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                                                        Calendar No. 256
                                                       
                                                       
116th Congress    }                                          {     Report
                                 SENATE
 1st Session      }                                          {    116-136

======================================================================



 
ENHANCING STATE ENERGY SECURITY PLANNING AND EMERGENCY PREPAREDNESS ACT 
                                OF 2019

                                _______
                                

                October 22, 2019.--Ordered to be printed

                                _______
                                

  Ms. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2094]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2094) to amend the Energy Policy and 
Conservation Act to provide Federal financial assistance to 
States to implement State energy security plans, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment (in the nature of a substitute) and 
recommends that the bill, as amended, do pass.

                               Amendment

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhancing State Energy Security 
Planning and Emergency Preparedness Act of 2019''.

SEC. 2. STATE ENERGY SECURITY PLANS.

    (a) In General.--Part D of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6321 et seq.) is amended by adding at the 
end the following:

``SEC. 367. STATE ENERGY SECURITY PLANS.

    ``(a) In General.--Federal financial assistance made available to a 
State under this part may be used for the implementation, review, and 
revision of a State energy security plan that assesses the State's 
existing circumstances and proposes methods to strengthen the ability 
of the State, in consultation with owners and operators of energy 
infrastructure in such State, to--
          ``(1) secure the energy infrastructure of the State against 
        all physical and cybersecurity threats;
          ``(2) mitigate the risk of energy supply disruptions to the 
        State and enhance the response to, and recovery from, energy 
        disruptions; and
          ``(3) ensure the State has a reliable, secure, and resilient 
        energy infrastructure.
    ``(b) Contents of Plan.--A State energy security plan described in 
subsection (a) shall--
          ``(1) address all energy sources and regulated and 
        unregulated energy providers;
          ``(2) provide a State energy profile, including an assessment 
        of energy production, distribution, and end-use;
          ``(3) address potential hazards to each energy sector or 
        system, including physical threats and cybersecurity threats 
        and vulnerabilities;
          ``(4) provide a risk assessment of energy infrastructure and 
        cross-sector interdependencies;
          ``(5) provide a risk mitigation approach to enhance 
        reliability and end-use resilience; and
          ``(6) address multi-State, Indian Tribe, and regional 
        coordination planning and response, and to the extent 
        practicable, encourage mutual assistance in cyber and physical 
        response plans.
    ``(c) Coordination.--In developing a State energy security plan 
under this section, the energy office of the State shall, to the extent 
practicable, coordinate with--
          ``(1) the public utility or service commission of the State;
          ``(2) energy providers from the private sector; and
          ``(3) other entities responsible for maintaining fuel or 
        electric reliability.
    ``(d) Financial Assistance.--A State is not eligible to receive 
Federal financial assistance under this part, for any purpose, for a 
fiscal year unless the Governor of such State submits to the Secretary, 
with respect to such fiscal year--
          ``(1) a State energy security plan described in subsection 
        (a) that meets the requirements of subsection (b); or
          ``(2) after an annual review of the State energy security 
        plan by the Governor--
                  ``(A) any necessary revisions to such plan; or
                  ``(B) a certification that no revisions to such plan 
                are necessary.
    ``(e) Technical Assistance.--Upon request of the Governor of a 
State, the Secretary may provide information and technical assistance, 
and other assistance, in the development, implementation, or revision 
of a State energy security plan.
    ``(f) Requirement.--Each State receiving Federal financial 
assistance under this part shall provide reasonable assurance to the 
Secretary that the State has established policies and procedures 
designed to assure that the financial assistance will be used--
          ``(1) to supplement, and not to supplant, State and local 
        funds; and
          ``(2) to the maximum extent practicable, to increase the 
        amount of State and local funds that otherwise would be 
        available, in the absence of the financial assistance, for the 
        implementation of the State energy security plan under this 
        section.
    ``(g) Protection of Information.--Information provided to, or 
collected by, the Federal Government under this section--
          ``(1) shall be exempt from disclosure under section 552(b)(3) 
        of title 5, United States Code; and
          ``(2) shall not be made available by any Federal agency, 
        State, political subdivision of a State, or Tribal authority 
        pursuant to any Federal, State, or Tribal law, as applicable, 
        requiring public disclosure of information or records.
    ``(h) Sunset.--This section shall expire on October 31, 2024.''.
    (b) Authorization of Appropriations.--Section 365(f) of the Energy 
Policy and Conservation Act (42 U.S.C. 6325(f)) is amended--
          (1) by striking ``$125,000,000'' and inserting 
        ``$90,000,000''; and
          (2) by striking ``2007 through 2012'' and inserting ``2021 
        through 2025''.
    (c) Technical and Conforming Amendments.--
          (1) Conforming amendments.--Section 363 of the Energy Policy 
        and Conservation Act (42 U.S.C. 6323) is amended--
                  (A) by striking subsection (e); and
                  (B) by redesignating subsection (f) as subsection 
                (e).
          (2) Technical amendment.--Section 366(3)(B)(i) of the Energy 
        Policy and Conservation Act (42 U.S.C. 6326(3)(B)(i)) is 
        amended by striking ``approved under section 367''.
          (3) Reference.--The matter under the heading ``ENERGY 
        CONSERVATION'' under the heading ``DEPARTMENT OF ENERGY'' in 
        title II of the Department of the Interior and Related Agencies 
        Appropriations Act, 1985 (42 U.S.C. 6323a) is amended by 
        striking ``sections 361 through 366'' and inserting ``sections 
        361 through 367''.
          (4) Table of contents.--The table of contents for part D of 
        title III of the Energy Policy and Conservation Act (Public Law 
        94-163; 89 Stat. 872; 92 Stat. 3272; 104 Stat. 1006) is amended 
        by adding at the end the following:

