hybrid and electric
vehicles;
(8) vehicle weight reduction, including--
(A) more sustainable and cost-effective lightweighting
materials; and
(B) the development of higher efficiency manufacturing
processes to make sustainable lightweight materials and
fabricate, assemble, and use dissimilar materials,
including--
(i) lightweighted systems which combine several existing
vehicle components; and
(ii) voluntary, consensus-based standards for strategic
lightweight materials;
(9) improved vehicle recycling methods to increase the
recycled material content of feedstocks used in raw material
manufacturing;
(10) vehicle propulsion systems, including--
(A) engine and component durability;
(B) engine down speeding;
(C) engine compatibility with and optimization for a
variety of transportation fuels, including biofuels,
synthetic fuels, and other liquid and gaseous fuels;
(D) advanced internal combustion engines;
(E) transmission gear and engine operation matching; and
(F) advanced transmission technologies;
(11) predictive engineering, modeling, and simulation of
components, vehicle and transportation systems;
(12) leveraging automation in both vehicle and
infrastructure systems;
(13) infrastructure, including--
(A) refueling and charging infrastructure for alternative
fueled and electric drive or plug-in electric hybrid
vehicles, including the unique challenges facing rural areas;
(B) extreme fast wired and wireless charging systems;
(C) integration, bidirectional capability, and operational
optimization of vehicle electrification for light, medium,
and heavy duty with the charging infrastructure and the grid;
and
(D) sensing, communications, and actuation technologies for
vehicle, electric grid, and infrastructure, including--
(i) communication and connectivity among vehicles,
infrastructure, and the electrical grid; and
(ii) vehicle-to-vehicle, vehicle-to-pedestrian, vehicle-to-
cloud, and vehicle-to-infrastructure technologies;
(14) retrofitting advanced vehicle technologies to existing
vehicles;
(15) transportation system analysis to further understand
the energy implications and opportunities of advanced
mobility solutions, including--
(A) advanced vehicle technologies, including automation;
(B) new mobility business models, real time information,
transit, and micro mobility choices;
(C) consumer travel decisions and e-commerce engagement,
including travel behavior and potential strategies for
reducing vehicle miles traveled to reduce emissions;
(D) goods movement and delivery interactions, including
with car transport;
(E) infrastructure advancements and linkage with vehicle-
to-everything,
(F) quantification of technology, policy, and investment
decisions on mobility, access, equity, and the environment;
and
(G) overall system optimization;
(16) aligned industry standards for strategic lightweight
materials;
(17) energy efficient advanced computing systems,
technology, and networking for vehicular on-board, off-board,
and edge computing applications;
(18) identifying strategies to mitigate the long-term
ramification of vehicle and mobility technology research,
development, and demonstration stemming from events such as
economic downturns; and
(19) other innovative technologies research and development
as determined by the Secretary.
(b) Security of On-road Transportation.--
(1) In general.--The Secretary, in coordination with other
relevant Federal agencies, shall establish a research and
development program focused on the cyber and physical
security of interconnections between vehicles, charging
equipment, buildings, and the grid for plug-in electric
vehicles, connected vehicles, and autonomous vehicles,
including the security impacts, efficiency, and safety of
plug-in electric vehicles using alternating current charging,
high-power direct current fast charging, and extreme fast
charging, defined as charge rates of 350kW and above.
(2) Assessment.--The Secretary shall develop an assessment
of emergent cybersecurity threats and vulnerabilities to the
United States on-road transportation system and connected
infrastructure with 5- to 10-year impact by identifying areas
of research where Federal cross-agency research coordination
and cooperation will help address such threats and
vulnerabilities.
(3) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives, and the Committee on Energy and Natural
Resources of the Senate a report summarizing the current
research and challenges associated with cyber-physical
protection and resiliency of electric and connected and
automated vehicle technologies.
(c) Vehicle Energy Storage System Safety.--
(1) In general.--The Secretary shall support a program of
research, development, and demonstration of vehicle energy
storage safety and reliability.
(2) Activities.--In carrying out this section, the
Secretary shall support activities to--
(A) research the mechanisms that lead to vehicle energy
storage system safety and reliability incidents;
(B) develop new materials to improve overall vehicle energy
storage system safety and abuse tolerance;
(C) perform abuse testing;
(D) advance testing techniques;
(E) demonstrate detailed failure analyses;
(F) develop strategies to mitigate vehicle energy storage
cell and system failures; and
(G) development of crush-induced battery safety protocols
and standards to improve robustness.
(d) Vehicle Technologies Advisory Committee.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish the
Advanced Vehicle Technologies Advisory Committee (in this
section referred to as the ``advisory committee'') to advise
the Secretary on vehicle technology and mobility system
research advancements. The advisory committee shall be
composed of not fewer than 15 members, including
representatives of research and academic institutions,
environmental organizations, industry, and nongovernmental
entities, who are qualified to provide advice on the
research, development, and demonstration activities under
this Act (in this section referred to as the DOE Vehicle
Program).
(2) Assessment.--The advisory committee shall assess--
(A) the current state of United States competitiveness in
advancing vehicle technologies and mobility systems,
including--
(i) the scope and scale of United States investments in
sustainable transportation research, development,
demonstration, and
(ii) research, development, and demonstration activities to
lower vehicle and fuel lifecycle emissions;
(B) progress made in implementing the DOE Vehicle Program,
including progress of research activities to lower vehicle
emissions, considering emissions at each stage of the vehicle
and fuel lifecycle;
(C) the need to revise the DOE Vehicle Program;
(D) the balance of activities and funding across the DOE
Vehicle Program;
(E) the management, coordination, implementation, and
activities of the DOE Vehicle Program;
(F) whether environmental, safety, security, and other
appropriate societal issues are adequately addressed by the
DOE Vehicle Technologies Program; and
(G) other relevant topics as decided by the Secretary.
(3) Reports.--Not later than 2 years after the date of
enactment of this Act, and not less frequently than once
every 3 years thereafter, the advisory committee shall submit
to the Secretary, the Committee on Science, Space, and
Technology of the House of Representatives a report on--
(A) the findings of the advisory committee's assessment
under paragraph (1); and
(B) the advisory committee's recommendations for ways to
improve the DOE Vehicle Program.
(4) Application of federal advisory committee act.--Section
14 of the Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Advisory Committee.
(e) Interagency and Intraagency Coordination.--To the
maximum extent practicable, the Secretary shall coordinate
research, development, and demonstration activities among--
(1) relevant programs within the Department, including--
(A) the Office of Energy Efficiency and Renewable Energy;
(B) the Office of Science;
(C) the Office of Electricity;
(D) the Office of Fossil Energy;
(E) the Office of Cybersecurity, Energy Security, and
Emergency Response;
(F) the Advanced Research Projects Agency--Energy; and
(G) other offices as determined by the Secretary; and
(2) relevant technology research and development programs
within other Federal agencies, including--
(A) the Department of Transportation;
(B) National Institute of Standards & Technology;
(C) National Science Foundation; and
(D) other Federal agencies as determined by the Secretary.
(f) Intergovernmental Coordination.--The Secretary shall
seek opportunities to leverage resources and support
initiatives of Federal, State, and local governments in
developing and promoting advanced vehicle technologies,
manufacturing, and infrastructure.
[[Page H4905]]
(g) Secondary Use Applications of Vehicle Batteries.--
(1) In general.--The Secretary shall carry out a research,
development, and demonstration program that--
(A) builds on any work carried out under section 915 of the
Energy Policy Act of 2005 (42 U.S.C. 16195);
(B) identifies possible uses of a vehicle battery after the
useful life of the battery in a vehicle has been exhausted;
(C) conducts long-term testing to verify performance and
degradation predictions and lifetime valuations for secondary
uses;
(D) evaluates innovative approaches to recycling materials
from plug-in electric drive vehicles and the batteries used
in plug-in electric drive vehicles;
(E) assesses the potential for markets for uses described
in subparagraph (B) to develop; and
(F) identifies any barriers to the development of those
markets;
(G) 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.
(2) Report.--Not later than 18 months 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 paragraph (1), including
recommendations for stationary energy storage and other
potential applications for batteries used in plug-in electric
drive vehicles.
(3) Secondary use demonstration.--
(A) In general.--Based on the results of the program
described in paragraph (1), the Secretary shall develop
guidelines for projects that demonstrate the secondary uses
and innovative recycling of vehicle batteries.
(B) 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 subparagraph (A);
and
(ii) solicit applications for funding for demonstration
projects.
(5) Pilot demonstration program.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall
select proposals for Federal financial assistance under this
subsection, based on an assessment of which proposals are
mostly likely to contribute to the development of a secondary
market for vehicle batteries.
(h) Study to Examine Battery Science and Technology
Pathways.--
(1) In general.--The Secretary shall enter into an
agreement with the National Academies of Sciences,
Engineering, and Medicine under which the National Academies
agree to conduct a study on battery technologies to advance
research toward a resilient and low-carbon transportation
system and electric grid. Such study shall--
(A) identify promising battery technologies;
(B) recommend research priorities to support the
development of sustainable battery value chains, including
analyzing human rights, environmental impacts, and recycling
and reuse infrastructure;
(C) examine market, policy, and technology barriers to
their development; and
(D) recommend strategic research priorities on technology
pathways to develop affordable, sustainable, safe, efficient,
and long-lasting batteries to meet future transportation and
energy storage demands.
(2) Report.--The agreement entered into under subsection
(a) shall include a requirement that the National Academies,
not later than 24 months after the date of enactment of this
Act, submit to the House Committee on Science, Space and
Technology, and the Senate Committee on Energy and Natural
Resources a report on the results of the study conducted
pursuant to such subsection.
SEC. 6703. RESEARCH AND DEVELOPMENT PROGRAM FOR ADVANCED
VEHICLE MANUFACTURING TECHNOLOGIES.
The Secretary shall carry out a research, development, and
demonstration program of advanced vehicle manufacturing
technologies and practices, including innovative, efficient,
and sustainable processes--
(1) to increase the production rate and decrease the cost
of advanced battery and fuel cell manufacturing, including
synthesis of precursor materials for electrodes;
(2) to develop technologies enabling flexible manufacturing
facilities that can accommodate different battery chemistries
and configurations;
(3) to reduce or repurpose waste streams, reduce 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 other
applications;
(5) to develop manufacturing and additive manufacturing
processes to fabricate, assemble, and produce cost-effective
lightweight materials with enhanced functionality such as
advanced aluminum, steel, and other metal alloys, advanced
polymers, polymeric composites, and carbon fiber for use in
vehicles and related tooling;
(6) to leverage the use of machine learning toward
manufacturing and additive manufacturing optimization;
(7) to design and manufacture purpose-built hydrogen fuel
cell vehicles, hydrogen fueling infrastructure, and
components;
(8) to improve the lifetime and reduce the lifecycle
impacts of advanced batteries; and
(9) to reuse valuable components and materials such as
permanent magnets and other electric drive components for
advanced vehicles.
SEC. 6704. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary
for research, development, and demonstration, of alternative
fuels, vehicle propulsion systems, vehicle components, and
other related technologies in the United States, including
activities authorized under this subtitle--
(1) for fiscal year 2021, $396,000,000;
(2) for fiscal year 2022, $415,800,000;
(3) for fiscal year 2023, $436,590,000;
(4) for fiscal year 2024, $458,419,500; and
(5) for fiscal year 2025, $481,340,475.
Amendment No. 94 Offered by Ms. DeGette of Colorado
At the end of subtitle F of title XII, add the following:
SEC. __. GAS WASTE REDUCTION AND ENHANCEMENT OF GAS MEASURING
AND REPORTING.
(a) In General.--Title I of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1711 et seq.) is amended by
adding at the end the following:
``SEC. 118. GAS WASTE REDUCTION AND ENHANCEMENT OF GAS
MEASURING AND REPORTING.
``(a) Regulations for Preventing and Reducing Waste of Gas
Via Venting, Flaring, and Fugitive Releases.--
``(1) Requirement to issue regulations.--Not later than 2
years after the date of enactment of this section, the
Secretary shall issue regulations pursuant to the Secretary's
authority under the Mineral Leasing Act, the Federal Land
Policy and Management Act of 1976, the Indian Mineral Leasing
Act of 1938, and other statutes authorizing the Secretary to
regulate oil and gas activities on Federal land and Indian
lands, that establish requirements for reducing and
preventing the waste of gas, including by venting, flaring,
and fugitive releases, from covered operations.
``(2) Content of regulations.--The regulations shall, with
respect to covered operations--
``(A) require that, beginning not later than 3 years after
the date of enactment of this section, each operator captures
at least 85 percent of all gas produced in each year from
each onshore well that is subject to a mineral leasing law;
``(B) require that, beginning not later than 5 years after
the date of enactment of this section, each operator captures
at least 99 percent of all gas produced in each year from
each onshore well that is subject to a mineral leasing law;
``(C) require flaring of gas, rather than venting, in all
instances in which gas is not captured;
``(D) require that every application for a permit to drill
a production well--
``(i) demonstrate sufficient infrastructure and capacity is
in place to capture the expected quantity of produced gas
from the well; and
``(ii) be published with an opportunity for a public
comment period of at least 30 days;
``(E) beginning not later than 2 years after the date of
enactment of this section, prohibit all new and refractured
production wells from flaring;
``(F) require the operator of any covered operation that
routinely flares gas before the effective date of a
regulation prohibiting flaring issued pursuant to
subparagraph (E) to submit a gas capture plan to the
Secretary not later than 180 days before such effective date
that ensures that such operator will meet the requirements
described in subparagraphs (A) and (B);
``(G) set performance standards for newly installed
equipment based on modern equipment that minimize gas loss
from--
``(i) storage tanks;
``(ii) dehydrators;
``(iii) compressors;
``(iv) open-ended valves or lines;
``(v) pumps; and
``(vi) such other equipment as the Secretary determines
appropriate to reduce and prevent gas release;
``(H) require that operators replace existing equipment
within one year of the publication date of performance
standards established under subsection (G);
``(I) require the replacement of all high-bleed gas-
actuated pneumatic devices with low-bleed or no-bleed devices
not later than 180 days after the date of issuance of the
regulation enacted under subparagraph (A);
``(J) set performance standards based on modern procedures
and equipment that minimize gas loss from--
``(i) downhole maintenance;
``(ii) liquids unloading;
``(iii) well completion; and
``(iv) such other procedures as the Secretary determines
appropriate to reduce and prevent gas release;
``(K) require all operators to have leak detection programs
with regularly scheduled inspections that assess the entire
covered operation using an infrared camera or other equipment
with methods that provide overall at least equivalent
sensitivity and effectiveness in detecting leaks on a timely
basis;
``(L) require any leaks found to be repaired promptly, and
in any case not later than 4 weeks after the discovery of the
leak, except where exceptional circumstances warrant an
extension of not more than 8 additional weeks; and
``(M) require recordkeeping for--
[[Page H4906]]
``(i) equipment maintenance;
``(ii) leak detection and repair;
``(iii) venting events;
``(iv) flaring events; and
``(v) such other operations as the Secretary determines
appropriate to reduce and prevent gas release.
``(b) Gas Measuring, Reporting, and Transparency
Requirements.--
``(1) In general.--The Secretary shall, not later than one
year after the date of enactment of this section, issue
regulations requiring each operator to measure and report,
with respect to all gas subject to the mineral leasing laws,
all such gas produced, consumed on site, or lost through
venting, flaring, or fugitive releases.
``(2) Measuring and reporting requirements.--To account for
all gas referred to in paragraph (1), the Secretary shall
issue regulations requiring each operator to--
``(A) measure all production and disposition of gas with
such accuracy that fugitive gas releases can be calculated;
``(B) install metering devices to measure all flared gas;
and
``(C) report to the Secretary the volumes of gas measured
under the requirements described in subparagraph (A),
including--
``(i) all new measured values for production and
disposition, including vented and flared volumes; and
``(ii) values for fugitive releases based on guidelines for
their calculation established by the Secretary in such
regulations.
``(3) Transparency.--The Secretary shall make all new data
produced under the requirements established by the Secretary
under this subsection, including calculated fugitive releases
and volumes of gas lost to venting and flaring, publicly
available through the internet--
``(A) without a fee or other access charge;
``(B) in a searchable, sortable, and downloadable manner,
to the extent technically possible; and
``(C) as soon as technically practicable after the report
by the operator is filed.
``(c) Application.--Except as otherwise specified in this
section, the requirements established by the Secretary under
this section shall apply to--
``(1) the construction and operation of any covered
operation initiated, including the refracturing of existing
wells, on or after the date of the issuance of regulations
under this section; and
``(2) after the end of the 1-year period beginning on the
date of the issuance of such regulations, any covered
operation initiated before the date of the issuance of such
regulations.
``(d) Enforcement Mechanisms.--
``(1) In general.--The Secretary shall include in the
regulations issued under this section consistent enforcement
mechanisms for covered operations that are not in compliance
with the requirements established by the regulations.
``(2) Requirements.--The Secretary shall include in the
enforcement mechanisms described in paragraph (1)--
``(A) civil penalties for unauthorized venting and flaring,
which shall--
``(i) apply in lieu of the penalties and related provisions
under section 109; and
``(ii) include production restrictions and civil monetary
penalties equivalent to 3 times the market value of the
vented or flared gas; and
``(B) civil penalties that apply to noncompliance with
other new or existing procedures, which shall--
``(i) apply in addition to or in lieu of the penalties and
related provisions under section 109;
``(ii) include production restrictions or monetary
penalties, or both; and
``(iii) in the case of monetary penalties, be proportional
to market conditions.
``(e) Definitions.--In this section:
``(1) Capture.--The term `capture' means the physical
containment of natural gas for transportation to market or
productive use of natural gas, and includes reinjection and
royalty-free on-site uses.
``(2) Covered operations.--The term `covered operations'
means all oil and gas operations that are subject to mineral
leasing law or title V of the Federal Land Policy and
Management Act of 1976 (30 U.S.C. 1761 et seq.), regardless
of size, including production, storage, gathering,
processing, and handling operations.
``(3) Flare and flaring.--The terms `flare' and `flaring'
mean the intentional and controlled burning of gas that
occurs in the course of oil and gas operations to limit
release of gas to the atmosphere.
``(4) Fugitive release.--The term `fugitive release' means
the unintentional and uncontrolled release of gas into the
atmosphere in the course of oil and gas operations.
``(5) Gas capture plan.--The term `gas capture plan' means
a plan that includes specific goals, including equipment and
timelines, for capturing, gathering, and processing gas
produced under an oil or gas lease.
``(6) Gas release.--The term `gas release' includes all gas
that is discharged to the atmosphere via venting or fugitive
release.
``(7) Vent and venting.--The terms `vent' and `venting'
mean the intentional and controlled release of gas into the
atmosphere in the course of oil and gas operations.''.
(b) Clerical Amendment.--The table of contents in section 1
of such Act is amended by inserting after the item relating
to section 117 the following:
``Sec. 118. Gas waste reduction and enhancement of gas measuring and
reporting.''.
(c) Updates.--The Secretary of the Interior shall update
the regulations required by the amendments made by this
section when the Secretary determines appropriate, but no
less frequently than once every ten years, to reflect new
information regarding gas waste, the impacts of that waste,
and the availability of technologies and performance measures
to reduce gas waste.
(d) Application of Prior Rule.--The final rule entitled
``Waste Prevention, Production Subject to Royalties, and
Resource Conservation'', as published in the Federal Register
November 18, 2016 (81 Fed. Reg. 83008), is hereby reinstated,
and each of its provisions shall apply unless and until the
effective date of a subsequent final rule promulgated under
the amendment made by subsection (a), or promulgated under
another applicable authority, that replaces or repeals such
provision.
(e) Assessment of Venting, Flaring, and Fugitive
Releases.--Not later than 180 days after the end of the 1-
year period beginning on the date the Secretary of the
Interior first receives data submitted under the requirements
established under subsection (b) of section 118 of the
Federal Oil and Gas Royalty Management Act of 1982, as
amended by this section, the Secretary shall--
(1) submit a report to Congress describing--
(A) the volume of fugitive releases, and gas consumed or
lost by venting and flaring, from covered operations (as
those terms are used in such section); and
(B) additional regulations the Secretary considers would
help further curtail venting, flaring, and fugitive releases,
or the rational basis for not issuing such additional
regulations if the Secretary considers additional regulations
would not be appropriate to further curtail venting, flaring,
and fugitive releases; and
(2) issue regulations described in the report required by
paragraph (1)(B) not later than 1 year after the date of the
submission of the report.
Amendment No. 98 Offered by Mr. Lujan of New Mexico
Add at the end of title VIII the following:
Subtitle D--Increasing and Mobilizing Partnerships to Achieve
Commercialization of Technologies for Energy
SEC. 8401. SHORT TITLE.
This subtitle may be cited as the ``Increasing and
Mobilizing Partnerships to Achieve Commercialization of
Technologies for Energy Act'' or the ``IMPACT for Energy
Act''.
SEC. 8402. DEFINITIONS.
In this subtitle:
(1) Board.--The term ``Board'' means the Board of Directors
described in section 8403(b)(1).
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Executive director.--The term ``Executive Director''
means the Executive Director described in section 8403(e)(1).
(4) Foundation.--The term ``Foundation'' means the Energy
Technology Commercialization Foundation established under
section 8403(a).
(5) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 8403. ENERGY TECHNOLOGY COMMERCIALIZATION FOUNDATION.
(a) Establishment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a
nonprofit corporation to be known as the ``Energy Technology
Commercialization Foundation''.
(2) Mission.--The mission of the Foundation shall be--
(A) to support the mission of the Department; and
(B) to advance collaboration with energy researchers,
institutions of higher education, industry, and nonprofit and
philanthropic organizations to accelerate the
commercialization of energy technologies.
(3) Limitation.--The Foundation shall not be an agency or
instrumentality of the Federal Government.
(4) Tax-exempt status.--The Board shall take all necessary
and appropriate steps to ensure that the Foundation receives
a determination from the Internal Revenue Service that it is
an organization that is described in section 501(c) of the
Internal Revenue Code of 1986, and exempt from taxation under
section 501(a) of such Code.
(5) Collaboration with existing organizations.--The
Secretary may collaborate with 1 or more organizations to
establish the Foundation and carry out the activities of the
Foundation.
(b) Board of Directors.--
(1) Establishment.--The Foundation shall be governed by a
Board of Directors.
(2) Composition.--
(A) In general.--The Board shall be composed of the members
described in subparagraph (B).
(B) Board members.--
(i) Initial members.--The Secretary shall--
(I) enter into a contract with the National Academies of
Sciences, Engineering, and Medicine to develop a list of
individuals to serve as members of the Board who are well-
qualified and will meet the requirements of clauses (ii) and
(iii); and
(II) appoint the initial members of the Board, in
consultation with the National
[[Page H4907]]
Academies of Sciences, Engineering, and Medicine, with the
requirements of clauses (ii) and (iii).
(ii) Representation.--The members of the Board shall
reflect a broad cross-section of stakeholders from academia,
industry, nonprofit organizations, State or local
governments, the investment community, the philanthropic
community, and management and operating contractors of the
National Laboratories.
(iii) Experience.--The Secretary shall ensure that a
majority of the members of the Board--
(I)(aa) has experience in the energy sector;
(bb) has research experience in the energy field; or
(cc) has experience in technology commercialization or
foundation operations; and
(II) to the extent practicable, represents diverse regions
and energy sectors.
(3) Chair and vice chair.--
(A) In general.--The Board shall designate from among the
members of the Board--
(i) an individual to serve as Chair of the Board; and
(ii) an individual to serve as Vice Chair of the Board.
(B) Terms.--The term of service of the Chair and Vice Chair
of the Board shall end on the earlier of--
(i) the date that is 3 years after the date on which the
Chair or Vice Chair of the Board, as applicable, is
designated for the position; and
(ii) the last day of the term of service of the member, as
determined under paragraph (4)(A), who is designated to be
Chair or Vice Chair of the Board, as applicable.
(C) Representation.--The Chair and Vice Chair of the
Board--
(i) shall not be representatives of the same area or
entity, as applicable, under paragraph (2)(B)(ii); and
(ii) shall not be representatives of any area or entity, as
applicable, represented by the immediately preceding Chair
and Vice Chair of the Board.
(4) Terms and vacancies.--
(A) Terms.--
(i) In general.--Except as provided in clause (ii), the
term of service of each member of the Board shall be 5 years.
(ii) Initial members.--Of the initial members of the Board
appointed under paragraph (2)(B)(i), half of the members
shall serve for 4 years and half of the members shall serve
for 5 years, as determined by the Chair of the Board.
(B) Vacancies.--Any vacancy in the membership of the
Board--
(i) shall be filled in accordance with the bylaws of the
Foundation by an individual capable of representing the same
area or entity, as applicable, as represented by the vacating
board member under paragraph (2)(B)(ii);
(ii) shall not affect the power of the remaining members to
execute the duties of the Board; and
(iii) shall be filled by an individual selected by the
Board.
(5) Meetings; quorum.--
(A) Initial meeting.--Not later than 60 days after the
Board is established, the Secretary shall convene a meeting
of the members of the Board to incorporate the Foundation.
(B) Quorum.--A majority of the members of the Board shall
constitute a quorum for purposes of conducting the business
of the Board.
(6) Duties.--The Board shall--
(A) establish bylaws for the Foundation in accordance with
paragraph (7);
(B) provide overall direction for the activities of the
Foundation and establish priority activities;
(C) carry out any other necessary activities of the
Foundation;
(D) evaluate the performance of the Executive Director; and
(E) actively solicit and accept funds, gifts, grants,
devises, or bequests of real or personal property to the
Foundation, including from private entities.
(7) Bylaws.--
(A) In general.--The bylaws established under paragraph
(6)(A) may include--
(i) policies for the selection of Board members, officers,
employees, agents, and contractors of the Foundation;
(ii) policies, including ethical standards, for--
(I) the acceptance, solicitation, and disposition of
donations and grants to the Foundation, including appropriate
limits on the ability of donors to designate, by stipulation
or restriction, the use or recipient of donated funds; and
(II) the disposition of assets of the Foundation;
(iii) policies that subject all employees, fellows,
trainees, and other agents of the Foundation (including
members of the Board) to conflict of interest standards; and
(iv) the specific duties of the Executive Director.
(B) Requirements.--The Board shall ensure that the bylaws
of the Foundation and the activities carried out under those
bylaws shall not--
(i) reflect unfavorably on the ability of the Foundation to
carry out activities in a fair and objective manner; or
(ii) compromise, or appear to compromise, the integrity of
any governmental agency or program, or any officer or
employee employed by, or involved in, a governmental agency
or program.
(8) Compensation.--
(A) In general.--No member of the Board shall receive
compensation for serving on the Board.
(B) Certain expenses.--In accordance with the bylaws of the
Foundation, members of the Board may be reimbursed for travel
expenses, including per diem in lieu of subsistence, and
other necessary expenses incurred in carrying out the duties
of the Board.
(c) Purpose.--The purpose of the Foundation is to increase
private and philanthropic sector investments that support
efforts to create, develop, and commercialize innovative
technologies that address crosscutting national energy
challenges by methods that include--
(1) fostering collaboration and partnerships with
researchers from the Federal Government, State governments,
institutions of higher education, federally funded research
and development centers, industry, and nonprofit
organizations for the research, development, or
commercialization of transformative energy and associated
technologies;
(2)(A) strengthening regional economic development through
scientific and energy innovation; and
(B) disseminating lessons learned from that development to
foster the creation and growth of new regional energy
innovation clusters;
(3) promoting new product development that supports job
creation;
(4) administering prize competitions to accelerate private
sector competition and investment; and
(5) supporting programs that advance technologies from the
prototype stage to a commercial stage.
(d) Activities.--
(1) Studies, competitions, and projects.--The Foundation
may conduct and support studies, competitions, projects, and
other activities that further the purpose of the Foundation
described in subsection (c).
(2) Fellowships and grants.--
(A) In general.--The Foundation may award fellowships and
grants for activities relating to research, development,
demonstration, maturation, or commercialization of energy and
other Department-supported technologies.
(B) Form of award.--A fellowship or grant under
subparagraph (A) may consist of a stipend, health insurance
benefits, funds for travel, and funds for other appropriate
expenses.
(C) Selection.--In selecting a recipient for a fellowship
or grant under subparagraph (A), the Foundation--
(i) shall make the selection based on the technical and
commercialization merits of the proposed project of the
potential recipient; and
(ii) may consult with a potential recipient regarding the
ability of the potential recipient to carry out various
projects that would further the purpose of the Foundation
described in subsection (c).
(D) National laboratories.--A National Laboratory that
applies for or accepts a grant under subparagraph (A) shall
not be considered to be engaging in a competitive process.
(3) Accessing facilities and expertise.--The Foundation may
work with the Department--
(A) to leverage the capabilities and facilities of National
Laboratories to commercialize technology; and
(B) to assist with resources, including through the
development of internet websites that provide information on
the capabilities and facilities of each National Laboratory
relating to the commercialization of technology.
(4) Training and education.--The Foundation may support
programs that provide commercialization training to
researchers, scientists, and other relevant personnel at
National Laboratories and institutions of higher education to
help commercialize federally funded technology.
(5) Maturation funding.--The Foundation shall support
programs that provide maturation funding to researchers to
advance the technology of those researchers for the purpose
of moving products from a prototype stage to a commercial
stage.
(6) Stakeholder engagement.--The Foundation shall convene,
and may consult with, representatives from the Department,
institutions of higher education, National Laboratories, the
private sector, and commercialization organizations to
develop programs for the purpose of the Foundation described
in subsection (c) and to advance the activities of the
Foundation.
(7) Individual laboratory foundations program.--
(A) Definition of individual laboratory foundation.--In
this paragraph, the term ``Individual Laboratory Foundation''
means a Laboratory Foundation established by a National
Laboratory.
(B) Support.--The Foundation shall provide support to and
collaborate with Individual Laboratory Foundations.
(C) Guidelines and templates.--For the purpose of providing
support under subparagraph (B), the Secretary shall establish
suggested guidelines and templates for Individual Laboratory
Foundations, including--
(i) a standard adaptable organizational design for the
responsible management of an Individual Laboratory
Foundation;
(ii) standard and legally tenable bylaws and money-handling
procedures for Individual Laboratory Foundations; and
(iii) a standard training curriculum to orient and expand
the operating expertise of
[[Page H4908]]
personnel employed by an Individual Laboratory Foundation.
(D) Affiliations.--Nothing in this paragraph requires--
(i) an existing Individual Laboratory Foundation to modify
current practices or affiliate with the Foundation; or
(ii) an Individual Laboratory Foundation to be bound by
charter or corporate bylaws as permanently affiliated with
the Foundation.
(8) Supplemental programs.--The Foundation may carry out
supplemental programs--
(A) to conduct and support forums, meetings, conferences,
courses, and training workshops consistent with the purpose
of the Foundation described in subsection (c);
(B) to support and encourage the understanding and
development of--
(i) data that promotes the translation of technologies from
the research stage, through the development and maturation
stage, and ending in the market stage; and
(ii) policies that make regulation more effective and
efficient by leveraging the technology translation data
described in clause (i) for the regulation of relevant
technology sectors;
(C) for writing, editing, printing, publishing, and vending
books and other materials relating to research carried out
under the Foundation and the Department; and
(D) to conduct other activities to carry out and support
the purpose of the Foundation described in subsection (c).
(9) Evaluations.--The Foundation shall support the
development of an evaluation methodology, to be used as part
of any program supported by the Foundation, that shall--
(A) consist of qualitative and quantitative metrics; and
(B) include periodic third party evaluation of those
programs and other activities of the Foundation.
(10) Communications.--The Foundation shall develop an
expertise in communications to promote the work of grant and
fellowship recipients under paragraph (2), the
commercialization successes of the Foundation, opportunities
for partnership with the Foundation, and other activities.
(e) Administration.--
(1) Executive director.--The Board shall hire an Executive
Director of the Foundation, who shall serve at the pleasure
of the Board.
(2) Administrative control.--No member of the Board,
officer or employee of the Foundation or of any program
established by the Foundation, or participant in a program
established by the Foundation, shall exercise administrative
control over any Federal employee.
(3) Strategic plan.--Not later than 1 year after the date
of enactment of this Act, the Foundation shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Science, Space, and Technology of the House
of Representatives a strategic plan that contains--
(A) a plan for the Foundation to become financially self-
sustaining in fiscal year 2022 and thereafter (except for the
amounts provided each fiscal year under subsection
(l)(1)(C));
(B) a forecast of major crosscutting energy challenge
opportunities, including short- and long-term objectives,
identified by the Board, with input from communities
representing the entities and areas, as applicable, described
in subsection (b)(2)(B)(ii);
(C) a description of the efforts that the Foundation will
take to be transparent in the processes of the Foundation,
including processes relating to--
(i) grant awards, including selection, review, and
notification;
(ii) communication of past, current, and future research
priorities; and
(iii) solicitation of and response to public input on the
opportunities identified under subparagraph (B); and
(D) a description of the financial goals and benchmarks of
the Foundation for the following 10 years.
(4) Annual report.--Not later than 1 year after the date on
which the Foundation is established, and every 2 years
thereafter, the Foundation shall submit to the Committee on
Energy and Natural Resources of the Senate, the Committee on
Science, Space, and Technology of the House of
Representatives, and the Secretary a report that, for the
year covered by the report--
(A) describes the activities of the Foundation and the
progress of the Foundation in furthering the purpose of the
Foundation described in subsection (c);
(B) provides a specific accounting of the source and use of
all funds made available to the Foundation to carry out those
activities;
(C) describes how the results of the activities of the
Foundation could be incorporated into the procurement
processes of the General Services Administration; and
(D) includes a summary of each evaluation conducted using
the evaluation methodology described in subsection (d)(9).
(5) Evaluation by comptroller general.--Not later than 5
years after the date on which the Foundation is established,
the Comptroller General of the United States shall submit to
the Committee on Energy and Natural Resources of the Senate
and the Committee on Science, Space, and Technology of the
House of Representatives--
(A) an evaluation of--
(i) the extent to which the Foundation is achieving the
mission of the Foundation; and
(ii) the operation of the Foundation; and
(B) any recommendations on how the Foundation may be
improved.
(6) Audits.--The Foundation shall--
(A) provide for annual audits of the financial condition of
the Foundation; and
(B) make the audits, and all other records, documents, and
papers of the Foundation, available to the Secretary and the
Comptroller General of the United States for examination or
audit.
(7) Separate fund accounts.--The Board shall ensure that
any funds received under subsection (l)(1) are held in a
separate account from any other funds received by the
Foundation.
(8) Integrity.--
(A) In general.--To ensure integrity in the operations of
the Foundation, the Board shall develop and enforce
procedures relating to standards of conduct, financial
disclosure statements, conflicts of interest (including
recusal and waiver rules), audits, and any other matters
determined appropriate by the Board.
(B) Financial conflicts of interest.--Any individual who is
an officer, employee, or member of the Board is prohibited
from any participation in deliberations by the Foundation of
a matter that would directly or predictably affect any
financial interest of--
(i) the individual;
(ii) a relative (as defined in section 109 of the Ethics in
Government Act of 1978 (5 U.S.C. App.)) of that individual;
or
(iii) a business organization or other entity in which the
individual has an interest, including an organization or
other entity with which the individual is negotiating
employment.
(9) Intellectual property.--The Board shall adopt written
standards to govern the ownership and licensing of any
intellectual property rights developed by the Foundation or
derived from the collaborative efforts of the Foundation.
(10) Liability.--The United States shall not be liable for
any debts, defaults, acts, or omissions of the Foundation nor
shall the full faith and credit of the United States extend
to any obligations of the Foundation.
(11) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Foundation.
(f) Department Collaboration.--
(1) National laboratories.--The Secretary shall collaborate
with the Foundation to develop a process to ensure
collaboration and coordination between the Department, the
Foundation, and National Laboratories--
(A) to streamline contracting processes between National
Laboratories and the Foundation, including by--
(i) streamlining the ability of the Foundation to transfer
equipment and funds to National Laboratories;
(ii) standardizing contract mechanisms to be used by the
Foundation; and
(iii) streamlining the ability of the Foundation to fund
endowed positions at National Laboratories;
(B) to allow a National Laboratory or site of a National
Laboratory--
(i) to accept and perform work for the Foundation,
consistent with provided resources, notwithstanding any other
provision of law governing the administration, mission, use,
or operations of the National Laboratory or site, as
applicable; and
(ii) to perform that work on a basis equal to other
missions at the National Laboratory; and
(C) to permit the director of any National Laboratory or
site of a National Laboratory to enter into a cooperative
research and development agreement or negotiate a licensing
agreement with the Foundation pursuant to section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a).
(2) Department liaisons.--The Secretary shall appoint
liaisons from across the Department to collaborate and
coordinate with the Foundation.
(3) Administration.--The Secretary shall leverage
appropriate arrangements, contracts, and directives to carry
out the process developed under paragraph (1).
(g) National Security.--Nothing in this section exempts the
Foundation from any national security policy of the
Department.
(h) Support Services.--The Secretary shall provide
facilities, utilities, and support services to the Foundation
if it is determined by the Secretary to be advantageous to
the research programs of the Department.
(i) Preemption of Authority.--This section shall not
preempt any authority or responsibility of the Secretary
under any other provision of law.
(j) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated--
(A) to the Secretary, not less than $1,500,000 for fiscal
year 2021 to establish the Foundation;
(B) to the Foundation, not less than $30,000,000 for fiscal
year 2021 to carry out the activities of the Foundation; and
(C) to the Foundation, not less than $3,000,000 for fiscal
year 2022, and each fiscal year thereafter, for
administrative and operational costs.
(2) Cost share.--Funds made available under paragraph
(1)(B) shall be required to be cost-shared by a partner of
the Foundation other than the Department.
[[Page H4909]]
The SPEAKER pro tempore. Pursuant to House Resolution 1129, the
gentlewoman from Michigan (Ms. Stevens) and the gentleman from Oklahoma
(Mr. Lucas) each will control 10 minutes.
The Chair recognizes the gentlewoman from Michigan.
Ms. STEVENS. Mr. Speaker, I yield myself 1 minute.
I rise today to urge my colleagues to support my amendment to
increase vehicle technology R&D as we consider this significant
investment in a clean energy future for battery technology,
cybersecurity, the connected car, our sustainability future, and
countless jobs.
Michigan has been a global leader in vehicle technology since we
created the industry over a century ago. Our autoworkers are the best
in the world. Our manufacturers are the best in the world. But we need
to make sure that we continue to have a level playing field to compete.
The U.S. must continue to lead by making the investments just as
other nations are doing. Now is not the time to cede our leadership.
Now is the time to claim it.
Advances in electrification and connectivity will make vehicles
safer, more efficient, and more affordable for consumers and their
families. We owe it to our American workers to make sure that this next
generation of vehicles is made right here in the United States of
America.
Mr. Speaker, I reserve the balance of my time.
Mr. LUCAS. Mr. Speaker, I yield myself such time as I may consume.
I rise in opposition to this bloc of amendments and to express my
profound disappointment with this process.
As I said yesterday, climate change is a generational challenge, one
where our work today will have an impact for decades to come. I believe
our work on something of this importance deserves thoughtful
consideration, careful analysis, and substantial debate. After all,
what is at stake here is no small matter.
The policy decisions we make on this issue will not only impact our
greenhouse gas emissions; they will also have a direct effect on what
Americans pay to cool and heat their homes. They will determine whether
we hamstring our energy sectors or give them a global advantage.
Congress has an established process to make smart policy decisions on
important issues like this. We consider issues in hearings, debate and
vote in committees, and then bring legislation to the House floor.
That is not what happened here. Instead of following regular order on
individual policy proposals, we were given 1 week to review 900 pages
of legislation.
In an effort to have a voice in this process, Members offered 176
amendments to this bill. Only 99 were made in order.
And now, Mr. Speaker, we don't even have the chance to debate and
vote on those amendments individually. Instead, we are expected to vote
to pass or reject 26 amendments en bloc right now. With only one
exception, this is how we will vote on all 99 amendments made in order.
That is a problem because it forces us either to vote in favor of
policies we don't support or to vote against the ones we do. That is
where I find myself right now.
Not surprisingly, I strongly support my own amendment in this bloc.
It expresses the sense of Congress that in order to reduce emissions,
the Secretary of Energy must prioritize funding for fundamental
research infrastructure and for basic research and development
activities carried out through the Office of Science.
Office of Science programs have long served as the cornerstone of
U.S. energy innovation. Our clean energy future will be built on next-
generation technology areas like grid-scale energy storage, advanced
grid security, and integrated carbon management strategies. These
technologies are dependent on Federal support for basic research
programs and infrastructure.
The Office of Science at DOE is behind some of the most
groundbreaking scientific discoveries and technology developments in
recent history. Without the innovation that has come from DOE basic
research, we wouldn't have successfully reduced emissions through
clean, affordable natural gas.
That is why a clean energy legislative package that fails to include
comprehensive Office of Science provisions is not a serious proposal
even if it is 900 pages long.
I would urge my colleagues to remember that Americans need affordable
and reliable energy, and that has to be a central goal in our policy to
address climate change.
