[Congressional Record Volume 166, Number 44 (Thursday, March 5, 2020)]
[Senate]
[Pages S1522-S1591]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ADVANCED GEOTHERMAL INNOVATION LEADERSHIP ACT OF 2019--Resumed
The PRESIDING OFFICER. The majority leader.
Amendment No. 1419 Withdrawn
Mr. McCONNELL. Mr. President, I withdraw amendment No. 1419.
The PRESIDING OFFICER. The Senator has that right.
The amendment is withdrawn.
The PRESIDING OFFICER. The Senator from Alaska.
Amendment No. 1407, as Modified
Ms. MURKOWSKI. Mr. President, I modify the substitute amendment No.
1407, with the changes at the desk. For the information of the Senate,
this modification includes, among other things, acceptance of amendment
No. 1419 offered by the Senator from Kentucky, Mr. McConnell, for the
Senator from Iowa, Ms. Ernst.
The PRESIDING OFFICER. The Senator has that right.
The amendment, as modified, is as follows:
(Purpose: In the nature of a substitute)
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American
Energy Innovation Act of 2020''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INNOVATION
Subtitle A--Efficiency
PART I--Energy Savings and Industrial Competitiveness
subpart a--buildings
Chapter 1--Building Efficiency
Sec. 1001. Commercial building energy consumption information sharing.
Sec. 1002. Energy efficiency materials pilot program.
Sec. 1003. Coordination of energy retrofitting assistance for schools.
Sec. 1004. Grants for energy efficiency improvements and renewable
energy improvements at public school facilities.
Sec. 1005. Smart Building Acceleration.
Chapter 2--Worker Training and Capacity Building
Sec. 1011. Building training and assessment centers.
Sec. 1012. Career skills training.
subpart b--industrial efficiency and competitiveness
Sec. 1021. Purposes.
Sec. 1022. Future of Industry program and industrial research and
assessment centers.
Sec. 1023. CHP Technical Assistance Partnership Program.
Sec. 1024. Sustainable manufacturing initiative.
Sec. 1025. High efficiency gas turbines.
Sec. 1026. Conforming amendments.
subpart c--federal agency energy efficiency
Sec. 1031. Energy and water performance requirements for Federal
buildings.
Sec. 1032. Federal Energy Management Program.
Sec. 1033. Use of energy and water efficiency measures in Federal
buildings.
Sec. 1034. Federal building energy efficiency performance standards;
certification system and level for green buildings.
Sec. 1035. Energy-efficient and energy-saving information technologies.
Sec. 1036. High-performance green Federal buildings.
Sec. 1037. Energy efficient data centers.
subpart d--rebates and certifications
Sec. 1041. Third-Party Certification Under Energy Star Program.
Sec. 1042. Extended Product System Rebate Program.
Sec. 1043. Energy Efficient Transformer Rebate Program.
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subpart e--miscellaneous
Sec. 1051. State energy conservation plans.
Sec. 1052. Report on electrochromic glass.
Sec. 1053. Advance appropriations required.
PART II--Weatherization
Sec. 1101. Weatherization Assistance Program.
Subtitle B--Renewable Energy
Sec. 1201. Hydroelectric production incentives and efficiency
improvements.
Sec. 1202. Marine energy research and development.
Sec. 1203. Advanced geothermal innovation leadership.
Sec. 1204. Wind energy research and development.
Sec. 1205. Solar energy research and development.
Subtitle C--Energy Storage
Sec. 1301. Better energy storage technology.
Sec. 1302. Bureau of Reclamation pumped storage hydropower development.
Subtitle D--Carbon Capture, Utilization, and Storage
Sec. 1401. Fossil energy.
Sec. 1402. Establishment of coal and natural gas technology program.
Sec. 1403. Carbon storage validation and testing.
Sec. 1404. Carbon utilization program.
Sec. 1405. Carbon removal.
Subtitle E--Nuclear
Sec. 1501. Light water reactor sustainability program.
Sec. 1502. Nuclear energy research, development, and demonstration.
Sec. 1503. Advanced fuels development.
Sec. 1504. Nuclear science and engineering support.
Sec. 1505. University Nuclear Leadership Program.
Sec. 1506. Versatile, reactor-based fast neutron source.
Sec. 1507. Advanced nuclear reactor research and development goals.
Sec. 1508. Nuclear energy strategic plan.
Sec. 1509. Advanced nuclear fuel security program.
Sec. 1510. International nuclear energy cooperation.
Sec. 1511. Integrated Energy Systems Program.
Subtitle F--Industrial Technologies
PART I--Innovation
Sec. 1601. Purpose.
Sec. 1602. Coordination of research and development of energy efficient
technologies for industry.
Sec. 1603. Industrial emissions reduction technology development
program.
Sec. 1604. Industrial Technology Innovation Advisory Committee.
Sec. 1605. Technical assistance program to implement industrial
emissions reduction.
PART II--Smart Manufacturing
Sec. 1611. Definitions.
Sec. 1612. Development of national smart manufacturing plan.
Sec. 1613. Leveraging existing agency programs to assist small and
medium manufacturers.
Sec. 1614. Leveraging smart manufacturing infrastructure at National
Laboratories.
Sec. 1615. State manufacturing leadership.
Sec. 1616. Report.
Subtitle G--Vehicles
Sec. 1701. Objectives.
Sec. 1702. Coordination and nonduplication.
Sec. 1703. Authorization of appropriations.
Sec. 1704. Reporting.
Sec. 1705. Vehicle research and development.
Sec. 1706. Medium- and heavy-duty commercial and transit vehicles
program.
Sec. 1707. Class 8 truck and trailer systems demonstration.
Sec. 1708. Technology testing and metrics.
Sec. 1709. Nonroad systems pilot program.
Sec. 1710. Repeal of existing authorities.
Subtitle H--Department of Energy
Sec. 1801. Veterans' health initiative.
Sec. 1802. Small scale LNG access.
Sec. 1803. Appalachian energy for national security.
Sec. 1804. Energy and water for sustainability.
Sec. 1805. Technology transitions.
Sec. 1806. Energy Technology Commercialization Fund cost-sharing.
Sec. 1807. State loan eligibility.
Sec. 1808. ARPA-E reauthorization.
Sec. 1809. Adjusting strategic petroleum reserve mandated drawdowns.
Sec. 1810. Western Area Power Administration pilot project.
Sec. 1811. Timing for distribution of financial assistance under the
State energy program.
Sec. 1812. Established Program to Stimulate Competitive Research.
Sec. 1813. Bakken and Three Forks natural gas liquids report.
Sec. 1814. Wind Blade Recycling Prize Competition.
TITLE II--SUPPLY CHAIN SECURITY
Subtitle A--Mineral Security
Sec. 2101. Mineral security.
Sec. 2102. Rare earth element advanced coal technologies.
Sec. 2103. Monitoring mineral investments under Belt and Road
Initiative of People's Republic of China.
Subtitle B--Cybersecurity and Grid Security and Modernization
PART I--Cybersecurity and Grid Security
Sec. 2201. Incentives for advanced cybersecurity technology investment.
Sec. 2202. Rural and municipal utility advanced cybersecurity grant and
technical assistance program.
Sec. 2203. State energy security plans.
Sec. 2204. Enhancing grid security through public-private partnerships.
Sec. 2205. Enhanced grid security.
PART II--Grid Modernization
Sec. 2210. Grid storage program.
Sec. 2211. Technology demonstration on the distribution system.
Sec. 2212. Micro-grid and hybrid micro-grid systems program.
Sec. 2213. Electric grid architecture, scenario development, and
modeling.
Sec. 2214. Voluntary model pathways.
Sec. 2215. Performance metrics for electricity infrastructure
providers.
Sec. 2216. Voluntary State, regional, and local electricity
distribution planning.
Sec. 2217. Authorization of appropriations.
Sec. 2218. Study on the implementation of microgrids in wildfire risk
areas.
Sec. 2219. Net metering study and evaluation.
Subtitle C--Workforce Development
Sec. 2301. Definitions.
Sec. 2302. Addressing insufficient compensation of employees and other
personnel of the Federal Energy Regulatory Commission.
Sec. 2303. Report on the authority of the Secretary to implement
flexible compensation models.
Sec. 2304. 21st Century Energy Workforce Advisory Board.
Sec. 2305. National Laboratory jobs access pilot program.
Sec. 2306. Clean energy workforce pilot program.
Sec. 2307. Energy-Ready Vets Program.
Sec. 2308. Wind workforce training grant program.
Sec. 2309. Veterans in wind energy.
Sec. 2310. Study and report on wind workforce.
TITLE III--CODE MAINTENANCE
Sec. 3001. Repeal of off-highway motor vehicles study.
Sec. 3002. Repeal of methanol study.
Sec. 3003. Repeal of state utility regulatory assistance.
Sec. 3004. Repeal of authorization of appropriations provision.
Sec. 3005. Repeal of residential energy efficiency standards study.
Sec. 3006. Repeal of weatherization study.
Sec. 3007. Repeal of report to Congress.
Sec. 3008. Repeal of survey of energy saving potential.
Sec. 3009. Repeal of report by General Services Administration.
Sec. 3010. Repeal of intergovernmental energy management planning and
coordination workshops.
Sec. 3011. Repeal of Inspector General audit survey and President's
Council on Integrity and Efficiency report to Congress.
Sec. 3012. Repeal of procurement and identification of energy efficient
products program.
Sec. 3013. Repeal of photovoltaic energy program.
Sec. 3014. Repeal of national action plan for demand response.
Sec. 3015. Repeal of energy auditor training and certification.
Sec. 3016. Repeal of national coal policy study.
Sec. 3017. Repeal of study on compliance problem of small electric
utility systems.
Sec. 3018. Repeal of study of socioeconomic impacts of increased coal
production and other energy development.
Sec. 3019. Repeal of study of the use of petroleum and natural gas in
combustors.
Sec. 3020. Repeal of authorization of appropriations.
Sec. 3021. Repeal of submission of reports.
Sec. 3022. Repeal of electric utility conservation plan.
Sec. 3023. Emergency Energy Conservation repeals.
Sec. 3024. Energy Security Act repeals.
Sec. 3025. Nuclear Safety Research, Development, and Demonstration Act
of 1980 repeals.
Sec. 3026. Repeal of Renewable Energy and Energy Efficiency Technology
Competitiveness Act of 1989.
Sec. 3027. Repeal of hydrogen research, development, and demonstration
program.
Sec. 3028. Repeal of study on alternative fuel use in nonroad vehicles
and engines.
Sec. 3029. Repeal of low interest loan program for small business fleet
purchases.
Sec. 3030. Repeal of technical and policy analysis for replacement fuel
demand and supply information.
Sec. 3031. Repeal of 1992 Report on Climate Change.
Sec. 3032. Repeal of Director of Climate Protector establishment.
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Sec. 3033. Repeal of 1994 report on global climate change emissions.
Sec. 3034. Repeal of telecommuting study.
Sec. 3035. Repeal of advanced buildings for 2005 program.
Sec. 3036. Repeal of Energy Research, Development, Demonstration, and
Commercial Application Advisory Board.
Sec. 3037. Repeal of study on use of energy futures for fuel purchase.
Sec. 3038. Repeal of energy subsidy study.
Sec. 3039. Elimination and consolidation of certain America COMPETES
programs.
Sec. 3040. Repeal of prior limitation on compensation of the Secretary
of the Interior.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) 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).
(3) Secretary.--Unless otherwise specified, the term
``Secretary'' means the Secretary of Energy.
TITLE I--INNOVATION
Subtitle A--Efficiency
PART I--ENERGY SAVINGS AND INDUSTRIAL COMPETITIVENESS
Subpart A--Buildings
CHAPTER 1--BUILDING EFFICIENCY
SEC. 1001. COMMERCIAL BUILDING ENERGY CONSUMPTION INFORMATION
SHARING.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Energy
Information Administration (referred to in this section as
the ``Administrator'') and the Administrator of the
Environmental Protection Agency shall sign, and submit to
Congress, an information sharing agreement (referred to in
this section as the ``agreement'') relating to commercial
building energy consumption data.
(b) Content of Agreement.--The agreement shall--
(1) provide that the Administrator shall have access to
building-specific data in the Portfolio Manager database of
the Environmental Protection Agency;
(2) describe the manner in which the Administrator shall
incorporate appropriate data (including the data described in
subsection (c)) into any Commercial Buildings Energy
Consumption Survey (referred to in this section as ``CBECS'')
published after the date of enactment of this Act for the
purpose of analyzing and estimating building population,
size, location, activity, energy usage, and any other
relevant building characteristic; and
(3) describe and compare--
(A) the methodologies that the Energy Information
Administration, the Environmental Protection Agency, and
State and local government managers use to maximize the
quality, reliability, and integrity of data collected through
CBECS, the Portfolio Manager database of the Environmental
Protection Agency, and State and local building energy
disclosure laws (including regulations), respectively, and
the manner in which those methodologies can be improved; and
(B) consistencies and variations in data for buildings that
were captured in the 2012 CBECS cycle and in the Portfolio
Manager database of the Environmental Protection Agency.
(c) Data.--The data referred in subsection (b)(2) includes
data that--
(1) is collected through the Portfolio Manager database of
the Environmental Protection Agency;
(2) is required to be publicly available on the internet
under State and local government building energy disclosure
laws (including regulations); and
(3) includes information on private sector buildings that
are not less than 250,000 square feet.
(d) Protection of Information.--In carrying out the
agreement, the Administrator and the Administrator of the
Environmental Protection Agency shall protect information in
accordance with--
(1) section 552(b)(4) of title 5, United States Code
(commonly known as the `Freedom of Information Act');
(2) subchapter III of chapter 35 of title 44, United States
Code; and
(3) any other applicable law (including regulations).
SEC. 1002. ENERGY EFFICIENCY MATERIALS PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Applicant.--The term ``applicant'' means a nonprofit
organization that applies for a grant under this section.
(2) Energy-efficiency material.--
(A) In general.--The term ``energy-efficiency material''
means a material (including a product, equipment, or system)
the installation of which results in a reduction in use by a
nonprofit organization of energy or fuel.
(B) Inclusions.--The term ``energy-efficiency material''
includes--
(i) a roof or lighting system or component of the system;
(ii) a window;
(iii) a door, including a security door;
(iv) a heating, ventilation, or air conditioning system or
component of the system (including insulation and wiring and
plumbing improvements needed to serve a more efficient
system); and
(v) a renewable energy generation or heating system,
including a solar, photovoltaic, wind, geothermal, or biomass
(including wood pellet) system or component of the system.
(3) Nonprofit building.--
(A) In general.--The term ``nonprofit building'' means a
building operated and owned by an organization that is
described in section 501(c)(3) of the Internal Revenue Code
of 1986 and exempt from tax under section 501(a) of such
Code.
(B) Inclusions.--The term ``nonprofit building'' includes a
building described in subparagraph (A) that is--
(i) a hospital;
(ii) a youth center;
(iii) a school;
(iv) a social-welfare program facility;
(v) a faith-based organization; or
(vi) any other nonresidential and noncommercial structure.
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a pilot
program to award grants for the purpose of providing
nonprofit buildings with energy-efficiency materials.
(c) Grants.--
(1) In general.--The Secretary may award grants under the
program established under subsection (b).
(2) Application.--The Secretary may award a grant under
paragraph (1) if an applicant submits to the Secretary an
application at such time, in such form, and containing such
information as the Secretary may prescribe.
(3) Criteria for grant.--In determining whether to award a
grant under paragraph (1), the Secretary shall apply
performance-based criteria, which shall give priority to
applicants based on--
(A) the energy savings achieved;
(B) the cost-effectiveness of the use of energy-efficiency
materials;
(C) an effective plan for evaluation, measurement, and
verification of energy savings; and
(D) the financial need of the applicant.
(4) Limitation on individual grant amount.--Each grant
awarded under this section shall not exceed $200,000.
(d) Report.--Not later than January 1, 2023, the Secretary
shall submit to Congress a report on the pilot program
established under subsection (b) that describes--
(1) the net reduction in energy use and energy costs under
the pilot program; and
(2) for each recipient of a grant under the pilot program--
(A) the geographic location of the recipient; and
(B) the size of the organization of the recipient.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2021 through 2025, to remain available
until expended.
SEC. 1003. COORDINATION OF ENERGY RETROFITTING ASSISTANCE FOR
SCHOOLS.
(a) Definition of School.--In this section, the term
``school'' means--
(1) an elementary school or secondary school (as defined in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801));
(2) an institution of higher education (as defined in
section 102(a) of the Higher Education Act of 1965 (20 U.S.C.
1002(a)));
(3) a school of the defense dependents' education system
under the Defense Dependents' Education Act of 1978 (20
U.S.C. 921 et seq.) or established under section 2164 of
title 10, United States Code;
(4) a school operated by the Bureau of Indian Education;
(5) a tribally controlled school (as defined in section
5212 of the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2511)); and
(6) a Tribal College or University (as defined in section
316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b))).
(b) Designation of Lead Agency.--The Secretary, acting
through the Office of Energy Efficiency and Renewable Energy,
shall act as the lead Federal agency for coordinating and
disseminating information on existing Federal programs and
assistance that may be used to help initiate, develop, and
finance energy efficiency, renewable energy, and energy
retrofitting projects for schools.
(c) Requirements.--In carrying out coordination and
outreach under subsection (b), the Secretary shall--
(1) in consultation and coordination with the appropriate
Federal agencies, carry out a review of existing programs and
financing mechanisms (including revolving loan funds and loan
guarantees) available in or from the Department of
Agriculture, the Department, the Department of Education, the
Department of the Treasury, the Internal Revenue Service, the
Environmental Protection Agency, and other appropriate
Federal agencies with jurisdiction over energy financing and
facilitation that are currently used or may be used to help
initiate, develop, and finance energy efficiency, renewable
energy, and energy retrofitting projects for schools;
(2) establish a Federal cross-departmental collaborative
coordination, education, and outreach effort to streamline
communication and promote available Federal opportunities and
assistance described in paragraph (1), for energy efficiency,
renewable energy, and energy retrofitting projects that
enables States, local educational agencies, and schools--
(A) to use existing Federal opportunities more effectively;
and
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(B) to form partnerships with Governors, State energy
programs, local educational, financial, and energy officials,
State and local government officials, nonprofit
organizations, and other appropriate entities, to support the
initiation of the projects;
(3) provide technical assistance for States, local
educational agencies, and schools to help develop and finance
energy efficiency, renewable energy, and energy retrofitting
projects--
(A) to increase the energy efficiency of buildings or
facilities;
(B) to install systems that individually generate energy
from renewable energy resources;
(C) to establish partnerships to leverage economies of
scale and additional financing mechanisms available to larger
clean energy initiatives; or
(D) to promote--
(i) the maintenance of health, environmental quality, and
safety in schools, including the ambient air quality, through
energy efficiency, renewable energy, and energy retrofit
projects; and
(ii) the achievement of expected energy savings and
renewable energy production through proper operations and
maintenance practices;
(4) develop and maintain a single online resource website
with contact information for relevant technical assistance
and support staff in the Office of Energy Efficiency and
Renewable Energy for States, local educational agencies, and
schools to effectively access and use Federal opportunities
and assistance described in paragraph (1) to develop energy
efficiency, renewable energy, and energy retrofitting
projects; and
(5) establish a process for recognition of schools that--
(A) have successfully implemented energy efficiency,
renewable energy, and energy retrofitting projects; and
(B) are willing to serve as resources for other local
educational agencies and schools to assist initiation of
similar efforts.
(d) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the implementation of this section.
SEC. 1004. GRANTS FOR ENERGY EFFICIENCY IMPROVEMENTS AND
RENEWABLE ENERGY IMPROVEMENTS AT PUBLIC SCHOOL
FACILITIES.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
consortium of--
(A) 1 local educational agency; and
(B) 1 or more--
(i) schools;
(ii) nonprofit organizations;
(iii) for-profit organizations; or
(iv) community partners that have the knowledge and
capacity to partner and assist with energy improvements.
(2) Energy improvement.--The term ``energy improvement''
means--
(A) any improvement, repair, renovation, or installation to
a school, including school grounds, that will result in a
direct reduction in school energy costs, including
improvements to building envelope, air conditioning,
ventilation, heating system, domestic hot water heating,
compressed air systems, distribution systems, lighting, power
systems, and controls;
(B) any improvement, repair, renovation, or installation
that--
(i) leads to an improvement in teacher and student health,
including indoor air quality, daylighting, ventilation,
electrical lighting, green roofs, outdoor gardens, and
acoustics; and
(ii) results in a reduction in school energy costs as
described in subparagraph (A);
(C) the installation of renewable energy technologies (such
as wind power, photovoltaics, solar thermal systems,
geothermal energy, hydrogen-fueled systems, biomass-based
systems, biofuels, anaerobic digesters, and hydropower) that
provide power to a school;
(D) the installation of zero-emissions vehicle
infrastructure on school grounds for exclusive use of school
buses, school fleets, or students, or for the general public;
and
(E) the purchase or lease of zero-emissions vehicles,
including school buses, fleet vehicles, and other operational
vehicles.
(3) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(4) Partnering local educational agency.--The term
``partnering local educational agency'', when used with
respect to an eligible entity, means the local educational
agency participating in the eligible entity.
(5) Zero-emissions vehicle infrastructure.--The term
``zero-emissions vehicle infrastructure'' means
infrastructure used to charge or fuel--
(A) a zero-emission vehicle (as defined in section 88.102-
94 of title 40, Code of Federal Regulations (or successor
regulation)); or
(B) a vehicle that does not produce exhaust emissions of
any criteria pollutant (or precursor pollutant) or greenhouse
gas under any possible operational modes or conditions.
(b) Authority.--From amounts made available for grants
under this section, the Secretary shall award competitive
grants to eligible entities to make energy improvements
authorized by this section.
(c) Applications.--
(1) In general.--An eligible entity desiring a grant under
this section shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
(2) Contents.--The application submitted under paragraph
(1) shall include each of the following:
(A) A needs assessment of the current condition of the
school and facilities that are to receive the energy
improvements.
(B) A draft work plan of what the eligible entity proposes
to achieve at the school and a description of the energy
improvements to be carried out.
(C) A description of the capacity of the eligible entity to
provide services and comprehensive support to make the energy
improvements.
(D) An assessment of the applicant's expected needs of the
eligible entity for operation and maintenance training funds,
and a plan for use of those funds, if any.
(E) An assessment of the expected energy, safety, and
health benefits of the energy improvements.
(F) A lifecycle cost estimate of the proposed energy
improvements.
(G) An identification of other resources that are available
to carry out the activities for which funds are requested
under this section, including the availability of utility
programs and public benefit funds.
(d) Priority.--In awarding grants under this section, the
Secretary shall give a priority to eligible entities--
(1) that have renovation, repair, and improvement funding
needs; and
(2)(A) that serve a high percentage, as determined by the
Secretary, of students who are eligible for a free or reduced
price lunch under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.) (which may be calculated
for students in a high school (as defined by section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)) using data from the schools that feed into the high
school); or
(B) with a participating local educational agency
designated with a school district locale code of 41, 42, or
43, as determined by the National Center for Education
Statistics in consultation with the Bureau of the Census.
(e) Competitive Criteria.--The competitive criteria used by
the Secretary to award grants under this section shall
include the following:
(1) The difference between the fiscal capacity of the
eligible entity to carry out, and the needs of the partnering
local educational agency for, energy improvements at school
facilities, including--
(A) the current and historic ability of the partnering
local educational agency to raise funds for construction,
renovation, modernization, and major repair projects for
schools;
(B) whether the partnering local educational agency has
been able to issue bonds or receive other funds to support
current infrastructure needs of the partnering local
educational agency; and
(C) the bond rating of the partnering local educational
agency.
(2) The likelihood that the partnering local educational
agency or eligible entity will maintain in good condition,
and operate, the energy improvements at any facility the
improvement of which is assisted.
(3) The potential energy, health, and safety benefits from
the proposed energy improvements, considering factors
including the degree of efficiency, energy savings, and
renewable energy generation in proportion to school facility
size and usage.
(f) Use of Grant Amounts.--
(1) In general.--An eligible entity receiving a grant under
this section shall use the grant amounts only to make the
energy improvements described in the application, subject to
the other provisions of this subsection.
(2) Operation and maintenance training.--An eligible entity
receiving a grant under this section may use not more than 5
percent of the grant amounts for operation and maintenance
training for energy efficiency and renewable energy
improvements (such as maintenance staff and teacher training,
education, and preventative maintenance training).
(3) Audit.--An eligible entity receiving a grant under this
section may use funds under the grant for a third-party
investigation and analysis for energy improvements (such as
energy audits and existing building commissioning).
(4) Continuing education.--An eligible entity receiving a
grant under this section may use not more than 3 percent of
the grant amounts to develop a continuing education
curriculum relating to energy improvements.
(g) Contracting Requirements.--
(1) Davis-bacon.--Any laborer or mechanic employed by any
contractor or subcontractor in the performance of work on any
energy improvements funded by a grant under this section
shall be paid wages at rates not less than those prevailing
on similar construction in the locality as determined by the
Secretary of Labor under subchapter IV of chapter 31 of title
40, United States Code (commonly referred to as the ``Davis-
Bacon Act'').
(2) Competition.--Each eligible entity receiving a grant
under this section shall ensure that, if the eligible entity
uses grant funds to carry out repair or renovation through a
contract, any such contract process--
(A) ensures the maximum number of qualified bidders,
including small, minority, and
[[Page S1526]]
women-owned businesses, through full and open competition;
and
(B) gives priority to businesses located in, or resources
common to, the State or the geographical area in which the
project is carried out.
(h) Reporting.--Each eligible entity receiving a grant
under this section shall submit to the Secretary, at such
time as the Secretary may require, a report describing the
use of such funds for energy improvements, the estimated cost
savings realized by those energy improvements, the results of
any audit, the use of any utility programs and public benefit
funds, and the use of performance tracking for energy
improvements.
(i) Best Practices.--
(1) In general.--The Secretary shall develop and publish
guidelines and best practices for activities carried out
under this section.
(2) Development.--In carrying out paragraph (1), the
Secretary shall--
(A) establish minimum technical requirements for the
conduct of energy audits and indoor environmental quality
assessments; and
(B) make publicly accessible on the website of the
Department a brief annual report on the implementation of
this section.
(3) Technical assistance.--The Secretary may provide
technical assistance to eligible entities to implement the
guidelines and best practices developed under paragraph (1).
(j) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $100,000,000 for
each of fiscal years 2021 through 2025.
SEC. 1005. SMART BUILDING ACCELERATION.
(a) Definitions.--In this section:
(1) Program.--The term ``program'' means the Federal Smart
Building Program established under subsection (b)(1).
(2) Smart building.--The term ``smart building'' means a
building, or collection of buildings, with an energy system
that--
(A) is flexible and automated;
(B) has extensive operational monitoring and communication
connectivity, allowing remote monitoring and analysis of all
building functions;
(C) takes a systems-based approach in integrating the
overall building operations for control of energy generation,
consumption, and storage;
(D) communicates with utilities and other third-party
commercial entities, if appropriate;
(E) protects the health and safety of occupants and
workers; and
(F) is cybersecure.
(3) Smart building accelerator.--The term ``smart building
accelerator'' means an initiative that is designed to
demonstrate specific innovative policies and approaches--
(A) with clear goals and a clear timeline; and
(B) that, on successful demonstration, would accelerate
investment in energy efficiency.
(b) Federal Smart Building Program.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall, in consultation
with the Administrator of General Services and the Secretary
of Homeland Security, as appropriate, establish a program to
be known as the ``Federal Smart Building Program''--
(A) to implement smart building technology; and
(B) to demonstrate the costs and benefits of smart
buildings.
(2) Selection.--
(A) In general.--The Secretary shall coordinate the
selection of not fewer than 1 building from among each of
several key Federal agencies, as described in paragraph (4),
to compose an appropriately diverse set of smart buildings
based on size, type, and geographic location.
(B) Inclusion of commercially operated buildings.--In
making selections under subparagraph (A), the Secretary may
include buildings that are owned by the Federal Government
but are commercially operated.
(C) Inclusion of multifamily buildings participating in
federal assistance or loan guarantee programs.--In making
selections under subparagraph (A), the Secretary may
include--
(i) a multifamily building in a public housing project;
(ii) a multifamily building in a multifamily housing
project receiving rental assistance under subsection (b) of
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) that is attached to the structure pursuant to
subsection (d)(2) of such section 8; and
(iii) a multifamily building for which the mortgage secured
by the building is guaranteed by the Department of Housing
and Urban Development.
(3) Targets.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall establish targets
for the number of smart buildings to be commissioned and
evaluated by key Federal agencies by 3 years and 6 years
after the date of enactment of this Act.
(4) Federal agency described.--The key Federal agencies
referred to in paragraph (2)(A) shall include buildings
operated by--
(A) the Department of the Army;
(B) the Department of the Navy;
(C) the Department of the Air Force;
(D) the Department;
(E) the Department of the Interior;
(F) the Department of Veterans Affairs;
(G) the General Services Administration; and
(H) the Department of Housing and Urban Development.
(5) Requirement.--In implementing the program, the
Secretary shall leverage existing financing mechanisms
including energy savings performance contracts, utility
energy service contracts, and annual appropriations.
(6) Evaluation.--Using the guidelines of the Federal Energy
Management Program relating to whole-building evaluation,
measurement, and verification, the Secretary shall evaluate
the costs and benefits of the buildings selected under
paragraph (2), including an identification of--
(A) which advanced building technologies--
(i) are most cost-effective; and
(ii) show the most promise for--
(I) increasing building energy savings;
(II) increasing service performance to building occupants;
(III) reducing environmental impacts; and
(IV) establishing cybersecurity; and
(B) any other information the Secretary determines to be
appropriate.
(7) Awards.--The Secretary may expand awards made under the
Federal Energy Management Program and the Better Building
Challenge to recognize specific agency achievements in
accelerating the adoption of smart building technologies.
(c) Survey of Private Sector Smart Buildings.--
(1) Survey.--The Secretary shall conduct a survey of
privately owned smart buildings throughout the United States,
including commercial buildings, laboratory facilities,
hospitals, multifamily residential buildings, and buildings
owned by nonprofit organizations and institutions of higher
education.
(2) Selection.--From among the smart buildings surveyed
under paragraph (1), the Secretary shall select not fewer
than 1 building each from an appropriate range of building
sizes, types, and geographic locations.
(3) Evaluation.--Using the guidelines of the Federal Energy
Management Program relating to whole-building evaluation,
measurement, and verification, the Secretary shall evaluate
the costs and benefits of the buildings selected under
paragraph (1), including an identification of--
(A) which advanced building technologies and systems--
(i) are most cost-effective; and
(ii) show the most promise for--
(I) increasing building energy savings;
(II) increasing service performance to building occupants;
(III) reducing environmental impacts; and
(IV) establishing cybersecurity; and
(B) any other information the Secretary determines to be
appropriate.
(d) Leveraging Existing Programs.--
(1) Better building challenge.--As part of the Better
Building Challenge of the Department, the Secretary, in
consultation with major private sector property owners, shall
develop smart building accelerators to demonstrate innovative
policies and approaches that will accelerate the transition
to smart buildings in the public, institutional, and
commercial buildings sectors.
(2) Research and development.--
(A) In general.--The Secretary shall conduct research and
development to address key barriers to the integration of
advanced building technologies and to accelerate the
transition to smart buildings.
(B) Inclusion.--The research and development conducted
under subparagraph (A) shall include research and development
on--
(i) achieving whole-building, systems-level efficiency
through smart system and component integration;
(ii) improving physical components, such as sensors and
controls, to be adaptive, anticipatory, and networked;
(iii) reducing the cost of key components to accelerate the
adoption of smart building technologies;
(iv) data management, including the capture and analysis of
data and the interoperability of the energy systems;
(v) in consultation with the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security, protecting against cybersecurity threats and
addressing security vulnerabilities of building systems or
equipment;
(vi) business models, including how business models may
limit the adoption of smart building technologies and how to
support transactive energy;
(vii) integration and application of combined heat and
power systems and energy storage for resiliency;
(viii) characterization of buildings and components;
(ix) consumer and utility protections;
(x) continuous management, including the challenges of
managing multiple energy systems and optimizing systems for
disparate stakeholders; and
(xi) other areas of research and development, as determined
appropriate by the Secretary.