``Sec. 367. State energy security plans.''.

                                Purpose

    The purpose of S. 2094, as ordered reported, is to amend 
the Energy Policy and Conservation Act (EPCA, Public Law 94-
163, as amended) to provide Federal financial assistance to 
States to implement, review, and revise State energy security 
plans.

                          Background and Need

    The Department of Energy's (DOE) State Energy Program 
provides funding and technical assistance to States, 
Territories, and the District of Columbia to enhance energy 
planning and energy security. The program originated as the 
State Energy Conservation Program, which was first authorized 
under EPCA. The State Energy Efficiency Programs Improvement 
Act of 1990 (Public Law 101-440), amended EPCA to require 
energy emergency planning requirements as a supplement to State 
energy conservation plans. Energy emergency planning 
requirements are also referred to as energy assurance programs.
    On May 11, 2017, President Trump issued Executive Order No. 
13800 on ``Strengthening the Cybersecurity of Federal Networks 
and Critical Infrastructure.'' The Executive Order called for 
an evaluation of the nation's ability to manage the 
consequences of a cybersecurity attack on the electric grid. In 
response, DOE issued a report on August 9, 2017, which included 
the analysis required under the Executive Order. In the report, 
DOE identified a number of gaps in the nation's ability to 
recover from cyber incidents. One of the gaps noted by DOE is a 
lack of cybersecurity incident planning in State energy 
assurance plans, including plans for long-term power outage 
scenarios.
    This legislation addresses that gap by amending EPCA to 
authorize the Secretary of Energy to provide financial 
assistance for State Energy Security Plans. A State Energy 
Security Plan will assess a State's existing circumstances and 
propose methods to strengthen the ability of the State to (1) 
secure the energy infrastructure of the State against all 
physical and cybersecurity threats; (2) mitigate the risk of 
energy supply disruptions to the State and enhance response to, 
and recovery from, energy disruptions; and (3) ensure the State 
has a reliable, secure, and resilient energy infrastructure.