We can reduce emissions, keep energy prices competitive, and ensure
that the U.S. remains a world leader in science and energy technology
by committing to prioritize basic research and critical infrastructure
supported by the Office of Science.
I believe my amendment would improve H.R. 4447 by establishing that
Congress is fundamentally committed to research and development of
breakthrough clean energy technologies. Unfortunately, I can't support
my amendment because it has been lumped in with so many others that
actually worsen the underlying legislation by increasing our support of
well-funded applied research programs that are duplicating the work
that private industry can and should be doing on its own.
But that is what happens when you force through a massive, partisan
messaging bill instead of allowing for individual policy consideration.
This shows a lack of good faith from the House Democrats and is no way
to pass legislation for the public good.
I urge my colleagues to oppose this bloc, and I reserve the balance
of my time.
Ms. STEVENS. Mr. Speaker, surely, when we pass this legislation, we
will be sending a host of new directives over to the Secretary of
Energy to continue to win and advance our future.
Mr. Speaker, I yield 2 minutes to the gentleman from Pennsylvania
(Mr. Lamb).
Mr. LAMB. Mr. Speaker, if I would have come before this House in 2005
and said to my colleagues, ``I have a policy proposal. It will create
hundreds of thousands of jobs in parts of the country that have lost
them. It will help free us from wars in the Middle East. It will save
middle-class families hundreds if not thousands of dollars a year on
their energy bills. And the best part is, it will allow us to reduce
carbon emissions for the first time in the history of the United
States,'' that would sound like a Democratic policy--more jobs, less
war, lower bills, less carbon.
That policy was the shale revolution, and it was, in truth, a
partnership between government research and entrepreneurs in
Pennsylvania and Texas and other places that figured out new techniques
to get natural gas out of the ground.
Some have opposed the continuation of natural gas drilling simply
because it is a fossil fuel, and I ask them: Who gets credit for the
reduced carbon emissions over the last 15 years? Natural gas has made a
bigger difference than anything. But we still have a duty to continue
trying to improve that process.
A lot of people don't realize that the National Energy Technology
Laboratory, NETL, that exists in western Pennsylvania, has never given
up on trying to clean up these processes. They have made great gains,
particularly in the area of produced water and taking the water that is
used to get the gas out of the ground and removing the contaminants so
that the water can be recycled and used over and over again. We have
already seen that in the short life of shale drilling in western
Pennsylvania. The NETL has improved recycling of water immensely.
My amendment would give additional money to the Secretary of Energy
to double down on this research and, most importantly, establish a
demonstration project for the first time ever to better recycle and
dispose of this water right onsite, eliminating the loud and noisy
trucks that drive through people's neighborhoods and the risk of
contaminating our water table.
This has been a tremendous technology for western Pennsylvania and
the United States, and we can continue making it better.
Mr. LUCAS. Mr. Speaker, I yield 3 minutes to the gentleman from
Louisiana (Mr. Graves).
Mr. GRAVES of Louisiana. Mr. Speaker, I thank the gentleman from
Oklahoma for yielding.
Mr. Speaker, let's look at this process. Here we have a bill that was
a bipartisan bill, H.R. 4447, that passed out
[[Page H4910]]
of the committee on a bipartisan vote, and it was eight pages. It was
eight pages.
Today, this bill is nearly 900 pages. Miraculously, from committee to
the floor, it just exploded and became nearly 900 pages of text. This
bill is now scored to cost the American taxpayers $135 billion.
This is an issue that we agree that we need to be discussing. We need
to be discussing America's energy future. We need to be discussing the
fact that Saudi Arabia, Russia, China, and other countries are trying
to decimate the American energy industry. They are trying to force our
dependence upon them.
Unfortunately, while there are some good components of this bill,
much of it plays into the hands of those very countries by forcing the
use or pushing the use of technologies by manipulating markets, by
distorting costs, that forces us to play into the hands of those
countries and become subject or dependent upon them for different
resources.
{time} 1130
Mr. Speaker, the United States, as I have heard people talk about
emissions, we are the leader in the world in terms of reducing
emissions. The United States has reduced emissions more than every
other country.
People talk about emissions reduction. Under President Obama, there
was the Clean Power Plan. We have actually hit the Clean Power Plan
target established by President Obama, but we have done it 10 years
early.
We haven't done it by distorting markets. We haven't done it by
forcing the use of technologies. We have done it by letting the market
do what it does, by letting innovators innovate, like they do.
So to my friends on the other side of the aisle, I will say it again:
We absolutely would love to engage with you on America's energy future,
on how we ensure the use of clean energy technologies moving forward,
but also on building upon the success of the United States and how we
are the global leader in reducing emissions.
We don't have to have a Democrat bill. We have got all these
amendments. They have been thrown together en bloc, where maybe we have
a great amendment, but it is paired together with nine others that are
awful. This distorts the process, and it really makes us unable to even
represent our constituents at home.
So I want to urge: Let's sit down and engage in this bill in a
bipartisan way. Let's not take a bill that was 8 pages and add over 800
pages to it in the dark of night. Let's have a transparent process.
Let's let us vote on amendments that make sense, that ensure America's
energy future is based upon our resources, not those of Russia, not
those of China, as this bill does.
This is a fatally flawed process. It is not in the interests of
America. It is not in the interests of our children's and our
grandchildren's future, and it ignores the fact that America is the
leading reducer in emissions.
Ms. STEVENS. Mr. Speaker, I remain somewhat baffled and surprised by
the remarks of my colleague, particularly as, just in the last decade,
China has spent nearly $60 billion to create a thriving electric
vehicle industry, and that is, in part, what we are committing to do
here today.
Mr. Speaker, I yield 2 minutes to the gentleman from New Mexico (Mr.
Lujan).
Mr. LUJAN. Mr. Speaker, I include in the Record the CBO score on this
legislation.
CBO's Estimate of the Statutory Pay-As-You-Go Effects of Rules
Committee Print 116-63, H.R. 4447, The Clean Economy Jobs and
Innovation Act, Including Manager's Amendment (Pallone 170), as
Reported by the Committee on Rules on September 21, 2020
The Statutory Pay-As-You-Go Act of 2010 establishes budget-
reporting and enforcement procedures for legislation
affecting direct spending or revenues. The net changes in
outlays and revenues that are subject to those procedures are
shown here.
H.R. 4447 would modify existing laws and policies governing
the energy sector. CBO estimates that the provisions noted
below would have an insignificant effect on net direct
spending, revenues, and the deficit over the 2020-2030
period.
Subtitle C of Title I would require federal agencies and
data centers to implement strategies to acquire, use, and
maintain information technologies expected to increase energy
efficiency. Those provisions could affect direct spending if
agencies procure energy-efficient technologies using longterm
contracts known as energy savings performance contracts.
Subtitle F of Title II would allow operators with certain
federal leases to noncompetitively acquire the rights to
coproduce geothermal resources under that lease and to
noncompetitively lease land adjoining that lease. CBO expects
that few leases would be affected by this provision.
Subtitle C of Title IV would reduce revenues by extending
quotas for imports of uranium from Russia until 2040, which
under current law are set to expire in 2020.
Title XI would allow aggrieved persons to sue entities,
such as local governments, for discrimination that occurs in
the context of implementing environmental projects or
regulations promulgated by federal agencies. CBO expects that
provision would increase the number of suits filed in federal
court. Those changes would increase both revenues (from court
filing fees) and spending of those fees.
H.R. 4447 also would authorize the appropriation of more
than $125 billion over the 2021-2025 period for various
programs related to clean energy. Any spending would be
subject to the availability of appropriations for those
programs.
H.R. 4447 contains intergovernmental and private-sector
mandates as defined in the Unfunded Mandates Reform Act
(UMRA). CBO estimates that the costs of mandates on private
entities would exceed the private-sector threshold
established in UMRA, and the costs of mandates on state,
local, and tribal governments would fall below the threshold
for intergovernmental mandates (those thresholds are $168
million and $84 million in 2020, respectively, adjusted
annually for inflation).
Mr. LUJAN. Mr. Speaker, I would also be happy to share this with my
colleague and my friend from Louisiana. The CBO score on this is zero.
So I will make sure I hand this over to him, as well, to take a look.
Mr. Speaker, at home in New Mexico, we are very proud of our national
labs, three national labs, two at the Department of Energy. New Mexico
has seen the value that the United States Department of Energy brings
to the fight against COVID-19.
Through our national labs, the Department has provided support to the
National Institutes of Health and other government agencies, leveraged
its scientific resources, but did a lot of work to improve the
epidemiological models and much more.
The Department of Energy has another important role to play by
helping to restart America's innovation economy, creating jobs, and
moving us toward economic recovery.
My amendment with Representatives Wilson, Torres Small, and Casten,
and based on the IMPACT for Energy Act, would help the Department
achieve these goals by establishing the Department of Energy-affiliated
nonprofit foundation to raise private-sector funds and leverage
expertise that supports the research, development, and commercial
application of technologies that address our Nation's energy challenges
and combat climate change.
This model works. The National Institutes of Health, CDC, and USDA
foundations have already demonstrated that they can raise billions of
private-sector dollars to support research and innovation. And
innovation, in turn, drives economic growth.
To enhance these efforts as part of the clean energy economy, we have
the Clean Economy Jobs and Innovation Act.
We will also be advancing my legislation to improve innovators'
access to national lab facilities and to develop the next generation of
tech leaders through partnership between national labs and institutions
of higher education.
Mr. Speaker, I urge my colleagues to support this en bloc amendment
and the underlying bill.
Mr. LUCAS. Mr. Speaker, I reserve the balance of my time.
Ms. STEVENS. Mr. Speaker, I yield 1 minute to the gentleman from
Texas (Mr. Doggett).
Mr. DOGGETT. Mr. Speaker, even during these challenging times, most
Americans recognize that when they get home, they find a habitable
place and the lights come on with the flip of a switch. But preserving
future American energy independence and energy efficiency is a greater
challenge.
The climate crisis that we confront today is not just about
endangered polar bears and Antarctic ice sheets that are melting and
will submerge our coastal areas; it is here and now with our erratic
weather, with our soaring
[[Page H4911]]
temperatures, and with blazing wildfires across the country. Energy-
efficient technology shouldn't be the ``alternative,'' it should be the
regular standard.
Now, while my home State of Texas is the national leader in
greenhouse gas pollution and in climate deniers, it is also the home to
really significant growth in wind power, the leading State in the
country, and a growing source of solar power.
Investments in clean energy protect taxpayer investments and promote
public health and safety. These investments ensure America is leading
on the road to clean energy, not being run over by it.
The SPEAKER pro tempore. The time of the gentleman has expired.
Ms. STEVENS. Mr. Speaker, I yield an additional 1 minute to the
gentleman.
Mr. DOGGETT. Mr. Speaker, as Congress considers new investments in
research and development, let's direct our efforts where we can achieve
the greatest savings and the greatest efficiency.
While carbon capture and storage, the process of capturing carbon
dioxide formed in power generation and some industrial processes, has
potential, many substantial questions remain about its cost-
effectiveness compared to other low-emission technologies, particularly
since hundreds of millions of dollars in current tax subsidies are
directed, often improperly, to those promoting fossil fuels.
Accordingly, the amendment I have offered that is included in this en
bloc amendment gets the facts for taxpayers by asking the National
Academy of Sciences to evaluate the efficacy of carbon capture
technology and evaluate industries regarding its potential.
Enough of the fossilized thinking about fossil fuels. Let's explore
all available tools and technologies, while ensuring that taxpayer
dollars are utilized to achieve maximum savings, because energy savings
could mean the difference between the Earth's saving and its
destruction.
Mr. Speaker, I urge adoption of the amendment.
Mr. LUCAS. Mr. Speaker, I would note to my colleague that I have no
additional speakers, and I am prepared to close whenever she has
concluded with her speakers.
Ms. STEVENS. Mr. Speaker, I have no additional speakers. I am
prepared to close.
Mr. LUCAS. Mr. Speaker, I yield myself as much time as I may consume.
As the Chamber of Commerce noted in a letter to Congress, there is a
growing consensus that the research, development, and commercialization
of new technologies is an important factor that will determine how
quickly and at what cost greenhouse gas emissions will be reduced. The
Chamber has recently taken issue with this package because of the
inclusion of a number of provisions that diverge from its core focus
area, threatening to undermine the otherwise favorable bill.
I am sorry to say it again, but too many provisions of this bill have
undermined areas where we could have found bipartisan consensus. The
same is true of the bloc of amendments. I, therefore, must urge my
colleagues to oppose this bloc.
Mr. Speaker, I yield back the balance of my time.
Ms. STEVENS. Mr. Speaker, I yield myself as much time as I may
consume.
Mr. Speaker, I recognize the bipartisan nature of the original bill
that passed through the House Science, Space, and Technology Committee
with the leadership of our great chairwoman, Eddie Bernice Johnson, and
our ranking member, Mr. Lucas.
I also recognize today that we are taking a vote for our future. We
are taking a vote for our innovation agenda. We are talking about the
research and development efforts of this Nation. We are talking about a
clean economy.
Today, as we engaged in debate, we got a glimpse of where this vote
might come down.
Mr. Speaker, let it be reminded to all that this House majority is
the majority that is working for the people and their future and their
jobs, for a clean economy. We are taking the necessary steps to get it
done.
So, Mr. Speaker, I urge my colleagues on both sides of the aisle to
remember and to be reminded about where it will come down today with
this vote. I urge them to vote ``yes.'' I urge them to vote for our
future. I urge them to vote for our innovation capabilities from the
United States of America.
Mr. Speaker, I yield back the balance of my time.
Mrs. TRAHAN. Mr. Speaker, I rise to offer my strong support for the
amendment offered by the gentleman from Pennsylvania, Mr. Lamb.
The world desperately needs a new source of energy that has zero-
carbon emissions. Such a technological breakthrough is absolutely vital
to combating climate change and meeting our growing energy demands.
One such promising technology is fusion energy.
When commercialized, fusion will accelerate the transformation of
America's energy system, providing the foundation for our zero-carbon
energy economy of the future.
My colleague's amendment, which I'm pleased to co-sponsor, would
provide the basis for the United States to maximize its resources, both
public and private, to demonstrate and commercialize fusion energy.
His amendment would support public-private partnerships to make
fusion energy a reality by building full-scale demonstration
facilities--and creating new companies and more jobs here at home.
This is a race against time--not only to prevent the worst
catastrophes that we're beginning to see due to climate change, but
also ensuring adequate funds so that the United States is the global
leader in fusion.
As Professor Dennis Whyte of MIT wrote last year in The Washington
Post, ``This is a critical moment for such funding decisions. Other
governments are investing billions in fusion.''
The pending amendment's milestone-based funding program will support
the development of a U.S.-based fusion power industry by providing
funds to stimulate R&D and eventual commercialization of this new
energy source.
Each private sector participant will need to meet milestones agreed-
upon in partnership with the Department of Energy in order to receive
the public funds.
Federal assistance would be made only upon completion of agreed-upon
milestones.
I urge support for the amendment as well as the underlying bill.
Mr. GARAMENDI. Mr. Speaker, I rise in support of my amendment to the
``Clean Economy Jobs and Innovation Act'', H.R. 4447.
I thank my colleague from California, Congressman Lowenthal--the
chairman of the Natural Resources Subcommittee on Energy and Mineral
Resources--for his support as the amendment's cosponsor.
I also want to commend Congressman Pallone--the chairman of the
Energy and Commerce Committee--for his leadership with the omnibus
clean energy bill before the House today.
The Outer Continental Shelf Lands Act subjects offshore mineral or
energy development to U.S. jurisdiction, including the Constitution and
applicable federal laws.
Specifically, this 1953 law applies the civil and political
jurisdiction of the United States to installations on the Outer
Continental Shelf in the United States' Exclusive Economic Zone (EEZ)
at sea.
Under the Outer Continental Shelf Lands Act, the U.S. Department of
the lnterior--acting through the Bureau of Ocean Energy Management--
conducts lease sales for offshore development of mineral and energy
resources, indulging wind lease sales.
The Energy Policy Act of 2005 established the Secretary of the
Interior's exclusive offshore wind leasing and permitting authority
under the Outer Continental Shelf Lands Act.
Our amendment simply clarifies that lease sales for energy
development on the Outer Continental Shelf from non-minerals--sources
other than oil and natural gas such as wind, hydrokinetic, or ocean
thermal energy conversion--are indeed subject to U.S. jurisdiction,
including federal laws affording labor and environmental protections.
Congress clearly intended U.S. law to apply to any form of
exploration, development, production, transportation, and transmission
of energy resources under the Outer Continental Shelf Lands Act.
Again, all our amendment does is clarify that all forms of offshore
energy development are indeed subject to the same U.S. laws that
currently apply to the offshore oil and gas industry.
In the 112th Congress, the House of Representatives passed our
amendment language, nearly verbatim, by voice vote as the ``POWER Act''
(H.R. 2360).
According to an April 2018 study by the Lawrence Berkeley National
Laboratory, offshore wind along the Eastern Seaboard of the United
States has the potential to eclipse all current land-based wind
development.
Demand for offshore wind projects in federal waters is strong, as the
Bureau of Ocean Energy Management sets record lease sales in
[[Page H4912]]
the Atlantic, to the benefit of American taxpayers.
In short order, we may see similar demand for federal lease sales for
offshore wind elsewhere in the country, including off the West Coast or
the U.S. territories.
Offshore wind development will play a central part in our nation's
transition to a clean energy economy powered by renewables.
As we welcome this burgeoning industry, Congress must act decisively
to clarify that any offshore wind development on the Outer Continental
Shelf--including exploration, production, transportation, and
transmission--is indeed subject to the same federal laws that already
apply to offshore oil and gas development or underwater mining.
This is the clear and obvious intent of Congress, and my amendment
simply updates the underlying federal law to reflect this reality.
As the former Deputy Secretary of the Interior during the Clinton
Administration, I am a long-time proponent of all forms of renewable
energy to help meet the global challenge of man-made climate change,
including offshore wind development.
I urge my colleagues to support this critical amendment, simply
updating the Outer Continental Shelf Lands Act to reflect clear
Congressional intent and provide legal certainty for offshore wind
projects to proceed in accordance with federal law.
Lastly, adopting our amendment to the ``Clean Economy Jobs and
Innovation Act'' (H.R. 4447) will set the House on strong footing for
any Energy Bill conference next Congress, with the Murkowski-Manchin
bill expected to be passed by the Senate.
I hope this amendment will pass by voice vote as it did on December
7, 2011, during the 112th Congress.
Mr. SCOTT of Virginia. Mr. Speaker, I rise today in support of two
amendments to H.R. 4447, the Clean Energy Jobs and Innovation Act. I am
honored to represent Virginia's 3rd Congressional District, which is on
the front lines of sea-level rise. Recognizing the urgent action needed
to mitigate the worst of the climate crisis, I am pleased that this
bill includes support for climate-informed building codes to improve
energy efficiency as well as resilience, issues on which Norfolk,
Virginia is leading the way. My district is also home to the Port of
Virginia and other facilities--as well as workers--that played a
critical role in installing the first offshore wind turbines in federal
waters this summer. On and offshore, wind energy presents an incredible
opportunity to generate clean, renewable energy, and to create good,
green, family-sustaining jobs in Hampton Roads and across the country.
I was pleased to submit an amendment encouraging the use of modeling
and simulation technologies in wind energy, along with Representative
Stephanie Murphy. As co-chairs of the Congressional Modeling and
Simulation Caucus, we submitted this amendment to support the
development and deployment of modeling and simulation tools to aid in
rapidly transitioning our economy away from fossil fuels. Modeling and
simulation have been very thoughtfully incorporated into many aspects
of this bill--ensuring technologies are effectively deployed, risks to
our electric grid are understood, and community resilience is enhanced.
Modeling and simulation technologies also have incredible potential to
contribute to every step of wind energy generation: the design and
siting of turbines, wind power forecasting, construction of turbines,
and even projecting the need for turbine maintenance and repair. I urge
my colleagues to support this amendment to increase our understanding
of each of these areas.
I also rise in support of my amendment which would support research
into rethinking, reducing, and reusing critical materials in wind
energy. The widespread deployment of current wind energy technology
requires aluminum and rare-earth elements. The increasing demand for
these elements and issues within their supply chains is a concern for
all of us concerned about the environment, human rights, and our clean
energy future to action. For years, the Department of Energy has
acknowledged that ``supply challenges'' for certain rare earth metals
could negatively affect clean energy technology development. The United
States is currently largely dependent on other nations, especially
China, for rare earth minerals. These minerals may not be quite as
finite as their name implies; however, they are generally difficult to
mine and require extensive processing. In some places, the industry
lacks protections for workers and the environment, jeopardizing
communities' drinking water and soil. We can alleviate these concerns
by investing in research to rethink turbine design, reduce the use of
such materials, and reuse products which are no longer need.
Wind energy prices have fallen significantly fallen in the past
decade. The levelized cost, which does not account for federal tax
credits, decreased from about $90 per megawatt-hour to $30 per
megawatt-hour last year. This is an exciting and encouraging trend for
consumers, our climate, and communities, like Hampton Roads, that are
both threatened by climate change and poised to create good green wind
energy jobs. This amendment would facilitate research on the reuse of
such materials and the design of turbines that require less of these
materials, ensuring that this trend towards more affordable wind energy
continues. In addition to creating jobs here in the United States,
supporting the future of wind energy ensures that Americans will have
increasing access to energy that is clean, renewable, reliable, and
affordable.
I urge my colleagues to support these amendments.
The SPEAKER pro tempore. Pursuant to House Resolution 1129, the
previous question is ordered on the amendments en bloc offered by the
gentlewoman from Michigan (Ms. Stevens).
The question is on the amendments en bloc.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Ms. STEVENS. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3 of House Resolution
965, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendments En Bloc No. 2 Offered by Ms. DeGette of Colorado
Ms. DeGETTE. Mr. Speaker, I have amendments en bloc at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 2 consisting of amendment Nos. 2, 3, 4, 5, 6,
7, 8, 9, 10, 11, 16, 17, 19, 20, 21, 22, 25, 27, 31, 35, 36, 37, 38,
43, 44, 45, 48, 52, 55, 56, 58, 59, 60, 61, 65, 66, 67, 70, 71, 73, 74,
75, 83, 84, 85, 86, 87, 88, 89, 90, 93, 95, 96, and 97, printed in part
B of House Report 116-528, offered by Ms. DeGette of Colorado:
amendment no. 2 offered by ms. barragan of california
At the end of title III, add the following:
Subtitle D--Climate Smart Ports
SEC. 3401. CLIMATE SMART PORTS GRANT PROGRAM.
(a) Establishment.--Not later than 6 months after the date
of enactment of this section, the Administrator shall
establish a program to award grants to eligible entities to
purchase, and as applicable install, zero emissions port
equipment and technology.
(b) Use of Grants.--
(1) In general.--An eligible entity may use a grant awarded
under this section to purchase, and as applicable install,
zero emissions port equipment and technology.
(2) Prohibited use.--
(A) In general.--An eligible entity may not use a grant
awarded under this section to purchase or install fully
automated cargo handling equipment or terminal infrastructure
that is designed for fully automated cargo handling
equipment.
(B) Human-operated zero emissions port equipment and
technology.--Nothing in subparagraph (A) prohibits an
eligible entity from using a grant awarded under this section
to purchase human-operated zero emissions port equipment and
technology or infrastructure that supports such human-
operated zero emissions port equipment and technology.
(3) Cost share.--
(A) In general.--Except as provided in subparagraph (B), an
eligible entity may not use a grant awarded under this
section to cover more than 70 percent of the cost of
purchasing, and as applicable installing, zero emissions port
equipment and technology.
(B) Certain grants.--With respect to a grant in an amount
equal to or greater than $3,000,000, an eligible entity may
use such grant to cover not more than 85 percent of the cost
of purchasing and installing zero emissions port equipment
and technology if such eligible entity certifies to the
Administrator that--
(i) such grant will be used, at least in part, to employ
laborers or mechanics to install zero emissions port
equipment and technology; and
(ii) such eligible entity is a party to a project labor
agreement or requires that each subgrantee of such eligible
entity, and any subgrantee thereof at any tier, that performs
such installation participate in a project labor agreement.
(4) Project labor.--An eligible entity that uses a grant
awarded under this section to install zero emissions port
equipment and technology shall ensure, to the greatest extent
practicable, that any subgrantee of such eligible entity, and
any subgrantee thereof at any tier, that carries out such
installation employs laborers or mechanics for such
installation that--
(A) are domiciled not further than 50 miles from such
installation;
(B) are members of the Armed Forces serving on active duty,
separated from active duty, or retired from active duty;
(C) have been incarcerated or served time in a juvenile
detention facility; or
[[Page H4913]]
(D) have a disability.
(c) Wages.--
(1) In general.--All laborers and mechanics employed by a
subgrantee of an eligible entity, and any subgrantee thereof
at any tier, to perform construction, alteration,
installation, or repair work that is assisted, in whole or in
part, by a grant awarded under this section shall be paid
wages at rates not less than those prevailing on similar
construction, alteration, installation, or repair work in the
locality as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of title 40,
United States Code.
(2) Labor standards.--With respect to the labor standards
in this subsection, the Secretary of Labor shall have the
authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and
section 3145 of title 40, United States Code.
(d) Application.--
(1) In general.--To be eligible to be awarded a grant under
this section, an eligible entity shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require.
(2) Priority.--The Administrator shall prioritize awarding
grants under this section to eligible entities based on the
following:
(A) The degree to which the proposed use of the grant
will--
(i) reduce greenhouse gas emissions;
(ii) reduce emissions of any criteria pollutant and
precursor thereof;
(iii) reduce hazardous air pollutant emissions; and
(iv) reduce public health disparities in communities that
receive a disproportionate quantity of air pollution from a
port.
(B) The amount of matching, non-Federal funds expected to
be used by an applicant to purchase, and as applicable
install, zero emissions port equipment and technology.
(C) Whether the applicant will use such grant to purchase,
and as applicable install, zero emissions port equipment and
technology that is produced in the United States.
(D) As applicable, whether the applicant will meet the
utilization requirements for registered apprentices
established by the Secretary of Labor or a State
Apprenticeship Agency.
(E) As applicable, whether the applicant will recruit and
retain skilled workers through a State-approved joint labor
management apprenticeship program.
(e) Outreach.--
(1) In general.--Not later than 90 days after funds are
made available to carry out this section, the Administrator
shall develop and carry out an educational outreach program
to promote and explain the grant program established under
subsection (a) to prospective grant recipients.
(2) Program components.--In carrying out the outreach
program developed under paragraph (1), the Administrator
shall--
(A) inform prospective grant recipients how to apply for a
grant awarded under this section;
(B) describe to prospective grant recipients the benefits
of available zero emissions port equipment and technology;
(C) explain to prospective grant recipients the benefits of
participating in the grant program established under this
section; and
(D) facilitate the sharing of best practices and lessons
learned between grant recipients and prospective grant
recipients with respect to how to apply for and use grants
awarded under this section.
(f) Reports.--
(1) Report to administrator.--Not later than 90 days after
the date on which an eligible entity uses a grant awarded
under this section, such eligible entity shall submit to the
Administrator a report containing such information as the
Administrator shall require.
(2) Annual report to congress.--Not later than January 31,
2021, and annually thereafter, the Administrator shall submit
to Congress and make available on the website of the
Environmental Protection Agency a report that includes, with
respect to each grant awarded under this section during the
preceding calendar year--
(A) the name and location of the eligible entity that was
awarded such grant;
(B) the amount of such grant that the eligible entity was
awarded;
(C) the name and location of the port where the zero
emissions port equipment and technology that was purchased,
and as applicable installed, with such grant is used;
(D) an estimate of the impact of such zero emissions port
equipment and technology on reducing--
(i) greenhouse gas emissions;
(ii) emissions of criteria pollutants and precursors
thereof;
(iii) hazardous air pollutant emissions; and
(iv) public health disparities; and
(E) any other information the Administrator determines
necessary to understand the impact of grants awarded under
this section.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $1,000,000,000 for each of fiscal
years 2021 through 2030.
(2) Nonattainment areas.--To the extent practicable, at
least 25 percent of amounts made available to carry out this
section in each fiscal year shall be used to award grants to
eligible entities to provide zero emissions port equipment
and technology to ports that are in nonattainment areas.
(h) Definitions.--In this section:
(1) Active duty.-- The term ``active duty'' has the meaning
given such term in section 101 of title 10, United States
Code.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Alternative emissions control technology.--The term
``alternative emissions control technology'' means a
technology, technique, or measure that--
(A) captures the emissions of nitrogen oxide, particulate
matter, reactive organic compounds, and greenhouse gases from
the auxiliary engine and auxiliary boiler of an ocean-going
vessel at berth;
(B) is verified or approved by a State or Federal air
quality regulatory agency;
(C) the use of which achieves at least the equivalent
reduction of emissions as the use of shore power for an
ocean-going vessel at berth;
(D) the use of which results in reducing emissions of the
auxiliary engine of an ocean-going vessel at berth to a rate
of less than--
(i) 2.8 g/kW-hr for nitrogen oxide;
(ii) 0.03 g/kW-hr for particulate matter 2.5; and
(iii) 0.1 g/kW-hr for reactive organic compounds; and
(E) reduces the emissions of the auxiliary engine and
boiler of an ocean-going vessel at berth by at least 80
percent of the default emissions rate, which is 13.8 g.
(4) Criteria pollutant.--The term ``criteria pollutant''
means each of the following:
(A) Ground-level ozone.
(B) Particulate matter.
(C) Carbon monoxide.
(D) Lead.
(E) Sulfur dioxide.
(F) Nitrogen dioxide.
(5) Distributed energy resource.--
(A) In general.--The term ``distributed energy resource''
means an energy resource that--
(i) is located on or near a customer site;
(ii) is operated on the customer side of the electric
meter; and
(iii) is interconnected with the electric grid.
(B) Inclusions.--The term ``distributed energy resource''
includes--
(i) clean electric generation;
(ii) customer electric efficiency measures;
(iii) electric demand flexibility; and
(iv) energy storage.
(6) Eligible entity.--The term ``eligible entity'' means--
(A) a port authority;
(B) a State, regional, local, or Tribal agency that has
jurisdiction over a port authority or a port;
(C) an air pollution control district or air quality
management district; or
(D) a private or nonprofit entity, applying for a grant
awarded under this section in collaboration with another
entity described in subparagraphs (A) through (C), that owns
or uses cargo or transportation equipment at a port.
(7) Energy storage system.--The term ``energy storage
system'' means a system, equipment, facility, or technology
that--
(A) is capable of absorbing energy, storing energy for a
period of time, and dispatching the stored energy; and
(B) uses a mechanical, electrical, chemical,
electrochemical, or thermal process to store energy that--
(i) was generated at an earlier time for use at a later
time; or
(ii) was generated from a mechanical process, and would
otherwise be wasted, for delivery at a later time.
(8) Fully automated cargo handling equipment.--The term
``fully automated cargo handling equipment'' means cargo
handling equipment that--
(A) is remotely operated or remotely monitored; and
(B) with respect to the use of such equipment, does not
require the exercise of human intervention or control.
(9) Nonattainment area.--The term ``nonattainment area''
has the meaning given such term in section 171 of the Clean
Air Act (42 U.S.C. 7501).
(10) Port.--The term ``port'' includes a maritime port and
an inland port.
(11) Port authority.--The term ``port authority'' means a
governmental or quasi-governmental authority formed by a
legislative body to operate a port.
(12) Project labor agreement.--The term ``project labor
agreement'' means a pre-hire collective bargaining agreement
with one or more labor organization that establishes the
terms and conditions of employment for a specific
construction project and is described in section 8(f) of the
National Labor Relations Act (29 U.S.C. 158(f)).
(13) Registered apprentice.--The term ``registered
apprentice'' means a person who is participating in a
registered apprenticeship program.
(14) Registered apprenticeship program.--The term
``registered apprenticeship program'' means a program
registered pursuant to the Act of August 16, 1937 (commonly
known as the ``National Apprenticeship Act''; 50 Stat. 664,
chapter 663; 29 U.S.C. 50 et seq.).
(15) Shore power.--The term ``shore power'' means the
provision of shoreside electrical power to a ship at berth
that has shut down main and auxiliary engines.
(16) State apprenticeship agency.--The term ``State
Apprenticeship Agency'' has the meaning given such term in
section 29.2 of
[[Page H4914]]
title 29, Code of Federal Regulations (as in effect on
January 1, 2020).
(17) Zero emissions port equipment and technology.--
(A) In general.--The term ``zero emissions port equipment
and technology'' means equipment and technology, including
the equipment and technology described in subparagraph (B),
that--
(i) is used at a port; and
(ii) (I) produces zero exhaust emissions of--
(aa) any criteria pollutant and precursor thereof; and
(bb) any greenhouse gas, other than water vapor; or
(II) captures 100 percent of the exhaust emissions produced
by an ocean-going vessel at berth.
(B) Equipment and technology described.--The equipment and
technology described in this subparagraph is the following:
(i) Any equipment that handles cargo.
(ii) A drayage truck that transports cargo.
(iii) A train that transports cargo.
(iv) Port harbor craft.
(v) A distributed energy resource.
(vi) An energy storage system.
(vii) Electrical charging infrastructure.
(viii) Shore power or an alternative emissions control
technology.
(ix) An electric transport refrigeration unit.
amendment no. 3 offered by ms. barragan of california
Page 784, line 22, strike ``$10,000,000'' and insert
``$50,000,000''.
amendment no. 4 offered by ms. barragan of california
Page 131, line 12, strike ``$310,000,000'' and insert
``$410,000,000''.
Page 131, line 13, strike ``$330,000,000'' and insert
``$430,000,000''.
Page 131, line 14, strike ``$350,000,000'' and insert
``$450,000,000''.
Page 131, line 15, strike ``$350,000,000'' and insert
``$450,000,000''.
Page 131, line 16, strike ``$350,000,000'' and insert
``$450,000,000''.
amendment no. 5 offered by ms. barragan of california
Page 745, after line 15, insert the following:
(29) Climate justice.--The term ``climate justice'' means
the fair treatment and meaningful involvement of all
individuals, regardless of race, color, culture, national
origin, educational level, or income, with respect to the
development, implementation, and enforcement of policies and
projects that address climate change, a recognition of the
historical responsibilities for climate change, and a
commitment that the people and communities least responsible
for climate change, and most vulnerable to the impacts of
climate change, do not suffer disproportionately as a result
of historical injustice and disinvestment.
(30) Natural infrastructure.--The term ``natural
infrastructure'' means infrastructure that uses, restores, or
emulates natural ecological processes and--
(A) is created through the action of natural physical,
geological, biological, and chemical processes over time;
(B) is created by human design, engineering, and
construction to emulate or act in concert with natural
processes; or
(C) involves the use of plants, soils, and other natural
features, including through the creation, restoration, or
preservation of vegetated areas using materials appropriate
to the region to manage stormwater and runoff, to attenuate
flooding and storm surges, and for other related purposes.
Page 812, after line 17, insert the following:
SEC. 11017. CLIMATE JUSTICE GRANT PROGRAM.
(a) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
eligible entities to assist the eligible entities in--
(1) building capacity to address issues relating to climate
justice; and
(2) carrying out any activity described in subsection (d).
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an eligible entity shall be a tribal
government, local government, or nonprofit, community-based
organization.
(c) Application.--To be eligible to receive a grant under
subsection (a), an eligible entity shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require, including--
(1) an outline describing the means by which the project
proposed by the eligible entity will--
(A) with respect to climate justice issues at the local
level, increase the understanding of the environmental
justice community at which the eligible entity will conduct
the project;
(B) improve the ability of the environmental justice
community to address each issue described in subparagraph
(A);
(C) facilitate collaboration and cooperation among various
stakeholders (including members of the environmental justice
community); and
(D) support the ability of the environmental justice
community to proactively plan and implement climate justice
initiatives,
(2) a proposed budget for each activity of the project that
is the subject of the application;
(3) a list of proposed outcomes with respect to the
proposed project;
(4) a description of the ways by which the eligible entity
may leverage the funds of the eligible entity, or the funds
made available through a grant under this subsection, to
develop a project that is capable of being sustained beyond
the period of the grant; and
(5) a description of the ways by which the eligible entity
is linked to, and representative of, the environmental
justice community at which the eligible entity will conduct
the project.
(d) Use of Funds.--An eligible entity may only use a grant
under this subsection to carry out culturally and
linguistically appropriate projects and activities that are
driven by the needs, opportunities, and priorities of the
environmental justice community at which the eligible entity
proposes to conduct the project or activity to address
climate justice concerns of the environmental justice
community, including activities--
(1) to create or develop collaborative partnerships;
(2) to educate and provide outreach services to the
environmental justice community on climate justice;
(3) to identify and implement projects to address climate
justice concerns, including community solar and wind energy
projects, energy efficiency, home and building
electrification, home and building weatherization, energy
storage, solar and wind energy supported microgrids, battery
electric vehicles, electric vehicle charging infrastructure,
natural infrastructure, and climate resilient infrastructure.
(e) Limitations on Amount.--The amount of a grant under
this section may not exceed $2,000,000 for any grant
recipient.
(f) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Administrator shall submit to the Committees on Energy and
Commerce and Natural Resources of the House of
Representatives and the Committees on Environment and Public
Works and Energy and Natural Resources of the Senate a report
describing the ways by which the grant program under this
subsection has helped eligible entities address issues
relating to energy and climate justice.
(2) Public availability.--The Administrator shall make each
report required under paragraph (1) available to the public
(including by posting a copy of the report on the website of
the Environmental Protection Agency).
(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this subsection
$1,000,000,000 for each of fiscal years 2021 through 2025.
The Administrator may not use more than 2 percent of the
amount appropriated for each fiscal year for administrative
expenses, including outreach and technical assistance to
eligible entities.
amendment no. 6 offered by ms. barragan of california
Page 222, line 14, strike ``$200,000,000'' and insert
``$250,000,000''.
amendment no. 7 offered by ms. blunt rochester of delaware
Add at the end of title XII the following:
Subtitle G--Open Back Better
SEC. 12701. FACILITIES ENERGY RESILIENCY.
(a) Definitions.--In this section:
(1) Covered project.--The term ``covered project'' means a
building project at an eligible facility that--
(A) increases--
(i) resiliency, including--
(I) public health and safety;
(II) power outages;
(III) natural disasters;
(IV) indoor air quality; and
(V) any modifications necessitated by the COVID-19
pandemic;
(ii) energy efficiency;
(iii) renewable energy; and
(iv) grid integration; and
(B) may have combined heat and power and energy storage as
project components.
(2) Early childhood education program.--The term ``early
childhood education program'' has the meaning given the term
in section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003).
(3) Elementary school.--The term ``elementary school'' has
the meaning given the term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(4) Eligible facility.--The term ``eligible facility''
means a public facility, as determined by the Secretary,
including--
(A) a public school, including an elementary school and a
secondary school;
(B) a facility used to operate an early childhood education
program;
(C) a local educational agency;
(D) a medical facility;
(E) a local or State government building;
(F) a community facility;
(G) a public safety facility;
(H) a day care center;
(I) an institution of higher education;
(J) a public library; and
(K) a wastewater treatment facility.
(5) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low
income communities, or Tribal and indigenous communities,
that experiences, or is at risk of experiencing, higher or
more adverse human health or environmental effects.
(6) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
[[Page H4915]]
(7) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(8) Low income.--The term ``low income'', with respect to a
household, means an annual household income equal to, or less
than, the greater of--
(A) 80 percent of the median income of the area in which
the household is located, as reported by the Department of
Housing and Urban Development; and
(B) 200 percent of the Federal poverty line.
(9) Low income community.--The term ``low income
community'' means a census block group in which not less than
30 percent of households are low income.
(10) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(11) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(12) State.--The term ``State'' has the meaning given the
term in section 3 of the Energy Policy and Conservation Act
(42 U.S.C. 6202).
(13) State energy program.--The term ``State Energy
Program'' means the State Energy Program established under
part D of title III of the Energy Policy and Conservation Act
(42 U.S.C. 6321 et seq.).
(14) Tribal organization.--
(A) In general.--The term ``tribal organization'' has the
meaning given the term in section 3765 of title 38, United
States Code.
(B) Technical amendment.--Section 3765(4) of title 38,
United States Code, is amended by striking ``section 4(l) of
the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b(l))'' and inserting ``section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304)''.
(b) State Programs.--
(1) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall distribute
grants to States under the State Energy Program, in
accordance with the allocation formula established under that
Program, to implement covered projects.
(2) Use of funds.--
(A) In general.--Subject to subparagraph (B), grant funds
under paragraph (1) may be used for technical assistance,
project facilitation, and administration.
(B) Technical assistance.--A State may use not more than 10
percent of grant funds received under paragraph (1) to
provide technical assistance for the development,
facilitation, management, oversight, and measurement of
results of covered projects implemented using those funds.
(C) Environmental justice and other communities.--To
support communities adversely impacted by the COVID-19
pandemic, a State shall use not less than 40 percent of grant
funds received under paragraph (1) to implement covered
projects in environmental justice communities or low income
communities.
