[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2963 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 2963

  To provide for grants to clean technology consortia to enhance the 
 economic, environmental, and energy security of the United States by 
 promoting domestic development, manufacture, and deployment of clean 
                 technologies, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 19, 2016

  Mr. Markey introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To provide for grants to clean technology consortia to enhance the 
 economic, environmental, and energy security of the United States by 
 promoting domestic development, manufacture, and deployment of clean 
                 technologies, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consortia-Led Energy and Advanced 
Manufacturing Networks Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Advanced manufacturing.--
                    (A) In general.--The term ``advanced 
                manufacturing'' means a manufacturing process that 
                makes extensive use of computer, high precision, or 
                information technologies integrated with a high 
                performance workforce in a production system capable of 
                furnishing a heterogeneous mix of products in small or 
                large volumes with either the efficiency of mass 
                production or the flexibility of custom manufacturing 
                in order to respond quickly to customer demands.
                    (B) Inclusions.--The term ``advanced 
                manufacturing'' includes--
                            (i) new ways to manufacture existing 
                        products; and
                            (ii) the manufacture of new products 
                        emerging from new advanced technologies.
            (2) Clean technology.--The term ``clean technology'' means 
        a technology, production process, or methodology that--
                    (A) produces energy from solar, wind, geothermal, 
                biomass, tidal, wave, ocean, or another renewable 
                energy source (as defined in section 609(a) of the 
                Public Utility Regulatory Policies Act of 1978 (7 
                U.S.C. 918c(a)));
                    (B) more efficiently transmits, distributes, or 
                stores energy;
                    (C) enhances energy efficiency for buildings and 
                industry, including combined heat and power;
                    (D) enables the development of a Smart Grid (as 
                described in section 1301 of the Energy Independence 
                and Security Act of 2007 (42 U.S.C. 17381)), including 
                integration of renewable energy sources and distributed 
                generation, demand response, demand side management, 
                and systems analysis;
                    (E) produces an advanced or sustainable material 
                with energy or energy efficiency applications;
                    (F) improves energy efficiency for transportation, 
                including electric vehicles; or
                    (G) enhances water security through improved water 
                management, conservation, distribution, or end use 
                applications.
            (3) Cluster.--The term ``cluster'' means a network of 
        entities directly involved in the research, development, 
        finance, and commercial application of clean technologies and 
        advanced manufacturing whose geographic proximity facilitates 
        the use and sharing of skilled human resources, infrastructure, 
        research facilities, educational and training institutions, 
        venture capital, and input suppliers.
            (4) Consortium.--The term ``consortium'' means a clean 
        technology consortium established under the program.
            (5) 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)).
            (6) National laboratory.--The term ``National Laboratory'' 
        has the meaning given the term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
            (7) Program.--The term ``program'' means the clean 
        technology consortia grant program established under section 
        3(a).
            (8) Project.--The term ``project'' means an activity with 
        respect to which a consortium provides support under this Act.
            (9) Qualifying entity.--The term ``qualifying entity'' 
        means--
                    (A) an institution of higher education that has 
                entered into a partnership agreement with a private-
                sector entity;
                    (B) a Federal or State entity with a focus on 
                developing clean technologies or clusters, as 
                determined by the Secretary;
                    (C) a nongovernmental organization with expertise 
                in translational research, clean technology, or cluster 
                development; or
                    (D) any other entity determined appropriate by the 
                Secretary.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (11) Translational research.--The term ``translational 
        research'' means the coordination of basic or applied research 
        with technical applications to enable promising discoveries or 
        inventions to achieve commercial application.

SEC. 3. ESTABLISHMENT OF CLEAN TECHNOLOGY CONSORTIA GRANT PROGRAM.

    (a) In General.--The Secretary shall establish a program to enhance 
the economic, environmental, and energy security of the United States 
by promoting domestic development, manufacture, and deployment of 
state-of-the-art clean technologies by making grants to eligible clean 
technology consortia.
    (b) Consultation and Coordination Required.--In carrying out the 
program, the Secretary shall--
            (1) leverage the expertise and resources of private 
        research communities, institutions of higher education, 
        industry, venture capital, National Laboratories, and other 
        participants in technology innovation--
                    (A) to support collaborative, cross-disciplinary 
                research and development in clean technologies and 
                advanced manufacturing; and
                    (B) to develop and accelerate the commercial 
                application of innovative clean technologies and 
                advanced manufacturing practices; and
            (2) coordinate the innovation activities of consortia with 
        activities carried out by the Secretary of Energy, the 
        Secretary of Defense, other Federal agency heads, industry, and 
        institutions of higher education, including by annually--
                    (A) issuing guidance regarding national clean 
                technology and advanced manufacturing development 
                priorities and strategic objectives; and
                    (B) convening a conference relating to clean 
                technology and advanced manufacturing, which shall 
                bring together representatives of Federal agencies, 
                industry, institutions of higher education, and other 
                entities to share research and commercialization 
                results, program plans, and opportunities for 
                collaboration.