(e) Report.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter until a
total of 3 reports have been made, the Secretary shall submit
to the Committees on Energy and Natural Resources, Commerce,
Science, and Transportation, and Homeland Security and
Governmental Affairs of the Senate and the Committees on
Energy and Commerce, Science, Space, and Technology, and
Homeland Security of the House of Representatives a report
on--
[[Page S1527]]
(1) the establishment of the Federal Smart Building Program
and the evaluation of Federal smart buildings under
subsection (b);
(2) the survey and evaluation of private sector smart
buildings under subsection (c); and
(3) any recommendations of the Secretary to further
accelerate the transition to smart buildings.
CHAPTER 2--WORKER TRAINING AND CAPACITY BUILDING
SEC. 1011. BUILDING TRAINING AND ASSESSMENT CENTERS.
(a) In General.--The Secretary shall provide grants to
institutions of higher education (as defined in section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001)) and
Tribal Colleges or Universities (as defined in section 316(b)
of that Act (20 U.S.C. 1059c(b))) to establish building
training and assessment centers--
(1) to identify opportunities for optimizing energy
efficiency and environmental performance in buildings;
(2) to promote the application of emerging concepts and
technologies in commercial and institutional buildings;
(3) to train engineers, architects, building scientists,
building energy permitting and enforcement officials, and
building technicians in energy-efficient design and
operation;
(4) to assist institutions of higher education and Tribal
Colleges or Universities in training building technicians;
(5) to promote research and development for the use of
alternative energy sources and distributed generation to
supply heat and power for buildings, particularly energy-
intensive buildings; and
(6) to coordinate with and assist State-accredited
technical training centers, community colleges, Tribal
Colleges or Universities, and local offices of the National
Institute of Food and Agriculture and ensure appropriate
services are provided under this section to each region of
the United States.
(b) Coordination and Nonduplication.--
(1) In general.--The Secretary shall coordinate the program
with the industrial research and assessment centers program
and with other Federal programs to avoid duplication of
effort.
(2) Collocation.--To the maximum extent practicable,
building, training, and assessment centers established under
this section shall be collocated with Industrial Assessment
Centers.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000, to
remain available until expended.
SEC. 1012. CAREER SKILLS TRAINING.
(a) Definition of Eligible Entity.--In this section, the
term ``eligible entity'' means a nonprofit partnership that--
(1) includes the equal participation of industry, including
public or private employers, and labor organizations,
including joint labor-management training programs;
(2) may include workforce investment boards, community-
based organizations, qualified service and conservation
corps, educational institutions, small businesses,
cooperatives, State and local veterans agencies, and veterans
service organizations; and
(3) demonstrates--
(A) experience in implementing and operating worker skills
training and education programs;
(B) the ability to identify and involve in training
programs carried out under this section, target populations
of individuals who would benefit from training and be
actively involved in activities relating to energy efficiency
and renewable energy industries; and
(C) the ability to help individuals achieve economic self-
sufficiency.
(b) Establishment.--The Secretary shall award grants to
eligible entities to pay the Federal share of associated
career skills training programs under which students
concurrently receive classroom instruction and on-the-job
training for the purpose of obtaining an industry-related
certification to install energy efficient buildings
technologies.
(c) Federal Share.--The Federal share of the cost of
carrying out a career skills training program described in
subsection (a) shall be 50 percent.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000, to
remain available until expended.
Subpart B--Industrial Efficiency and Competitiveness
SEC. 1021. PURPOSES.
The purposes of this subpart are--
(1) to establish a clear and consistent authority for
industrial efficiency programs of the Department;
(2) to accelerate the deployment of technologies and
practices that will increase industrial energy efficiency and
improve productivity;
(3) to accelerate the development and demonstration of
technologies that will assist the deployment goals of the
industrial efficiency programs of the Department and increase
manufacturing efficiency;
(4) to stimulate domestic economic growth and improve
industrial productivity and competitiveness;
(5) to meet the future workforce needs of industry; and
(6) to strengthen partnerships between Federal and State
governmental agencies and the private and academic sectors.
SEC. 1022. FUTURE OF INDUSTRY PROGRAM AND INDUSTRIAL RESEARCH
AND ASSESSMENT CENTERS.
(a) Future of Industry Program.--Section 452 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17111) is
amended--
(1) by striking the section heading and inserting the
following: ``future of industry program'';
(2) in subsection (a)(2)--
(A) by redesignating subparagraph (E) as subparagraph (F);
and
(B) by inserting after subparagraph (D) the following:
``(E) water and wastewater treatment facilities, including
systems that treat municipal, industrial, and agricultural
waste; and'';
(3) by striking subsection (e); and
(4) by redesignating subsection (f) as subsection (e).
(b) Industrial Research and Assessment Centers.--Subtitle D
of title IV of the Energy Independence and Security Act of
2007 (42 U.S.C. 17111 et seq.) is amended by adding at the
end the following:
``SEC. 454. INDUSTRIAL RESEARCH AND ASSESSMENT CENTERS.
``(a) Definitions.--In this section:
``(1) Energy service provider.--The term `energy service
provider' means--
``(A) any business providing technology or services to
improve the energy efficiency, water efficiency, power
factor, or load management of a manufacturing site or other
industrial process in an energy-intensive industry (as
defined in section 452(a)); and
``(B) any utility operating under a utility energy service
project.
``(2) Industrial research and assessment center.--The term
`industrial research and assessment center' means--
``(A) an institution of higher education-based industrial
research and assessment center that is funded by the
Secretary under subsection (b); and
``(B) an industrial research and assessment center at a
trade school, community college, or union training program
that is funded by the Secretary under subsection (f).
``(b) Institution of Higher Education-Based Industrial
Research and Assessment Centers.--
``(1) In general.--The Secretary shall provide funding to
institution of higher education-based industrial research and
assessment centers.
``(2) Purpose.--The purpose of each institution of higher
education-based industrial research and assessment center
shall be--
``(A) to identify opportunities for optimizing energy
efficiency and environmental performance, including
implementation of--
``(i) smart manufacturing;
``(ii) energy management systems;
``(iii) sustainable manufacturing; and
``(iv) information technology advancements for supply chain
analysis, logistics, system monitoring, industrial and
manufacturing processes, and other purposes;
``(B) to promote applications of emerging concepts and
technologies in small- and medium-sized manufacturers
(including water and wastewater treatment facilities and
federally owned manufacturing facilities);
``(C) to promote research and development for the use of
alternative energy sources to supply heat, power, and new
feedstocks for energy-intensive industries;
``(D) to coordinate with appropriate Federal and State
research offices;
``(E) to provide a clearinghouse for industrial process and
energy efficiency technical assistance resources; and
``(F) to coordinate with State-accredited technical
training centers and community colleges, while ensuring
appropriate services to all regions of the United States.
``(c) Coordination.--To increase the value and capabilities
of the industrial research and assessment centers, the
centers shall--
``(1) coordinate with Manufacturing Extension Partnership
Centers of the National Institute of Standards and
Technology;
``(2) coordinate with the Federal Energy Management Program
and the Building Technologies Program of the Department of
Energy to provide building assessment services to
manufacturers;
``(3) increase partnerships with the National Laboratories
of the Department of Energy to leverage the expertise,
technologies, and research and development capabilities of
the National Laboratories for national industrial and
manufacturing needs;
``(4) increase partnerships with energy service providers
and technology providers to leverage private sector expertise
and accelerate deployment of new and existing technologies
and processes for energy efficiency, power factor, and load
management;
``(5) identify opportunities for reducing greenhouse gas
emissions and other air emissions; and
``(6) promote sustainable manufacturing practices for
small- and medium-sized manufacturers.
``(d) Outreach.--The Secretary shall provide funding for--
``(1) outreach activities by the industrial research and
assessment centers to inform small- and medium-sized
manufacturers of the information, technologies, and services
available; and
``(2) coordination activities by each industrial research
and assessment center to leverage efforts with--
``(A) Federal and State efforts;
``(B) the efforts of utilities and energy service
providers;
``(C) the efforts of regional energy efficiency
organizations; and
``(D) the efforts of other industrial research and
assessment centers.
[[Page S1528]]
``(e) Centers of Excellence.--
``(1) Establishment.--The Secretary shall establish a
Center of Excellence at not more than 5 of the highest-
performing industrial research and assessment centers, as
determined by the Secretary.
``(2) Duties.--A Center of Excellence shall coordinate with
and advise the industrial research and assessment centers
located in the region of the Center of Excellence,
including--
``(A) by mentoring new directors and staff of the
industrial research and assessment centers with respect to--
``(i) the availability of resources; and
``(ii) best practices for carrying out assessments,
including through the participation of the staff of the
Center of Excellence in assessments carried out by new
industrial research and assessment centers;
``(B) by providing training to staff and students at the
industrial research and assessment centers on new
technologies, practices, and tools to expand the scope and
impact of the assessments carried out by the centers;
``(C) by assisting the industrial research and assessment
centers with specialized technical opportunities, including
by providing a clearinghouse of available expertise and tools
to assist the centers and clients of the centers in assessing
and implementing those opportunities;
``(D) by identifying and coordinating with regional, State,
local, and utility energy efficiency programs for the purpose
of facilitating efforts by industrial research and assessment
centers to connect industrial facilities receiving
assessments from those centers with regional, State, local,
and utility energy efficiency programs that could aid the
industrial facilities in implementing any recommendations
resulting from the assessments;
``(E) by facilitating coordination between the industrial
research and assessment centers and other Federal programs
described in paragraphs (1) through (3) of subsection (c);
and
``(F) by coordinating the outreach activities of the
industrial research and assessment centers under subsection
(d)(1).
``(3) Funding.--Subject to the availability of
appropriations, for each fiscal year, out of any amounts made
available to carry out this section under subsection (i), the
Secretary shall use not less than $500,000 to support each
Center of Excellence.
``(f) Expansion of Industrial Research and Assessment
Centers.--
``(1) In general.--The Secretary shall provide funding to
establish additional industrial research and assessment
centers at trade schools, community colleges, and union
training programs.
``(2) Purpose.--
``(A) In general.--Subject to subparagraph (B), to the
maximum extent practicable, an industrial research and
assessment center established under paragraph (1) shall have
the same purpose as an institution of higher education-based
industrial research center that is funded by the Secretary
under subsection (b)(1).
``(B) Consideration of capabilities.--In evaluating or
establishing the purpose of an industrial research and
assessment center established under paragraph (1), the
Secretary shall take into consideration the varying
capabilities of trade schools, community colleges, and union
training programs.
``(g) Workforce Training.--
``(1) Internships.--The Secretary shall pay the Federal
share of associated internship programs under which students
work with or for industries, manufacturers, and energy
service providers to implement the recommendations of
industrial research and assessment centers.
``(2) Apprenticeships.--The Secretary shall pay the Federal
share of associated apprenticeship programs under which--
``(A) students work with or for industries, manufacturers,
and energy service providers to implement the recommendations
of industrial research and assessment centers; and
``(B) employees of facilities that have received an
assessment from an industrial research and assessment center
work with or for an industrial research and assessment center
to gain knowledge on engineering practices and processes to
improve productivity and energy savings.
``(3) Federal share.--The Federal share of the cost of
carrying out internship programs described in paragraph (1)
and apprenticeship programs described in paragraph (2) shall
be 50 percent.
``(h) Small Business Loans.--The Administrator of the Small
Business Administration shall, to the maximum extent
practicable, expedite consideration of applications from
eligible small business concerns for loans under the Small
Business Act (15 U.S.C. 631 et seq.) to implement
recommendations developed by the industrial research and
assessment centers.
``(i) Funding.--There is authorized to be appropriated to
the Secretary to carry out this section $30,000,000 for each
fiscal year, to remain available until expended.''.
(c) Clerical Amendment.--The table of contents of the
Energy Independence and Security Act of 2007 (42 U.S.C. prec.
17001) is amended by adding at the end of the items relating
to subtitle D of title IV the following:
``Sec. 454. Industrial research and assessment centers.''.
SEC. 1023. CHP TECHNICAL ASSISTANCE PARTNERSHIP PROGRAM.
(a) In General.--Section 375 of the Energy Policy and
Conservation Act (42 U.S.C. 6345) is amended to read as
follows:
``SEC. 375. CHP TECHNICAL ASSISTANCE PARTNERSHIP PROGRAM.
``(a) Renaming.--
``(1) In general.--The Clean Energy Application Centers of
the Department of Energy are redesignated as the CHP
Technical Assistance Partnership Program (referred to in this
section as the `Program').
``(2) Program description.--The Program shall consist of--
``(A) the 10 regional CHP Technical Assistance Partnerships
in existence on the date of enactment of the American Energy
Innovation Act of 2020;
``(B) any other regional CHP Technical Assistance
Partnerships as the Secretary may establish; and
``(C) any supporting technical activities under the
Technical Partnership Program of the Advanced Manufacturing
Office of the Department of Energy.
``(3) References.--Any reference in any law, rule,
regulation, or publication to a Combined Heat and Power
Application Center or a Clean Energy Application Center shall
be deemed to be a reference to the Program.
``(b) CHP Technical Assistance Partnership Program.--
``(1) In general.--The Program shall--
``(A) operate programs to encourage deployment of combined
heat and power, waste heat to power, and efficient district
energy (collectively referred to in this subsection as `CHP')
technologies by providing education and outreach--
``(i) to building, industrial, and electric and natural gas
utility professionals;
``(ii) to State and local policymakers; and
``(iii) to other individuals and organizations with an
interest in efficient energy use, local or opportunity fuel
use, resiliency, energy security, microgrids, and district
energy; and
``(B) provide project-specific support to building and
industrial professionals through economic and engineering
assessments and advisory activities.
``(2) Funding for certain activities.--
``(A) In general.--The Program shall make funds available
to institutions of higher education, research centers, and
other appropriate institutions to ensure the continued
operation and effectiveness of regional CHP Technical
Assistance Partnerships.
``(B) Use of funds.--Funds made available under
subparagraph (A) may be used--
``(i) to research, develop, and distribute informational
materials relevant to manufacturers, commercial buildings,
institutional facilities, and Federal sites;
``(ii) to support the mission goals of the Department of
Defense relating to CHP and microgrid technologies;
``(iii) to continuously maintain and update--
``(I) the CHP installation database;
``(II) CHP technology potential analyses;
``(III) State CHP resource websites; and
``(IV) CHP Technical Assistance Partnerships websites;
``(iv) to research, develop, and conduct workshops,
reports, seminars, internet programs, CHP resiliency
resources, and other activities to provide education to end
users, regulators, and stakeholders in a manner that leads to
the deployment of CHP technologies;
``(v) to provide or coordinate onsite assessments for sites
and enterprises that may consider deployment of CHP
technology;
``(vi) to identify candidates for deployment of CHP
technologies, hybrid renewable-CHP technologies, microgrids,
and clean energy;
``(vii) to provide nonbiased engineering support to sites
considering deployment of CHP technologies;
``(viii) to assist organizations developing clean energy
technologies and policies in overcoming barriers to
deployment; and
``(ix) to assist with field validation and performance
evaluations of CHP and other clean energy technologies
implemented.
``(C) Duration.--The Program shall make funds available
under subparagraph (A) for a period of 5 years.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $12,000,000 for
each of fiscal years 2021 through 2025.''.
(b) Conforming Amendment.--Section 372(g) of the Energy
Policy and Conservation Act (42 U.S.C. 6342(g)) is amended by
striking ``Clean Energy Applications Center operated by the
Secretary of Energy'' and inserting ``regional CHP Technical
Assistance Partnerships''.
(c) Clerical Amendment.--The table of contents of the
Energy Policy and Conservation Act (Public Law 94-163; 89
Stat. 872; 92 Stat. 3272) is amended by striking the item
relating to section 375 and inserting the following:
``Sec. 375. CHP Technical Assistance Partnership Program.''.
SEC. 1024. SUSTAINABLE MANUFACTURING INITIATIVE.
(a) In General.--Part E of title III of the Energy Policy
and Conservation Act (42 U.S.C. 6341 et seq.) is amended by
adding at the end the following:
``SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE.
``(a) In General.--As part of the Office of Energy
Efficiency and Renewable Energy of the Department of Energy,
the Secretary, on the request of a manufacturer, shall carry
out onsite technical assessments to identify opportunities
for--
[[Page S1529]]
``(1) maximizing the energy efficiency of industrial
processes and cross-cutting systems;
``(2) preventing pollution and minimizing waste;
``(3) improving efficient use of water in manufacturing
processes;
``(4) conserving natural resources; and
``(5) achieving such other goals as the Secretary
determines to be appropriate.
``(b) Coordination.--To implement any recommendations
resulting from an onsite technical assessment carried out
under subsection (a) and to accelerate the adoption of new
and existing technologies and processes that improve energy
efficiency, the Secretary shall coordinate with--
``(1) the Advanced Manufacturing Office of the Department
of Energy;
``(2) the Building Technologies Office of the Department of
Energy;
``(3) the Federal Energy Management Program of the
Department of Energy; and
``(4) the private sector and other appropriate agencies,
including the National Institute of Standards and Technology.
``(c) Research and Development Program for Sustainable
Manufacturing and Industrial Technologies and Processes.--As
part of the industrial efficiency programs of the Department
of Energy, the Secretary shall carry out a joint industry-
government partnership program to research, develop, and
demonstrate new sustainable manufacturing and industrial
technologies and processes that maximize the energy
efficiency of industrial plants, reduce pollution, and
conserve natural resources.''.
(b) Clerical Amendment.--The table of contents of the
Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is
amended by adding at the end of the items relating to part E
of title III the following:
``Sec. 376. Sustainable manufacturing initiative.''.
SEC. 1025. HIGH EFFICIENCY GAS TURBINES.
(a) In General.--The Secretary, acting through the
Assistant Secretary for Fossil Energy (referred to in this
section as the ``Secretary''), shall carry out a multiyear,
multiphase program (referred to in this section as the
``program'') of research, development, and technology
demonstration to improve the efficiency of gas turbines used
in power generation systems and aviation.
(b) Program Elements.--The program shall--
(1) support first-of-a-kind engineering and detailed gas
turbine design for small-scale and utility-scale electric
power generation, including--
(A) high temperature materials, including superalloys,
coatings, and ceramics;
(B) improved heat transfer capability;
(C) manufacturing technology required to construct complex
3-dimensional geometry parts with improved aerodynamic
capability;
(D) combustion technology to produce higher firing
temperature while lowering nitrogen oxide and carbon monoxide
emissions per unit of output;
(E) advanced controls and systems integration;
(F) advanced high performance compressor technology; and
(G) validation facilities for the testing of components and
subsystems;
(2) include technology demonstration through component
testing, subscale testing, and full-scale testing in existing
fleets;
(3) include field demonstrations of the developed
technology elements to demonstrate technical and economic
feasibility;
(4) assess overall combined cycle and simple cycle system
performance;
(5) increase fuel flexibility by enabling gas turbines to
operate with high proportions of hydrogen or other renewable
gas fuels;
(6) enhance foundational knowledge needed for low-emission
combustion systems that can work in high-pressure, high-
temperature environments required for high-efficiency cycles;
(7) increase operational flexibility by reducing turbine
start-up times and improving the ability to accommodate
flexible power demand; and
(8) include any other elements necessary to achieve the
goals described in subsection (c), as determined by the
Secretary in consultation with private industry.
(c) Program Goals.--
(1) In general.--The goals of the program shall be--
(A) in phase I, to develop a conceptual design of, and to
develop and demonstrate the technology required for--
(i) advanced high efficiency gas turbines to achieve, on a
lower heating value basis--
(I) a combined cycle efficiency of not less than 65
percent; or
(II) a simple cycle efficiency of not less than 47 percent;
and
(ii) aviation gas turbines to achieve a 25 percent
reduction in fuel burn by improving fuel efficiency to
existing best-in-class turbo-fan engines; and
(B) in phase II, to develop a conceptual design of advanced
high efficiency gas turbines that can achieve, on a lower
heating value basis--
(i) a combined cycle efficiency of not less than 67
percent; or
(ii) a simple cycle efficiency of not less than 50 percent.
(2) Additional goals.--If a goal described in paragraph (1)
has been achieved, the Secretary, in consultation with
private industry and the National Academy of Sciences, may
develop additional goals or phases for advanced gas turbine
research and development.
(d) Financial Assistance.--
(1) In general.--The Secretary may provide financial
assistance, including grants, to carry out the program.
(2) Proposals.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall solicit proposals
from industry, small businesses, universities, and other
appropriate parties for conducting activities under this
section.
(3) Considerations.--In selecting proposed projects to
receive financial assistance under this section, the
Secretary shall give special consideration to the extent to
which the proposed project will--
(A) stimulate the creation or increased retention of jobs
in the United States; and
(B) promote and enhance technology leadership in the United
States.
(4) Competitive awards.--The Secretary shall provide
financial assistance under this section on a competitive
basis, with an emphasis on technical merit.
(5) Cost sharing.--Section 988 of the Energy Policy Act of
2005 (42 U.S.C. 16352) shall apply to financial assistance
provided under this section.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for
each of fiscal years 2021 through 2025.
SEC. 1026. CONFORMING AMENDMENTS.
(a) Section 106 of the Energy Policy Act of 2005 (42 U.S.C.
15811) is repealed.
(b) Sections 131, 132, 133, 2103, and 2107 of the Energy
Policy Act of 1992 (42 U.S.C. 6348, 6349, 6350, 13453, 13456)
are repealed.
(c) Section 2101(a) of the Energy Policy Act of 1992 (42
U.S.C. 13451(a)) is amended in the third sentence by striking
``sections 2102, 2103, 2104, 2105, 2106, 2107, and 2108'' and
inserting ``sections 2102, 2104, 2105, 2106, and 2108 of this
Act and section 376 of the Energy Policy and Conservation
Act,''.
Subpart C--Federal Agency Energy Efficiency
SEC. 1031. ENERGY AND WATER PERFORMANCE REQUIREMENTS FOR
FEDERAL BUILDINGS.
(a) In General.--Section 543 of the National Energy
Conservation Policy Act (42 U.S.C. 8253) is amended--
(1) in the section heading, by inserting ``and water''
after ``energy'';
(2) by striking subsection (a) and inserting the following:
``(a) Energy and Water Performance Requirements for Federal
Buildings.--
``(1) Energy requirements.--Subject to paragraph (3), to
the maximum extent life cycle cost-effective (as defined in
subsection (f)(1)), each agency shall apply energy
conservation measures to, and shall improve the design for
the construction of, the Federal buildings of the agency
(including each industrial or laboratory facility) so that
the energy consumption per gross square foot of the Federal
buildings of the agency in fiscal years 2021 through 2028 is
reduced, as compared with the energy consumption per gross
square foot of the Federal buildings of the agency in fiscal
year 2018, by the percentage specified in the following
table:
Percentage
``Fiscal Year Reduction
2021.............................................................2.5
2022.............................................................. 5
2023.............................................................7.5
2024..............................................................10
2025............................................................12.5
2026..............................................................15
2027............................................................17.5
2028..............................................................20.
``(2) Water requirements.--Subject to paragraph (3), the
head of each Federal agency shall, for each of fiscal years
2021 through 2030, improve water use efficiency and
management, including stormwater management, at facilities of
the agency by reducing agency potable water consumption
intensity--
``(A) by reducing potable water consumption by 54 percent
by fiscal year 2030, relative to the potable water
consumption of the agency in fiscal year 2007, through
reductions of 2 percent each fiscal year (as measured in
gallons per gross square foot);
``(B) by reducing the industrial, landscaping, and
agricultural water consumption of the agency, as compared to
a baseline of that consumption by the agency in fiscal year
2010, through reductions of 2 percent each fiscal year (as
measured in gallons); and
``(C) by installing appropriate infrastructure features on
federally owned property to improve stormwater and wastewater
management.
``(3) Energy and water intensive building exclusion.--
``(A) In general.--An agency may exclude from the
requirements of paragraphs (1) and (2) any building
(including the associated energy consumption and gross square
footage of the building) in which energy and water intensive
activities are carried out.
``(B) Reports.--Each agency shall identify and include in
each report under section 548(a) each building designated by
the agency for exclusion under subparagraph (A) during the
period covered by the report.
``(4) Recommendations.--Not later than December 31, 2026,
the Secretary shall--
``(A) review the results of the implementation of the
energy and water performance requirements established under
paragraph (1);
``(B) submit to Congress recommendations concerning energy
performance requirements for fiscal years 2029 through 2038;
and
``(C) submit to Congress recommendations concerning water
performance requirements for fiscal years 2031 through
2040.'';
[[Page S1530]]
(3) in subsection (b)--
(A) in the subsection heading, by inserting ``and Water''
after ``Energy''; and
(B) by striking paragraphs (1) and (2) and inserting the
following:
``(1) In general.--Each agency shall--
``(A) not later than October 1, 2022, to the maximum extent
practicable, begin installing in Federal buildings owned by
the United States all energy and water conservation measures
determined by the Secretary to be life cycle cost-effective
(as defined in subsection (f)(1)); and
``(B) complete the installation described in subparagraph
(A) as soon as practicable after the date referred to in that
subparagraph.
``(2) Explanation of noncompliance.--
``(A) In general.--If an agency fails to comply with
paragraph (1), the agency shall submit to the Secretary,
using guidelines developed by the Secretary, an explanation
of the reasons for the failure.
``(B) Report to congress.--Not later than October 1, 2021,
and every 2 years thereafter, the Secretary shall submit to
Congress a report that describes any noncompliance by an
agency with the requirements of paragraph (1).'';
(4) in subsection (c)(1)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking ``An
agency'' and inserting ``The head of each agency''; and
(ii) by inserting ``or water'' after ``energy'' each place
it appears; and
(B) in subparagraph (B)(i), by inserting ``or water'' after
``energy'';
(5) in subsection (d)(2), by inserting ``and water'' after
``energy'';
(6) in subsection (e)--
(A) in the subsection heading, by inserting ``and Water''
after ``Energy'';
(B) in paragraph (1)--
(i) in the first sentence--
(I) by striking ``October 1, 2012'' and inserting ``October
1, 2022'';
(II) by inserting ``and water'' after ``energy''; and
(III) by inserting ``and water'' after ``electricity'';
(ii) in the second sentence, by inserting ``and water''
after ``electricity''; and
(iii) in the fourth sentence, by inserting ``and water''
after ``energy'';
(C) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``and'' before ``Federal''; and
(II) by inserting ``and any other person the Secretary
deems necessary,'' before ``shall'';
(ii) in subparagraph (B)--
(I) in clause (i)(II), by inserting ``and water'' after
``energy'' each place it appears;
(II) in clause (ii), by inserting ``and water'' after
``energy''; and
(III) in clause (iv), by inserting ``and water'' after
``energy''; and
(iii) by adding at the end the following:
``(C) Update.--Not later than 180 days after the date of
enactment of this subparagraph, the Secretary shall update
the guidelines established under subparagraph (A) to take
into account water efficiency requirements under this
section.'';
(D) in paragraph (3), in the matter preceding subparagraph
(A), by striking ``established under paragraph (2)'' and
inserting ``updated under paragraph (2)(C)''; and
(E) in paragraph (4)--
(i) in subparagraph (A)--
(I) by striking ``this paragraph'' and inserting ``the
American Energy Innovation Act of 2020''; and
(II) by inserting ``and water'' before ``use in''; and
(ii) in subparagraph (B)(ii), in the matter preceding
clause (I), by inserting ``and water'' after ``energy''; and
(7) in subsection (f)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (E), (F), and (G) as
subparagraphs (F), (G), and (H), respectively; and
(ii) by inserting after subparagraph (D) the following:
``(E) Ongoing commissioning.--The term `ongoing
commissioning' means an ongoing process of commissioning
using monitored data, the primary goal of which is to ensure
continuous optimum performance of a facility, in accordance
with design or operating needs, over the useful life of the
facility, while meeting facility occupancy requirements.'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and water'' before
``use'';
(ii) in subparagraph (B)--
(I) by striking ``energy'' before ``efficiency''; and
(II) by inserting ``or water'' before ``use''; and
(iii) by adding at the end the following:
``(C) Energy management system.--An energy manager
designated for a facility under subparagraph (A) shall take
into consideration--
``(i) the use of a system to manage energy and water use at
the facility; and
``(ii) the applicability of the certification of the
facility in accordance with the International Organization
for Standardization standard numbered 50001 and entitled
`Energy Management Systems'.'';
(C) by striking paragraphs (3) and (4) and inserting the
following:
``(3) Energy and water evaluations and commissioning.--
``(A) Evaluations.--Except as provided in subparagraph (B),
not later than the date that is 180 days after the date of
enactment of the American Energy Innovation Act of 2020, and
annually thereafter, each energy manager shall complete, for
the preceding calendar year, a comprehensive energy and water
evaluation and recommissioning or retrocommissioning for
approximately 25 percent of the facilities of the applicable
agency that meet the criteria under paragraph (2)(B) in a
manner that ensures that an evaluation of each facility is
completed not less frequently than once every 4 years.
``(B) Exceptions.--An evaluation and recommissioning or
retrocommissioning shall not be required under subparagraph
(A) with respect to a facility that, as of the date on which
the evaluation and recommissioning or retrocommissioning
would occur--
``(i) has had a comprehensive energy and water evaluation
during the preceding 8-year period;
``(ii)(I) has been commissioned, recommissioned, or
retrocommissioned during the preceding 10-year period; or
``(II) is under ongoing commissioning, recommissioning, or
retrocomissioning;
``(iii) has not had a major change in function or use since
the previous evaluation and recommissioning or
retrocommissioning;
``(iv) has been benchmarked with public disclosure under
paragraph (8) during the preceding calendar year; and
``(v)(I) based on the benchmarking described in clause
(iv), has achieved at a facility level the most recent
cumulative energy savings target under subsection (a)
compared to the earlier of--
``(aa) the date of the most recent evaluation; or
``(bb) the date--
``(AA) of the most recent commissioning, recommissioning,
or retrocommissioning; or
``(BB) on which ongoing commissioning began; or
``(II) has a long-term contract in place guaranteeing
energy savings at least as great as the energy savings target
under subclause (I).
``(4) Implementation of identified energy and water
efficiency measures.--
``(A) In general.--Not later than 2 years after the date of
completion of each evaluation under paragraph (3), each
energy manager shall implement any energy- or water-saving
measure that--
``(i) the Federal agency identified in the evaluation; and
``(ii) is life cycle cost-effective, as determined by
evaluating an individual measure or a bundle of measures with
varying paybacks.
``(B) Performance contracting.--Each Federal agency shall
use performance contracting to address at least 50 percent of
the measures identified under subparagraph (A)(i).'';
(D) in paragraph (7)(B)(ii)(II), by inserting ``and water''
after ``energy''; and
(E) in paragraph (9)(A), in the matter preceding clause
(i), by inserting ``and water'' after ``energy''.
(b) Conforming Amendment.--The table of contents for the
National Energy Conservation Policy Act (Public Law 95-619;
92 Stat. 3206) is amended by striking the item relating to
section 543 and inserting the following:
``Sec. 543. Energy and water management requirements.''.
SEC. 1032. FEDERAL ENERGY MANAGEMENT PROGRAM.
Section 543 of the National Energy Conservation Policy Act
(42 U.S.C. 8253) is amended by adding at the end the
following:
``(h) Federal Energy Management Program.--
``(1) In general.--The Secretary shall carry out a program,
to be known as the `Federal Energy Management Program'
(referred to in this subsection as the `Program'), to
facilitate the implementation by the Federal Government of
cost-effective energy and water management and energy-related
investment practices--
``(A) to coordinate and strengthen Federal energy and water
resilience; and
``(B) to promote environmental stewardship.
``(2) Program activities.--
``(A) Strategic planning and technical assistance.--Under
the Program, the Federal Director appointed under paragraph
(3)(A) (referred to in this subsection as the `Federal
Director') shall--
``(i) provide technical assistance and project
implementation support and guidance to Federal agencies to
identify, implement, procure, and track energy and water
conservation measures required under this Act and under other
provisions of law (including regulations);
``(ii) in coordination with the Administrator of the
General Services Administration, establish appropriate
procedures, methods, and best practices for use by Federal
agencies to select, monitor, and terminate contracts entered
into under section 546 with utilities;
``(iii) in coordination with the Federal Acquisition
Regulatory Council, establish appropriate procedures,
methods, and best practices for use by Federal agencies to
select, monitor, and terminate contracts entered into under
section 801 with energy service contractors and utilities;
``(iv) establish and maintain internet-based information
resources and project tracking systems and tools for energy
and water management;
``(v) coordinate comprehensive and strategic approaches to
energy and water resilience planning for Federal agencies;
and
``(vi) establish a recognition program for Federal
achievement in energy and water
[[Page S1531]]
management, energy-related investment practices,
environmental stewardship, and other relevant areas, through
events such as individual recognition award ceremonies and
public announcements.