(D) Private financing.--A State receiving a grant under
paragraph (1) shall--
(i) to the extent practicable, leverage private financing
for cost-effective energy efficiency, renewable energy,
resiliency, and other smart-building improvements, such as by
entering into an energy service performance contract; but
(ii) maintain the use of grant funds to carry out covered
projects with more project resiliency, public health, and
capital-intensive efficiency and emission reduction
components than are typically available through private
energy service performance contracts.
(E) Guidance.--In carrying out a covered project using
grant funds received under paragraph (1), a State shall, to
the extent practicable, adhere to guidance developed by the
Secretary pursuant to the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5; 123 Stat. 115) relating to
distribution of funds, if that guidance will speed the
distribution of funds under this subsection.
(3) No matching requirement.--Notwithstanding any other
provision of law, a State receiving a grant under paragraph
(1) shall not be required to provide any amount of matching
funding.
(4) Report.--Not later than 1 year after the date on which
grants are distributed under paragraph (1), and each year
thereafter until the funds appropriated under paragraph (5)
are no longer available, the Secretary shall submit a report
on the use of those funds (including in the communities
described in paragraph (2)(C)) to--
(A) the Subcommittee on Energy and Water Development of the
Committee on Appropriations of the Senate;
(B) the Subcommittee on Energy and Water Development and
Related Agencies of the Committee on Appropriations of the
House of Representatives;
(C) the Committee on Energy and Natural Resources of the
Senate;
(D) the Committee on Energy and Commerce of the House of
Representatives; and
(E) the Committee on Education and Labor of the House of
Representatives.
(5) Funding.--In addition to any amounts made available to
the Secretary to carry out the State Energy Program, there is
authorized to be appropriated to the Secretary
$18,000,000,000 to carry out this subsection, to remain
available until September 30, 2025.
(6) Supplement, not supplant.--Funds made available under
paragraph (5) shall supplement, not supplant, any other funds
made available to States for the State Energy Program or the
weatherization assistance program established under part A of
title IV of the Energy Conservation and Production Act (42
U.S.C. 6861 et seq.).
(c) Federal Energy Management Program.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall use the funds
appropriated under paragraph (4) to provide grants under the
AFFECT program under the Federal Energy Management Program of
the Department of Energy to implement covered projects.
(2) Private financing.--A recipient of a grant under
paragraph (1) shall--
(A) to the extent practicable, leverage private financing
for cost-effective energy efficiency, renewable energy,
resiliency, and other smart-building improvements, such as by
entering into an energy service performance contract; but
(B) maintain the use of grant funds to carry out covered
projects with more project resiliency, public health, and
capital-intensive efficiency and emission reduction
components than are typically available through private
energy service performance contracts.
(3) Report.--Not later than 1 year after the date on which
grants are distributed under paragraph (1), and each year
thereafter until the funds appropriated under paragraph (4)
are no longer available, the Secretary shall submit a report
on the use of those funds to--
(A) the Subcommittee on Energy and Water Development of the
Committee on Appropriations of the Senate;
(B) the Subcommittee on Energy and Water Development and
Related Agencies of the Committee on Appropriations of the
House of Representatives;
(C) the Committee on Energy and Natural Resources of the
Senate;
(D) the Committee on Energy and Commerce of the House of
Representatives; and
(E) the Committee on Education and Labor of the House of
Representatives.
(4) Funding.--In addition to any amounts made available to
the Secretary to carry out the AFFECT program described in
paragraph (1), there is authorized to be appropriated to the
Secretary $500,000,000 to carry out this subsection, to
remain available until September 30, 2025.
(d) Tribal Organizations.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary, acting through the head
of the Office of Indian Energy, shall distribute funds made
available under paragraph (3) to tribal organizations to
implement covered projects.
(2) Report.--Not later than 1 year after the date on which
funds are distributed under paragraph (1), and each year
thereafter until the funds made available under paragraph (3)
are no longer available, the Secretary shall submit a report
on the use of those funds to--
(A) the Subcommittee on Energy and Water Development of the
Committee on Appropriations of the Senate;
(B) the Subcommittee on Energy and Water Development and
Related Agencies of the Committee on Appropriations of the
House of Representatives;
(C) the Committee on Energy and Natural Resources of the
Senate;
(D) the Committee on Energy and Commerce of the House of
Representatives; and
(E) the Committee on Education and Labor of the House of
Representatives.
(3) Funding.--There is authorized to be appropriated to the
Secretary $1,500,000,000 to carry out this subsection, to
remain available until September 30, 2025.
(e) Use of American Iron, Steel, and Manufactured Goods.--
(1) In general.--Except as provided in paragraph (2), none
of the funds made available by or pursuant to this section
may be used for a covered project unless all of the iron,
steel, and manufactured goods used in the project are
produced in the United States.
(2) Exceptions.--The requirement under paragraph (1) shall
be waived by the head of the relevant Federal department or
agency in any case or category of cases in which the head of
the relevant Federal department or agency determines that--
(A) adhering to that requirement would be inconsistent with
the public interest;
(B) the iron, steel, and manufactured goods needed for the
project are not produced in the United States--
(i) in sufficient and reasonably available quantities; and
(ii) in a satisfactory quality; or
(C) the inclusion of iron, steel, and relevant manufactured
goods produced in the United States would increase the
overall cost of the project by more than 25 percent.
(3) Waiver publication.--If the head of a Federal
department or agency makes a determination under paragraph
(2) to waive the requirement under paragraph (1), the head of
the Federal department or agency shall publish in the Federal
Register a detailed justification for the waiver.
(4) International agreements.--This subsection shall be
applied in a manner consistent with the obligations of the
United States under all applicable international agreements.
(f) Wage Rate Requirements.--
[[Page H4916]]
(1) In general.--Notwithstanding any other provision of
law, all laborers and mechanics employed by contractors and
subcontractors on projects funded directly or assisted in
whole or in part by the Federal Government pursuant to this
section shall be paid wages at rates not less than those
prevailing on projects of a similar character in the
locality, as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of title 40,
United States Code (commonly known as the ``Davis-Bacon
Act'').
(2) Authority.--With respect to the labor standards
specified in paragraph (1), the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and
section 3145 of title 40, United States Code.
SEC. 12702. PERSONNEL.
(a) In General.--To carry out section 12701, the Secretary
of Energy shall hire within the Department of Energy--
(1) not less than 300 full-time employees in the Office of
Energy Efficiency and Renewable Energy;
(2) not less than 100 full-time employees, to be
distributed among--
(A) the Office of General Counsel;
(B) the Office of Procurement Policy;
(C) the Golden Field Office;
(D) the National Energy Technology Laboratory; and
(E) the Office of the Inspector General; and
(3) not less than 20 full-time employees in the Office of
Indian Energy.
(b) Timeline.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall--
(1) hire all personnel under subsection (a); or
(2) certify that the Secretary is unable to hire all
personnel by the date required under this subsection.
(c) Contract Hires.--
(1) In general.--If the Secretary makes a certification
under subsection (b)(2), the Secretary may hire on a contract
basis not more than 50 percent of the personnel required to
be hired under subsection (a).
(2) Duration.--An individual hired on a contract basis
under paragraph (1) shall have an employment term of not more
than 1 year.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$84,000,000 for each of fiscal years 2021 through 2031.
(e) Report.--Not later than 60 days after the date of
enactment of this Act, and annually thereafter for 2 years,
the Secretary shall submit a report on progress made in
carrying out subsection (a) to--
(1) the Subcommittee on Energy and Water Development of the
Committee on Appropriations of the Senate;
(2) the Subcommittee on Energy and Water Development and
Related Agencies of the Committee on Appropriations of the
House of Representatives;
(3) the Committee on Energy and Natural Resources of the
Senate;
(4) the Committee on Energy and Commerce of the House of
Representatives; and
(5) the Committee on Education and Labor of the House of
Representatives.
amendment no. 8 offered by mr. brown of maryland
Page 2, after the item relating to section 1602, insert the
following:
Sec. 1603. Prohibition on category 1 respiratory sensitizers.
At the end of subtitle F of title I, insert the following:
SEC. 1603. PROHIBITION ON CATEGORY 1 RESPIRATORY SENSITIZERS.
Thermal insulating materials for building elements
including walls, floors, ceilings, attics and roofs
insulation, used for ``Low Income Home Energy Assistance''
and ``Weatherization Assistance Program'' shall not contain
any substance that is a Category 1 respiratory sensitizer as
defined in Appendix A to section 1910.1200 of title 29, Code
of Federal Regulations, (specifically, Appendix A.4,
``Respiratory or Skin Sensitization''), if such substance was
intentionally added or is present at greater than 0.1 percent
(1000 ppm) by weight in the product.
amendment no. 9 offered by mr. burgess of texas
Add at the end of subtitle F of title XII the following:
SEC. 12607. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall not
take effect until the date on which the Secretary of Energy
submits to Congress a certification that implementation of
this Act, and the amendments made by this Act, will not
reduce the energy security or energy independence of the
United States.
amendment no. 10 offered by mr. burgess of texas
Add at the end of subtitle F of title XII the following:
SEC. 12607. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall not
take effect until the date on which the Secretary of Energy
submits to Congress a certification that implementation of
this Act, and the amendments made by this Act, will not
increase electric rates or gasoline prices outside of normal
market factors.
amendment no. 11 offered by mr. burgess of texas
At the end of subtitle F of title XII, add the following:
SEC. 12____. REPORT ON MINING OF CRITICAL MINERALS USING
FORCED LABOR IN FOREIGN COUNTRIES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Interior, in consultation with
the Commissioner of U.S. Customs and Border Protection and
the Secretary of State, shall submit to the Congress a report
evaluating the use of child labor, slavery, or human
trafficking to mine or otherwise obtain one or more of the
minerals listed in the Notice of the Department of the
Interior entitled ``Final List of Critical Minerals 2018''
(83 Fed. Reg. 23295), or in any successor notice updating
such Final List, for export to the United States.
amendment no. 16 offered by ms. clarke of new york
At the end of title VI, add the following:
Subtitle G--Clean Refrigerated Vehicles Program
SEC. 6701. PILOT PROGRAM FOR THE ELECTRIFICATION OF CERTAIN
REFRIGERATED VEHICLES.
(a) Establishment of Pilot Program.--The Administrator
shall establish and carry out a pilot program to award funds,
in the form of grants, rebates, and low-cost revolving loans,
as determined appropriate by the Administrator, on a
competitive basis, to eligible entities to carry out projects
described in subsection (b).
(b) Projects.--An eligible entity receiving an award of
funds under subsection (a) may use such funds only for one or
more of the following projects:
(1) Transport refrigeration unit replacement.--A project to
retrofit a heavy-duty vehicle by replacing or retrofitting
the existing diesel-powered transport refrigeration unit in
such vehicle with an electric transport refrigeration unit
and retiring the replaced unit for scrappage.
(2) Shore power infrastructure.--A project to purchase and
install shore power infrastructure or other equipment that
enables transport refrigeration units to connect to electric
power and operate without using diesel fuel.
(c) Maximum Amounts.--The amount of an award of funds under
subsection (a) shall not exceed--
(1) for the costs of a project described in subsection
(b)(1), 75 percent of such costs; and
(2) for the costs of a project described in subsection
(b)(2), 55 percent of such costs.
(d) Applications.--To be eligible to receive an award of
funds under subsection (a), an eligible entity shall submit
to the Administrator--
(1) a description of the air quality in the area served by
the eligible entity, including a description of how the air
quality is affected by diesel emissions from heavy-duty
vehicles;
(2) a description of the project proposed by the eligible
entity, including--
(A) any technology to be used or funded by the eligible
entity; and
(B) a description of the heavy-duty vehicle or vehicles of
the eligible entity, that will be retrofitted, if any,
including--
(i) the number of such vehicles;
(ii) the uses of such vehicles;
(iii) the locations where such vehicles dock for the
purpose of loading or unloading; and
(iv) the routes driven by such vehicles, including the
times at which such vehicles are driven;
(3) an estimate of the cost of the proposed project;
(4) a description of the age and expected lifetime control
of the equipment used or funded by the eligible entity; and
(5) provisions for the monitoring and verification of the
project including to verify scrappage of replaced units.
(e) Priority.--In awarding funds under subsection (a), the
Administrator shall give priority to proposed projects that,
as determined by the Administrator--
(1) maximize public health benefits;
(2) are the most cost-effective; and
(3) will serve the communities that are most polluted by
diesel motor emissions, including communities that the
Administrator identifies as being in either nonattainment or
maintenance of the national ambient air quality standards for
a criteria pollutant, particularly for--
(A) ozone; and
(B) particulate matter.
(f) Data Release.--Not later than 120 days after the date
on which an award of funds is made under this section, the
Administrator shall publish on the website of the
Environmental Protection Agency, on a downloadable electronic
database, information with respect to such award of funds,
including--
(1) the name and location of the recipient;
(2) the total amount of funds awarded;
(3) the intended use or uses of the awarded funds;
(4) the date on which the award of funds was approved;
(5) where applicable, an estimate of any air pollution or
greenhouse gas emissions avoided as a result of the project
funded by the award; and
(6) any other data the Administrator determines to be
necessary for an evaluation of the use and effect of awarded
funds provided under this section.
(g) Reports to Congress.--
[[Page H4917]]
(1) Annual report to congress.--Not later than 1 year after
the date of the establishment of the pilot program under this
section, and annually thereafter until amounts made available
to carry out this section are expended, the Administrator
shall submit to Congress and make available to the public a
report that describes, with respect to the applicable year--
(A) the number of applications for awards of funds received
under such program;
(B) all awards of funds made under such program, including
a summary of the data described in subsection (f);
(C) the estimated reduction of annual emissions of air
pollutants regulated under section 109 of the Clean Air Act
(42 U.S.C. 7409), and the estimated reduction of greenhouse
gas emissions, associated with the awards of funds made under
such program;
(D) the number of awards of funds made under such program
for projects in communities described in subsection (e)(3);
and
(E) any other data the Administrator determines to be
necessary to describe the implementation, outcomes, or
effectiveness of such program.
(2) Final report.--Not later than 1 year after amounts made
available to carry out this section are expended, or 5 years
after the pilot program is established, whichever comes
first, the Administrator shall submit to Congress and make
available to the public a report that describes--
(A) all of the information collected for the annual reports
under paragraph (1);
(B) any benefits to the environment or human health that
could result from the widespread application of electric
transport refrigeration units for short-haul transportation
and delivery of perishable goods or other goods requiring
climate-controlled conditions, including in low-income
communities and communities of color;
(C) any challenges or benefits that recipients of awards of
funds under such program reported with respect to the
integration or use of electric transport refrigeration units
and associated technologies;
(D) an assessment of the national market potential for
electric transport refrigeration units;
(E) an assessment of challenges and opportunities for
widespread deployment of electric transport refrigeration
units, including in urban areas; and
(F) recommendations for how future Federal, State, and
local programs can best support the adoption and widespread
deployment of electric transport refrigeration units.
(h) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Diesel-powered transport refrigeration unit.--The term
``diesel-powered transport refrigeration unit'' means a
transport refrigeration unit that is powered by an
independent diesel internal combustion engine.
(3) Electric transport refrigeration unit.--The term
``electric transport refrigeration unit'' means a transport
refrigeration unit in which the refrigeration or climate-
control system is driven by an electric motor when connected
to shore power infrastructure or other equipment that enables
transport refrigeration units to connect to electric power,
including all-electric transport refrigeration units, hybrid
electric transport refrigeration units, and standby electric
transport refrigeration units.
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a regional, State, local, or Tribal agency, or port
authority, with jurisdiction over transportation or air
quality;
(B) a nonprofit organization or institution that--
(i) represents or provides pollution reduction or
educational services to persons or organizations that own or
operate heavy-duty vehicles or fleets of heavy-duty vehicles;
or
(ii) has, as its principal purpose, the promotion of air
quality;
(C) an individual or entity that is the owner of record of
a heavy-duty vehicle or a fleet of heavy-duty vehicles that
operates for the transportation and delivery of perishable
goods or other goods requiring climate-controlled conditions;
(D) an individual or entity that is the owner of record of
a facility that operates as a warehouse or storage facility
for perishable goods or other goods requiring climate-
controlled conditions; or
(E) a hospital or public health institution that utilizes
refrigeration for storage of perishable goods or other goods
requiring climate-controlled conditions.
(5) Heavy-duty vehicle.--The term ``heavy-duty vehicle''
means--
(A) a commercial truck or van--
(i) used for the primary purpose of transporting perishable
goods or other goods requiring climate-controlled conditions;
and
(ii) with a gross vehicle weight rating greater than 6,000
pounds; or
(B) an insulated cargo trailer used in transporting
perishable goods or other goods requiring climate-controlled
conditions when mounted on a semitrailer.
(6) Shore power infrastructure.--The term ``shore power
infrastructure'' means electrical infrastructure that
provides power to the electric transport refrigeration unit
of a heavy-duty vehicle when such vehicle is stationary on a
property where such vehicle is parked or loaded, including a
food distribution center or other location where heavy-duty
vehicles congregate.
(7) Transport refrigeration unit.--The term ``transport
refrigeration unit'' means a climate-control system installed
on a heavy-duty vehicle for the purpose of maintaining the
quality of perishable goods or other goods requiring climate-
controlled conditions.
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, to remain available until
expended.
(2) Administrative expenses.--The Administrator may use not
more than 1 percent of amounts made available pursuant to
paragraph (1) for administrative expenses to carry out this
section.
amendment no 17 offered by mr. cleaver of missouri
At the end of subtitle F of title XII, add the following:
SEC. 12607. TREE PLANTING GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible cost.--The term ``eligible cost'' means, with
respect to a project--
(A) the cost of implementing the project, including--
(i) planning and designing the planting activity;
(ii) purchasing trees; and
(iii) preparing the site and conducting planting, including
the labor and cost associated with the use of machinery;
(B) the cost of maintaining and monitoring planted trees
for a period of up to 3 years to ensure successful
establishment of the trees;
(C) the cost of training activities associated with the
project; and
(D) any other relevant cost, as determined by the
Secretary.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State agency;
(B) a local governmental entity;
(C) an Indian Tribe;
(D) a nonprofit organization; and
(E) a retail power provider.
(3) Energy burden.--The term ``energy burden'' means the
percentage of household income spent on home energy bills.
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(5) Local governmental entity.--The term ``local
governmental entity'' means any municipal government or
county government with jurisdiction over local land use
decisions.
(6) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that--
(A) is described in section 170(h)(3) of the Internal
Revenue Code of 1986; and
(B) operates in accordance with 1 or more of the purposes
described in section 170(h)(4)(A) of that Code.
(7) Program.--The term ``Program'' means the grant program
established under subsection (b)(1).
(8) Project.--The term ``project'' means a tree planting
project carried out by an eligible entity using grant funds
awarded under the Program.
(9) Retail power provider.--The term ``retail power
provider'' means any entity authorized under applicable State
or Federal law to generate, distribute, or provide retail
electricity, natural gas, or fuel oil service.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Establishment.--
(1) In general.--The Secretary, in coordination with the
Secretary of Agriculture, acting through the Chief of the
Forest Service, shall establish a program under which the
Secretary shall award grants to eligible entities to conduct
tree planting projects in accordance with this section.
(2) Tree planting.--Subject to the availability of
appropriations, in carrying out the Program, the Secretary
shall, to the maximum extent practicable, award sufficient
grants each year to plant not less than 300,000 trees each
year.
(c) Applications.--
(1) In general.--An eligible entity that seeks to receive a
grant under the Program shall submit an application to the
Secretary at such time, in such form, and containing such
information as the Secretary may require, including the
information described in paragraph (2).
(2) Contents.--An application submitted under paragraph (1)
shall include--
(A) a description of how the project will reduce
residential energy consumption;
(B) an estimate of the expected reduction in residential
energy consumption;
(C) a description of the total eligible costs of the
project and sources of funding for the project;
(D) a description of the anticipated community and
stakeholder engagement in the project;
(E) a description of the tree species to be planted and how
that species is suitable for the local environmental
conditions and climate; and
(F) any other relevant information required by the
Secretary.
(d) Priority.--In awarding grants under the Program, the
Secretary shall give priority to projects that--
(1) provide the largest potential reduction in residential
energy consumption for households with a high energy burden;
(2) are located in a neighborhood with lower tree canopy
cover and higher maximum daytime summer temperatures;
[[Page H4918]]
(3) are located in a neighborhood with high amounts of
senior citizens or children;
(4) will collaboratively engage neighbors and community
members that will be closely affected by the tree planting;
and
(5) will employ a substantial percentage of the workforce
locally, with a focus on engaging unemployed and
underemployed persons.
(e) Costs.--
(1) Federal share.--The Secretary shall award a grant to an
eligible entity under the Program in an amount equal to not
more than 75 percent of the eligible costs of the project, as
determined by the Secretary.
(2) Matching requirement.--As a condition of receiving a
grant under the Program, an eligible entity shall provide, in
cash or through in-kind contributions from non-Federal
sources, matching funds in an amount equal to not less than
25 percent of the eligible costs of the project, as
determined by the Secretary.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to carry out the Program $50,000,000 for
each of fiscal years 2021 through 2025.
amendment no. 19 offered by ms. degette of colorado
Add at the end of title XI the following:
SEC. 11017. ENVIRONMENTAL JUSTICE FOR COMMUNITIES
OVERBURDENED BY ENVIRONMENTAL VIOLATIONS.
(a) Identification of Communities.--Not later than 180 days
after the date of enactment of this section, the
Administrator shall, in consultation with the Advisory
Council and co-regulators in State and local agencies,
identify at least 100 communities--
(1) that are environmental justice communities; and
(2) in which there have been over the previous 5 years a
number of violations of environmental law that the
Administrator determines to be greater than the national
average of such violations.
(b) Analysis and Recommendations.--Not later than 1 year
after the enactment of this section, with respect to each
community identified under subsection (a), and in
consultation with the Advisory Council, the Administrator
shall--
(1) undertake an analysis of the conditions which have led
to the number of violations identified under subsection
(a)(1), including through community-based science implemented
through engagement with the residents of each such community;
(2) identify the root cause of the number of violations
described under subsection (a)(1); and
(3) recommend measures that the Administrator shall take,
in coordination with co-regulators in State and local
agencies, to reduce the number of violations of environmental
law to a number that the Administrator determines to be
significantly below the national average.
(c) Implementation.--Not later than 2 years after the date
of enactment of this section, the Administrator shall
complete the implementation of the measures identified under
subsection (b)(3).
amendment no. 20 offered by mr. delgado of new york
At the end of part 2 of subtitle A of title XII, add the
following:
(h) Monitoring.--The Secretary of Labor, in consultation
with the Secretary of Energy, shall collect data to monitor
current and future trends and shortages within the clean
energy technology industry, which includes skilled technical
personnel, electric power engineers, transmission engineers,
and other occupations or fields of work under--
(1) the agriculture and forestry industry;
(2) the electric utility industry;
(3) the manufacturing industry;
(4) the wholesale trade industry;
(5) the professional and business services industry; and
(6) the manufacturing and operation and maintenance
industries for component parts of clean energy technologies.
(i) Report on Current Trends and Shortages.--Not later than
120 days after the date of enactment of this Act, and on a
quarterly basis thereafter, the Secretary shall submit to
Congress, based on the data collected under subsection (h), a
report on--
(1) trends and shortages as of the date of such report, and
recommendations to prepare the workforce to address such
trends and shortages to meet the demands of a clean energy
economy; and
(2) other recommendations the Secretary determines
appropriate.
(j) Report on Future Trends and Shortages.--Not later than
1 year after the date of enactment of this Act, the Secretary
shall submit to Congress, based on the data collected under
subsection (h), a report on--
(1) trends and shortages projected in the next 10 years,
and recommendations to address such trends and shortages to
prepare the workforce to meet the demands of a clean energy
economy; and
(2) other recommendations the Secretary determines
appropriate.
amendment no. 21 offered by mr. desaulnier of california
Page 830, after line 5, insert the following:
SEC. 12114. RENEWABLE ENERGY TRANSITION GRANT PROGRAM.
(a) In General.--The Secretary of Energy, in coordination
with the Secretary of Labor, shall establish a grant program
for local governments for the purpose of developing a plan to
transition workers from employment in fossil fuel industries
to employment in sustainable industries.
(b) Eligibility.--The Secretary of Energy may award grants
under subsection (a) to local governments--
(1) that establish industry or sector partnerships (as
defined in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102));
(2) that are in localities that the Secretary of Energy
determines to have a percentage of traditional energy sector
jobs that is average or above average relative to the United
States.
(c) Determination of Percentage of Traditional Energy
Sector Jobs.--In making the determination under subsection
(b)(2), the Secretary of Energy shall take into consideration
information from the report entitled ``U.S. Energy and
Employment Report'' issued by the Secretary in January, 2017.
(d) Use of Funds.--Funds under subsection (a) may be used
for the following purposes:
(1) To develop a transition plan described in subsection
(a).
(2) To develop an apprenticeship program to train
individuals employed in fossil fuel industries and
individuals who are new to the workforce for jobs in
sustainable industries.
(e) Transition Plan Requirements.--A transition plan funded
under subsection (a) shall include a plan for unemployment
insurance, job transition training, and community services
for the communities affected by the transition.
(f) Authorization.--There are authorized to be appropriated
such sums as necessary to carry out this section.
On page 9, after the matter relating to section 12113,
insert the following:
Sec. 12114. Renewable energy transition grant program
amendment no. 22 offered by mrs. dingell of michigan
At the end of subtitle H of title I, add the following:
SEC. 1806. WATER HEATERS.
(a) Definition of Water Heater.--Section 321 of the Energy
Policy and Conservation Act (42 U.S.C. 6291) is amended by
striking paragraph (27) and inserting the following:
``(27) Water heater.--
``(A) In general.--The term `water heater' means a product
that utilizes oil, gas, or electricity to heat potable water
for use outside the heater on demand, including--
``(i) storage type units that heat and store water at a
thermostatically controlled temperature, including--
``(I) gas storage water heaters with an input of 75,000 Btu
per hour or less, including heat pump type units that meet
the current and voltage limits under clause (iii);
``(II) oil storage water heaters with an input of 105,000
Btu per hour or less; and
``(III) electric storage water heaters with an input of 12
kilowatts or less, including heat pump type units that meet
the current and voltage limits under clause (iii);
``(ii)(I) instantaneous type units that heat water but
contain not more than 1 gallon of water per 4,000 Btu per
hour of input; and
``(II) in the case of--
``(aa) gas instantaneous water heaters, have an input of
200,000 Btu per hour or less and are designed and marketed to
provide outlet hot water at a thermostatically controlled
temperature of less than 180 degrees Fahrenheit;
``(bb) oil instantaneous water heaters, have an input of
210,000 Btu per hour or less; and
``(cc) electric instantaneous water heaters, have an input
of 12 kilowatts or less;
``(iii) heat pump type units (including add-on heat pumps,
integrated heat pumps with storage, split-system heat pumps
that consist of a separate heat pump and storage tank that
are designed and marketed to operate together, and all
ancillary equipment, such as fans, storage tanks, pumps,
electric resistance heating elements, or controls necessary
for the device to perform its function) that--
``(I) have a maximum current rating of 24 amperes at a
voltage not greater than 250 volts; and
``(II) are designed to transfer thermal energy from 1
temperature level to a different temperature level for the
purpose of heating water;
``(iv) solar thermal-assisted electric storage units; and
``(v) solar thermal-assisted fossil fuel storage units.
``(B) Exclusions.--Unless otherwise determined by the
Secretary under section 325(e)(7)(B), the term `water heater'
does not include--
``(i) electric storage type units described in subparagraph
(A)(i)(III) that--
``(I) are designed and marketed exclusively for commercial
building applications; and
``(II)(aa) are designed, constructed, inspected, tested,
and stamped in accordance with Section IV, Part HLW, or
Section X of the Boiler and Pressure Vessel Code promulgated
by the American Society of Mechanical Engineers;
``(bb) exclusively use 3-phase electricity, are designed
and marketed to provide outlet hot water at a
thermostatically controlled temperature of 180 degrees
Fahrenheit or greater, and operate only at rated voltages of
not less than 208 volts; or
``(cc) exclusively use single-phase electricity, are
designed and marketed to provide outlet hot water at a
thermostatically controlled temperature of 180 degrees
Fahrenheit or greater, and operate only at a rated voltage of
277 volts; or
``(ii) gas storage type units described in subparagraph
(A)(i)(I) that--
``(I) are designed and marketed exclusively for commercial
building applications; and
[[Page H4919]]
``(II) are designed, constructed, inspected, tested, and
stamped in accordance with Section IV, Part HLW, of the
Boiler and Pressure Vessel Code promulgated by the American
Society of Mechanical Engineers.
``(C) Multi-input electric storage water heater.--The term
`multi-input electric storage water heater' means a product
that--
``(i) is not a heat pump type unit described in
subparagraph (A)(iii); and
``(ii) is designed, marketed, or shipped from the
manufacturer with a capability of operating or being
configured to operate at inputs greater than, equal to, or
below 12 kilowatts.
``(D) Solar thermal-assisted electric storage unit.--The
term `solar thermal-assisted electric storage unit' means a
unit that--
``(i) has an input of 12 kilowatts or less;
``(ii) has at least 2 dedicated ports in addition to the
ports used for introduction and delivery of potable water for
the supply and return of water or a heat transfer fluid
heated externally by solar panels;
``(iii) does not have electric resistance heating elements
located in the lower half of the storage tank;
``(iv) has the temperature sensing device that controls the
auxiliary electric heat source located in the upper half of
the storage tank; and
``(v) has a ratio of less than 0.70 for the proportion that
the certified first hour rating bears to the nominal volume
of the storage tank.''.
(b) Standards for Water Heaters.--Section 325(e) of the
Energy Policy and Conservation Act (42 U.S.C. 6295(e)) is
amended by adding at the end the following:
``(7) Exempted water heaters.--
``(A) Definition of exempted water heater.--In this
paragraph, the term `exempted water heater' means a water
heater described in section 321(27)(B).
``(B) Monitoring of shipments.--
``(i) Submission of data.--Not later than 90 days after the
date of enactment of this paragraph, and not later than May 1
of each year thereafter, the Secretary shall require each
manufacturer of water heaters to report to the Secretary the
quantity of exempted water heaters, in each category of
exempted water heaters, that the manufacturer shipped in the
preceding calendar year.
``(ii) Confidentiality requirements.--The Secretary shall
treat shipment data reported by manufacturers under clause
(i) as confidential business information subject to
appropriate confidential data safeguards.
``(iii) Publication.--
``(I) Baseline shipment data.--Not later than 120 days
after the date of enactment of this paragraph, the Secretary
shall publish an analysis of the data collected under clause
(i) for public comment, subject to applicable confidentiality
safeguards, which shall serve as the baseline data for the
analysis described in subclause (II)(bb).
``(II) Percentage growth from baseline.--Not later than
June 1 of each year after the year in which the Secretary
publishes data under subclause (I), the Secretary shall
publish--
``(aa) an analysis of the data collected under clause (i)
for public comment, subject to applicable confidentiality
safeguards;
``(bb) the percentage growth in the number of shipments
within each category of exempted water heater relative to the
baseline data described in subclause (I); and
``(cc) the determination of the Secretary as to whether the
number of shipments for any category of exempted water heater
have increased by more than 25 percent compared to the
baseline data for that category.
``(C) Inclusion of exempted water heaters.--
``(i) In general.--The Secretary shall, by regulation,
revise the definition of water heater under section 321(27)
to include an exempted water heater under subparagraph (A) of
that section if the Secretary makes an affirmative
determination under subparagraph (B)(iii)(II)(cc) for that
category of exempted water heater.
``(ii) Energy conservation standards.--Any category of
exempted water heater included in the definition of water
heater under clause (i) shall be required to meet the energy
conservation standards applicable to an electric or gas
storage type water heater under this part.
``(iii) Effective date.--For any category of exempted water
heater, the Secretary shall carry out clause (i), and require
compliance under clause (ii), not later than 1 year after the
date on which the Secretary makes the affirmative
determination described in clause (i) for that category.
``(8) Standards for multi-input electric storage water
heaters.--A multi-input electric storage water heater shall
be subject to the test procedures, energy conservation
standards, labeling (if applicable), and certification
requirements--
``(A) for electric storage water heaters under this part;
and
``(B) for storage water heaters under part C.
``(9) Technology-neutral electric storage water heater
standards.--Notwithstanding any other provision of this Act,
the Secretary may not create separate product classes for
heat pump water heaters and other electric storage water
heaters.''.
(c) Definition of Commercial Water Heater.--Section 340 of
the Energy Policy and Conservation Act (42 U.S.C. 6311) is
amended by striking paragraph (12) and inserting the
following:
``(12)(A) Storage water heater.--
``(i) In general.--The term `storage water heater' means a
water heater that--
``(I) heats and stores water within an appliance at a
thermostatically controlled temperature for delivery on
demand; and
``(II) is not a water heater described in section
321(27)(A).
``(ii) Exclusion.--The term `storage water heater' does not
include a unit with an input rating of 4,000 Btu per hour or
more per gallon of stored water.
``(B) Instantaneous water heater.--The term `instantaneous
water heater' means a water heater that--
``(i) has an input rating of at least 4,000 Btu per hour
per gallon of stored water; and
``(ii) is not a water heater described in section
321(27)(A).
``(C) Unfired hot water storage tank.--The term `unfired
hot water storage tank' means a tank used to store water that
is heated externally.''.
(d) Labeling Requirements.--Section 344 of the Energy
Policy and Conservation Act (42 U.S.C. 6315) is amended by
adding at the end the following:
``(l) Labels for Certain Commercial Water Heaters.--
``(1) In general.--Notwithstanding any other provision of
this section, water heaters described in section 321(27)(B)
shall be required to bear a permanent label, applied at the
point of manufacture, that, subject to paragraph (3),
satisfies the requirements described in paragraph (2).
``(2) Requirements.--A label required under paragraph (1)
shall--
``(A) be made of material not adversely affected by water;
``(B) be attached by means of nonwater-soluble adhesive;
and
``(C) bear the following notice printed in 16.5 point Arial
Narrow Bold font: `IMPORTANT INFORMATION: Exclusively
intended for commercial installations. This model is not
certified by the U.S. Department of Energy as a residential
water heater. This model does not have a certified First Hour
or UEF rating.'.
``(3) Revision upon petition.--On receipt of a petition by
an interested party, the Secretary may conduct a rulemaking
to revise the scope and requirements of the label required
under paragraph (1).''.
(e) Effective Date.--This section and the amendments made
by this section shall take effect 180 days after the date of
enactment of this Act.
amendment no. 25 offered by ms. finkenauer of iowa
Page 9, after the item relating to section 12606, insert
the following:
Sec. 12607. Labor Standards.
At the end of subtitle F, insert the following:
SEC. 12607 LABOR STANDARDS.
(a) In General.--Notwithstanding any other provision of
law, for fiscal year 2021 and each fiscal year thereafter,
any construction or maintenance projects, including
installation or removal of applicable infrastructure,
assisted in whole or in part by funds appropriated under
sections 1203, 1221, 1802, 1803, 1804, 1805, 2122, 2401,
2502, 2503, 2504, 2505, 2522, 2523, 2524, 2525, 2542, 2543,
2544, 2545, 2547, 2552, 2553, 2561, 3102, 3103, 3104, 3105,
3106, 3107, 3109, 3110, 3111, 3112, 3201, 4101, 4202, 5101,
5301, 5302, 5321, 5322, 5323, 5324, 5341, 5342, 6201, 6301,
6502, 6512, 7001, 8101, 8102, 8206, 8304, 9105, 9302, 9304,
10121, and 12401 of this Act and including 42 U.S.C. 17011
and 42 U.S.C. 16061, without regard to the form or type of
Federal assistance provided under such section or part, shall
comply with labor standards under this section. Compliance
with labor standards under this section shall also apply to
entities that are awarded permits, leases or enter into
agreements with the Federal Government under subtitle F of
Title II of this Act.
(b) Certification of Qualified Entities.--
(1) In general.--The Secretary of Labor shall establish a
process for certifying entities that submit an application
under paragraph (2) as qualified entities with respect to
construction and maintenance projects funded in part or whole
under sections 1203, 1221, 1802, 1803, 1804, 1805, 2122,
2401, 2502, 2503, 2504, 2505, 2522, 2523, 2524, 2525, 2542,
2543, 2544, 2545, 2547, 2552, 2553, 2561, 3102, 3103, 3104,
3105, 3106, 3107, 3109, 3110, 3111, 3112, 3201, 4101, 4202,
5101, 5301, 5302, 5321, 5322, 5323, 5324, 5341, 5342, 6201,
6301, 6502, 6512, 7001, 8101, 8102, 8206, 8304, 9105, 9302,
9304, 10121, and 12401 of this Act and including 42 U.S.C.
17011 and 42 U.S.C. 16061.
(2) Application process.--An entity seeking certification
as a qualified entity under this section shall submit an
application to the Secretary of Labor at such time, in such
manner, and containing such information as the Secretary may
reasonably require, including information to demonstrate
compliance with the requirements under subsection (c).
(3) Requests for additional information.--Not later than 1
year after receiving an application from an entity under
paragraph (2)--
(A) the Secretary of Labor may request additional
information from the entity in order to determine whether the
entity is in compliance with the requirements under
subsection (c); and
(B) the entity shall provide such additional information
within 30 days of the Secretary of Labor's request under
subparagraph (A).
(4) Determination deadline.--The Secretary of Labor shall
make a determination on whether to certify an entity under
this section not later than--
(A) in a case in which the Secretary requests additional
information described in
[[Page H4920]]
paragraph (3), 1 year after the Secretary receives such
additional information from the entity, or
(B) in a case that is not described in paragraph (3)(A), 1
year after the date on which the entity submits the
application under paragraph (2).
(5) Precertification remedies.--The Secretary shall
consider any corrective actions taken by an entity seeking
certification under this subsection to remedy an
administrative merits determination, arbitral award or
decision, or civil judgment identified under subsection
(c)(3) and shall impose as a condition of certification any
additional remedies necessary to avoid further or repeated
violations.
(c) Labor Standards Requirements.--The Secretary of Labor
shall require an entity, as a condition of certification
under this section, to satisfy each of the following
requirements:
(1) The entity shall ensure that all laborers and mechanics
employed by contractors and subcontractors in the performance
of any construction or maintenance project shall be paid
wages at rates not less than those prevailing on projects of
a similar character in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code (commonly known as
the ``Davis-Bacon Act'').
(2) In the case of any construction or maintenance project,
the cost of which exceeds $25,000,000, the entity shall be a
party to, or require contractors and subcontractors in the
performance of such construction or maintenance project to
consent to, a covered project labor agreement.
(3) The entity, and all contractors and subcontractors in
performance of any construction or maintenance project, shall
represent in the application submitted under subsection
(b)(2) (and periodically thereafter during the performance of
the construction or maintenance project as the Secretary of
Labor may require) whether there has been any administrative
merits determination, arbitral award or decision, or civil
judgment, as defined in guidance issued by the Secretary of
Labor, rendered against the entity in the preceding 3 years
(or, in the case of disclosures after the initial disclosure,
during such period as the Secretary of Labor may provide) for
violations of--
(A) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.);
(B) the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.);
(C) the Migrant and Seasonal Agricultural Worker Protection
Act (29 U.S.C. 1801 et seq.);
(D) the National Labor Relations Act (29 U.S.C. 151 et
seq.);
(E) subchapter IV of chapter 31 of title 40, United States
Code (commonly known as the ``Davis-Bacon Act'');
(F) chapter 67 of title 41, United States Code (commonly
known as the ``Service Contract Act'');
(G) Executive Order 11246, as amended (relating to equal
employment opportunity);
(H) section 503 of the Rehabilitation Act of 1973 (29
U.S.C. 793);
(I) section 4212 of title 38, United States Code;
(J) the Family and Medical Leave Act of 1993 (29 U.S.C.
2601 et seq.);
(K) title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.);
(L) the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.);
(M) the Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.);
(N) Executive Order 13658, dated February 2014, (entitled
``Establishing a Minimum Wage for Contractors''); or
(O) equivalent State laws, as defined in guidance issued by
the Secretary of Labor.
(4) The entity, and all contractors and subcontractors in
the performance of construction or maintenance project, shall
not require arbitration for any dispute involving an employee
described in paragraph (5) engaged in a service for the
entity or any contractor and subcontractor, or enter into any
agreement with such employee requiring arbitration of any
such dispute, unless such employee is covered by a collective
bargaining agreement that provides otherwise.
(5) For purposes of compliance with the National Labor
Relations Act (29 U.S.C. 151 et seq.), the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.), and the
requirements under this section, the entity, and all
contractors and subcontractors in the performance of any
construction or maintenance project, shall consider an
individual performing any service in such performance as an
employee (and not an independent contractor) of the entity,
contractor, or subcontractor, respectively, unless--
(A) the individual is free from control and direction in
connection with the performance of the service, both under
the contract for the performance of the service and in fact;
(B) the service is performed outside the usual course of
the business of the entity, contractor, or subcontractor,
respectively; and
(C) the individual is customarily engaged in an
independently established trade, occupation, profession, or
business of the same nature as that involved in such service.
(6) The entity shall prohibit all contractors and
subcontractors in the performance of any construction or
maintenance project from hiring employees through a temporary
staffing agency unless the relevant State workforce agency
certifies that temporary employees are necessary to address
an acute, short-term labor demand.
