U.S. GOVERNMENT PUBLISHING OFFICE

36–349 PDF WASHINGTON : 2019

S. HRG. 116–18 

BUSINESS MEETING 

MEETING 

BEFORE THE

COMMITTEE ON 

ENVIRONMENT AND PUBLIC WORKS 

UNITED STATES SENATE 

ONE HUNDRED SIXTEENTH CONGRESS 

FIRST SESSION 

APRIL 10, 2019 

Printed for the use of the Committee on Environment and Public Works 

( 

Available via the World Wide Web: http://www.govinfo.gov 

(II) 

COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS 

ONE HUNDRED SIXTEENTH CONGRESS 

FIRST SESSION 

JOHN BARRASSO, Wyoming, Chairman 

JAMES M. INHOFE, Oklahoma 

SHELLEY MOORE CAPITO, West Virginia 

KEVIN CRAMER, North Dakota 

MIKE BRAUN, Indiana 

MIKE ROUNDS, South Dakota 

DAN SULLIVAN, Alaska 

JOHN BOOZMAN, Arkansas 

ROGER WICKER, Mississippi 

RICHARD SHELBY, Alabama 

JONI ERNST, Iowa 

THOMAS R. CARPER, Delaware, 

Ranking Member 

BENJAMIN L. CARDIN, Maryland 

BERNARD SANDERS, Vermont 

SHELDON WHITEHOUSE, Rhode Island 

JEFF MERKLEY, Oregon 

KIRSTEN GILLIBRAND, New York 

CORY A. BOOKER, New Jersey 

EDWARD J. MARKEY, Massachusetts 

TAMMY DUCKWORTH, Illinois 

CHRIS VAN HOLLEN, Maryland 

RICHARD M. RUSSELL, Majority Staff Director 

MARY FRANCES REPKO, Minority Staff Director 

(III) 

C O N T E N T S 

Page 

APRIL 10, 2019 

OPENING STATEMENTS 

Barrasso, Hon. John, U.S. Senator from the State of Wyoming .......................... 1 

Carper, Hon. Thomas R., U.S. Senator from the State of Delaware ................... 3 

LEGISLATION AND ADDITIONAL MATERIAL 

Text of S. 383, the Utilizing Significant Emissions with Innovative Technologies Act, or the USE IT Act .......................................................................... 12 

Text of S. 747, the Diesel Emissions Reduction Act of 2019 ................................ 43 

Text of S. 1061, the John F. Kennedy Center Reauthorization Act of 2019 ....... 46 

Committee Resolutions: 

Lease, Department of Health and Human Services, Food and Drug Administration, Jamaica, NY. PNY-01-QU19 ................................................. 50 

Alteration, Major General Emmett J. Bean Federal Center, Indianapolis, 

IN. PIN-1703-IN18 ........................................................................................ 52 

Alteration, James C. Corman Federal Building, Van Nuys, CA. PCA0007-LA18 ...................................................................................................... 53 

Alteration, Federal Office Building, Seattle, WA. PWA-0036-SE18 ............. 54 

Alteration, Pacific Highway U.S. Land Port of Entry, Blaine, WA. PWA00BN-BL18 .................................................................................................... 55 

Alteration, Anthony J. Celebrezze Federal Building, Cleveland, OH. POH0192-CL18 ...................................................................................................... 56 

Alteration, IRS Service Center, Ogden, UT. PUT-0036-OG18 ..................... 57 

Building Acquisition, Department of Transportation Headquarters, 1200 

New Jersey Avenue, Southeast, Washington, DC. PDC-0689-WA19 ....... 58 

Letter to Senators Barrasso and Carper from the American Road and Transportation Builders Association, April 24, 2019 .................................................. 59 

(1) 

BUSINESS MEETING 

WEDNESDAY, APRIL 10, 2019 

U.S. SENATE, COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS, Washington, DC. 

The Committee met, pursuant to notice, at 10:04 a.m. in room 

406, Dirksen Senate Office Building, Hon. John Barrasso (Chairman of the Committee) presiding. 

Present: Senators Barrasso, Carper, Inhofe, Capito, Braun, 

Rounds, Sullivan, Boozman, Ernst, Cardin, Whitehouse, and Van 

Hollen. 

OPENING STATEMENT OF HON. JOHN BARRASSO, 

U.S. SENATOR FROM THE STATE OF WYOMING 

Senator BARRASSO. Welcome to this large crowd of paid staff and 

blood relatives. We are happy to have you here today. 

[Laughter.] 

Senator BARRASSO. Good morning. I call this business meeting to 

order. Today we are going to consider three bills and eight General 

Services Administration resolutions. 

Senator Carper and I have agreed that we will begin voting at 

10:15. At that time, I am going to call up the items on the agenda. 

We will not debate the items on the agenda while we are voting. 

Instead, we will debate the items on the agenda before we begin 

voting at 10:15. I am also happy to recognize any members who 

wish to make speeches or talk about the bills after the voting concludes. 

The first bill we will consider is S. 383, the Utilizing Significant 

Emissions with Innovative Technologies Act, or the USE IT Act. 

The USE IT Act is a bipartisan piece of legislation to promote carbon capture technologies that take carbon out of the air and to find 

productive uses for it. 

Carbon capture, utilization, and sequestration are needed to reduce the impacts of climate change, while also delivering abundant 

and affordable energy to the Nation. 

You don’t have to take my word for it; across the board, carbon 

capture is seen as a critically important technology. State governments, industry stakeholders, labor organizations like the Utility 

Workers Union of America, and environmental groups like the Audubon Society or The Nature Conservancy all recognize the importance of carbon capture. 

At our hearing in February to consider the USE IT Act, we heard 

about the critical role of carbon capture technologies in addressing 

climate change. The Clean Air Task Force testified, ‘‘Carbon capVerDate Aug 31 2005 11:40 May 29, 2019 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 S:\_EPW\DOCS\36349.TXT SONYA
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ture, utilization, and storage and direct air capture will play a crucial role in decarbonizing our global energy system.’’ 

Now, I have repeatedly said the best way to combat climate 

change is through innovation, not Government taxation or regulation. The USE IT Act will continue to cement the United States as 

a global innovation leader in carbon capture. The United Nations 

Intergovernmental Panel on Climate Change has recognized the 

pivotal role that carbon capture can play in meeting its climate targets. 

My support for climate innovation does not rest on carbon capture alone. We have worked together in a bipartisan manner on 

this Committee to support the most reliable zero emission source 

of energy that we have, which is nuclear energy. Last year we 

passed the Nuclear Energy Innovation and Modernization Act. We 

must continue to address fundamental issues to allow nuclear energy to grow in the future, issues like the need to properly manage 

and dispose of spent nuclear fuel at Yucca Mountain. 

The second bill we are going to consider today is another important step forward in addressing emissions that contribute to climate change, S. 747, the Diesel Emissions Reduction Act of 2019, 

or DERA. Since Congress first created the program in 2005, it has 

enjoyed broad bipartisan support. This legislation would reauthorize the Diesel Emissions Reduction Act through fiscal year 2024. 

I want to thank the Ranking Member and his staff for his leadership on this program throughout the years. The program has been 

one of the most cost efficient clean air programs. Like the USE IT 

Act, the Diesel Emissions Reduction Act supports innovation led solutions to environmental protection. 

Upgrading diesel engines not only reduces nitrogen oxide, but 

also emissions of both black carbon and carbon dioxide. Black carbon is a component of particulate matter that has a global warming 

potential that may be thousands of times higher than carbon dioxide over a 20-year timeframe. 

So, today we are moving two bipartisan bills out of this Committee that are going to reduce emissions that contribute to climate 

change, and there will be more to come. The USE IT Act and the 

Diesel Emissions Reduction Act of 2019 each passed our Committee 

by voice vote in the last Congress. I urge my colleagues to once 

again support passage of these bills today, as we work it across the 

full Senate and get signed into law. 

When we work together, we have shown that we can promote 

American leadership, grow our economy, and lower emissions. 

The third bill we will consider is S. 1061, the John F. Kennedy 

Center Reauthorization Act of 2019, which reauthorizes funding for 

the Kennedy Center. Last Congress, this Committee approved this 

legislation by a voice vote, and the Senate passed it by unanimous 

consent. 

We will also consider eight resolutions to approve prospectuses 

providing for General Services Administration lease acquisition and 

alteration. 

After Ranking Member Carper gives his opening statement and 

other members make remarks, at 10:15 we will proceed to vote on 

the items on our agenda provided we have a reporting quorum. 

3 

After we finish voting, I will be happy to recognize other members 

who wish to speak. 

I would now like to turn to our Ranking Member for comments 

that he might like to make. 

OPENING STATEMENT OF HON. THOMAS R. CARPER, 

U.S. SENATOR FROM THE STATE OF DELAWARE 

Senator CARPER. Thanks, Mr. Chairman. 

Walking up from the train station this morning, I came out of 

Union Station and looked up Delaware Avenue to the Capitol, and 

I saw sunshine, I saw blue skies. The Capitol was just glistening 

in the sunlight. It was like what Christoph Toulouse would say, a 

top 10 day. It is just a glorious day. 