``(B) Energy and water management and reporting.--Under the
Program, the Federal Director shall--
``(i) track and report on the progress of Federal agencies
in meeting the requirements of the agency under this section;
``(ii) make publicly available annual Federal agency
performance data required under--
``(I) this section and sections 544 through 548; and
``(II) section 203 of the Energy Policy Act of 2005 (42
U.S.C. 15852);
``(iii)(I) collect energy and water use and consumption
data from each Federal agency; and
``(II) based on that data, submit to each Federal agency a
report that will facilitate the energy and water management,
energy-related investment practices, and environmental
stewardship of the agency in support of Federal goals under
this Act and under other provisions of law (including
regulations);
``(iv)(I) establish new Federal building energy efficiency
standards; and
``(II) in consultation with the Administrator of the
General Services Administration, acting through the head of
the Office of High-Performance Green Buildings, establish and
implement Federal building sustainable design principles for
Federal facilities;
``(v) manage the implementation of Federal building energy
efficiency standards established under section 305 of the
Energy Conservation and Production Act (42 U.S.C. 6834); and
``(vi) designate products that meet the highest energy
conservation standards for categories not covered under the
Energy Star program established under section 324A of the
Energy Policy and Conservation Act (42 U.S.C. 6294a).
``(C) Federal policy coordination.--Under the Program, the
Federal Director shall--
``(i) develop and implement accredited training consistent
with existing Federal programs and activities--
``(I) relating to energy and water use, management, and
resilience in Federal buildings, energy-related investment
practices, and environmental stewardship; and
``(II) that includes in-person training, internet-based
programs, and national in-person training events;
``(ii) coordinate and facilitate energy and water
management, energy-related investment practices, and
environmental stewardship through the Interagency Energy
Management Task Force established under section 547; and
``(iii) report on the implementation of the priorities of
the President, including Executive orders, relating to energy
and water use in Federal buildings, in coordination with--
``(I) the Office of Management and Budget;
``(II) the Council on Environmental Quality; and
``(III) any other entity, as considered necessary by the
Federal Director.
``(D) Facility and fleet optimization.--Under the Program,
the Federal Director shall develop guidance, supply
assistance to, and track the progress of Federal agencies--
``(i) in conducting portfolio-wide facility energy and
water resilience planning and project integration;
``(ii) in building new construction and major renovations
to meet the sustainable design and energy and water
performance standards required under this section;
``(iii) in developing guidelines for--
``(I) building commissioning; and
``(II) facility operations and maintenance; and
``(iv) in coordination with the Administrator of the
General Services Administration, in meeting statutory and
agency goals for Federal fleet vehicles.
``(3) Federal director.--
``(A) Appointment.--The Secretary shall appoint an
individual to serve as Federal Director of the Program, which
shall be a career position in the Senior Executive service,
to manage the Program and carry out the activities of the
Program described in paragraph (2).
``(B) Duties.--The Federal Director shall--
``(i) oversee, manage, and administer the Program;
``(ii) provide leadership in energy and water management,
energy-related investment practices, and environmental
stewardship through coordination with Federal agencies and
other appropriate entities; and
``(iii) establish a management council to advise the
Federal Director that shall--
``(I) convene not less frequently than once every quarter;
and
``(II) consist of representatives from--
``(aa) the Council on Environmental Quality;
``(bb) the Office of Management and Budget; and
``(cc) the Office of Federal High-Performance Green
Buildings in the General Services Administration.
``(4) Savings clause.--Nothing in this subsection impedes,
supersedes, or alters the authority of the Secretary to carry
out the remainder of this section or section 305 of the
Energy Conservation and Production Act (42 U.S.C. 6834).
``(5) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $36,000,000 for each of fiscal years 2021 through
2031.''.
SEC. 1033. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN
FEDERAL BUILDINGS.
(a) Reports.--Section 548(b) of the National Energy
Conservation Policy Act (42 U.S.C. 8258(b)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5)(A) the status of the energy savings performance
contracts and utility energy service contracts of each
agency, to the extent that the information is not duplicative
of information provided to the Secretary under a separate
authority;
``(B) the quantity and investment value of the contracts
for the previous year;
``(C) the guaranteed energy savings, or for contracts
without a guarantee, the estimated energy savings, for the
previous year, as compared to the measured energy savings for
the previous year;
``(D) a forecast of the estimated quantity and investment
value of contracts anticipated in the following year for each
agency; and
``(E)(i) a comparison of the information described in
subparagraph (B) and the forecast described in subparagraph
(D) in the report of the previous year; and
``(ii) if applicable, the reasons for any differences in
the data compared under clause (i).''.
(b) Definition of Energy Conservation Measures.--Section
551(4) of the National Energy Conservation Policy Act (42
U.S.C. 8259(4)) is amended by striking ``or retrofit
activities'' and inserting ``retrofit activities, or energy
consuming devices and required support structures''.
(c) Authority to Enter Into Contracts.--Section
801(a)(2)(F) of the National Energy Conservation Policy Act
(42 U.S.C. 8287(a)(2)(F)) is amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(iii) limit the recognition of operation and maintenance
savings associated with systems modernized or replaced with
the implementation of energy conservation measures, water
conservation measures, or any combination of energy
conservation measures and water conservation measures.''.
(d) Miscellaneous Authority; Excluded Contracts.--Section
801(a)(2) of the National Energy Conservation Policy Act (42
U.S.C. 8287(a)(2)) is amended by adding at the end the
following:
``(H) Miscellaneous authority.--Notwithstanding subtitle I
of title 40, United States Code, a Federal agency may accept,
retain, sell, or transfer, and apply the proceeds of the sale
or transfer of, any energy and water incentive, rebate, grid
services revenue, or credit (including a renewable energy
certificate) to fund a contract under this title.
``(I) Excluded contracts.--A contract entered into under
this title may not be for work performed--
``(i) at a Federal hydroelectric facility that provides
power marketed by a Power Marketing Administration; or
``(ii) at a hydroelectric facility owned and operated by
the Tennessee Valley Authority established under the
Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et
seq.).''.
(e) Payment of Costs.--Section 802 of the National Energy
Conservation Policy Act (42 U.S.C. 8287a) is amended by
striking ``(and related operation and maintenance expenses)''
and inserting ``, including related operations and
maintenance expenses''.
(f) Definition of Energy Savings.--Section 804(2) of the
National Energy Conservation Policy Act (42 U.S.C. 8287c(2))
is amended--
(1) in subparagraph (A), by striking ``federally owned
building or buildings or other federally owned facilities''
and inserting ``Federal building (as defined in section
551)'' each place it appears;
(2) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(3) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(E) the use, sale, or transfer of any energy and water
incentive, rebate, grid services revenue, or credit
(including a renewable energy certificate); and
``(F) any revenue generated from a reduction in energy or
water use, more efficient waste recycling, or additional
energy generated from more efficient equipment.''.
SEC. 1034. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE
STANDARDS; CERTIFICATION SYSTEM AND LEVEL FOR
GREEN BUILDINGS.
(a) Definitions.--Section 303 of the Energy Conservation
and Production Act (42 U.S.C. 6832) is amended--
(1) in each of paragraphs (1) through (16), by inserting a
paragraph heading, the text of which is comprised of the term
defined in that paragraph;
(2) by redesignating paragraphs (2) through (16) as
paragraphs (3), (4), (6), (7), (8), (10), (12), (13), (14),
(15), (16), (9), (17), (5), and (2), respectively, and moving
the paragraphs so as to appear in numerical order; and
(3) by inserting after paragraph (10) (as so redesignated)
the following:
[[Page S1532]]
``(11) Major renovation.--The term `major renovation' means
a modification of the energy systems of a building that is
sufficiently extensive to ensure that the entire building can
achieve compliance with applicable energy standards for new
buildings, as established by the Secretary.''.
(b) Federal Building Efficiency Standards.--Section 305 of
the Energy Conservation and Production Act (42 U.S.C. 6834)
is amended--
(1) in subsection (a)--
(A) in paragraph (2)(A), by striking ``the 2004
International Energy Conservation Code (in the case of
residential buildings) or ASHRAE Standard 90.1-2004 (in the
case of commercial buildings)'' and inserting ``the most
recently published edition of the International Energy
Conservation Code (in the case of residential buildings) or
ASHRAE Standard 90.1 (in the case of commercial buildings) on
the date of enactment of the American Energy Innovation Act
of 2020''; and
(B) in paragraph (3)--
(i) by striking ``(3)(A) Not later than'' and all that
follows through subparagraph (B) and inserting the following:
``(3) Revised federal building energy efficiency
performance standards; certification for green buildings.--
``(A) Revised federal building energy efficiency
performance standards.--
``(i) In general.--Not later than 1 year after the date of
enactment of the American Energy Innovation Act of 2020, the
Secretary shall establish, by regulation, revised Federal
building energy efficiency performance standards that require
that--
``(I) subject to clause (ii), new Federal buildings and
Federal buildings with major renovations--
``(aa) meet or exceed the most recently published version
of the International Energy Conservation Code (in the case of
residential buildings) or ASHRAE Standard 90.1 (in the case
of commercial buildings) as of the date of enactment of the
American Energy Innovation Act of 2020; and
``(bb) meet or exceed the energy provisions of the State
and local building codes applicable to the building if the
codes are more stringent than the most recently published
version of the International Energy Conservation Code or
ASHRAE Standard 90.1 as of the date of enactment of the
American Energy Innovation Act of 2020, as applicable;
``(II) unless demonstrated not to be life cycle cost-
effective for new Federal buildings and Federal buildings
with major renovations--
``(aa) the buildings shall be designed to achieve energy
consumption levels that are not less than 30 percent below
the levels established in the most recently published version
of the International Energy Conservation Code or the ASHRAE
Standard, as of the date of enactment of the American Energy
Innovation Act of 2020, as appropriate, unless the Secretary
determines, pursuant to subparagraph (B), that a subsequent
version of such a standard or code shall apply; and
``(bb) sustainable design principles are applied to the
location, siting, design, and construction of all new Federal
buildings and replacement Federal buildings;
``(III) if water is used to achieve energy efficiency,
water conservation technologies shall be applied to the
extent that the technologies are life-cycle cost effective;
and
``(IV) if life-cycle cost effective, as compared to other
reasonably available technologies, not less than 30 percent
of the hot water demand for each new Federal building or
Federal building undergoing a major renovation be met through
the installation and use of solar hot water heaters.
``(ii) Exception.--Clause (i)(I) shall not apply to the
unaltered portions of Federal buildings and systems that have
undergone major renovations.
``(B) Updates.--Not later than 1 year after the date of
approval of each subsequent revision of the ASHRAE Standard
or the International Energy Conservation Code, as
appropriate, the Secretary shall determine whether the
revised standards established under subclauses (I) and (II)
of subparagraph (A)(i) should be updated to reflect the
revisions, based on the energy savings and life cycle cost-
effectiveness of the revisions.'';
(ii) in subparagraph (C)--
(I) by striking ``(C) In the budget request'' and inserting
the following:
``(C) Budget request.--In the budget request''; and
(II) by indenting clauses (i) and (ii) appropriately; and
(iii) by striking subparagraph (D) and inserting the
following:
``(D) Certification for green buildings.--
``(i) Sustainable design principles.--Sustainable design
principles shall be applied to the siting, design, and
construction of buildings covered by this subparagraph.
``(ii) Selection of certification systems.--The Secretary,
after reviewing the findings of the Federal Director under
section 436(h) of the Energy Independence and Security Act of
2007 (42 U.S.C. 17092(h)), in consultation with the
Administrator of General Services, and in consultation with
the Secretary of Defense relating to those facilities under
the custody and control of the Department of Defense, shall
determine those certification systems for green commercial
and residential buildings that the Secretary determines to be
the most likely to encourage a comprehensive and
environmentally sound approach to certification of green
buildings.
``(iii) Basis for selection.--The determination of the
certification systems under clause (ii) shall be based on
ongoing review of the findings of the Federal Director under
section 436(h) of the Energy Independence and Security Act of
2007 (42 U.S.C. 17092(h)) and the criteria described in
clause (v).
``(iv) Administration.--In determining certification
systems under this subparagraph, the Secretary shall--
``(I) make a separate determination for all or part of each
system; and
``(II) confirm that the criteria used to support the
selection of building products, materials, brands, and
technologies--
``(aa) are based on relevant technical data;
``(bb) use and reward evaluation of health, safety, and
environmental risks and impacts across the lifecycle of the
building product, material, brand, or technology, including
methodologies generally accepted by the applicable scientific
disciplines;
``(cc) as practicable, give preference to performance
standards instead of prescriptive measures; and
``(dd) reward continual improvements in the lifecycle
management of health, safety, and environmental risks and
impacts.
``(v) Considerations.--In determining the green building
certification systems under this subparagraph, the Secretary
shall take into consideration--
``(I) the ability and availability of assessors and
auditors to independently verify the criteria and measurement
of metrics at the scale necessary to implement this
subparagraph;
``(II) the ability of the applicable certification
organization to collect and reflect public comment;
``(III) the ability of the standard to be developed and
revised through a consensus-based process;
``(IV) an evaluation of the robustness of the criteria for
a high-performance green building, which shall give credit
for promoting--
``(aa) efficient and sustainable use of water, energy, and
other natural resources;
``(bb) use of renewable energy sources;
``(cc) improved indoor environmental quality through
enhanced indoor air quality, thermal comfort, acoustics, day
lighting, pollutant source control, and use of low-emission
materials and building system controls;
``(dd)(AA) the sourcing of grown, harvested, or mined
materials; and
``(BB) certifications of responsible sourcing, such as
certifications provided by the Forest Stewardship Council,
the Sustainable Forestry Initiative, the American Tree Farm
System, or the Programme for the Endorsement of Forest
Certification; and
``(ee) such other criteria as the Secretary determines to
be appropriate; and
``(V) national recognition within the building industry.
``(vi) Review.--The Secretary, in consultation with the
Administrator of General Services and the Secretary of
Defense, shall conduct an ongoing review to evaluate and
compare private sector green building certification systems,
taking into account--
``(I) the criteria described in clause (v); and
``(II) the identification made by the Federal Director
under section 436(h) of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17092(h)).
``(vii) Exclusions.--
``(I) In general.--Subject to subclause (II), if a
certification system fails to meet the review requirements of
clause (v), the Secretary shall--
``(aa) identify the portions of the system, whether
prerequisites, credits, points, or otherwise, that meet the
review criteria of clause (v);
``(bb) determine the portions of the system that are
suitable for use; and
``(cc) exclude all other portions of the system from
identification and use.
``(II) Entire systems.--The Secretary shall exclude an
entire system from use if an exclusion under subclause (I)--
``(aa) impedes the integrated use of the system;
``(bb) creates disparate review criteria or unequal point
access for competing materials; or
``(cc) increases agency costs of the use.
``(viii) Internal certification processes.--The Secretary
may by rule allow Federal agencies to develop internal
certification processes, using certified professionals, in
lieu of certification by certification entities identified
under clause (ii).
``(ix) Privatized military housing.--With respect to
privatized military housing, the Secretary of Defense, after
consultation with the Secretary may, through rulemaking,
develop alternative certification systems and levels than the
systems and levels identified under clause (ii) that achieve
an equivalent result in terms of energy savings, sustainable
design, and green building performance.
``(x) Water conservation technologies.--In addition to any
use of water conservation technologies otherwise required by
this section, water conservation technologies shall be
applied to the extent that the technologies are life-cycle
cost-effective.
``(xi) Effective date.--
``(I) Determinations made after december 31, 2020.--This
subparagraph shall apply to any determination made by a
Federal agency after December 31, 2020.
``(II) Determinations made on or before december 31,
2020.--This subparagraph (as in effect on the day before the
date of enactment of the American Energy Innovation
[[Page S1533]]
Act of 2020) shall apply to any use of a certification system
for green commercial and residential buildings by a Federal
agency on or before December 31, 2020.''; and
(2) by striking subsections (c) and (d) and inserting the
following:
``(c) Periodic Review.--The Secretary shall--
``(1) once every 5 years, review the Federal building
energy standards established under this section; and
``(2) on completion of a review under paragraph (1), if the
Secretary determines that significant energy savings would
result, upgrade the standards to include all new energy
efficiency and renewable energy measures that are
technologically feasible and economically justified.''.
(c) Federal Compliance.--Section 306 of the Energy
Conservation and Production Act (42 U.S.C. 6835) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``(1) The head'' and inserting the
following:
``(1) In general.--The head''; and
(ii) by striking ``assure that new Federal buildings'' and
inserting ``ensure that new Federal buildings and Federal
buildings with major renovations''; and
(B) in paragraph (2)--
(i) by striking the second sentence and inserting the
following:
``(B) Procedures.--The Architect of the Capitol shall adopt
procedures necessary to ensure that the buildings referred to
in subparagraph (A) meet or exceed the standards described in
that subparagraph.''; and
(ii) in the first sentence--
(I) by inserting ``and Federal buildings with major
renovations'' after ``new buildings''; and
(II) by striking ``(2) The Federal'' and inserting the
following:
``(2) Applicability.--
``(A) In general.--The Federal''; and
(2) in subsection (b)--
(A) by striking the subsection heading and inserting
``Expenditures''; and
(B) by striking ``new Federal building'' and all that
follows through the period at the end and inserting ``new
Federal building or a Federal building with major
renovations.''.
SEC. 1035. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION
TECHNOLOGIES.
Section 543 of the National Energy Conservation Policy Act
(42 U.S.C. 8253) (as amended by section 1032) is amended by
adding at the end the following:
``(i) Federal Implementation Strategy for Energy-Efficient
and Energy-Saving Information Technologies.--
``(1) Definitions.--In this subsection:
``(A) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(B) Information technology.--The term `information
technology' has the meaning given that term in section 11101
of title 40, United States Code.
``(2) Development of implementation strategy.--Not later
than 1 year after the date of enactment of the American
Energy Innovation Act of 2020, each Federal agency shall
coordinate with the Director, the Secretary, and the
Administrator of the Environmental Protection Agency to
develop an implementation strategy (including best-practices
and measurement and verification techniques) for the
maintenance, purchase, and use by the Federal agency of
energy-efficient and energy-saving information technologies
at or for facilities owned and operated by the Federal
agency, taking into consideration the performance goals
established under paragraph (4).
``(3) Administration.--In developing an implementation
strategy under paragraph (2), each Federal agency shall
consider--
``(A) advanced metering infrastructure;
``(B) energy efficient data center strategies and methods
of increasing asset and infrastructure utilization;
``(C) advanced power management tools;
``(D) building information modeling, including building
energy management;
``(E) secure telework and travel substitution tools; and
``(F) mechanisms to ensure that the agency realizes the
energy cost savings of increased efficiency and utilization.
``(4) Performance goals.--
``(A) In general.--Not later than 180 days after the date
of enactment of the American Energy Innovation Act of 2020,
the Director, in consultation with the Secretary, shall
establish performance goals for evaluating the efforts of
Federal agencies in improving the maintenance, purchase, and
use of energy-efficient and energy-saving information
technology at or for facilities owned and operated by the
Federal agencies.
``(B) Best practices.--The Chief Information Officers
Council established under section 3603 of title 44, United
States Code, shall recommend best practices for the
attainment of the performance goals established under
subparagraph (A), which shall include, to the extent
applicable by law, consideration by a Federal agency of the
use of--
``(i) energy savings performance contracting; and
``(ii) utility energy services contracting.
``(5) Reports.--
``(A) Agency reports.--Each Federal agency shall include in
the report of the agency under section 527 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17143) a
description of the efforts and results of the agency under
this subsection.
``(B) OMB government efficiency reports and scorecards.--
Effective beginning not later than October 1, 2022, the
Director shall include in the annual report and scorecard of
the Director required under section 528 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17144) a
description of the efforts and results of Federal agencies
under this subsection.
``(C) Use of existing reporting structures.--The Director
may require Federal agencies to submit any information
required to be submitted under this subsection though
reporting structures in use as of the date of enactment of
the American Energy Innovation Act of 2020.''.
SEC. 1036. HIGH-PERFORMANCE GREEN FEDERAL BUILDINGS.
Section 436(h) of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17092(h)) is amended--
(1) in the subsection heading, by striking ``System'' and
inserting ``Systems'';
(2) by striking paragraph (1) and inserting the following:
``(1) In general.--Based on an ongoing review, the Federal
Director shall identify and shall provide to the Secretary
pursuant to section 305(a)(3)(D) of the Energy Conservation
and Production Act (42 U.S.C. 6834(a)(3)(D)) a list of those
certification systems that the Director identifies as the
most likely to encourage a comprehensive and environmentally
sound approach to certification of green buildings.''; and
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``system'' and inserting ``systems'';
(B) by striking subparagraph (A) and inserting the
following:
``(A) an ongoing review provided to the Secretary pursuant
to section 305(a)(3)(D) of the Energy Conservation and
Production Act (42 U.S.C. 6834(a)(3)(D)), which shall--
``(i) be carried out by the Federal Director to compare and
evaluate standards; and
``(ii) allow any developer or administrator of a rating
system or certification system to be included in the
review;'';
(C) in subparagraph (E)(v), by striking ``and'' after the
semicolon at the end;
(D) in subparagraph (F), by striking the period at the end
and inserting a semicolon; and
(E) by adding at the end the following:
``(G) a finding that, for all credits addressing the
sourcing of grown, harvested, or mined materials, the system
rewards the use of products that have obtained certifications
of responsible sourcing, such as certifications provided by
the Sustainable Forestry Initiative, the Forest Stewardship
Council, the American Tree Farm System, or the Programme for
the Endorsement of Forest Certification; and
``(H) a finding that the system incorporates life-cycle
assessment as a credit pathway.''.
SEC. 1037. ENERGY EFFICIENT DATA CENTERS.
Section 453 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17112) is amended--
(1) in subsection (b)--
(A) in paragraph (2)(D)(iv), by striking ``determined by
the organization'' and inserting ``proposed by the
stakeholders''; and
(B) by striking paragraph (3); and
(2) by striking subsections (c) through (g) and inserting
the following:
``(c) Stakeholder Involvement.--
``(1) In general.--The Secretary and the Administrator
shall carry out subsection (b) in collaboration with the
information technology industry and other key stakeholders,
with the goal of producing results that accurately reflect
the most relevant and useful information.
``(2) Considerations.--In carrying out the collaboration
described in paragraph (1), the Secretary and the
Administrator shall pay particular attention to organizations
that--
``(A) have members with expertise in energy efficiency and
in the development, operation, and functionality of data
centers, information technology equipment, and software,
including representatives of hardware manufacturers, data
center operators, and facility managers;
``(B) obtain and address input from the National
Laboratories (as that term is defined in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801)) or any
institution of higher education, research institution,
industry association, company, or public interest group with
applicable expertise;
``(C) follow--
``(i) commonly accepted procedures for the development of
specifications; and
``(ii) accredited standards development processes; or
``(D) have a mission to promote energy efficiency for data
centers and information technology.
``(d) Measurements and Specifications.--The Secretary and
the Administrator shall consider and assess the adequacy of
the specifications, measurements, best practices, and
benchmarks described in subsection (b) for use by the Federal
Energy Management Program, the Energy Star Program, and other
efficiency programs of the Department of Energy or the
Environmental Protection Agency.
``(e) Study.--
``(1) Definition of report.--In this subsection, the term
`report' means the report of the Lawrence Berkeley National
Laboratory entitled `United States Data Center Energy Usage
Report' and dated June 2016,
[[Page S1534]]
which was prepared as an update to the `Report to Congress on
Server and Data Center Energy Efficiency', published on
August 2, 2007, pursuant to section 1 of Public Law 109-431
(120 Stat. 2920).
``(2) Study.--Not later than 4 years after the date of
enactment of the American Energy Innovation Act of 2020, the
Secretary, in collaboration with the Administrator, shall
make available to the public an update to the report that
provides--
``(A) a comparison and gap analysis of the estimates and
projections contained in the report with new data regarding
the period from 2015 through 2019;
``(B) an analysis considering the impact of information
technologies, including virtualization and cloud computing,
in the public and private sectors;
``(C) an evaluation of the impact of the combination of
cloud platforms, mobile devices, social media, and big data
on data center energy usage;
``(D) an evaluation of water usage in data centers and
recommendations for reductions in that water usage; and
``(E) updated projections and recommendations for best
practices through fiscal year 2025.
``(f) Data Center Energy Practitioner Program.--
``(1) In general.--The Secretary, in collaboration with key
stakeholders and the Director of the Office of Management and
Budget, shall maintain a data center energy practitioner
program that provides for the certification of energy
practitioners qualified to evaluate the energy usage and
efficiency opportunities in federally owned and operated data
centers.
``(2) Evaluations.--Each Federal agency shall consider
having the data centers of the agency evaluated once every 4
years by energy practitioners certified pursuant to the
program, whenever practicable using certified practitioners
employed by the agency.
``(g) Open Data Initiative.--
``(1) In general.--The Secretary, in collaboration with key
stakeholders and the Director of the Office of Management and
Budget, shall establish an open data initiative relating to
energy usage at federally owned and operated data centers,
with the purpose of making the data available and accessible
in a manner that encourages further data center innovation,
optimization, and consolidation.
``(2) Consideration.--In establishing the initiative under
paragraph (1), the Secretary shall consider using the online
Data Center Maturity Model.
``(h) International Specifications and Metrics.--The
Secretary, in collaboration with key stakeholders, shall
actively participate in efforts to harmonize global
specifications and metrics for data center energy and water
efficiency.
``(i) Data Center Utilization Metric.--The Secretary, in
collaboration with key stakeholders, shall facilitate in the
development of an efficiency metric that measures the energy
efficiency of a data center (including equipment and
facilities).
``(j) Protection of Proprietary Information.--The Secretary
and the Administrator shall not disclose any proprietary
information or trade secrets provided by any individual or
company for the purposes of carrying out this section or the
programs and initiatives established under this section.''.
Subpart D--Rebates and Certifications
SEC. 1041. THIRD-PARTY CERTIFICATION UNDER ENERGY STAR
PROGRAM.
Section 324A of the Energy Policy and Conservation Act (42
U.S.C. 6294a) is amended by adding at the end the following:
``(e) Third-Party Certification.--
``(1) In general.--Subject to paragraph (2), not later than
180 days after the date of enactment of this subsection, the
Administrator shall revise the certification requirements for
the labeling of consumer, home, and office electronic
products for program partners that have complied with all
requirements of the Energy Star program for a period of at
least 18 months.
``(2) Administration.--In the case of a program partner
described in paragraph (1), the new requirements under
paragraph (1)--
``(A) shall not require third-party certification for a
product to be listed; but
``(B) may require that test data and other product
information be submitted to facilitate product listing and
performance verification for a sample of products.
``(3) Third parties.--Nothing in this subsection prevents
the Administrator from using third parties in the course of
the administration of the Energy Star program.
``(4) Termination.--
``(A) In general.--Subject to subparagraph (B), an
exemption from third-party certification provided to a
program partner under paragraph (1) shall terminate if the
program partner is found to have violated program
requirements with respect to at least 2 separate models
during a 2-year period.
``(B) Resumption.--A termination for a program partner
under subparagraph (A) shall cease if the program partner
complies with all Energy Star program requirements for a
period of at least 3 years.''.
SEC. 1042. EXTENDED PRODUCT SYSTEM REBATE PROGRAM.
(a) Definitions.--In this section:
(1) Electric motor.--The term ``electric motor'' has the
meaning given the term in section 431.12 of title 10, Code of
Federal Regulations (as in effect on the date of enactment of
this Act).
(2) Electronic control.--The term ``electronic control''
means--
(A) a power converter; or
(B) a combination of a power circuit and control circuit
included on 1 chassis.
(3) Extended product system.--The term ``extended product
system'' means an electric motor and any required associated
electronic control and driven load that--
(A) offers variable speed or multispeed operation;
(B) offers partial load control that reduces input energy
requirements (as measured in kilowatt-hours) as compared to
identified base levels set by the Secretary; and
(C)(i) has greater than 1 horsepower; and
(ii) uses an extended product system technology, as
determined by the Secretary.
(4) Qualified extended product system.--
(A) In general.--The term ``qualified extended product
system'' means an extended product system that--
(i) includes an electric motor and an electronic control;
and
(ii) reduces the input energy (as measured in kilowatt-
hours) required to operate the extended product system by not
less than 5 percent, as compared to identified base levels
set by the Secretary.
(B) Inclusions.--The term ``qualified extended product
system'' includes commercial or industrial machinery or
equipment that--
(i)(I) did not previously make use of the extended product
system prior to the redesign described in subclause (II); and
(II) incorporates an extended product system that has
greater than 1 horsepower into redesigned machinery or
equipment; and
(ii) was previously used prior to, and was placed back into
service during, calendar year 2021 or 2022.
(b) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a
program to provide rebates for expenditures made by qualified
entities for the purchase or installation of a qualified
extended product system.
(c) Qualified Entities.--
(1) Eligibility requirements.--A qualified entity under
this section shall be--
(A) in the case of a qualified extended product system
described in subsection (a)(4)(A), the purchaser of the
qualified extended product that is installed; and
(B) in the case of a qualified extended product system
described in subsection (a)(4)(B), the manufacturer of the
commercial or industrial machinery or equipment that
incorporated the extended product system into that machinery
or equipment.
(2) Application.--To be eligible to receive a rebate under
this section, a qualified entity shall submit to the
Secretary--
(A) an application in such form, at such time, and
containing such information as the Secretary may require; and
(B) a certification that includes demonstrated evidence--
(i) that the entity is a qualified entity; and
(ii)(I) in the case of a qualified entity described in
paragraph (1)(A)--
(aa) that the qualified entity installed the qualified
extended product system during the 2 fiscal years following
the date of enactment of this Act;
(bb) that the qualified extended product system meets the
requirements of subsection (a)(4)(A); and
(cc) showing the serial number, manufacturer, and model
number from the nameplate of the installed motor of the
qualified entity on which the qualified extended product
system was installed; or
(II) in the case of a qualified entity described in
paragraph (1)(B), demonstrated evidence--
(aa) that the qualified extended product system meets the
requirements of subsection (a)(4)(B); and
(bb) showing the serial number, manufacturer, and model
number from the nameplate of the installed motor of the
qualified entity with which the extended product system is
integrated.
(d) Authorized Amount of Rebate.--
(1) In general.--The Secretary may provide to a qualified
entity a rebate in an amount equal to the product obtained by
multiplying--
(A) an amount equal to the sum of the nameplate rated
horsepower of--
(i) the electric motor to which the qualified extended
product system is attached; and
(ii) the electronic control; and
(B) $25.
(2) Maximum aggregate amount.--A qualified entity shall not
be entitled to aggregate rebates under this section in excess
of $25,000 per calendar year.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for
each of the first 2 full fiscal years following the date of
enactment of this Act, to remain available until expended.
SEC. 1043. ENERGY EFFICIENT TRANSFORMER REBATE PROGRAM.
(a) Definitions.--In this section:
(1) Qualified energy efficient transformer.--The term
``qualified energy efficient transformer'' means a
transformer that meets or exceeds the applicable energy
conservation standards described in the tables in subsection
(b)(2) and paragraphs (1) and (2) of subsection (c) of
section 431.196 of title 10, Code of Federal Regulations (as
in effect on the date of enactment of this Act).
(2) Qualified energy inefficient transformer.--The term
``qualified energy inefficient transformer'' means a
transformer with an equal number of phases and capacity
[[Page S1535]]
to a transformer described in any of the tables in subsection
(b)(2) and paragraphs (1) and (2) of subsection (c) of
section 431.196 of title 10, Code of Federal Regulations (as
in effect on the date of enactment of this Act) that--
(A) does not meet or exceed the applicable energy
conservation standards described in paragraph (1); and
(B)(i) was manufactured between January 1, 1987, and
December 31, 2008, for a transformer with an equal number of
phases and capacity as a transformer described in the table
in subsection (b)(2) of section 431.196 of title 10, Code of
Federal Regulations (as in effect on the date of enactment of
this Act); or
(ii) was manufactured between January 1, 1992, and December
31, 2011, for a transformer with an equal number of phases
and capacity as a transformer described in the table in
paragraph (1) or (2) of subsection (c) of that section (as in
effect on the date of enactment of this Act).