(7) The entity shall require all contractors,
subcontractors, successors in interest of the entity, and
other entities that may acquire the entity, in the
performance or acquisition of any construction or maintenance
project, to have and abide by an explicit neutrality policy
on any issue involving the exercise by employees of the
entity as described in paragraph (5), and of all contractors
and subcontractors in the performance of any construction or
maintenance project, of the right to organize and bargain
collectively through representatives of their own choosing.
(8) The entity shall require all contractors and
subcontractors to participate in a registered apprenticeship
program for each skilled craft employed on any construction
or maintenance project.
(9) The entity, and all contractors and subcontractors in
the performance of any construction or maintenance project,
shall not request or otherwise consider the criminal history
of an applicant for employment before extending a conditional
offer to the applicant, unless--
(A) a background check is otherwise required by law;
(B) the position is for a Federal law enforcement officer
(as defined in section 115(c)(1) of title 18, United States
Code) position; or
(C) the Secretary of Labor, after consultation with the
Secretary of Energy, certifies that precluding criminal
history prior to the conditional offer would pose a threat to
national security.
(d) Davis-Bacon Act.--The Secretary of Labor shall have,
with respect to the labor standards described in subsection
(d)(1), the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5
U.S.C. App.) and section 3145 of title 40, United States
Code.
(e) Period of Validity for Certifications.--A certification
made under this section shall be in effect for a period of 5
years. An entity may reapply to the Secretary of Labor for an
additional certification under this section in accordance
with the application process under subsection (b)(2).
(f) Revocation of Qualified Entity Status.--The Secretary
of Labor may revoke the certification of an entity under this
section as a qualified entity at any time in which the
Secretary reasonably determines the entity is no longer in
compliance with the requirements of subsection (c).
(g) Certification May Cover More Than 1 Substantially
Similar Project.--The Secretary of Labor may make
certifications under this section which apply with respect to
more than 1 project if the projects to which such
certification apply are substantially similar projects which
meet the requirements of this section. Such projects shall be
treated as a specific construction or maintenance project for
purposes of subsection (h)(2).
(h) Definitions.--In this section:
(1) Covered project labor agreement.--The term ``covered
project labor agreement'' means a project labor agreement
that--
(A) binds all contractors and subcontractors on the
construction project through the inclusion of appropriate
specifications in all relevant solicitation provisions and
contract documents;
(B) allows all contractors and subcontractors to compete
for contracts and subcontracts without regard to whether they
are otherwise a party to a collective bargaining agreement;
(C) contains guarantees against strikes, lockouts, and
other similar job disruptions;
(D) sets forth effective, prompt, and mutually binding
procedures for resolving labor disputes arising during the
covered project labor agreement; and
(E) provides other mechanisms for labor-management
cooperation on matters of mutual interest and concern,
including productivity, quality of work, safety, and health.
(2) Project labor agreement.--The term ``project labor
agreement'' means a pre-hire collective bargaining agreement
with one or more labor organizations that establishes the
terms and conditions of employment for a specific
construction project and is described in section 8(f) of the
National Labor Relations Act (29 U.S.C. 158(f)).
(3) Qualified entity.--The term ``qualified entity'' means
an applicant for certification under subsection (b) that the
Secretary of Labor certifies as a qualified entity in
accordance with subsection (b).
(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this such sums as necessary
for fiscal year 2020 and each fiscal year thereafter.
amendment no. 27 offered by mr. golden of maine
Page 202, line 24, strike ``; and'' and insert a semicolon.
Page 203, line 2, strike the semicolon and insert ``;
and''.
Page 203, after line 2, insert the following:
(iv) biomass systems with an efficiency of 60 percent or
greater;
Page 203, line 8, strike ``; or'' and insert a semicolon.
Page 203, line 11, strike the period at the end and insert
``; or''.
Page 203, after line 11, insert the following:
(F) to provide thermal energy to meet heating and cooling
loads and for industrial processes.
Page 716, line 21, insert ``, including the potential use
of biomass CHP systems'' before the semicolon.
[[Page H4921]]
Page 717, line 1, insert ``biomass CHP,'' after
``technologies,''.
Page 717, line 6, insert ``and communities'' after
``organizations''.
Page 717, line 10, insert ``, communities,'' after
``companies''.
Page 821, line 15, insert ``biomass,'' after ``wind,''.
Page 824, line 23, insert ``biomass,'' after
``hydropower,''.
amendment no. 31 offered by ms. haaland of new mexico
Page 391, line 10, strike ``or''.
Page 391, line 12, strike ``entities;'' and insert
``entities; or''.
Page 391, after line 12 insert:
(E) that does not require extraction of uranium or
development of uranium from lands managed by the Federal
Government, cause harm to the natural or cultural resources
of Tribal communities or sovereign Native Nations, or result
in degraded ground or surface water quality on publicly
managed or privately owned lands;
amendment no. 35 offered by mrs. hayes of connecticut
Page 536, lines 1 through 15, amend subsection (e) to read
as follows:
(e) Authorization of Appropriations.--Subsection (f), as
redesignated, of section 741 of the Energy Policy Act of 2005
(42 U.S.C. 16091) is amended to read as follows:
``(f) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
section, to remain available until expended, $130,000,000 for
each of fiscal years 2021 through 2025, of which--
``(1) not less than $100,000,000 for each such fiscal year
shall be used for awards under this section to eligible
recipients proposing to replace school buses with zero-
emission school buses; and
``(2) not less than $52,000,000 for each such fiscal year
shall be used for awards under this section to eligible
recipients proposing to replace or retrofit school buses to
serve a community of color, indigenous community, low-income
community, or any community located in an air quality area
designated pursuant to section 107 of the Clean Air Act (42
U.S.C. 7407) as nonattainment.''.
amendment no. 36 offered by mrs. hayes of connecticut
Page 9, after the item relating to section 12606, insert
the following:
Sec. 12607. Affirming Protections for Children and Workers.
At the end of subtitle F of Title XII, add the following:
SEC. 12607. AFFIRMING PROTECTIONS FOR CHILDREN AND WORKERS.
Nothing in this Act shall be construed to affect the safety
and wellbeing of children in the carrying out of projects,
programs, and other applicable items in this Act nor to
undermine or affect the enforcement of laws relating to
protections against child labor and forced labor, including--
(1) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.);
(2) title 29, subtitle B, chapter V, Subchapter A, Part
570, the Child Labor Regulations, Orders, and Statements of
Interpretation;
(3) article 3 of the International Labor Organization
Convention concerning the prohibition and immediate action
for the elimination of the worst forms of child labor
(December 2, 2000), or in violation of human rights;
(4) number 182 of the International Labor Organization
Convention, entitled ``Worst Forms of Child Labour
Convention'' (1999);
(5) number 105 of the International Labor Organization
Convention, entitled ``Abolition of Forced Labour
Convention'' (1957);
(6) applicable trade laws, including trade preference
programs, trade agreements and Section 307 of the Tariff Act
of 1930; and
(7) Executive Order 13126, dated June 12, 1999, (entitled
``Prohibition of Acquisition of Products Produced by Forced
or Indentured Child Labor'').
amendment no. 37 offered by mr. huffman of california
At the end of subtitle B of title II, add the following:
SEC. 2208. KLAMATH HYDROELECTRIC SETTLEMENT AGREEMENT TRIBAL
FAIRNESS.
(a) Definitions.--In this section:
(1) Facility.--The term ``facility'' means 1 or more of the
following hydropower facilities (including appurtenant works
licensed to PacifiCorp) within the jurisdictional boundary of
the Klamath Hydroelectric Project, FERC Project No. 2082 (as
applicable):
(A) Iron Gate Dam.
(B) Copco No. 1 Dam.
(C) Copco No. 2 Dam.
(D) J.C. Boyle Dam.
(2) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(3) Harmed indian tribes.--The term ``harmed Indian
Tribes'' means--
(A) the Klamath Tribes; and
(B) such other Indian Tribes that are located downstream of
the Klamath Hydroelectric Project.
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(5) Licensee.--The term ``licensee'' means the owner and
licensee of the facility (as of the date of enactment of this
Act).
(b) In General.--In light of the specific facts and
circumstances of the Klamath Hydroelectric Settlement
Agreement that anticipated dam removal to commence in 2020,
and to mitigate the historic and ongoing damages caused by
the facility to aquatic and Tribal trust resources, the
Commission shall not issue any annual license for the
facility under section 15(a)(1) of the Federal Power Act (16
U.S.C. 808(a)(1)) unless the Commission has provided harmed
Indian Tribes and the States of California and Oregon the
opportunity to recommend terms and conditions under section
4(e), section 10, and section 18 of the Federal Power Act (16
U.S.C. 797(e), 803, and 811), including any conditions
providing for fishways or fish recovery.
(c) Studies.--Upon approval of an annual license pursuant
to subsection (b), the Commission shall require the licensee
to provide to the Commission the following:
(1) A study describing the impacts of the facility during
the previous year on instream flows, water use, water
temperature, and water quality.
(2) A study describing the impacts of the facility during
the previous year on fish and wildlife resources, including
river fisheries, reservoir fisheries, anadromous fish, and
any marine species listed as a threatened species or
endangered species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) including Southern Resident killer
whales (Orcinus orca).
(3) A study describing the impacts of the facility during
the previous year on sediment transport.
(4) A study forecasting the impacts of climate change to
power generation at the facility.
(5) A certification from the California Department of Water
Resources, Division of Safety of Dams, following one or more
comprehensive studies of the stability and safety of the
facility that are funded by the licensee, that each element
of the facility meets all current Federal and State seismic,
stability, and safety standards and that there will be no
significant risk of dam failure during the term of the
license.
(6) A report, to be made publicly available by the
Commission, on the financial status of the facility,
including--
(A) an analysis comparing the cost of power generated at
the facility to revenue attributable to the facility during
the preceding year;
(B) a projection of the cost of power generated at the
facility and the revenue attributable to the facility during
the 5-year period beginning on the date of the license;
(C) an explanation of whether the financial terms of the
Klamath Hydroelectric Settlement Agreement, as amended, have
been met; and
(D) a detailed description of the annual costs associated
with the facility that are passed through to the ratepayers
of the licensee.
(d) Exception.--The requirements of this section shall not
apply to any entity filing a surrender application as
specified in the Commission's order relating to the facility
dated July 16, 2020 (172 FERC 61,062).
(e) Legal Claims.--Nothing in this section shall be
construed to adversely affect any legal claims of harmed
Indian Tribes, including claims for violations of any
Executive Order pertaining to one or more Indian Tribes, any
treaty between the United States and one or more Indian
Tribes, or for damages caused by the facility under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et
seq.). Such claims shall not be limited by any statute of
limitations.
amendment no. 38 offered by ms. kuster of new hampshire
Page 823, line 21, strike ``$20,000,000'' and insert
``$40,000,000''.
amendment no. 43 offered by mrs. lee of nevada
Amend subtitle C of title II to read as follows:
Subtitle C--Distributed Renewable Energy
SEC. 2301. DEFINITIONS.
In this subtitle:
(1) Authority having jurisdiction.--The term ``authority
having jurisdiction'' means any State, county, local, or
Tribal office or official with jurisdiction--
(A) to issue permits;
(B) to conduct inspections to enforce the requirements of a
relevant code or standard; or
(C) to approve the installation of, or the equipment and
materials used in the installation of, qualifying distributed
energy systems.
(2) Distributed energy system installer.--The term
``distributed energy system installer'' means an entity or
individual--
(A) with knowledge and skills relating to--
(i) the construction and operation of the equipment used in
qualifying distributed energy systems; and
(ii) the installation of qualifying distributed energy
systems; and
(B) that has employed safety training to recognize and
avoid the hazards involved in constructing, operating, and
installing qualifying distributed energy systems.
(3) Qualifying distributed energy system.--The term
``qualifying distributed energy system'' means any equipment
or materials installed in, on, or near a residential,
commercial, or industrial building to support onsite or local
energy use, including--
[[Page H4922]]
(A) to generate electricity from distributed renewable
energy sources, including from--
(i) solar photovoltaic modules or similar solar energy
technologies;
(ii) wind power systems; and
(iii) hydrogen electrolysis and fuel cell systems;
(B) to store and discharge electricity from batteries with
a capacity of at least 2 kilowatt hours;
(C) to charge a plug-in electric drive vehicle at a power
rate of at least 2 kilowatts;
(D) to refuel a fuel cell electric vehicle; or
(E) to generate electricity from fuel cell systems with a
capacity of at least 2 kilowatt hours.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 2302. ESTABLISHMENT OF PROGRAM TO FACILITATE VOLUNTARY
STREAMLINED PROCESS FOR LOCAL PERMITTING OF
QUALIFYING DISTRIBUTED ENERGY SYSTEMS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with
trade associations and other entities representing
distributed energy system installers and organizations
representing State, local, and Tribal governments engaged in
permitting, shall establish and carry out a program to
establish a voluntary streamlined permitting process for
local permitting and inspection of qualifying distributed
energy systems, in concert with relevant national consensus-
based codes and specifications and standards referenced
therein.
(b) Activities of the Program.--In carrying out the program
established under subsection (a), the Secretary shall--
(1) facilitate the development and maintenance of a
streamlined permitting process that includes a national
online permitting platform for expediting, standardizing, and
streamlining permitting, that authorities having jurisdiction
may use to receive, review, and approve permit applications
relating to qualifying distributed energy systems;
(2) establish a model expedited permit-to-build protocol
for qualifying distributed energy systems;
(3) provide technical assistance to authorities having
jurisdiction on using and adopting--
(A) the streamlined permitting process described in
paragraph (1); and
(B) the model expedited permit-to-build protocol described
in paragraph (2);
(4) develop and maintain a voluntary national inspection
protocol integrated with the national online permitting
system described in paragraphs (1) and (2) and related tools
to expedite, standardize, and streamline the inspection of
qualifying distributed energy systems, including--
(A) by investigating the potential for using remote
inspections; and
(B) by investigating the potential for sample-based
inspection for distributed energy system installers with a
demonstrated track record of high-quality work; and
(5) take any other action to expedite, standardize,
streamline, or improve the process for permitting,
inspecting, or interconnecting qualifying distributed energy
systems.
(c) Support Services.--The Secretary shall--
(1) provide technical assistance to authorities having
jurisdiction, any administrator of a national online
permitting platform, government software providers, and any
other entity determined appropriate by the Secretary in
carrying out the activities described in subsection (b); and
(2) provide such financial assistance as the Secretary
determines appropriate from any funds appropriated to carry
out this subtitle.
SEC. 2303. DISTRIBUTED ENERGY OPPORTUNITY COMMUNITIES.
(a) In General.--The Secretary shall recognize and certify
certain communities as ``Distributed Energy Opportunity
Communities''.
(b) Qualifications.--The Secretary may certify a State,
local community, or Tribe as a ``Distributed Energy
Opportunity Community'' if that State, local community, or
Tribe has adopted and implemented the model expedited permit-
to-build protocol established under the program established
under section 2302.
(c) Process.--The Secretary may confer a certification
under subsection (a) through existing programs of the
Department of Energy.
(d) Grants.--The Secretary may award competitive grants,
using funds appropriated to the Secretary to carry out this
subtitle, to encourage communities to adopt the model
expedited permit-to-build protocol and the standardized
inspection process established under the program established
under section 2302.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to
carry out this subtitle $20,000,000 for each of fiscal years
2021 through 2025.
amendment no. 44 offered by mr. levin of michigan
Page 543, line 5, strike ``or'' at the end.
Page 543, after line 5, insert the following:
(B) a community in which climate change, pollution, or
environmental destruction have exacerbated systemic racial,
regional, social, environmental, and economic injustices by
disproportionately affecting indigenous peoples, communities
of color, migrant communities, deindustrialized communities,
depopulated rural communities, the poor, low-income workers,
women, the elderly, the unhoused, people with disabilities,
or youth; or
Page 543, line 6, strike ``(B)'' and insert ``(C)''.
Page 544, line 17, strike ``equipment.'' and insert
``equipment, including accessibility in compliance with the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.).''.
Page 546, line 14, strike ``and'' at the end.
Page 546, after line 14, insert the following:
(v) an identification of any existing electric vehicle
supply equipment that--
(I) is available to the public for a minimum of 12 hours
per day; and
(II) is not further than 50 miles from the global
positioning system location identified under clause (iii);
and
Page 546, line 15, strike ``(v)'' and insert ``(vi)''.
Page 561, beginning on line 6, strike ``electric vehicles
nationwide;'' and insert ``electric vehicles nationwide,
taking into consideration range anxiety and the location of
charging infrastructure to ensure an electric vehicle can
travel throughout the United States without losing a
charge;''.
Page 567, line 23, strike ``including commercial vehicles;
and'' and insert ``including commercial vehicles, to an
extent that such electric vehicles can travel throughout the
State without running out of a charge; and''.
Page 567, line 24, strike ``electric grid'' and insert
``electric grid, including through the use of renewable
energy sources to power the electric grid,''.
amendment no. 45 offered by mr. levin of michigan
Page 830, after line 5, insert the following:
PART 3--MEASURING GREEN COLLAR JOB DEVELOPMENT
SEC. 12121. MEASURING GREEN JOBS.
(a) In General.--The Secretary of Labor, in consultation
with the Secretary of Energy, and acting through the Bureau
of Labor Statistics, where appropriate, shall collect and
analyze labor market data to track workforce trends resulting
from renewable energy and energy efficiency technology
initiatives carried out under this section. Activities
carried out under this section shall include the following:
(1) Tracking and documentation of academic and occupational
competencies as well as future skill needs with respect to
renewable energy and energy efficiency technology.
(2) Tracking and documentation of occupational information
and workforce training data with respect to renewable energy
and energy efficiency technology.
(3) Collaborating with State agencies, workforce
investments boards, industry, organized labor, and community
and nonprofit organizations to disseminate information on
successful innovations for labor market services and worker
training with respect to renewable energy and energy
efficiency technology.
(4) Serving as a clearinghouse for best practices in
workforce development, job placement and collaborative
training partnerships.
(5) Encouraging the establishment of workforce training
initiatives with respect to renewable energy and energy
efficiency technologies.
(6) Linking research and development in renewable energy
and energy efficiency technology with the development of
standards and curricula for current and future jobs.
(7) Assessing new employment and work practices including
career ladder and upgrade training as well as high
performance work systems.
(8) Providing technical assistance and capacity building to
national and State energy partnerships, including industry
and labor representatives.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $10,000,000 for
each fiscal years 2021 through 2025.
Page 9, after the matter relating to section 12113, insert
the following
Part 3--Measuring Green Collar Job Development
Sec. 12121. Measuring green jobs
amendment no. 48 offered by mr. loebsack of iowa
Add at the end of part 3 of subtitle A of title I the
following:
SEC. 1122. GRANTS FOR ENERGY EFFICIENCY IMPROVEMENTS AND
RENEWABLE ENERGY IMPROVEMENTS AT PUBLIC SCHOOL
FACILITIES.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
consortium of--
(A) one local educational agency; and
(B) one or more--
(i) schools;
(ii) nonprofit organizations;
(iii) for-profit organizations; or
(iv) community partners that have the knowledge and
capacity to partner and assist with energy improvements.
(2) Energy improvements.--The term ``energy improvements''
means--
(A) any improvement, repair, or renovation, to a school
that will result in a direct reduction in school energy costs
including but not limited to improvements to building
envelope, air conditioning, ventilation, heating system,
domestic hot water heating, compressed air systems,
distribution systems, lighting, power systems and controls;
(B) any improvement, repair, renovation, or installation
that leads to an improvement in teacher and student health
including but not limited to indoor air quality,
[[Page H4923]]
daylighting, ventilation, electrical lighting, and acoustics;
and
(C) the installation of renewable energy technologies (such
as wind power, photovoltaics, solar thermal systems,
geothermal energy, hydrogen-fueled systems, biomass-based
systems, biofuels, anaerobic digesters, and hydropower)
involved in the improvement, repair, or renovation to a
school.
(b) Authority.--From amounts made available for grants
under this section, the Secretary of Energy shall provide
competitive grants to eligible entities to make energy
improvements authorized by this section.
(c) Priority.--In making grants under this section, the
Secretary shall give priority to eligible entities that have
renovation, repair, and improvement funding needs and are--
(1) a high-need local educational agency, as defined in
section 2102 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6602); or
(2) a local educational agency designated with a
metrocentric locale code of 41, 42, or 43, as determined by
the National Center for Education Statistics (NCES), in
conjunction with the Bureau of the Census, using the NCES
system for classifying local educational agencies.
(d) Competitive Criteria.--The competitive criteria used by
the Secretary shall include the following:
(1) The fiscal capacity of the eligible entity to meet the
needs for improvements of school facilities without
assistance under this section, including the ability of the
eligible entity to raise funds through the use of local
bonding capacity and otherwise.
(2) The likelihood that the local educational agency or
eligible entity will maintain, in good condition, any
facility whose improvement is assisted.
(3) The potential energy efficiency and safety benefits
from the proposed energy improvements.
(e) Applications.--To be eligible to receive a grant under
this section, an applicant must submit to the Secretary an
application that includes each of the following:
(1) A needs assessment of the current condition of the
school and facilities that are to receive the energy
improvements.
(2) A draft work plan of what the applicant hopes to
achieve at the school and a description of the energy
improvements to be carried out.
(3) A description of the applicant's capacity to provide
services and comprehensive support to make the energy
improvements.
(4) An assessment of the applicant's expected needs for
operation and maintenance training funds, and a plan for use
of those funds, if any.
(5) An assessment of the expected energy efficiency and
safety benefits of the energy improvements.
(6) A cost estimate of the proposed energy improvements.
(7) An identification of other resources that are available
to carry out the activities for which funds are requested
under this section, including the availability of utility
programs and public benefit funds.
(f) Use of Grant Amounts.--
(1) In general.--The recipient of a grant under this
section shall use the grant amounts only to make the energy
improvements contemplated in the application, subject to the
other provisions of this subsection.
(2) Operation and maintenance training.--The recipient may
use up to 5 percent for operation and maintenance training
for energy efficiency and renewable energy improvements (such
as maintenance staff and teacher training, education, and
preventative maintenance training).
(3) Audit.--The recipient may use funds for a third-party
investigation and analysis for energy improvements (such as
energy audits and existing building commissioning).
(4) Continuing education.--The recipient may use up to 1
percent of the grant amounts to develop a continuing
education curriculum relating to energy improvements.
(g) Contracting Requirements.--
(1) Davis-bacon.--Any laborer or mechanic employed by any
contractor or subcontractor in the performance of work on any
energy improvements funded by a grant under this section
shall be paid wages at rates not less than those prevailing
on similar construction in the locality as determined by the
Secretary of Labor under subchapter IV of chapter 31 of title
40, United States Code (commonly referred to as the Davis-
Bacon Act).
(2) Competition.--Each applicant that receives funds shall
ensure that, if the applicant carries out repair or
renovation through a contract, any such contract process--
(A) ensures the maximum number of qualified bidders,
including small, minority, and women-owned businesses,
through full and open competition; and
(B) gives priority to businesses located in, or resources
common to, the State or the geographical area in which the
project is carried out.
(h) Reporting.--Each recipient of a grant under this
section shall submit to the Secretary, at such time as the
Secretary may require, a report describing the use of such
funds for energy improvements, the estimated cost savings
realized by those energy improvements, the results of any
audit, the use of any utility programs and public benefit
funds and the use of performance tracking for energy
improvements (such as the Department of Energy: Energy Star
program or LEED for Existing Buildings).
(i) Best Practices.--The Secretary shall develop and
publish guidelines and best practices for activities carried
out under this section.
(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $100,000,000 for
each of fiscal years 2021 through 2025.
amendment no. 52 offered by mr. lujan of new mexico
After section 2401 insert the following:
SEC. 2402. ESTABLISHMENT OF COMMUNITY SOLAR PROGRAMS.
(a) In General.--Section 111(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is
amended by adding at the end the following:
``(21) Community solar programs.--Each electric utility
shall offer a community solar program that provides all
ratepayers, including low-income ratepayers, equitable and
demonstrable access to such community solar program. For the
purposes of this paragraph, the term `community solar
program' means a service provided to any electric consumer
that the electric utility serves through which the value of
electricity generated by a community solar facility may be
used to offset charges billed to the electric consumer by the
electric utility. A `community solar facility' is--
``(A) a solar photovoltaic system that allocates
electricity to multiple electric consumers of an electric
utility;
``(B) connected to a local distribution of the electric
utility;
``(C) located either on or off the property of the electric
consumers; and
``(D) may be owned by an electric utility, an electric
consumer, or a third party.''.
(b) Compliance.--
(1) Time limitations.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is
amended by adding at the end the following:
``(8)(A) Not later than 1 year after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each electric utility for which the State has
ratemaking authority) and each nonregulated electric utility
shall commence consideration under section 111, or set a
hearing date for consideration, with respect to the standard
established by paragraph (21) of section 111(d).
``(B) Not later than 2 years after the date of enactment of
this paragraph, each State regulatory authority (with respect
to each electric utility for which the State has ratemaking
authority), and each nonregulated electric utility shall
complete the consideration and make the determination under
section 111 with respect to the standard established by
paragraph (21) of section 111(d).''.
(2) Failure to comply.--
(A) In general.--Section 112(c) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is
amended--
(i) by striking ``such paragraph (14)'' and all that
follows through ``paragraphs (16)'' and inserting ``such
paragraph (14). In the case of the standard established by
paragraph (15) of section 111(d), the reference contained in
this subsection to the date of enactment of this Act shall be
deemed to be a reference to the date of enactment of that
paragraph (15). In the case of the standards established by
paragraphs (16)''; and
(ii) by adding at the end the following: ``In the case of
the standard established by paragraph (21) of section 111(d),
the reference contained in this subsection to the date of
enactment of this Act shall be deemed to be a reference to
the date of enactment of that paragraph (21).''.
(B) Technical correction.--
(i) In general.--Section 1254(b) of the Energy Policy Act
of 2005 (Public Law 109-58; 119 Stat. 971) is amended--
(I) by striking paragraph (2); and
(II) by redesignating paragraph (3) as paragraph (2).
(ii) Treatment.--The amendment made by paragraph (2) of
section 1254(b) of the Energy Policy Act of 2005 (Public Law
109-58; 119 Stat. 971) (as in effect on the day before the
date of enactment of this Act) is void, and section 112(d) of
the Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
2622(d)) shall be in effect as if those amendments had not
been enacted.
(3) Prior state actions.--
(A) In general.--Section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended
by adding at the end the following:
``(h) Prior State Actions.--Subsections (b) and (c) shall
not apply to the standard established by paragraph (21) of
section 111(d) in the case of any electric utility in a State
if, before the date of enactment of this subsection--
``(1) the State has implemented for the electric utility
the standard (or a comparable standard);
``(2) the State regulatory authority for the State or the
relevant nonregulated electric utility has conducted a
proceeding to consider implementation of the standard (or a
comparable standard) for the electric utility; or
``(3) the State legislature has voted on the implementation
of the standard (or a comparable standard) for the electric
utility.''.
(B) Cross-reference.--Section 124 of the Public Utility
Regulatory Policies Act of
[[Page H4924]]
1978 (16 U.S.C. 2634) is amended by adding at the end the
following: ``In the case of the standard established by
paragraph (21) of section 111(d), the reference contained in
this subsection to the date of enactment of this Act shall be
deemed to be a reference to the date of enactment of that
paragraph (21).''.
Page 562, line 3, strike ``(21)'' and insert ``(22)''.
Page 563, line 18, strike ``(8)'' and insert ``(9)''.
Page 563, line 25, strike ``(21)'' and insert ``(22)''.
Page 564, line 8, strike ``(21)'' and insert ``(22)''.
Page 564, line 14, strike ``(21)'' and insert ``(22)''.
Page 564, line 22, strike ``(h)'' and insert ``(i)''.
Page 564, line 24, strike ``(21)'' and insert ``(22)''.
Page 565, line 20, strike ``(21)'' and insert ``(22)''.
Page 565, line 24, strike ``(21)'' and insert ``(22)''.
amendment no. 55 offered by mr. norcross of new jersey
At the end of subtitle H of title I, add the following:
SEC. 1806. REBATE PROGRAM FOR ENERGY EFFICIENT
ELECTROTECHNOLOGIES.
(a) Definitions.--In this section:
(1) Energy efficient electrotechnology.--The term ``energy
efficient electrotechnology'' means--
(A) any electric technology that, when used instead of a
fossil fuel-fired technology in an industrial process results
in--
(i) energy efficiency, or production efficiency, gains; or
(ii) environmental benefits; or
(B) any electric technology that, when used instead of a
fossil fuel-fired technology in an industrial application
results in--
(i) improvements in on-site logistics or material handling;
and
(ii) energy efficiency gains and environmental benefits.
(2) Qualified entity.--The term ``qualified entity'' means
an industrial or manufacturing facility, commercial building,
or a utility or energy service company.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall establish a
program to provide rebates in accordance with this section.
(c) Rebates.--The Secretary may provide a rebate under the
program established under subsection (b) to the owner or
operator of a qualified entity for expenditures made by the
owner or operator of the qualified entity for an energy
efficient electrotechnology that is used to replace a fossil
fuel-fired technology.
(d) Requirements.--To be eligible to receive a rebate under
this section, the owner or operator of a qualified entity
shall submit to the Secretary an application demonstrating--
(1) that the owner or operator of the qualified entity
purchased an energy efficient electrotechnology;
(2) the energy efficiency gains, production efficiency
gains, and environmental benefits, as applicable, resulting
from use of the energy efficient electrotechnology--
(A) as measured by a qualified professional or verified by
the energy efficient electrotechnology manufacturer, as
applicable; or
(B) as determined by the Secretary;
(3) that the fossil fuel-fired technology replaced by the
energy efficient electrotechnology has been permanently
decommissioned and scrapped; and
(4) that all laborers and mechanics who were involved in
the installation or maintenance, or construction or
renovation to support such installation or maintenance, of
the energy efficient electrotechnology, or the
decommissioning and scrapping of the fossil fuel-fired
technology replaced by the energy efficient
electrotechnology, and who were employed by the owner or
operator of the qualified entity, or contractors or
subcontractors at any tier thereof, were paid wages at rates
not less than those prevailing on projects of a character
similar in the locality as determined by the Secretary of
Labor in accordance with subchapter IV of chapter 31 of title
40, United States Code (commonly referred to as the ``Davis-
Bacon Act'').
(e) Limitation.--The Secretary may not provide a rebate
under the program established under subsection (b) to an
owner or operator of a qualified entity for expenditures made
by the owner or operator of the qualified entity for an
energy efficient electrotechnology that is used to replace a
fossil fuel-fired technology if the Secretary determines that
such expenditures were necessary for the owner or operator to
comply with Federal or State law.
(f) Authorized Amount of Rebate.--The amount of a rebate
provided under this section shall be not less than 30
percent, and not more than 50 percent, of the overall cost of
the energy efficient electrotechnology, including
installation costs.
(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $100,000,000 for
each of fiscal years 2021 through 2025.
amendment no. 56 offered by mr. norcross of new jersey
Page 36, line 5, strike ``and'' at the end.
Page 36, strike line 13, and insert ``(including
multifamily buildings); and''.
Page 36, after line 13, insert the following:
``(F) to make an addition or alteration to, or to install,
replace, or provide maintenance to, an air filtration and
purification system of an HVAC system to meet exigencies
related to the airborne epidemic transmissions of SARS-4CoV-2
or coronavirus disease 2019 (COVID-19).''.
Page 37, line 1, strike ``(e)'' and insert ``(f)''.
Page 36, after line 25, insert the following:
``(e) Prevailing Wages.--All laborers and mechanics
employed by contractors or subcontractors in the performance
of construction, alteration, or repair work assisted, in
whole or in part, by a grant under this section shall be paid
wages at rates not less than those prevailing on similar
construction in the locality as determined by the Secretary
of Labor in accordance with subchapter IV of chapter 31 of
title 40. With respect to the labor standards in this
subsection, the Secretary of Labor shall have the authority
and functions set forth in Reorganization Plan Numbered 14 of
1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title
40.''.
amendment no. 58 offered by mr. o'halleran of arizona
Add at the end of subtitle F of title XII the following:
SEC. 12607. RURAL AND REMOTE COMMUNITIES ELECTRIFICATION
GRANTS.
(a) In General.--Section 609 of the Public Utility
Regulatory Policies Act (7 U.S.C. 918c) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``or municipality'' and
inserting ``, municipality, or Indian Tribe'';
(B) in paragraph (5), by striking ``10,000'' and inserting
``20,000''; and
(C) by adding at the end the following:
``(6) The term `economically distressed community' means a
unit of local government, an Indian Tribe, or a political
subdivision thereof, that is significantly impacted by the
closure occurring on or after January 1, 2010, of an electric
generating station that primarily consumes coal as a fuel
source, including by the loss of--
``(A) employment directly from or associated with the
electric generating station, including an associated mine;
``(B) tax revenue, lease payments, or royalties directly
from or associated with the electric generating station; or
``(C) access to affordable energy.'';
(2) in subsection (b), by inserting ``or economically
distressed communities'' after ``rural areas'' each place it
appears; and
(3) in subsection (d)--
(A) by striking ``$20,000,000'' and inserting
``$50,000,000''; and
(B) by striking ``2006 through 2012'' and inserting ``2021
through 2025''.
amendment no. 59 offered by mr. o'halleran of arizona
Add at the end of subtitle F of title XII the following:
SEC. 12607. COAL COMMUNITY RESOURCE CLEARINGHOUSE.
(a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary of Energy shall
publish, maintain, and make publicly available a
clearinghouse, to be known as the ``Coal Community Resource
Clearinghouse'', on the website of the Department of Energy
for the purpose of increasing awareness of Federal and State
programs, grants, loans, loan guarantees, and other
assistance resources the Secretary determines will assist
economic development activities in economically distressed
communities.
(b) Periodic Updates.--In carrying out subsection (a), the
Secretary shall, not less frequently than once per calendar
year, update the Coal Community Resource Clearinghouse to
address changes to the needs of economically distressed
communities.
(c) Economically Distressed Community Defined.--The term
``economically distressed community'' means a unit of local
government, an Indian Tribe, or a political subdivision
thereof, that is significantly impacted by the closure
occurring on or after January 1, 2010, of an electric
generating station that primarily consumes coal as a fuel
source, including by the loss of--
(1) employment directly from or associated with the
electric generating station, including an associated mine;
(2) tax revenue, lease payments, or royalties directly from
or associated with the electric generating station; or
(3) access to affordable energy.
amendment no. 60 offered by ms. omar of minnesota
Add at the end of title XII the following:
Subtitle G--Zeroing Excess, Reducing Organic Waste, and Sustaining
Technical Expertise
SEC. 12701. GRANT PROGRAM.
(a) In General.--The Administrator shall establish and
carry out a program to award grants, on a competitive basis,
to eligible entities for projects that are consistent with
zero-waste practices.
(b) Grant Use.--
(1) Organics recycling infrastructure.--An eligible entity
receiving a grant under this subtitle may use grant funds to
carry out a project relating to organics recycling
infrastructure, including facilities, machinery, equipment,
and other physical necessities required for organics
collection or processing on a city-wide or county-wide scale,
provided that--
[[Page H4925]]
(A) implementation of such project--
(i) results in increased capacity for residential and
commercial source separated organics streams; and
(ii) generates a usable product that has demonstrable
environmental benefits when compared to the input materials,
such as compost with added nutritional content; and
(B) such project does not include mixed-waste composting.
(2) Electronic waste reuse and recycling.--An eligible
entity receiving a grant under this subtitle may use grant
funds to carry out a project relating to electronic waste
reuse or recycling, including infrastructure and technology,
research and development, and product refurbishment, provided
that such project--
(A) does not include an electronic waste ``buy-back''
program that provides compensation for used electronics where
such compensation is applied as a credit toward the purchase
of additional electronics; and
(B) is carried out by an organization certified in
sustainable electronic waste standards by an organization
accredited by the National Accreditation Board of the
American National Standards Institute & The American Society
of Quality, or another accrediting body as determined
appropriate by the Administrator.
(3) Source reduction.--An eligible entity receiving a grant
under this subtitle may use grant funds to carry out a
project relating to source reduction, and such project may
include--
(A) educational programming and outreach activities to
encourage behavioral changes in consumers that result in
source reduction; and
(B) product or manufacturing redesign or redevelopment to
reduce byproducts, packaging, and other outputs if--
(i) the applicable manufacturer--
(I) is domestically-owned and operated; and
(II) pays a living wage; and
(ii) the redevelopment or redesign does not result in
higher toxicity of the product or byproducts, more
complicated recyclability of the product or byproducts, or
increased volume of byproducts compared with the original
practice.
(4) Market development.--An eligible entity receiving a
grant under this subtitle may use grant funds to carry out a
project relating to market development with respect to source
reduction and waste prevention, including by creating demand
for sorted recyclable commodities and refurbished goods and
promoting domestically-owned and operated manufacturing for
projects relating to source reduction or waste prevention,
provided that such project--
(A) targets easily or commonly recycled materials which are
disproportionately disposed of in landfills or incinerated;
(B) addresses the reduction of the volume, weight, or
toxicity of waste and waste byproducts; and
(C) does not conflict with--
(i) minimum-content laws, such as post-consumer recycled
content requirements;
(ii) beverage container deposits;
(iii) programs funded through retail fees for specific
products or classes of products that use such fees to
collect, treat, or recycle such products; or
(iv) any applicable recycled product procurement laws and
expanded sustainable government purchasing requirements, as
identified by the Administrator.
SEC. 12702. GRANT AWARDS.
(a) Application.--
(1) Criteria for all applicants.--To be eligible to receive
a grant under this subtitle, an eligible entity shall submit
to the Administrator an application at such time and in such
form as the Administrator requires, demonstrating that the
eligible entity--
(A) has set specific source reduction or waste prevention
targets;
(B) will carry out such project in communities that are in
the 80th percentile or higher for one or more pollutants as
noted in the EJSCREEN tool, or any successor system, of the
Environmental Protection Agency; and
(C) will carry out a project that meets the applicable
project requirements under section 12701(b).
(2) Additional application criteria for nonprofit
organization.--In the case of an application from an eligible
entity that is a nonprofit organization, the application
shall include a letter of support for the proposed project--
(A) from--
(i) a local unit of government; or--
(ii) a nonprofit organization that--
(I) has a demonstrated history of undertaking work in the
geographic region where the proposed project is to take
place; and
(II) is not involved in the project being proposed; and
(B) containing such information as the Administrator may
require.
(b) Priority Factors.--
(1) In general.--In awarding grants under this subtitle,
the Administrator shall give priority to eligible entities
that--
(A) have statutorily committed to implementing zero-waste
practices;
(B) demonstrate how the project to be carried out with
grant funds could lead to the creation of new jobs that pay a
living wage, with preference for projects that create jobs
for individuals with barriers to employment, as determined by
the Administrator;
(C) will use grant funds for source reduction or waste
prevention in schools;
(D) will use grant funds to employ adaptive management
practices to identify, prevent, or address any negative
environmental consequences of the proposed project;
(E) have a demonstrated need for additional investment in
infrastructure and projects to achieve source reduction and
waste prevention targets set by the local unit of government
that is responsible for waste and recycling projects in the
geographic area;
(F) will use grant funds to develop innovative or new
technologies and strategies for source reduction and waste
prevention;
(G) demonstrate how receiving the grant will encourage
further investment in source reduction and waste prevention
projects; or
(H) will incorporate multi-stakeholder involvement,
including nonprofit, commercial, and public sector partners,
in carrying out a project using grant funds.
(2) Zero-waste hierarchy.--In determining priority between
multiple eligible entities who qualify for priority under
paragraph (1), the Administrator shall grant first priority
to an eligible entity that can demonstrate how the zero-waste
hierarchy was considered with respect to the project to be
carried out with grant funds.
SEC. 12703. REPORTING.
An eligible entity receiving a grant under this subtitle
shall report to the Administrator, at such time and in such
form as the Administrator may require, on the results of the
project carried out with grant funds and any relevant data
requested by the Administrator to track the effectiveness of
the program established under section 12701(a).
SEC. 12704. ANNUAL CONFERENCE.
In each of calendar years 2022 through 2027, the
Administrator shall convene an annual conference for eligible
entities, including eligible entities that have received a
grant under this subtitle, and other stakeholders as
identified by the Administrator, to provide an opportunity
for such eligible entities and stakeholders to share
experience and expertise in implementing zero-waste
practices.
SEC. 12705. DEFINITIONS.
In this subtitle:
(1) Adaptive management practices.--The term ``adaptive
management practices'' means, with respect to a project, the
integration of project design, management, and monitoring to
identify project impacts and outcomes as they arise and
adjust behaviors to improve outcomes.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Domestically-owned and operated.--The term
``domestically-owned and operated'' means, with respect to a
business, a business with--
(A) headquarters located within the United States; and
(B) primary operations carried out in the United States.
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a single unit of State, local, or Tribal government;
(B) a consortium of multiple units of State, local, or
Tribal government;
(C) one or more units of State, local, or Tribal government
in coordination with for-profit or nonprofit organizations;
or
(D) one or more incorporated nonprofit organizations.