And at a time when there is a fair amount of diversity and disagreement in our country, and frankly around the world, and our 

Government, and to some extent, in this Senate, there is something 

to celebrate, and that is when we can find common ground and 

work together to address some big challenges that we face on this 

planet, so I am happy to be here with all of you, grateful to the 

Chairman for convening us today. 

I want to follow up on his remarks with remarks of my own 

about the two pieces of legislation that he was talking about that 

he and I have collaborated on, along with Sheldon Whitehouse, 

along with Jim Inhofe and others on this Committee, and one of 

those is the Diesel Emissions Reduction Act, known as DERA, and 

the Utilizing Significant Emissions with Innovative Technologies, 

known as the USE IT Act. 

Both of these bills are good for our environment; they are also 

good for our economy, and they are important in our fight against 

climate change. 

Some of our newer colleagues on our Committee have not heard 

this story before, so I am going to share it with you. I think it was 

2005. George Voinovich, from Ohio—Republican, former Governor 

and Senator from Ohio, from Cleveland—came to me one day. He 

said, I would like to share with you an idea, a legislative idea that 

actually reduces emissions, harmful emissions from diesel engines. 

I said, how big a problem is that, and he said, well, there are millions of them. He said, the old diesel engines, the good thing about 

them is they last a long time; the bad thing about them is that 

they last a long time, and they spew out all kinds of stuff. 

We have all sat at a stop light before and had a big diesel truck 

before us or besides us. When the light changes, the trucks hits out 

all this black stuff that comes out of their emissions. As the Chairman has mentioned, some of it is black carbon, and whether you 

believe in climate change or not, it is bad stuff. It can be as much 

as 1,000 times worse for our environment, for our climate than regular carbon dioxide. 

They used to ask Willie Sutton, why do you rob banks—back in 

the Great Depression—and he said because that’s where the money 

is. Well, carbon emissions, diesel emissions are where a lot of the 

bad stuff is coming from. 

George said to me, he said, Tom, the nice thing about this technology is you can actually put it on existing diesel engines, boats, 

cars, trucks, locomotives, and he said it will reduce emissions by 

4 

as much as 90 percent. I said, well, that is great. He said, not only 

that, the technology is developed by Corning, up in New York, so 

it is American technology. 

We can do good things for our environment, for our planet, and 

we can create jobs using American technology and sell the technology around the world, and this legislation has been, with Jim 

Inhofe’s strong support and leadership, we have taken this up, we 

have reauthorized this every several years, and we are prepared to 

do that again. 

I would just say there are a number of our colleagues on this 

Committee are cosponsors of this legislation. For those who aren’t, 

I would urge you to join us; it is one of those great intersections 

between cleaner air, better environment, and creating jobs, American jobs. For me, that is the Holy Grail where we want to go to. 

I want to thank all of our colleagues for being a big part of not 

only reauthorizing the Diesel Emissions Reduction Act, but actually making it better. 

I was invited by Rob Portman to speak at a staff retreat last 

week, staff here on Capitol Hill, and it includes a lot of George 

Voinovich folks, alums, and I know that George is looking down 

today, very excited and happy with what we are doing. 

The USE IT Act that we are voting on today, as the Chairman 

mentioned, is intended to support widespread development and deployment of carbon capture, utilization, and sequestration technologies, also known as CCUS. This includes making smart investments in direct air capture, which sucks carbon dioxide right out 

of the air. 

I know some of this technology is nascent. I think they are doing 

more with it in Europe than we have been doing, but I like to say 

there is no silver bullet as we try to address these issues, but there 

are a lot of silver BBs, and a big one can be figuring out how to 

suck carbon right out of the air, and that is what we are pushing 

with this legislation in the USE IT Act. 

I hasten to add that DERA and the USE IT Act cannot be the 

only climate actions that our Committee takes. We need broad, 

bold climate action to protect our planet. 

That said, I do appreciate that now, at a time when our country 

is looking for ways to create jobs, achieve healthier air, and a safer 

climate, cleaning up dirty diesel engines and deploying CCUS are 

two of many ways we can achieve these goals. 

That leads us to our third bipartisan bill, which would reauthorize funding for the Kennedy Center. I want to thank our Chairman 

for reintroducing this legislation. I am happy to co-sponsor the bill 

along with Senators Capito and Cardin. This bill is another excellent example of what we can accomplish when we work together to 

get things done, and I look forward to collaborating, Mr. Chairman, 

with you and all of our colleagues on this Committee, as well as 

our friends in the House and Senate to get it to the President’s 

desk. 

Today we are considering eight GSA prospectuses and resolutions. These are not controversial prospectuses; they have been 

identified as high priorities by the GSA. 

I would ask for the opportunity just to enter into the record the 

rest of my statement. 

5 

Thank you, Mr. Chairman. 

Senator BARRASSO. Without objection, we look forward to entering that into the record. 

[The prepared statement of Senator Carper was not received at 

time of print.] 

Senator BARRASSO. Senator Inhofe. 

Senator INHOFE. Just real briefly. I always relish the time that 

Senator Carper and I can agree on something, and to have three 

bills in one meeting, I am excited about it. 

Now, where are your Democrats? We need a quorum. 

[Laughter.] 

Senator BARRASSO. We had announced that we would vote at 

10:15, and we are a little short of that number. A number of Democrats were here, but right now the Attorney General is testifying 

in another committee, as is the Secretary of State in a different 

committee, so I know people have been running in and out. We 

hope to be able to vote in a few seconds, when a couple more members will show up, so we will just stand in recess for a little while 

to wait for that. 

Senator CARPER. I have asked my staff to reach out far and wide 

to get as many Democrats here as quickly as we can, so thank you 

for your patience. 

[Recess.] 

Senator BARRASSO. Well, now that members of the Committee 

have arrived, we will vote on the items of today’s agenda. 

The Ranking Member and I have agreed to vote on the three 

bills and eight General Services Administration resolutions en bloc 

by voice vote. Members may choose to have their votes recorded for 

a specific item in that bloc after the voice vote. 

The Ranking Member and I have further agreed that S. 1061, 

the John F. Kennedy Center Reauthorization Act of 2019, which 

was introduced on April 8th, replaces the text that was circulated 

with a notice on April 5th. This introduced bill is identical to the 

text that was circulated. 

I would now like to call up S. 383, the Utilizing Significant Emissions with Innovative Technologies Act; S. 747, the Diesel Emissions Reduction Act of 2019; S. 1061, the John F. Kennedy Center 

Reauthorization Act of 2019; and eight General Services Administration resolutions en bloc. 

I move to approve and report S. 383, S. 747 and S. 1061 favorably to the Senate and approve eight GSA resolutions en bloc. 

Is there a second? 

Senator INHOFE. Second. 

Senator CARPER. Second. 

Senator BARRASSO. All those in favor say aye. 

[Chorus of ayes.] 

Senator BARRASSO. All those opposed, say nay. 

[No audible response.] 

Senator BARRASSO. In the opinion of the Chair, the ayes have it. 

We have now approved S. 383, S. 747, S. 1061, which will be reported favorably to the Senate. We have also approved eight GSA 

resolutions. 

6 

The voting part of the meeting having finished, I am happy to 

recognize any member who wishes to make a statement on any of 

the legislation or resolutions we have just approved. 

Seeing none, I have a number of letters of support for the legislation and I ask unanimous consent to enter into the record statements of support for the USE IT Act from the National Mining Association and the National Wildlife Federation. 

[The referenced information follows:] 

7 


36349.048

HAL QUINN 

April 9, 2019 

The Honorable John Barrasso 

Committee on Environment and Public Works 

United States Senate 

Washington, DC 20510 

Dear Chairman Barrasso: 

The National Mining Association commends you for your leadership in authoring and introducing 

S. 383, the Utilizing Significant Emissions with Innovative Technologies "USE IT" Act 

Global coal-fired power capacity has increased 62 percent since 2000 and, with that growing 

capacity, coal will continue to be a predominant fuel in the global energy mix. 

Advanced coal technologies that increase efficiency and reduce emissions are being cost-effectively 

deployed around the globe as world coal consumption continues to grow. At present these 

technologies are being underutilized in the U.S., even while 67 percent of voters say the U.S. should 

be doing more to encourage their use here at home. 

With smart incentives, such as those included in the "USE IT" Act, the U.S. could deliver both the fuel 

diversity and emissions reductions voters want by embracing innovation and encouraging the 

adoption of advanced coal technologies. 

Specifically, we support provisions that promote further research and development of technologies 

that will convert carbon into products of commercial value. We also support the goal of reviewing and 

developing policy guidance to facilitate the permitting of the necessary supporting infrastructure 

including carbon dioxide pipelines. 

The success of any effort to address the changing climate will rest with innovation and technology -

utilizing both the technologies that exist today and investing in new technologies for tomorrow. The 

USE IT Act is an important step forward in advancing commonsense, meaningful action to reduce 

emissions globally. The U.S. has always been home to pioneering innovation and cutting-edge 

technologies; through the USE IT Act, we can help bring important carbon capture technologies to 

commercial reality, incentivize their use at home and export them to the rest of the world. 