(3) Qualified entity.--The term ``qualified entity'' means
an owner of industrial or manufacturing facilities,
commercial buildings, or multifamily residential buildings, a
utility, or an energy service company that fulfills the
requirements of subsection (d).
(b) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall establish a
program to provide rebates to qualified entities for
expenditures made by the qualified entity for the replacement
of a qualified energy inefficient transformer with a
qualified energy efficient transformer.
(c) Requirements.--To be eligible to receive a rebate under
this section, an entity shall submit to the Secretary an
application in such form, at such time, and containing such
information as the Secretary may require, including
demonstrated evidence--
(1) that the entity purchased a qualified energy efficient
transformer;
(2) of the core loss value of the qualified energy
efficient transformer;
(3) of the age of the qualified energy inefficient
transformer being replaced;
(4) of the core loss value of the qualified energy
inefficient transformer being replaced--
(A) as measured by a qualified professional or verified by
the equipment manufacturer, as applicable; or
(B) for transformers described in subsection (a)(2)(B)(i),
as selected from a table of default values as determined by
the Secretary in consultation with applicable industry; and
(5) that the qualified energy inefficient transformer has
been permanently decommissioned and scrapped.
(d) Authorized Amount of Rebate.--The amount of a rebate
provided under this section shall be--
(1) for a 3-phase or single-phase transformer with a
capacity of not less than 10 and not greater than 2,500
kilovolt-amperes, twice the amount equal to the difference in
Watts between the core loss value (as measured in accordance
with paragraphs (2) and (4) of subsection (c)) of--
(A) the qualified energy inefficient transformer; and
(B) the qualified energy efficient transformer; or
(2) for a transformer described in subsection (a)(2)(B)(i),
the amount determined using a table of default rebate values
by rated transformer output, as measured in kilovolt-amperes,
as determined by the Secretary in consultation with
applicable industry.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2021 and 2022, to remain available until
expended.
(f) Termination of Effectiveness.--The authority provided
by this section terminates on December 31, 2022.
Subpart E--Miscellaneous
SEC. 1051. STATE ENERGY CONSERVATION PLANS.
Section 362(d) of the Energy Policy and Conservation Act
(42 U.S.C. 6322(d)) is amended by striking paragraph (3) and
inserting the following:
``(3) programs to increase transportation energy
efficiency, including programs to help reduce carbon
emissions in the transportation sector and accelerate the use
of alternative transportation fuels for and electrification
of State government vehicles, fleet vehicles, taxis and
ridesharing services, mass transit, school buses, and
privately owned passenger and medium- and heavy-duty
vehicles;''.
SEC. 1052. REPORT ON ELECTROCHROMIC GLASS.
(a) Definition of Electrochromic Glass.--In this section,
the term ``electrochromic glass'' means glass that uses
electricity to change the light transmittance properties of
the glass to heat or cool a structure.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in collaboration with
the heads of other relevant agencies, shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report that addresses the benefits of
electrochromic glass, including the following:
(1) Reductions in energy consumption in commercial
buildings, especially peak cooling load reduction and annual
energy bill savings.
(2) Benefits in the workplace, especially visual comfort
and employee health.
(3) Benefits of natural light in hospitals for patients and
staff, especially accelerated patient healing and recovery
time.
SEC. 1053. ADVANCE APPROPRIATIONS REQUIRED.
The authorization of amounts under this part and the
amendments made by this part shall be effective for any
fiscal year only to the extent and in the amount provided in
advance in appropriations Acts.
PART II--WEATHERIZATION
SEC. 1101. WEATHERIZATION ASSISTANCE PROGRAM.
(a) Definition of Weatherization Materials.--Section
412(9)(J) of the Energy Conservation and Production Act (42
U.S.C. 6862(9)(J)) is amended--
(1) by inserting ``, including renewable energy
technologies and other advanced technologies,'' after
``technologies''; and
(2) by striking ``Development,'' and all that follows
through the period at the end and inserting ``Development and
the Secretary of Agriculture.''.
(b) Allowance for Health and Safety Benefits.--Section
413(b) of the Energy Conservation and Production Act (42
U.S.C. 6863(b)) is amended--
(1) in paragraph (2)(B), by striking ``paragraph (5)'' and
inserting ``paragraph (6)'';
(2) in paragraph (3)--
(A) in the first sentence, by striking ``and with the
Director of the Community Services Administration''; and
(B) in the first sentence of the undesignated matter
following subparagraph (C)--
(i) by striking ``part,'' and inserting ``part and by'';
and
(ii) by striking ``, and the Director'' and all that
follows through ``1964'';
(3) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively; and
(4) by inserting after paragraph (4) the following:
``(5) In carrying out paragraph (3), the Secretary may take
into consideration evidence-based values for improvements in
the health and safety of occupants of weatherized homes, and
other non-energy benefits, as determined by the Secretary.''.
(c) Contractor Optimization.--
(1) Technical transfer grants.--Section 414B(a)(4) of the
Energy Conservation and Production Act (42 U.S.C.
6864b(a)(4)) is amended--
(A) by striking ``for persons'' and inserting the
following: ``for--
``(A) persons''; and
(B) in subparagraph (A) (as so designated), by striking the
period at the end and inserting the following: ``; and
``(B) private entities that are contracted to provide
weatherization assistance under this part, in accordance with
rules determined by the Secretary.''.
(2) Contractor optimization.--The Energy Conservation and
Production Act is amended by inserting after section 414B (42
U.S.C. 6864b) the following:
``SEC. 414C. CONTRACTOR OPTIMIZATION.
``The Secretary may request that entities receiving funding
from the Federal Government or from a State through a
weatherization assistance program under section 413 or 414--
``(1) perform periodic reviews of the use of private
contractors in the provision of weatherization assistance, if
applicable; and
``(2) encourage an increased use and expanded role of
contractors as appropriate.''.
(3) Table of contents amendment.--The table of contents for
the Energy Conservation and Production Act (Public Law 94-
385; 90 Stat. 1125) is amended by inserting after the item
relating to section 414B the following:
``Sec. 414C. Contractor optimization.''.
(d) Financial Assistance for WAP Enhancement and
Innovation.--
(1) In general.--The Energy Conservation and Production Act
(Public Law 94-385; 90 Stat. 1125) is amended by inserting
after section 414C (as added by subsection (c)(2)) the
following:
``SEC. 414D. FINANCIAL ASSISTANCE FOR WAP ENHANCEMENT AND
INNOVATION.
``(a) Purposes.--The purposes of this section are--
``(1) to expand the number of dwelling units that are
occupied by low-income persons that receive weatherization
assistance under this section by making those dwelling units
weatherization-ready;
``(2) to promote the deployment of renewable energy in
dwelling units that are occupied by low-income persons;
``(3) to ensure healthy indoor environments by enhancing or
expanding health and safety measures and resources available
to dwellings that are occupied by low-income persons;
``(4) to disseminate new methods and best practices among
eligible entities providing weatherization assistance under
this section; and
``(5) to encourage eligible entities providing
weatherization assistance to hire and retain employees who
are individuals--
``(A) from the community in which the assistance is
provided; and
``(B) from communities or groups underrepresented in the
home energy performance workforce.
``(b) Definition of Eligible Entity.--In this section, the
term `eligible entity' means--
``(1) an entity receiving funding from the Federal
Government or from a State, Tribal,
[[Page S1536]]
or local government through a weatherization assistance
program under section 413 or 414; and
``(2) a nonprofit organization.
``(c) Financial Assistance Awards.--The Secretary shall, to
the extent funds are made available, award financial
assistance on an annual basis through a competitive process
to an eligible entity--
``(1) with respect to dwelling units that are occupied by
low-income persons--
``(A) to implement measures to make those dwelling units
weatherization-ready, including by addressing structural,
plumbing, roofing, and electrical issues, environmental
hazards, and other issues that the Secretary determines to be
appropriate;
``(B) to install energy efficiency technologies, including
home energy management systems, smart devices, and other
technologies the Secretary determines to be appropriate;
``(C) to install renewable energy systems (as defined in
section 415(c)(6)(A)); and
``(D) to implement measures to ensure healthy indoor
environments by improving indoor air quality, accessibility,
and other healthy home measures, as determined by the
Secretary;
``(2) to improve the capability of the eligible entity--
``(A) to significantly increase the number of energy
retrofits performed by the eligible entity;
``(B) to replicate best practices for work performed under
this section on a larger scale;
``(C) to leverage additional funds to sustain the provision
of weatherization assistance and other work performed under
this section after the financial assistance awarded under
this section is expended; and
``(D) to hire and retain employees described in subsection
(a)(5);
``(3) for innovative outreach and education regarding the
benefits and availability of weatherization assistance and
other assistance available under this section;
``(4) for quality control of work performed under this
section;
``(5) for data collection, measurement, and verification
with respect to that work;
``(6) for program monitoring, oversight, evaluation, and
reporting of that work;
``(7) for labor, training, and technical assistance
relating to that work;
``(8) subject to subsection (g)(2), for planning,
management, and administration of that work; and
``(9) for any other appropriate activity, as determined by
the Secretary.
``(d) Applications.--To be eligible for an award of
financial assistance under this section, an eligible entity
shall submit to the Secretary an application in such manner
and containing such information as the Secretary may require.
``(e) Award Factors.--In awarding financial assistance
under this section, the Secretary shall consider--
``(1) the record of the eligible entity, using the most
recent year for which data are available, in constructing,
renovating, repairing, and making energy efficient single-
family, multifamily, or manufactured homes that are occupied
by low-income persons, either directly or through affiliates,
chapters, or other partners;
``(2) the number of dwelling units occupied by low-income
persons that the eligible entity has built, renovated,
repaired, weatherized, and made more energy efficient in the
5 years immediately preceding the date on which the eligible
entity submits an application under subsection (d);
``(3) the qualifications, experience, and past performance
of the eligible entity, including experience successfully
managing and administering Federal funds;
``(4) the strength of the proposal of the eligible entity
to achieve one or more of the purposes described in
subsection (a);
``(5) the extent to which the eligible entity will use
partnerships and regional coordination to achieve one or more
of the purposes described in subsection (a);
``(6) regional and climate zone diversity;
``(7) urban, suburban, and rural localities; and
``(8) any other appropriate factor, as determined by the
Secretary.
``(f) First Award.--Subject to the availability of
appropriations, not later than 270 days after the date of
enactment of this section, the Secretary shall make a first
award of financial assistance under this section.
``(g) Amount and Term.--
``(1) Maximum amount.--The total amount of financial
assistance awarded to an eligible entity under this section
shall not exceed $2,000,000.
``(2) Planning, management, and administration.--Of the
amount awarded to an eligible entity under this section, not
more than 15 percent may be used by the eligible entity for
the purpose described in subsection (c)(8).
``(3) Technical and training assistance.--The total amount
of financial assistance awarded to an entity under this
section shall be reduced by the cost of any technical and
training assistance provided by the Secretary under this
section that relates to that financial assistance.
``(4) Term.--The term of an award of financial assistance
under this section shall not exceed 3 years.
``(5) Relationship to formula grants.--An eligible entity
may use financial assistance awarded under this section in
conjunction with other financial assistance provided to the
eligible entity under this part.
``(h) Guidance.--Not later than 90 days after the date of
enactment of this section, the Secretary shall issue guidance
on implementing this section, which shall include, with
respect to eligible entities awarded financial assistance
under this section--
``(1) standards for allowable expenditures;
``(2) a minimum saving-to-investment ratio; and
``(3) standards for--
``(A) training programs;
``(B) energy audits;
``(C) the provision of technical assistance;
``(D) monitoring activities carried out using the financial
assistance;
``(E) verification of energy and cost savings;
``(F) liability insurance requirements; and
``(G) recordkeeping and reporting requirements, which shall
include reporting to the Office of Weatherization and
Intergovernmental Programs of the Department of Energy
applicable data on each dwelling unit retrofitted or
otherwise assisted by the eligible entity using the financial
assistance.
``(i) Compliance With State and Local Law.--Nothing in this
section supersedes or modifies any State or local law to the
extent that the State or local law is more stringent than
this section.
``(j) Review and Evaluation.--The Secretary shall review
and evaluate the performance of each eligible entity that
receives an award of financial assistance under this section,
which may include an audit.
``(k) Annual Report.--The Secretary shall submit to the
relevant committees of Congress an annual report that
describes--
``(1) the actions taken by the Secretary and eligible
entities awarded financial assistance under this section to
achieve the purposes of this section during the year covered
by the report; and
``(2) the energy and cost savings, and any other
accomplishments, achieved under this section during the year
covered by the report.
``(l) Funding.--
``(1) In general.--Subject to paragraphs (2) and (3), for
each of fiscal years 2021 through 2025, of the amount
appropriated under section 422--
``(A) if the amount is not more than $225,000,000, no funds
shall be used to carry out this section;
``(B) if the amount is not more than $260,000,000, not more
than 2 percent of that amount may be used to carry out this
section;
``(C) if the amount is not more than $300,000,000, not more
than 4 percent of that amount may be used to carry out this
section; and
``(D) if the amount is more than $300,000,000, not more
than 6 percent of that amount may be used to carry out this
section.
``(2) Amounts excluded.--Each amount described in paragraph
(1) shall not include the amount made available for
Department of Energy headquarters training or technical
assistance.
``(3) Maximum amount.--The maximum amount used to carry out
this section in each fiscal year shall not exceed
$25,000,000.''.
(2) Table of contents.--The table of contents for the
Energy Conservation and Production Act (Public Law 94-385; 90
Stat. 1125) is amended by inserting after the item relating
to section 414C (as added by subsection (c)(3)) the
following:
``Sec. 414D. Financial assistance for WAP enhancement and
innovation.''.
(e) Increase in Administrative Funds.--Section 415(a)(1) of
the Energy Conservation and Production Act (42 U.S.C.
6865(a)(1)) is amended by striking ``10 percent'' and
inserting ``15 percent''.
(f) Reweatherization Date.--Section 415(c) of the Energy
Conservation and Production Act (42 U.S.C. 6865(c)) is
amended by striking paragraph (2) and inserting the
following:
``(2) Further assistance.--
``(A) Definition of interim service.--
``(i) In general.--In this paragraph, the term `interim
service' means an energy service that takes place between
instances of weatherization or partial weatherization of a
dwelling unit, as determined by the Secretary.
``(ii) Inclusion.--In this paragraph, the term `interim
service' includes--
``(I) the provision of energy information and education to
assist with energy management;
``(II) an evaluation of the effectiveness of installed
weatherization measures; and
``(III) the provision of services, equipment, or other
measures funded by non-Federal funds, as determined by the
Secretary.
``(B) Further assistance.--Dwelling units weatherized or
partially weatherized under this part, or under other Federal
programs--
``(i) may not receive further financial assistance for
weatherization under this part until the date that is 15
years after the date on which the previous weatherization was
completed; and
``(ii) may receive further financial assistance for
weatherization under this part for the purpose of providing
an interim service.''.
(g) Timing for Distribution of Financial Assistance.--
Section 417(d) of the Energy Conservation and Production Act
(42 U.S.C. 6867(d)) is amended--
(1) by striking ``(d) Payments'' and inserting the
following:
``(d) Method and Timing of Payments.--
[[Page S1537]]
``(1) In general.--Subject to paragraph (2), any
payments''; and
(2) by adding at the end the following:
``(2) Timing.--Notwithstanding any other provision of law
(including regulations), not later than 60 days after the
date on which funds have been made available to provide
assistance under this part, the Secretary shall distribute to
the applicable recipient the full amount of assistance to be
provided to the recipient under this part for the fiscal
year.''.
(h) Annual Report.--Section 421 of the Energy Conservation
and Production Act (42 U.S.C. 6871) is amended in the second
sentence by inserting ``the number of multifamily buildings
in which individual dwelling units were weatherized during
the previous year, the number of individual dwelling units in
multifamily buildings weatherized during the previous year,''
after ``the average size of the dwellings being
weatherized,''.
(i) Reauthorization of WAP.--Section 422 of the Energy
Conservation and Production Act (42 U.S.C. 6872) is amended
in the matter preceding paragraph (1) by striking
``appropriated'' and all that follows through ``2012..'' in
paragraph (5) and inserting ``appropriated $350,000,000 for
each of fiscal years 2021 through 2025.''.
(j) Waiver Study.--
(1) In general.--It is the sense of Congress that, to the
maximum extent practicable, the Secretary should coordinate
with the Director of the Office of Management and Budget to
grant waivers of requirements under section 200.313 of title
2, Code of Federal Regulations (or successor regulations), to
better leverage private sector funds for the purposes of
using funding awarded under the Weatherization Assistance
Program for Low-Income Persons established under part A of
title IV of the Energy Conservation and Production Act (42
U.S.C. 6861 et seq.).
(2) Study.--Not more than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
relevant committees of Congress a report that describes--
(A) each waiver that has been requested under paragraph (1)
after September 30, 2010; and
(B) the determination of the Secretary and the Director of
the Office of Management and Budget regarding each waiver
described in subparagraph (A).
Subtitle B--Renewable Energy
SEC. 1201. HYDROELECTRIC PRODUCTION INCENTIVES AND EFFICIENCY
IMPROVEMENTS.
(a) Hydroelectric Production Incentives.--Section 242 of
the Energy Policy Act of 2005 (42 U.S.C. 15881) is amended--
(1) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1) Qualified hydroelectric facility.--The term
`qualified hydroelectric facility' means a turbine or other
generating device owned or solely operated by a non-Federal
entity--
``(A) that generates hydroelectric energy for sale; and
``(B)(i) that is added to an existing dam or conduit; or
``(ii)(I) that has a generating capacity of not more than
20 megawatts;
``(II) for which the non-Federal entity has received a
construction authorization from the Federal Energy Regulatory
Commission, if applicable; and
``(III) that is constructed in an area in which there is
inadequate electric service, as determined by the Secretary,
including by taking into consideration--
``(aa) access to the electric grid;
``(bb) the frequency of electric outages; or
``(cc) the affordability of electricity.'';
(2) in subsection (c), by striking ``10'' and inserting
``22'';
(3) in subsection (e)(2), by striking ``section
29(d)(2)(B)'' and inserting ``section 45K(d)(2)(B)'';
(4) in subsection (f), by striking ``20'' and inserting
``32''; and
(5) in subsection (g), by striking ``each of the fiscal
years 2006 through 2015'' and inserting ``each of fiscal
years 2021 through 2036''.
(b) Hydroelectric Efficiency Improvement.--Section 243(c)
of the Energy Policy Act of 2005 (42 U.S.C. 15882(c)) is
amended by striking ``each of the fiscal years 2006 through
2015'' and inserting ``each of fiscal years 2021 through
2036''.
SEC. 1202. MARINE ENERGY RESEARCH AND DEVELOPMENT.
(a) Purpose.--The purpose of this section is to support
marine energy programs that--
(1) promote research on, and the development of, increased
energy generation and capacity at reduced costs;
(2) promote research and development activities that
improve environmental outcomes of marine energy technologies;
(3) provide grid stability and create new market
opportunities; and
(4) promote job creation in the energy sector.
(b) Definition of Marine Energy.--
(1) In general.--Section 632 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17211) is amended to read as
follows:
``SEC. 632. DEFINITION OF MARINE ENERGY.
``In this subtitle, the term `marine energy' means energy
from--
``(1) waves, tides, and currents in oceans, estuaries, and
tidal areas;
``(2) free-flowing hydrokinetic water in rivers, lakes, and
streams;
``(3) free-flowing hydrokinetic water in man-made channels;
and
``(4) differentials in ocean temperature or ocean thermal
energy conversion.''.
(2) Conforming edits.--
(A) The subtitle heading for subtitle C of title VI of the
Energy Independence and Security Act of 2007 (Public Law 110-
440; 121 Stat. 1686) is amended by striking ``and
Hydrokinetic Renewable''.
(B) Section 631 of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17001 note; 121 Stat. 1686) is amended by
striking ``and Hydrokinetic Renewable''.
(c) Marine Energy Research and Development.--Section 633 of
the Energy Independence and Security Act of 2007 (42 U.S.C.
17212) is amended to read as follows:
``SEC. 633. MARINE ENERGY RESEARCH AND DEVELOPMENT.
``(a) In General.--The Secretary, acting through the
Director of the Water Power Technologies Office, in
consultation with the Secretary of the Interior, the
Secretary of Commerce, and the Federal Energy Regulatory
Commission, shall carry out a program to accelerate the
introduction of marine energy production into the United
States energy supply, giving priority to technologies most
likely to lead to commercial utilization, while fostering
accelerated research, development, demonstration, and
commercial application of technology, including programs--
``(1) to assist technology development on a variety of
scales, including full-scale prototypes, to improve the
components, processes, and systems used for power generation
from marine energy resources;
``(2) to establish and expand critical testing
infrastructure and facilities necessary--
``(A) to cost-effectively and efficiently test and prove
marine energy devices; and
``(B) to accelerate the technological readiness and
commercialization of those devices;
``(3) to support efforts to increase the efficiency of
energy conversion, lower the cost, increase the use, improve
the reliability, and demonstrate the applicability of marine
energy technologies by participating in demonstration
projects;
``(4) to investigate variability issues and the efficient
and reliable integration of marine energy with the utility
grid;
``(5) to identify and study critical short- and long-term
needs to create a sustainable marine energy supply chain
based in the United States;
``(6) to increase the reliability and survivability of
marine energy technologies;
``(7) to verify the performance, reliability,
maintainability, and cost of new marine energy device designs
and system components in an operating environment;
``(8) to consider the protection of critical
infrastructure, such as adequate separation between marine
energy devices and projects and submarine telecommunications
cables, including consideration of established industry
standards;
``(9)(A) to coordinate the programs carried out under this
section with, and avoid duplication of activities across,
programs of the Department and other applicable Federal
agencies, including National Laboratories; and
``(B) to coordinate public-private collaboration in
carrying out the programs under this section;
``(10) to identify opportunities for joint research and
development programs and the development of economies of
scale between--
``(A) marine energy technologies; and
``(B) other renewable energy and fossil energy programs,
offshore oil and gas production activities, and activities of
the Department of Defense;
``(11) to identify, in conjunction with the Secretary of
Commerce, acting through the Under Secretary of Commerce for
Oceans and Atmosphere, and other relevant Federal agencies as
appropriate, the potential environmental impacts, including
potential impacts on fisheries and other marine resources, of
marine energy technologies, measures to prevent adverse
impacts, and technologies and other means available for
monitoring and determining environmental impacts;
``(12) to identify, in conjunction with the Secretary of
the Department in which the United States Coast Guard is
operating, acting through the Commandant of the United States
Coast Guard, the potential navigational impacts of marine
energy technologies and measures to prevent adverse impacts
on navigation;
``(13) to support in-water technology development with
international partners using existing cooperative procedures
(including memoranda of understanding)--
``(A) to allow cooperative funding and other support of
value to be exchanged and leveraged; and
``(B) to encourage international research centers and
international companies to participate in the development of
marine energy technology in the United States and to
encourage United States research centers and companies to
participate in marine energy projects abroad; and
``(14) to assist in the development of technology necessary
to support the use of marine energy--
``(A) for the generation and storage of power at sea,
including in applications relating to--
``(i) ocean observation and navigation;
``(ii) underwater vehicle charging;
``(iii) marine aquaculture;
``(iv) production of marine algae; and
``(v) extraction of critical minerals and gasses from
seawater;
[[Page S1538]]
``(B) for the generation and storage of power to promote
the resilience of coastal communities, including in
applications relating to--
``(i) desalination;
``(ii) disaster recovery and resilience; and
``(iii) community microgrids in isolated power systems; and
``(C) in any other applications, as determined by the
Secretary.
``(b) Cost Sharing and Merit Review.--The Secretary shall
carry out the program under this section in accordance with
sections 988 and 989 of the Energy Policy Act of 2005 (42
U.S.C. 16352, 16353).''.
(d) National Marine Energy Centers.--Section 634 of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17213) is amended--
(1) in the section heading, by striking ``renewable energy
research, development, and demonstration'' and inserting
``energy'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by striking subsections (a) and (b) and inserting the
following:
``(a) Centers.--
``(1) In general.--The Secretary shall award grants to
institutions of higher education for--
``(A) the continuation and expansion of research,
development, and testing activities at National Marine Energy
Centers established as of January 1, 2019; and
``(B) the establishment of new National Marine Energy
Centers.
``(2) Criteria.--In selecting locations for new National
Marine Energy Centers to be established under paragraph
(1)(B), the Secretary shall consider sites that meet one of
the following criteria:
``(A) The new Center hosts an existing marine energy
research and development program in coordination with an
engineering program at an institution of higher education.
``(B) The new Center has proven expertise to support
environmental and policy-related issues associated with the
harnessing of energy in the marine environment.
``(C) The new Center has access to and uses marine
resources.
``(b) Purposes.--The National Marine Energy Centers shall
coordinate with other National Marine Energy Centers, the
Department, and the National Laboratories--
``(1) to advance research, development, and demonstration
of marine energy technologies;
``(2) to support in-water testing and demonstration of
marine energy technologies, including facilities capable of
testing--
``(A) marine energy systems of various technology readiness
levels and scales;
``(B) a variety of technologies in multiple test berths at
a single location; and
``(C) arrays of technology devices; and
``(3) to serve as information clearinghouses for the marine
energy industry by collecting and disseminating information
on best practices in all areas relating to developing and
managing marine energy resources and energy systems.
``(c) Cost Sharing.--The Secretary shall carry out the
program under this section in accordance with section
988(b)(4) of the Energy Policy Act of 2005 (42 U.S.C.
16352(b)(4)).''.
(e) Authorization of Appropriations.--Section 636 of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17215) is amended by striking ``$50,000,000 for each of the
fiscal years 2008 through 2012'' and inserting ``$160,000,000
for each of fiscal years 2021 and 2022''.
(f) Study of Energy Innovation in Marine Transportation and
Infrastructure Resilience.--
(1) In general.--The Secretary, in consultation with the
Secretary of Transportation and the Secretary of Commerce,
shall conduct a study to examine opportunities for research
and development in advanced marine energy technologies--
(A) to support the maritime transportation sector to
enhance job creation, economic development, and
competitiveness;
(B) to support associated maritime energy infrastructure,
including infrastructure that serves ports, to improve system
resilience and disaster recovery; and
(C) to enable scientific missions at sea and in extreme
environments, including the Arctic.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Science, Space, and Technology of the House
of Representatives a report that describes the results of the
study conducted under paragraph (1).
(g) Clerical Amendments.--The table of contents in section
1(b) of the Energy Independence and Security Act of 2007
(Public Law 110-140; 121 Stat. 1495) is amended--
(1) by striking the item relating to subtitle C of title VI
and inserting the following:
``Subtitle C--Marine Renewable Energy Technologies''; and
(2) by striking the items relating to sections 632, 633,
and 634 and inserting the following:
``Sec. 632. Definition of marine energy.
``Sec. 633. Marine energy research and development.
``Sec. 634. National Marine Energy Centers.''.
SEC. 1203. ADVANCED GEOTHERMAL INNOVATION LEADERSHIP.
(a) Update to Geothermal Resource Assessment.--Section 2501
of the Energy Policy Act of 1992 (30 U.S.C. 1028) is
amended--
(1) by redesignating subsections (a) and (b) as subsections
(b) and (d), respectively;
(2) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Definition of Enhanced Geothermal Systems.--In this
section, the term `enhanced geothermal systems' has the
meaning given the term in section 612 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17191).'';
(3) by inserting after subsection (b) (as so redesignated)
the following:
``(c) Update to Geothermal Resource Assessment.--The
Secretary of the Interior, acting through the United States
Geological Survey, and in consultation with the Secretary of
Energy, shall update the 2008 United States geothermal
resource assessment carried out by the United States
Geological Survey, including--
``(1) with respect to areas previously identified by the
Department of Energy or the United States Geological Survey
as having significant potential for hydrothermal energy or
enhanced geothermal systems energy, by focusing on--
``(A) improving the resolution of resource potential at
systematic temperatures and depths, including temperatures
and depths appropriate for power generation and direct use
applications;
``(B) quantifying the total potential to coproduce
geothermal energy and minerals;
``(C) incorporating data relevant to underground thermal
energy storage and exchange, such as aquifer and soil
properties; and
``(D) producing high resolution maps, including--
``(i) maps that indicate key subsurface parameters for
electric and direct use resources; and
``(ii) risk maps for induced seismicity based on geologic,
geographic, and operational parameters; and
``(2) to the maximum extent practicable, by coordinating
with relevant State officials and institutions of higher
education to expand geothermal assessments, including
enhanced geothermal systems assessments, to include
assessments for the Commonwealth of Puerto Rico and the
States of Alaska and Hawaii.''; and
(4) in subsection (d) (as so redesignated), by striking
``necesary'' and inserting ``necessary''.
(b) General Geothermal Research and Development Programs.--
Section 614 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17193) is amended by adding at the end the
following:
``(d) Oil and Gas Technology Transfer Initiative.--
``(1) In general.--The Secretary shall support an
initiative among the Office of Fossil Energy, the Office of
Energy Efficiency and Renewable Energy, and the private
sector to modify, improve, and demonstrate the use in
geothermal energy development of relevant advanced
technologies and operation techniques used in the oil and gas
sector.
``(2) Priorities.--In carrying out paragraph (1), the
Secretary shall prioritize technologies with the greatest
potential to significantly increase the use and lower the
cost of geothermal energy in the United States, including the
cost and speed of small- and large-scale geothermal drilling.
``(e) Coproduction of Geothermal Energy and Minerals
Production Prize Competition.--
``(1) In general.--The Secretary shall carry out a prize
competition under which the Secretary shall award prizes to
demonstrate the coproduction of critical minerals (as defined
by the Secretary of the Interior on the date of enactment of
the American Energy Innovation Act of 2020) from geothermal
resources.
``(2) Requirements.--A demonstration awarded a prize under
paragraph (1) shall--
``(A) improve the cost-effectiveness of removing minerals
from geothermal brines as part of the coproduction process;
``(B) increase recovery rates of the targeted mineral
commodity;
``(C) decrease water use and other environmental impacts,
as determined by the Secretary; and
``(D) demonstrate a path to commercial viability.
``(3) Maximum prize amount.--The maximum amount of a prize
awarded under paragraph (1) shall be $10,000,000.
``(f) Drilling Data Repository.--
``(1) In general.--The Secretary shall, in coordination
with the Secretary of the Interior, establish and operate a
voluntary, industry-wide repository of geothermal drilling
information to lower the cost of future geothermal drilling.
``(2) Repository.--
``(A) In general.--In carrying out paragraph (1), the
Secretary shall collaborate with geothermally significant
countries, such as Iceland, Switzerland, Kenya, Australia,
the Philippines, and any other relevant country, as
determined by the Secretary.
``(B) Data system.--The repository established under
paragraph (1) shall be integrated with the National
Geothermal Data System.''.
(c) Enhanced Geothermal Research and Development.--
(1) Definition of engineered.--Section 612(1) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17191(1)) is
amended in the matter preceding subparagraph (A)
[[Page S1539]]
by striking ``subjected to intervention, including
intervention'' and inserting ``designed to access subsurface
heat, including nonstimulation technologies,''.
(2) Programs.--Section 615(b) of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17194(b)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking ``mapping'' and
inserting ``and fracture mapping, including real-time
modeling'';
(ii) in subparagraph (E), by striking ``and'' at the end;
(iii) by redesignating subparagraph (F) as subparagraph
(K); and
(iv) by inserting after subparagraph (E) the following:
``(F) well placement and orientation;
``(G) long-term reservoir management;
``(H) drilling technologies, methods, and tools;
``(I) improved exploration tools;
``(J) zonal isolation; and''; and
(B) by striking paragraph (2) and inserting the following:
``(2) Frontier observatories for research in geothermal
energy.--
``(A) Program.--The Secretary shall support 2 field
research sites, which shall each be known as a `Frontier
Observatory for Research in Geothermal Energy' or `FORGE'
site, to develop, test, and enhance techniques and tools for
enhanced geothermal energy.
``(B) Site selection.--Of the FORGE sites referred to in
subparagraph (A)--
``(i) 1 shall be the existing research site in Milford,
Utah; and
``(ii) 1 shall be--
``(I) selected by the Secretary through a competitive
selection process; and
``(II) located in a different geologic type than the
existing research site described in clause (i).