(5) Embodied energy.--The term ``embodied energy'' means
energy that was used to create a product or material.
(6) Living wage.--The term ``living wage'' means the
minimum income necessary to allow a person working 40 hours
per week to afford the cost of housing, food, and other
material necessities.
(7) Organics recycling.--The term ``organics recycling''
means the biological processes by which organics streams are
converted to compost which is not harmful to humans, plants,
or animals.
(8) Recycling.--The term ``recycling''--
(A) means the mechanical processing of material that has
reached the end of its current use into material to be used
in the production of new products;
(B) does not include incineration or any other energy
recovery process; and
(C) does not include depolymerization or a similar process.
(9) Reuse.--The term ``reuse''--
(A) means--
(i) using a product, packaging, or resource more than once
for the same or a new function with little to no processing;
or
(ii) repairing a product so it can be used longer, sharing
or renting it, or selling or donating it to another party;
and
(B) does not include incineration.
(10) Source reduction.--The term ``source reduction''--
(A) includes--
(i) activities that reduce consumption of products or
services that create physical outputs, such as packaging,
that is secondary to the intended use of the item being
consumed;
(ii) measures or techniques that reduce the amount of waste
generated during production processes; and
(iii) the reduction or elimination of the use of materials
which are not able to be recycled without degrading the
quality of the material; and
(B) does not include incineration.
(11) Source separated.--The term ``source separated''--
[[Page H4926]]
(A) means the separation of a stream of recyclable
materials at the point of waste creation before the materials
are collected and centralized; and
(B) does not include technologies that sort mixed municipal
solid waste into recyclable and non-recyclable materials.
(12) Waste prevention.--The term ``waste prevention''
includes reuse, recycling, and other methods to reduce the
amount of materials disposed of in landfills or incinerated.
(13) Zero-waste.--The term ``zero-waste'' means the
conservation of all resources by means of responsible
production, consumption, reuse, and recovery of products,
packaging, and materials without burning or otherwise
destroying embodied energy, with no discharges to land,
water, or air that threaten the environment or human health.
(14) Zero-waste practice.--The term ``zero-waste practice''
means a practice used to help achieve zero-waste, including
source reduction and waste prevention.
SEC. 12706. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Administrator
to carry out this subtitle $250,000,000 for the period of
fiscal years 2021 through 2028.
amendment no. 61 offered by ms. omar of minnesota
Add at the end of subtitle F of title XII the following:
SEC. 12607. REPORT ON FOSSIL FUEL SUBSIDIES.
The Secretary of the Treasury, in consultation with other
relevant departments and agencies, shall submit to Congress a
report that contains--
(1) an identification of any existing fossil fuel
production subsidies not eliminated by this Act, or the
amendments made by this Act; and
(2) a quantification of the economic costs of such
subsidies.
amendment no. 65 offered by mr. peters of california
At the end of title III, add the following:
Subtitle D--Interagency Task Force on Short-Lived Climate Pollutant
Mitigation
SEC. 3401. INTERAGENCY TASK FORCE ON SHORT-LIVED CLIMATE
POLLUTANT MITIGATION.
(a) Establishment.--Not later than 90 days after the date
of enactment of this Act, the President shall establish a
task force, to be known as the Interagency Task Force on
Short-Lived Climate Pollutant Mitigation.
(b) Membership.--The members of the Task Force shall
include the head (or a designee thereof) of each of--
(1) the Department of Agriculture;
(2) the Department of Commerce;
(3) the Department of Defense;
(4) the Department of Energy;
(5) the Department of Health and Human Services;
(6) the Department of the Interior;
(7) the Department of State;
(8) the Department of Transportation;
(9) the Environmental Protection Agency;
(10) the National Oceanic and Atmospheric Administration;
(11) the Council on Environmental Quality;
(12) the United States Agency for International
Development; and
(13) any other Federal agency the President determines
appropriate.
(c) Duties.--The Task Force shall--
(1) review the policy recommendations made by--
(A) the Intergovernmental Panel on Climate Change;
(B) the United States Climate Alliance;
(C) the Interagency Strategy to Reduce Methane Emissions;
(D) the Council on Climate Preparedness and Resilience; and
(E) the Clean Cooking Alliance;
(2) develop an action plan to reduce short-lived climate
pollutants that incorporates any appropriate proposals or
recommendations made by the entities referred to in paragraph
(1) that are relevant to short-lived climate pollutants;
(3) identify any Federal program that is, or could be,
relevant to reducing short-lived climate pollutants--
(A) in the United States; or
(B) worldwide;
(4) identify overlapping and duplicative Federal programs
addressing short-lived climate pollutants that would benefit
from consolidation and streamlining;
(5) identify gaps and serious deficiencies in Federal
programs targeted at short-lived climate pollutants,
including gaps and deficiencies that can be addressed through
a combination of assessment, scientific research, monitoring,
and technological development activities, with an emphasis
on--
(A) industry standards; and
(B) public-private partnerships;
(6) in developing recommendations, consult with affected
stakeholders in private industry; and
(7) not later than 18 months after the date of enactment of
this Act, submit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Environment
and Public Works of the Senate a report describing the
findings and recommendations resulting from the activities
described in paragraphs (1) through (6).
amendment no. 66 offered by mr. peters of california
At the end of title III, add the following:
Subtitle D--Black Carbon
SEC. 3401. REDUCTION OF BLACK CARBON EMISSIONS.
(a) Comprehensive Plan.--
(1) In general.--The Administrator of the Environmental
Protection Agency (in this section referred to as the
``Administrator''), in consultation with the Secretary of
Energy, the Secretary of State, the Secretary of
Transportation, the Secretary of Commerce, and the Commandant
of the Coast Guard, shall develop a comprehensive plan to
reduce black carbon emissions from ships based on appropriate
emissions data from oceangoing vessels. The plan shall
provide for such reduction through--
(A) a clean freight partnership;
(B) limits on black carbon emissions; and
(C) efforts that include protection of access to critical
fuel shipments and emergency needs of coastal communities.
(2) Roadmap.--A principal objective of the plan developed
pursuant to paragraph (1) shall be the establishment, in
coordination with the Secretary of State, of a roadmap for
helping countries to reduce fine-particle (PM2.5) and black
carbon emissions in the shipping sector through--
(A) the installation of advanced emissions controls;
(B) the reduction of sulfur content in fuels; and
(C) the adoption of black carbon control policies.
(b) Black Carbon Emissions Reduction Goals.--The
Administrator, in coordination with the Secretary of State,
and other relevant Federal agencies, shall--
(1) lead an effort to reduce black carbon through an
Arctic-wide aspirational black carbon goal; and
(2) encourage observers of the Arctic Council (including
India and China) to adopt mitigation plans consistent with
the findings and recommendations of the Arctic Council's
Framework for Action on Black Carbon and Methane.
(c) Climate and Clean Air Coalition.--The Administrator, in
coordination with the Secretary of State, is encouraged to
work with the Climate and Clean Air Coalition to Reduce
Short-Lived Climate Pollutants to craft specific financing
mechanisms for the incremental cost of international black
carbon mitigation activities.
(d) Black Carbon Mitigation Activities.--
(1) Prioritization.--The Administrator of the United States
Agency for International Development, in cooperation with the
Administrator, shall--
(A) encourage black carbon mitigation activities as part of
official development assistance and programmatic activities;
(B) give special emphasis to projects that produce
substantial environmental, gender, livelihood, and public
health benefits, including support for clean-burning
cookstoves and fuels; and
(C) work with the Global Alliance for Clean Cookstoves to
help developing nations establish thriving markets for clean
and efficient cooking solutions.
(2) Emissions reductions.--The Secretary of State, in
collaboration with the Administrator, the Secretary of
Energy, and the Secretary of Transportation, shall provide
aid to international efforts to reduce black carbon emissions
from diesel trucks and ships, 2-stroke engines, diesel
generators, and industrial processes by providing technical
assistance--
(A) to help developing nations lower the sulfur content of
diesel fuels;
(B) to expand access to diesel particulate filters;
(C) to provide vehicle manufacturers with low- and zero-
emission engine designs;
(D) to deploy on-road, off-road, and shore-side
infrastructure to support zero-emission engine technologies;
(E) to develop other mitigation activities, including
energy efficiency alternatives for generators and industrial
processes; and
(F) to reduce ammonia emissions from agriculture.
amendment no. 67 offered by mr. peters of california
Add after section 12606 the following:
SEC. 12607. PUBLICATION OF INTERCONNECTIONS SEAMS STUDY.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of Energy shall submit to Congress
and make publicly available on the website of the Department
a report on the results of the Interconnections Seam Study
conducted by the Department.
Page 9, after the matter relating to section 12606, insert
the following:
Sec. 12607. Publication of Interconnections Seams Study.
amendment no. 70 offered by ms. plaskett of virgin islands
At the end of title II, add the following subtitle:
Subtitle G--Renewable Energy Grant Program
SEC. 2701. RENEWABLE ENERGY GRANT PROGRAM.
(a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a
renewable energy program (in this section referred to as the
``program'') under which the Secretary may award grants to
covered entities to facilitate projects, in territories of
the United States, described in subsection (c).
(b) Applications.--To be eligible for a grant under the
program, a covered entity shall submit to the Secretary an
application at such time, in such form, and containing
[[Page H4927]]
such information as the Secretary may require.
(c) Grant Uses.--
(1) In general.--A covered entity receiving a grant under
the program may use grant funds for a project, in territories
of the United States--
(A) to develop or construct a renewable energy system;
(B) to carry out an activity to increase energy efficiency;
(C) to develop or construct an energy storage system or
device for--
(i) a system developed or constructed under subparagraph
(A); or
(ii) an activity carried out under subparagraph (B);
(D) to develop or construct--
(i) a smart grid; or
(ii) a microgrid; or
(E) to train residents of territories of the United States
to develop, construct, maintain, or operate a renewable
energy system.
(2) Limitation.--A covered entity receiving a grant under
the program may not use grant funds to develop or construct a
facility that generates electricity using energy derived
from--
(A) fossil fuels; or
(B) nuclear power.
(d) Technical Assistance.--The Secretary shall ensure that
Department of Energy national laboratories offer to provide
technical assistance to each covered entity carrying out a
project assisted with a grant under the program.
(e) Report.--Not later than two years after the
establishment of the program, and on an annual basis
thereafter, the Secretary shall submit to Congress a report
containing--
(1) an estimate of the amount of funds disbursed under the
program;
(2) an estimate of the energy conservation achieved as a
result of the program;
(3) a description of challenges encountered in implementing
projects described in subsection (c)(1); and
(4) recommendations as to additional legislative measures
to increase the use of renewable energy in territories of the
United States, as appropriate.
(f) GAO Study and Report.--
(1) Study and report.--Not later than 180 days after the
date of enactment of this section, the Comptroller General of
the United States shall--
(A) conduct a study regarding renewable energy and energy
efficiency in territories of the United States; and
(B) submit to Congress a report containing--
(i) the findings of the study; and
(ii) related recommendations.
(2) Components.--The study conducted under paragraph (1)
shall consider, in relation to territories of the United
States, the potential--
(A) to modify existing electric power systems to use
renewable energy sources;
(B) to expand the use of microgrids; and
(C) to improve energy resiliency.
(g) Definitions.--In this section, the following
definitions apply:
(1) Covered entity.--The term ``covered entity'' means a
not-for-profit organization determined eligible by the
Secretary for purposes of this section.
(2) Department of energy national laboratories.--The term
``Department of Energy national laboratories'' has the same
meaning as the term ``National Laboratory'' under section 2
of the Energy Policy Act of 2005 (42 U.S.C. 15801).
(3) Microgrid.--The term ``microgrid'' means an electric
system--
(A) that serves the local community with a power generation
and distribution system; and
(B) that has the ability--
(i) to disconnect from a traditional electric grid; and
(ii) to operate autonomously when disconnected.
(4) Renewable energy; renewable energy system.--The terms
``renewable energy'' and ``renewable energy system'' have the
meanings given those terms in section 415(c) of the Energy
Conservation and Production Act (42 U.S.C. 6865(c)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(6) Smart grid.--The term ``smart grid'' means an
intelligent electric grid that uses digital communications
technology, information systems, and automation to, while
maintaining high system reliability--
(A) detect and react to local changes in usage;
(B) improve system operating efficiency; and
(C) reduce spending costs.
(7) Territory.--The term ``territory'' means the
Commonwealth of Puerto Rico, Guam, the United States Virgin
Islands, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
(h) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
amendment no. 71 offered by mr. pocan of wisconsin
At the end of title XII of the committee print, add the
following new subtitle:
Subtitle G--Radon Abatement Reauthorization
SEC. 12701. TECHNICAL ASSISTANCE TO STATES FOR RADON PROGRAMS
REAUTHORIZED.
Section 305(e) of the Toxic Substances Control Act (15
U.S.C. 2665(e)) is amended by striking ``1989, 1990, and
1991'' and inserting ``2021, 2022, and 2023''.
SEC. 12702. GRANT ASSISTANCE TO STATES FOR RADON PROGRAMS
REAUTHORIZED.
Section 306(j) of the Toxic Substances Control Act (15
U.S.C. 2666(j)) is amended by striking ``1989, 1990, and
1991'' and inserting ``2021, 2022, and 2023''.
SEC. 12703. REGIONAL RADON TRAINING CENTERS REAUTHORIZED.
Section 308(f) of the Toxic Substances Control Act (15
U.S.C. 2668(f)) is amended by striking ``1989, 1990, and
1991'' and inserting ``2021, 2022, and 2023''.
amendment no. 73 offered by mr. quigley of illinois
After the item in the table of contents relating to section
5101, insert the following:
Sec. 5102. Definitions.
Sec. 5103. Power system modeling reform and updates to grid services
and grid operator software.
Sec. 5104. Advanced energy and grid efficiency studies and report.
Page 436, after line 15, insert the following:
SEC. 5102. DEFINITIONS.
In sections 5103 and 5104:
(1) Advanced energy technology.--The term ``advanced energy
technology'' means any energy generation, load-modifying
transmission, or storage technology with zero or minimal
greenhouse gas emissions that is connected--
(A) to the distribution system;
(B) to the transmission system; or
(C) behind the meter.
(2) Advisory committee.--The term ``Advisory Committee''
means the advisory committee established under section
5103(a)(2)(A).
(3) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(4) Electric utility.--The term ``electric utility'' has
the meaning given the term in section 3 of the Federal Power
Act (16 U.S.C. 796).
(5) Grid operator.--The term ``grid operator'' means--
(A) a Transmission Organization, including--
(i) an Independent System Operator; and
(ii) a Regional Transmission Organization;
(B) a public utility; and
(C) an electric utility.
(6) Independent system operator.--The term ``Independent
System Operator'' has the meaning given the term in section 3
of the Federal Power Act (16 U.S.C. 796).
(7) Initiative.--The term ``Initiative'' means the Advanced
Energy Technology Research Initiative established under
section 5103(a)(1).
(8) Public utility.--The term ``public utility'' has the
meaning given the term in section 201(e) of the Federal Power
Act (16 U.S.C. 824(e)).
(9) Regional transmission organization.--The term
``Regional Transmission Organization'' has the meaning given
the term in section 3 of the Federal Power Act (16 U.S.C.
796).
(10) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(11) Transmission organization.--The term ``Transmission
Organization'' has the meaning given the term in section 3 of
the Federal Power Act (16 U.S.C. 796).
SEC. 5103. POWER SYSTEM MODELING REFORM AND UPDATES TO GRID
SERVICES AND GRID OPERATOR SOFTWARE.
(a) Advanced Energy Technology Research Initiative.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Commission, in coordination with
the Secretary, shall establish an initiative, to be known as
the ``Advanced Energy Technology Research Initiative'', to
research and provide recommendations on how to improve the
modeling, operational, and planning practices used for the
bulk electric system.
(2) Advisory committee.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission, in coordination with
the Secretary, shall establish an advisory committee to
research, report on, and provide recommendations on matters
relating to the Initiative, including--
(i) whether the existing modeling and long-term and short-
term planning practices used by grid operators for power
systems, including power markets, adequately incorporate
expected integration with respect to advanced energy
technologies;
(ii) whether the methods used to determine future
transmission and capacity needs and make reliability-related
determinations use the right data to adequately forecast and
model the integration of advanced energy technology into
electric power systems;
(iii) whether the modeling and planning practices described
in clause (i) and the methods described in clause (ii) need
to be updated to better account for the integration of
advanced energy technology into electric power systems;
(iv) any undue barriers to the adoption of advanced energy
technology presented by--
(I) existing modeling, operational, and planning practices;
and
(II) State estimation tools for planning and reliability;
(v) any need to develop emerging technologies or software
for use in improving modeling, planning, and operations in
wholesale electricity markets to resolve computational or
technical barriers to the adoption of advanced energy
technology, including software relating to--
[[Page H4928]]
(I) the use of big data, artificial intelligence, and
probabilistic methods to predict, in near-real-time--
(aa) energy generation from variable and distributed
resources;
(bb) load profiles; and
(cc) consumption and congestion; and
(II) the use of artificial intelligence to improve the
responsiveness of energy system operations;
(vi) whether existing and future grid reliability service
definitions and the modeling techniques, operational
processes, and planning processes used to procure grid
reliability services--
(I) appropriately account for the technical and operational
characteristics of advanced energy technologies;
(II) allow for the use of those advanced energy
technologies to provide grid reliability services; and
(III) include appropriate cybersecurity safeguards; and
(vii) any rulemaking, technical conference, or policy
statement that, in the determination of the Advisory
Committee, the Commission should consider.
(B) Composition.--The Advisory Committee shall consist of--
(i) not fewer than 1 representative from each of--
(I) the Commission;
(II) the Department of Energy;
(III) the Electric Reliability Organization (as defined in
section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)));
(IV) an Independent System Operator or a Regional
Transmission Organization;
(V) an entity generating electric power that is not
affiliated with a transmission-owning public or nonpublic
utility;
(VI) an environmental organization with expertise on the
bulk electric system; and
(VII) an institution of higher education with expertise on
the bulk electric system;
(ii) not fewer than 2 designees of the National Association
of Regulatory Utility Commissioners;
(iii) not fewer than 3 representatives from public
utilities or electric utilities in areas not serviced by an
Independent System Operator or a Regional Transmission
Organization; and
(iv) not fewer than 2 representatives from private and
nonprofit associations with expertise in the development,
deployment, and use of advanced energy technologies.
(C) Reports.--Not later than 18 months after the date of
enactment of this Act, and every 2 years thereafter for 10
years, the Advisory Committee shall submit to the Committee
on Energy and Natural Resources of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report on the Initiative, including the
findings or recommendations of the Advisory Committee with
respect to the matters described in clauses (i) through (vii)
of subparagraph (A).
(b) Advanced Energy Technology and Grid Services Program.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a
competitive financial assistance program, to be known as the
``Advanced Energy Technology and Grid Services Program'',
under which the Secretary shall enter into Federal financial
assistance agreements with eligible entities described in
paragraph (2) for the purpose of increasing the market
penetration of advanced energy technology through advanced
research and development and pilot demonstrations of--
(A) software upgrades, including upgrades to the software
platforms used to operate wholesale energy markets;
(B) updated power system planning;
(C) new power system (including power market) modeling
platforms;
(D) cybersecurity and physical security upgrades; and
(E) resilience upgrades.
(2) Eligible entities described.--An eligible entity
referred to in paragraph (1) is--
(A) a grid operator;
(B) a State public utility commission;
(C) an energy cooperative;
(D) a municipality;
(E) an electric utility;
(F) a gas utility; or
(G) a State energy office.
(3) Eligible activities.--The Secretary may enter into a
financial assistance agreement under this subsection for--
(A) software upgrades by grid operators;
(B) new power system (including power market) modeling
platforms;
(C) enhancements to cybersecurity safeguards; or
(D) updated power system (including power market) planning,
updated power system (including power market) modeling, or
updated reliability planning and modeling by grid operators.
(4) Cost sharing.--In awarding Federal financial assistance
(including grants, loans, and any other form of financial
assistance) to fund eligible activities under this
subsection, the Secretary shall require cost sharing in
accordance with section 988 of the Energy Policy Act of 2005
(42 U.S.C. 16352).
(5) Coordination.--In carrying out the Advanced Energy
Technology and Grid Services Program established under this
subsection, the Secretary, to the maximum extent practicable,
shall coordinate with existing programs of the Department of
Energy that focus on grid modernization efforts.
SEC. 5104. ADVANCED ENERGY AND GRID EFFICIENCY STUDIES AND
REPORT.
(a) Studies.--
(1) Advanced energy study.--The Secretary, in coordination
with the Commission, shall carry out a study of the costs and
benefits to consumers of updating power system planning,
modeling, and operational practices, including reliability-
related planning, and energy market participation rules on
advanced energy technologies and resources, including
distributed energy technologies and resources, such as--
(A) energy storage technologies;
(B) energy efficiency and transmission efficiency
technologies;
(C) distributed solar and wind energy generation;
(D) fuel cells;
(E) smart thermostats and smart building technologies;
(F) demand response technologies, including natural gas
demand response technologies;
(G) advanced metering technologies;
(H) electric vehicles and electric vehicle charging
infrastructure;
(I) any aggregation of the distributed energy technologies
and resources described in subparagraph (A) or (C); and
(J) any other advanced energy technologies, as determined
by the Secretary.
(2) Grid efficiency study.--
(A) In general.--The Secretary, in coordination with the
Commission, shall carry out a study of the barriers and
opportunities for advanced energy technologies that provide
increased, more efficient, or more effective delivery over
the existing transmission network.
(B) Requirements.--The study under subparagraph (A) shall
include--
(i) an examination of--
(I) the reliability, resilience, and economic benefits of
technologies such as power flow control, topology
optimization, and dynamic line ratings;
(II) the costs, benefits, and challenges associated with
deployment of the advanced energy technologies described in
subparagraph (A); and
(III) the impact of grid efficiency improvements on
wholesale and retail electricity rates; and
(ii) an analysis of the role of financial and regulatory
incentives in the deployment of advanced energy technologies,
as determined by the Secretary.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report describing the results of the
studies under paragraphs (1) and (2) of subsection (a).
amendment no. 74 offered by mr. rouda of california
Add at the end of subtitle H of title I the following:
SEC. 1806. REMOVING BARRIERS TO EFFICIENCY.
(a) In General.--Section 327 of the Energy Policy and
Conservation Act (42 U.S.C. 6297) is amended by adding at the
end the following:
``(h) Suspension of Preemption.--This section shall not
apply to a covered product during any period that--
``(1) begins on the date that is 8 years after the date on
which the energy conservation standard was established under
section 325 for the covered product; and
``(2) ends on the effective date of an energy conservation
standard established after the date described in paragraph
(1) under section 325 for the covered product, that is
equivalent to, or more stringent than, the standard described
in such paragraph.
``(i) No Preemption Absent a Federal Standard.--
``(1) Application.--Notwithstanding any other provision of
this part, this section does not apply to any State
regulation insofar as the State regulation applies to any
product not subject to an energy conservation standard
established under section 325.
``(2) Compliance period.--Any State regulation prescribed
or enacted for a covered product before the date on which an
energy conservation standard is established under section 325
for the covered product shall not be preempted until the
effective date of an equivalent or more stringent energy
conservation standard under section 325 for the covered
product.''.
(b) ASHRAE Products.--Section 345(b)(2) of the Energy
Policy and Conservation Act (42 U.S.C. 6316(b)(2)) is amended
by adding at the end the following:
``(E) Notwithstanding subparagraph (A), a standard
prescribed or established under section 342(a) shall not
supersede any State or local regulation concerning the energy
efficiency or energy use of a product for which a standard is
prescribed or established pursuant to such section during any
period that--
``(i) begins on the date that is 8 years after the date on
which such standard was prescribed or established; and
``(ii) ends on the effective date of a standard prescribed
or established after the date described in clause (i) under
section 342(a) for the product, that is equivalent to, or
more stringent than, the standard described in such
clause.''.
amendment no. 75 offered by mr. rush of illinois
At the end of part 2 of subtitle A of title XII, add the
following new section:
SEC. 12114. ENERGY JOBS COUNCIL AND ANNUAL ENERGY EMPLOYMENT
REPORT.
(a) Energy Jobs Council.--
(1) Establishment.--Not later than 90 days after the date
of enactment of this Act, the
[[Page H4929]]
Secretary of Energy (referred to in this section as the
``Secretary'') shall establish a council, to be known as the
``Energy Jobs Council'' (referred to in this section as the
``Council'').
(2) Membership.--The Council shall be comprised of--
(A) to be appointed by the Secretary--
(i) one or more representatives of the Energy Information
Administration; and
(ii) one or more representatives of a State energy office
that are serving as members of the State Energy Advisory
Board established by section 365(g) of the Energy Policy and
Conservation Act (42 U.S.C. 6325(g));
(B) to be appointed by the Secretary of Commerce--
(i) one or more representatives of the Department of
Commerce; and
(ii) one or more representatives of the Bureau of the
Census;
(C) one or more representatives of the Bureau of Labor
Statistics, to be appointed by the Secretary of Labor; and
(D) one or more representatives of any other Federal agency
the assistance of which is required to carry out this Act, as
determined by the Secretary, to be appointed by the head of
the applicable agency.
(b) Survey and Analysis.--
(1) In general.--The Council shall--
(A) conduct a survey of employers in the energy, energy
efficiency, renewable energy, and motor vehicle sectors of
the economy of the United States; and
(B) perform an analysis of the employment figures and
demographics in those sectors, including the number of
personnel in each sector who devote a substantial portion of
working hours, as determined by the Secretary, to compliance
matters.
(2) Methodology.--In conducting the survey and analysis
under paragraph (1), the Council shall employ a methodology
that--
(A) was approved in 2016 by the Office of Management and
Budget for use in the document entitled ``OMB Control Number
1910-5179'';
(B) uses a representative, stratified sampling of
businesses in the United States; and
(C) is designed to elicit a comparable number of responses
from businesses in each State and with the same North
American Industry Classification System codes as were
received for the 2016 and 2017 reports entitled ``U.S. Energy
and Employment Report''.
(3) Consultation.--In conducting the survey and analysis
under paragraph (1), the Council shall consult with key
stakeholders, including--
(A) as the Council determines to be appropriate, the heads
of relevant Federal agencies and offices, including--
(i) the Secretary of Commerce;
(ii) the Secretary of Transportation;
(iii) the Director of the Bureau of the Census;
(iv) the Commissioner of the Bureau of Labor Statistics;
and
(v) the Administrator of the Environmental Protection
Agency;
(B) States;
(C) the State Energy Advisory Board established by section
365(g) of the Energy Policy and Conservation Act (42 U.S.C.
6325(g)); and
(D) energy industry trade associations.
(c) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall--
(A) make publicly available on the website of the
Department of Energy a report, to be entitled the ``U.S.
Energy and Employment Report'', describing the employment
figures and demographics in the energy, energy efficiency,
and motor vehicle sectors of the United States based on the
survey and analysis conducted under subsection (b); and
(B) subject to the requirements of the Confidential
Information Protection and Statistical Efficiency Act of 2002
(44 U.S.C. 3501 note; Public Law 107-347), make the data
collected by the Council publicly available on the website of
the Department of Energy.
(2) Contents.--
(A) In general.--The report under paragraph (1) shall
include employment figures and demographic data for--
(i) the energy sector of the economy of the United States,
including--
(I) the electric power generation and fuels sector; and
(II) the transmission, storage, and distribution sector;
(ii) the energy efficiency sector of the economy of the
United States; and
(iii) the motor vehicle sector of the economy of the United
States.
(B) Inclusion.--With respect to each sector described in
subparagraph (A), the report under paragraph (1) shall
include employment figures and demographic data sorted by--
(i) each technology, subtechnology, and fuel type of those
sectors; and
(ii) subject to the requirements of the Confidential
Information Protection and Statistical Efficiency Act of 2002
(44 U.S.C. 3501 note; Public Law 107-347)--
(I) each State;
(II) each territory of the United States;
(III) the District of Columbia; and
(IV) each county (or equivalent jurisdiction) in the United
States.
amendment no. 83 offered by mr. thompson of california
Add at the end of title II the following:
Subtitle G--Other
SEC. 2701. AMENDMENT TO ENERGY POLICY ACT OF 2005 DEFINITION
OF RENEWABLE ENERGY.
(a) In General.--Section 203 of the Energy Policy Act of
2005 (42 U.S.C. 15852) is amended--
(1) in subsection (b)(2), by striking ``generated'' and
inserting ``produced''; and
(2) in subsection (c)--
(A) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and indenting
appropriately;
(B) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``For purposes'' and inserting the
following:
``(1) In general.--For purposes''; and
(C) by adding at the end the following:
``(2) Separate calculation.--
``(A) In general.--For purposes of determining compliance
with the requirement of this section, any energy consumption
that is avoided through the use of geothermal energy shall be
considered to be renewable energy produced.
``(B) Efficiency accounting.--Energy consumption that is
avoided through the use of geothermal energy that is
considered to be renewable energy under this section shall
not be considered energy efficiency for the purpose of
compliance with Federal energy efficiency goals, targets, and
incentives.''.
(b) Conforming Amendment.--Section 2410q(a) of title 10,
United States Code, is amended by striking ``section
203(b)(2) of the Energy Policy Act of 2005 (42 U.S.C.
15852(b)(2))'' and inserting ``section 203(b) of the Energy
Policy Act of 2005 (42 U.S.C. 15852(b))''.
amendment no. 84 offered by ms. tlaib of michigan
Page 894, after line 6, insert the following:
SEC. 12606. REPORT ON EFFECTS OF EMISSIONS FROM FOSSIL FUEL
FACILITIES.
(a) Study.--
(1) In general.--The Administrator shall conduct a study to
evaluate the effect of emissions from fossil fuel facilities
on the health of environmental justice communities, including
such effects on the environment or that result in adverse
human health for such communities.
(2) Inclusion.--In evaluating effects under paragraph (1),
the Administrator of the Environmental Protection Agency
shall consider the distance between fossil fuel facilities
and environmental justice communities.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to
Congress a report that summarizes the study conducted under
subsection (a).
(c) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Environmental justice community.--The term
``environmental justice community'' has the meaning given
such term in section 11001.
(3) Fossil fuel facility.--The term ``fossil fuel
facility'' has the meaning given such term by the
Administrator for purposes of the National Emissions
Inventory.
Page 894, line 7, strike ``12606'' and insert ``12607''.
amendment no. 85 offered by mr. tonko of new york
Page 593, after line 17, insert the following new subtitle:
Subtitle G--Low-carbon Fuels
SEC. 6701. STUDY BY NATIONAL ACADEMY OF SCIENCES.
(a) In General.--The Administrator of the Environmental
Protection Agency, after consultation with the Secretary of
Energy and the Secretary of Agriculture, shall seek to enter
into an agreement with the National Academy of Sciences (or,
if the Academy declines, another appropriate entity) under
which the Academy (or other appropriate entity) agrees to--
(1) assess current methods for life cycle greenhouse gas
emissions analyses for low-carbon transportation fuels in the
United States; and
(2) develop a framework for assessing broader environmental
implications of low-carbon transportation fuels in addition
to greenhouse gas emissions.
(b) Timing of Agreement.--The Administrator shall seek to
enter into the agreement described in subsection (a) not
later than 60 days after the date of enactment of this Act.
(c) Assessment.--The assessment pursuant to subsection
(a)(1) shall examine methods for calculating life cycle
greenhouse gas emissions associated with transportation fuels
(liquid and nonliquid), including--
(1) direct greenhouse gas emissions, including all stages
of fuel and feedstock production, distribution, and use; and
(2) potentially significant indirect greenhouse gas
emissions.
(d) Framework.--The framework pursuant to subsection (a)(2)
shall include a recommended framework and approaches for
detailed quantitative assessments of the comparative
environmental implications of low-carbon transportation fuels
(liquid and nonliquid), including--
(1) life cycle implications for air, water, land, and
ecosystems in different regions of the United States and over
time; and
(2) potential environmental implications over the life
cycle of transportation fuels for low-income and
disadvantaged communities and communities of color.
(e) Reports.--The agreement under subsection (a) shall
provide for the publication by the Academy (or other
appropriate entity) of--
(1) not later than 12 months after the date of enactment of
this Act, a report--
[[Page H4930]]
(A) describing the results of the assessment under
subsection (a)(1); and
(B) recommending a standardized approach to calculating
life cycle greenhouse gas emissions from low-carbon
transportation fuels (liquid and nonliquid); and
(2) not later than 18 months after the date of enactment of
this Act, a report providing recommendations for a framework
to assess environmental implications, in addition to
greenhouse gas emissions, of low-carbon transportation fuels
(liquid and nonliquid).
(f) Definitions.--In this section:
(1) Academy.--The term ``Academy'' means the National
Academy of Sciences.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Life cycle greenhouse gas emissions.--The term ``life
cycle greenhouse gas emissions'' means the aggregate quantity
of greenhouse gas emissions (including direct emissions and
significant indirect emissions such as significant emissions
from land use changes), as determined by the Academy (or
other appropriate entity) over the full life cycle of the
respective greenhouse gases, across all stages of a given
fuel's supply chain, where the mass values for all greenhouse
gases are adjusted to account for their relative global
warming potential and residence time.
(4) Other appropriate entity.--The term ``other appropriate
entity'' means the other appropriate entity with which the
agreement under subsection (a) is entered into if the Academy
declines to enter into the agreement.
amendment no. 86 offered by ms. waters of california
Page 557, line 24, strike ``and''.
Page 558, line 6, strike ``census tracts.'' and insert
``census tracts; and''.
Page 558, after line 6, insert the following:
(vi) identify the potential for, and obstacles to,
recruiting and entering into contracts with locally-owned
small and disadvantaged businesses, including women- and
minority-owned businesses, to deploy electric vehicle
charging infrastructure in underserved or disadvantaged
communities in major urban areas and rural areas.
amendment no. 87 offered by ms. waters of california
Page 41, line 7, strike ``and''.
Page 41, line 13, strike the period and insert ``; and''.
Page 41, after line 13, insert the following:
(7) to identify diverse candidates and firms when procuring
for the design and construction of training and assessment
centers.
amendment no. 88 offered by ms. waters of california
Page 664, line 21, strike ``; and'' and insert a semicolon.
Page 664, line 23, strike the period at the end and insert
``; and''.
Page 664, after line 23, insert the following:
(E) whether the project will be of benefit or use to
diverse and underserved communities.
amendment no. 89 offered by ms. waters of california
Page 101, line 10, after ``means'' insert ``a manufactured
home (as such term is defined in section 603 of the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5402)), or''.
Page 103, after line 20, insert the following:
(16) Multifamily building.--The term ``multifamily
building'' means a structure with 5 or more tenant-occupied
residential dwelling units that--
(A) is located in the United States;
(B) was constructed before the date of enactment of this
Act; and
(C) is occupied at least 6 months out of the year.
(17) Multifamily building owner.--The term ``multifamily
building owner'' means the owner of a tenant-occupied
multifamily building.
Page 106, line 12, before the semicolon insert ``,
including energy audits and assessments relevant to
multifamily buildings''.
Page 106, line 13, after ``home'' insert ``and multifamily
building''.
Page 112, line 5: after ``homeowner'' insert ``or
multifamily building owner''.
Page 112, line 10, before the semicolon insert ``or the
household living in a multifamily building''.
Page 112, line 13, after ``homeowner'' insert ``or the
household living in a multifamily building''.
Page 114, line 11, after ``home'' insert ``of a homeowner
or household living in a multifamily building''.
Page 114, line 22, before the semicolon insert ``or the
applicable multifamily building owner has signed and
submitted an agreement with the contractor to provide whole-
building aggregate information about the building's energy
use''.
Page 115, line 1, after ``home'' insert ``of a homeowner or
for the household living in a multifamily building''.
Page 115, line 10, after ``homeowner'' insert ``or
multifamily building owner''.
Page 115, line 24: after ``homeowners'' insert ``and
multifamily building owners''.
Page 116, line 9, after ``homeowner'' insert ``or
multifamily building owner''.
Page 125, line 24, before ``is moderate'' insert ``or that,
in the case of a multifamily building, the majority of
households in the building''.
Page 126, line 2, strike ``of homeowners''.
Page 126, lines 18 and 19, strike ``of homeowners''.
Page 127, line 1, after ``homeowner'' insert ``or the
household living in a multifamily building''.
Page 127, line 5, after ``homeowner'' insert ``or the
household living in a multifamily building''.
Page 128, line 4, before ``that are certified'' insert ``or
multifamily building owners''.
Page 128, line 12, before the first comma insert ``and
owners''.
Page 130, line 6, strike ``$1,200,000,000'' and insert
``$1,600,000,000''.
amendment no. 90 offered by ms. wild of pennsylvania
Page 830, after line 5, insert the following:
PART 3--CLEAN ENERGY ECONOMY WORKFORCE
SEC. 12121. CLEAN ENERGY ECONOMY WORKFORCE PROGRAM.
(a) Definitions.--In this section:
(1) Coal-related facility.--The term ``coal-related
facility'' includes a coal mine or coal-fueled electric
generating facility.
(2) Coal-related generating facility.--The term ``coal-
related industrial facility'' includes a facility in the
manufacturing and transportation supply chains of a coal-
related facility.
(3) Eligible entity.--The term ``eligible entity'' means a
National Laboratory, business, or labor organization that
demonstrates success in placing graduates of pre-
apprenticeship or apprenticeship programs in jobs relevant to
such programs and--
(A) is directly involved with zero-emission electricity
technology, energy efficiency, or other activity that results
in a reduction in greenhouse gas emissions, as determined by
the Secretary;
(B) works on behalf of a business or labor organization
that is directly involved with zero emission electricity
technology, energy efficiency, or other activity that results
in a reduction in greenhouse gas emissions, as determined by
the Secretary;
(C) provides services related to--
(i) zero emission electricity technology deployment and
maintenance and energy efficiency;
(ii) grid modernization; or
(iii) reduction in greenhouse gas emissions through the use
of zero-emission energy technologies;
(D) has knowledge of technician workforce needs of a
National Laboratory or covered facility of the National
Nuclear security Administration and the associated security
requirements of such laboratory or facility;
(E) demonstrates experience in implementing and operating
apprenticeship programs or pre-apprenticeship programs that
provide a direct pathway to an energy-related career; or
(F) demonstrates success in placing graduates of pre-
apprenticeship or apprenticeship programs in jobs relevant to
such programs.
(4) Energy transition worker.--The term ``Energy Transition
Worker'' means a worker, including workers employed by
contractors or subcontractors, terminated, laid off from
employment, or whose work hours have been reduced, on or
after the date of enactment of this Act, from a coal-related
facility, coal-related industrial facility or other energy
related entity.
(5) National laboratory.--The term ``National Laboratory''
means any of the following laboratories owned by the
Department of Energy:
(A) Ames Laboratory.
(B) Argonne National Laboratory.
(C) Brookhaven National Laboratory.
(D) Fermi National Accelerator Laboratory.
(E) Idaho National Laboratory.
(F) Lawrence Berkeley National Laboratory.
(G) Lawrence Livermore National Laboratory.
(H) Los Alamos National Laboratory.
(I) National Energy Technology Laboratory.
(J) National Renewable Energy Laboratory.
(K) Oak Ridge National Laboratory.
(L) Pacific Northwest National Laboratory.
(M) Princeton Plasma Physics Laboratory.
(N) Sandia National Laboratories.
(O) Savannah River National Laboratory.
(P) Stanford Linear Accelerator Center.
(Q) Thomas Jefferson National Accelerator Facility.
(6) Program.--The term ``program'' means the program
established under subsection (b).
(b) Establishment.--The Secretary of Energy, in
consultation with the Secretary of Labor, shall establish a
program to provide competitively awarded cost shared grants
to eligible entities to pay for pre-apprenticeship training
for individuals or on-the-job training of a new or existing
employee--
(1) to work in zero emission electricity generation, energy
efficiency, or grid modernization;
(2) to work otherwise on the reduction of greenhouse gas
emissions; or
(3) to participate in a pre-apprenticeship program that
provides a direct pathway to an energy-related career in
construction through one or more apprenticeship programs.
(c) Grants.--
(1) In general.--An eligible entity desiring a grant under
the program shall submit to the Secretary of Energy an
application at such time, in such manner, and containing such
information a the Secretary of Energy may require.
(2) Priority for targeted communities.--In providing grants
under the program, the
[[Page H4931]]
Secretary of Energy shall give priority to an eligible entity
that--
(A) recruits employees--
(i) from the 1 or more communities that are served by the
eligible entity; and
(ii) that are minorities, women, veterans, individuals from
Indian Tribes or Tribal organizations, or energy transition
workers;
(B) provides trainees with the opportunity to obtain real-
world experience; or
(C) has fewer than 100 employees; and
(D) in the case of a pre-apprenticeship program,
demonstrates--
(i) a multi-year record of successfully recruiting energy
transition workers, minorities, women, and veterans for
training and supporting such individuals to a successful
completion of a pre-apprenticeship program; and
(ii) a successful multi-year record of placing the majority
of pre-apprenticeship program graduates into apprenticeship
programs in the construction industry.