    (c) Purposes of Consortia.--The purposes of a consortia receiving a 
grant under the program shall include--
            (1) promoting new innovative clean technologies that have 
        demonstrated interest and potential for commercialization;
            (2) expanding advanced manufacturing capabilities, 
        networks, supply chains, and assets, in the area of clean 
        technologies, that contribute to regional and national 
        manufacturing competitiveness and potential for growth;
            (3) promoting job creation and entrepreneurship through the 
        establishment of new companies, the expansion of existing 
        companies, and commercialization of clean technologies;
            (4) providing technical or financial assistance to 
        companies desiring to invest in clean technologies, new 
        products or services, or enhanced processes that will grow 
        sales and jobs;
            (5) determining opportunities and challenges that companies 
        are facing and how to improve the use or production by those 
        companies of clean technologies;
            (6) assisting individual small- and medium-sized 
        enterprises with adopting and using new clean technologies and 
        related business and advanced manufacturing practices;
            (7) accelerating investment in, and deployment of, clean 
        technologies through public-private partnerships;
            (8) encouraging partnering between and among emerging and 
        established clean technology and advanced manufacturing 
        enterprises; and
            (9) demonstrating a comprehensive and successful model for 
        commercialization of clean technologies for promotion and 
        emulation.
    (d) Grant Program.--
            (1) In general.--The Secretary shall award grants on a 
        competitive basis--
                    (A) not later than 2 years after the date of 
                enactment of this Act, to at least 1 eligible 
                consortium; and
                    (B) not later than 10 years after the date of 
                enactment of this Act, to not fewer than 6 eligible 
                consortia.
            (2) Eligibility.--To be eligible to receive a grant under 
        paragraph (1), a consortium shall--
                    (A) consist of--
                            (i) one or more institutions of higher 
                        education that can demonstrate a significant 
                        annual clean technology research budget, 
                        entrepreneurial support programs, and 
                        technology licensing expertise; and
                            (ii) a total of 3 or more qualifying 
                        entities that can demonstrate expertise in 
                        translational research, clean technology, and 
                        cluster development;
                    (B) have established a binding agreement among the 
                members of the consortium that documents--
                            (i) the structure of the partnership 
                        agreement;
                            (ii) a governance and management structure 
                        that enables cost-effective use of grant funds;
                            (iii) a conflicts-of-interest policy, 
                        including procedures, consistent with those 
                        procedures of the Department of Commerce, to 
                        ensure that employees and designees for 
                        consortium activities who are in decisionmaking 
                        capacities disclose all material conflicts of 
                        interest, including financial, organizational, 
                        and personal conflicts of interest;
                            (iv) an accounting structure that meets the 
                        requirements of the Secretary and that may be 
                        audited under subsection (e); and
                            (v) the existence of an external advisory 
                        committee under paragraph (5);
                    (C) demonstrate that the consortium receives 
                funding from one or more non-Federal sources, such as a 
                State and participants of the consortium, that may be 
                used to support projects;
                    (D) be part of an existing cluster or demonstrate 
                high potential to develop a new cluster;
                    (E) operate as a nonprofit organization or a 
                public-private partnership under an operating agreement 
                led by a nonprofit organization; and
                    (F) establish an external advisory committee under 
                paragraph (5).
            (3) Grant period; amount of grant.--
                    (A) Grant period.--
                            (i) In general.--The initial period of a 
                        grant awarded under paragraph (1) shall not 
                        exceed 5 years.
                            (ii) Extension.--The Secretary may extend 
                        the term of a grant for a period of not more 
                        than 5 additional years.
                    (B) Amount of grant.--
                            (i) In general.--A grant awarded under 
                        paragraph (1) shall not exceed the lesser of--
                                    (I) $30,000,000 per fiscal year; or
                                    (II) the collective contributions 
                                of non-Federal entities to the 
                                consortium, as described in paragraph 
                                (2)(C).
                            (ii) Flexibility.--In determining the 
                        amount of a grant under this section, the 
                        Secretary shall consider--
                                    (I) the translational research 
                                capacity of the consortium;
                                    (II) the financial, human, and 
                                facility resources of the qualifying 
                                entities; and
                                    (III) the cluster of which the 
                                consortium is a part.