                          Legislative History

    S. 2094 was introduced by Senators Gardner and Bennet on 
July 11, 2019. The Subcommittee on Energy held a hearing on the 
measure on September 11, 2019.
    Similar legislation, H.R. 2114, was introduced in the House 
of Representatives by Representatives Rush (D-IL) and Upton (R-
MI) on April 8, 2019, and passed the House of Representatives 
by voice vote on September 9, 2019.
    In the 115th Congress, Sens. Gardner and Bennet introduced 
similar legislation, S. 3676, on November 29, 2018. The 
Subcommittee on Energy held a hearing on S. 3676 on November 
29, 2018 (S. Hrg. 115-534). Similar legislation, H.R. 3050, was 
introduced in the House of Representatives by Representatives 
Upton (R-MI) and Rush (D-IL) on June 23, 2017, and passed the 
House of Representatives by voice vote on July 18, 2017.
    The Senate Committee on Energy and Natural Resources met in 
open business session on September 25, 2019, and ordered S. 
2094 favorably reported, as amended.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on September 25, 2019, by a majority 
voice vote of a quorum present, recommends that the Senate pass 
S. 2094, if amended as described herein. Senator Lee asked to 
be recorded as voting no.

                          Committee Amendments

    During its consideration of S. 2094, the Committee adopted 
an amendment in the nature of a substitute.
    The amendment makes several changes to S. 2094 to conform 
the text with H.R. 2114. Specifically, the amendment extends 
the sunset date from 2022 to 2024 and authorizes funds to be 
appropriated for all elements of a state energy conservation 
plan rather than just the state energy security plan.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 sets forth the short title of the bill.

Sec. 2. State energy security plans

    Section 2(a) amends Part D of title III of EPCA by adding a 
new section 367 titled ``State Energy Security Plans.''
    New section 367(a) allows the Secretary to provide 
financial assistance to a State for a State Energy Security 
Plan (Plan) that assesses the State's existing circumstances 
and proposes methods to strengthen the ability of the State to 
secure infrastructure and minimize supply disruptions,
    New section 367(b) describes the required contents of a 
Plan, which include a State energy profile, potential hazards 
to the energy sector, and a risk assessment to energy 
infrastructure.
    New section 367(c) provides that in developing a Plan, the 
energy office of the State shall coordinate with the public 
utility or service commission of the State, the private sector, 
and other entities responsible for maintaining fuel or electric 
reliability.
    New section 367(d) provides that a State is not eligible to 
receive Federal financial assistance for a Plan unless it meets 
the requirements of this section.
    New section 367(e) allows the Secretary, upon the request 
of the Governor of a State, to provide information and 
technical assistance to support the development, 
implementation, or revision of a Plan.
    New section 367(f) requires each State to provide assurance 
that financial assistance provided under this section is used 
to supplement, and not supplant, existing State funds.
    New section 367(g) exempts information provided to or 
collected by the Federal government under this section from 
Federal, State, and Tribal public information disclosure laws.
    New section 366(h) sunsets the authority for this section 
on October 31, 2024.
    Section 2(b) authorizes to be appropriated $90 million for 
each of fiscal years 2021 through 2025 to carry out State 
energy conservation plans.
    Section 2(c) contains technical and conforming amendments.

                   Cost and Budgetary Considerations

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:




    S. 2094 would authorize the Department of Energy (DOE) to 
provide grants to states to implement, review, and revise state 
energy security plans and would authorize DOE to provide 
information and technical assistance to states during that 
process. Under the bill, state energy security plans would 
include assessments of current energy plans and proposed 
methods to strengthen the physical and cybersecurity of a 
state's energy infrastructure.
    In 2019, DOE allocated $55 million for a similar grant 
program. Based on spending patterns for that program and 
assuming appropriation of the authorized amounts, CBO estimates 
that implementing S. 2094 would cost $212 million over the 
2020-2024 period and $238 million after 2024.
    The costs of the legislation (detailed in Table 1) fall 
within budget function 270 (energy).