(3) Use of grant for federal share.--
(A) In general.--An eligible entity shall use a grant
received under the program to--
(i) pay the Federal share of the cost of providing pre-
apprenticeship training or on-the-job training for an
individual, in accordance with subparagraph(B); or
(ii) in the case of a pre-apprenticeship program--
(I) recruiting minorities, women, and veterans for
training;
(II) supporting those individuals in the successful
completion of the pre-apprenticeship program; and
(III) carrying out any other activity of the pre-
apprenticeship program, as determined to be appropriate by
the Secretary of Labor, in consultation with the Secretary.
(B) Federal share amount.--The Federal share described in
subparagraph (A)(i) shall not exceed--
(i) in the case of an eligible entity with 20 or fewer
employees, 45 percent of the cost of on-the-job-training for
an employee;
(ii) in the case of an eligible entity with not fewer than
21 employees and not more than 99 employees, 37.5 percent of
the cost of on-the-job-training for an employee;
(iii) in the case of an eligible entity with not fewer than
100 employees, 20 percent of the cost of on-the-job-training
for an employee; and
(iv) in the case of an eligible entity that administers a
pre-apprenticeship program, 75 percent of the cost of the
pre-apprenticeship program.
(4) Employer payment of non-federal share.--
(A) In general.--The non-Federal share of the cost of
providing on-the-job training for an employee under a grant
received under the program shall be paid in cash or in kind
by the employer of the employee receiving the training or by
a nonprofit organization.
(B) Inclusions.--The non-Federal share described in
subparagraph (A) may include the amount of wages paid by the
employer to the employee during the time that the employee is
receiving on-the-job training, as fairly evaluated by the
Secretary of Labor.
(5) Construction.--In providing grants under the program
for training, recruitment, and support relating to
construction, eligible entities shall only include pre-
apprenticeship programs that have an articulation agreement
with one or more apprenticeship programs.
(6) Grant amount.--An eligible entity may not receive more
than $1,000,000 per fiscal year in grant funds under the
program.
(d) Authorization of Appropriations.--There are authorized
to be appropriated $25,000,000 to the Secretary of Energy to
carry out the program for each of the fiscal years 2021
through 2030.
Page 9, after the matter relating to section 12113, insert
the following:
Part 3--Clean Energy Economy Workforce
Sec. 12121. Clean Energy Economy Workforce Program.
Amendment No. 93 Offered by Mr. Blumenauer of Oregon
Page 403, after line 21, insert the following:
(3) Report.--The Secretary shall submit annually a public
report to the Congressional Committees of Jurisdiction
documenting funds spent under the program, including those
that could benefit the entirety of the existing reactor
fleet, such as with respect to aging management and related
sustainability concerns, and identifying funds awarded to
private entities.
Page 407, line 11, insert ``In carrying out this paragraph,
the Secretary shall convene an advisory committee of such
individuals and such committee shall submit annually a report
to the relevant committees of Congress with respect to the
progress of the program.''
Amendment No. 95 Offered by Mr. Krishnamoorthi of Illinois
Page 192, beginning on line 4, strike ``eligible entity is
located'' and insert ``eligible entity is located, which
campaign shall include providing projected environmental
benefits achieved under the project, where to find more
information about the program established under this section,
and any other information the Secretary determines
necessary''.
Amendment No. 96 Offered by Ms. Clark of Massachusetts
At the end of subtitle A of title III, add the following:
SECTION 3115. CARBON DIOXIDE REMOVAL TASK FORCE AND REPORT.
(a) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Energy (referred to
in this section as the ``Secretary''), in consultation with
the head of any other relevant Federal agency, shall prepare
a report that--
(1) estimates the magnitude of excess carbon dioxide in the
atmosphere that will need to be removed by 2050 to achieve
net-zero emissions and stabilize the climate;
(2) inventories current and emerging approaches of carbon
dioxide removal and evaluates the advantages and
disadvantages of each such approach; and
(3) identifies recommendations for legislation, funding,
rules, revisions to rules, financing mechanisms, or other
policy tools that the Federal Government can use to
sufficiently advance the deployment of carbon dioxide removal
projects in order to meet, in the aggregate, the magnitude of
needed removals estimated under paragraph (1), including
policy tools such as--
(A) grants;
(B) loans or loan guarantees;
(C) public-private partnerships;
(D) direct procurement;
(E) incentives, including subsidized Federal financing
mechanisms available to project developers;
(F) advance market commitments;
(G) regulations; and
(H) and any other policy mechanism determined by the
Secretary to be beneficial for advancing carbon dioxide
removal methods and the deployment of carbon dioxide removal
projects.
(b) Submission; Publication.--The Secretary shall submit
the report prepared under subsection (a) to the Committee on
Energy and Natural Resources of the Senate and the Committee
on Energy and Commerce of the House of Representatives, and
as soon as practicable, make the report publicly available.
(c) Evaluation.--The Secretary shall--
(1) not later than 2 years after the publication of the
report under subsection (a), and every 2 years thereafter,
evaluate the findings and recommendations of the report,
taking into consideration any issues and recommendations
identified by the task force established under subsection
(d); and
(2) after each evaluation under paragraph (1), revise the
report as necessary and submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Energy
and Commerce of the House of Representatives an updated
report.
(d) Task Force.--
(1) Establishment and duties.--Not later than 60 days after
the date of enactment of this Act, the Secretary shall
establish a task force to--
(A) identify barriers to advancement of carbon dioxide
removal methods and the deployment of carbon dioxide removal
projects;
(B) inventory existing or potential Federal legislation,
rules, revisions to rules, financing mechanisms, or other
policy tools that are capable of advancing carbon dioxide
removal methods and the deployment of carbon dioxide removal
projects;
(C) assist in drafting the report described in subsection
(a) and any updates thereto; and
(D) advise the Secretary on matters pertaining to carbon
dioxide removal.
(2) Members and selection.--The Secretary shall--
(A) develop criteria for the selection of members to the
task force; and
(B) select members for the task force in accordance with
the criteria developed under subparagraph (A).
(3) Meetings.--The task force shall meet not less than once
each year.
(4) Evaluation.--Not later than 7 years after the date of
enactment of this Act, the Secretary shall--
(A) reevaluate the need for the task force; and
(B) submit to Congress a recommendation as to whether the
task force should continue.
(e) Carbon Dioxide Removal Definition.--In this section,
the term ``carbon dioxide removal'' means the capture of
carbon dioxide directly from ambient air or, in dissolved
form, from seawater, combined with the sequestration of such
carbon dioxide, including through direct air capture and
sequestration, enhanced carbon mineralization, bioenergy with
carbon capture and sequestration, forest restoration, soil
carbon management, and direct ocean capture.
Amendment No. 97 Offered by Ms. Blunt Rochester of Delaware
Add at the end of title VI the following:
Subtitle G--Climate Action Planning for Ports
SEC. 6701. GRANTS TO REDUCE GREENHOUSE GAS EMISSIONS AT
PORTS.
(a) Grants.--The Administrator of the Environmental
Protection Agency may award grants to eligible entities--
(1) to implement plans to reduce greenhouse gas emissions
at one or more ports or port facilities within the
jurisdictions of the respective eligible entities; and
(2) to develop climate action plans described in subsection
(b)(2).
(b) Application.--
(1) In general.--To seek a grant under this section, an
eligible entity shall submit an application to the
Administrator of the Environmental Protection Agency at such
time, in such manner, and containing such information and
assurances as the Administrator may require.
(2) Climate action plan.--At a minimum, each such
application shall contain--
[[Page H4932]]
(A) a detailed and strategic plan, to be known as a climate
action plan, that outlines how the eligible entity will
develop and implement climate change mitigation or adaptation
measures through the grant; or
(B) a request pursuant to subsection (a)(2) for funding for
the development of a climate action plan.
(3) Required components.--A climate action plan under
paragraph (2) shall demonstrate that the measures proposed to
be implemented through the grant--
(A) will reduce greenhouse gas emissions at the port or
port facilities involved pursuant to greenhouse gas emission
reduction goals set forth in the climate action plan;
(B) will reduce other air pollutants at the port or port
facilities involved pursuant to criteria pollutant emission
reduction goals set forth in the climate action plan;
(C) will implement emissions accounting and inventory
practices to determine baseline emissions and measure
progress; and
(D) will ensure labor protections for workers employed
directly at the port or port facilities involved, including
by--
(i) demonstrating that implementation of the measures
proposed to be implemented through the grant will not result
in a net loss of jobs at the port or port facilities
involved;
(ii) ensuring that laborers and mechanics employed by
contractors and subcontractors on construction projects to
implement the plan will be paid wages not less than those
prevailing on similar construction in the locality, as
determined by the Secretary of Labor under sections 3141
through 3144, 3146, and 3147 of title 40, United States Code;
and
(iii) requiring any projects initiated to carry out the
plan with total capital costs of $1,000,000 or greater to
utilize a project labor agreement and not impact any
preexisting project labor agreement.
(4) Other components.--In addition to the components
required by paragraph (3), a climate action plan under
paragraph (2) shall demonstrate that the measures proposed to
be implemented through the grant will do at least 2 of the
following:
(A) Improve energy efficiency at a port or port facility,
including by using--
(i) energy-efficient vehicles, such as hybrid, low-
emission, or zero-emission vehicles;
(ii) energy efficient cargo-handling, harbor vessels, or
storage facilities such as energy-efficient refrigeration
equipment;
(iii) energy-efficient lighting;
(iv) shore power; or
(v) other energy efficiency improvements.
(B) Deploy technology or processes that reduce idling of
vehicles at a port or port facility.
(C) Reduce the direct emissions of greenhouse gases and
other air pollutants with a goal of achieving zero emissions,
including by replacing and retrofitting equipment (including
vehicles onsite, cargo-handling equipment, or harbor vessels)
at a port or port facility.
(5) Prohibited use.--An eligible entity may not use a grant
provided under this section--
(A) to purchase fully automated cargo handling equipment;
(B) to build, or plan to build, terminal infrastructure
that is designed for fully automated cargo handling
equipment;
(C) to purchase, test, or develop highly automated trucks,
chassis, or any related equipment that can be used to
transport containerized freight; or
(D) to extend to any independent contractor, independent
owner, operator, or other entity that is not using employees
for the sake of performing work on terminal grounds.
(6) Coordination with stakeholders.--In developing a
climate action plan under paragraph (2), an eligible entity
shall--
(A) identify and collaborate with stakeholders who may be
affected by the plan, including local environmental justice
communities and other near-port communities;
(B) address the potential cumulative effects of the plan on
stakeholders when those effects may have a community-level
impact; and
(C) ensure effective advance communication with
stakeholders to avoid and minimize conflicts.
(c) Priority.--In awarding grants under this section, the
Administrator of the Environmental Protection Agency shall
give priority to applicants proposing--
(1) to strive for zero emissions as a key strategy within
the grantee's climate action plan under paragraph (2);
(2) to take a regional approach to reducing greenhouse gas
emissions at ports;
(3) to collaborate with near-port communities to identify
and implement mutual solutions to reduce air pollutants at
ports or port facilities affecting such communities, with
emphasis given to implementation of such solutions in near-
port communities that are environmental justice communities;
(4) to implement activities with off-site benefits, such as
by reducing air pollutants from vehicles, equipment, and
vessels at sites other than the port or port facilities
involved; and
(5) to reduce localized health risk pursuant to health risk
reduction goals that are set within the grantee's climate
action plan under paragraph (2).
(d) Model Methodologies.--The Administrator of the
Environmental Protection Agency shall--
(1) develop model methodologies which grantees under this
section may choose to use for emissions accounting and
inventory practices referred to in subsection (b)(3)(C); and
(2) ensure that such methodologies are designed to measure
progress in reducing air pollution at near-port communities.
(e) Definitions.--In this section:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``cargo-handling equipment'' includes--
(A) ship-to-shore container cranes and other cranes;
(B) container-handling equipment; and
(C) equipment for moving or handling cargo, including
trucks, reachstackers, toploaders, and forklifts.
(3) The term ``eligible entity'' means--
(A) a port authority;
(B) a State, regional, local, or Tribal agency that has
jurisdiction over a port authority or a port;
(C) an air pollution control district; or
(D) a private entity (including any nonprofit organization)
that--
(i) applies for a grant under this section in collaboration
with an entity described in subparagraph (A), (B), or (C) ;
and
(ii) owns, operates, or uses a port facility, cargo
equipment, transportation equipment, related technology, or a
warehouse facility at a port or port facility.
(4) The term ``environmental justice community'' means a
community with significant representation of communities of
color, low-income communities, or Tribal and indigenous
communities, that experiences, or is at risk of experiencing,
higher or more adverse human health or environmental effects.
(5) The term ``harbor vessel'' includes a ship, boat,
lighter, or maritime vessel designed for service at and
around harbors and ports.
(6) The term ``inland port'' means a logistics or
distribution hub that is located inland from navigable
waters, where cargo, such as break-bulk cargo or cargo in
shipping containers, is processed, stored, and transferred
between trucks, rail cars, or aircraft.
(7) The term ``port'' includes an inland port.
(8) The term ``stakeholder'' means residents, community
groups, businesses, business owners, labor unions, commission
members, or groups from which a near-port community draws its
resources that--
(A) have interest in the climate action plan of a grantee
under this section; or
(B) can affect or be affected by the objectives and
policies of such a climate action plan.
(f) Authorization of Appropriations.--
(1) In general.--To carry out this subtitle, there is
authorized to be appropriated $250,000,000 for each of fiscal
years 2021 through 2025.
(2) Development of climate action plans.--In addition to
the authorization of appropriations in paragraph (1), there
is authorized to be appropriated for grants pursuant to
subsection (a)(2) to develop climate action plans $50,000,000
for fiscal year 2021, to remain available until expended.
The SPEAKER pro tempore. Pursuant to House Resolution 1129, the
gentlewoman from Colorado (Ms. DeGette) and the gentleman from Oregon
(Mr. Walden) each will control 10 minutes.
The Chair recognizes the gentlewoman from Colorado.
Ms. DeGETTE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this en bloc amendment contains a number of important
amendments from within the jurisdiction of the Energy and Commerce
Committee that will improve the underlying bill. I know some of the
sponsors will be here to talk about their amendments in particular. I
rise today in support of my amendments to H.R. 4447.
Mr. Speaker, as Members of Congress, we have a responsibility to
ensure that every man, woman, and child in this country has access to
clean air to breathe and safe water to drink. We also have a
responsibility to help lead this Nation in doing its part to stave off
the worst impacts of the climate crisis.
For far too long now, we as a body have failed at those
responsibilities, and, as a result, millions of Americans are living in
areas that are suffering from large amounts of pollution, and the
threat that we face from climate change is growing day by day.
Right in my district, I have communities like Swansea, Elyria, and
Globeville, where residents have been suffering for years from large
amounts of pollution that are produced by nearby plants. These
communities, at-risk communities, environmental justice communities,
are bearing the brunt of our failures.
{time} 1145
And so the amendments that I am introducing today seek to address
this injustice.
[[Page H4933]]
The first amendment would require the EPA to identify 100 communities
across this country most affected by nearby sources of pollution and
work to clean them up.
The second amendment that I have included in the bill would limit the
amount of methane gas that oil drillers are allowed to release into our
atmosphere from public lands. When we, as a nation, fail to enact
measures like these, it is often the poorest among us who suffer the
most.
Therefore, I urge my colleagues to do the right thing, to help
address these crises by supporting my amendments and all of the rest of
the amendments included in this en bloc amendment.
Mr. Speaker, I reserve the balance of my time.
Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume.
I rise in opposition to the amendment.
Many of these amendments reflect, frankly, the costly Green New Deal
policies of the Progressive left. We think they mandate dramatic and,
frankly, unrealistic changes to our energy and transportation systems
with little to no consideration for affordability, or especially the
reliability of energy for Americans, or our growing dependence on China
for critical minerals.
That China supply chain is something I think we could find common
ground on at some point, and we must, as a country.
The bill ignores hardworking blue-collar workers and rewards so-
called green-collar workers instead.
Provisions that we thought we had reached common ground on in the
Energy and Commerce Committee were stripped out.
These amendments will provide billions of dollars of additional
grants and assistance to cities in urban areas, but at the expense of
rural America. We are one country, and we should be united in assisting
our people, regardless of where they live.
The amendments expand rebate programs and create a patchwork of new
energy-efficiency standards, raising costs for consumers.
If there is one thing I hear most, it is people are concerned about
how costs are going up, especially during this period.
They provide even more green giveaways, things like appliances and
vehicles, at a time when most Americans are struggling with the
economic fallout from this pandemic.
Clearly, Democrats want to spend the taxpayers' dollars on their
Green New Deal wish list, following the lead of California, who has had
its own set of problems with reliability on its energy grid.
None of these issues raised by these amendments have gotten a hearing
or debate in committee. One of them, dealing with the Klamath River
Dams around my district, would short circuit the public licensing
process at the Federal Energy Regulatory Commission. It steps all over
this public process that is enshrined in law.
It is a blatant attempt to legislate the removal of these dams, and
wherever you are on that issue--for or against removing the dams--we
think this sets a dangerous precedent by rolling back the longstanding
protections and due process afforded through the well-established
Federal licensing process. So both sides should be concerned about that
amendment in this bill.
Republicans offered amendments to lower the cost of energy. We
offered amendments to develop innovative new technologies, and we
offered amendments to reduce permitting delays.
Unfortunately, Democrats refuse to let those amendments be debated on
this House floor or voted on this House floor.
The Democratic amendments we are all debating today will not result
in meaningful reforms to the permitting and licensing process so we can
rebuild our economy and recover from the COVID pandemic.
So I have to urge my colleagues to join me in opposing these
amendments and the underlying bill.
I reserve the balance of my time.
Ms. DeGETTE. Mr. Speaker, I am now pleased to yield 2 minutes to the
gentlewoman from Pennsylvania (Ms. Wild).
Ms. WILD. Mr. Speaker, I support H.R. 4447 which, in broad strokes,
would reform U.S. energy policy by making investments in energies that
will reduce our carbon footprint.
My amendment is offered, not as a critique of the underlying bill,
but to fulfill a promise made to constituents in my community that we
can simultaneously invest in cleaner energy and in our workforce.
My amendment creates opportunities for workers at risk of being
displaced so that they can begin or continue a career in construction.
For those in coal or other related industries, this amendment offers
cost-shared grants to pay for pre-apprenticeship training in cleaner
energy career paths. My amendment prioritizes grants to entities that
have a successful history of placing pre-apprentice graduates into full
apprenticeship programs or into gainful employment, and it supports
local businesses by creating a sliding scale of Federal cost sharing,
devoting a greater percentage of resources to small, local businesses
rather than to larger businesses that already have the financial
wherewithal to transition workers.
I urge a ``yes'' vote.
Mr. WALDEN. Mr. Speaker, I have one more speaker who wanted to speak,
but he is not here.
I apparently have the right to close, so if the gentlewoman would
like to go ahead while we wait for our other Member, I reserve the
balance of my time.
Ms. DeGETTE. Mr. Speaker, I would just say that the debate has been
brief, but the substance of this en bloc amendment is large--many
amendments designed in totality to deal with climate change to help our
environment and to help make sure that we support disadvantaged
communities in this country and communities affected by environmental
justice issues.
So I would just urge a ``yes'' vote on this en bloc amendment, and I
yield back the balance of my time.
Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume.
In closing, and I, again, I think I outlined pretty clearly some of
our concerns with this measure. I think there is a lot we could find
common ground on in the energy picture, certainly for working Americans
and especially those dealing with the pandemic. But raising costs and
increasing delays is not part of what we can support.
I urge opposition, and I yield back the balance of my time.
Mr. THOMPSON of California. Mr. Speaker, I rise today in strong
support of my amendment to H.R. 4447, the Clean Economy Jobs and
Innovation Act.
This commonsense amendment clarifies that energy saved through the
use of geothermal pumps qualifies as renewable energy produced for the
purposes of this bill.
Battling climate change and reducing greenhouse gas emissions will
require an innovative, multi-pronged approach.
And geothermal pump technology must be a tool available for us to
use.
Geothermal pumps work to reduce energy consumption by transferring
and concentrating heat energy absorbed from the earth.
These installations can reduce energy use in buildings by over 40
percent.
My amendment clarifies that these energy savings count as renewable
energy produced, recognizing that geothermal pumps remain a critical
part of our effort to reduce emissions and defeat climate change.
I urge my colleagues to support this amendment.
The SPEAKER pro tempore. Pursuant to House Resolution 1129, the
previous question is ordered on the amendments en bloc offered by the
gentlewoman from Colorado (Ms. DeGette).
The question is on the amendments en bloc.
The en bloc amendments were agreed to.
A motion to reconsider laid on the table.
Amendments En Bloc No. 3 Offered by Mr. Pallone of New Jersey
Mr. PALLONE. Madam Speaker, I have amendments en bloc at the desk.
The SPEAKER pro tempore (Ms. DelBene). The Clerk will designate the
amendments en bloc.
Amendments en bloc No. 3 consisting of amendment Nos. 12, 13, 28, 30,
51 and 91, printed in part B of House Report 116-528, offered by Mr.
Pallone of New Jersey:
Amendment No. 12 Offered by Mr. Burgess of Texas
At the end of subtitle F of title XII, insert the
following:
SEC. 12607. REPORT TO CONGRESS.
The Secretary of Energy shall report to Congress on the
effect of variable and distributed energy resources on the
reliability
[[Page H4934]]
of the electric grid, specifically pertaining to natural
disasters and physical or cyber attacks on the grid
infrastructure.
Amendment No. 13 Offered by Mr. Burgess of Texas
Add after section 12606 the following:
SEC. 12607. REPORT ON DUPLICATION OF EFFORTS AMONG APPLIED
ENERGY PROGRAMS.
Not later than 6 months after the date of the enactment of
this Act, the Secretary of Energy shall report to Congress
that includes the following:
(1) A description of potential duplication of research
efforts among the applied energy programs of the Department
of Energy.
(2) An evaluation of the opportunity costs associated with
such duplication.
(3) Recommendations on how to streamline the research grant
process.
(4) A description of the effects of combining projects that
are duplicative with one another.
Page 9, after the matter relating to Section 12606, insert
the following:
Sec. 12607. Report on duplication of efforts among applied energy
programs.
Amendment No. 28 Offered by Mr. Graves of Louisiana
Page 236, line 4, strike ``and''.
Page 236, after line 4, insert the following:
(ii) the ability to domestically source necessary critical
mineral necessary for solar production; and
Page 236, line 5, strike ``(ii)'' and insert ``(iii)''.
Amendment No. 30 Offered by Mr. Graves of Louisiana
Page 466, line 23, after ``program'' insert ``including
increases or decreases in net imports of critical minerals as
a result of activities carried out under this section''.
Amendment No. 51 Offered by Mr. Lucas of Oklahoma
At the end of subtitle F of title XII, add the following:
SEC. 126__. SENSE OF CONGRESS.
It is the sense of Congress that in order to reduce global
emissions and meet 100 percent of the power demand in the
United States through clean, renewable, or zero emission
energy sources while maintaining U.S. competitiveness in
science and technology, the United States must prioritize
investment in domestic energy sources and supply chains, as
well as investment in the research and development of
exportable next-generation energy technologies.
Amendment No. 91 Offered by Mr. Wilson of South Carolina
Page 425, line 20, strike ``and''.
Page 426, line 14, strike the period and insert ``; and''.
Page 426, after line 14, insert the following:
``(11) evaluate potential demonstration sites across the
Department of Energy complex.''.
The SPEAKER pro tempore. Pursuant to House Resolution 1129, the
gentleman from New Jersey (Mr. Pallone) and the gentleman from Oregon
(Mr. Walden) each will control 10 minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. PALLONE. Madam Speaker, I intend to speak in opposition to the
amendment, so I reserve the balance of my time.
Mr. WALDEN. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of these amendments which are
focused on ways to improve options and reduce the cost of energy for
American consumers. Our amendments put consumers first.
These amendments also address important issues such as grid
reliability--that means when you flip the light switch, the lights come
on consistently; streamlining research at the Department of Energy to
promote innovation and technological development and nuclear research
for advanced nuclear power.
There are also much-needed efforts to reduce our reliance on critical
minerals, especially from China. Republicans have been sounding the
alarm about our growing reliance on critical minerals and their use in
all sorts of energy technologies. This is how we make batteries,
windmills, and solar panels and we have become too dependent on foreign
countries for those critical minerals.
We are also very concerned that the underlying bill, which is based
on the Green New Deal, will trade away our energy independence and make
us more reliant on countries like China and their abysmal record on
human rights, environment, and trade.
So, Madam Speaker, I urge my colleagues to join me in supporting
these commonsense amendments to H.R. 4447, and I reserve the balance of
my time.
{time} 1200
Mr. PALLONE. Madam Speaker, I yield myself such time as I may
consume. I will be speaking in opposition to this bloc of amendments.
My colleagues on the other side of the aisle have argued that this
legislation picks winners and losers, and that amendments such as these
might help level the playing field. But I don't think that is the case.
The Clean Economy Jobs and Innovation Act authorizes investments in a
broad range of programs to unleash American energy innovation and
reform outdated policies that govern how we produce, distribute, and
consume energy. Rather than picking winners and losers, this bill takes
a portfolio approach to supporting the transition to a clean energy
economy--a transition that is already underway, but not at the pace
needed to avoid the worst and most costly consequences of climate
change.
For years, rapidly declining costs for solar, wind, storage, and
other technologies have made them cost-competitive with and, in many
cases, more cost-effective than conventional technologies.
The Clean Economy Jobs and Innovation Act doubles down on these
market trends, providing the tools, investments, and policy reforms
needed for the United States to lead the world in transitioning to a
cleaner future.
At the same time, the legislation invests in research, development,
and deployment of technologies to reduce emissions from traditional
sources of pollution. Importantly, it invests in carbon capture,
utilization, and storage to help reduce emissions from existing
facilities that are particularly challenging to decarbonize, especially
in the industrial sector.
So rather than picking winners and losers, the Clean Economy Jobs and
Innovation Act includes a broad array of tools to modernize our energy
system. Taken together, these tools will help make our energy system
cleaner, more efficient, more resilient, and more reliable.
That is why many pieces of this legislation have enjoyed such strong
bipartisan support, because they are commonsense investments that will
create jobs, protect consumers, and reduce pollution.
But these proposed amendments are not good faith efforts to build on
this bipartisan foundation. They are an attempt to water down this
legislation and slow the transition to a clean economy.
When we look across the globe, we see that this transition is already
underway, but that the United States is falling behind. The real
question is whether we want to regain our competitive edge and global
leadership in technology and innovation or whether we cede to the
competition.
I urge my colleagues not to be distracted by talking points about
picking winners and losers and focus on who actually wins when we
invest in innovation. Consumers win, workers win, and our environment
wins.
For these reasons, Madam Speaker, I oppose the en bloc amendments,
and I reserve the balance of my time.
Mr. WALDEN. Madam Speaker, I yield 3 minutes to the gentleman from
Oklahoma (Mr. Lucas), who is the top Republican on the Science, Space,
and Technology Committee and the former chairman of the Agriculture
Committee.
Mr. LUCAS. Madam Speaker, my amendment contained within this en bloc
emphasizes a critical priority for House Republicans. It expresses the
sense of Congress that the United States must prioritize investment in
domestic energy sources and supply chains, as well as in research and
development of exportable next-generation energy technologies.
This is absolutely necessary if we are going to maintain U.S.
competitiveness in science and technology while reducing emissions.
These priorities should play a key role in any realistic and
responsible global clean energy strategy.
With the current public health crisis, the need for sustainable
domestic energy chains has never been more important. Whether it is
medical supplies or energy sources, we need to be able to depend on our
own resources if foreign supply is voluntarily or involuntarily cut
off. That requires us to invest in basic research, which drives
breakthrough technologies.
For example, due in part to Federal investment in R&D that has led to
new
[[Page H4935]]
horizontal drilling and hydraulic fracturing technology, the American
shale revolution has led the U.S. to be a net exporter of natural gas
since 2018. This is how basic research results in energy independence,
an achievement our Nation must prioritize for long-term success.
Basic research is also instrumental in the fight against climate
change. For emissions reduction technologies like carbon capture,
storage, and utilization to be effective, they must be used globally.
Over the past 20 years, Asia has accounted for 90 percent of all
coal-fired capacity built worldwide, and these plants have potentially
long operational lifetimes ahead of them. We can't force them to change
their energy profile and amount of emissions, but we can make cleaner
energy technology appealing by making it efficient, inexpensive, and
commercially marketable.
If fundamental clean energy research is conducted here in the United
States and developed into deployable technology, we can export the
resulting knowledge, tools, and energy itself, as I mentioned with
natural gas. By investing in this way, we can grow U.S. industry,
reduce our reliance on foreign countries for innovation, and, most
importantly, make a significant impact on mitigating the effects of
global climate change.
If we want to innovate, and we want to export our technologies, we
have to focus on breakthrough science, not on propping up mature energy
technologies and slowing the development of new ones.
Madam Speaker, I urge my colleagues to support this position, my
amendment, and this en bloc.
Mr. PALLONE. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I include in the Record letters that we received in
support of the legislation from U.S. PIRG and the League of
Conservation Voters.
Dear Katie: On behalf of the U.S. Public Interest Research
Group, Environment America and our tens of thousands of
members, we urge you to support the Clean Economy Jobs and
Innovation Act (H.R. 4447). U.S. PIRG and Environment America
will consider scoring final passage and certain amendments on
our annual scorecard.
The American West is on fire, East Coast and Midwest
communities are facing major flooding, and southern states
are being battered with hurricanes. The climate crisis is
here and if we want to have any chance of avoiding its worst
impacts, it is imperative that we take swift action. The
``Clean Economy Jobs and Innovation Act'' marks significant
progress in the transition to a clean energy future and in
the reduction of greenhouse gas emissions.
Among the most impactful pieces, the legislation includes
provisions that:
Phase out the use of hydrofluorocarbons (HFCs), which are
extraordinarily potent climate pollutants, with hundreds to
thousands of times the heat-trapping power of CO2;
Reauthorize the Energy Efficiency Conservation and Block
Grant (EECBG) program, which provides $17.5 billion in
funding for schools, homes, government buildings, and
manufacturing facilities to improve efficiency and deploy
energy-efficient technologies;
Invest over $36 billion for transportation electrification,
including grants and rebates to deploy electric vehicles and
related charging infrastructure;
Direct DOE to establish new model building codes for states
to improve energy efficiency;
Preserve a policy that will eliminate all fossil fuel-
generated energy from federal buildings by the year 2030.
In addition to supporting the overarching bill, U.S. PIRG
and Environment America urge the following votes on
amendments:
Yes on Amendment 32. This amendment, sponsored by Reps.
Haaland, Tlaib and Ocasio-Cortez increases authorizations for
renewable energy R&D accounts by 50% and adds an
authorization for total funding for research, development,
demonstration and commercialization activities for energy
efficiency and renewable energy R&D.
Yes on En Bloc 1, Yes on En Bloc 2, No on En Bloc 3, YES on
En Bloc 4.
Sincerely,
Katie Murtha,
Vice President of Government Affairs, U.S. PIRG and
Environment America.
____
LCV,
Washington, DC, September 24, 2020.
Re Support H.R. 4447 and its pro-environment amendments.
Dear Representative: The League of Conservation Voters
(LCV) works to turn environmental values into national
priorities. Each year, LCV publishes the National
Environmental Scorecard, which details the voting records of
members of Congress on environmental legislation. The
Scorecard is distributed to LCV members, concerned voters
nationwide, and the media.
As the House debates H.R. 4447, the Clean Economy Jobs and
Innovation Act, LCV urges you to support the pro-environment
amendments and reject weakening or anti-environment
amendments, as listed below, and vote YES on final passage.
This bill includes many great provisions to develop and
deploy renewable and distributed energy resources; improve
the efficiency of our homes, schools, and businesses;
electrify our transportation sector; modernize the grid and
enhance its resiliency; prioritize the needs of environmental
justice communities; reduce climate pollution from industrial
and traditional sources, and from ambient air. Though we do
not support increased funding for projects that could extend
the life of fossil fuel-burning power plants or aging nuclear
power infrastructure or prop up undemonstrated new nuclear
projects, many of the amendments would improve those areas
and build upon the significant positive environmental aspects
of the bill. We urge support for amendments listed below
offered singly or en bloc that will make the bill even
stronger by protecting our communities and environment while
investing in clean energy research, development, and
deployment. And we urge you to reject anti-environment
amendments listed below offered singly or en bloc.
Pro-environment Amendments Include
Haaland (NM), Tlaib (MI), Ocasio-Cortez (NY) #169
This amendment would increase the authorization amounts for
renewable energy research and development by 50 percent such
that the total renewable energy innovation funding in the
package would exceed that of fossil fuel programs authorized
in the bill.
En Bloc #1
94. DeGette (CO) #122--Vote Yes.
This amendment would require that the Bureau of Land
Management (BLM) update its rules regarding methane emissions
from oil and gas wells leased on public lands and that
operators capture 85 percent of leaked methane--an air
pollutant and climate super-pollutant--within 3 years.
24. Escobar (TX) #77--Vote Yes.
This amendment would require that the DOE give special
consideration to institutions of higher education that serve
communities of color, so-called minority serving
institutions, in choosing entities for grants, contracts, or
cooperative agreements related to solar energy research and
development.
52. Lujan (NM), Castor (FL) #110--Vote Yes.
This amendment would make community solar projects more
accessible for all consumers and encourage states to set in
place policies to advance community solar.
72. Quigley (IL) #13--Vote Yes.
This amendment would direct the General Services
Administration, as feasible, to employee technologies and
strategies to reduce bird collisions at public buildings.
En bloc #2
2. Barragan (CA), Beyer (VA), Lee, Barbara (CA), et al. #57--
Vote Yes.
This amendment would establish a Climate Smart Ports
program at the Environmental Protection Agency (EPA) with a
$1B/year authorization. The program would provide grants for
deploying zero emissions technologies and clean energy
microgrids at ports and with port users.
3. Barragan (CA) #59--Vote Yes.
This amendment would increase by $40M per year the
authorization for EPA's Environmental Justice Small Grants
and Collaborative Problem-Solving Cooperative Agreements
Programs, and Community Action for a Renewed Environment
(CARE) I and II grants.
93. Blumenauer (OR) #152--Vote Yes.
This amendment would require DOE to compile and report upon
funding provided to the Light Water [nuclear] Reactor
Program, and establish an advisory committee to report on
this annually.
7. Blunt Rochester (DE) #44--Vote Yes.
This amendment would provide $18B to upgrade energy
efficiency and install clean energy systems in critical
public buildings like schools and hospitals.
16. Clarke, Yvette (NY) #2--Vote Yes.
This amendment would establish an EPA pilot program to
provide grants, rebates and low-cost revolving loans to
projects that replace an existing diesel-powered
refrigeration unit in a heavy-duty vehicle with an electric
unit or install electric shore power infrastructure to
decrease idling of refrigerated trucks.
25. Finkenauer (IA) #131--Vote Yes.
This amendment would require certain labor standards,
including prevailing wages, for projects getting funding from
provisions in the bill.
35. Hayes (CT), Cardenas (CA) #71--Vote Yes.
This amendment would set aside $100M of the $130M/year
reauthorization of EPA's Clean School Bus Program for grants
to replace existing fossil fuel-powered school buses with
zero emission school buses.
61. Omar (MN) #172--Vote Yes.
This amendment would require that the U.S. Treasury
identify and quantify the economic cost of any fossil fuel
subsidies not eliminated by this bill or its amendments.
[[Page H4936]]
74. Rouda (CA) #11--Vote Yes.
This amendment would allow states to set appliance energy
efficiency standards if the Department of Energy (DOE) missed
statutory deadlines to review and issue new standards.
88. Waters (CA) #103--Vote Yes.
This amendment would require that the DOE analyze state
grants on smart manufacturing to see if they benefit diverse
communities.
En bloc #4
34. Harder (CA) #135--Vote Yes.
This amendment would require institutions of higher
education in the Centers of Excellence program to consider
the public health effects of wildfire smoke on outdoor
workers and improves required outreach and collaboration with
states, tribes, and local government and other institutions.
46. Levin, Mike (CA), Bonamici (OR), Neguse (CO) #37--Vote
Yes.
This amendment would create a program to improve wildfire
smoke modeling and predictions of smoke severity and direct
the EPA to better research the negative health effects from
wildfire smoke.
68. Pingree (ME), Spanberger (VA) #29--Vote Yes.
This amendment would add agricultural, grazing, and
forestry practices to DOE's priorities in its carbon removal
research and development, in order to advance natural
systems' ability to capture and store carbon.
Anti-Environment Amendments Include
En Bloc #3
91. Wilson, Joe (SC) #40--Vote No.
This amendment would require DOE to evaluate potential
sites in the DOE footprint for advanced nuclear research and
demonstration programs.
We urge you to SUPPORT H.R. 4447 and the pro-environment
amendments listed above, and oppose anti-environment
amendments. We will strongly consider including votes on this
legislation in the 2020 Scorecard. If you need more
information, please call my office at (202) 785-8683 and ask
to speak with a member of our government relations team.
Sincerely,
Gene Karpinski,
President.
Mr. PALLONE. Madam Speaker, I wanted to reference some parts of this.
With regard to the League of Conservation Voters, they specifically
say that, with regard to H.R. 4447, they urge support for the
legislation in general and specifically ask that we reject weakening
the antienvironmental amendments as listed below, and that includes
this amendment en bloc No. 3. They say that we should vote ``no''
because the amendment would require the Department of Energy to
evaluate potential sites in the DOE footprint for advanced nuclear
research and demonstration programs.
In addition to that, in the letter from U.S. PIRG, it says: ``On
behalf of the U.S. Public Interest Research Group, Environmental
America, and our tens of thousands of members, we urge you to support
the Clean Economy Jobs and Innovation Act.''
It talks about how the West is on fire and the hurricanes. ``The
climate crisis is here, and if we want to have any chance of avoiding
its worst impacts, it is imperative that we take swift action. The
Clean Economy Jobs and Innovation Act marks significant progress in the
transition to a clean energy future and in the reduction of greenhouse
gas emissions.''
It goes on to talk about the various provisions and how they are
helpful during the climate crisis. Then, it also specifically asks and
urges a ``no'' vote on this en bloc amendment No. 3 because they do not
consider that useful in terms of addressing the climate crisis, and it
is actually counter to environmental concerns.
Madam Speaker, I reserve the balance of my time.
Mr. WALDEN. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I just want to say in response to my friend and the
words that he read, the groups he has identified, the notion that they
would have these statements about wildfires in the West when, for 20
years, I have battled them to try to get more active forest management
in our Western forests, and they oppose nearly everything we have tried
to do to get our forests back into balance with nature. It is just a
bit absurd today, as someone who has seen the devastation, and then
seeing their politics and the fundraising they do off this and the
scare tactics they level, and then the destruction that occurs to
habitats, wildlife, forests, and forested communities. And they stand
in the way of it all. So the gentleman can have them.
Madam Speaker, I yield 2 minutes to the gentleman from Ohio (Mr.
Johnson).
Mr. JOHNSON of Ohio. Madam Speaker, I rise today to speak about a
missed opportunity, a missed opportunity to deliver for the American
people an energy strategy that advances America's exceptionalism.
Instead, while this energy package isn't quite the radical left's Green
New Deal, it is certainly inspired by it.
Madam Speaker, you have heard about the dozens of other amendments
Republicans offered to show our vision for America's energy future,
including two of mine that would break down regulatory barriers to
export more American LNG and advance America's nuclear power
technology. But those amendments were ruled out of order by the
majority.
What we are left with is unserious legislation that picks winners and
losers, throws billions of taxpayer dollars at green pet projects, and
lacks the needed regulatory reforms to bring America's energy economy
into the 21st century.
Energy dominance is key for America to remain at the head of the
global leadership table. Unfortunately, today was a missed opportunity
to strengthen America's position, an exercise in futility since the
Senate will not consider this bill, nor should it.
Madam Speaker, while I support this Republican en bloc of amendments,
I urge my colleagues to oppose the underlying bill.
Mr. WALDEN. Madam Speaker, may I ask how much time each side has
remaining.
The SPEAKER pro tempore. The gentleman from New Jersey has 6 minutes
remaining. The gentleman from Oregon has 4\1/2\ minutes remaining.
Mr. PALLONE. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, first of all, I wanted to rebut what was just said by
my colleague on our committee from the other side. The reality is that
this bill is designed with the hope that we can come to a consensus on
an energy package with the Senate on a bipartisan basis.
In fact, Senator Lisa Murkowski and Senator Joe Manchin are putting
together an emergency package, which is not exactly the same as this,
but the idea would be that we would have some kind of informal
conference and actually adopt a bill that we have a consensus on before
the end of this session. I will point out that we actually worked very
hard to try to do that 2 years ago and came very close to accomplishing
it.
So I don't want anyone here to think that this is a message vehicle.
This is a vehicle that is exactly designed to try to reach an agreement
on an energy package, albeit not a big one, that we could actually get
signed into law by the end of the year.