Thank you for putting forward this legislation. 

Sincerely, 

~~-· 

Hal Quinn National Mining Association 1120?) 
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36349.049

Carbon Removal Among Strategies Needed to Stabilize Climate 

WASHINGTON, D.C. (AprillO, 2019)- As the U.S. Senate Committee on Environment and 

Public works considers a bill aimed at carbon removal strategies, Collin O'Mara, president and 

CEO of the National Wildlife Federation said: 

"We need to leverage every possible tool and technology to lessen climate impacts that are 

bearing down on people and wildlife, from catastrophic megafires to severe weather. To give 

ourselves the best chance to stabilize the climate, it's essential to invest now in both natural 

solutions and technologies that can remove, store and reuse the carbon fueling climate change, so 

that we can protect our natural resources and wildlife for future generations. That's why the 

National Wildlife Federation has joined the Carbon Capture Coalition to work with a diverse 

group of stakeholders seeking to advance carbon removal strategies that are good for our natural 

resources and workers alike. The leadership from Senators Barrasso and Whitehouse on bills like 

the USE It Act (S. 383) represents the bipartisan progress we need to advance technology for 

mid-century climate goals." 
9 

Senator BARRASSO. I also ask unanimous consent to enter into 

the record a letter of support of the Diesel Emissions Reduction Act 

of 2019 from the U.S. Chamber of Congress. 

Without objection, it is done. 

[The referenced information follows:] 

10 


36349.050

CHAMBER OF COMMERCE 

OF THE 

UNITED STATES OF AMERICA 

NElL L. BRADLEY 

E\LCCTI\'J·. \'!Cl: PRr·.SJDIC:-.:T & 

C!lll:l· l'OI.IC) Ol·!·ICI·.R 

The Honorable John Barrasso 

Chainnan 

Committee on Environment and Public 

Works 

United States Senate 

Washington, D.C. 20510 

AprilS, 2019 

Dear Chairman Barrasso and Ranking Member Carper: 

The Honorable Tom Carper 

Ranking Member 

Committee on Environment and 

Public Works 

United States Senate 

Washington, D.C. 20510 

NW 

20062 

10 

The U.S. Chamber of Commerce strongly supports S. 747, the bipartisan Diesel Emissions 

Reduction Act (DERA) of2019. 

The DERA program, originally established in 2005, has proven to be a model example of the 

cooperative, solutions-focused framework that is central to the Clean Air Act's success, bringing 

together a broad and diverse coalition of regulators, manufacturers, and emissions control providers 

to work together to improve air quality. The DERA Act of2019 would build on this record of success 

by extending the program through 2024 at an authorized funding level of $100 million per year. 

The DERA program is widely regarded for its record of providing effective tools to address 

air quality issues at the local level. While modern diesel engines are extremely clean and 

technologically advanced, because they can operate for 30 years or more, millions of older, dirtier 

engines are still in use. The voluntary DERA program provides competitive grants and rebates to 

projects that replace or upgrade those older engines, often reducing pollutant emissions by more than 

90 percent. According to EPA, between 2008 and 2013, DERA funding helped retrofit or replace 

over 73,000 vehicles, equipment and engines. 

The Chamber commends the Committee for its important work, and urges it to favorably 

reportS. 747 to the full Senate. 

Sincerely, 

~L~ 

Neil L. Bradley 

cc: Members of the Senate Committee on Environment and Public Works 
11 

Senator BARRASSO. I ask unanimous consent that the staff have 

authority to make technical and conforming changes to each of the 

matters approved today. 

With that, our business meeting is concluded, and we are adjourned. 

[Whereupon, at 10:25 a.m. the Committee was adjourned.] 

[Text of legislation and additional material follow:] 

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36349.001

lHiTH CO:\'GHESS 

1i:'T SESSIO:\ S.383 

II 

To support carbon dioxide ntllization and direct. air eapturc research, to 

facilitate the permitting and cleYelopment of carbon captuJ·e: utilization, 

aud seque.stration projects and earhor; <lioxide pipelines, and for other 

purposes. 

IN THE SENATE OF THE L.TNITED STATES 

F'EBRl'AHY 7, 2019 

Mr. BARRASSO (for himself, Mr. 'WmTEI-IOl'SE, l\irs. CAJ'ITO. ?l'!s. Dt•cKWORTH, Mr. CRAMER, Ms. SMITH, J\ir. MAC\'CI-!IN, Mr. CARPEH, and N[r. 

Er:zr) introduced the following- bill; which was read t;;ice and referred to 

the CommitteB on Environment alld Pnblic Works 

A BILL 

To support carbon dim.icle utilization and direet air 

of carbon capture. 

and carbon dioxide 

2 h:ves of the Un-ited States 

3 SECTION L SHORT TITLE. 

projcets 

purposes. 

4 This Ac:t ma~- be cited as the "Utilizing Significant 

5 Emissions l'ith Im1oYatiw Act" or the 'TSE 

6 IT Act". 
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36349.002

2 

TITLE I-ENCOURAGING PROJ2 ECTS TO REDUCE EMISSIONS 

3 SEC. 101. RESEARCH, Il't'VESTIGATION, TRAI1'<1:NG, A.~D 

4 OTHER ACTIVITIES. 

5 Section 103 of the Clean Air Act (42 U.S.C. 7403) 

6 is amended7 

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(1) in subsection (c)(3), in the first sentence of 

the matter (A), 

''percursors'' and 

(2) in subsection (g)-

(A) by redesignating 

through ( 4) as (A) 

and 

striking 

(1) 

(D), 

, ancl 

(B) m the 

appropriately; 

(D) (as so 

(i) in the second sentence, 

"The Administrator" and 

lowing: 

striking 

the fol-

"(5) COORDI:\ATIO:-; A:-;D AYOIDASCE OF D'CPLICATIO:-;.-The and 

•S 383 IS 

(ii) in the first sentence, 

:md tbe 

EFFECT OF Sl"BSECTIO:-; 

(C) in the matter 

(as so 
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36349.003

2 

3 

3 

(i) m the third sentence, by striking 

"Sueh and the fol4 PROGRJ\1VI E\CLUSIO:\S.-The progTam 

5 under this 

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(ii) in the second sent.enee-

(I) inserting "States, institutions of higher education," after "scientists.": and 

(II) by striking "Sueh strategies 

and shall be developed" 

12 and inserting the following: 

13 PARTICTPATIO:\ REQCIREME"<T.-Such 

14 and technolog-ies described in 

15 (1) shall be deYeloped'': a.nd 

16 (iii) in the first sentence, by 

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•S 383 IS 

"In out" and inserting the fol-

"(1) I:-; GE:\ERAL.-ln out": ancl 

(D) at the end the 

"(()) CERTA1:\ CARBO:\ DIOXIDE ACTJTITIES.-

''(A) I:\ GE:\ER.tcL.-In out paragraph (:3 )(A) with respect to earbon dioxide, the 

Administrator shall c:arr~· out the acti,·ities de-
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36349.004

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•S 383 IS 

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scribed in each of subparagraphs (B), (C), (D), 

and (E) 

"(B) DIRECT AlR CAPTuRE RESEARCH.-

"(i) DEFI:\ITI0:\'8.-In this subparagraph: 

"(I) BOARD.-The term 'Board' 

means the Direct }..ir Capture Technology Advisory Board established by 

clause (iii)(I). 

"(II) DILlTTE.-The term 'dilute' 

means a concentration of less than 1 

percent by volume. 

"(III) DIRECT AIR CAPTL'RE.-

"(aa) IK GE:\ERA.L.-The 

term 'direct air capture', with respect to a facility, technology, or 

system, means that. the facility, 

technology, or system uses carbon capture equipment to capture carbon dioxide directly from 

the air. 

"(bb) EXCLT:SIO:'\.-The 

term 'direct air capture' does not 

include any facilit)·, technology, 
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36349.005

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•S 383 IS 

0 

or system that captures carbon 

dioxidethat is delibreleased from a naturally occurring subsurface 

spring; or 

"(I3B) using natural 

photosynthesis. 

"(II!) J:\TELLEC'lT.AL PROPERTY.-The term 'intellectual property' means-

"(aa) an invention that is 

patentable under title 35, United 

States Code; and 

"(bb) any patent on an mYention described in item (aa). 

"(ii) TECIEOLOGY PRIZES.-

"(I) I:\ GE:\ERAL.-Not later 

than 1 ~-ear after the date of enactment of the USE IT .cict. the Administrator. in consultation vvith the Secretary of shall establish a 

program to proYide. and shall proYide, 

financial awards on a competihn~ 

basis for direct arr capture from 
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36349.006

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•S 383 IS 

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media m whieh the c:oncentration of 

carbon dioxide is dilute. 