``(C) Site operation.--
``(i) Initial duration.--The FORGE site selected under
subparagraph (B)(ii) shall operate for an initial term of not
more than 7 years after the date on which site preparation is
complete.
``(ii) Performance metrics.--The Secretary shall establish
performance metrics for each FORGE site supported under this
paragraph, which may be used by the Secretary to determine
whether a FORGE site should continue to receive funding.
``(D) Additional terms.--
``(i) In general.--At the end of an operational term
described in clause (ii), a FORGE site may--
``(I) be transferred to other public or private entities
for further enhanced geothermal testing; or
``(II) subject to appropriations and a merit review by the
Secretary, operate for an additional term of not more than 7
years.
``(ii) Operational term described.--An operational term
referred to in clause (i)--
``(I) in the case of the FORGE site designated under
subparagraph (B)(i), is the existing operational term; and
``(II) in the case of the FORGE site selected under
subparagraph (B)(ii), is the initial term under subparagraph
(C) or an additional term under clause (i)(II).
``(3) Enhanced geothermal systems demonstrations.--
``(A) In general.--Beginning on the date of enactment of
the American Energy Innovation Act of 2020, the Secretary, in
collaboration with industry partners and institutions of
higher education, shall support an initiative for
demonstration of enhanced geothermal systems for power
production or direct use.
``(B) Projects.--
``(i) In general.--Under the initiative described in
subparagraph (A), not less than 4 demonstration projects
shall be carried out in locations that are potentially
commercially viable for enhanced geothermal systems
development, as determined by the Secretary.
``(ii) Requirements.--Demonstration projects under clause
(i) shall--
``(I) collectively demonstrate--
``(aa) different geologic settings, such as hot sedimentary
aquifers, layered geologic systems, supercritical systems,
and basement rock systems; and
``(bb) a variety of development techniques, including open
hole and cased hole completions, differing well orientations,
and stimulation mechanisms;
``(II) to the extent practicable, use existing sites where
subsurface characterization or geothermal energy integration
analysis has been conducted; and
``(III) each be carried out in accordance with section 988
of the Energy Policy Act of 2005 (42 U.S.C. 16352).
``(iii) Eastern demonstration.--Not less than 1
demonstration project under clause (i) shall be located in an
area east of the Mississippi River that is suitable for
enhanced geothermal demonstration for power, heat, or a
combination of power and heat.
``(C) Optional program structure.--
``(i) In general.--The Secretary may, pursuant to section
646(g) of the Department of Energy Organization Act (42
U.S.C. 7256(g)), structure the initiative described in
subparagraph (A) as a public-private cost-shared
demonstration initiative with specific design milestones
required to be met by a participant before costs are
reimbursed by the Secretary.
``(ii) Requirements.--If the Secretary elects to carry out
clause (i) for a demonstration project, the Secretary shall--
``(I) request proposals from eligible entities, as
determined by the Secretary, that include--
``(aa) a business plan;
``(bb) technical details; and
``(cc) proposed milestones and associated payments; and
``(II) select projects--
``(aa) based on the demonstrated ability of the eligible
entity to meet the milestones and associated payments
described in the proposal of that eligible entity; and
``(bb) that have the greatest potential commercial
applicability.
``(iii) Authority.--Notwithstanding section 646(g)(10) of
the Department of Energy Organization Act (42 U.S.C.
7256(g)(10)), the Secretary shall have the authority to carry
out clause (i) until the completion of the initiative
described in subparagraph (A).''.
(d) Geothermal Heat Pumps and Direct Use.--
(1) In general.--Title VI of the Energy Independence and
Security Act of 2007 is amended by inserting after section
616 (42 U.S.C. 17195) the following:
``SEC. 616A. GEOTHERMAL HEAT PUMPS AND DIRECT USE RESEARCH
AND DEVELOPMENT.
``(a) Purposes.--The purposes of this section are--
``(1) to improve the components, processes, and systems
used for geothermal heat pumps and the direct use of
geothermal energy; and
``(2) to increase the energy efficiency, lower the cost,
increase the use, and improve and demonstrate the
applicability of geothermal heat pumps to, and the direct use
of geothermal energy in, large buildings, commercial
districts, residential communities, and large municipal,
agricultural, or industrial projects.
``(b) Definitions.--In this section:
``(1) Direct use of geothermal energy.--The term `direct
use of geothermal energy' means geothermal systems that use
water directly or through a heat exchanger to provide--
``(A) heating to buildings; or
``(B) heat required for industrial processes, agriculture,
aquaculture, and other facilities.
``(2) Economically distressed area.--The term `economically
distressed area' means an area described in section 301(a) of
the Public Works and Economic Development Act of 1965 (42
U.S.C. 3161(a)).
``(3) Geothermal heat pump.--The term `geothermal heat
pump' means a system that provides heating and cooling by
exchanging heat from shallow ground or surface water using--
``(A) a closed loop system, which transfers heat by way of
buried or immersed pipes that contain a mix of water and
working fluid; or
``(B) an open loop system, which circulates ground or
surface water directly into the building and returns the
water to the same aquifer or surface water source.
``(c) Program.--
``(1) In general.--The Secretary shall support within the
Geothermal Technologies Office a program of research,
development, and demonstration for geothermal heat pumps and
the direct use of geothermal energy.
``(2) Areas.--The program under paragraph (1) may include
research, development, demonstration, and commercial
application of--
``(A) geothermal ground loop efficiency improvements, cost
reductions, and improved installation and operations methods;
``(B) the use of geothermal energy for building-scale
energy storage;
``(C) the use of geothermal energy as a grid management
resource or seasonal energy storage;
``(D) geothermal heat pump efficiency improvements;
``(E) the use of alternative fluids as a heat exchange
medium, such as hot water found in mines and mine shafts,
graywater, or other fluids that may improve the economics of
geothermal heat pumps;
``(F) heating of districts, neighborhoods, communities,
large commercial or public buildings, and industrial and
manufacturing facilities;
``(G) the use of water sources at a temperature of less
than 150 degrees Celsius for direct use; and
``(H) system integration of direct use with geothermal
electricity production.
``(3) Environmental impacts.--In carrying out the program,
the Secretary shall identify and mitigate potential
environmental impacts in accordance with section 614(c).
``(d) Financial Assistance.--
``(1) In general.--The Secretary shall make financial
assistance available to State, local, and Tribal governments,
institutions of higher education, nonprofit entities,
National Laboratories, utilities, and for-profit companies to
promote the development of geothermal heat pumps and the
direct use of geothermal energy.
``(2) Priority.--In providing financial assistance under
this subsection, the Secretary shall give priority to
proposals that apply to large buildings, commercial
districts, and residential communities that are located in
economically distressed areas.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Energy Independence and Security Act of 2007
(Public Law 110-140; 121 Stat. 1495) is amended by inserting
after the item relating to section 616 the following:
``Sec. 616A. Geothermal heat pumps and direct use research and
development.''.
(e) Modifying the Definition of Renewable Energy to Include
Thermal Energy.--
[[Page S1540]]
(1) In general.--Section 203 of the Energy Policy Act of
2005 (42 U.S.C. 15852) is amended--
(A) in subsection (b)(2), by striking ``generated'' and
inserting ``produced''; and
(B) in subsection (c)--
(i) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and indenting
appropriately;
(ii) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``For purposes'' and inserting the
following:
``(1) In general.--For purposes''; and
(iii) by adding at the end the following:
``(2) Separate calculation.--
``(A) In general.--For purposes of determining compliance
with the requirement of this section, any energy consumption
that is avoided through the use of geothermal energy shall be
considered to be renewable energy produced.
``(B) Efficiency accounting.--Energy consumption that is
avoided through the use of geothermal energy that is
considered to be renewable energy under this section shall
not be considered energy efficiency for the purpose of
compliance with Federal energy efficiency goals, targets, and
incentives.''.
(2) Conforming amendment.--Section 2410q(a) of title 10,
United States Code, is amended by striking ``section
203(b)(2) of the Energy Policy Act of 2005 (42 U.S.C.
15852(b)(2))'' and inserting ``section 203(b) of the Energy
Policy Act of 2005 (42 U.S.C. 15852(b))''.
(f) Authorization of Appropriations.--Section 623 of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17202) is amended by striking ``$90,000,000'' in the first
sentence and all that follows through the period at the end
of the second sentence and inserting the following:
``$165,000,000 for each of fiscal years 2021 through 2025, of
which--
``(1) $5,000,000 each fiscal year shall be for the prize
competition under section 614(e); and
``(2) $1,000,000 each fiscal year shall be for the drilling
data repository under section 614(f).''.
(g) Reauthorization of High Cost Region Geothermal Energy
Grant Program.--Section 625 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17204) is amended--
(1) in subsection (a)(2), by inserting ``or heat'' after
``electrical power''; and
(2) by striking subsection (e) and inserting the following:
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2021 through 2025.''.
(h) National Goals for Production on Federal Land.--
(1) In general.--Not later than September 1, 2022, the
Secretary of the Interior shall, in consultation with the
Secretary, the Secretary of Agriculture, and other heads of
relevant Federal agencies, establish national goals for
geothermal energy capacity on public land.
(2) Geothermal energy development.--The Director of the
Bureau of Land Management, in consultation with other
appropriate Federal officials, shall take any actions that
the Director of the Bureau of Land Management determines
necessary to facilitate geothermal energy development,
consistent with applicable laws.
(i) Facilitation of Coproduction of Geothermal Energy on
Oil and Gas Leases.--Section 4(b) of the Geothermal Steam Act
of 1970 (30 U.S.C. 1003(b)) is amended by adding at the end
the following:
``(4) Land subject to oil and gas lease.--Land under an oil
and gas lease issued pursuant to the Mineral Leasing Act (30
U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired
Lands (30 U.S.C. 351 et seq.) that is subject to an approved
application for permit to drill and from which oil and gas
production is occurring may be available for noncompetitive
leasing under this section to the holder of the oil and gas
lease--
``(A) on a determination that--
``(i) geothermal energy will be produced from a well
producing or capable of producing oil and gas; and
``(ii) national energy security will be improved by the
issuance of such a lease; and
``(B) to provide for the coproduction of geothermal energy
with oil and gas.''.
(j) Geothermal Resource Confirmation Test Projects.--
(1) In general.--The Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.) is amended by adding at the end the
following:
``SEC. 30. GEOTHERMAL RESOURCE CONFIRMATION TEST PROJECTS.
``(a) Definitions.--In this section:
``(1) Extraordinary circumstances.--The term `extraordinary
circumstances' has the same meaning given the term in the
Department of the Interior Departmental Manual, 516 DM
2.3A(3) and 516 DM 2, Appendix 2 (or successor provisions).
``(2) Geothermal resource confirmation test project.--The
term `geothermal resource confirmation test project' means a
project of drilling not more than 3 wells into a reservoir to
test or explore for geothermal resources--
``(A) on land for which the Secretary has issued a lease
under this Act; and
``(B) that--
``(i) is carried out by the holder of the lease;
``(ii) allows for well testing, such as to confirm
temperature, pressure, chemistry, flow rate, and near-
wellbore and overall reservoir permeability;
``(iii) causes--
``(I) less than 2.5 acres of soil or vegetation disruption
at the location of each geothermal exploration well; and
``(II) not more than an additional 5 acres of soil or
vegetation disruption during access to or egress from the
test site;
``(iv) is less than 9 inches in bottom-hole diameter;
``(v) is developed--
``(I) in a manner that does not require off-road motorized
access other than to and from the well site along an
identified off-road route; and
``(II) without the use of high-pressure well stimulation;
``(vi) includes the removal of any surface infrastructure
other than the wellhead from the site not later than 90 days
after the project is completed; and
``(vii) requires, not later than 42 months after the date
on which the first exploration drilling began, the
restoration of the project site to approximately the
condition that existed at the time the project begins, unless
the site is subsequently used as part of an energy
development under the lease.
``(b) Categorical Exclusion.--Unless extraordinary
circumstances exist, a project that the Secretary determines
under subsection (c) is a geothermal resource confirmation
test project shall be categorically excluded from the
requirements for an environmental assessment or an
environmental impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or
section 1508.4 of title 40, Code of Federal Regulations (or a
successor regulation).
``(c) Process.--
``(1) Requirement to provide notice.--A leaseholder shall
provide notice to the Secretary of the intent of the
leaseholder to carry out a geothermal resource confirmation
test project at least 30 days before the start of drilling
under the project.
``(2) Review and determination.--Not later than 30 days
after receipt of a notice of intent under paragraph (1), the
Secretary shall, with respect to the project described in the
notice of intent--
``(A) determine if the project is a geothermal resource
confirmation test project;
``(B) notify the leaseholder of such determination; and
``(C) provide public notice of the determination.
``(3) Opportunity to remedy.--If the Secretary determines
under paragraph (2)(A) that the project is not a geothermal
resource confirmation test project, the Secretary shall--
``(A) include in such notice clear and detailed findings on
any deficiencies in the project that resulted in such
determination; and
``(B) allow the leaseholder to remedy any such deficiencies
and resubmit the notice of intent under paragraph (1).''.
(2) Repeal.--The Geothermal Energy Research, Development,
and Demonstration Act of 1974 (30 U.S.C. 1101 et seq.) is
repealed.
(k) Program to Improve Federal Geothermal Permit
Coordination.--
(1) Definitions.--In this subsection:
(A) Program.--The term ``Program'' means the Geothermal
Energy Permitting Coordination Program established under
paragraph (2).
(B) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Establishment of program.--Not later than 90 days after
the date of enactment of this Act, the Secretary shall
establish a program, to be known as the ``Geothermal Energy
Permitting Coordination Program'', to improve Federal permit
coordination and reduce regulatory timelines with respect to
geothermal energy projects on Federal land by increasing the
expertise of officials administering and approving permits.
(3) Establishment of program offices.--To carry out the
Program, the Secretary shall establish 1 or more Program
offices at State or district offices of the Department of the
Interior.
(4) Memorandum of understanding.--
(A) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall enter into a
memorandum of understanding for purposes of this subsection
with--
(i) the Secretary of Agriculture;
(ii) the Administrator of the Environmental Protection
Agency; and
(iii) the Secretary of Defense.
(B) State participation.--The Secretary may request that
the Governor of any State be a signatory to the memorandum of
understanding under subparagraph (A).
(5) Designation of qualified staff.--
(A) In general.--Not later than 30 days after the date on
which the memorandum of understanding under paragraph (4) is
executed, all Federal signatories, as appropriate, shall
assign to each Program office established under paragraph (3)
1 or more employees who have expertise in the regulatory
issues relating to the office or agency in which the employee
is employed, including, as applicable, particular expertise
in--
(i) consultation regarding, and preparation of, biological
opinions under section 7 of the Endangered Species Act of
1973 (16 U.S.C. 1536);
(ii) permits under section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344);
(iii) regulatory matters under the Clean Air Act (42 U.S.C.
7401 et seq.);
(iv) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
[[Page S1541]]
(v) planning under section 14 of the National Forest
Management Act of 1976 (16 U.S.C. 472a);
(vi) developing geothermal resources under the Geothermal
Steam Act of 1970 (30 U.S.C. 1001 et seq.); and
(vii) the preparation of analyses under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(B) Duties.--Each employee assigned under subparagraph (A)
shall--
(i) not later than 90 days after the date on which the
employee is assigned, report to the State Director of the
Bureau of Land Management for the State in which the office
to which the employee is assigned is located;
(ii) be responsible for all issues relating to the
jurisdiction of the home office or agency of the employee;
and
(iii) participate as part of the team of personnel working
on proposed energy projects, planning, and environmental
analyses.
(6) Additional personnel.--The Secretary shall assign to
each Program office any additional personnel that are
necessary to ensure the effective implementation of--
(A) the Program; and
(B) any program administered by the Program office,
including inspection and enforcement relating to energy
development on Federal land, in accordance with the multiple
use mandate of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.).
(7) Transfer of funds.--To facilitate the coordination and
processing of geothermal permits on Federal land under the
administration of a Program office, the Secretary may
authorize the expenditure or transfer of any funds that are
necessary to--
(A) the United States Fish and Wildlife Service;
(B) the Bureau of Indian Affairs;
(C) the Forest Service;
(D) the Environmental Protection Agency;
(E) the Corps of Engineers;
(F) the Department of Defense; or
(G) any State in which a geothermal project is located.
(8) Reports.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to Congress
a report that describes--
(A) the progress of the Program; and
(B) any problems relating to leasing, permitting, or siting
with respect to geothermal energy development on Federal
land.
(9) Savings clause.--Nothing in this subsection affects--
(A) the operation of any Federal or State law; or
(B) any delegation of authority made by the head of a
Federal agency any employee of which is participating in the
Program.
SEC. 1204. WIND ENERGY RESEARCH AND DEVELOPMENT.
(a) Definitions.--In this section:
(1) Economically distressed area.--The term ``economically
distressed area'' means an area described in section 301(a)
of the Public Works and Economic Development Act of 1965 (42
U.S.C. 3161(a)).
(2) Eligible entity.--The term ``eligible entity'' means--
(A) an institution of higher education;
(B) a National Laboratory;
(C) a Federal research agency;
(D) a State research agency;
(E) a research agency associated with a territory or freely
associated state;
(F) a tribal energy development organization;
(G) an Indian tribe;
(H) a tribal organization;
(I) a Native Hawaiian community-based organization;
(J) a nonprofit research organization;
(K) an industrial entity;
(L) any other entity, as determined by the Secretary; and
(M) a consortium of 2 or more entities described in
subparagraphs (A) through (L).
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(5) Native Hawaiian community-based organization.--The term
``Native Hawaiian community-based organization'' has the
meaning given the term in section 6207 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7517).
(6) Program.--The term ``program'' means the program
established under subsection (b)(1).
(7) Territory or freely associated state.--The term
``territory or freely associated state'' has the meaning
given the term ``insular area'' in section 1404 of the Food
and Agriculture Act of 1977 (7 U.S.C. 3103).
(8) Tribal energy development organization.--The term
``tribal energy development organization'' has the meaning
given the term in section 2601 of the Energy Policy Act of
1992 (25 U.S.C. 3501).
(9) Tribal organization.--The term ``tribal organization''
has the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
(b) Wind Energy Technology Program.--
(1) Establishment.--
(A) In general.--The Secretary shall establish a program to
conduct research, development, testing, evaluation,
demonstration, and commercialization of wind energy
technologies in accordance with this subsection.
(B) Purposes.--The purposes of the program are the
following:
(i) To improve the energy efficiency, cost effectiveness,
reliability, resilience, security, integration,
manufacturability, and recyclability of wind energy
technologies.
(ii) To optimize the performance and operation of wind
energy components, turbines, and systems, including through
the development of new materials, hardware, and software.
(iii) To optimize the design and adaptability of wind
energy technologies to the broadest practical range of
geographic, atmospheric, offshore, and other site conditions,
including--
(I) at varying hub heights; and
(II) through the use of computer modeling.
(iv) To support the integration of wind energy technologies
with--
(I) the electric grid, including transmission,
distribution, microgrids, and distributed energy systems; and
(II) other energy technologies and systems, such as--
(aa) other generation sources;
(bb) demand response technologies;
(cc) energy storage technologies; and
(dd) hybrid systems.
(v) To reduce the cost and risk across the lifespan of wind
energy technologies, including--
(I) manufacturing, permitting, construction, operations,
maintenance, and recycling; and
(II) through the development of solutions to transportation
barriers to wind components.
(vi) To reduce and mitigate any potential negative impacts
of wind energy technologies on--
(I) human communities;
(II) military operations;
(III) aviation;
(IV) radar; and
(V) wildlife and wildlife habitats.
(vii) To address barriers to the commercialization and
export of wind energy technologies.
(viii) To support the domestic wind industry, workforce,
and supply chain.
(C) Targets.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish targets
for the program relating to near-term (up to 2 years), mid-
term (up to 7 years), and long-term (up to 15 years)
challenges to the advancement of wind energy technologies,
including onshore, offshore, distributed, and off-grid
technologies.
(2) Activities.--
(A) Types of activities.--In carrying out the program, the
Secretary shall carry out research, development,
demonstration, and commercialization activities, including--
(i) awarding grants and awards, on a competitive, merit-
reviewed basis;
(ii) performing precompetitive research and development;
(iii) establishing or maintaining demonstration facilities
and projects, including through stewardship of existing
facilities such as the National Wind Test Center;
(iv) providing technical assistance;
(v) entering into contracts and cooperative agreements;
(vi) providing small business vouchers;
(vii) conducting education and outreach activities;
(viii) conducting workforce development activities; and
(ix) conducting analyses, studies, and reports.
(B) Subject areas.--The Secretary shall carry out research,
development, testing, evaluation, demonstration, and
commercialization activities in the following subject areas:
(i) Wind power plant performance, operations, and security.
(ii) New materials and designs relating to all hardware,
software, and components of wind energy technologies,
including alternatives to minerals and other commodities from
foreign sources that are determined to be vulnerable to
disruption.
(iii) Advanced wind energy manufacturing technologies and
practices, including materials, processes, and design.
(iv) Offshore wind-specific projects and plants,
including--
(I) the deep water floating systems, materials, components,
and operation of offshore facilities; and
(II) the monitoring and analysis of site and environmental
considerations unique to offshore sites.
(v) Integration of wind energy technologies with--
(I) the electric grid, including transmission,
distribution, microgrids, and distributed energy systems; and
(II) other energy technologies, including--
(aa) other generation sources;
(bb) demand response technologies; and
(cc) energy storage technologies.
(vi) Methods to improve the lifetime, maintenance,
recycling, and reuse of wind energy components and systems.
(vii) Wind power forecasting and atmospheric measurement
systems, including for turbines and plant systems of varying
height.
(viii) Hybrid wind energy systems, grid-connected and off-
grid, that incorporate diverse--
(I) generation sources;
(II) loads; and
(III) storage technologies.
(ix) Reducing, including through education and outreach
activities, market barriers to the adoption of wind energy
technologies,
[[Page S1542]]
such as impacts on, or challenges relating to--
(I) distributed wind technologies, including the
development of best practices, models, and voluntary
streamlined processes for local permitting of distributed
wind energy systems to reduce costs;
(II) airspace;
(III) military uses;
(IV) radar;
(V) local communities;
(VI) wildlife and wildlife habitats; and
(VII) any other appropriate matter, as determined by the
Secretary.
(x) Advanced physics-based and data analysis computational
tools, in coordination with the high-performance computing
programs of the Department.
(xi) Technologies for distributed wind, including micro,
small, and medium turbines and the components of those
turbines.
(xii) Transformational technologies for harnessing wind
energy.
(xiii) Other research areas that advance the purposes of
the program, as determined by the Secretary.
(C) Prioritization.--In carrying out activities under the
program, the Secretary shall give priority to projects that--
(i) are located in geographically diverse regions of the
United States;
(ii) support the development or demonstration of projects--
(I) in collaboration with tribal energy development
organizations, Indian tribes, tribal organizations, Native
Hawaiian community-based organizations, or territories or
freely associated states; or
(II) in economically distressed areas;
(iii) can be replicated in a variety of regions and
climates; and
(iv) include business commercialization plans that have the
potential for--
(I) domestic manufacturing and production of wind energy
technologies; or
(II) exports of wind energy technologies.
(D) Coordination.--To the maximum extent practicable, the
Secretary shall coordinate activities under the program with
other relevant programs and capabilities of the Department
and other Federal research programs.
(3) Wind technician training grant program.--The Secretary
may award grants, on a competitive basis, to eligible
entities to purchase large pieces of wind component
equipment, such as nacelles, towers, and blades, for use in
training wind technician students in onshore or offshore wind
applications.
(4) Wages.--Notwithstanding any other provision of law, all
laborers and mechanics employed by contractors or
subcontractors on projects funded by grants under this
subsection shall be paid wages at rates not less than those
prevailing on projects of a similar character in the
locality, as determined by the Secretary of Labor, in
accordance with subchapter IV of chapter 31 of title 40,
United States Code.
(5) Wind energy program strategic vision.--
(A) In general.--Not later than September 1, 2022, and
every 6 years thereafter, the Secretary shall submit to
Congress a report on the strategic vision, progress, goals,
and targets of the program, including assessments of wind
energy markets and manufacturing.
(B) Preparation.--The Secretary shall coordinate the
preparation of the report under subparagraph (A) with--
(i) existing peer review processes;
(ii) studies conducted by the National Laboratories; and
(iii) the multiyear program planning required under section
994 of the Energy Policy Act of 2005 (42 U.S.C. 16358).
(6) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out the program
$120,000,000 for each of fiscal years 2021 through 2025.
(c) Conforming Amendments.--
(1) Section 4 of the Renewable Energy and Energy Efficiency
Technology Competitiveness Act of 1989 (42 U.S.C. 12003) is
amended--
(A) in the section heading by striking ``wind,'';
(B) in subsection (a)--
(i) in the matter preceding paragraph (1), by striking
``wind,'';
(ii) by striking paragraph (1); and
(iii) by redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively; and
(C) in subsection (c), in the matter preceding paragraph
(1), by striking ``the Wind Energy Research Program,''.
(2) Section 931(a)(2) of the Energy Policy Act of 2005 (42
U.S.C. 16231(a)(2)) is amended--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraphs (C) through (E) as
subparagraphs (B) through (D), respectively.
(3) Section 636 of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17215) is amended by striking ``section
931(a)(2)(E)(i)'' and all that follows through the period at
the end and inserting ``subparagraph (D)(i) of section
931(a)(2) of the Energy Policy Act of 2005 (42 U.S.C.
16231(a)(2)).''.
SEC. 1205. SOLAR ENERGY RESEARCH AND DEVELOPMENT.
(a) Definitions.--In this section:
(1) Economically distressed area.--The term ``economically
distressed area'' means an area described in section 301(a)
of the Public Works and Economic Development Act of 1965 (42
U.S.C. 3161(a)).
(2) Eligible entity.--The term ``eligible entity'' means--
(A) an institution of higher education;
(B) a National Laboratory;
(C) a Federal research agency;
(D) a State research agency;
(E) a research agency associated with a territory or freely
associated state;
(F) a tribal energy development organization;
(G) an Indian tribe;
(H) a tribal organization;
(I) a Native Hawaiian community-based organization;
(J) a nonprofit research organization;
(K) an industrial entity;
(L) any other entity, as determined by the Secretary; and
(M) a consortium of 2 or more entities described in
subparagraphs (A) through (L).
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(5) Native Hawaiian community-based organization.--The term
``Native Hawaiian community-based organization'' has the
meaning given the term in section 6207 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7517).
(6) Photovoltaic device.--The term ``photovoltaic device''
means--
(A) a device that converts light directly into electricity
through a solid-state, semiconductor process;
(B) the photovoltaic cells of a device described in
subparagraph (A); and
(C) the electronic and electrical components of a device
described in subparagraph (A).
(7) Program.--The term ``program'' means the program
established under subsection (b)(1)(A).
(8) Solar energy.--The term ``solar energy'' means--
(A) thermal or electric energy derived from radiation from
the Sun; or
(B) energy resulting from a chemical reaction caused by
radiation recently originated in the Sun.
(9) Territory or freely associated state.--The term
``territory or freely associated state'' has the meaning
given the term ``insular area'' in section 1404 of the Food
and Agriculture Act of 1977 (7 U.S.C. 3103).
(10) Tribal energy development organization.--The term
``tribal energy development organization'' has the meaning
given the term in section 2601 of the Energy Policy Act of
1992 (25 U.S.C. 3501).
(11) Tribal organization.--The term ``tribal organization''
has the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
(b) Solar Energy Technology Program.--
(1) Establishment.--
(A) In general.--The Secretary shall establish a program to
conduct research, development, testing, evaluation,
demonstration, and commercialization of solar energy
technologies in accordance with this subsection.
(B) Purposes.--The purposes of the program are the
following:
(i) To improve the energy efficiency, cost effectiveness,
reliability, resilience, security, integration,
manufacturability, and recyclability of solar energy
technologies.
(ii) To optimize the performance and operation of solar
energy components, cells, and systems, and enabling
technologies, including through the development of new
materials, hardware, and software.
(iii) To optimize the design and adaptability of solar
energy systems to the broadest practical range of geographic
and atmospheric conditions.
(iv) To support the integration of solar energy
technologies with the electric grid and complementary energy
technologies.
(v) To create and improve the conversion of solar energy to
other useful forms of energy or other products.
(vi) To reduce and mitigate any potential negative impacts
of solar energy technologies on humans, wildlife, and
wildlife habitats.
(vii) To address barriers to the commercialization and
export of solar energy technologies.
(viii) To support the domestic solar industry, workforce,
and supply chain.
(C) Targets.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish targets
for the program to address near-term (up to 2 years), mid-
term (up to 7 years), and long-term (up to 15 years)
challenges to the advancement of solar energy systems.
(2) Activities.--
(A) Types of activities.--In carrying out the program, the
Secretary shall carry out research, development,
demonstration, and commercialization activities, including--
(i) awarding grants and awards, on a competitive, merit-
reviewed basis;
(ii) performing precompetitive research and development;
(iii) establishing or maintaining demonstration facilities
and projects, including through stewardship of existing
facilities;
(iv) providing technical assistance;
(v) entering into contracts and cooperative agreements;
(vi) providing small business vouchers;
(vii) establishing prize competitions;
(viii) conducting education and outreach activities; and
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(ix) conducting analyses, studies, and reports.
(B) Subject areas.--The Secretary shall carry out research,
development, testing, evaluation, demonstration, and
commercialization activities in the following subject areas:
(i) Advanced solar energy technologies, including--
(I) new materials, components, designs, and systems,
including perovskites;
(II) advanced photovoltaic and thin-film devices;
(III) concentrated solar power;
(IV) solar heating and cooling; and
(V) enabling technologies for solar energy systems,
including hardware and software.
(ii) Solar energy technology performance, operations, and
security.
(iii) Integration of solar energy technologies with--
(I) the electric grid, including transmission,
distribution, microgrids, and distributed energy systems;
(II) other energy technologies, including--
(aa) other generation sources;
(bb) demand response technologies; and
(cc) energy storage technologies; and
(III) other nonelectric applications, such as in the
agriculture, transportation, industrial, and fuels sectors.
(iv) Advanced solar energy manufacturing technologies and
practices, including materials, processes, and design.
(v) Methods to improve the lifetime, maintenance,
recycling, and reuse of solar energy components and systems.
(vi) Solar energy forecasting, modeling, and atmospheric
measurement systems, including for small-scale, large-scale,
and aggregated systems.
(vii) Hybrid solar energy systems that incorporate
diverse--
(I) generation sources;
(II) loads; and
(III) storage technologies.
(viii) Reducing market barriers to the adoption of solar
energy technologies, including impacts on, or challenges
relating to--
(I) distributed solar technologies, including the
development of best practices, models, and voluntary
streamlined processes for local permitting of distributed
solar energy systems to reduce costs;
(II) local communities;
(III) wildlife and wildlife habitats; and
(IV) any other appropriate matter, as determined by the
Secretary.
(ix) Transformational technologies for harnessing solar
energy.
(x) Other research areas that advance the purposes of the
program, as determined by the Secretary.
(C) Prioritization.--In carrying out activities under the
program, the Secretary shall give priority to projects that--
(i) are located in a geographically diverse range of
eligible entities;
(ii) support the development or demonstration of projects--
(I) in collaboration with tribal energy development
organizations, Indian tribes, tribal organizations, Native
Hawaiian community-based organizations, or territories or
freely associated states; or
(II) in economically distressed areas;
(iii) can be replicated in a variety of regions and
climates; and
(iv) include business commercialization plans that have the
potential for--
(I) domestic manufacturing and production of solar energy
technologies; or
(II) exports of solar energy technologies.
(D) Coordination.--To the maximum extent practicable, the
Secretary shall coordinate activities under the program with
other relevant programs and capabilities of the Department
and other Federal research programs.
(E) Use of funds.--To the extent that funding is not
otherwise available through other Federal programs or power
purchase agreements, funding awarded under this paragraph may
be used for additional nontechnology costs, as determined to
be appropriate by the Secretary, such as engineering or
feasibility studies.
(3) Advanced solar energy manufacturing initiative.--
(A) Grants.--In addition to the program activities
described in paragraph (2), in carrying out the program, the
Secretary shall award multiyear grants to eligible entities
for research, development, and demonstration projects to
advance new solar energy manufacturing technologies and
techniques.