Madam Speaker, I also want to rebut the idea--somehow there is always
this suggestion that when you do anything on our side of the aisle that
it is not helping create more jobs. The reality is this bill is
designed to do exactly that, to create more jobs. The bill supports the
energy industry by providing resources for projects, jobs, and
technology interests, which are looking forward and necessary for the
energy transition.
Clean energy, renewables, and energy efficiency sectors employ
millions of Americans. As demand for these technologies increases and
as prices decrease, these sectors will continue to grow. However,
COVID-19 has harmed energy jobs across the board. Delayed or canceled
projects, as well as social distancing, have particularly affected
clean energy jobs and energy efficiency jobs. So this bill supports the
necessary sectors by investing in technologies and jobs that are
future-looking and can meet the challenge of climate change.
My colleagues on the other side keep thinking of the energy sector as
something that is totally oriented toward fossil fuels. The reality is
that other countries, and us, we have to move toward a clean energy
economy that creates jobs. This bill includes workforce provisions that
help provide training and transition resources for the energy sector.
The bill includes Chairman Rush's Blue Collar to Green Collar Jobs
Development Act that establishes a nationwide program at the Department
of Energy to improve education and energy-
[[Page H4937]]
related industries. It trains underserved groups, including women,
minorities, veterans, and unemployed energy workers, for energy
careers. It supports the industries and jobs we need to navigate the
energy transition.
Again, I am not someone who says that we are only going to have
certain energy sectors. We are going to need everything. But the bottom
line is, we do have to think that, in the future, there is going to be
a lot more in the clean energy sector than solar and wind. If we don't
start investing in and promoting the technologies, we are going to be
left behind, and we are going to lose jobs. This helps us gain those
jobs.
I reserve the balance of my time, Madam Speaker.
Mr. WALDEN. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I appreciate the comments of my friend from New
Jersey, the chairman of our committee. Unfortunately, however, the fact
of the matter on the blue collar to green collar jobs program is that
the workforce training program would open the door for grants to help
Americans get the education resources they need to be able to work in
these areas. We had agreed that both those who worked in coal jobs and
those who worked in nuclear jobs would be eligible for those grants as
well.
The underlying proposal that came out of our committee provided for
workforce training for those men and women who work in coal-related
jobs as well as in nuclear, but that got stripped out.
So, Madam Speaker, if you are working in the nuclear energy industry
or you are somehow connected to the coal industry, you have just been
taken out of the mix to get additional grants for workforce training.
Madam Speaker, I yield 2 minutes to the gentleman from Louisiana (Mr.
Graves).
{time} 1215
Mr. GRAVES of Louisiana. Madam Speaker, I thank my friend from Oregon
for yielding.
Madam Speaker, first of all, I respond to comments earlier from my
friend from New Mexico (Mr. Lujan), who noted that the Congressional
Budget Office's score on this bill was zero.
Madam Speaker, as we all know, this bill authorizes $135 billion in
new programs. And so if my friend from New Mexico is suggesting that
this whole thing is a charade and that my friends across the aisle do
not anticipate actually seeking appropriations for this legislation,
then it would be very interesting to hear those comments, but I think
to suggest that the bill does not implicate appropriations is simply
misleading, and I would urge that we have more transparency in this
process.
Madam Speaker, we have two amendments that are in this en bloc, and
what they do is, they focus on the critical minerals, the rare Earth
minerals that are important components of renewable energy. It is what
is used in solar panels. It is what is used in energy storage
technology. You can't suddenly say, Hey, we are going to use
renewables, and not address this component.
What happens is the United States has become energy independent, and
we have done that because of the policies that have been enacted over
the last few years. What this bill does is, by not addressing the
critical minerals, we become energy dependent again. We become
dependent upon China, dependent upon Africa, and other nations where
China controls the resources. Why would we do that to ourselves?
So we have an amendment in this en bloc that helps to address that
because we have those minerals right here in the United States. Why in
the world would we go mine them in other countries that have lower
environmental standards to where you have a net adverse impact on the
global environment?
Madam Speaker, this is trying to nationalize California policy--the
8th worst emissions in the United States is in California, twice the
electricity costs of my home State of Louisiana. Why would we want to
do that to Americans, disproportionately impacting the poor?
So we set up this farce process where this amendment goes down to
where we miss the opportunity to ensure that we truly advance an
America-first independent energy policy.
Madam Speaker, I urge opposition to this underlying legislation.
Mr. PALLONE. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, what I get from the other side of the aisle is that
somehow they think we are going to live in splendid isolation here. I
mean, that might have been nice in the 19th century or the 18th
century, or whenever, but that is not the reality of today. The reality
is we are in constant competition around the world.
And while other countries move towards a clean economy--whether it is
Europe, Japan, whatever it is--they are then investing--not just them,
China, India--they are then investing in these new technologies. And if
I could use solar energy as an example: If we had taken the initiative
a few years ago to actually invest in solar panels and wind turbines
and the technologies that were coming about, we would have been able to
sell a lot more of those panels and those turbines around the world and
also use them for our own clean economy or clean initiatives.
Instead, we didn't, and now most of the solar panels are built in
China, exported to the United States.
You cannot fall behind. If you fall behind in these technologies,
then you are not going to be competitive, and you are going to lose out
on this race, and you are going to have fewer jobs. You can't just put
your head in the sand, like some kind of ostrich, and say to the rest
of the world, We don't care, it doesn't matter. It does matter.
And all we are saying in this bill--and this is not the type of
overall major climate bill that we would have to do eventually--this is
a down payment. And the idea is to look at certain things that we can
do now to invest in technology, to look at innovation so that we don't
fall behind, and we create the clean jobs of the future.
In addition to that, the bill deals with energy efficiency, which is
something that my colleagues on the other side of the aisle have never
opposed--more resiliency. These are things that are important to deal
with the climate changes that have occurred, to deal with the
wildfires, to deal with the hurricanes, so that our grid and everything
is more resilient and we can deal with the impact of the climate
crisis.
Madam Speaker, I know that I am not going to be able to convince most
Republicans to support this. I am hoping that some will, and I am
hoping that when we get this passed and we have conversations with the
Senate, that we can actually do some kind of down payment in terms of
creating the clean jobs of the future. And then in the next session of
Congress, we will do a much larger initiative dealing with climate
change.
Madam Speaker, I reserve the balance of my time.
Mr. WALDEN. Madam Speaker, may I inquire how much each side has
remaining.
The SPEAKER pro tempore. The gentleman from Oregon has 1\1/2\ minutes
remaining. The gentleman from New Jersey has 30 seconds remaining.
Mr. WALDEN. Madam Speaker, I am prepared to close, and I yield myself
such time as I may consume.
Madam Speaker, the chairman and I have had a wonderful working
relationship during our time on the Committee on Energy and Commerce.
I understand where he is headed with this. I just wish some of the
things had been agreed to in a bipartisan way and the committee would
have held firm as we moved forward with energy legislation. Everybody
has got to do it their own way.
I always figured that if I could come out of the House with a 300- or
400-vote margin and a big bipartisan push, we would have a lot more
leverage with our friends in the Senate, regardless of who controlled
the Senate. But a different path has been chosen here.
Part of what we are concerned about on the Republican side is this
supply chain vulnerability. And what we are arguing here is that we
have witnessed what happens when we have a supply chain vulnerability
during this pandemic. In fact, the very face mask that we are wearing--
this one, actually, my wife made--we couldn't get because China locked
it down.
We have seen that play out. Heck, you couldn't even get toilet paper
and
[[Page H4938]]
paper towels. Now that wasn't necessarily a China problem, but supply
chains matter. Reliability on supply chains matters.
And we have, as a country, locked up access to many of our areas on
mining where you would get critical minerals. And we have relied on
other countries and now, principally, China for our critical mineral
supply chain. And you have to have that for our mobile phones, you have
to have it for batteries. And a lot of things, frankly, we all agree
on, is the future for technology requires critical minerals.
And meanwhile, China has gone around the world and locked up these
resources in Africa and elsewhere, and as a result, they are really
dominant in this space. And I don't want us to be reliant on any other
country, if we can avoid it. I realize we are global and there are
things we don't have here that we need to acquire elsewhere.
Madam Speaker, we offered up these amendments and we look forward to
further debate.
Mr. Speaker, I yield back the balance of my time.
Mr. PALLONE. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I am certainly sympathetic to this idea that we have
to do more manufacturing here and not rely on overseas, but I believe
very strongly that is what this bill is all about. It accomplishes the
goal of moving forward with clean energy innovation and technology and
bringing more manufacturing here. And I believe the amendment, this en
bloc amendment, will not help in that regard and, in fact, makes this a
bill less prone to accomplish the goal of clean energy and job
creation.
Madam Speaker, I would urge opposition to the en bloc amendment, and
I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 1129, the
previous question is ordered on the amendments en bloc offered by the
gentleman from New Jersey (Mr. Pallone).
The question is on the amendments en bloc.
The en bloc amendments were rejected.
A motion to reconsider was laid on the table.
Amendment No. 32 Offered by Ms. Haaland
The SPEAKER pro tempore. It is now in order to consider amendment No.
32 printed in part B of House Report 116-528.
Ms. HAALAND. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 4, in the table of contents, after the matter relating
to section 2562, insert the following:
Part 5--Energy Efficiency and Renewable Energy Research and Development
Sec. 2571. Authorization of appropriations.
Page 241, strike lines 21 through 25 and insert the
following:
(1) $441,000,000 for fiscal year 2021;
(2) $463,050,000 for fiscal year 2022;
(3) $486,202,500 for fiscal year 2023;
(4) $510,512,625 for fiscal year 2024; and
(5) $536,038,257 for fiscal year 2025.
Page 254, strike lines 4 through 8 and insert the
following:
(1) $163,800,000 for fiscal year 2021;
(2) $171,990,000 for fiscal year 2022;
(3) $180,589,500 for fiscal year 2023;
(4) $189,618,975 for fiscal year 2024; and
(5) $199,099,923 for fiscal year 2025.
Page 275, strike lines 4 through 8 and insert the
following:
``(1) $182,062,500 for fiscal year 2021;
``(2) $199,125,000 for fiscal year 2022;
``(3) $216,187,500 for fiscal year 2023;
``(4) $225,750,000 for fiscal year 2024; and
``(5) $227,812,500 for fiscal year 2025.''.
Strike page 295, line 23, through page 296, line 18, and
insert the following:
``(1) $229,125,000 for fiscal year 2021, including
$168,870,000 for marine energy and $60,255,000 for hydropower
research, development, and demonstration activities;
``(2) $236,517,450 for fiscal year 2022, including
$174,454,800 for marine energy and $62,062,650 for hydropower
research, development, and demonstration activities;
``(3) $244,187,873 for fiscal year 2023, including
$180,263,343 for marine energy and $63,924,530 for hydropower
research, development, and demonstration activities;
``(4) $252,147,209 for fiscal year 2024, including
$186,304,944 for marine energy and $65,842,265 for hydropower
research, development, and demonstration activities; and
``(5) $260,406,837 for fiscal year 2025, including
$192,589,304 for marine energy and $67,817,533 for hydropower
research, development, and demonstration activities.''.
Page 299, after line 8, insert the following:
PART 5--ENERGY EFFICIENCY AND RENEWABLE ENERGY RESEARCH AND DEVELOPMENT
SEC. 2571. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Energy or their designee to carry out research, development,
demonstration, and commercial application activities under
the Office of Energy Efficiency and Renewable Energy--
(1) $3,228,500,000 for fiscal year 2021;
(2) $3,250,775,500 for fiscal year 2022;
(3) $3,291,488,750 for fiscal year 2023;
(4) $3,334,238,188 for fiscal year 2024; and
(5) $3,379,125,097 for fiscal year 2025.
The SPEAKER pro tempore. Pursuant to House Resolution 1129, the
gentlewoman from New Mexico (Ms. Haaland) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentlewoman from New Mexico.
Ms. HAALAND. Madam Speaker, I rise today to offer this amendment with
my cosponsors, Representatives Tlaib and Ocasio-Cortez, in order to
speed us along the path to a renewable energy future.
Our amendment increases the authorization levels for solar, wind,
geothermal and water-based energy research and development programs by
50 percent over the levels currently in the bill for each of the 5
years the bill covers.
The amendment also adds an overall authorization level for research,
development, deployment, and commercial application activities within
DOE's Office of Energy Efficiency and Renewable Energy. For each of the
5 years in the bill, those authorization levels are 110 percent of the
funding levels for the carbon pollution reduction R&D activities in the
bill.
Technological innovation has long been seen as an important part of
our efforts to take on climate change, increase access to energy, and
reduce air pollution. Increasing the efficiency of solar cells of wind
turbines, developing new marine hydrokinetic generation technologies
and lighter electric motors, and improving the storage capacity and
lifetime of batteries are just some of the innovations that will help
us get to a 100 percent clean energy system.
But according to the International Energy Agency's Global Status of
Clean Energy Innovation Report for 2020, research and development
spending on clean energy by its member countries has been relatively
flat since 2012, after a doubling spurt between 2000 and 2012. Despite
that doubling, IEA member country public spending on R&D remains below
the levels it was in the 1980s.
Private sector spending has fluctuated with economic cycles--while
there have been some growth years, the 2007-2008 financial crisis and
the 2014 oil price crash led to slowdowns in corporate clean energy
R&D, and the share of global early stage venture capital investment
going into clean energy has halved since 2012.
And now, the COVID-19 pandemic has had a dramatic negative impact on
private sector funding for clean energy innovation, which is likely to
cause setbacks in the timeline for developing and improving clean
energy technologies.
The pandemic will also hurt demonstration projects and early adoption
of technologies that provide essential opportunities for us to ``learn
by doing'' and figure out how to overcome practical obstacles to
widespread deployment of new technologies.
The timing is extremely unfortunate because, as the IEA report makes
clear, we need to be accelerating clean energy innovation to give the
world the best chance to achieve our climate goals, and without strong
sustained investment, our chances of success are dwindling.
Madam Speaker, that is why our amendment is so important. With
climate change accelerating, we can't afford to wait. We need to
develop and deploy renewable energy widely soon, and to do that, the
Federal Government needs to invest in R&D and in deployment and the
technology maturation needed to enable widespread adoption of
renewables and their integration into our energy system.
This clean energy investment will be good for our planet and good for
taxpayers. Public renewable energy R&D in the United States has
delivered a 27 percent return on investment since 1975, with the
benefit-to-cost ratio of 33-1. By making these investments, we are
sending the message that renewable energy is our future, and we are
committing to making that a reality.
[[Page H4939]]
Madam Speaker, I urge my colleagues to join us in sending that
message by voting for our amendment, and I reserve the balance of my
time.
Mr. WALDEN. Madam Speaker, I claim the time in opposition to the
amendment.
The SPEAKER pro tempore. The gentleman from Oregon is recognized for
5 minutes.
Mr. WALDEN. Madam Speaker, I yield such time as he may consume to the
gentleman from Texas (Mr. Weber), the distinguished member of the
Committee on Science, Space, and Technology.
Mr. WEBER of Texas. Madam Speaker, I thank the gentleman for
yielding.
Madam Speaker, I rise in opposition to this amendment.
We have heard the same sensible logic from our side of the aisle
countless times over the past 24 hours as we have debated this bill and
these amendments. The package is over-funded, incorrectly prioritized,
and a partisan process nightmare.
So in a way, I guess it is fitting that this is the only standalone
amendment we will consider today. It is one that is seeking even more
funding for one of this bill's most misguided priorities.
{time} 1230
The United States Chamber of Commerce said it best when they penned
that this bill needed to avoid ``contentious and extraneous issues''
for this bill to be supported.
Let me tell you, the Democrats' unyielding focus on massive increases
to applied energy and, in particular, for the DOE's already well-funded
Office of Energy Efficiency and Renewable Energy is the most
contentious issue here.
By now, I am sure you can all say it along with me, but I cannot
stress it enough: It is basic research, not applied energy, that will
put us in the best global position to develop the long-term clean
energy solutions to address our changing climate and, yes, lay the
foundation for our clean and affordable energy future for generations
to come.
The Office of Energy Efficiency and Renewable Energy has grown
considerably, starting with what was supposed to be a temporary
recovery in the American Recovery and Reinvestment Act of 2009.
Remember that? Temporary.
What was it President Reagan said? There is nothing more permanent on
Earth than a temporary government program. Here is a great example.
Today it is funded at $2.8 billion, with a B, which is more than DOE's
research in fossil energy, nuclear energy, electricity, and
cybersecurity combined. And let me just say, there is no clean energy
future without nuclear energy.
H.R. 4447, just the base text, would spend more than $3.7 billion on
the EERE programs. Really? This amendment, which seeks to increase
authorizations by an additional 50 percent, can only be labeled as
irresponsible.
This is a contentious and extraneous issue. The country doesn't have
unlimited Federal research funds. It just doesn't. I am sorry to
disappoint y'all. It doesn't.
Look, it is difficult, but we must set priorities and invest
strategically. That is our job, folks. That is our job. This amendment
does exactly the opposite.
As the ranking member of the Subcommittee on Energy of the House
Science Committee, I support an all-of-the-above energy strategy, and,
yes, that includes renewable energy. Texas is number one in wind
energy. But supporting an all-of-the-above energy strategy does not
mean increasing Federal investment for every R&D program in perpetuity.
What did Reagan say? Closest thing to eternity.
I would like to ask my friends on the other side of the aisle, when--
w-h-e-n--do we let the mature technologies of wind--w-i-n-d--and solar
stand up on their own in the market without continued funding to
``reduce market barriers''? Market barriers? The only barrier is
commonsense thinking that we don't need to increase that funding. That
is the barrier we are struggling against here.
When do we acknowledge that the solar industry has an average annual
growth rate of--check this out--49 percent? And wind power has tripled
over the past decades, Texas being the leader. These industries don't
need our support for deployment. They are already in the market and
growing, for Pete's sake.
This kind of duplicative and shortsighted strategy, while it may
result in politically expedient talking points--I give y'all that.
Madam Speaker, I hope that we will vote against this. I hope you will
help us, Madam Speaker.
Ms. HAALAND. Madam Speaker, in closing, I would just like to say it
again: Technological innovation has long been seen as an important part
of our efforts to take on climate change and increase access to energy,
and my amendment will strengthen our investment in innovation.
I urge my colleagues to support this amendment, and I yield back the
balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 1129, the
previous question is ordered on the amendment offered by the
gentlewoman from New Mexico (Ms. Haaland).
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Ms. HAALAND. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3 of House Resolution
965, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Parliamentary Inquiry
Mr. WALDEN. Madam Speaker, point of parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state his parliamentary
inquiry.
Mr. WALDEN. Madam Speaker, I thought we had gotten past where we
couldn't reconsider, that was part of the motion, and so a recorded
vote was not in order.
The SPEAKER pro tempore. The yeas and nays were ordered on the
amendment, and further proceedings were postponed pursuant to clause 8
of rule XX.
Amendments En Bloc No. 4 Offered by Mr. Levin of California
Mr. LEVIN of California. Madam Speaker, as the designee of Chairman
Pallone, pursuant to House Resolution 1129, I offer amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc 4 consisting of amendment Nos. 33, 34, 46, 53, 62,
63, 68, 76, 82, and 92, printed in part B of House Report 116-528,
offered by Mr. Levin of California:
Amendment No. 33 Offered by Mr. Harder of California
Redesignate section 12606 as section 12607.
Insert after section 12605 the following new section:
SEC. 12606. WILDFIRE HAZARD SEVERITY MAPPING FOR ELECTRIC
TRANSMISSION AND DISTRIBUTION INFRASTRUCTURE.
(a) Map Required.--Not later than 2 years after the date of
the enactment of this section, the Secretary of Energy
shall--
(1) use the most recent LANDFIRE data to generate a
geospatial map for the conterminous United States that
depicts wildfire risk to electric utilities that--
(A) manage electric transmission infrastructure or rights-
of-ways on public lands; and
(B) maintain equipment that is at risk of igniting or being
impacted by wildland fire; and
(2) disseminate the information generated under paragraph
(1) in an appropriate format for use by electric utilities in
order to--
(A) improve understanding of wildfire risk;
(B) identify areas and assets at the highest risk;
(C) prioritize infrastructure maintenance and vegetation
management;
(D) identify opportunities for energy storage and microgrid
projects; and
(E) develop plans for regular and emergency access to
manage and mitigate wildfire risk.
(b) Consultation.--In carrying out subsection (a), the
Secretary of Energy shall consult with--
(1) the Secretary of Agriculture, acting through the Chief
of the Forest Service;
(2) the Secretary of the Interior;
(3) the Administrator of the Federal Emergency Management
Agency;
(4) other appropriate Federal agencies;
(5) States;
(6) relevant colleges, universities, and institutions of
higher education with relevant expertise; and
(7) other entities, as appropriate.
(c) Electric Utility Defined.--In this section, the term
``electric utility'' means--
(1) a rural electric cooperative;
(2) a political subdivision of a State, such as a
municipally owned electric utility, or
[[Page H4940]]
any agency, authority, corporation, or instrumentality of one
or more State political subdivisions; and
(3) an investor-owned utility.
Amendment No. 34 Offered by Mr. Harder of California
Page 891, line 12, insert ``(as defined in section 101(a)
of the Higher Education Act of 1965 (20 U.S.C. 1001(a)))''
after ``education''.
Page 891, line 15, insert ``, outreach, and community
engagement,'' after ``research''.
Page 891, line 16, insert ``, including the health of
outdoor workers,'' after ``public health''.
Page 891, after line 20, insert the following (and
redesignate the subsequent subparagraph accordingly):
(B) Priority.--In selecting institutions of higher
education at which to establish a center under subparagraph
(A), the Administrator shall give priority to institutions
that--
(i) have established expertise or dedicated centers for air
quality research;
(ii) have experience with relevant outreach and extension
work;
(iii) have established relationships with relevant Federal,
State, and local agencies, community organizations, and
Indian Tribes; and
(iv) are located in an area that is economically or
environmentally impacted by wildfire smoke.
Page 893, line 18, strike ``require.'' and insert
``require, which shall include plans to collaborate with a
public institution of higher education or other research
institution that--''.
Page 893, after line 18, insert the following:
(A) has established expertise or dedicated centers for air
quality research;
(B) has experience with relevant outreach and extension
work;
(C) has established relationships with relevant Federal,
State, and local agencies, community organizations, and
Indian Tribes; and
(D) is located in an area that is economically or
environmentally impacted by wildfire smoke.
Amendment No. 46 Offered by Mr. Levin of California
Redesignate section 12606 as section 12608.
Page 894, after line 6, insert the following new sections:
SEC. 12606. WILDFIRE SMOKE EMISSIONS MODELING AND FORECASTING
IMPROVEMENT PROGRAM.
(a) In General.--The Administrator of the National Oceanic
and Atmospheric Administration, in collaboration with other
Federal agencies and such academic entities as the
Administrator considers appropriate, shall maintain a program
to improve wildfire smoke emissions modeling and develop
smoke forecasts.
(b) Goal.--The goal of the program under subsection (a)
shall be to develop and extend accurate wildfire smoke
forecasts and impact-based decision support services in order
to reduce loss of life, injury, and damage to the economy
with a focus on--
(1) improving modeling of wildfire smoke emissions,
transport, mixing, and chemical transformations through
advanced modeling approaches;
(2) developing and disseminating smoke forecasts; and
(3) incorporating risk communication research in developing
smoke forecasts and fire weather warning products.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator of the National
Oceanic and Atmospheric Administration to carry out this
section $20,000,000 for each of fiscal years 2021 through
2025.
SEC. 12607. EXPOSURE TO WILDFIRE SMOKE AND AIR POLLUTION.
(a) Impacts of Acute Exposure to Wildifre Smoke and COVID-
19.--The Administrator of the Environmental Protection
Agency, in coordination with the Director of the Centers for
Disease Control and Prevention, and other Federal agencies as
appropriate, shall coordinate data collection and
epidemiological analysis of the impacts of acute air
pollution exposure from wildfires in the context of the
COVID-19 pandemic.
(b) Chronic Air Pollution Exposure.--The Administrator of
the Environmental Protection Agency, acting through the
Assistant Administrator for Research and Development, shall
coordinate with academic institutions and other research
organizations to conduct research to estimate the impacts of
chronic exposure to air pollutants, and other pertinent
variables, in the context of responding to the COVID-19
pandemic.
Amendment No. 53 Offered by Mr. McNerney of California
Page 46, after line 3, insert the following:
PART 4--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SEC. 1122. RESEARCH FOR EFFECTIVENESS AND STANDARDS.
The Director of the National Institute of Standards and
Technology shall--
(1) collect data following wildfires in the wildland-urban
interface related to the influence of building materials on
structural fires and how wind, terrain, and moisture affect
wildland fires; and
(2) contribute to the scientific basis for analyzing
economic outcomes of wildland-urban interface fire mitigation
by conducting research on and developing metrics for the--
(A) relative contribution of moisture, weather, terrain,
and infrastructure;
(B) losses and erosion of the forest floor resulting from
wildfires in the wildland urban interface; and
(C) the performance of current designs, materials, and
technologies used for--
(i) residential structures;
(ii) public and Federal government buildings;
(iii) electric grid infrastructure; and
(iv) other critical infrastructure.
Amendment No. 62 Offered by Mr. Panetta of California
Page 521, after line 10, insert the following:
``(h) Critical Infrastructure and Microgrid Research
Program.--The Secretary shall establish a research,
development, and demonstration program to improve the energy
resilience of critical infrastructure, including through the
use of microgrids, during extreme weather events including
extreme heat and wildfires. This program shall focus on
developing technologies that--
``(1) improve the energy resilience and meet the power
needs of critical infrastructure, including through the use
of microgrids, renewable energy, energy efficiency, and on-
site storage;
``(2) improve the energy efficiency of critical
infrastructure;
``(3) decrease the size and cost of on-site backup
generators for critical infrastructure;
``(4) provide on-site back-up power with renewable and low-
carbon liquid fuels; and
``(5) ensure the safe power up and power down of critical
infrastructure when necessary, as well as the transfer to
backup sources of power for uninterrupted electricity supply,
including the use of microgrids.''.
Page 499, line 20, strike ``and''.
Page 499, line 21, insert ``, and wildfires'' after
``disasters''.
Amendment No. 63 Offered by Mr. Panetta of California
Page 135, line 3, strike ``and''.
Page 135, line 14, strike the period and insert ``; and''.
Page 135, after line 14 insert the following new paragraph:
``(6) to enhance or expand the use of materials that are
resistant to high heat and fire in dwellings occupied by low-
income persons in areas at risk from drought and wildfires.
Page 136, line 12, strike ``and''.
Page 136, line 17, insert ``and'' after the semicolon.
Page 136, after line 17 insert the following new
subparagraph:
``(E) implement measures to enhance health and safety
through use of materials that are resistant to high heat and
fire in areas at risk from drought and wildfires;
Amendment No. 68 Offered by Ms. Pingree of Maine
Page 361, line 24, strike ``and''.
Page 362, line 2, strike the period and insert a semicolon.
Page 362, after line 2, insert the following:
``(3) the activities described in subsection (a)(4), acting
through the Assistant Secretary for Fossil Energy in
consultation with the Secretary of Agriculture; and
``(4) the activities described in subsection (a)(5), acting
through the Assistant Secretary for Fossil Energy in
consultation with the Secretary of Agriculture.''.
Amendment No. 76 Offered by Mr. Schrader of Oregon
At the end of subtitle H of title I, add the following:
SEC. 1806. HOME WILDFIRE RISK REDUCTION REBATE PROGRAM.
(a) In General.--The Secretary of Energy shall establish a
program, to be known as the ``Home Wildfire Risk Reduction
Rebate Program'', to provide rebates to homeowners to defray
the costs of retrofitting an existing home to be wildfire-
resistant.
(b) Amount of Rebate.--In carrying out the Home Wildfire
Risk Reduction Rebate Program, the Secretary shall provide a
homeowner a rebate of up to--
(1) $10,000 for the retrofitting of roof features,
including the roof covering, vents, soffit and fascia, and
gutters, to be wildfire-resistant;
(2) $20,000 for the retrofitting of exterior wall features,
including sheathing and siding, doors, and windows, to be
wildfire-resistant;
(3) $5,000 for the retrofitting of a deck, including the
decking, framing, and fascia, to be wildfire-resistant; and
(4) $1,500 for the retrofitting of near-home landscaping,
including mulch and landscape fabric in a 5-foot zone
immediately around the home and under all attached decks, to
be wildfire-resistant.
(c) Inclusion.--For purposes of this section, the cost of a
retrofit shall include all costs associated with the
retrofit, including the purchase and installation of
wildfire-resistant products and components.
(d) Limitation.--The amount of the rebate under this
section shall not exceed 50 percent of the cost of the
retrofit.
(e) Process.--
(1) Forms; rebate processing system.--Not later than 90
days after the date of enactment of this Act, the Secretary,
in consultation with the Secretary of the Treasury, shall--
(A) develop and make available rebate forms required to
receive a rebate under this section;
(B) establish a Federal rebate processing system which
shall serve as a database and
[[Page H4941]]
information technology system that will allow homeowners to
submit required rebate forms; and
(C) establish a website that provides information on
rebates provided under this section, including how to
determine whether particular measures qualify for a rebate
under this section and how to receive such a rebate.
(2) Submission of forms.--In order to receive a rebate
under this section, a homeowner shall submit the required
rebate forms, and any other information the Secretary
determines appropriate, to the Federal rebate processing
system established under paragraph (1).
(f) Moderate-income Households.--
(1) Certifications.--The Secretary shall establish
procedures for certifying that the household of a homeowner
is moderate-income for purposes of this section.
(2) Limitation for moderate income households.--
Notwithstanding subsection (d), for households of homeowners
that are certified pursuant to the procedures established
under paragraph (1) as moderate-income, the amount of the
rebate under this section shall not exceed 80 percent of the
cost of the retrofit.
(3) Outreach.--The Secretary shall establish procedures
to--
(A) provide information to households of homeowners that
are certified pursuant to the procedures established under
paragraph (1) as moderate-income regarding other programs and
resources relating to assistance for upgrades of homes,
including the weatherization assistance program implemented
under part A of title IV of the Energy Conservation and
Production Act (42 U.S.C. 6861 et seq.); and
(B) refer such households, as applicable, to such other
programs and resources.
(g) Definition.--In this section, the term ``wildfire-
resistant'' means meeting or exceeding the specifications of
the International Code Council's 2018 International Wildland-
Urban Interface Code (IWUIC).
(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $500,000,000 for
each of fiscal years 2021 through 2025.
Amendment No. 82 Offered by Mr. Thompson of California
Add at the end of title V the following:
Subtitle E--Utility Resilience and Reliability
SEC. 5501. RELIABILITY OF BULK-POWER SYSTEM IN CHANGING
CONDITIONS.
(a) In General.--Not later than 1 year after the date of
enactment of this paragraph, the Electric Reliability
Organization shall file with the Federal Energy Regulatory
Commission a proposed reliability standard, under section
215(d) of the Federal Power Act (16 U.S.C. 824o(d)), that
addresses the reliability of the bulk-power system and
suggestions for how to--
(1) prepare for and adapt to changing conditions; and
(2) withstand and rapidly recover from disruptions,
including disruptions caused by extreme weather conditions.
(b) Regional Differences.--The proposed reliability
standard filed under subsection (a) shall take into account
regional differences.
(c) Definitions.--In this section, the terms ``bulk-power
system'', ``Electric Reliability Organization'', and
``reliability standard'' have the meanings given those terms
in section 215 of the Federal Power Act (16 U.S.C. 824o).
SEC. 5502. ELECTRIC GRID RESILIENCE EDUCATION PROGRAM.
(a) In General.--Not later than 1 year after the date of
enactment of this section, the Secretary of Energy shall
establish a program to provide information and
recommendations to States and electric utilities on how to
improve the resilience of electric grids in regards to
climate change and extreme weather events.
(b) Electric Utility Defined.--In this section, the term
``electric utility'' has the meaning given such term in
section 3 of the Federal Power Act (16 U.S.C. 796).
SEC. 5503. REPORT ON PLANNED ELECTRIC POWER OUTAGES DUE TO
EXTREME WEATHER CONDITIONS.
Not later than 1 year after the date of enactment of this
section, the Secretary of Energy shall submit to Congress a
report, and publish such report on the website of the
Department of Energy, that provides recommendations on how to
minimize the need for, effects of, and duration of, planned
electric power outages that are due to extreme weather
conditions, including such conditions under which the
National Weather Service issues a red flag warning.
Amendment No. 92 Offered by Mr. Bera of California
Page 500, after line 13, insert the following (and
redesignate subsections (c), (d), and (e) as subsections (d),
(e), and (f), respectively):
(g) Concurrent and Co-located Disasters.--In carrying out
the program under subsection (a), the Secretary shall support
research and development on tools, techniques, and
technologies for improving electric grid and energy sector
safety and resilience in the event of multiple simultaneous
or co-located weather or climate events leading to extreme
conditions, such as extreme wind, wildfires, and extreme
heat.
The SPEAKER pro tempore. Pursuant to House Resolution 1129, the
gentleman from California (Mr. Levin) and the gentleman from Oregon
(Mr. Walden) each will control 10 minutes.
The Chair recognizes the gentleman from California.
Mr. LEVIN of California. Madam Speaker, all we have to do is look at
the last few weeks in my great State of California and see record
wildfires, 3.6 million acres and counting. And we have seen this all
throughout the Western United States, truly unprecedented.
And we also have seen smoke. All I had to do a few weeks ago is just
open the window, even though I am miles away from the center of any of
the wildfires, and we could see the thick, dark smoke, gray and orange.
We saw the pictures in the city of San Francisco. It is truly
unprecedented in our great State of California.
The amendment that we are offering will hopefully uncover the true
cost of this smoke. We must figure out exactly what type of health
impacts wildfire smoke is having, not just in California, but
everywhere where this has impacted our communities throughout the
Western United States.
So we are also going to need to develop better smoke forecasts. This
amendment would do that. And it directs the EPA to collect data and
coordinate research on the impacts of acute air pollution exposure from
wildfires. It is $100 million that I think is well spent.
An article published just a few days ago, September 19, in the Los
Angeles Times, is titled, ``How Bad Is All That Wildfire Smoke to Our
Long-Term Health? `Frankly, We Don't Really Know.' '' We don't really
know, and that is why we need this research, this funding.
A good friend of mine from Stanford University, my alma mater, an
economist named Marshall Burke, has done great work on the cost of
climate change and the cost of inaction. He has estimated that between
1,000 and 3,000 excess deaths--think of that number, 1,000 and 3,000
excess deaths--will be caused by the smoke from these wildfires. Five
thousand extra visits to the emergency room in California will be
caused by these wildfires.
And we know from other research at Harvard University and elsewhere
that short-term changes in particulate matter of 2.5, and other
criteria air pollutants, dramatically increase mortality.
It is very clear: Wildfire smoke is a dominant source of air
pollution in the United States in some years. Health costs associated
with wildfire exposure are greater than we thought, previously.
The more we learn about this, the more we recognize just what a
significant toll this is taking on our health, on our ability to deal
with the economic impacts that this causes. And we have seen, in
California, some of the studies on things like preterm birth, this has
had an impact even on preterm birth.
And, of course, as is so often the case, when we talk about
environmental issues, environmental justice is key here. We know that
the poor and communities of color have been impacted most by this as
well.
In my district, we have got the University of California at San
Diego, Scripps Institution of Oceanography, and I am very proud of all
of the work they are doing.
One of the researchers there recently made the link between air
pollution and increased risk of COVID-19 and, specifically, the
severity of symptoms that one would get if they were to have COVID-19
and if they were to be impacted by wildfire smoke. It could exacerbate
the degree to which COVID-19 causes more serious conditions.
As that researcher said: ``I really hope I am wrong, but what we may
expect to see in the next few weeks is an increase in the fatality rate
from COVID-19.''
So we know that wildfire smoke is here. This is not theoretical.
Oftentimes, when we talk about climate change, we think of something in
the future; we think of something theoretical.
One of the things that I so appreciate about this legislation, and
specifically about this amendment and the series of amendments from Mr.
Schrader and my friends from California--Josh Harder, Ami Bera, Mike
Thompson, and Jimmy Panetta--is that all of these amendments are
things that impact us in the here and now.
Wildfire smoke is not some far-off, theoretical thing that may or may
not
[[Page H4942]]
happen in the future. We know that it is happening, and happening right
now.
So, as I mentioned, in addition to our amendment, which establishes a
program to improve wildfire smoke emissions modeling and to develop
smoke forecasts and directs EPA to collect data and coordinate research
on the impacts of acute air pollution exposure from wildfires, Mr.
Schrader of Oregon has an amendment that would establish the home
wildfire risk reduction rebate program to provide rebates to homeowners
to defray the cost of retrofitting an existing home to be wildfire
resistant.
Of course, we are thinking of all of our friends throughout the
Pacific Northwest. We have family in Oregon and Washington that have
been so dramatically impacted by all of this.
As I mentioned, my friends Josh Harder, Ami Bera, and Mike
Thompson, all fantastic Representatives from northern California--and
they have really borne the brunt of the wildfires throughout
California--have offered amendments that, among other things, create a
geospatial map that depicts wildfire risk around utilities to allow for
better planning, for grid hardening, vegetation management, emergency
access points, and more.
Their amendments also establish an electricity reliability standard
regarding extreme weather events and direct the Department of Energy to
help States and local utilities on ways to improve the resiliency of
their electrical grids. It is so important that we study these
wildfires and we understand the impact on our electricity grid.
My friend Representative Panetta offers several amendments, including
one that expands weatherization assistance for low-income families and
enhancement in innovation to cover the use of materials that are
resistant to high heat and fire in dwellings occupied by low-income
persons in areas at risk from drought and wildfires.
I think it is important to just mention we are not talking about
wildfires in a vacuum. We have seen record drought and record
temperatures, and those conditions create the environment that we now
have seen that creates these wildfire risks.
Finally, my friend Representative Bera has an amendment that directs
the Secretary of Energy to support R&D on tools and technologies for
improving the electric grid and the energy sector for safety and
resilience during concurrent or colocated severe weather events.
{time} 1245
I am extremely proud at the support that we have been able to achieve
for these amendments, and for the package for H.R. 4447. It is a
comprehensive bill that we really do need to move forward on.
It has been a dozen years, a dozen years, since we have been able to
update the structure and the authorizations of critical clean energy
research and demonstration programs at the Department of Energy, and we
have learned so much about our environment, about climate change.
I graduated from law school in 2005, and I became an environmental
attorney and a clean energy advocate working in a variety of clean
energy organizations, businesses, and now as a legislator. And what I
can tell you is that between the time I graduated from law school in
2005 and today, we know significantly more, and much different
information about climate change than we did back then. Yet, we have
not updated the research and development now for 12 years, it is simply
unacceptable.
So our amendment and the other amendments that I discussed will go a
long way, and I hope we can achieve bipartisan consensus in this, and
in the months and years ahead to actually tackle these problems as they
face Californians.
Madam Speaker, I reserve the balance of my time.
Mr. WALDEN. Madam Speaker, I appreciate my friend from California's
comments, especially about the smoke and his sympathy for the folks all
across the West, and especially in the Pacific Northwest. I am a native
Oregonian and, tragically, we have been choking on smoke for a very
long time, for decades and decades, as these forest fires have burned
unnaturally because fuel concentrations are unnatural.
You know, we did a great job as Americans with Smokey the Bear and
putting out fires. For 100 years we have fought fire. The problem is
that in the last 50 years there have been court decisions, lots of
litigation, lawsuits to stop active forest management. We lost tens of
thousands of jobs that used to take place in our rural forested
communities of people that would go out and tend to our forests. When
they would harvest, they would replant. If there was a fire, they were
on the scene to help put it out. All that went away through litigation
and lawsuits.
In the early 2000s, I worked with then-President Bush to pass the
Healthy Forests Restoration Act, to allow us to get in, at least in the
wildland-urban interface, and thin out these unnatural stands, get them
back in balance with nature. The Forest Service tells us today 63
million acres of our national forests, America's people's forests, are
at high risk of fire. It is out of balance. We have 7 million of those
acres in my home State of Oregon. 7 million acres. We treat something
like 2 million a year.
Under President Trump and his administration, they have taken this
seriously and they have increased the amount of thinning that is going
on out there to reduce the fuel load by 20 to 25 percent over what it
was when he took office.
Timber harvest is up, too, but you can't catch up at that rate
because forests are very dynamic, they continue to grow, they continue
to die. I have forest scientists who will tell me in some parts of my
State there are literally 1,000 trees on an acre, where in historic
times there might have been 10 or 12.
See, fire naturally would come through and thin out on a regular
basis, and then humans interceded, and said, Well, we are going to stop
fire. And for a long time, they weed-managed it and thinned the forest,
and now all that kind of went by the wayside as well. And, tragically,
now the U.S. Forest Service budget, more than half of it goes to fight
fire. We have had to set up enormous funds to fight fire. It didn't
used to be that way, and now our citizens suffer from the smoke.
In my home State of Oregon, the 10 worst air quality cities in the
world were in Oregon. Oregon. The smoke was so bad when I drove from
southern Oregon, where tragically, one of these fires--it was not a
forest fire, it was a grass and brush fire that got away with an
unusually strong wind, and it just became a blowtorch, and most likely
was started by arson. That fire destroyed more than 2,600 housing units
and deeply, sadly, most of these were mobile homes, mobile home parks,
and low-income housing. The poorest of the poor got hit the hardest.