"(II) Dt:TIES.-In carr~ing out 

this clause, the Administrator shall-

"(aa) subject to subclause 

(III), deYelop requirements for-

"(iL'i) the competition 

process; and 

"(BB) the demonstration of performanee of approwd projects; 

"(bb) offer financial ai·Yarcls 

for a project desig11edto the maximum 

extent to capture more than 10,000 tons 

of earbon dioxide per year; 

and 

"(BB) to operate m a 

manner that would be com-

>iable in the fOJ·esecable future (as determined b~- the Board); and 
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36349.007

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•S 383 IS 

In 

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"(ec) to the maximum extent practicable, make financial 

awards to geographically diYerse 

including at least-

"(AA) 1 project m a 

coastal State; and 

"(BB) 1 m a 

rural State. 

"(III) PUBLIC PARTlCIPAT!Ol\.-

out subclause (II)(aa), the 

Administrator sl!allprmide notice of 

for a period of not less than 60 

clays, an opportunity for public 

comment on, any draft or proposed wrsion of the 

described in subclause (II)(aa); 

and 

"(bb) take into account 

lie eomments receiwd in clewlthe final version of those 

"(iii) DIRECT AIR CAPTl'H.E TECH-

:-\OLOGY AIAISOBY BOAHD.-
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36349.008

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"(I) ESTA13LISIIMENT.-There is 

established an achisory board to be 

known as the 'Direct Air 

Technology Achisory Board'. 

"(II) CmrPOSITION.-The Board 

shall be composed of 9 members appointed by the Administrator, who 

shall prmide expertise inclimate science; 

"(bb) 

"(cc) 

"(del) biology; 

"(ee) engineering; 

"(ff) economics; 

business management; 

and 

"(hh) such other 

as the Administrator determines 

to be necessary to achieYe the 

purposes of this subparagTaph. 

"(III) YACA?\CIES.-

"(an) TEtDL-A member of 

the Board shall serYe for a term 

of 6 years. 
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36349.009

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"(bb) VACii...'\CIES.-A vacancy on the Board-

"(A.A.) shall not affect 

the powers of the Board; 

and 

"(BB) shall be filled in 

the same manner as the 

was 

made. 

"(IV) l'\'TTIAI" MEETI:\'G.-Not 

later than ~10 clays after the date on 

which all members of the Board haYe 

been appointed, the Board shall hold 

the initial meeting of the Board. 

"(Y) l\IEETI::\GS.-The Board 

shall meet at the call of the Chairperson or on the request of the Administrator. 

"(\1) Ql'OR1.:~L-A majority of 

the members of the Board shall constitute a quorum, but a lesser number 

of members rna:· hold 

"(\"'I) CHAIRPErtSO::\ A:\'D \"'CE 

CIHIRPERSO:\.-The Board shall select a Chairperson and \'ice Chair-
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36349.010

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person from among the members of 

the Board. 

"(VIII) C0'\1PE;--;SATIOc-J.-Each 

member of the Board may be comat not to exceed the 

equivalent of the annual rate of basic 

pay in effect for a position at level V 

of the Executive Schedule under section 5316 of title 5, United States 

Code, for eaeh during which the 

member is eu;~a;;ec' in the actual performance of the duties of the Board. 

"(IX) DT:TIES.-The Board shall 

advise the Administrator on carrying 

out the cl.uties of the Administrator 

under this 

"(X) FACA.-The Federal A(hisory Committee Act (5 U.S.C. App.) 

shall apply to the Board. 

"(iY) J:\"TELLECTt'AL PROPERTY 

"(I) h GEC\ERAL.-As a condition of a financial award 

under this subparagraph, an applicant 

shall agree to Yest the intellectual 

propert~· of the 
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36349.011

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tl1e technology in 1 or more entities 

that are incorporated in the United 

States. 

"(II) RESERVA'riO:\' OF LICE:\SE.-The United States-

"(aa) may reserve a nonexelusive, nontransferable, irreYpaid-up license, to have 

practiced for or on behalf of the 

United in connection with 

an.1· intellectual property described in subelause (I); but 

"(bb) shall not, in the exercise of a license reserYed under 

item (aa), publicly disclose proinformation 

the license. 

to 

"(Ill) TR.A.:\'SFER CW TITLE.-

Title to an~· intellectual propert? described in subclause (l) shall not be 

transfelTed or except to an 

that 1s ineorporated m the 

1Tnited States, until the of 

the first patent obtained in connection 

~;ith the intellectual propert~-. 
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36349.012

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"(v) AVrHORIL;ATIO:\ OF APPROPRL'\-

TI0:\8.-There is authorized to be appropriated to carry out this subparagraph 

$35,000,000, to remain available until expended. 

"(vi) TERMINATION OF ADTIIORITY.-

The Board and all authority provided 

under this snbparagTaph shall terminate 

not later than 10 years after the date of 

enactment of the USE IT Act. 

"(C) CARBOl\ DlO:AiDE L:TILlZATIOl\ RESEARCH.-

"(i) DEFil\ITTO:\' OF CARBO:\' DIOXIDE 

FriLlZATIOl\.-In this subparagTaph, the 

term 'carbon dioxide utilization' refers to 

technologies or approaches that lead to the 

use of carbon dioxide-

" (I) through the fixation of carbon dioxide through photosynthesis or 

chemosynthesis, such as through the 

growing of algae or bacteria; 

"(II) through the chemical conversion of carbon dioxide to a material 

or chemical compound in which the 

carbon dioxide is securely stored; or 
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36349.013

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"(III) through the use of carbon 

dioxide for any other purpose for 

which a commercial market exists, as 

determined by the Administrator. 

"(ii) PROGRAM.-The Administrator, 

in consultation '"ith the Secretary of Energy, shall carry out a research and development program for carbon dioxide utilization to promote existing and new technologies that transform carbon dioxide 

generated by industrial processes into a 

product of commercial value, or as an 

input to products of commercial Yalue. 

"(iii) TECH!\ICAL A,\'D FINASCIAL ASSISTANCE.-1'\ot later than 2 years after 

the date of enactment of the l:SE IT Act, 

in carr~ing out this subsection, the Administrator, in consultation v,ith the Secretary 

of Energy, shall support research and infrastructure acti1ities relating to carbon 

dioxide utilization b~- providing technical 

assistance and financial assistance in accordance ·with clause (iv). 

"(iv) ELIGIBILITY.-To be eligible to 

receiYe technical assistance and financial 
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36349.014

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•S 383 IS 

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assistance under clause (iii), a carbon dioxide utilization project shall-

" (I) have access to an emissions 

stream by a stationar~-

source v1ithin the United States that 

IS of suppl.Jing not less than 

250 metric tons per of carbon elioxide for 

"(H) haye aceess to adequate 

space for a laboratory and equipment 

for testing small-scale carbon dioxide 

utilization technolog·ies, with onsit.e 

access to 

and 

"(III) hcwe 

with institutions of higher education, 

or other 

g·oyernment entities. 

"(y) COOitDIC\~\TJO:\.-In 

csrbon dioxide utilization projects under 

this the Administrator shall 

consult '1\ith the of Energy, and, 

as appropriate, ~>ith the head of any other 

relei'Emt Federal agency, 

I'Rte sedor, Rnd institutions of 

the priedu-
26 


36349.015

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cation to dewlop methods and ''"''"L'v"'"-''-'0 

to account for the carbon dioxide emissions 

aYoided by the carbon dioxide utilization 

projects. 

"(yi) At:THOR.IZATIO~ OP APPROPRlATIO>JS.-There is authorized to be appropriated to carry out this subparagraph 

$50,000,000, to remain available until ex-

''(D) DEEP SALI:\E PORM.A TIO:-J REPORT.-

"(i) DEFE\ITION OF' DEEP SALI:\E 

FORMATI0:\'.-

"(1) I:\ GE:\'ERl,L.-Tn this subparagraph, the term 'deep saline formation' means a formation of subsurface geogn1phically extensiw sedimentar:· rock saturated with 

water·s or brines that h<we a total 

dissolYecl solids eontent and that are 

below the depth where carbon dioxide 

can exist in the formation as a supercritical f1uid. 

"(II) CLARIFICATIO~.-Tn this 

the term 'deep saline 
27 


36349.016

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•S 383 IS 

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formation' does not include oil and 

gas reservmrs. 

"(ii) REPORT.-In consultation vvith 

the Secretary of Energy, and, as appropriate, with the head of any other relevant 

Federal agency and relevant stakeholders, 

not later than 1 year after the date of enactment of the USE IT Act, the Administrator shall prepare, submit to Congress, 

and make publidy available a report that 

includes-

" (I) a comprehensive identification of potential risks and benefits to 

project de-velopers associated ''ith increased storage of carbon dio:lcide captured from stationar,y sources in deep 

saline formations, using existing research; 

"(II) recommendations for managing the potential risks identified 

under subclause (I). including potential risks unique to public land; and 

"(III) recommendations for Federal legislation or other policy changes 
28 


36349.017

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•S 383 IS 

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to mitigate any potential risks identified under subclause (I). 