                                    TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 2094
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       By fiscal year, millions of dollars--
                                                         -----------------------------------------------------------------------------------------------
                                                                                                                                           2020-   2020-
                                                           2020    2021    2022    2023    2024    2025    2026    2027    2028    2029    2024    2029
--------------------------------------------------------------------------------------------------------------------------------------------------------
Authorization...........................................       0      90      90      90      90      90       0       0       0       0     360     450
Estimated Outlays.......................................       0      18      45      68      81      87      72      45      23       9     212     448
--------------------------------------------------------------------------------------------------------------------------------------------------------

    On October 18, 2019, CBO transmitted a cost estimate for 
H.R. 2114, the Enhancing State Energy Security Planning and 
Emergency Preparedness Act of 2019, as ordered reported by the 
Senate Committee on Energy and Natural Resources on September 
25, 2019. The two pieces of legislation are similar and CBO's 
estimated budgetary effects are the same.
    The CBO staff contact for this estimate is Sofia Guo. The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2094. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 2094, as ordered reported.

                   Congressionally Directed Spending

    S. 2094, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the Department of Energy at the 
September 11, 2019, hearing on S. 2094 follows:

Testimony of Under Secretary of Energy Mark W. Menezes, U.S. Department 
                               of Energy


                              introduction


    Chairman Cassidy, Ranking Member Heinrich, and Members of 
the Subcommittee, it is a privilege and an honor to serve at 
the Department of Energy (DOE or the Department), which is 
tasked with, among other important responsibilities: overseeing 
the Nation's nuclear energy research and development programs; 
creating and sustaining American leadership in the transition 
to a global clean energy economy; working effectively with the 
States on our Nation's energy challenges; and supporting our 
current, and developing our Nation's future, energy workforce. 
Thank you for the opportunity to testify today on behalf of the 
Department regarding legislation pertinent to DOE that is now 
pending in the Senate.
    I have been asked to testify on nine (9) bills today. The 
Administration continues to review all of these bills. I 
appreciate the ongoing bipartisan efforts to address our 
Nation's energy challenges and I look forward to working with 
the Committee.


                      interactions with the states


    DOE has a long and successful history of working with 
States on the Nation's most significant energy challenges. DOE 
has provided support for State and local governments to develop 
and refine energy assurance plans, build in-house expertise on 
infrastructure interdependencies (i.e., other critical 
infrastructure systems' reliance on electricity for operations) 
and vulnerabilities, integrate renewable energy, address 
challenges associated with premature nuclear power plant 
retirements and opportunities associated with advanced nuclear 
deployment, and utilize new applications such as cyber and 
smart grid technologies.
S. 2094--Enhancing State Energy Security Planning and Emergency 
        Preparedness Act
    Planning for energy sector disruptions--often led by state 
energy offices--is essential to safeguarding energy system 
reliability and resilience. Energy assurance planning can help 
to achieve a robust, secure and reliable energy infrastructure 
that is also able to restore services rapidly in the event of 
any disaster. Nearly all state and territory governments and 
select local governments have an energy security or assurance 
plan, which serves as a foundation for action when an energy 
disruption threatens public welfare or when the energy industry 
requests help. These plans address energy supply risks and 
vulnerabilities and enable a quick recovery and restoration. 
Combined with training and exercises for personnel and 
stakeholders, energy assurance plans enhance response and 
recovery efforts and support resiliency.
    The Department will continue to review the legislation and 
looks forward to working with Congress as the legislative 
process moves forward.