(B) Priority.--In awarding grants under subparagraph (A),
to the extent practicable, the Secretary shall give priority
to solar energy manufacturing projects that--
(i) increase efficiency and cost effectiveness in--
(I) the manufacturing process; and
(II) the use of resources.
(ii) support domestic supply chains for materials and
components;
(iii) identify and incorporate nonhazardous alternative
materials for components and devices;
(iv) operate in partnership with tribal energy development
organizations, Indian tribes, tribal organizations, Native
Hawaiian community-based organizations, or territories or
freely associated states; or
(v) are located in economically distressed areas.
(C) Evaluation.--Not later than 3 years after the date of
enactment of this Act, and every 4 years thereafter, the
Secretary shall conduct, and make available to the public and
the relevant committees of Congress, an independent review of
the progress of the grants awarded under subparagraph (A).
(4) Solar energy technology recycling research,
development, and demonstration program.--
(A) In general.--In addition to the program activities
described in paragraph (2), in carrying out the program, the
Secretary shall award multiyear grants to eligible entities
for research, development, and demonstration projects to
create innovative and practical approaches to increase the
reuse and recycling of solar energy technologies, including--
(i) by increasing the efficiency and cost effectiveness of
the recovery of raw materials from solar energy technology
components and systems, including enabling technologies such
as inverters;
(ii) by minimizing environmental impacts from the recovery
and disposal processes;
(iii) by addressing any barriers to the research,
development, demonstration, and commercialization of
technologies and processes for the disassembly and recycling
of solar energy devices;
(iv) by developing alternative materials, designs,
manufacturing processes, and other aspects of solar energy
technologies and the disassembly and resource recovery
process that enable efficient, cost effective, and
environmentally responsible disassembly of, and resource
recovery from, solar energy technologies; and
(v) strategies to increase consumer acceptance of, and
participation in, the recycling of photovoltaic devices.
(B) Dissemination of results.--The Secretary shall make
available to the public and the relevant committees of
Congress the results of the projects carried out through
grants awarded under subparagraph (A), including any
educational and outreach materials.
(5) Solar energy technology materials physical property
database.--
(A) In general.--Not later than September 1, 2022, the
Secretary shall establish a comprehensive physical property
database of materials for use in solar energy technologies,
which shall identify the type, quantity, country of origin,
source, significant uses, and physical properties of
materials used in solar energy technologies.
(B) Coordination.--In establishing the database described
in subparagraph (A), the Secretary shall coordinate with--
(i) the Director of the National Institute of Standards and
Technology;
(ii) the Administrator of the Environmental Protection
Agency;
(iii) the Secretary of the Interior; and
(iv) relevant industry stakeholders, as determined by the
Secretary.
(6) Solar energy technology program strategic vision.--
(A) In general.--Not later than September 1, 2022, and
every 6 years thereafter, the Secretary shall submit to
Congress a report on the strategic vision, progress, goals,
and targets of the program, including assessments of solar
energy markets and manufacturing.
(B) Preparation.--The Secretary shall coordinate the
preparation of the report under subparagraph (A) with--
(i) existing peer review processes;
(ii) studies conducted by the National Laboratories; and
(iii) the multiyear program planning required under section
994 of the Energy Policy Act of 2005 (42 U.S.C. 16358).
(7) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out the program
$270,000,000 for each of fiscal years 2021 through 2025.
(c) Conforming Amendments.--
(1) The Solar Energy Research, Development, and
Demonstration Act of 1974 (42 U.S.C. 5551 et seq.) is
repealed.
(2) Section 6(b)(3) of the Federal Nonnuclear Energy
Research and Development Act of 1974 (42 U.S.C. 5905(b)(3))
is amended--
(A) by striking subparagraph (L); and
(B) by redesignating subparagraphs (M) through (S) as
subparagraphs (L) through (R), respectively.
(3) The Solar Photovoltaic Energy Research, Development,
and Demonstration Act of 1978 (42 U.S.C. 5581 et seq.) is
repealed.
(4) Section 4 of the Renewable Energy and Energy Efficiency
Technology Competitiveness Act of 1989 (42 U.S.C. 12003) is
amended--
(A) in the section heading, by striking ``photovoltaics,
and solar thermal'' and inserting ``alcohol from biomass and
other technology'';
(B) in subsection (a)--
(i) in the matter preceding paragraph (1) (as redesignated
by section 1204(c)(1)(B)(iii)), by striking ``photovoltaics,
and solar thermal energy'' and inserting ``alcohol from
biomass and other energy technology'';
(ii) by striking paragraphs (1) and (2) (as redesignated by
section 1204(c)(1)(B)(iii)); and
(iii) by redesignating paragraphs (3) and (4) (as
redesignated by section 1204(c)(1)(B)(iii)) as paragraphs (1)
and (2), respectively; and
(C) in subsection (c)--
(i) in the matter preceding paragraph (1), by striking
``the Photovoltaic Energy Systems Program, the Solar Thermal
Energy Systems Program,'';
(ii) in paragraph (1)--
(I) by striking subparagraph (A); and
(II) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively; and
(iii) in paragraph (2)--
(I) by striking subparagraph (A); and
[[Page S1544]]
(II) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively.
(5) Section 931 of the Energy Policy Act of 2005 (42 U.S.C.
16231) is amended--
(A) in subsection (a)(2)--
(i) by striking subparagraph (A); and
(ii) by redesignating subparagraphs (B) through (D) (as
redesignated by section 1204(c)(2)(B)) as subparagraphs (A)
through (C), respectively;
(B) by striking subsection (d); and
(C) by redesignating subsections (e) through (g) as
subsections (d) through (f), respectively.
(6)(A) Sections 606 and 607 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17174, 17175) are repealed.
(B) The table of contents in section 1(b) of the Energy
Independence and Security Act of 2007 (Public Law 110-140;
121 Stat. 1495) is amended by striking the items relating to
sections 606 and 607.
(d) Savings Provision.--The repeal of the Solar Energy
Research, Development, and Demonstration Act of 1974 (42
U.S.C. 5551 et seq.) under subsection (c)(1) shall not affect
the authority of the Secretary to conduct research and
development on solar energy.
Subtitle C--Energy Storage
SEC. 1301. BETTER ENERGY STORAGE TECHNOLOGY.
(a) Definitions.--In this section:
(1) Energy storage system.--The term ``energy storage
system'' means any system, equipment, facility, or technology
that--
(A) is capable of absorbing or converting energy, storing
the energy for a period of time, and dispatching the energy;
and
(B)(i) uses mechanical, electrochemical, thermal,
electrolysis, or other processes to convert and store
electric energy that was generated at an earlier time for use
at a later time; or
(ii) stores energy in an electric, thermal, or gaseous
state for direct use for heating or cooling at a later time
in a manner that avoids the need to use electricity or other
fuel sources at that later time, such as a grid-enabled water
heater.
(2) Program.--The term ``program'' means the Energy Storage
System Research, Development, and Deployment Program
established under subsection (b)(1).
(b) Energy Storage System Research, Development, and
Deployment Program.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a
program, to be known as the ``Energy Storage System Research,
Development, and Deployment Program''.
(2) Initial program objectives.--The program shall focus on
research, development, and deployment of--
(A) energy storage systems designed to further the
development of technologies--
(i) for large-scale commercial deployment;
(ii) for deployment at cost targets established by the
Secretary;
(iii) for hourly and subhourly durations required to
provide reliability services to the grid;
(iv) for daily durations, which have--
(I) the capacity to discharge energy for a minimum of 6
hours; and
(II) a system lifetime of at least 20 years under regular
operation;
(v) for weekly or monthly durations, which have--
(I) the capacity to discharge energy for 10 to 100 hours,
at a minimum; and
(II) a system lifetime of at least 20 years under regular
operation; and
(vi) for seasonal durations, which have--
(I) the capability to address seasonal variations in supply
and demand; and
(II) a system lifetime of at least 20 years under regular
operation;
(B) distributed energy storage technologies and
applications, including building-grid integration;
(C) transportation energy storage technologies and
applications, including vehicle-grid integration;
(D) cost-effective systems and methods for--
(i) the reclamation, recycling, and disposal of energy
storage materials, including lithium, cobalt, nickel, and
graphite; and
(ii) the reuse and repurposing of energy storage system
technologies;
(E) advanced control methods for energy storage systems;
(F) pumped hydroelectric energy storage systems to
advance--
(i) adoption of innovative technologies, including--
(I) adjustable-speed, ternary, and other new pumping and
generating equipment designs;
(II) modular systems;
(III) closed-loop systems, including mines and quarries;
and
(IV) other critical equipment and materials for pumped
hydroelectric energy storage, as determined by the Secretary;
and
(ii) reductions of equipment costs, civil works costs, and
construction times for pumped hydroelectric energy storage
projects, with the goal of reducing those costs by 50
percent;
(G) models and tools to demonstrate the benefits of energy
storage to--
(i) power and water supply systems;
(ii) electric generation portfolio optimization; and
(iii) expanded deployment of other renewable energy
technologies, including in hybrid energy storage systems; and
(H) energy storage use cases from individual and
combination technology applications, including value from
various-use cases and energy storage services.
(3) Testing and validation.--In coordination with 1 or more
National Laboratories, the Secretary shall accelerate the
development, standardized testing, and validation of energy
storage systems under the program by developing testing and
evaluation methodologies for--
(A) storage technologies, controls, and power electronics
for energy storage systems under a variety of operating
conditions;
(B) standardized and grid performance testing for energy
storage systems, materials, and technologies during each
stage of development, beginning with the research stage and
ending with the deployment stage;
(C) reliability, safety, and durability testing under
standard and evolving duty cycles; and
(D) accelerated life testing protocols to predict estimated
lifetime metrics with accuracy.
(4) Periodic evaluation of program objectives.--Not less
frequently than once every calendar year, the Secretary shall
evaluate and, if necessary, update the program objectives to
ensure that the program continues to advance energy storage
systems toward widespread commercial deployment by lowering
the costs and increasing the duration of energy storage
resources.
(5) Energy storage strategic plan.--
(A) In general.--The Secretary shall develop a 10-year
strategic plan for the program, and update the plan, in
accordance with this paragraph.
(B) Contents.--The strategic plan developed under
subparagraph (A) shall--
(i) be coordinated with and integrated across other
relevant offices in the Department;
(ii) to the extent practicable, include metrics that can be
used to evaluate storage technologies;
(iii) identify Department programs that--
(I) support the research and development activities
described in paragraph (2) and the demonstration projects
under subsection (c); and
(II)(aa) do not support the activities or projects
described in subclause (I); but
(bb) are important to the development of energy storage
systems and the mission of the Department, as determined by
the Secretary;
(iv) include expected timelines for--
(I) the accomplishment of relevant objectives under current
programs of the Department relating to energy storage
systems; and
(II) the commencement of any new initiatives within the
Department relating to energy storage systems to accomplish
those objectives; and
(v) incorporate relevant activities described in the Grid
Modernization Initiative Multi-Year Program Plan.
(C) Submission to congress.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall submit
to the Committee on Energy and Natural Resources of the
Senate and the Committees on Energy and Commerce and Science,
Space, and Technology of the House of Representatives the
strategic plan developed under subparagraph (A).
(D) Updates to plan.--The Secretary--
(i) shall annually review the strategic plan developed
under subparagraph (A); and
(ii) may periodically revise the strategic plan as
appropriate.
(6) Leveraging of resources.--The program may be led by a
specific office of the Department, but shall be cross-cutting
in nature, so that in carrying out activities under the
program, the Secretary (or a designee of the Secretary
charged with leading the program) shall leverage existing
Federal resources, including, at a minimum, the expertise and
resources of--
(A) the Office of Electricity Delivery and Energy
Reliability;
(B) the Office of Energy Efficiency and Renewable Energy,
including the Water Power Technologies Office; and
(C) the Office of Science, including--
(i) the Basic Energy Sciences Program;
(ii) the Advanced Scientific Computing Research Program;
(iii) the Biological and Environmental Research Program;
and
(D) the Electricity Storage Research Initiative established
under section 975 of the Energy Policy Act of 2005 (42 U.S.C.
16315).
(7) Protecting privacy and security.--In carrying out this
subsection, the Secretary shall identify, incorporate, and
follow best practices for protecting the privacy of
individuals and businesses and the respective sensitive data
of the individuals and businesses, including by managing
privacy risk and implementing the Fair Information Practice
Principles of the Federal Trade Commission for the
collection, use, disclosure, and retention of individual
electric consumer information in accordance with the Office
of Management and Budget Circular A-130 (or successor
circulars).
(c) Energy Storage Demonstration Projects; Pilot Grant
Program.--
(1) Demonstration projects.--Not later than September 30,
2023, the Secretary shall, to the maximum extent practicable,
enter into agreements to carry out not fewer than 5 energy
storage system demonstration projects, including at least 1
energy storage system demonstration project designed to
[[Page S1545]]
further the development of technologies described in clause
(v) or (vi) of subsection (b)(2)(A).
(2) Energy storage pilot grant program.--
(A) Definition of eligible entity.--In this paragraph, the
term ``eligible entity'' means--
(i) a State energy office (as defined in section 124(a) of
the Energy Policy Act of 2005 (42 U.S.C. 15821(a)));
(ii) an Indian tribe (as defined in section 4 of the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4103);
(iii) a tribal organization (as defined in section 3765 of
title 38, United States Code);
(iv) an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001));
(v) an electric utility, including--
(I) an electric cooperative;
(II) a political subdivision of a State, such as a
municipally owned electric utility, or any agency, authority,
corporation, or instrumentality of a State political
subdivision; and
(III) an investor-owned utility; and
(vi) a private energy storage company.
(B) Establishment.--The Secretary shall establish a
competitive grant program under which the Secretary shall
award grants to eligible entities to carry out demonstration
projects for pilot energy storage systems.
(C) Selection requirements.--In selecting eligible entities
to receive a grant under subparagraph (B), the Secretary
shall, to the maximum extent practicable--
(i) ensure regional diversity among eligible entities
awarded grants, including ensuring participation of eligible
entities that are rural States and States with high energy
costs;
(ii) ensure that grants are awarded for demonstration
projects that--
(I) expand on the existing technology demonstration
programs of the Department;
(II) are designed to achieve 1 or more of the objectives
described in subparagraph (D); and
(III) inject or withdraw energy from the bulk power system,
electric distribution system, building energy system, or
microgrid (grid-connected or islanded mode) where the project
is located; and
(iii) give consideration to proposals from eligible
entities for securing energy storage through competitive
procurement or contract for service.
(D) Objectives.--Each demonstration project carried out by
a grant awarded under subparagraph (B) shall have 1 or more
of the following objectives:
(i) To improve the security of critical infrastructure and
emergency response systems.
(ii) To improve the reliability of transmission and
distribution systems, particularly in rural areas, including
high-energy-cost rural areas.
(iii) To optimize transmission or distribution system
operation and power quality to defer or avoid costs of
replacing or upgrading electric grid infrastructure,
including transformers and substations.
(iv) To supply energy at peak periods of demand on the
electric grid or during periods of significant variation of
electric grid supply.
(v) To reduce peak loads of homes and businesses.
(vi) To improve and advance power conversion systems.
(vii) To provide ancillary services for grid stability and
management.
(viii) To integrate renewable energy resource production.
(ix) To increase the feasibility of microgrids (grid-
connected or islanded mode).
(x) To enable the use of stored energy in forms other than
electricity to support the natural gas system and other
industrial processes.
(xi) To integrate fast charging of electric vehicles.
(xii) To improve energy efficiency.
(3) Reports.--Not less frequently than once every 2 years
for the duration of the programs under paragraphs (1) and
(2), the Secretary shall submit to Congress and make publicly
available a report describing the performance of those
programs.
(4) No project ownership interest.--The Federal Government
shall not hold any equity or other ownership interest in any
energy storage system that is part of a project under this
subsection unless the holding is agreed to by each
participant of the project.
(d) Long-duration Demonstration Initiative and Joint
Program.--
(1) Definitions.--In this subsection:
(A) Director of arpa-e.--The term ``Director of ARPA-E''
has the meaning given the term in section 5012(a) of the
America COMPETES Act (42 U.S.C. 16538(a)).
(B) Director of estcp.--The term ``Director of ESTCP''
means the Secretary of Defense, acting through the Director
of the Environmental Security Technology Certification
Program of the Department of Defense.
(C) Initiative.--The term ``Initiative'' means the
demonstration initiative established under paragraph (2).
(D) Joint Program.--The term ``Joint Program'' means the
joint program established under paragraph (4).
(E) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Director of ARPA-E.
(2) Establishment of initiative.--Not later than 180 days
after the date of enactment of this Act, the Secretary shall
establish a demonstration initiative composed of
demonstration projects focused on the development of long-
duration energy storage technologies.
(3) Selection of projects.--To the maximum extent
practicable, in selecting demonstration projects to
participate in the Initiative, the Secretary shall--
(A) ensure a range of technology types;
(B) ensure regional diversity among projects; and
(C) consider bulk power level, distribution power level,
behind-the-meter, microgrid (grid-connected or islanded
mode), and off-grid applications.
(4) Joint program.--
(A) Establishment.--As part of the Initiative, the
Secretary, in consultation with the Director of ESTCP, shall
establish within the Department a joint program to carry out
projects--
(i) to demonstrate promising long-duration energy storage
technologies at different scales; and
(ii) to help new, innovative long-duration energy storage
technologies become commercially viable.
(B) Memorandum of understanding.--Not later than 200 days
after the date of enactment of this Act, the Secretary shall
enter into a memorandum of understanding with the Director of
ESTCP to administer the Joint Program.
(C) Infrastructure.--In carrying out the Joint Program, the
Secretary and the Director of ESTCP shall--
(i) use existing test-bed infrastructure at--
(I) Department facilities; and
(II) Department of Defense installations; and
(ii) develop new infrastructure for identified projects, if
appropriate.
(D) Goals and metrics.--The Secretary and the Director of
ESTCP shall develop goals and metrics for technological
progress under the Joint Program consistent with energy
resilience and energy security policies.
(E) Selection of projects.--
(i) In general.--To the maximum extent practicable, in
selecting projects to participate in the Joint Program, the
Secretary and the Director of ESTCP shall--
(I) ensure that projects are carried out under conditions
that represent a variety of environments with different
physical conditions and market constraints; and
(II) ensure an appropriate balance of--
(aa) larger, higher-cost projects; and
(bb) smaller, lower-cost projects.
(ii) Priority.--In carrying out the Joint Program, the
Secretary and the Director of ESTCP shall give priority to
demonstration projects that--
(I) make available to the public project information that
will accelerate deployment of long-duration energy storage
technologies; and
(II) will be carried out in the field.
(e) Technical and Planning Assistance Program.--
(1) Definitions.--In this subsection:
(A) Eligible entity.--The term ``eligible entity'' means--
(i) an electric cooperative;
(ii) a political subdivision of a State, such as a
municipally owned electric utility, or any agency, authority,
corporation, or instrumentality of a State political
subdivision;
(iii) a not-for-profit entity that is in a partnership with
not less than 6 entities described in clause (i) or (ii); and
(iv) an investor-owned utility.
(B) Program.--The term ``program'' means the technical and
planning assistance program established under paragraph
(2)(A).
(2) Establishment.--
(A) In general.--The Secretary shall establish a technical
and planning assistance program to assist eligible entities
in identifying, evaluating, planning, designing, and
developing processes to procure energy storage systems.
(B) Assistance and grants.--Under the program, the
Secretary shall--
(i) provide technical and planning assistance, including
disseminating information, directly to eligible entities; and
(ii) award grants to eligible entities to contract to
obtain technical and planning assistance from outside
experts.
(C) Focus.--In carrying out the program, the Secretary
shall focus on energy storage system projects that have the
greatest potential for--
(i) strengthening the reliability and resiliency of energy
infrastructure;
(ii) reducing the cost of energy storage systems;
(iii) improving the feasibility of microgrids (grid-
connected or islanded mode), particularly in rural areas,
including high energy cost rural areas;
(iv) reducing consumer electricity costs; or
(v) maximizing local job creation.
(3) Technical and planning assistance.--
(A) In general.--Technical and planning assistance provided
under the program shall include assistance with 1 or more of
the following activities relating to energy storage systems:
(i) Identification of opportunities to use energy storage
systems.
(ii) Feasibility studies to assess the potential for
development of new energy storage systems or improvement of
existing energy storage systems.
[[Page S1546]]
(iii) Assessment of technical and economic characteristics,
including a cost-benefit analysis.
(iv) Utility interconnection.
(v) Permitting and siting issues.
(vi) Business planning and financial analysis.
(vii) Engineering design.
(viii) Resource adequacy planning.
(ix) Resilience planning and valuation.
(B) Exclusion.--Technical and planning assistance provided
under the program shall not be used to pay any person for
influencing or attempting to influence an officer or employee
of any Federal, State, or local agency, a Member of Congress,
an employee of a Member of Congress, a State or local
legislative body, or an employee of a State or local
legislative body.
(4) Information dissemination.--The information
disseminated under paragraph (2)(B)(i) shall include--
(A) information relating to the topics described in
paragraph (3)(A), including case studies of successful
examples;
(B) computational tools or software for assessment, design,
and operation and maintenance of energy storage systems;
(C) public databases that track existing and planned energy
storage systems;
(D) best practices for the utility and grid operator
business processes associated with the topics described in
paragraph (3)(A); and
(E) relevant State policies or regulations associated with
the topics described in paragraph (3)(A).
(5) Applications.--
(A) In general.--The Secretary shall seek applications for
the program--
(i) on a competitive, merit-reviewed basis; and
(ii) on a periodic basis, but not less frequently than once
every 12 months.
(B) Application.--An eligible entity desiring to apply for
the program shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require, including whether the eligible
entity is applying for--
(i) direct technical or planning assistance under paragraph
(2)(B)(i); or
(ii) a grant under paragraph (2)(B)(ii).
(C) Priorities.--In selecting eligible entities for
technical and planning assistance under the program, the
Secretary shall give priority to eligible entities described
in clauses (i) and (ii) of paragraph (1)(A).
(6) Reports.--The Secretary shall submit to Congress and
make available to the public--
(A) not less frequently than once every 2 years, a report
describing the performance of the program, including a
synthesis and analysis of any information the Secretary
requires grant recipients to provide to the Secretary as a
condition of receiving a grant; and
(B) on termination of the program, an assessment of the
success of, and education provided by, the measures carried
out by eligible entities under the program.
(7) Cost-sharing.--Activities under this subsection shall
be subject to the cost-sharing requirements under section 988
of the Energy Policy Act of 2005 (42 U.S.C. 16352).
(f) Energy Storage Materials Recycling Prize Competition.--
Section 1008 of the Energy Policy Act of 2005 (42 U.S.C.
16396) is amended by adding at the end the following:
``(g) Energy Storage Materials Recycling Prize
Competition.--
``(1) Definition of critical energy storage materials.--In
this subsection, the term `critical energy storage materials'
includes--
``(A) lithium;
``(B) cobalt;
``(C) nickel;
``(D) graphite; and
``(E) any other material determined by the Secretary to be
critical to the continued growing supply of energy storage
resources.
``(2) Prize authority.--
``(A) In general.--As part of the program established under
subsection (a), the Secretary shall establish an award
program, to be known as the `Energy Storage Materials
Recycling Prize Competition' (referred to in this subsection
as the `program'), under which the Secretary shall carry out
prize competitions and make awards to advance the recycling
of critical energy storage materials.
``(B) Frequency.--To the maximum extent practicable, the
Secretary shall carry out a competition under the program not
less frequently than once every calendar year.
``(3) Eligibility.--
``(A) In general.--To be eligible to win a prize under the
program, an individual or entity--
``(i) shall have complied with the requirements of the
competition as described in the announcement for that
competition published in the Federal Register by the
Secretary under paragraph (6);
``(ii) in the case of a private entity, shall be
incorporated in the United States and maintain a primary
place of business in the United States;
``(iii) in the case of an individual, whether participating
singly or in a group, shall be a citizen of, or an alien
lawfully admitted for permanent residence in, the United
States.
``(B) Exclusions.--The following entities and individuals
shall not be eligible to win a prize under the program:
``(i) A Federal entity.
``(ii) A Federal employee (including an employee of a
National Laboratory) acting within the scope of employment.
``(4) Awards.--In carrying out the program, the Secretary
shall award cash prizes, in amounts to be determined by the
Secretary, to each individual or entity selected through a
competitive process to develop advanced methods or
technologies to recycle critical energy storage materials
from energy storage systems.
``(5) Criteria.--
``(A) In general.--The Secretary shall establish objective,
merit-based criteria for awarding the prizes in each
competition carried out under the program.
``(B) Requirements.--The criteria established under
subparagraph (A) shall prioritize advancements in methods or
technologies that present the greatest potential for large-
scale commercial deployment.
``(C) Consultation.--In establishing criteria under
subparagraph (A), the Secretary shall consult with
appropriate members of private industry involved in the
commercial deployment of energy storage systems.
``(6) Advertising and solicitation of competitors.--
``(A) In general.--The Secretary shall announce each prize
competition under the program by publishing a notice in the
Federal Register.
``(B) Requirements.--Each notice published under
subparagraph (A) shall describe the essential elements of the
competition, such as--
``(i) the subject of the competition;
``(ii) the duration of the competition;
``(iii) the eligibility requirements for participation in
the competition;
``(iv) the process for participants to register for the
competition;
``(v) the amount of the prize; and
``(vi) the criteria for awarding the prize.
``(7) Judges.--
``(A) In general.--For each prize competition under the
program, the Secretary shall assemble a panel of qualified
judges to select the winner or winners of the competition on
the basis of the criteria established under paragraph (5).
``(B) Selection.--The judges for each competition shall
include appropriate members of private industry involved in
the commercial deployment of energy storage systems.
``(C) Conflicts.--An individual may not serve as a judge in
a prize competition under the program if the individual, the
spouse of the individual, any child of the individual, or any
other member of the household of the individual--
``(i) has a personal or financial interest in, or is an
employee, officer, director, or agent of, any entity that is
a registered participant in the prize competition for which
the individual will serve as a judge; or
``(ii) has a familial or financial relationship with a
registered participant in the prize competition for which the
individual will serve as a judge.
``(8) Report to congress.--Not later than 60 days after the
date on which the first prize is awarded under the program,
and annually thereafter, the Secretary shall submit to
Congress a report that--
``(A) identifies each award recipient;
``(B) describes the advanced methods or technologies
developed by each award recipient; and
``(C) specifies actions being taken by the Department
toward commercial application of all methods or technologies
with respect to which a prize has been awarded under the
program.
``(9) Anti-deficiency act.--The Secretary shall carry out
the program in accordance with section 1341 of title 31,
United States Code (commonly referred to as the `Anti-
Deficiency Act').
``(10) Authorization of appropriations.--There is
authorized to be appropriated to carry out this subsection
$10,000,000 for each of fiscal years 2020 through 2024, to
remain available until expended.''.
(g) Regulatory Actions to Encourage Energy Storage
Deployment.--
(1) Definitions.--In this subsection:
(A) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(B) Electric storage resource.--The term ``electric storage
resource'' means a resource capable of receiving electric
energy from the grid and storing that electric energy for
later injection back into the grid.
(2) Regulatory action.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall issue a
regulation to identify the eligibility of, and process for,
electric storage resources--
(i) to receive cost recovery through Commission-regulated
rates for the transmission of electric energy in interstate
commerce; and
(ii) that receive cost recovery under clause (i) to receive
compensation for other services (such as the sale of energy,
capacity, or ancillary services) without regard to whether
those services are provided concurrently with the
transmission service described in clause (i).
(B) Prohibition of duplicate recovery.--Any regulation
issued under subparagraph (A) shall preclude the receipt of
unjust and unreasonable double recovery for electric storage
resources providing services described in clauses (i) and
(ii) of that subparagraph.
(3) Electric storage resources technical conference.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission shall convene a
technical conference on the potential for electric storage
resources to improve the operation of electric systems.
[[Page S1547]]
(B) Requirements.--The technical conference under
subparagraph (A) shall--
(i) identify opportunities for further consideration of
electric storage resources in regional and interregional
transmission planning processes within the jurisdiction of
the Commission;
(ii) identify all energy, capacity, and ancillary service
products, market designs, or rules that--
(I) are within the jurisdiction of the Commission; and
(II) enable and compensate for the use of electric storage
resources that improve the operation of electric systems;
(iii) examine additional products, market designs, or rules
that would enable and compensate for the use of electric
storage resources for improving the operation of electric
systems; and
(iv) examine the functional value of electric storage
resources at the transmission and distribution system
interface for purposes of providing electric system
reliability.
(h) Coordination.--To the maximum extent practicable, the
Secretary shall coordinate the activities under this section
(including activities conducted pursuant to the amendments
made by this section) among the offices and employees of the
Department, other Federal agencies, and other relevant
entities--
(1) to ensure appropriate collaboration; and
(2) to avoid unnecessary duplication of those activities.
(i) Authorization of Appropriations.--There are authorized
to be appropriated--
(1) to carry out subsection (b), $100,000,000 for each of
fiscal years 2021 through 2025, to remain available until
expended;
(2) to carry out subsection (c), $100,000,000 for each of
fiscal years 2021 through 2025, to remain available until
expended;
(3) to carry out subsection (d), $50,000,000 for each of
fiscal years 2021 through 2025, to remain available until
expended; and
(4) to carry out subsection (e), $20,000,000 for each of
fiscal years 2021 through 2025, to remain available until
expended.
SEC. 1302. BUREAU OF RECLAMATION PUMPED STORAGE HYDROPOWER
DEVELOPMENT.
(a) Authority for Pumped Storage Hydropower Development
Using Multiple Bureau of Reclamation Reservoirs.--Section
9(c) of the Reclamation Project Act of 1939 (43 U.S.C.
485h(c)) is amended--
(1) in paragraph (1), in the fourth sentence, by striking
``, including small conduit hydropower development'' and
inserting ``and reserve to the Secretary the exclusive
authority to develop small conduit hydropower using Bureau of
Reclamation facilities and pumped storage hydropower
exclusively using Bureau of Reclamation reservoirs''; and
(2) in paragraph (8), by striking ``has been filed with the
Federal Energy Regulatory Commission as of the date of the
enactment of the Bureau of Reclamation Small Conduit
Hydropower Development and Rural Jobs Act'' and inserting
``was filed with the Federal Energy Regulatory Commission
before August 9, 2013, and is still pending''.
(b) Limitations on Issuance of Certain Leases of Power
Privilege.--
(1) Definitions.--In this subsection:
(A) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(B) Director.--The term ``Director'' means the Director of
the Office of Hearings and Appeals.
(C) Office of hearings and appeals.--The term ``Office of
Hearings and Appeals'' means the Office of Hearings and
Appeals of the Department of the Interior.
(D) Party.--The term ``party'', with respect to a study
plan agreement, means each of the following parties to the
study plan agreement:
(i) The proposed lessee.
(ii) The Tribes.
(E) Project.--The term ``project'' means a proposed pumped
storage facility that--
(i) would use multiple Bureau of Reclamation reservoirs;
and
(ii) as of June 1, 2017, was subject to a preliminary
permit issued by the Commission pursuant to section 4(f) of
the Federal Power Act (16 U.S.C. 797(f)).
(F) Proposed lessee.--The term ``proposed lessee'' means
the proposed lessee of a project.
(G) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(H) Study plan.--The term ``study plan'' means the plan
described in paragraph (4)(A).
(I) Study plan agreement.--The term ``study plan
agreement'' means an agreement entered into under paragraph
(2)(A) and described in paragraph (3).
(J) Tribes.--The term ``Tribes'' means--
(i) the Confederated Tribes of the Colville Reservation;
and
(ii) the Spokane Tribe of Indians of the Spokane
Reservation.
(2) Requirement for issuance of leases of power
privilege.--The Secretary shall not issue a lease of power
privilege pursuant to section 9(c)(1) of the Reclamation
Project Act of 1939 (43 U.S.C. 485h(c)(1)) (as amended by
subsection (a)) for a project unless--
(A) the proposed lessee and the Tribes have entered into a
study plan agreement; or
(B) the Secretary or the Director, as applicable, makes a
final determination for--
(i) a study plan agreement under paragraph (3)(B); or
(ii) a study plan under paragraph (4).