REPORT 0:\ CiiRBO:-\ DIOXIDE :-:o:--:-

REGGu\TORY 

:\OLOGIES.-

"(i) 

STRATEGIES TECHI:--: GEXERAL.-Not less frequently than once eYery 2 years, the Administrator shall submit to the Committee 

on Emironment and Public ·works of the 

Senate and the Committee on Energy and 

Commerce of the House of RepresentatiYes 

a report that describes-

"(I) the of assistance 

under subparagraphs (B) and (C); 

and 

"(II) a plan for supporting additiona! nonregulatory 

technologies that could 

and 

preYent e;arbon dioxide emissions or 

reduce ca.rbon dioxide levels in the air. 

lll with other Federal 

"(ii) IXCIXSIOXS.-The plan submitted under elause (i) shall include--
29 


36349.018

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•S 383 IS 

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''(Il a methodology for 

and ranking technologies based on the 

ability of the technologies to cost effectively reduce carbon dioxide emisswns or carbon dioxide levels in the 

and 

"(II) a description of any nonairrelatecl em1xonmental or energy considerations reg·a.rcling the technologies. 

"(F) GAO REPORT.-The Comptroller 

General of the United States shall submit to 

Congress a report thatidentifies all Federal programs in which a purpose of a grant under 

the program is to research on carbon capture and utilization 

direct air capture 

and 

"(ii) examines the extent to which the 

Federal grant progTams identified pursuant to clause (i) overlap or are duplicative.". 
30 


36349.019

19 

TITLE II-IMPROVEMENT OF 

2 PERMITTING PROCESS FOR 

3 CARBON DIOXIDE CAPTURE 

4 AND INFRASTRUCTURE PROJ5 ECTS 

6 SEC. 201. L"'CLUSION OF CARBON CAPTURE INFRASTRUC7 TURE PROJECTS. 

8 Section 41001(6) of the FAST Act (42 U.S.C. 

9 4870m(6)) is amended10 

11 

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•S 383 IS 

(1) in (A)-

(A) in the matter preceding clause (i), by 

inserting "carbon capture," after "manufac-

(B) in c:lause (i)(UI), b~· striking "or" at 

the 

(C) by clrmse (ii) as clause 

(iii); and 

(D) b~' inserting after clause (i) the fol-

''(ii) is cowred by a programmatic 

or emironmental re1ie'v for 

the primary purpose of facilitating 

(2) by at the end the 
31 


36349.020

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"(C) l:\'CLCSIO:X.-For purposes of subparagraph (A), construction of infrastructure 

for carbon capture includes construction of-

"(i) any facility, technology, or system 

that captures, utilizes, or sequesters carbon dioxide emissions, including projects 

for direct air capture (as defined in paragraph (6)(B)(i) of section 103(g) of the 

Clean Air Act (42 U.S.C. 7403(g)); and 

10 "(ii) carbon dioxide pipelines.". 

11 SEC. 202. DEVELOPMENT OF CARBON CAPTURE, UTILIZA12 TION, AND SEQUESTRATION REPORT, PER· 

13 MITTING GUID~"lCE, AND REGIONAL PERMIT14 TING TASK FORCE. 

15 (a) DEFIXITIO'\'S.-In this section: 

16 (1) CAHBO:\' C.A..PTURE, UTILIZATIO:\', lL"\D SE· 

17 QCESTRATIO!\ PROJECTS.-The term "carbon cap18 ture, utilization, and sequestration projects" includes 

19 projects for direct air capture (as defined in para20 graph (6)(B)(i) of section 103(g) of the Clean .-\.ir 

21 Act (42 U.S.C. 7403(gl)). 

22 EFFICIE:\'T, ORDERLY, A:\'D RESP0:\'-

23 SIBLE.-The term "efficient, orderly, and respon24 sible" means, ·with respect to development or the 

25 permitting process for carbon capture, utilization, 

•S 383 IS 
32 


36349.021

21 

1 and sequestration projects and carbon dioxide pipe2 lines, a process that is completed in an e~q)editious 

3 manner ·while maintaining environmental, health, 

4 and safety protections. 

5 (b) REPORT.-

6 (1) I~ GEl'<"ERA.L.-Not later than 180 days 

7 after the date of enactment of this Act, the Chair of 

8 the Council on Environmental Quality (referred to in 

9 this section as the "Chair"), in consultation with the 

10 Administrator of the Environmental Protection 

11 Agency, the Secretary of Energy, the Secretary of 

12 the Interior, the Executive Director of the Federal 

13 Permitting Improvement Council, and the head of 

14 any other relevant Federal ag·ency (as determined by 

15 the President), shall prepare a report that16 (A) eompiles all existing releYant Federal 

17 permitting and re,iew information and re18 sources for project applicants, ag·encies, and 

19 other stakeholders interested in the deployment 

20 of carbon capture, utilization, and sequestration 

21 projects and carbon dioxide pipelines, inclnd22 mg23 (i) the appropriate points of inter24 action ''vith Federal agencies; 

•S 383 IS 
33 


36349.022

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(ii) clarification of the responsibilities and authorities among Federal and 

(iii) best practiees and 

permitting; 

(B) inventories current or 

of carbon capture, 

at increased 

for 

(D) identifies gaps 111 the current Federal 

regulator~' framework for the deployment of 

earbon eapture, utilization, and 

projects and carbon dioxide 

(E) identifies .F'ederal 

nisms available to 

and 

mecha-

(2) 

shallPCBLJCATIO:\.-The Chair 

(A) submit the report under (1) 

to the Committee on Emironment and Public 

•S 383 IS 
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36349.023

23 

2 

3 

1\Torks of the Senate and the Committee on Energ;~- and Commerce of the House of Eepresentand 

4 

5 

6 

(B) as soon a.s 

publicly available. 

(c) Gt'IDA:\CE.-

make the report 

7 (1) I:-; GE''r£;CRAL.-Mter submission of the reS port under subsection (b)(2), but not later than 1 

9 year after the date of enactment of this Act, the 

10 Chair shall submit guidance consistent with that re11 port to all relevant Federal that12 (A) facilitates reYiews associated with the 

13 deployment of carbon capture, utilization, and 

14 sequestration projects and carbon dioxide 

15 and 

16 (B) supports the orderly, aml re17 development of carbon capture, utili18 and sequestration projc>cts and carbon 

19 dioxide pipelines. 

20 (2) REQriRE~IE:\TS.-

21 (A) I:-; GE:\ERAL.-The guidance under 

22 paragTaph (1) shall address 

23 uncler24 (i) the :\ational Emironmental Polic:' 

25 Act of 1969 (42 FS.C. 1321 et seq.); 

•S 383 IS 
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36349.024

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•S 383 IS 

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(ii) the Federal \Vater Pollution Control Act (33 l'.S.C. 1251 et 

(iii) the Clean Air Act 

7401 etseq.); 

U.S.C. 

(iv) the Safe Drinking \Vater Act (42 

U.S.C. 300f et seq.); 

(v) the Endangered Species Act of 

1973 (Hi U.S.C. 1531 et 

(li) di,ision A of subtitle III of title 

54, United States Code (formerly known 

as the "N a tiona! Historie PreserTiltion 

(vii) the .MigTatory Bird Treaty Act 

(16 U.S.C. 703 et 

('liii) the Act of ,June 8, 1940 (lG 

U.S.C. 668 et (common!:· known as 

the "Bald and Golclen Protection 

and 

(i..x) any other Federal law that the 

Chair determines to be appropriate. 

(B) E:\YIH0:\~1EC\TAI, REYIE\YS.-The 

under (1) shall inelude elirection to States and other interested 

for the deYelopment of enYironmental re'lie·ws under the National Environ-
36 


36349.025

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mental Polic7 Act of 1 Dfi9 U.S.C. 4321 et 

for carbon capture, utilization, and seancl carbon dioxide 

lines. 

(C) PUBLIC 1!\'YOLYEMgNT.-The guidance 

under paragraph ( 1) shall be subject to the 

public notice, comment, and solicitation of information procedures under section 1506.() of 

title 40, Code of Federal Reg11lations (or a successor 

11 (3) St:BMJSSION; FCBLICATJON.-The Chair 

12 shall13 

14 

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•S 383 IS 

(A) submit the guidance under paragn1ph 

(1) to the Committee on Environment and Public \Yorks of the Senate and the Committee on 

Energy and Commerce of the House of Hepand 

(B) as soon as practicable. make the 

ance public!~- twailR.ble. 

(4) EV"\IXXriO:\.-The Chair shall-

(A) periodieally evaluate the reports of the 

task forces under subsection (d)(5) and, as neeessar~-, rev1se the 

(1); and 

under paragTaph 
37 


36349.026

26 

(B) each year, submit to the Committee on 

2 Environment and Public ·works of the Senate, 

3 the Committee on Energy and Commerce of the 

4 House of Representatives, and relevant Federal 

5 agencies a report that describes any rec6 ommendations for legislation, rules, revisions to 

7 rules, or other policies that would address the 

8 issues identified by the task forces under sub9 section (d)(5). 

10 (d) TASK FORCE.-

11 (1) ESTABLISHME:\T.-Not later than 18 

12 months after the date of enactment of this Act, the 

13 Chair shall establish not less than 2 task forces, 

14 which shall eaeh cover a different geographical area 

I 5 with differing demographic, land use, or geological 

16 lSSUeS17 (A) to identify permitting and other chal18 lenges and successes that permitting authorities 

19 and project developers and operators face; and 

20 (B) to improYe the performance of the per21 mitting proeess and reg·ional coordination for 

22 the purpose of promoting the orderly, 

23 and responsible development of carbon capture, 

24 utilization, and sequestration projects and car25 bon dioxide pipelines. 