                               conclusion


    Thank you again for the opportunity to be here today. The 
Department appreciates the ongoing bipartisan efforts to 
address our Nation's energy challenges, and looks forward to 
working with the Committee on the legislation on today's agenda 
and any future legislation. I would be happy to answer your 
questions.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the changes in existing law made 
by S. 2094, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

               ENERGY POLICY AND CONSERVATION ACT OF 1975

Public Law 94-163, as Amended

           *       *       *       *       *       *       *



                            TABLE OF CONTENTS

     * * * * * * *

                 TITLE III--IMPROVING ENERGY EFFICIENCY

     * * * * * * *

               PART D--STATE ENERGY CONSERVATION PROGRAMS

Sec. 361. Findings and purpose.
Sec. 362. State energy conservation plans.
Sec. 363. Federal assistance to States.
Sec. 364. State energy efficiency goals.
Sec. 365. General provisions.
Sec. 366. Definitions.
Sec. 367. State Energy Security Plans
     * * * * * * *

TITLE III--IMPROVING ENERGY EFFICIENCY

           *       *       *       *       *       *       *


PART D--STATE ENERGY CONSERVATION PROGRAMS

           *       *       *       *       *       *       *



                      FEDERAL ASSISTANCE TO STATES

    Sec. 363. (a)

           *       *       *       *       *       *       *

    [(e)(1) Effective October 1, 1991, to be eligible for 
Federal financial assistance pursuant to this section, a State 
shall submit to the Secretary, as a supplement to its energy 
conservation plan, an energy emergency planning program for an 
energy supply disruption, as designed by the State consistent 
with applicable Federal and State law. The contingency plan 
provided for by the program shall include an implementation 
strategy or strategies (including regional coordination) for 
dealing with energy emergencies. The submission of such plan 
shall be for informational purposes only and without any 
requirement of approval by the Secretary.
    [(2) Federal financial assistance made available under this 
part to a State may be used to develop and conduct the energy 
emergency planning program requirement referred to in paragraph 
(1).]
    [(f)] (e) If the Secretary determines that a State has 
demonstrated a commitment to improving the energy efficiency of 
buildings within such State, the Secretary may, beginning in 
fiscal year 1994, provide up to $1,000,000 to such State for 
deposit into a revolving fund established by such State for the 
purpose of financing energy efficiency improvements in State 
and local government buildings. In making such determination 
the Secretary shall consider whether--

                           GENERAL PROVISIONS

    Sec. 365. (a) The Secretary may prescribe such rules as may 
be necessary or appropriate to carry out his authority under 
this part.

           *       *       *       *       *       *       *

    (f) For the purpose of carrying out this part, there are 
authorized to be appropriated [$125,000,000] $90,000,000 for 
each of fiscal years [2007 through 2012] 2021 through 2025.

           *       *       *       *       *       *       *


                              DEFINITIONS

    Sec. 366. As used in this part--

           *       *       *       *       *       *       *

          (3) The term ``energy audit'' means any process which 
        identifies and specifies the energy and cost savings 
        which are likely to be realized through the purchase 
        and installation of particular energy conservation 
        measures or renewable-resource energy measures and 
        which--
                  (A) is carried out in accordance with rules 
                of the Secretary; and
                  (B) imposes--
                          (i) no direct costs, with respect to 
                        individuals who are occupants of 
                        dwelling units in any State having a 
                        supplemental State energy conservation 
                        plan [approved under section 367], and
                          (ii) only reasonable costs, as 
                        determined by the Secretary, with 
                        respect to any person not described in 
                        clause (i).

           *       *       *       *       *       *       *


SEC. 367. STATE ENERGY SECURITY PLANS.