(3) Study plan agreement requirements.--
(A) In general.--A study plan agreement shall--
(i) establish the deadlines for the proposed lessee to
formally respond in writing to comments and study requests
about the project previously submitted to the Commission;
(ii) allow for the parties to submit additional comments
and study requests if any aspect of the project, as proposed,
differs from an aspect of the project, as described in a
preapplication document provided to the Commission;
(iii) except as expressly agreed to by the parties or as
provided in subparagraph (B) or paragraph (4), require that
the proposed lessee conduct each study described in--
(I) a study request about the project previously submitted
to the Commission; or
(II) any additional study request submitted in accordance
with the study plan agreement;
(iv) require that the proposed lessee study any potential
adverse economic effects of the project on the Tribes,
including effects on--
(I) annual payments to the Confederated Tribes of the
Colville Reservation under section 5(b) of the Confederated
Tribes of the Colville Reservation Grand Coulee Dam
Settlement Act (Public Law 103-436; 108 Stat. 4579); and
(II) annual payments to the Spokane Tribe of Indians of the
Spokane Reservation authorized after the date of enactment of
this Act, the amount of which derives from the annual
payments described in subclause (I);
(v) establish a protocol for communication and consultation
between the parties;
(vi) provide mechanisms for resolving disputes between the
parties regarding implementation and enforcement of the study
plan agreement; and
(vii) contain other provisions determined to be appropriate
by the parties.
(B) Disputes.--
(i) In general.--If the parties cannot agree to the terms
of a study plan agreement or implementation of those terms,
the parties shall submit to the Director, for final
determination on the terms or implementation of the study
plan agreement, notice of the dispute, consistent with
subparagraph (A)(vi), to the extent the parties have agreed
to a study plan agreement.
(ii) Inclusion.--A dispute covered by clause (i) may
include the view of a proposed lessee that an additional
study request submitted in accordance with subparagraph
(A)(ii) is not reasonably calculated to assist the Secretary
in evaluating the potential impacts of the project.
(iii) Timing.--The Director shall issue a determination
regarding a dispute under clause (i) not later than 120 days
after the date on which the Director receives notice of the
dispute under that clause.
(4) Study plan.--
(A) In general.--The proposed lessee shall submit to the
Secretary for approval a study plan that details the proposed
methodology for performing each of the studies--
(i) identified in the study plan agreement of the proposed
lessee; or
(ii) determined by the Director in a final determination
regarding a dispute under paragraph (3)(B).
(B) Initial determination.--Not later than 60 days after
the date on which the Secretary receives the study plan under
subparagraph (A), the Secretary shall make an initial
determination that--
(i) approves the study plan;
(ii) rejects the study plan on the grounds that the study
plan--
(I) lacks sufficient detail on a proposed methodology for a
study identified in the study plan agreement; or
(II) is inconsistent with the study plan agreement; or
(iii) imposes additional study plan requirements that the
Secretary determines are necessary to adequately define the
potential effects of the project on--
(I) the exercise of the paramount hunting, fishing, and
boating rights of the Tribes reserved pursuant to the Act of
June 29, 1940 (54 Stat. 703, chapter 460; 16 U.S.C. 835d et
seq.);
(II) the annual payments described in subclauses (I) and
(II) of paragraph (3)(A)(iv);
(III) the Columbia Basin project (as defined in section 1
of the Act of May 27, 1937 (50 Stat. 208, chapter 269; 57
Stat. 14, chapter 14; 16 U.S.C. 835));
(IV) historic properties and cultural or spiritually
significant resources; and
(V) the environment.
(C) Objections.--
(i) In general.--Not later than 30 days after the date on
which the Secretary makes an initial determination under
subparagraph (B), the Tribes or the proposed lessee may
submit to the Director an objection to the initial
determination.
(ii) Final determination.--Not later than 120 days after
the date on which the Director receives an objection under
clause (i), the Director shall--
(I) hold a hearing on the record regarding the objection;
and
(II) make a final determination that establishes the study
plan, including a description of studies the proposed lessee
is required to perform.
(D) No objections.--If no objections are submitted by the
deadline described in subparagraph (C)(i), the initial
determination of the Secretary under subparagraph (B) shall
be final.
(5) Conditions of lease.--
[[Page S1548]]
(A) Consistency with rights of tribes; protection,
mitigation, and enhancement of fish and wildlife.--
(i) In general.--Any lease of power privilege issued by the
Secretary for a project under paragraph (2) shall contain
conditions--
(I) to ensure that the project is consistent with, and will
not interfere with, the exercise of the paramount hunting,
fishing, and boating rights of the Tribes reserved pursuant
to the Act of June 29, 1940 (54 Stat. 703, chapter 460; 16
U.S.C. 835d et seq.); and
(II) to adequately and equitably protect, mitigate damages
to, and enhance fish and wildlife, including related spawning
grounds and habitat, affected by the development, operation,
and management of the project.
(ii) Recommendations of the tribes.--The conditions
required under clause (i) shall be based on joint
recommendations of the Tribes.
(iii) Resolving inconsistencies.--
(I) In general.--If the Secretary determines that any
recommendation of the Tribes under clause (ii) is not
reasonably calculated to ensure the project is consistent
with clause (i) or is inconsistent with the requirements of
the Reclamation Project Act of 1939 (43 U.S.C. 485 et seq.),
the Secretary shall attempt to resolve any such inconsistency
with the Tribes, giving due weight to the recommendations and
expertise of the Tribes.
(II) Publication of findings.--If, after an attempt to
resolve an inconsistency under subclause (I), the Secretary
does not adopt in whole or in part a recommendation of the
Tribes under clause (ii), the Secretary shall issue each of
the following findings, including a statement of the basis
for each of the findings:
(aa) A finding that adoption of the recommendation is
inconsistent with the requirements of the Reclamation Project
Act of 1939 (43 U.S.C. 485 et seq.).
(bb) A finding that the conditions selected by the
Secretary to be contained in the lease of power privilege
under clause (i) comply with the requirements of subclauses
(I) and (II) of that clause.
(B) Annual charges payable by licensee.--
(i) In general.--Subject to clause (ii), any lease of power
privilege issued by the Secretary for a project under
paragraph (2) shall contain conditions that require the
lessee of the project to make direct payments to the Tribes
through reasonable annual charges in an amount that
recompenses the Tribes for any adverse economic effect of the
project identified in a study performed pursuant to the study
plan agreement for the project.
(ii) Agreement.--
(I) In general.--The amount of the annual charges described
in clause (i) shall be established through agreement between
the proposed lessee and the Tribes.
(II) Condition.--The agreement under subclause (I),
including any modification of the agreement, shall be deemed
to be a condition to the lease of power privilege issued by
the Secretary for a project under paragraph (2).
(iii) Dispute resolution.--
(I) In general.--If the proposed lessee and the Tribes
cannot agree to the terms of an agreement under clause
(ii)(I), the proposed lessee and the Tribes shall submit
notice of the dispute to the Director.
(II) Resolution.--The Director shall resolve the dispute
described in subclause (I) not later than 180 days after the
date on which the Director receives notice of the dispute
under that subclause.
(C) Additional conditions.--The Secretary may include in
any lease of power privilege issued by the Secretary for a
project under paragraph (2) other conditions determined
appropriate by the Secretary, on the condition that the
conditions shall be consistent with the Reclamation Project
Act of 1939 (43 U.S.C. 485 et seq.).
(D) Consultation.--In establishing conditions under this
paragraph, the Secretary shall consult with the Tribes.
(6) Deadlines.--The Secretary or any officer of the Office
of Hearing and Appeals before whom a proceeding is pending
under this subsection may extend any deadline or enlarge any
timeframe described in this subsection--
(A) at the discretion of the Secretary or the officer; or
(B) on a showing of good cause by any party.
(7) Judicial review.--Any final action of the Secretary or
the Director made pursuant to this subsection shall be
subject to judicial review in accordance with chapter 7 of
title 5, United States Code.
(8) Effect on other projects.--Nothing in this subsection
establishes any precedent or is binding on any Bureau of
Reclamation lease of power privilege, other than for a
project.
Subtitle D--Carbon Capture, Utilization, and Storage
SEC. 1401. FOSSIL ENERGY.
Section 961(a) of the Energy Policy Act of 2005 (42 U.S.C.
16291(a)) is amended--
(1) in paragraph (6), by inserting ``, including technology
development to reduce emissions of carbon dioxide and
associated emissions of heavy metals within coal combustion
residues and gas streams resulting from fossil fuel use and
production'' before the period at the end; and
(2) by striking paragraph (7) and inserting the following:
``(7) Increasing the export of fossil energy-related
equipment, technology, including emissions control
technologies, and services from the United States.
``(8) Developing carbon removal and utilization
technologies, products, and methods that result in net
reductions in greenhouse gas emissions, including direct air
capture and storage, and carbon use and reuse for commercial
application.
``(9) Improving the conversion, use, and storage of carbon
dioxide produced from fossil fuels.''.
SEC. 1402. ESTABLISHMENT OF COAL AND NATURAL GAS TECHNOLOGY
PROGRAM.
(a) In General.--The Energy Policy Act of 2005 is amended
by striking section 962 (42 U.S.C. 16292) and inserting the
following:
``SEC. 962. COAL AND NATURAL GAS TECHNOLOGY PROGRAM.
``(a) Definitions.--In this section:
``(1) Large-scale pilot project.--The term `large-scale
pilot project' means a pilot project that--
``(A) represents the scale of technology development beyond
laboratory development and bench scale testing, but not yet
advanced to the point of being tested under real operational
conditions at commercial scale;
``(B) represents the scale of technology necessary to gain
the operational data needed to understand the technical and
performance risks of the technology before the application of
that technology at commercial scale or in commercial-scale
demonstration; and
``(C) is large enough--
``(i) to validate scaling factors; and
``(ii) to demonstrate the interaction between major
components so that control philosophies for a new process can
be developed and enable the technology to advance from large-
scale pilot plant application to commercial-scale
demonstration or application.
``(2) Natural gas.--The term `natural gas' means any fuel
consisting in whole or in part of--
``(A) natural gas;
``(B) liquid petroleum gas;
``(C) synthetic gas derived from petroleum or natural gas
liquids;
``(D) any mixture of natural gas and synthetic gas; or
``(E) biomethane.
``(3) Natural gas electric generation facility.--
``(A) In general.--The term `natural gas electric
generation facility' means a facility that generates electric
energy using natural gas as the fuel.
``(B) Inclusions.--The term `natural gas electric
generation facility' includes a new or existing--
``(i) simple cycle plant;
``(ii) combined cycle plant;
``(iii) combined heat and power plant; or
``(iv) steam methane reformer that produces hydrogen from
natural gas for use in the production of electric energy.
``(4) Program.--The term `program' means the program
established under subsection (b)(1).
``(5) Transformational technology.--
``(A) In general.--The term `transformational technology'
means a power generation technology that represents a
significant change in the methods used to convert energy that
will enable a step change in performance, efficiency, and
cost of electricity as compared to the technology in
existence on the date of enactment of the American Energy
Innovation Act of 2020.
``(B) Inclusions.--The term `transformational technology'
includes a broad range of technology improvements,
including--
``(i) thermodynamic improvements in energy conversion and
heat transfer, including--
``(I) advanced combustion systems, including oxygen
combustion systems and chemical looping; and
``(II) the replacement of steam cycles with supercritical
carbon dioxide cycles;
``(ii) improvements in steam or carbon dioxide turbine
technology;
``(iii) improvements in carbon capture, utilization, and
storage systems technology;
``(iv) improvements in small-scale and modular coal-fired
technologies with reduced carbon output or carbon capture
that can support incremental power generation capacity
additions;
``(v) fuel cell technologies for low-cost, high-efficiency
modular power systems;
``(vi) advanced gasification systems;
``(vii) thermal cycling technologies; and
``(viii) any other technology the Secretary recognizes as
transformational technology.
``(b) Coal and Natural Gas Technology Program.--
``(1) In general.--The Secretary shall establish a coal and
natural gas technology program to ensure the continued use of
the abundant domestic coal and natural gas resources of the
United States through the development of transformational
technologies that will significantly improve the efficiency,
effectiveness, costs, and environmental performance of coal
and natural gas use.
``(2) Requirements.--The program shall include--
``(A) a research and development program;
``(B) large-scale pilot projects;
``(C) demonstration projects, in accordance with paragraph
(4); and
``(D) a front-end engineering and design program.
``(3) Program goals and objectives.--In consultation with
the interested entities described in paragraph (6)(C), the
Secretary
[[Page S1549]]
shall develop goals and objectives for the program to be
applied to the transformational technologies developed within
the program, taking into consideration the following:
``(A) Increasing the performance of coal and natural gas
electric generation facilities, including by--
``(i) ensuring reliable, low-cost power from new and
existing coal and natural gas electric generation facilities;
``(ii) achieving high conversion efficiencies;
``(iii) addressing emissions of carbon dioxide through
high-efficiency platforms;
``(iv) developing small-scale and modular technologies to
support incremental capacity additions and load following
generation, in addition to large-scale generation
technologies;
``(v) supporting dispatchable operations for new and
existing applications of coal and natural gas generation; and
``(vi) accelerating the development of technologies that
have transformational energy conversion characteristics.
``(B) Using carbon capture, utilization, and sequestration
technologies to decrease the carbon dioxide emissions, and
the environmental impact from carbon dioxide emissions, from
new and existing coal and natural gas electric generation
facilities, including by--
``(i) accelerating the development, deployment, and
commercialization of technologies to capture and sequester
carbon dioxide emissions from new and existing coal and
natural gas electric generation facilities;
``(ii) supporting sites for safe geological storage of
large volumes of anthropogenic sources of carbon dioxide and
the development of the infrastructure needed to support a
carbon dioxide utilization and storage industry;
``(iii) improving the conversion, utilization, and storage
of carbon dioxide produced from fossil fuels and other
anthropogenic sources of carbon dioxide;
``(iv) lowering greenhouse gas emissions for all fossil
fuel production, generation, delivery, and use, to the
maximum extent practicable;
``(v) developing carbon utilization technologies, products,
and methods, including carbon use and reuse for commercial
application;
``(vi) developing net-negative carbon dioxide emissions
technologies; and
``(vii) developing technologies for the capture of carbon
dioxide produced during the production of hydrogen from
natural gas.
``(C) Decreasing the non-carbon dioxide relevant
environmental impacts of coal and natural gas production,
including by--
``(i) further reducing non-carbon dioxide air emissions;
and
``(ii) reducing the use, and managing the discharge, of
water in power plant operations.
``(D) Accelerating the development of technologies to
capture carbon dioxide emissions from industrial facilities,
including--
``(i) nontraditional fuel manufacturing facilities,
including ethanol or other biofuel production plants or
hydrogen production plants; and
``(ii) energy-intensive manufacturing facilities that
produce carbon dioxide as a byproduct of operations.
``(E) Examining methods of converting coal and natural gas
to other valuable products and commodities in addition to
electricity, including hydrogen.
``(F) Entering into cooperative agreements to carry out and
expedite demonstration projects (including pilot projects) to
demonstrate the technical and commercial viability of
technologies to reduce carbon dioxide emissions released from
coal and natural gas electric generation facilities for
commercial deployment; and
``(G) Identifying any barriers to the commercial deployment
of any technologies under development for the capture of
carbon dioxide produced by coal and natural gas electric
generation facilities.
``(4) Demonstration projects.--
``(A) In general.--In carrying out the program, the
Secretary shall establish a demonstration program under which
the Secretary shall enter into agreements by not later than
September 30, 2025, for demonstration projects to demonstrate
the construction and operation of not fewer than 5 facilities
to capture carbon dioxide from coal and natural gas electric
generation facilities.
``(B) Requirement.--Of the demonstration projects carried
out under subparagraph (A)--
``(i) not fewer than 2 shall be designed to capture carbon
dioxide from a natural gas electric generation facility; and
``(ii) not fewer than 2 shall be designed to capture carbon
dioxide from a coal electric generation facility.
``(C) Goals.--Each demonstration project under the
demonstration program shall be designed to further the
development, deployment, and commercialization of
technologies to capture and sequester carbon dioxide
emissions from new and existing coal and natural gas electric
generation facilities.
``(D) Applications.--
``(i) In general.--To be eligible to enter into an
agreement with the Secretary for a demonstration project
under subparagraph (A), an entity shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(ii) Review of applications.--In reviewing applications
submitted under clause (i), the Secretary, to the maximum
extent practicable, shall--
``(I) ensure a broad geographic distribution of project
sites;
``(II) ensure that a broad selection of electric generation
facilities are represented;
``(III) ensure that a broad selection of technologies are
represented; and
``(IV) leverage existing public-private partnerships and
Federal resources.
``(5) Intraagency coordination for carbon capture,
utilization, and sequestration activities.--The carbon
capture, utilization, and sequestration activities described
in paragraph (3)(B) shall be carried out by the Assistant
Secretary for Fossil Energy, in coordination with the heads
of other relevant offices of the Department and the National
Laboratories.
``(6) Consultations required.--In carrying out the program,
the Secretary shall--
``(A) undertake international collaborations, taking into
consideration the recommendations of the National Coal
Council and the National Petroleum Council;
``(B) use existing authorities to encourage international
cooperation; and
``(C) consult with interested entities, including--
``(i) coal and natural gas producers;
``(ii) industries that use coal and natural gas;
``(iii) organizations that promote coal, advanced coal, and
natural gas technologies;
``(iv) environmental organizations;
``(v) organizations representing workers; and
``(vi) organizations representing consumers.
``(c) Report.--
``(1) In general.--Not later than 18 months after the date
of enactment of the American Energy Innovation Act of 2020,
the Secretary shall submit to Congress a report describing
the program goals and objectives adopted under subsection
(b)(3).
``(2) Update.--Not less frequently than once every 2 years
after the initial report is submitted under paragraph (1),
the Secretary shall submit to Congress a report describing
the progress made towards achieving the program goals and
objectives adopted under subsection (b)(3).
``(d) Funding.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this section, to remain available until expended--
``(A) for activities under the research and development
program component described in subsection (b)(2)(A)--
``(i) $230,000,000 for each of fiscal years 2021 and 2022;
and
``(ii) $150,000,000 for each of fiscal years 2023 through
2025;
``(B) subject to paragraph (2), for activities under the
large-scale pilot projects program component described in
subsection (b)(2)(B)--
``(i) $347,000,000 for each of fiscal years 2021 and 2022;
``(ii) $272,000,000 for each of fiscal years 2023 and 2024;
and
``(iii) $250,000,000 for fiscal year 2025;
``(C) for activities under the demonstration projects
program component described in subsection (b)(2)(C)--
``(i) $100,000,000 for each of fiscal years 2021 and 2022;
and
``(ii) $500,000,000 for each of fiscal years 2023 through
2025; and
``(D) for activities under the front-end engineering and
design program described in subsection (b)(2)(D), $50,000,000
for each of fiscal years 2021 through 2024.
``(2) Cost sharing for large-scale pilot projects.--
Activities under subsection (b)(2)(B) shall be subject to the
cost-sharing requirements of section 988(b).''.
(b) Technical Amendment.--The table of contents for the
Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 600)
is amended by striking the item relating to section 962 and
inserting the following:
``Sec. 962. Coal and natural gas technology program.''.
SEC. 1403. CARBON STORAGE VALIDATION AND TESTING.
(a) In General.--Section 963 of the Energy Policy Act of
2005 (42 U.S.C. 16293) is amended--
(1) by striking subsection (d) and inserting the following:
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this section--
``(1) $105,000,000 for fiscal year 2021;
``(2) $110,250,000 for fiscal year 2022;
``(3) $115,763,000 for fiscal year 2023;
``(4) $121,551,000 for fiscal year 2024; and
``(5) $127,628,000 for fiscal year 2025.'';
(2) in subsection (c)--
(A) by striking paragraphs (5) and (6) and inserting the
following:
``(f) Cost Sharing.--Activities carried out under this
section shall be subject to the cost-sharing requirements of
section 988.''; and
(B) by redesignating paragraph (4) as subsection (e) and
indenting appropriately;
(3) in subsection (e) (as so redesignated)--
(A) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and indenting
appropriately; and
(B) by striking ``subsection'' each place it appears and
inserting ``section''; and
(4) by striking the section designation and heading and all
that follows through the end of subsection (c)(3) and
inserting the following:
``SEC. 963. CARBON STORAGE VALIDATION AND TESTING.
``(a) Definitions.--In this section:
[[Page S1550]]
``(1) Large-scale carbon sequestration.--The term `large-
scale carbon sequestration' means a scale that--
``(A) demonstrates the ability to inject into geologic
formations and sequester carbon dioxide; and
``(B) has a goal of sequestering not less than 50 million
metric tons of carbon dioxide over a 10-year period.
``(2) Program.--The term `program' means the program
established under subsection (b)(1).
``(b) Carbon Storage Program.--
``(1) In general.--The Secretary shall establish a program
of research, development, and demonstration for carbon
storage.
``(2) Program activities.--Activities under the program
shall include--
``(A) in coordination with relevant Federal agencies,
developing and maintaining mapping tools and resources that
assess the capacity of geologic storage formation in the
United States;
``(B) developing monitoring tools, modeling of geologic
formations, and analyses--
``(i) to predict carbon dioxide containment; and
``(ii) to account for sequestered carbon dioxide in
geologic storage sites;
``(C) researching--
``(i) potential environmental, safety, and health impacts
in the event of a leak into the atmosphere or to an aquifer;
and
``(ii) any corresponding mitigation actions or responses to
limit harmful consequences of such a leak;
``(D) evaluating the interactions of carbon dioxide with
formation solids and fluids, including the propensity of
injections to induce seismic activity;
``(E) assessing and ensuring the safety of operations
relating to geologic sequestration of carbon dioxide;
``(F) determining the fate of carbon dioxide concurrent
with and following injection into geologic formations; and
``(G) supporting cost and business model assessments to
examine the economic viability of technologies and systems
developed under the program.
``(3) Geologic settings.--In carrying out research
activities under this subsection, the Secretary shall
consider a variety of candidate onshore and offshore geologic
settings, including--
``(A) operating oil and gas fields;
``(B) depleted oil and gas fields;
``(C) residual oil zones;
``(D) unconventional reservoirs and rock types;
``(E) unmineable coal seams;
``(F) saline formations in both sedimentary and basaltic
geologies;
``(G) geologic systems that may be used as engineered
reservoirs to extract economical quantities of brine from
geothermal resources of low permeability or porosity; and
``(H) geologic systems containing in situ carbon dioxide
mineralization formations.
``(c) Large-scale Carbon Sequestration Demonstration
Program.--
``(1) In general.--The Secretary shall establish a
demonstration program under which the Secretary shall provide
funding for demonstration projects to collect and validate
information on the cost and feasibility of commercial
deployment of large-scale carbon sequestration technologies.
``(2) Existing regional carbon sequestration
partnerships.--In carrying out paragraph (1), the Secretary
may provide additional funding to regional carbon
sequestration partnerships that are carrying out or have
completed a large-scale carbon sequestration demonstration
project under this section (as in effect on the day before
the date of enactment of the American Energy Innovation Act
of 2020) for additional work on that project.
``(3) Demonstration components.--Each demonstration project
carried out under this subsection shall include longitudinal
tests involving carbon dioxide injection and monitoring,
mitigation, and verification operations.
``(4) Clearinghouse.--The National Energy Technology
Laboratory shall act as a clearinghouse of shared information
and resources for--
``(A) existing or completed demonstration projects
receiving additional funding under paragraph (2); and
``(B) any new demonstration projects funded under this
subsection.
``(5) Report.--Not later than 1 year after the date of
enactment of the American Energy Innovation Act of 2020, the
Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Science, Space,
and Technology of the House of Representatives a report
that--
``(A) assesses the progress of all regional carbon
sequestration partnerships carrying out a demonstration
project under this subsection;
``(B) identifies the remaining challenges in achieving
large-scale carbon sequestration that is reliable and safe
for the environment and public health; and
``(C) creates a roadmap for carbon storage research and
development activities of the Department through 2025, with
the goal of reducing economic and policy barriers to
commercial carbon sequestration.
``(d) Integrated Storage.--
``(1) In general.--The Secretary may transition large-scale
carbon sequestration demonstration projects under subsection
(c) into integrated commercial storage complexes.
``(2) Goals and objectives.--The goals and objectives of
the Secretary in seeking to transition large-scale carbon
sequestration demonstration projects into integrated
commercial storage complexes under paragraph (1) shall be--
``(A) to identify geologic storage sites that are able to
accept large volumes of carbon dioxide acceptable for
commercial contracts;
``(B) to understand the technical and commercial viability
of carbon dioxide geologic storage sites; and
``(C) to carry out any other activities necessary to
transition the large-scale carbon sequestration demonstration
projects under subsection (c) into integrated commercial
storage complexes.''.
(b) Technical Amendment.--The table of contents for the
Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 600;
121 Stat. 1708) is amended by striking the item relating to
section 963 and inserting the following:
``Sec. 963. Carbon storage validation and testing.''.
(c) Conforming Amendments.--
(1) Section 703(a)(3) of the Department of Energy Carbon
Capture and Sequestration Research, Development, and
Demonstration Act of 2007 (42 U.S.C. 17251(a)(3)) is amended,
in the first sentence of the matter preceding subparagraph
(A), by striking ``section 963(c)(3)'' and inserting
``section 963(c)''.
(2) Section 704 of the Department of Energy Carbon Capture
and Sequestration Research, Development, and Demonstration
Act of 2007 (42 U.S.C. 17252) is amended, in the first
sentence, by striking ``section 963(c)(3)'' and inserting
``section 963(c)''.
SEC. 1404. CARBON UTILIZATION PROGRAM.
(a) Carbon Utilization Program.--
(1) In general.--Subtitle F of title IX of the Energy
Policy Act of 2005 (42 U.S.C. 16291 et seq.) is amended by
adding at the end the following:
``SEC. 969. CARBON UTILIZATION PROGRAM.
``(a) In General.--The Secretary shall establish a program
of research, development, and demonstration for carbon
utilization--
``(1) to assess and monitor--
``(A) potential changes in lifecycle carbon dioxide and
other greenhouse gas emissions; and
``(B) other environmental safety indicators of new
technologies, practices, processes, or methods used in
enhanced hydrocarbon recovery as part of the activities
authorized under section 963;
``(2) to identify and assess novel uses for carbon,
including the conversion of carbon and carbon oxides for
commercial and industrial products and other products with
potential market value;
``(3) to identify and assess carbon capture technologies
for industrial systems; and
``(4) to identify and assess alternative uses for raw coal
and processed coal products in all phases, including products
derived from carbon engineering, carbon fiber, and coal
conversion methods.
``(b) Demonstration Programs for the Purpose of
Commercialization.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary shall establish a
2-year demonstration program in each of the 2 major coal-
producing regions of the United States for the purpose of
partnering with private institutions in coal mining regions
to accelerate the commercial deployment of coal-carbon
products.
``(2) Cost sharing.--Activities under paragraph (1) shall
be subject to the cost-sharing requirements of section 988.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this section--
``(1) $29,000,000 for fiscal year 2021;
``(2) $30,250,000 for fiscal year 2022;
``(3) $31,562,500 for fiscal year 2023;
``(4) $32,940,625 for fiscal year 2024; and
``(5) $34,387,656 for fiscal year 2025.''.
(2) Technical amendment.--The table of contents for the
Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 600)
is amended by adding at the end of the items relating to
subtitle F of title IX the following:
``Sec. 969. Carbon utilization program.''.
(b) Study.--
(1) In general.--The Secretary shall enter into an
agreement with the National Academies of Sciences,
Engineering, and Medicine under which the National Academies
of Sciences, Engineering, and Medicine shall conduct a study
to assess any barriers and opportunities relating to
commercializing carbon, coal-derived carbon, and carbon
dioxide in the United States.
(2) Requirements.--The study under paragraph (1) shall--
(A) analyze challenges to commercializing carbon dioxide,
including--
(i) expanding carbon dioxide pipeline capacity;
(ii) mitigating environmental impacts;
(iii) access to capital;
(iv) geographic barriers; and
(v) regional economic challenges and opportunities;
(B) identify potential markets, industries, or sectors that
may benefit from greater access to commercial carbon dioxide;
(C) determine the feasibility of, and opportunities for,
the commercialization of coal-derived carbon products,
including for--
(i) commercial purposes;
(ii) industrial purposes;
(iii) defense and military purposes;
(iv) agricultural purposes, including soil amendments and
fertilizers;
(v) medical and pharmaceutical applications;
[[Page S1551]]
(vi) construction and building applications;
(vii) energy applications; and
(viii) production of critical minerals;
(D) assess--
(i) the state of infrastructure as of the date of the
study; and
(ii) any necessary updates to infrastructure to allow for
the integration of safe and reliable carbon dioxide
transportation, use, and storage;
(E) describe the economic, climate, and environmental
impacts of any well-integrated national carbon dioxide
pipeline system, including suggestions for policies that
could--
(i) improve the economic impact of the system; and
(ii) mitigate impacts of the system;
(F) assess the global status and progress of chemical and
biological carbon utilization technologies in practice as of
the date of the study that utilize anthropogenic carbon,
including carbon dioxide, carbon monoxide, methane, and
biogas, from power generation, biofuels production, and other
industrial processes;
(G) identify emerging technologies and approaches for
carbon utilization that show promise for scale-up,
demonstration, deployment, and commercialization;
(H) analyze the factors associated with making carbon
utilization technologies viable at a commercial scale,
including carbon waste stream availability, economics, market
capacity, energy, and lifecycle requirements;
(I)(i) assess the major technical challenges associated
with increasing the commercial viability of carbon reuse
technologies; and
(ii) identify the research and development questions that
will address the challenges described in clause (i);
(J)(i) assess research efforts being carried out as of the
date of the study, including basic, applied, engineering, and
computational research efforts, that are addressing the
challenges described in subparagraph (I)(i); and
(ii) identify gaps in the research efforts under clause
(i);
(K) develop a comprehensive research agenda that addresses
long- and short-term research needs and opportunities; and
(L)(i) identify appropriate Federal agencies with
capabilities to support small business entities; and
(ii) determine what assistance the Federal agencies
identified under clause (i) could provide to small business
entities to further the development and commercial deployment
of carbon dioxide-based products.
(3) Deadline.--Not later than 180 days after the date of
enactment of this Act, the National Academies of Sciences,
Engineering, and Medicine shall submit to the Secretary a
report describing the results of the study under paragraph
(1).
SEC. 1405. CARBON REMOVAL.
(a) In General.--Subtitle F of title IX of the Energy
Policy Act of 2005 (42 U.S.C. 16291 et seq.) (as amended by
section 1404(a)(1)) is amended by adding at the end the
following:
``SEC. 969A. CARBON REMOVAL.
``(a) Establishment.--The Secretary, in coordination with
the heads of appropriate Federal agencies, including the
Secretary of Agriculture, shall establish a research,
development, and demonstration program (referred to in this
section as the `program') to test, validate, or improve
technologies and strategies to remove carbon dioxide from the
atmosphere on a large scale.
``(b) Intraagency Coordination.--The Secretary shall ensure
that the program includes the coordinated participation of
the Office of Fossil Energy, the Office of Science, and the
Office of Energy Efficiency and Renewable Energy.
``(c) Program Activities.--The program may include
research, development, and demonstration activities relating
to--
``(1) direct air capture and storage technologies;
``(2) bioenergy with carbon capture and sequestration;
``(3) enhanced geological weathering;
``(4) agricultural practices;
``(5) forest management and afforestation; and
``(6) planned or managed carbon sinks, including natural
and artificial.
``(d) Requirements.--In developing and identifying carbon
removal technologies and strategies under the program, the
Secretary shall consider--
``(1) land use changes, including impacts on natural and
managed ecosystems;
``(2) ocean acidification;
``(3) net greenhouse gas emissions;
``(4) commercial viability;
``(5) potential for near-term impact;
``(6) potential for carbon reductions on a gigaton scale;
and
``(7) economic cobenefits.
``(e) Air Capture Technology Prize Competition.--
``(1) Definitions.--In this subsection:
``(A) Dilute media.--The term `dilute media' means media in
which the concentration of carbon dioxide is less than 1
percent by volume.
``(B) Prize competition.--The term `prize competition'
means the competitive technology prize competition
established under paragraph (2).
``(2) Establishment.--Not later than 2 years after the date
of enactment of this section, the Secretary, in consultation
with the Administrator of the Environmental Protection
Agency, shall establish as part of the program a competitive
technology prize competition to award prizes for carbon
dioxide capture from dilute media.