•S 383 IS 
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36349.027

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•S 383 IS 

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(2) MEMBERS A:\D SELECTIO:\.-

(A) I:\ GE:\ERAL.-The Chair shall-

(i) deYdop criteria for the selection of 

members to each task force; and 

(ii) select members for each task force 

in accordanee v\·ith clause (i) and 

graph (B). 

(B) MEMBERS.-Each task force-

(i) shall include not less than 1 representative of eaeh of-

(Il the EnYironmental Protection 

Agency; 

(II) the Department of Energy; 

(III) the Department of the Interior; 

(IV) any other Federal ag·ency 

the Chair determines to be approcq any State that requests parin the area 

covered by the task 

(YI) deYelopers or operators of 

carbon c.apture, utilization, and seprojects or carbon dioxide 

and 
39 


36349.028

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•S 383 IS 

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(VII) nongovernmental membership the primary mission of which concerns proteetion of 

the emironment; and 

(ii) at the request of a Tribal or local 

government, may include a representative 

of-

(I) not less than 1 local goyernment in the geographical area covered 

by the task and 

(II) not less than 1 Tribal government in the geographical area covered bJ' the task force. 

(3) ]\IEETI:\'GS.-

(Al I:c: GE:\'ERAL.-Each task forc~e shall 

meet not less than twice each ~'ear. 

(B) J OI:\'T MEETI:\'G.-To the max:mmm 

extent the task forces shall meet 

collectively not less than once each rear. 

(4) Dt:TIES.-Eac:h task forc:e shallCAl im·entory or potential Federal 

and State approaches to facilitate re,iews associated with the of carbon capture, 

and sequestration projects and car-
40 


36349.029

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•S 383 IS 

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bon dioxide pipelines, 

thatbest 

(i) avoid duplieative reviews; 

(ii) engage stakeholders early m the 

proeess; and 

(iii) make the process efficicnt, , and 

(B) common models for State-level 

carbon dioxide regulation and 

guidelines that can be shared with States in the 

area eon:recl the task force; 

(C) technical assistance to States 

m the g·eographical area covered by the task 

force in regulatory requirements 

and any models deYeloped under 

(B); 

(D) eurrent or acti"lities that transform eaptured carbon dioxide into 

a of commercial or as an 

to products of commercial 

(E) any priority carbon dioxide 

pipelines needed to enable and 

lization, and 

of carbon eapture, utiprojects at increased 
41 


36349.030

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(F) gaps in the current Federal 

and State regulatory f'ntmework and in existing 

data for the of carbon capture, utilization, and sequestration projects and carbon 

dioxide pipelines; 

(G) identify Federal and State financing 

mechanisms available to project developers; and 

(H) ckvelop recommendations for releYant 

Federal on how to deYelop and resear~h technolog·ies that-

(i) can capture carbon dioxide; and 

(ii) would be able to be deployed within the coYered by the task !11-

duding any that haw received 

technical or financial assistance for research under pRragTaph (6) of section 

103(g) of the Clean Air A.ct (42 'C.S.C. 

7403(g)). 

(5) REPOHT.-Ea~h year. eaeh task force shall 

prepare and submit to the Chair aml to the other 

task forces a report that im~ludes-

•S 383 IS 

(A) any recommendations for 

ments in efficient, and 

issuance or administration of Fedt'ral 

and other Pederal authorizations 
42 


36349.031

31 

under a law described m subsec:tion (c)(2)(A); 

2 and 

3 (B) an~' other nationall7 relevant informa4 tion that the task foree has collected in carrying 

5 out the duties under (4). 

6 (6) EYALUATIO:".-I\'ot later than 5 years after 

7 the date of enactment of this Act, the Chair shall8 (A) reevaluate the need for the task 

9 and 

10 (B) submit to Congress a recommendation 

11 as to whether the task forces should continue. 

0 

•S 383 IS 
43 


36349.032

llGTH CO~GRESS 

1ST SESSION S.747 

IJ 

To reauthorize the diesel emissions reduction program, and for other purposes. 

IN THE SENATE OF' rrHE UNirrED STATES 

l\II.A.RCH 12, 2019 

:.VIr. CARPER (for himself, Mr. l?\'HOFE, Mr. BAim.ASSO, Mr. 'iVHITEHOUSE, 

Mr. SuLLIVAN, lVIr. BoOKER, Mrs. CAPITO, Mrs. GrLI.,IBRA.l'iD, Mr. 

CRAMER, and Mr. VA?\' HOLLEN) introduced the following bill; which was 

read twice aml referred to the Committee on Environment and Public 

\Vorks 

A BILL 

To reauthorize the diesel emissions reduction program, and 

for other purposes. 

1 Be 'it enacted by the Senate and House of Representa2 t1:ves of the United States ofA.men:ca ·in CongTess assembled, 

3 SECTION 1. SHORT TITLE. 

4 rrhis Act may be cited as the "Diesel Emissions Re5 duction Act of 2019". 
44 


36349.033

2 

SEC. 2. REAUTHORIZATION OF DIESEL EMISSIONS REDUC2 TION PROGRAM. 

3 Section of the Energy Policy Act of 2005 (42 

4 U.S.C. 1Gl87(a)) is amended by striking "2016" and in5 serting "2024". 

6 SEC. 3. RECOGNIZING DIFFERENCES IN DIESEL VEHICLE, 

7 ENGINE, EQUIPMENT, A."<D FLEET USE. 

8 (a) NATIO:\'AL GRA:\'T, RER\TE, A:\'D I-10Al\ PRo9 GRA~Is.-Section 792(cl(4)(D) of the Energy Policy Act 

10 of2005 (42 U.S.C. 161~12(c)(-1)(D)) is amended insert11 ing ", recognizing differences in typical engine, 

12 equipment, and fleet use the United States" 

13 before the semieolon. 

14 (b) STATE GRA .. '\T, RElHTE, A:\'D LOAN PRD15 GRlll\fS.-Section 79:3(b)(l) of the Energy Policy Act of 

16 2005 (42 U.S.C. 1Gl8:3(b)(1)) is amencled17 (1) in (B), striking "· and" 

18 and inserting a semicolon; and 

19 

20 

21 

22 

23 

24 

•S 747 IS 

(2) adding at the end the following: 

"(D) the for purposes of imof differences in 

and f1eet use 

the Cnited expeetecl useful and"-
45 


36349.034

3 

SEC. 4. REALLOCATION OF UNUSED STATE FUNDS. 

2 Section 793(c)(2)(C) of the Energy Policy Act of 

3 2005 (42 U.S.C. 16133(c)(2)(C)) is amended beginning 

4 in the matter preceding clause (i) by striking "to each re5 maining" and all that follows through "this paragTaph" 

6 in clause (ii) and inserting "to carry out section 792". 

0 

•S 747 IS 
46 


36349.035

EIJ\\'1!1120 

11 6TH CO:\GltERf; 

1Wl' SE88IO:'\ S. I o c, I To amend the .Jolm P. Kl'lllH'dy C'Plltt'l' ~\d to Hnthol'ize appropriations 

for till' ,John F'. K\'lllll'd,Y f'entt'l' fm· tlw PPrforming ~\.1"1.s, and for 

othl'l' pUl"JlO.S{'S, 

Dr THE SK'\ATE OF' THE F:\ITIW S'UTES 

(r.,, y..,',..,<l.f.._, f"\r._t.-_~u_ 1 r\-'I<I.C.f<n, 'f'v, c,.,.J.:~. ,._j f'\,,\,J._,rLAJ 

~11·. BMUI.AK~dilltrorhH•t•d tile t(Jilo\\"lliV.: hiil; wlll("l! \YH.S l'l'<Hl tll"i1'1' 1111d 

1-elCrn•d to tlw {'mnmitlt'l' on ~~,... .. ,.,~~-·~ }"!!,/.'.._ t-J-t.t.~. 

A BILL To amend the ,John F. Kcnncd,1· Center Aet to authorize• 

appropriations for the .Johu F. Kennedy Cpntpr for the 

PC'rformlng ...:\.J'ts, <:lnc1 for other purposes. 

Be it enacted by lhe Senate it//(/ House qf Represeulo2 th,es <~l the (!niter! Stales (?( .. ·inu:Ticu ill Conyress (/SstmlJ!cd, 

SECTION I. SHORT TITLE. 

5 tcr Hcauthorizatiou ,\et of 201 fl". 

6 SEC. 2, AUTHORIZATION OF APPROPRIATIONS. 

7 Section 18 of tlH' ,John F. Kennell~- Cl'ntn Aet. (20 

U.S.C. 7Gr) i~ amc1ult~d by striking snbsc•dious {a) and 

9 (b) and inRerting the following: 
47 


36349.036

EDWH11~0 

2 

"(a) l'vlAIX1'EXAXCE, REPAIR, AND SrwcmTY.--

2 'rhcrc arc attthorizcll to be appropriated to the Board to 

3 carry out section 4{a)(l)(H)-

4 "(1) $26,000,000 for fiscal year 2020; 

"(2) $27,000,000 for fiscal year 2021; 

6 "(3) $28,000,000 for fiscal year 2022; 

7 "( 4) $29,000,000 for fiscal year 2023; and 

8 "(5) $30,000,000 for fiscal J'Ntr 2024. 