                            (iii) Increases in amounts.--Subject to 
                        clause (i), a consortium may request an 
                        increase in the amount of a grant at the time 
                        the consortium requests an extension under 
                        subparagraph (A)(ii).
            (4) Applications.--
                    (A) In general.--An eligible consortium desiring a 
                grant under paragraph (1) shall submit to the Secretary 
                an application at such time, in such manner, and 
                containing such information as the Secretary may 
                require.
                    (B) Disqualification.--The Secretary may disqualify 
                an application if the Secretary determines that the 
                conflicts-of-interest policy of the consortium, as 
                described in paragraph (2)(B)(iii), is inadequate.
            (5) External advisory committees.--
                    (A) In general.--To be eligible to receive a grant 
                under paragraph (1), a consortium shall establish an 
                external advisory committee, the members of which shall 
                have extensive and relevant scientific, technical, 
                industry, financial, or research management expertise.
                    (B) Duties.--An external advisory committee shall--
                            (i) review the proposed plans, programs, 
                        project selection criteria, and projects of the 
                        consortium; and
                            (ii) ensure that projects selected by the 
                        consortium meet the applicable conflicts-of-
                        interest policy of the consortium.
                    (C) Members.--An external advisory committee shall 
                consist of--
                            (i) representatives of the members of the 
                        consortium; and
                            (ii) such representatives of industry, 
                        including entrepreneurs and venture 
                        capitalists, as the members of the consortium 
                        determine to be necessary.
                    (D) Secretary as member.--The Secretary shall join 
                the external advisory committee of each consortium that 
                receives a grant.
            (6) Use of grant funds.--
                    (A) In general.--Subject to subparagraph (C), a 
                consortium awarded a grant under paragraph (1) shall 
                use the grant amounts to support translational 
                research, technology development, manufacturing 
                innovation, and commercialization activities relating 
                to clean technology.
                    (B) Project selection.--As a condition of receiving 
                a grant under paragraph (1), a consortium shall--
                            (i) develop and make available to the 
                        public on the website of the Department of 
                        Commerce proposed plans, programs, project 
                        selection criteria, and terms for individual 
                        project awards;
                            (ii) establish policies--
                                    (I) to prevent resources provided 
                                to the consortium from being used to 
                                displace private sector investment 
                                otherwise likely to occur, including 
                                investment from private sector entities 
                                that are members of the consortium;
                                    (II) to facilitate the 
                                participation of private entities that 
                                invest in clean technologies--
                                            (aa) to perform due 
                                        diligence on award proposals;
                                            (bb) to participate in the 
                                        award review process; and
                                            (cc) to provide guidance to 
                                        projects supported by the 
                                        consortium; and
                                    (III) to facilitate the 
                                participation of entities with a 
                                demonstrated history of commercial 
                                application of clean technologies in 
                                the development of consortium projects;
                            (iii) oversee project solicitations, review 
                        proposed projects, and select projects for 
                        awards; and
                            (iv) monitor project implementation.
                    (C) Limitations.--
                            (i) Administrative expenses.--A consortium 
                        may not use greater than 10 percent of the 
                        grant amounts for administrative expenses.
                            (ii) Prohibition on use.--A consortium may 
                        not use any grant amounts to construct a new 
                        building or facility.
    (e) Audits.--
            (1) In general.--A consortium that receives a grant under 
        subsection (d)(1) shall carry out, in accordance with such 
        requirements as the Secretary may prescribe, an annual audit to 
        determine whether the grant has been used in accordance with 
        this Act.
            (2) Report.--The consortium shall submit a copy of each 
        audit under paragraph (1) to the Secretary and the Comptroller 
        General of the United States.
            (3) GAO review.--As a condition of receiving a grant under 
        this Act, a consortium shall allow the Comptroller General of 
        the United States, on the request of the Comptroller General, 
        full access to the books, records, and personnel of consortium.
            (4) Reports to congress.--The Secretary shall submit to 
        Congress annually a report that includes--
                    (A) a copy of each audit carried out under 
                paragraph (1); and
                    (B) any recommendations of the Secretary relating 
                to the program.
    (f) Revocation of Awards.--The Secretary may--
            (1) review the grants awarded under subsection (d)(1); and
            (2) revoke a grant awarded under subsection (d)(1) if the 
        Secretary determines that a consortium has used the grant in a 
        manner that is not consistent with this Act.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary to carry 
out this Act $100,000,000.
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