This was not forest, this was between a freeway and a highway, and it
just took off. It was dry, because, you know, in the West we dry out in
the summer, unlike back here where they get rain with a thunderstorm.
But this wasn't even lightning-caused.
Meanwhile, in the canyons off the great Cascade Mountains, fire
started up there, we don't know how and, in some cases, again, this
high wind may have triggered it with power lines or something of that
nature. People lost their homes, habitat destroyed, communities that
had been there forever, wiped out, lives lost.
So, indeed, we have this situation where, with climate change,
drought, disease, bug infestation, and a neglected forest, conditions
are ripe for destruction. They are ripe for fires like this. But if you
care about--and I think we all do--about the planet and about the
climate and about reducing emissions, then it is a failure of this
Congress, under Democrat rule, to not move forward with the legislation
our colleague, a Yale forestry graduate, Bruce Westerman, has put
forward, to go in and more actively treat these forests to get them
back in balance with nature.
And, more importantly, when 70 percent of the carbon emissions from a
fire occur afterwards from the dead and decaying material that is left
behind, we should be going in like Tribal governments do, county and
State governments do, they go in and manage their forests by removing
the burned, dead debris, where it makes sense, and while it still has
value, and they replant a new, healthy forest. I think we can all
agree, new green trees sequester carbon better than dead, dying ones.
[[Page H4943]]
Science is on our side in this matter, but the politics have not been
on our side in the West. So we have not been able to make progress on
changing Federal law that would actually make our forests and forest
communities healthier and safer, more economically dynamic, and reduce
emissions and fire and smoke.
I have choked on that smoke the last 10 days, as have my constituents
and, sadly, we sent that smoke all the way to Europe and around the
globe, and none of us wants to repeat that.
So, hopefully, we can put old battles behind us. We can do something
to treat American's great forests and get them back in balance. We can
go in and remove burned debris while it has value, creating jobs in our
most impoverished counties, and plant new, green, healthy forests for
the next generation. Indeed, that is our obligation and our duty, and
we should do more.
Madam Speaker, I reserve the balance of my time.
Mr. LEVIN of California. Madam Speaker, it is my honor to yield 1
minute to the gentlewoman from California (Ms. Pelosi), the
distinguished Speaker of the House of Representatives.
Ms. PELOSI. Madam Speaker, I thank the gentleman for his leadership
on this important issue. He has brought his experience in the private
sector, and the nonprofit sector to Congress to effectively address the
climate crisis that we are facing.
Madam Speaker, I join the distinguished ranking member of the
committee in supporting this en bloc, and remind him that in 2018 we
did have the fire budget act that readjusted--enabling us to spend
money for fire prevention, and that was bipartisan.
I welcome your support for the en blocs and work to address this. The
description that you make of the fire impacts on the communities is a
very, very serious one. We see it in California, but we have seen it a
few years ago and before. Unless you have seen it, you cannot really
realize how destructive it is. It just obliterates the area.
And then the smoke from those fires, as we say, the smoke from those
fires is not stronger than the love that we have for each other to come
back from all of this. But this legislation and these amendments will
be helpful, and I thank the gentleman for his strong leadership on
this.
The threat of wildfires in our communities and the ability to create
clean energy jobs and innovation is an opportunity that we have here
today.
Across the country, extreme weather and climate events are being
unleashed on our communities leaving tragedy and devastation in their
wake. From wildfires in the West--which the distinguished ranking
member referenced and that we have experienced--that are described as
apocalyptic, which have killed at least 35 people, blanketed the entire
country in haze, and burned an historic 3.7 million acres, more than 20
times the amount last year.
Horrific hurricanes in the Gulf Coast, some of the most severe to hit
the southern States. I spoke to the Governor of Louisiana, he told me
that the hurricane that hit Louisiana was the most severe in the
history of Louisiana. I said, Even more so than Katrina? He said, Yes.
Katrina's damage sprang from the hurricane, but also the levees
collapsing. This is about the severity of the hurricane. And then
frequency, they have had more hurricanes since then. They are running
out of names to label them. They said they may have to go to the Greek
alphabet.
Heat waves across America, with this summer being the hottest ever
summer recorded in the northern hemisphere, and the second hottest
summer around the planet. Scientists tell us that 2020, a year filled
with climate disasters, will be among the two hottest years ever
recorded.
Madam Speaker, Mother Nature is sending us a message, a clear sign
that the climate crisis is real, it is deadly, and it is accelerating.
The American people elected a Democratic House majority that would
honor the science and honor our obligation to build a more resilient,
green, and sustainable economy, not only for future generations
tomorrow, but for our children today.
I am proud of the work that Democrats have taken since day one to
combat the climate crisis in a way that creates jobs and advances
environmental justice. This has been an all-caucus effort reflecting
the energy of our freshmen, the expertise of our chairs, and the will
of the American people, including: The Climate Action Now Act, keeping
us in the Paris accords; the Moving Forward Act, making a strong
downpayment in a clean energy future; the Great American Outdoors Act,
the most significant conservation bill in a generation, strongly
bipartisan; Solving the Climate Crisis, our congressional action plan
led by Chairwoman Kathy Castor, the most detailed, sweeping climate
plan in American history, which endorses a national goal with net-zero
pollution as soon as possible, 2050 at the latest. This plan protects
American workers, safeguards vulnerable communities, grows the economy,
and advances our preeminence in green technologies.
Now, today, we are taking the next step with the Clean Economy Jobs
and Innovation Act. And, Madam Speaker, I say the next step. This is
not exhaustive of our solutions, and we have a lot of ideas in our
caucus to debate and to prioritize, but this is an important next step.
I salute all the committees of jurisdiction and chairs for their
strategic, science-based leadership on the bills in this package.
Energy and Commerce Chairman Frank Pallone; Science, Space, and
Technology Chairwoman, Eddie Bernice Johnson; Natural Resources
Chairman Raul Grijalva, along with Congressmen McEachin and Ruiz, for
their collaborative efforts to include a transformative environmental
justice title; Select Committee on the Climate Crisis, Kathy Castor;
Congresswoman Anna Eshoo, chairwoman on the Subcommittee of Health in
Energy and Commerce, leading the legislation to study the direct
connection of wildfire smoke on public health, as you suggested. And
also, Members from the West for offering amendments, including the ones
under consideration now, to improve wildfire research, resilience, and
protect homes, communities, and public health.
Again, I salute Congressman Mike Levin for his leadership in this
very important area. His election to Congress took us way down the path
in this fight to preserve the planet. Thank you, Mr. Levin.
The legislation advances public health, financial, and national
security, and environmental justice. It takes actions that scientists,
researchers, and experts tell us is needed:
By launching the research and development needed to unleash a clean
energy revolution and reduce pollution in our communities; making a
bold downpayment for future climate action by modernizing America's
energy innovation infrastructure; phasing down dangerous HFCs, known as
super pollutants, which many experts believe is the single biggest
action that the world can take to reduce global warming; putting our
country on the path to net-zero pollution no later than 2050; and,
critically protecting local communities by requiring Federal agencies
to better understand the impact of new projects on public health and
the environment, and to provide meaningful participation for indigenous
and environmental communities. This is so absolutely important to have
our Indian Country involved in these decisions.
{time} 1300
As the League of Conservation Voters wrote today: ``This bill
includes many great provisions to develop and deploy renewable and
distributed energy resources; improve the efficiency of our homes,
schools, and businesses; electrify our transportation sector; modernize
the grid and enhance its resilience; prioritize the needs of
environmental justice in communities; reduce climate pollution from
industrial and traditional sources, and from ambient air.''
Then they go on to say: ``Though we do not support increased funding
for projects that could extend the life of fossil fuel-burning power
plants or aging nuclear power infrastructure or prop up undemonstrated
new nuclear projects, many of the amendments would improve those areas
and build upon the significant positive environmental aspects of the
bill.'' This is very important, ``build upon the significant positive
environmental aspects of the bill.''
``We urge support for the amendments . . . that will make the bill
even
[[Page H4944]]
stronger by protecting our communities and environment while investing
in clean energy research, development, and deployment.''
This important legislation is an important step--I keep saying it is
not everything; it is a step--to advance climate action. But much more
is needed.
Unfortunately, many in our government continue to deny the science
and refuse to act. As seen earlier this month, when I hosted the G7
Speakers' Meeting on ``Addressing the Climate Crisis With Economic and
Environmental Justice for All,'' no other country in that mix of the G7
and the President of the European Union, who was also participating, no
other country is in denial about the climate crisis and the impact that
human activity has on it.
Sadly, only in America is there contempt for science, public health,
and the role of government.
Madam Speaker, when I first became Speaker in 2007, the first bill we
put on the floor was to establish a Select Committee on Climate and
Energy. We passed that bill working with President Bush. It was the
biggest energy bill in the history of our country. It was the
equivalent of taking millions of cars off the road. We came to terms
with an agreement, and he was delighted to have a signing ceremony for
this bill.
Since then, there has been denial about the climate crisis. After
becoming Speaker again in this Congress, I established a Select
Committee on the Climate Crisis, which Kathy Castor chairs.
So this has been a very high priority. It is a high priority for
public health, clean air, clean water, ending the pollutants,
diminishing the pollutants.
Secondly, it is a jobs issue. Jobs, jobs, jobs, clean energy jobs
making us preeminent in the world.
It is a national security issue. Our security experts tell us that
drought and famine, so much is caused by the climate crisis. Increased
competition for habitat, resources, and the rest cause mass migrations.
It is a national security issue.
It is a moral issue. If you believe, as I do, that this planet is
God's creation, we have a moral responsibility to be good stewards of
it. This is believed by many in the evangelical community. But even if
you don't share this belief from a religious standpoint, from a moral
standpoint, we have a responsibility to pass the planet on to future
generations as best we can.
Again, the American people, including young people, scientists, faith
leaders, grassroots environmental justice advocates, are demanding
climate action now to protect their lives and protect their
livelihoods.
I urge Members, including the Republicans whose bills are included in
this package, to listen to the public and pass this commonsense and
science-based legislation and redouble our efforts to combat the
climate crisis.
Heed the message that Mother Earth is sending us. Lives are at stake.
We have no time to waste. I urge an ``aye'' vote on these en bloc
amendments and on final passage of the legislation.
The SPEAKER pro tempore. The time of the gentleman from California
has expired.
Mr. WALDEN. Madam Speaker, may I inquire as to how much time is
remaining.
The SPEAKER pro tempore. The gentleman from Oregon has 4\1/2\ minutes
remaining.
Mr. WALDEN. Madam Speaker, I yield 2 minutes to the gentleman from
California (Mr. LaMalfa), my friend and colleague, a real leader on
natural resource issues.
Mr. LaMALFA. Madam Speaker, I thank my colleague from Oregon for
yielding and for his leadership on this bill today. I appreciate the
work in this current bloc on forestry as Oregon, California, and so
much of the West is experiencing yet another year of such devastating
fire.
I want to hearken back to a previous bloc here while I have the
opportunity. It has to do with the Klamath dams that are owned by
PacifiCorp in northern California and Oregon.
Now, there is the need to continue those dams' ability to operate.
Unfortunately, my California colleague on the other side of the aisle
is insisting on an amendment that would make it impossible to continue
that operation even during a time of uncertainty as to the efficacy of
dam removal or whatever the disposal of those will be. It is up in the
air. The science is not clear.
The amendment that is being proposed might be the worst attempt at a
veiled threat that I have seen in a long time on threatening a company
in the operation of current dams. Rather than work with PacifiCorp, the
hope seems to be that the House of Representatives can be used in this
en bloc for a personal vendetta in defying the will of the people in
the area.
The owner of these dams has signed on to both agreements that
contemplated removal under the right conditions. Congress didn't bring
an agreement up for consideration. Local voters overwhelmingly rejected
the dam removal. The corporation that my colleague is attempting to
attack has been supportive for nearly 15 years.
Under the guise of what my colleague would call ``more stringent
reporting requirements,'' this amendment would directly increase power
costs on tens of thousands of rural Americans across the West,
requiring six new studies, reports, and disclosures every year at the
cost of PacifiCorp. Complying with all of this will not be free.
Regular families will see their power costs go up at a time when our
power grid in California especially is in big trouble. This is wrong-
headed.
Mr. WALDEN. Madam Speaker, I thank my colleague from California for
his remarks.
Madam Speaker, I yield myself the balance of my time.
I want to go back to the issue underlying this, which is wildfires
and smoke. When I chaired the Energy and Commerce Committee, I held
hearings each year, which have been continued under Chairman Pallone,
looking at the health impacts of wildfire smoke on our citizens in
America as relates to the Clean Air Act.
I remember we had a gentleman from southern Oregon who had sent me a
photo of his CPAP, his air-breathing filter, that had turned dark
within a day or two. We had county commissioners tell me that when they
opened their windows at night, the smoke alarm went off in their house.
It was that bad.
We continue to have that, and it has been going on for a very long
time. It is sad we had to get to this point for many to recognize who
don't have to live with that as we all have to.
There is so much more we can and should do, and I appreciate Speaker
Pelosi's comments about fixing the fire borrowing problem. We did that
jointly and in a bipartisan, bicameral way. It was long overdue.
But I am just going to close by saying you still have 60, 70 million
acres of lands out there that we have responsibility for. They are the
public's lands that are completely out of balance. Nature tells us
that. Scientists reinforce that. And we need to do something about
that.
Hopefully--I am leaving Congress at the end of this year--future
Congresses will figure a way through this thicket because if we don't
act, you won't have forests left, and a whole generation will never
know what we have had the great joy to see, big healthy tree stands and
habitat, freshwater and fish, and all of that that is the Northwest. It
is going away in large measure every summer, and it will be a
generation before you can drive over the Cascade Mountains on these
routes and see what we got to see for our generation as it burns up and
goes away.
We need to take out the burned, dead material while it has value. We
need to plant green, new trees. We need to fully understand the impacts
of smoke and then do everything in our power to minimize these fires
and their devastating, tragic, and deadly effects.
Madam Speaker, I yield back the balance of my time.
Mr. THOMPSON of California. Madam Speaker, I rise in strong support
of my amendment.
This amendment requires the establishment of a reliability standard,
within the Federal Power Act, relating to extreme weather events. It
directs the Department to create a program and publish a report, on
ways to improve the resiliency of electrical grids.
Over the past year my District and others across the State of
California have experienced many of these power shutoffs due to extreme
weather events--such as wildfires. These shutoffs hurt local
businesses, leave thousands in the dark, and put the medically
vulnerable at great risk.
The federal government must step up to ensure the U.S. electrical
grid is more resilient. We must provide states and local utilities the
[[Page H4945]]
resources they need to reliably provide power to our communities.
I urge an Aye vote on this amendment to help communities like mine
and all the others affected by severe weather.
The SPEAKER pro tempore. Pursuant to House Resolution 1129, the
previous question is ordered on the amendments en bloc offered by the
gentleman from California (Mr. Levin).
The question is on the amendments en bloc.
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Mr. LEVIN of California. Madam Speaker, on that I demand the yeas and
nays.
The SPEAKER pro tempore. Pursuant to section 3 of House Resolution
965, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
The Chair understands that amendment No. 57 will not be offered.
Amendments En Bloc No. 1 Offered by Ms. Stevens of Michigan
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the
unfinished business is the question on amendments en bloc No. 1,
printed in part B of House Report 116-528, on which further proceedings
were postponed and on which the yeas and nays were ordered.
The Clerk will redesignate the amendments en bloc.
The Clerk redesignated the amendments en bloc.
The SPEAKER pro tempore. The question is on the amendments en bloc
offered by the gentlewoman from Michigan (Ms. Stevens).
The vote was taken by electronic device, and there were--yeas 235,
nays 172, not voting 23, as follows:
[Roll No. 202]
YEAS--235
Adams
Aguilar
Allred
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Fletcher
Foster
Frankel
Fudge
Gabbard
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Gibbs
Golden
Gomez
Gonzalez (TX)
Gottheimer
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Mfume
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Peterson
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (NJ)
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Trahan
Trone
Underwood
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NAYS--172
Aderholt
Allen
Amash
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (NC)
Bishop (UT)
Bost
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Calvert
Carter (GA)
Carter (TX)
Chabot
Cline
Cloud
Cole
Collins (GA)
Comer
Conaway
Cook
Crenshaw
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duncan
Emmer
Estes
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gallagher
Garcia (CA)
Gianforte
Gohmert
Gonzalez (OH)
Gooden
Gosar
Granger
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Higgins (LA)
Hill (AR)
Hollingsworth
Hudson
Huizenga
Hurd (TX)
Jacobs
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Keller
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Marshall
Massie
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
Meuser
Miller
Moolenaar
Mooney (WV)
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Posey
Reed
Reschenthaler
Rice (SC)
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rose, John W.
Rouzer
Roy
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smucker
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Torres Small (NM)
Turner
Upton
Wagner
Walberg
Walden
Walker
Walorski
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wittman
Womack
Woodall
Young
Zeldin
NOT VOTING--23
Abraham
Brady
Burgess
Byrne
Cheney
Crawford
Dunn
Ferguson
Gaetz
Graves (GA)
Holding
Marchant
Mitchell
Mullin
Murphy (NC)
Riggleman
Rooney (FL)
Rutherford
Tiffany
Waltz
Wilson (SC)
Wright
Yoho
{time} 1405
Mr. JACOBS changed his vote from ``yea'' to ``nay.''
So the en bloc amendments were agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
members recorded pursuant to house resolution 965, 116th congress
Bishop (GA) (Fudge)
Chu, Judy (Takano)
DeSaulnier (Matsui)
Frankel (Clark (MA))
Grijalva (Garcia (IL))
Hastings (Wasserman Schultz)
Hayes (Courtney)
Huffman (Thompson (CA))
Jayapal (Raskin)
Kaptur (Dingell)
Kim (Davids (KS))
Kirkpatrick (Gallego)
Langevin (Lynch)
Lawson (FL) (Evans)
Lieu, Ted (Beyer)
Lipinski (Cooper)
Lofgren (Jeffries)
Lowenthal (Beyer)
Lowey (Tonko)
Meng (Clark (MA))
Moore (Beyer)
Mucarsel-Powell (Wasserman Schultz)
Napolitano (Correa)
Payne (Wasserman Schultz)
Pingree (Clark (MA))
Pocan (Raskin)
Porter (Wexton)
Richmond (Fudge)
Roybal-Allard (Cardenas)
Rush (Underwood)
Serrano (Jeffries)
Speier (Scanlon)
Tlaib (Dingell)
Watson Coleman (Pallone)
Welch (McGovern)
Wilson (FL) (Adams)
Amendment No. 32 Offered by Ms. Haaland
The SPEAKER pro tempore (Mr. Cuellar). Pursuant to clause 8 of rule
XX, the unfinished business is the question on amendment No. 32,
printed in part B of House Report 116-528, on which further proceedings
were postponed and on which the yeas and nays were ordered.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
The SPEAKER pro tempore. The question is on the amendment offered by
the gentlewoman from New Mexico (Ms. Haaland).
The vote was taken by electronic device, and there were--yeas 235,
nays 173, not voting 22, as follows:
[Roll No. 203]
YEAS--235
Adams
Aguilar
Allred
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Cooper
[[Page H4946]]
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Fletcher
Foster
Frankel
Fudge
Gabbard
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Gottheimer
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Mfume
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Peterson
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (NJ)
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Upton
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NAYS--173
Aderholt
Allen
Amash
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (NC)
Bishop (UT)
Bost
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Calvert
Carter (GA)
Carter (TX)
Chabot
Cline
Cloud
Cole
Collins (GA)
Comer
Conaway
Cook
Crenshaw
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duncan
Emmer
Estes
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gallagher
Garcia (CA)
Gianforte
Gibbs
Gohmert
Gonzalez (OH)
Gooden
Gosar
Granger
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Higgins (LA)
Hill (AR)
Hollingsworth
Hudson
Huizenga
Hurd (TX)
Jacobs
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Keller
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Marshall
Massie
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
Meuser
Miller
Moolenaar
Mooney (WV)
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Posey
Reed
Reschenthaler
Rice (SC)
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rose, John W.
Rouzer
Roy
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smucker
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Turner
Van Drew
Wagner
Walberg
Walden
Walker
Walorski
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wittman
Womack
Woodall
Young
Zeldin
NOT VOTING--22
Abraham
Burgess
Byrne
Cheney
Crawford
Dunn
Ferguson
Gaetz
Graves (GA)
Holding
Marchant
Mitchell
Mullin
Murphy (NC)
Riggleman
Rooney (FL)
Rutherford
Tiffany
Waltz
Wilson (SC)
Wright
Yoho
{time} 1453
Mrs. HARTZLER changed her vote from ``yea'' to ``nay.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
members recorded pursuant to house resolution 965, 116th congress
Bishop (GA) (Fudge)
Chu, Judy (Takano)
DeSaulnier (Matsui)
Frankel (Clark (MA))
Grijalva (Garcia (IL))
Hastings (Wasserman Schultz)
Hayes (Courtney)
Huffman (Thompson (CA))
Jayapal (Raskin)
Kaptur (Dingell)
Kim (Davids (KS))
Kirkpatrick (Gallego)
Langevin (Lynch)
Lawson (FL) (Evans)
Lieu, Ted (Beyer)
Lipinski (Cooper)
Lofgren (Jeffries)
Lowenthal (Beyer)
Lowey (Tonko)
Meng (Clark (MA))
Moore (Beyer)
Mucarsel-Powell (Wasserman Schultz)
Napolitano (Correa)
Payne (Wasserman Schultz)
Pingree (Clark (MA))
Pocan (Raskin)
Porter (Wexton)
Richmond (Fudge)
Roybal-Allard (Cardenas)
Rush (Underwood)
Serrano (Jeffries)
Speier (Scanlon)
Tlaib (Dingell)
Watson Coleman (Pallone)
Welch (McGovern)
Wilson (FL) (Adams)
Amendments En Bloc No. 4 Offered by Mr. Levin of California
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the
unfinished business is the question on amendments en bloc No. 4,
printed in part B of House Report 116-528, on which further proceedings
were postponed and on which the yeas and nays were ordered.
The Clerk will redesignate the amendments en bloc.
The Clerk redesignated the amendments en bloc.
The SPEAKER pro tempore. The question is on the amendments en bloc
offered by the gentleman from California (Mr. Levin).
The vote was taken by electronic device, and there were--yeas 273,
nays 132, not voting 25, as follows:
[Roll No. 204]
YEAS--273
Adams
Aguilar
Allred
Amodei
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bost
Boyle, Brendan F.
Brindisi
Brooks (IN)
Brown (MD)
Brownley (CA)
Buchanan
Burchett
Bustos
Butterfield
Calvert
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Cook
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Davis, Rodney
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Fleischmann
Fletcher
Fortenberry
Foster
Frankel
Fudge
Gabbard
Gallego
Garamendi
Garcia (CA)
Garcia (IL)
Garcia (TX)
Gianforte
Golden
Gomez
Gonzalez (OH)
Gonzalez (TX)
Gottheimer
Graves (LA)
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hartzler
Hastings
Hayes
Heck
Herrera Beutler
Higgins (NY)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Hurd (TX)
Jackson Lee
Jacobs
Jayapal
Jeffries
Johnson (GA)
Johnson (LA)
Johnson (SD)
Johnson (TX)
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
King (NY)
Kirkpatrick
Krishnamoorthi
LaMalfa
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McAdams
McBath
McCarthy
McCaul
McClintock
McCollum
McEachin
McGovern
McKinley
McNerney
Meeks
Meng
Mfume
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Newhouse
Norcross
Nunes
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Peterson
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Reed
Rice (NY)
Richmond
Rogers (KY)
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Simpson
Sires
Slotkin
Smith (NJ)
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stefanik
Steil
Stevens
Stivers
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Upton
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Walden
Wasserman Schultz
Waters
[[Page H4947]]
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NAYS--132
Aderholt
Allen
Amash
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (UT)
Brady
Brooks (AL)
Buck
Bucshon
Budd
Carter (GA)
Carter (TX)
Chabot
Cline
Cloud
Cole
Collins (GA)
Comer
Conaway
Crenshaw
Curtis
Davidson (OH)
DesJarlais
Duncan
Emmer
Estes
Flores
Foxx (NC)
Fulcher
Gallagher
Gibbs
Gohmert
Gooden
Gosar
Granger
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hern, Kevin
Hice (GA)
Higgins (LA)
Hill (AR)
Hollingsworth
Hudson
Huizenga
Johnson (OH)
Jordan
Joyce (PA)
Keller
Kelly (MS)
Kelly (PA)
King (IA)
Kinzinger
Kustoff (TN)
LaHood
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Marshall
Massie
Mast
McHenry
Meuser
Miller
Moolenaar
Mooney (WV)
Norman
Olson
Palazzo
Palmer
Pence
Perry
Posey
Reschenthaler
Rice (SC)
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rose, John W.
Rouzer
Roy
Scalise
Schweikert
Scott, Austin
Shimkus
Smith (MO)
Smith (NE)
Smucker
Spano
Stauber
Steube
Stewart
Taylor
Thornberry
Timmons
Tipton
Turner
Wagner
Walberg
Walker
Walorski
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wittman
Womack
Woodall
Young
Zeldin
NOT VOTING--25
Abraham
Bishop (NC)
Burgess
Byrne
Cheney
Crawford
Dunn
Ferguson
Gaetz
Graves (GA)
Holding
Kuster (NH)
Marchant
Mitchell
Mullin
Murphy (NC)
Riggleman
Rooney (FL)
Rutherford
Sensenbrenner
Tiffany
Waltz
Wilson (SC)
Wright
Yoho
{time} 1542
Messrs. GRAVES of Louisiana and McCARTHY changed their vote from
``nay'' to ``yea.''
So the en bloc amendments were agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
members recorded pursuant to house resolution 965, 116th congress
Bishop (GA) (Fudge)
Chu, Judy (Takano)
DeSaulnier (Matsui)
Frankel (Clark (MA))
Grijalva (Garcia (IL))
Hastings (Wasserman Schultz)
Hayes (Courtney)
Huffman (Thompson (CA))
Jayapal (Raskin)
Kaptur (Dingell)
Kim (Davids (KS))
Kirkpatrick (Gallego)
Langevin (Lynch)
Lawson (FL) (Evans)
Lieu, Ted (Beyer)
Lipinski (Cooper)
Lofgren (Jeffries)
Lowenthal (Beyer)
Lowey (Tonko)
Meng (Clark (MA))
Moore (Beyer)
Mucarsel-Powell (Wasserman Schultz)
Napolitano (Correa)
Payne (Wasserman Schultz)
Pingree (Clark (MA))
Pocan (Raskin)
Porter (Wexton)
Richmond (Fudge)
Roybal-Allard (Cardenas)
Rush (Underwood)
Serrano (Jeffries)
Speier (Scanlon)
Tlaib (Dingell)
Watson Coleman (Pallone)
Welch (McGovern)
Wilson (FL) (Adams)
The SPEAKER pro tempore. The previous question is ordered on the
bill, as amended.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit
Mr. LUCAS. Mr. Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. LUCAS. Mr. Speaker, I am opposed in its current form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Lucas moves to recommit the bill H.R. 4447 to the
Committee on Energy and Commerce with instructions to report
the same back to the House forthwith, with the following
amendment:
At the end of the bill, insert the following:
Subtitle G--Prohibition on the Transfer of Intellectual Property
SEC. 12701. STATE-OWNED ENTERPRISES PROHIBITION.
(a) Innovate in America.--None of the funds authorized or
made available by this Act, or the amendments made by this
Act, may be used in awarding a grant, loan, or demonstration
project to an entity that fails to certify that resulting
intellectual property, technologies, and data, for the
purpose authorized, will not be transferred to any other
entity that--
(1) is determined to be of risk by the Secretary of Energy
in consultation with the Under Secretary for Science; the
Under Secretary of Energy; the Under Secretary for Nuclear
Security; and the Department of Energy's Office of
Intelligence and Counterintelligence;
(2) is identified as a nonmarket economy country (in
accordance with section 771(18) of the Tariff Act of 1930 (19
U.S.C. 1677(18))) as of the date of enactment of this Act; or
(3) was identified by the United States Trade
Representative in the most recent report submitted under
section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a
priority foreign country under subsection (a)(2) of such
section.
(b) International Agreements.--This section shall be
applied in a manner consistent with the obligations of the
United States under international agreements.
Page 9, in the table of contents, after the matter relating
to section 12606, insert the following:
Subtitle G--Prohibition on the Transfer of Intellectual Property
Sec. 12701. State-owned enterprises prohibition.
Mr. LUCAS (during the reading). Mr. Speaker, I ask unanimous consent
to dispense with the reading.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Oklahoma?
There was no objection.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Oklahoma is recognized for 5 minutes in support of his motion.
Mr. LUCAS. Mr. Speaker, my motion will ensure that none of the $135
billion in taxpayer funds authorized in H.R. 4447 will be used to build
up foreign countries' intellectual property and technology at the
expense of our own.
Specifically, in order to receive Federal grants, loans, or
demonstration money through H.R. 4447, organizations must certify that
the results of that funding, whether technology, intellectual property,
or data, will not become the property of a foreign state-owned
enterprise.
Mr. Speaker, China has made it an explicit goal to surpass the United
States as the global frontrunner in science and technology. The Chinese
Communist Party's Made in 2025 initiative outlines a clear strategy to
get ahead of us in critical technologies and industries of the future.
Part of the CCP strategy is acquiring U.S. technology and
intellectual property, whether through investment, coercion, or theft.
Let me repeat that: through investment, coercion, or, yes, even
theft.
This isn't a hypothetical situation. Already, China has recruited
U.S.-funded researchers for things like the Thousand Talents program.
This is much more than a single recruitment program or an exchange of
knowledge. Researchers joining the Thousand Talents program sign
legally binding contracts that require them to transfer information and
property to China.
We have seen a consistent pattern where China expresses interest in a
specific technology and then the U.S. experiences intellectual property
theft in that same technology.
The full scope of the CCP's influence and presence in the U.S. is not
entirely known to the public, but FBI Director Christopher Wray has
said that the Bureau is opening a new China-related counterintelligence
case about every 10 hours.
Simply put, we are spending the time, the money, and the effort to
plant the seeds of new technologies, but China is the one harvesting
the crop. We cannot afford to spend $135 billion in taxpayers' funds on
technologies that China will then steal and use to compete against us.
We must protect our Nation's research and intellectual property.
The Trump administration has taken good steps towards protecting
American IP from Chinese aggression, but we must do more to work
together to protect sensitive American research while maintaining the
spirit of open science that has fueled, literally, generations of
discoveries.
Mr. Speaker, this motion provides commonsense, practical protections
for taxpayer-funded research and the incalculable innovations it
creates. I urge my colleagues to support this motion and ensure that we
are not spending billions of dollars on research that China will then
use to outcompete us.
Mr. Speaker, I yield back the balance of my time.
Ms DeGETTE. Mr. Speaker, I rise in opposition to the motion to
recommit.
[[Page H4948]]
The SPEAKER pro tempore. The gentlewoman from Colorado is recognized
for 5 minutes.
Ms. DeGETTE. Mr. Speaker, I have reviewed the motion to recommit, and
I must say to the gentleman, I certainly agree with the concept that
the gentleman from Oklahoma says is in this motion to recommit, but,
tragically, a reading of the motion shows that that is just not true.
The gentleman says that he is trying to stop foreign powers from
getting control over our intellectual property, but if you look at this
amendment, it basically gives ultimate power to the administration to
decide who is at risk and who shall not be or shall be allowed to be
certified.
Section A(1) here says these technologies will not be transferred if
it is determined to be at risk to the Secretary of Energy in
consultation with others.
At risk for what? At risk to whom? We simply don't know by reading
this. And what it could do is it could exempt entities that, for
example, have investments by U.S. Government officials or relatives of
U.S. Government officials. We just don't know. And what it is is just a
power grab by the administration.
We agree with the concept. We shouldn't be allowing intellectual
property to be transferred to foreign governments, but that is not what
this motion to recommit does. That is why we should all oppose the
motion to recommit, and we should, of course, all vote ``yes'' on the
Clean Economy Jobs and Innovation Act.
What this bill does is it makes long-overdue reforms to U.S. energy
policy, and it authorizes major investments in the transition to a low-
carbon future, which we so desperately need.
We saw from all of the amendments that we passed, Democratic and
Republican amendments that we passed today, how this bill, together,
can really usher in a new era for American innovation, serve as a down
payment on comprehensive climate action, and can also create jobs and
stimulate our economy.
Mr. Speaker, I urge all of our Members to take a close look at this
motion to recommit and see what the real damage it could do will be.
Vote ``no'' on the motion to recommit, and vote ``yes'' for clean
energy jobs and innovation.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. LUCAS. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3 of House Resolution
965, the yeas and nays are ordered.
The vote was taken by electronic device, and there were--yeas 193,
nays 214, not voting 23, as follows:
[Roll No. 205]
YEAS--193
Aderholt
Allen
Amodei
Armstrong
Arrington
Axne
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (NC)
Bishop (UT)
Bost
Brady
Brindisi
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Calvert
Carter (GA)
Carter (TX)
Chabot
Cline
Cloud
Cole
Collins (GA)
Comer
Conaway
Cook
Crenshaw
Cunningham
Curtis
Davidson (OH)
Davis, Rodney
DeFazio
DesJarlais
Diaz-Balart
Duncan
Emmer
Estes
Finkenauer
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gallagher
Garcia (CA)
Gianforte
Gibbs
Gohmert
Golden
Gonzalez (OH)
Gooden
Gosar
Granger
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Higgins (LA)
Hill (AR)
Holding
Hollingsworth
Horn, Kendra S.
Hudson
Huizenga
Hurd (TX)
Jacobs
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamb
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Marshall
Massie
Mast
McAdams
McBath
McCarthy
McCaul
McClintock
McHenry
McKinley
Meuser
Miller
Moolenaar
Mooney (WV)
Murphy (FL)
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pappas
Pence
Perry
Peterson
Posey
Reed
Reschenthaler
Rice (SC)
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rose (NY)
Rose, John W.
Rouzer
Roy
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Sherrill
Simpson
Slotkin
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spanberger
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Torres Small (NM)
Turner
Upton
Van Drew
Wagner
Walberg
Walden
Walker
Walorski
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wittman
Womack
Woodall
Zeldin
NAYS--214
Adams
Aguilar
Allred
Amash
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Fletcher
Foster
Frankel
Fudge
Gabbard
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Gomez
Gonzalez (TX)
Gottheimer
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Mfume
Moore
Morelle
Moulton
Mucarsel-Powell
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pascrell
Payne
Perlmutter
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sires
Smith (WA)
Soto
Speier
Stanton
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Trahan
Trone
Underwood
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NOT VOTING--23
Abraham
Burgess
Byrne
Cheney
Crawford
Dunn
Ferguson
Gaetz
Graves (GA)
Marchant
Mitchell
Mullin
Murphy (NC)
Riggleman
Rooney (FL)
Rutherford
Shimkus
Tiffany
Waltz
Wilson (SC)
Wright
Yoho
Young
{time} 1648
Messrs. CORREA, RICHMOND, VARGAS, and VELA changed their vote from
``yea'' to ``nay.''
Messrs. TURNER, FORTENBERRY, PAPPAS, and McHENRY changed their vote
from ``nay'' to ``yea.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
members recorded pursuant to house resolution 965, 116th congress
Bishop (GA) (Fudge)
Chu, Judy (Takano)
DeSaulnier (Matsui)
Frankel (Clark (MA))
Grijalva (Garcia (IL))
Hastings (Wasserman Schultz)
Hayes (Courtney)
Huffman (Thompson (CA))
Jayapal (Raskin)
Kaptur (Dingell)
Kim (Davids (KS))
Kirkpatrick (Gallego)
Langevin (Lynch)
Lawson (FL) (Evans)
Lieu, Ted (Beyer)
Lipinski (Cooper)
Lofgren (Jeffries)
Lowenthal (Beyer)
Lowey (Tonko)
Meng (Clark (MA))
Moore (Beyer)
Mucarsel-Powell (Wasserman Schultz)
Napolitano (Correa)
Payne (Wasserman Schultz)
Pingree (Clark (MA))
Pocan (Raskin)
Porter (Wexton)
Richmond (Fudge)
Roybal-Allard (Cardenas)
Rush (Underwood)
Serrano (Jeffries)
Speier (Scanlon)
[[Page H4949]]
Tlaib (Dingell)
Watson Coleman (Pallone)
Welch (McGovern)
Wilson (FL) (Adams)
The SPEAKER pro tempore (Ms. DelBene). The question is on the passage
of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. WALDEN. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3 of House Resolution
965, the yeas and nays are ordered.
The vote was taken by electronic device, and there were--yeas 220,
nays 185, not voting 25, as follows:
[Roll No. 206]
YEAS--220
Adams
Aguilar
Allred
Axne
Bacon
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doyle, Michael F.
Engel
Escobar
Eshoo
Evans
Finkenauer
Fitzpatrick
Fletcher
Fortenberry
Foster
Frankel
Fudge
Gabbard
Gallego
Garamendi
Garcia (TX)
Golden
Gonzalez (TX)
Gottheimer
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Sean
Matsui
McAdams
McBath
McCollum
McEachin
McNerney
Meeks
Mfume
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy (FL)
Napolitano
Neal
Neguse
Norcross
O'Halleran
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Peterson
Phillips
Pingree
Pocan
Porter
Price (NC)
Quigley
Rice (NY)
Richmond
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (NJ)
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Van Drew
Vargas
Veasey
Vela
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
Young
NAYS--185
Aderholt
Allen
Amash
Amodei
Armstrong
Arrington
Babin
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (NC)
Bishop (UT)
Bost
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Calvert
Carter (GA)
Carter (TX)
Chabot
Cline
Cloud
Cole
Collins (GA)
Comer
Conaway
Cook
Crenshaw
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Doggett
Duncan
Emmer
Espaillat
Estes
Fleischmann
Flores
Foxx (NC)
Fulcher
Gallagher
Garcia (CA)
Garcia (IL)
Gianforte
Gibbs
Gohmert
Gomez
Gonzalez (OH)
Gooden
Gosar
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Higgins (LA)
Hill (AR)
Holding
Hollingsworth
Horn, Kendra S.
Hudson
Huizenga
Hurd (TX)
Jacobs
Jayapal
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Keller
Kelly (MS)
Kelly (PA)
Khanna
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Levin (MI)
Long
Loudermilk
Lucas
Luetkemeyer
Maloney, Carolyn B.
Marshall
Massie
Mast
McCarthy
McCaul
McClintock
McGovern
McHenry
McKinley
Meng
Meuser
Miller
Moolenaar
Mooney (WV)
Nadler
Newhouse
Norman
Nunes
Ocasio-Cortez
Olson
Omar
Palazzo
Palmer
Pence
Perry
Posey
Pressley
Raskin
Reed
Reschenthaler
Rice (SC)
Roby
Rodgers (WA)
Roe, David P.
Rogers (KY)
Rose, John W.
Rouzer
Roy
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Simpson
Smith (MO)
Smith (NE)
Smucker
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Tlaib
Turner
Upton
Velazquez
Wagner
Walberg
Walden
Walorski
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wittman
Womack
Woodall
Zeldin
NOT VOTING--25
Abraham
Burgess
Byrne
Cheney
Crawford
Dunn
Ferguson
Gaetz
Granger
Graves (GA)
Marchant
Mitchell
Mullin
Murphy (NC)
Riggleman
Rogers (AL)
Rooney (FL)
Rutherford
Shimkus
Tiffany
Walker
Waltz
Wilson (SC)
Wright
Yoho
{time} 1728
Mr. GROTHMAN changed his vote from ``yea'' to ``nay.''
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated against:
Ms. GRANGER. Madam Speaker, I missed votes due to circumstances
beyond my control. Had I been present, I would have voted nay on
rollcall No. 206.
members recorded pursuant to house resolution 965, 116th congress
Bishop (GA) (Fudge)
Chu, Judy (Takano)
DeSaulnier (Matsui)
Frankel (Clark (MA))
Grijalva (Garcia (IL))
Hastings (Wasserman Schultz)
Hayes (Courtney)
Huffman (Thompson (CA))
Jayapal (Raskin)
Kaptur (Dingell)
Kim (Davids (KS))
Kirkpatrick (Gallego)
Langevin (Lynch)
Lawson (FL) (Evans)
Lieu, Ted (Beyer)
Lipinski (Cooper)
Lofgren (Jeffries)
Lowenthal (Beyer)
Lowey (Tonko)
Meng (Clark (MA))
Moore (Beyer)
Mucarsel-Powell (Wasserman Schultz)
Napolitano (Correa)
Payne (Wasserman Schultz)
Pingree (Clark (MA))
Pocan (Raskin)
Porter (Wexton)
Richmond (Fudge)
Roybal-Allard (Cardenas)
Rush (Underwood)
Serrano (Jeffries)
Speier (Scanlon)
Tlaib (Dingell)
Watson Coleman (Pallone)
Welch (McGovern)
Wilson (FL) (Adams)
____________________