9 ''(b) CAPITAL PwJ.rECTH.-Then' at·c authorized to 

10 be appropriated to the Board to can)' ont subparagraphs 

11 (F) and (G) of section4(a)(l)-

12 "(1) $17,000,000 for ±]seal year 2020; 

13 

14 

15 

16 

"(2) $18,000,000 for fiscal year 2021; 

"(3) $19,000,000 for nscal year 2022; 

"(4) $20,000,000 fo1· fiscal )'ear 2023; and 

"(5) $21,000,000 for fiscal year 2024.". 

17 SEC. 3. COM111EMORATION OF THE JOHN F. KENNEDY CEN· 

18 TER FOR THE PERFORMING ARTS. 

19 (a) SEXSE OF CO~'UHE88.-lt is the sense of Con20 grcss that the Johnl?. I\cmwrl)' Genter for the Performing 

21 Arts (rcfClTed to in this Act as the "Centcr")-

22 ( 1) recognize the )'car 2021 as the 50th anni23 versary of the openi1lg of the Center; 

24 (2) aclm01rlcdge nnd commemorate the mission 

25 of tho Center as a national center for the performing 
48 


36349.037

ED\V1Hl.20 S.L.l'. 

3 

arts and a .national memorial to President .John F' 

2 Kennccly; ancl 

3 (3) recognize that the year 2018 is the 60th mi4 nivcrsac·y of the signing of the :National Cultural 

5 Center Act (now known as the "John F. Kmme<l:r 

6 Center Act") (20 U.S.C. 76h ct seq.), signed into 

7 law by President Dwight D. Eisehhowcr on Scp8. tember 2, 1958.. 

9 (b) AU'r!lOR!ZATIOl\' FOR PLAQUE.-

10 (1) IN uEc;ERAL.~Thc. Centc.r shall place with11 in the Center a plat]UO containilig an inscription to 

12 commemorate tlw GOth anniversary of the signing of 

13 the Nat.ional Cultural Center Act (20 U.S.C. 76h ct 

14 seq.) by Presidcm.t Dwight D. Eisenhower. 

15 (2) SPECIFlCATlOl\'8.---'The plaque shall bc--

16 (A)(i) not less than 6 square feet in size; 

17 and 

18 (ii) not more tlmn 18 square feet in size; 

19 (B) of any shape that the Tmstccs of the, 

20 Center detcrn,il'>e to be appropriate; and 

21 (C), placed at a location within the Center 

22 appro:l<)i1iatc to the Eisenhower Theater that 

23 the 'l'ruskcs of the Center determine to be ap24 propriatc. 

25 (3) FFKDI!\'G.-
49 


36349.038

EDWI9120 

2 

3 

4 

5 

6 

7 

8 

9 

10 

] 1 

12 

13 

14 

15 

16 

17 

18 

S.J,.U. 

4 

{A) I~ GE~ERAL~No l<'eueral funds may 

be used to design, procure, or install the plaque. 

(B) EXCEPTIOX.-8nb]Jaragn1plr (A) shall 

not affect tho paynwnt. of salaries, e:qJemes, 

anrl benefits otherwise authorized by law for 

members antl employees of the Center who j)al'-

ticipate in ca:rrying 01,1t this subsection. 

(4) PRIVATE F"CN"DRAISISG AlTTHORIZED.-

(1~) I?\ GI~;\;"ERAL.~The Cci1ter may solicit 

and accept private contributions for tho design, 

procurement, and installation of tho plaque. 

(B) ACCOl!NTI?\G.-Thc Center may-

(i) establish an account into whieh 

an)- coutribntiolls received pursuant to subparagraph (1~) shall be. deposited; ancl 

(ii) maintain documentation of any 

contributions received pursua11t to subparagraph (A). 
50 


36349.039

COMMITTEE RESOLUTION 

LEASE 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

FOOD AND DRUG ADMINISTRATION 

JA:v!AICA, NY 

Pi\'Y-Ol-QU19 

RESOLVED BY THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS OF 

THE UNITED STATES SENATE 

that pursuant to title 40 U.S.C. § 3307, a prospectus providing for a lease of approximately 224,000 

rentable square feet of space, including approximately l 00 official parking spaces, for the Department of 

Health and Human Services-Food and Drug Adminsitration currently located at 158-15 Liberty Avenue in 

Jamaica, New York at a proposed total annual cost of $6,944,000 for a lease term of up to l 0 years, a 

prospectus for which is attached hereto and by reference made part of this resolution, is approved. 

Approval of this prospectus constitutes authority to execute an interim lease for all tenants, if necessary, 

prior to execution of the new lease. 

Provided, that to the maximum extent practicable, the Administrator of General Services shall require that 

the procurement include energy efficiency requirements as would be required for the construction of a 

federal building. 

Provided further, that the Administrator shall require that the delineated area of the procurement is 

identical to the delineated area included in the prospectus, except that, if the Administrator determines 

that the delineated area of the procurement should not be identical to the delineated area included in the 

prospectus, the Administrator shall provide an explanatory statement to the Committee on Environment 

and Public Works of the United States Senate prior to exercising any lease authority provided in this 

resolution. 

Provided further, that the Administrator shall provide to the Chairman or Ranking Member of the 

Committee on Environment and Public W arks of the Senate, in a timely manner, requested documents 

and information regarding this prospectus and resulting contractual materials, without redaction other 

than redactions to exclude business confidential, proprietary, and/or procurement sensitive information. 

Provided further, the Administrator of General Services may not enter into this lease if it does not contain 

a provision barring any individual holding a Federally-elected office, regardless of whether such 

individual took office before or after execution of this lease, to directly participate in, or benefit from or 

under this lease or any part thereof and that such provision provide that if this lease is found to have been 

made in violation of the foregoing prohibition or it is found that this prohibition has been violated during 

the term of the lease, the lease shall be void, except that the foregoing limitation shall not apply if the 

lease is entered into with a publicly-held corporation or publicly-held entity for the general benefit of such 

corporation or entity. 
51 


36349.040

Provided further, prior to entering into this lease or approving a novation agreement involving a change 

of ownership under this lease, the Administrator of General Services shal I require the offeror or the 

parties requesting the novation, as applicable, to identify and disclose whether the owner of the leased 

space, including an entity involved in the financing thereof, is a foreign person or a foreign-owned entity; 

provided further, in such an instance, the Administrator of General Services shall notify the occupant 

agency(ies) in writing, and consult with such occupant agency(ies) regarding security concerns and 

necessary mitigation measures (if any) prior to award of the lease or approval of the novation agreement. 

Provided further, that the Administrator shall not delegate to any other agency the authority granted by 

this resolution. 

Chairman Ranking Member 

Adopted: April l 0, 2019 
52 


36349.041

COMMITTEE RESOLUTION 

ALTERATION 

MAJOR GENERAL EMMETT J. BEAN FEDERAL CENTER 

INDIANAPOLIS, IN 

PlN-1703-!NlS 

RESOLVED BY THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS OF 

THE UNITED STATES SENATE 

that pursuant to title 40 U.S.C. § 3307, a prospectus providing for repairs and alterations to renovate space 

and consolidate Federal agencies currently housed in leased space at the Major General Emmett J. Bean 

Federal Center located at 8899 East 56'' Street in Indianapolis, Indiana at a design cost of $3.425,000, and 

estimated construction cost of$39,707,000 and a management and inspection cost of$2,808,000 for a 

total estimated project cost of$45,950,000, a description of which is attached hereto and by reference 

made part of this resolution, is approved. 

Provided, that the Administrator shall provide to the Chairman or Ranking Member of the Committee on 

Environment and Public Works of the Senate, in a timely manner, requested documents and information 

regarding this prospectus and resulting contractual materials, without redaction other than redactions to 

exclude business confidential, proprietary, and/or procurement sensitive information. 

Providedfurther, that the General Services Administration shall not delegate to any other agency the 

authority granted by this resolution. 

Chairman Ranking Member 

Adopted: AprillO, 2019 
53 


36349.042

COMMITTEE RESOLUTION 

ALH:RATION 

.JAMES C. CORMAN FEDERAL BUILDING 

VAN NUYS, CA 

PCA-0007-LA18 

RESOLVED BY THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS OF 

THE UNITED STATES SENATE 

that pursuant to title 40 U.S. C. § 3307, a prospectus providing for repairs and alterations to replace root; 

upgrade building systems, and improve egress and life-safety at the James C. Connan Federal Building 

located at 6230 Van Nuys Boulevard in Van Nuys, California at a design cost of$1,830,000, an estimated 

construction cost of S I 0, 704,000 and a management and inspection cost of $803,000 for a total estimated 

project cost of$12,690,000, a description of which is attached hereto and by reference made part of this 

resolution, is approved. 