    (a) In General.--Federal financial assistance made 
available to a State under this part may be used for the 
implementation, review, and revision of a State energy security 
plan that assesses the State's existing circumstances and 
proposes methods to strengthen the ability of the State, in 
consultation with owners and operators of energy infrastructure 
in such State, to--
          (1) secure the energy infrastructure of the State 
        against all physical and cybersecurity threats;
          (2) mitigate the risk of energy supply disruptions to 
        the State and enhance the response to, and recovery 
        from, energy disruptions; and
          (3) ensure the State has a reliable, secure, and 
        resilient energy infrastructure.
    (b) Contents of Plan.--A State energy security plan 
described in subsection (a) shall--
          (1) address all energy sources and regulated and 
        unregulated energy providers;
          (2) provide a State energy profile, including an 
        assessment of energy production, distribution, and end-
        use;
          (3) address potential hazards to each energy sector 
        or system, including physical threats and cybersecurity 
        threats and vulnerabilities;
          (4) provide a risk assessment of energy 
        infrastructure and cross-sector interdependencies;
          (5) provide a risk mitigation approach to enhance 
        reliability and end-use resilience; and
          (6) address multi-State, Indian Tribe, and regional 
        coordination planning and response, and to the extent 
        practicable, encourage mutual assistance in cyber and 
        physical response plans.
    (c) Coordination.--In developing a State energy security 
plan under this section, the energy office of the State shall, 
to the extent practicable, coordinate with--
          (1) the public utility or service commission of the 
        State;
          (2) energy providers from the private sector; and 
          (3) other entities responsible for maintaining fuel 
        or electric reliability.
    (d) Financial Assistance.--A State is not eligible to 
receive Federal financial assistance under this part, for any 
purpose, for a fiscal year unless the Governor of such State 
submits to the Secretary, with respect to such fiscal year--
          (1) a State energy security plan described in 
        subsection (a) that meets the requirements of 
        subsection (b); or
          (2) after an annual review of the State energy 
        security plan by the Governor--
                  (A) any necessary revisions to such plan; or
                  (B) a certification that no revisions to such 
                plan are necessary.
    (e) Technical Assistance.--Upon request of the Governor of 
a State, the Secretary may provide information and technical 
assistance, and other assistance, in the development, 
implementation, or revision of a State energy security plan.
    (f) Requirement.--Each State receiving Federal financial 
assistance under this part shall provide reasonable assurance 
to the Secretary that the State has established policies and 
procedures designed to assure that the financial assistance 
will be used--
          (1) to supplement, and not to supplant, State and 
        local funds; and
          (2) to the maximum extent practicable, to increase 
        the amount of State and local funds that otherwise 
        would be available, in the absence of the financial 
        assistance, for the implementation of the State energy 
        security plan under this section.
    (g) Protection of Information.--Information provided to, or 
collected by, the Federal Government under this section--
          (1) shall be exempt from disclosure under section 
        552(b)(3) of title 5, United States Code; and
          (2) shall not be made available by any Federal 
        agency, State, political subdivision of a State, or 
        Tribal authority pursuant to any Federal, State, or 
        Tribal law, as applicable, requiring public disclosure 
        of information or records.
    (h) Sunset.--This section shall expire on October 31, 2024.

           *       *       *       *       *       *       *


  DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  1985

Public Law 98-473, as Amended

           *       *       *       *       *       *       *



TITLE II--RELATED AGENCIES

           *       *       *       *       *       *       *


DEPARTMENT OF ENERGY

           *       *       *       *       *       *       *



                          ENERGY CONSERVATION

    For necessary expenses in carrying out energy conservation 
activities, $467,969,000 to remain available until expended: 
Provided, That for the base State Energy Conservation Program 
(part D of the Energy Policy and Conservation Act, [sections 
361 through 366] sections 361 through 367), each State will 
hereafter match in cash or in kind not less than 20 percent of 
the Federal contribution: Provided further, That these funds 
may be used for grants to the Commonwealth of the Northern 
Mariana Islands, the Federated States of Micronesia, the 
Republic of the Marshall Islands, and the Republic of Palau 
under part D of title III of the Energy Policy and Conservation 
Act (relating to primary and supplemental State energy 
conservation programs, 42 U.S.C. 6321-6327) and under the 
National Energy Extension Service Act (42 U.S.C. 7001-7011): 
Provided further, That pursuant to section 111(b)(1)(B) of the 
Energy Reorganization Act of 1974, as amended, 42 U.S.C. 
5821(b)(1)(B), of the amount appropriated under this head, 
$16,000,000 shall be available for a grant for basic industry 
research facilities located at Northwestern University without 
section 111(b)(2) of such Act being applicable.

           *       *       *       *       *       *       *