II 111th CONGRESS 1st Session S. 1096 IN THE SENATE OF THE UNITED STATES May 20, 2009 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to establish an EnergyGrant Competitive Education Program to competitively award grants to consortia of institutions of higher education in regions to conduct research, extension, and education programs relating to the energy needs of the regions.
1.
EnergyGrant Competitive Education Program
(a)
Definitions
In this section: (1)
Institution of higher education
The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (2)
Secretary
The term Secretary means the Secretary of Energy, acting through the Director appointed under subsection (c). (3)
State
The term State means— (A)a State; (B)the District of Columbia; (C)the Commonwealth of Puerto Rico; and (D)any other territory or possession of the United States. (b)
Establishment
The Secretary shall establish and carry out a program to awards grants, on a competitive basis, to each consortium of institutions of higher education operating in each of the regions established under subsection (d) to conduct research, extension, and education programs relating to the energy needs of the regions. (c)
Director
The Secretary shall appoint a Director to carry out the program established under this section. (d)
Grants
(1)
In general
The Secretary shall use amounts made available under this section to award grants, on a competitive basis, to each consortium of institutions of higher education located in each of at least 6 regions established by the Secretary that, collectively, cover all States. (2)
Manner of distribution
(A)
In general
Except as provided in subparagraph (B), in making grants for a fiscal year under this section, the Secretary shall award grants to each consortium of institutions of higher education in equal amounts for each region of not less than $50,000,000 for each region. (B)
Territories and possessions
The Secretary may adjust the amount of grants awarded to a consortium of institutions of higher education in a region under this section if the region contains territories or possessions of the United States. (3)
Plans
As a condition of an initial grant under this section, a consortium of institutions of higher education in a region shall submit to the Secretary for approval a plan that— (A)addresses the energy needs for the region; and (B)describes the manner in which the proposed activities of the consortium will address those needs. (4)
Failure to comply with requirements
If the Secretary finds on the basis of a review of the annual report required under subsection (g) or on the basis of an audit of a consortium of institutions of higher education conducted by the Secretary that the consortium has not complied with the requirements of this section, the consortium shall be ineligible to receive further grants under this section for such period of time as may be prescribed by the Secretary. (e)
Use of funds
(1)
Competitive grants
(A)
In general
A consortium of institutions of higher education in a region that is awarded a grant under this section shall use the grant to conduct research, extension, and education programs relating to the energy needs of the region, including— (i)the promotion of low-carbon clean and green energy and related jobs that are applicable to the region; (ii)the development of low-carbon green fuels to reduce dependency on oil; (iii)the development of energy storage and energy management innovations for intermittent renewable technologies; and (iv)the accelerated deployment of efficient-energy technologies in new and existing buildings and in manufacturing facilities. (B)
Administration
(i)
In general
Subject to clauses (ii) through (vi), the Secretary shall make grants under this paragraph in accordance with section 989 of the Energy Policy Act of 2005 (42 U.S.C. 16353). (ii)
Priority
A consortium of institutions of higher education in a region shall give a higher priority to programs that are consistent with the plan approved by the Secretary for the region under subsection (d)(3). (iii)
Term
A grant awarded to a consortium of institutions of higher education under this section shall have a term that does not exceed 5 years. (iv)
Cost-sharing requirement
As a condition of receiving a grant under this paragraph, the Secretary shall require the recipient of the grant to share costs relating to the program that is the subject of the grant in accordance with section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352). (v)
Buildings and facilities
Funds made available for grants under this section shall not be used for the construction of a new building or facility or the acquisition, expansion, remodeling, or alteration of an existing building or facility (including site grading and improvement and architect fees). (vi)
Limitation on indirect costs
A consortium of institutions of higher education may not recover the indirect costs of using grants under subparagraph (A) in excess of the limits established under paragraph (2). (C)
Federally funded research and development centers
(i)
In general
A federally funded research and development center may be a member of a consortium of institutions of higher education that receives a grant under this section. (ii)
Scope
The Secretary shall ensure that the scope of work performed by a single federally funded research and development center in the consortium is not more significant than the scope of work performed by any of the other academic institutions of higher education in the consortium. (2)
Administrative expenses
A consortium of institutions of higher education may use up to 15 percent of the funds described in subsection (d) to pay administrative and indirect expenses incurred in carrying out paragraph (1), unless otherwise approved by the Secretary. (f)
Grant information analysis center
A consortium of institutions of higher education in a region shall maintain an Energy Analysis Center at 1 or more of the institutions of higher education to provide the institutions of higher education in the region with analysis and data management support. (g)
Annual reports
Not later than 90 days after the end of each fiscal year, a consortium of institutions of higher education receiving a grant under this section shall submit to the Secretary a report that describes the policies, priorities, and operations of the program carried out by the consortium of institutions of higher education under this section during the fiscal year. (h)
Administration
Not later than 180 days after the date of enactment of this Act, the Secretary shall establish such criteria and procedures as are necessary to carry out this section. (i)
Coordination
The Secretary shall coordinate with the Secretary of Agriculture and the Secretary of Commerce each activity carried out under the program under this section— (1)to avoid duplication of efforts; and (2)to ensure that the program supplements and does not supplant— (A)the Sun Grant program established under section 7526 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8114); and (B)the national Sea Grant college program carried out by the Administrator of the National Oceanic and Atmospheric Administration. (j)
Authorization of appropriations
There are authorized to be appropriated to carry out— (1)this section $300,000,000 for each of fiscal years 2010 through 2014; and (2)the activities of the Department of Energy (including biomass and bioenergy feedstock assessment research) under the Sun Grant program established under section 7526 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8114) $15,000,000 for each of fiscal years 2010 through 2014.