Provided, that the Administrator shall provide to the Chairman or Ranking Member of the Committee on 

Environment and Public Works of the Senate, in a timely manner, requested documents and information 

regarding this prospectus and resulting contractual materials, without redaction other than redactions to 

exclude business confidential, proprietary, andior procurement sensitive information. 

Provided further, that the General Services Administration shall not delegate to any other agency the 

authority granted by this resolution. 

Chairman Ranking Member 

Adopted: April 10. 20!9 
54 


36349.043

AMENDED COMMITTEE RESOLUTION 

ALTERATION 

FEDERAL OFFICE BUILDING 

SEATTLE, WA 

PW A-0036-SEJS 

RESOLVED BY THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS OF 

THE UNITED STATES SENATE 

that pursuant to title 40 U.S.C. § 3307, a prospectus providing for the restoration of the deteriorated 

exterior fa<;:ade to stop material degradation and water intrusion into the building and replace the roof on 

the wing and dome shoulder at the Federal Office Building located at 909 l" Avenue in Seattle, 

Washington at an additional design cost of$351 ,000, an additional estimated project cost of $3,377,000. 

and a reduction of the management and inspection cost of$344,000 for an additional project cost of 

$3,384,000 and a total estimated project cost of$24,234,000, a description of which is attached hereto 

and by reference made part of this resolution, is approved. This resolution amends the authorization of the 

Committee on January 20, 2016 of Prospectus No. PW A-0036-SE16. 

Provided, that the Administrator shall provide to the Chairman or Ranking Member of the Committee on 

Environment and Public Works of the Senate, in a timely manner, requested documents and information 

regarding this prospectus and resulting contractual materials, without redaction other than redactions to 

exclude business confidential, proprietary, and/or procurement sensitive information. 

Provided further, that the General Services Administration shall not delegate to any other agency the 

authority granted by this resolution. 

Chairman Ranking Member 

Adopted: April 10,2019 
55 


36349.044

AME!'iDED COMMITTEE RESOLUTION 

ALTER/\ TION 

PACIFIC HIGHWAY U.S. LAND PORT OF ENTRY 

BLAINE, WA 

PWA-OOBN-BL18 

RESOLVED BY THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS OF 

THE UNITED STATES SENATE 

that pursuant to title 40 U.S.C. § 3307, a prospectus providing for repairs and alterations to resolve 

exterior deficiencies and promote energy savings at the Pacific Highway U.S. Land Port of Entry located 

in Blaine, Washington at an additional cost of $657,000, an additional estimated construction cost of 

$5,016,000 and an additional management and inspection cost of$357,000 for an additional project cost 

of$6,030,000 and a total estimated project cost of$17,960,000, a description of which is attached hereto 

and by reference made part of this resolution, is approved. This resolution amends the authorization of the 

Committee on January 20, 2016 for Prospectus No. PWA-OOBN-BL16. 

Provided, that the Administrator shall provide to the Chairman or Ranking Member of the Committee on 

Environment and Public Works of the Senate, in a timely manner, requested documents and information 

regarding this prospectus and resulting contractual materials, without redaction other than redactions to 

exclude business confidential, proprietary, and/or procurement sensitive information. 

Providedfurther, that the General Services Administration shall not delegate to any other agency the 

authority granted by this resolution. 

Chairman Ranking Member 

Adopted: AprillO, 2019 
56 


36349.045

COMMITTEE RESOLUTION 

ALTERATION 

ANTHONY J. CELEBREZZE FEDERAL BUIDLlNG 

CLEVELAND, OH 

POH-0192-CLIS 

RESOLVED BY THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS OF 

THE UNITED STATES SENATE 

that pursuant to title 40 U.S.C. § 3307, a prospectus providing for repairs and alterations for repairs and 

alterations to renovate and provide consolidated space for the Veterans Benefits Administration, the 

Department of Labor Office of Workers' Compensation Programs and the Department of Education at the 

Anthony J. Celebrezze Federal Building located at 1240 East 9'h Street in Cleveland, Ohio at a design cost 

ofS6,008,000, an estimated construction cost of$63.362,000 and a management and inspection cost of 

$4,854,000 for a total estimated project cost of $74,224,000, a description of which is attached hereto and 

by reference made part of this resolution, is approved. 

Provided, that the Administrator shall provide to the Chairman or Ranking Member of the Committee on 

Environment and Public Works of the Senate, in a timely manner, requested documents and information 

regarding this prospectus and resulting contractual materials, without redaction other than redactions to 

exclude business confidential. proprietary, and/or procurement sensitive information. 

Provided further, that the General Services Administration shall not delegate to any other agency the 

authority granted by this resolution. 

Chairman Ranking Member 

Adopted: AprillO, 2019 
57 


36349.046

COMMITTEE RESOLUTION 

ALTERATION 

IRS SERVICE CENTER 

OGDE'<, UT 

PUT-0036-0GJS 

RESOLVED BY THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS OF 

THE UNITED STATES SENATE 

that pursuant to title 40 U.S.C. § 3307, a prospectus providing for repairs and alterations for interior 

repairs, upgrade of aging building systems and infrastructure. site work, hazardous materials abatement, 

and life safety upgrades at the U.S. Department of the Treasury Internal Revenue Service Center located 

at 1160 West 1200 South in Ogden, UT at a design cost of$4,080,000, an estimated construction cost of 

$45,074,000 and a management and inspection and cost of$2,087,000 for a total estimated project cost of 

$5L24l ,000, a prospectus for which is attached hereto and by reference made part of this resolution. 

Provided, that the Administrator shall provide to the Chairman or Ranking Member of the Committee on 

Environment and Public Works of the Senate, in a timely manner, requested documents and information 

regarding this prospectus and resulting contractual materials, without redaction other than redactions to 

exclude husiness confidential, proprietary, and/or procurement sensitive information. 

Provided further, that the General Services Administration shall not delegate to any other agency the 

authority granted by this resolution. 

Chairman Ranking Member 

Adopted: April I 0, 2019 
58 


36349.047

COMMITTEE RESOLUTION 

BUILDING ACQUISITION 

DEPARTMENT OF TRANSPORTATION HEADQUARTERS 

1200 NEW JERSEY AVENUE, SOUTHEAST 

WASHINGTON, DC 

PDC-0689-WA19 

RESOLVED BY THE COMMITTEE 0:\1 ENVIRONMENT AND PUBLIC WORKS OF 

THE UNITED STATES SENATE 

that pursuant to title 40 U.S.C. § 3307, a prospectus providing for the acquisition, through a purchase 

option under an existing lease, of the building located at 1200 New Jersey Avenue SE in Washington, DC 

composed of 1,900,000 gross square feet and 936 indoor parking spaces currently occupied by the 

Depmiment of Transportation at a building and site acquisition cost of$760,000,000, closing costs of 

$7,900,000, and a total estimated project cost of$767,900,000. a description of which is attached hereto 

and by reference made part of this resolution, is approved. 

Provided, that the Administrator shall provide to the Chairman or Ranking Member of the Committee on 

Environment and Public Works of the Senate, in a timely manner, requested documents and information 

regarding this prospectus and resulting contractual materials, without redaction other than redactions to 

exclude business confidential, proprietary, and/or procurement sensitive information. 

Providedfitrther, that the Administrator shall not delegate to any other agency the authority granted by 

this resolution. 

Chairman Ranking Member 

Adopted: April I 0, 2019 
59 

Æ 


36349.051

Senator John Barrasso 

Chairman 

Committee on Environment and 

Public Works 

U.S. Senate 

Washington, D.C. 20510 

Dear Senators: 

April24. 2019 

Senator Tom Carper 

Ranking Member 

Committee on Environment and 

Public Works 

U.S. Senate 

Washington, D.C. 20510 

The more than 8,000 members of the American Road and Transportation Builders Association 

(ARTBA) would like to thank you for your leadership in advancing the bipartisan Diesel 

Emissions Reduction Act (DERA) of2019, S. 747. This important legislation would provide 

states and local governments with financial support and incentives to help improve air quality by 

making possible the "retrofitting" or replacing of older diesel engines. 

While the quality of the nation's air continues to improve, new federal Clean Air Act standards 

for ozone and particulate matter threaten to thrust hundreds of communities out of compliance. 

As a result, these areas risk having their federal highway funds withheld. Denying states funds 

for needed highway improvement projects would only exacerbate the traffic congestion that 

leads to increased motor vehicle emissions. 

DERA provides a constructive solution to this challenge by establishing a source of funding for 

voluntary programs to upgrade diesel engines, including those used in the transportation 

construction industry, to reduce their emissions. ARTBA has long believed the federal 

government should be a partner with our industry in the effort to reduce off road diesel 

emissions. To this end, not only has ARTBA supported past reauthorizations ofDERA and but 

we have also advocated to allow states to use federal Congestion Mitigation and Air Quality 

Program funds for diesel retrofit initiatives. 

DERA is critical legislation that will help transportation construction firms meet federal 

requirements by facilitating the use of cleaner burning diesel engines. We look forward to 

supporting its passage on the Senate floor. 

Sincerely, 

David Bauer 

President & CEO