``(3) Requirements.--In carrying out this subsection, the
Secretary, in accordance with section 24 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719),
shall develop requirements for--
``(A) the prize competition process; and
``(B) monitoring and verification procedures for projects
selected to receive a prize under the prize competition.
``(4) Eligible projects.--To be eligible to be awarded a
prize under the prize competition, a project shall--
``(A) meet minimum performance standards set by the
Secretary;
``(B) meet minimum levels set by the Secretary for the
capture of carbon dioxide from dilute media; and
``(C) demonstrate in the application of the project for a
prize--
``(i) a design for a promising carbon capture technology
that will--
``(I) be operated on a demonstration scale; and
``(II) have the potential to achieve significant reduction
in the level of carbon dioxide in the atmosphere;
``(ii) a successful bench-scale demonstration of a carbon
capture technology; or
``(iii) an operational carbon capture technology on a
commercial scale.
``(f) Direct Air Capture Test Center.--
``(1) In general.--Not later than 2 years after the date of
enactment of this section, the Secretary shall award grants
to 1 or more entities for the operation of 1 or more test
centers (referred to in this subsection as a `Center') to
provide unique testing capabilities for innovative direct air
capture and storage technologies.
``(2) Purpose.--Each Center shall--
``(A) advance research, development, demonstration, and
commercial application of direct air capture and storage
technologies;
``(B) support large-scale pilot and demonstration projects
and test direct air capture and storage technologies;
``(C) develop front-end engineering design and economic
analysis; and
``(D) maintain a public record of pilot and full-scale
plant performance.
``(3) Selection.--
``(A) In general.--The Secretary shall select entities to
receive grants under this subsection according to such
criteria as the Secretary may develop.
``(B) Competitive basis.--The Secretary shall select
entities to receive grants under this subsection on a
competitive basis.
``(C) Priority criteria.--In selecting entities to receive
grants under this subsection, the Secretary shall prioritize
applicants that--
``(i) have access to existing or planned research
facilities for direct air capture and storage technologies;
``(ii) are institutions of higher education with
established expertise in engineering for direct air capture
and storage technologies, or partnerships with such
institutions of higher education; or
``(iii) have access to existing research and test
facilities for bulk materials design and testing, component
design and testing, or professional engineering design.
``(4) Formula for awarding grants.--The Secretary may
develop a formula for awarding grants under this subsection.
``(5) Schedule.--
``(A) In general.--Each grant awarded under this subsection
shall be for a term of not more than 5 years, subject to the
availability of appropriations.
``(B) Renewal.--The Secretary may renew a grant for 1 or
more additional 5-year terms, subject to a competitive merit
review and the availability of appropriations.
``(6) Termination.--To the extent otherwise authorized by
law, the Secretary may eliminate, and terminate grant funding
under this subsection for, a Center during any 5-year term
described in paragraph (5) if the Secretary determines that
the Center is underperforming.
``(g) Pilot and Demonstration Projects.--In supporting the
technology development activities under this section, the
Secretary is encouraged to support carbon removal pilot and
demonstration projects, including--
``(1) pilot projects that test direct air capture systems
capable of capturing 10 to 100 tonnes of carbon oxides per
year to provide data for demonstration-scale projects; and
``(2) direct air capture demonstration projects capable of
capturing greater than 1,000 tonnes of carbon oxides per
year.
``(h) Intraagency Coordination.--The direct air capture
activities carried out under subsections (c)(1) and (e) shall
be carried out in coordination with, and leveraging lessons
learned from, the coal and natural gas technology program
established under section 962(b)(1).
``(i) Accounting.--The Secretary shall collaborate with the
Administrator of the Environmental Protection Agency and the
heads of other relevant Federal agencies to develop and
improve accounting frameworks and tools to accurately measure
carbon removal and sequestration methods and technologies
across the Federal Government.
``(j) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this section--
``(1) $75,000,000 for fiscal year 2021, of which
$15,000,000 shall be used to carry out subsection (e);
``(2) $63,500,000 for fiscal year 2022;
``(3) $66,150,000 for fiscal year 2023;
``(4) $69,458,000 for fiscal year 2024; and
``(5) $72,930,000 for fiscal year 2025.''.
[[Page S1552]]
(b) Technical Amendment.--The table of contents for the
Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 600)
(as amended by section 1404(a)(2)) is amended by adding at
the end of the items relating to subtitle F of title IX the
following:
``Sec. 969A. Carbon removal.''.
Subtitle E--Nuclear
SEC. 1501. LIGHT WATER REACTOR SUSTAINABILITY PROGRAM.
Section 952 of the Energy Policy Act of 2005 (42 U.S.C.
16272) is amended by striking subsection (b) and inserting
the following:
``(b) Light Water Reactor Sustainability Program.--The
Secretary shall carry out a light water reactor
sustainability program--
``(1) to ensure the achievement of maximum benefits from
existing nuclear generation;
``(2) to accommodate the increase in applications for
nuclear power plant license renewals expected as of the date
of enactment of this subsection;
``(3) to enable the continued operation of existing nuclear
power plants through technology development;
``(4) to improve the performance and reduce the operation
and maintenance costs of nuclear power plants;
``(5) to promote the use of high-performance computing to
simulate nuclear reactor processes;
``(6) to coordinate with other research and development
programs of the Office of Nuclear Energy to ensure that
developed technologies and capabilities are part of an
integrated investment strategy, the overall focus of which is
improving the safety, security, reliability, and economics of
operating nuclear power plants; and
``(7) to focus on--
``(A) new capabilities relating to nuclear energy research
and development;
``(B) enabling technologies beyond individual programs;
``(C) coordinating capabilities among the research and
development programs of the Office of Nuclear Energy;
``(D) examining new classes of materials not considered for
nuclear applications;
``(E) high-risk research, which could potentially overcome
technological limitations; and
``(F) the potential for industry partnerships to develop
technologies relating to storage, hydrogen production, high-
temperature process heat, and other relevant areas.''.
SEC. 1502. NUCLEAR ENERGY RESEARCH, DEVELOPMENT, AND
DEMONSTRATION.
Section 952 of the Energy Policy Act of 2005 (42 U.S.C.
16272) is amended by adding at the end the following:
``(e) Advanced Reactor Technologies Development Program.--
``(1) In general.--The Secretary shall carry out a program
under which the Secretary shall conduct research relating to
the development of innovative nuclear reactor technologies
that may offer improved safety, functionality, and
affordability.
``(2) Requirements.--The program under this subsection
shall--
``(A) support efforts to reduce long-term technical
barriers for advanced nuclear energy systems; and
``(B) be carried out in consultation with the Nuclear
Regulatory Commission to ensure identification of any
relevant concerns.''.
SEC. 1503. ADVANCED FUELS DEVELOPMENT.
Section 953 of the Energy Policy Act of 2005 (42 U.S.C.
16273) is amended--
(1) by redesignating subsections (a) through (d) as
paragraphs (1), (3), (4), and (5), respectively, and
indenting appropriately;
(2) in paragraph (1) (as so redesignated)--
(A) by striking ``this section'' and inserting ``this
subsection'';
(B) by striking ``minimize environmental'' and inserting
``improve fuel cycle performance while minimizing the cost
and complexity of processing, environmental impacts,''; and
(C) by striking ``the Generation IV'';
(3) by inserting after paragraph (1) (as so redesignated)
the following:
``(2) Considerations.--In carrying out activities under the
program, the Secretary shall consider the potential benefits
of those activities for civilian nuclear applications,
environmental remediation, and national security.'';
(4) by inserting after paragraph (5) (as so redesignated)
the following:
``(6) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out the program
$40,000,000 for each of fiscal years 2021 through 2025.'';
(5) by inserting before paragraph (1) (as so redesignated)
the following:
``(a) Material Recovery and Waste Form Development.--'';
and
(6) by adding at the end the following:
``(b) Advanced Fuels.--
``(1) In general.--The Secretary shall carry out a program
to conduct research relating to--
``(A) next-generation light water reactor fuels that
demonstrate improved--
``(i) performance; and
``(ii) accident tolerance; and
``(B) advanced reactor fuels that demonstrate improved--
``(i) proliferation resistance; and
``(ii) use of resources.
``(2) Requirements.--In carrying out the program under this
subsection, the Secretary shall--
``(A) focus on the development of accident-tolerant fuel
and cladding concepts that are capable of achieving initial
commercialization by December 31, 2025;
``(B) conduct studies regarding the means by which those
concepts would impact reactor economics, the fuel cycle,
operations, safety, and the environment;
``(C) subject to paragraph (3), publish the results of the
studies conducted under subparagraph (B); and
``(D) cooperate with institutions of higher education
through the Nuclear Energy University and Integrated Research
Projects programs of the Department.
``(3) Sensitive information.--The Secretary shall not
publish any information under paragraph (2)(C) that is
detrimental to national security, as determined by the
Secretary.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out the program
under this subsection $120,000,000 for each of fiscal years
2021 through 2025.''.
SEC. 1504. NUCLEAR SCIENCE AND ENGINEERING SUPPORT.
(a) In General.--Section 954 of the Energy Policy Act of
2005 (42 U.S.C. 16274) is amended--
(1) in the section heading, by striking ``University
nuclear'' and inserting ``Nuclear'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``this section'' and inserting ``this subsection''; and
(B) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively, and indenting
appropriately;
(3) in subsection (c), by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively, and indenting
appropriately;
(4) in subsection (d)--
(A) in the matter preceding paragraph (1), by striking
``this section'' and inserting ``this subsection''; and
(B) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and indenting
appropriately;
(5) in subsection (e), by striking ``this section'' and
inserting ``this subsection'';
(6) in subsection (f)--
(A) by striking ``this section'' and inserting ``this
subsection''; and
(B) by striking ``subsection (b)(2)'' and inserting
``paragraph (2)(B)'';
(7) by redesignating subsections (a) through (f) as
paragraphs (1), (2), (3), (4), (6), and (7), respectively,
and indenting appropriately;
(8) by inserting after paragraph (4) (as so redesignated)
the following:
``(5) Radiological facilities management.--
``(A) In general.--The Secretary shall carry out a program
under which the Secretary shall provide project management,
technical support, quality engineering and inspection, and
nuclear material support to research reactors located at
universities.
``(B) Authorization of appropriations.--In addition to any
amounts appropriated to carry out the program under this
subsection, there is authorized to be appropriated to the
Secretary to carry out the program under this paragraph
$15,000,000 for each of fiscal years 2021 through 2025.'';
(9) by inserting before paragraph (1) (as so redesignated)
the following:
``(a) University Nuclear Science and Engineering Support.--
''; and
(10) by adding at the end the following:
``(b) Nuclear Energy Apprenticeship Subprogram.--
``(1) Establishment.--In carrying out the program under
subsection (a), the Secretary shall establish a nuclear
energy apprenticeship subprogram under which the Secretary
shall establish competitively awarded traineeships and
apprenticeships in industries that are represented by skilled
labor unions and with universities to provide focused,
graduate-level training to meet highly focused needs through
a tailored academic graduate program that delivers a
curriculum with a rigorous thesis or dissertation research
requirement aligned with the critical needs of the Department
with respect to mission-driven workforce.
``(2) Requirements.--In carrying out the subprogram under
this subsection, the Secretary shall--
``(A) encourage appropriate partnerships among National
Laboratories, affected universities, and industry; and
``(B) on an annual basis, evaluate the needs of the nuclear
energy community to implement traineeships for focused
topical areas addressing mission-specific workforce needs.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out the
subprogram under this subsection $5,000,000 for each of
fiscal years 2021 through 2025.''.
(b) Conforming Amendment.--The table of contents of the
Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 600)
is amended by striking the item relating to section 954 and
inserting the following:
``Sec. 954. Nuclear science and engineering support.''.
SEC. 1505. UNIVERSITY NUCLEAR LEADERSHIP PROGRAM.
Section 313 of the Energy and Water Development and Related
Agencies Appropriations Act, 2009 (42 U.S.C. 16274a), is
amended to read as follows:
``SEC. 313. UNIVERSITY NUCLEAR LEADERSHIP PROGRAM.
``(a) Definitions.--In this section:
[[Page S1553]]
``(1) Advanced nuclear reactor.--The term `advanced nuclear
reactor' means--
``(A) a nuclear fission reactor, including a prototype
plant (as defined in sections 50.2 and 52.1 of title 10, Code
of Federal Regulations (or successor regulations)), with
significant improvements compared to the most recent
generation of fission reactors, including improvements such
as--
``(i) additional inherent safety features;
``(ii) lower waste yields;
``(iii) improved fuel performance;
``(iv) increased tolerance to loss of fuel cooling;
``(v) enhanced reliability;
``(vi) increased proliferation resistance;
``(vii) increased thermal efficiency;
``(viii) reduced consumption of cooling water;
``(ix) the ability to integrate into electric applications
and nonelectric applications;
``(x) modular sizes to allow for deployment that
corresponds with the demand for electricity; or
``(xi) operational flexibility to respond to changes in
demand for electricity and to complement integration with
intermittent renewable energy; and
``(B) a fusion reactor.
``(2) 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)).
``(3) Program.--The term `Program' means the University
Nuclear Leadership Program established under subsection (b).
``(b) Establishment.--The Secretary of Energy, the
Administrator of the National Nuclear Security
Administration, and the Chairman of the Nuclear Regulatory
Commission shall jointly establish a program, to be known as
the `University Nuclear Leadership Program'.
``(c) Use of Funds.--
``(1) In general.--Except as provided in paragraph (2),
amounts made available to carry out the Program shall be used
to provide financial assistance for scholarships,
fellowships, and research and development projects at
institutions of higher education in areas relevant to the
programmatic mission of the applicable Federal agency
providing the financial assistance with respect to research,
development, demonstration, and deployment activities for
technologies relevant to advanced nuclear reactors, including
relevant fuel cycle technologies.
``(2) Exception.--Notwithstanding paragraph (1), amounts
made available to carry out the Program may be used to
provide financial assistance for a scholarship, fellowship,
or multiyear research and development project that does not
align directly with a programmatic mission of the applicable
Federal agency providing the financial assistance, if the
activity for which assistance is provided would facilitate
the maintenance of the discipline of nuclear science or
nuclear engineering.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out the Program for
fiscal year 2021 and each fiscal year thereafter--
``(1) $30,000,000 to the Secretary of Energy, of which
$15,000,000 shall be for use by the Administrator of the
National Nuclear Security Administration; and
``(2) $15,000,000 to the Nuclear Regulatory Commission.''.
SEC. 1506. VERSATILE, REACTOR-BASED FAST NEUTRON SOURCE.
Section 955(c)(1) of the Energy Policy Act of 2005 (42
U.S.C. 16275(c)(1)) is amended--
(1) in the paragraph heading, by striking ``Mission need''
and inserting ``Authorization''; and
(2) in subparagraph (A), by striking ``determine the
mission need'' and inserting ``provide''.
SEC. 1507. ADVANCED NUCLEAR REACTOR RESEARCH AND DEVELOPMENT
GOALS.
(a) In General.--Subtitle E of title IX of the Energy
Policy Act of 2005 (42 U.S.C. 16271 et seq.) is amended by
adding at the end the following:
``SEC. 959A. ADVANCED NUCLEAR REACTOR RESEARCH AND
DEVELOPMENT GOALS.
``(a) Definitions.--In this section:
``(1) Advanced nuclear reactor.--The term `advanced nuclear
reactor' means--
``(A) a nuclear fission reactor, including a prototype
plant (as defined in sections 50.2 and 52.1 of title 10, Code
of Federal Regulations (or successor regulations)), with
significant improvements compared to the most recent
generation of fission reactors, including improvements such
as--
``(i) additional inherent safety features;
``(ii) lower waste yields;
``(iii) improved fuel performance;
``(iv) increased tolerance to loss of fuel cooling;
``(v) enhanced reliability;
``(vi) increased proliferation resistance;
``(vii) increased thermal efficiency;
``(viii) reduced consumption of cooling water;
``(ix) the ability to integrate into electric applications
and nonelectric applications;
``(x) modular sizes to allow for deployment that
corresponds with the demand for electricity; or
``(xi) operational flexibility to respond to changes in
demand for electricity and to complement integration with
intermittent renewable energy; and
``(B) a fusion reactor.
``(2) Demonstration project.--The term `demonstration
project' means an advanced nuclear reactor operated in any
manner, including as part of the power generation facilities
of an electric utility system, for the purpose of
demonstrating the suitability for commercial application of
the advanced nuclear reactor.
``(b) Purpose.--The purpose of this section is to direct
the Secretary, as soon as practicable after the date of
enactment of this section, to advance the research and
development of domestic advanced, affordable, and clean
nuclear energy by--
``(1) demonstrating different advanced nuclear reactor
technologies that could be used by the private sector to
produce--
``(A) emission-free power at a levelized cost of
electricity of $60 per megawatt-hour or less;
``(B) heat for community heating, industrial purposes, or
synthetic fuel production;
``(C) remote or off-grid energy supply; or
``(D) backup or mission-critical power supplies;
``(2) developing subgoals for nuclear energy research
programs that would accomplish the goals of the demonstration
projects carried out under subsection (c);
``(3) identifying research areas that the private sector is
unable or unwilling to undertake due to the cost of, or risks
associated with, the research; and
``(4) facilitating the access of the private sector--
``(A) to Federal research facilities and personnel; and
``(B) to the results of research relating to civil nuclear
technology funded by the Federal Government.
``(c) Demonstration Projects.--
``(1) In general.--The Secretary shall, to the maximum
extent practicable--
``(A) enter into agreements to complete not fewer than 2
demonstration projects by not later than December 31, 2025;
and
``(B) establish a program to enter into agreements to
complete 1 additional operational demonstration project by
not later than December 31, 2035.
``(2) Requirements.--In carrying out demonstration projects
under paragraph (1), the Secretary shall--
``(A) include diversity in designs for the advanced nuclear
reactors demonstrated under this section, including designs
using various--
``(i) primary coolants;
``(ii) fuel types and compositions; and
``(iii) neutron spectra;
``(B) seek to ensure that--
``(i) the long-term cost of electricity or heat for each
design to be demonstrated under this subsection is cost-
competitive in the applicable market;
``(ii) the selected projects can meet the deadline
established in paragraph (1) to demonstrate first-of-a-kind
advanced nuclear reactor technologies, for which additional
information shall be considered, including--
``(I) the technology readiness level of a proposed advanced
nuclear reactor technology;
``(II) the technical abilities and qualifications of teams
desiring to demonstrate a proposed advanced nuclear reactor
technology; and
``(III) the capacity to meet cost-share requirements of the
Department;
``(C) ensure that each evaluation of candidate technologies
for the demonstration projects is completed through an
external review of proposed designs, which review shall--
``(i) be conducted by a panel that includes not fewer than
1 representative of each of--
``(I) an electric utility; and
``(II) an entity that uses high-temperature process heat
for manufacturing or industrial processing, such as a
petrochemical company, a manufacturer of metals, or a
manufacturer of concrete;
``(ii) include a review of cost-competitiveness and other
value streams, together with the technology readiness level,
of each design to be demonstrated under this subsection; and
``(iii) not be required for a demonstration project that
receives no financial assistance from the Department for
construction costs;
``(D) for federally funded demonstration projects, enter
into cost-sharing agreements with private sector partners in
accordance with section 988 for the conduct of activities
relating to the research, development, and demonstration of
private-sector advanced nuclear reactor designs under the
program;
``(E) work with private sector partners to identify
potential sites, including Department-owned sites, for
demonstrations, as appropriate;
``(F) align specific activities carried out under
demonstration projects carried out under this subsection with
priorities identified through direct consultations between--
``(i) the Department;
``(ii) National Laboratories;
``(iii) institutions of higher education;
``(iv) traditional end-users (such as electric utilities);
``(v) potential end-users of new technologies (such as
users of high-temperature process heat for manufacturing
processing, including petrochemical companies, manufacturers
of metals, or manufacturers of concrete); and
``(vi) developers of advanced nuclear reactor technology;
and
``(G) seek to ensure that the demonstration projects
carried out under paragraph (1) do not cause any delay in a
deployment of an advanced reactor by private industry and the
Department that is underway as of the date of enactment of
this section.
[[Page S1554]]
``(3) Additional requirements.--In carrying out
demonstration projects under paragraph (1), the Secretary
shall--
``(A) identify candidate technologies that--
``(i) are not developed sufficiently for demonstration
within the initial required timeframe described in paragraph
(1)(A); but
``(ii) could be demonstrated within the timeframe described
in paragraph (1)(B);
``(B) identify technical challenges to the candidate
technologies identified in subparagraph (A);
``(C) support near-term research and development to address
the highest-risk technical challenges to the successful
demonstration of a selected advanced reactor technology, in
accordance with--
``(i) subparagraph (B); and
``(ii) the research and development activities under
sections 952 and 958;
``(D) establish such technology advisory working groups as
the Secretary determines to be appropriate to advise the
Secretary regarding the technical challenges identified under
subparagraph (B) and the scope of research and development
programs to address the challenges, in accordance with
subparagraph (C), to be comprised of--
``(i) private-sector advanced nuclear reactor technology
developers;
``(ii) technical experts with respect to the relevant
technologies at institutions of higher education; and
``(iii) technical experts at the National Laboratories.
``(d) Goals.--
``(1) In general.--The Secretary shall establish goals for
research relating to advanced nuclear reactors facilitated by
the Department that support the objectives of the program for
demonstration projects established under subsection (c).
``(2) Coordination.--In developing the goals under
paragraph (1), the Secretary shall coordinate, on an ongoing
basis, with members of private industry to advance the
demonstration of various designs of advanced nuclear
reactors.
``(3) Requirements.--In developing the goals under
paragraph (1), the Secretary shall ensure that--
``(A) research activities facilitated by the Department to
meet the goals developed under this subsection are focused on
key areas of nuclear research and deployment ranging from
basic science to full-design development, safety evaluation,
and licensing;
``(B) research programs designed to meet the goals
emphasize--
``(i) resolving materials challenges relating to extreme
environments, including extremely high levels of--
``(I) radiation fluence;
``(II) temperature;
``(III) pressure; and
``(IV) corrosion; and
``(ii) qualification of advanced fuels;
``(C) activities are carried out that address near-term
challenges in modeling and simulation to enable accelerated
design and licensing;
``(D) related technologies, such as technologies to manage,
reduce, or reuse nuclear waste, are developed;
``(E) nuclear research infrastructure is maintained or
constructed, such as--
``(i) currently operational research reactors at the
National Laboratories and institutions of higher education;
``(ii) hot cell research facilities;
``(iii) a versatile fast neutron source; and
``(iv) a molten salt testing facility;
``(F) basic knowledge of non-light water coolant physics
and chemistry is improved;
``(G) advanced sensors and control systems are developed;
and
``(H) advanced manufacturing and advanced construction
techniques and materials are investigated to reduce the cost
of advanced nuclear reactors.''.
(b) Table of Contents.--The table of contents of the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 594; 132
Stat. 3160) is amended--
(1) in the item relating to section 917, by striking
``Efficiency'';
(2) in the items relating to each of sections 957, 958, and
959 by inserting ``Sec.'' before the item number; and
(3) by inserting after the item relating to section 959 the
following:
``Sec. 959A. Advanced nuclear reactor research and development
goals.''.
SEC. 1508. NUCLEAR ENERGY STRATEGIC PLAN.
(a) In General.--Subtitle E of title IX of the Energy
Policy Act of 2005 (42 U.S.C. 16271 et seq.) (as amended by
section 1507(a)) is amended by adding at the end the
following:
``SEC. 959B. NUCLEAR ENERGY STRATEGIC PLAN.
``(a) In General.--Not later than 180 days after the date
of enactment of this section, the Secretary shall submit to
the Committee on Energy and Natural Resources of the Senate
and the Committees on Energy and Commerce and Science, Space,
and Technology of the House of Representatives a 10-year
strategic plan for the Office of Nuclear Energy of the
Department, in accordance with this section.
``(b) Requirements.--
``(1) Components.--The strategic plan under this section
shall designate--
``(A) programs that support the planned accomplishment of--
``(i) the goals established under section 959A; and
``(ii) the demonstration programs identified under
subsection (c) of that section; and
``(B) programs that--
``(i) do not support the planned accomplishment of
demonstration programs, or the goals, referred to in
subparagraph (A); but
``(ii) are important to the mission of the Office of
Nuclear Energy, as determined by the Secretary.
``(2) Program planning.--In developing the strategic plan
under this section, the Secretary shall specify expected
timelines for, as applicable--
``(A) the accomplishment of relevant objectives under
current programs of the Department; or
``(B) the commencement of new programs to accomplish those
objectives.
``(c) Updates.--Not less frequently than once every 2
years, the Secretary shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committees on
Energy and Commerce and Science, Space, and Technology of the
House of Representatives an updated 10-year strategic plan in
accordance with subsection (b), which shall identify, and
provide a justification for, any major deviation from a
previous strategic plan submitted under this section.''.
(b) Table of Contents.--The table of contents of the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 594; 132
Stat. 3160) (as amended by section 1507(b)(3)) is amended by
inserting after the item relating to section 959A the
following:
``Sec. 959B. Nuclear energy strategic plan.''.
SEC. 1509. ADVANCED NUCLEAR FUEL SECURITY PROGRAM.
(a) In General.--Subtitle E of title IX of the Energy
Policy Act of 2005 (42 U.S.C. 16271 et seq.) (as amended by
section 1508(a)) is amended by adding at the end the
following:
``SEC. 960. ADVANCED NUCLEAR FUEL SECURITY PROGRAM.
``(a) Definitions.--In this section:
``(1) HALEU transportation package.--The term `HALEU
transportation package' means a transportation package that
is suitable for transporting high-assay, low-enriched
uranium.
``(2) High-assay, low-enriched uranium.--The term `high-
assay, low-enriched uranium' means uranium with an assay
greater than 5 weight percent, but less than 20 weight
percent, of the uranium-235 isotope.
``(3) High-enriched uranium.--The term `high-enriched
uranium' means uranium with an assay of 20 weight percent or
more of the uranium-235 isotope.
``(b) High-Assay, Low-Enriched Uranium Program for Advanced
Reactors.--
``(1) Establishment.--Not later than 1 year after the date
of enactment of this section, the Secretary shall establish a
program to make available high-assay, low-enriched uranium,
through contracts for sale, resale, transfer, or lease, for
use in commercial or noncommercial advanced nuclear reactors.
``(2) Nuclear fuel ownership.--Each lease under this
subsection shall include a provision establishing that the
high-assay, low-enriched uranium that is the subject of the
lease shall remain the property of the Department, including
with respect to responsibility for the storage, use, or final
disposition of all radioactive waste created by the
irradiation, processing, or purification of any leased high-
assay, low-enriched uranium.
``(3) Quantity.--In carrying out the program under this
subsection, the Secretary shall make available--
``(A) by December 31, 2022, high-assay, low-enriched
uranium containing not less than 2 metric tons of the
uranium-235 isotope; and
``(B) by December 31, 2025, high-assay, low-enriched
uranium containing not less than 10 metric tons of the
uranium-235 isotope (as determined including the quantities
of the uranium-235 isotope made available before December 31,
2022).
``(4) Factors for consideration.--In carrying out the
program under this subsection, the Secretary shall take into
consideration--
``(A) options for providing the high-assay, low-enriched
uranium under this subsection from a stockpile of uranium
owned by the Department (including the National Nuclear
Security Administration), including--
``(i) fuel that--
``(I) directly meets the needs of an end-user; but
``(II) has been previously used or fabricated for another
purpose;
``(ii) fuel that can meet the needs of an end-user after
removing radioactive or other contaminants that resulted from
a previous use or fabrication of the fuel for research,
development, demonstration, or deployment activities of the
Department (including activities of the National Nuclear
Security Administration); and
``(iii) fuel from a high-enriched uranium stockpile, which
can be blended with lower-assay uranium to become high-assay,
low-enriched uranium to meet the needs of an end-user; and
``(B) requirements to support molybdenum-99 production
under the American Medical Isotopes Production Act of 2012
(Public Law 112-239; 126 Stat. 2211).
``(5) Limitation.--The Secretary shall not barter or
otherwise sell or transfer uranium in any form in exchange
for services relating to the final disposition of radioactive
waste from uranium that is the subject of a lease under this
subsection.
``(6) Sunset.--The program under this subsection shall
terminate on the earlier of--
``(A) January 1, 2035; and
``(B) the date on which uranium enriched up to, but not
equal to, 20 weight percent can be obtained in the commercial
market from domestic suppliers.
``(c) Report.--
[[Page S1555]]
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary shall submit to
the appropriate committees of Congress a report that
describes actions proposed to be carried out by the
Secretary--
``(A) under the program under subsection (b); or
``(B) otherwise to enable the commercial use of high-assay,
low-enriched uranium.
``(2) Coordination and stakeholder input.--In developing
the report under this subsection, the Secretary shall seek
input from--
``(A) the Nuclear Regulatory Commission;
``(B) the National Laboratories;
``(C) institutions of higher education;
``(D) producers of medical isotopes;
``(E) a diverse group of entities operating in the nuclear
energy industry; and
``(F) a diverse group of technology developers.
``(3) Cost and schedule estimates.--The report under this
subsection shall include estimated costs, budgets, and
timeframes for enabling the use of high-assay, low-enriched
uranium.
``(4) Required evaluations.--The report under this
subsection shall evaluate--
``(A) the costs and actions required to establish and carry
out the program under subsection (b), including with respect
to--
``(i) proposed preliminary terms for the sale, resale,
transfer, and leasing of high-assay, low-enriched uranium
(including guidelines defining the roles and responsibilities
between the Department and the purchaser, transfer recipient,
or lessee); and
``(ii) the potential to coordinate with purchasers,
transfer recipients, and lessees regarding--
``(I) fuel fabrication; and
``(II) fuel transport;
``(B) the potential sources and fuel forms available to
provide uranium for the program under subsection (b);
``(C) options to coordinate the program under subsection
(b) with the operation of the versatile, reactor-based fast
neutron source under section 959A;
``(D) the ability of the domestic uranium market to provide
materials for advanced nuclear reactor fuel; and
``(E) any associated legal, regulatory, and policy issues
that should be addressed to enable--
``(i) the program under subsection (b); and
``(ii) the establishment of a domestic industry capable of
providing high-assay, low-enriched uranium for commercial and
noncommercial purposes, including with respect to the needs
of--
``(I) the Department;
``(II) the Department of Defense; and
``(III) the National Nuclear Security Administration.
``(d) HALEU Transportation Package Research Program.--
``(1) In general.--As soon as practicable after the date of
enactment of this section, the Secretary shall establish a
research, development, and demonstration program under which
the Secretary shall provide financial assistance, on a
competitive basis, to establish the capability to transport
high-assay, low-enriched uranium.
``(2) Requirement.--The focus of the program under this
subsection shall be to establish 1 or more HALEU
transportation packages that can be certified by the Nuclear
Regulatory Commission to transport high-assay, low-enriched
uranium to the various facilities involved in producing or
using nuclear fuel containing high-assay, low-enriched
uranium, such as--
``(A) enrichment facilities;
``(B) fuel processing facilities;
``(C) fuel fabrication facilities; and
``(D) nuclear reactors.''.
(b) Clerical Amendment.--The table of contents of the
Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 594;
132 Stat. 3160) (as amended by section 1508(b)) is amended by
inserting after the item relating to section 959B the
following:
``Sec. 960. Advanced nuclear fuel security program.''.
SEC. 1510. INTERNATIONAL NUCLEAR ENERGY COOPERATION.
(a) In General.--Subtitle H of Title IX of the Energy
Policy Act of 2005 (42 U.S.C. 16341 et seq.) is amended by
adding at the end the following:
``SEC. 986B. INTERNATIONAL NUCLEAR ENERGY COOPERATION.
``(a) In General.--The Secretary shall carry out a program
to develop bilateral collaboration initiatives with a variety
of countries through--
``(1) research and development agreements;
``(2) other relevant arrangements and action plan updates;
and
``(3) maintaining existing multilateral cooperation
commitments of--
``(A) the International Framework for Nuclear Energy
Cooperation;
``(B) the Generation IV International Forum;
``(C) the International Atomic Energy Agency; and
``(D) any other international collaborative effort with
respect to advanced nuclear reactor operations and safety.
``(b) Subprogram.--
``(1) In general.--In carrying out the program under
subsection (a), the Secretary shall establish a subprogram
that shall--
``(A) support diplomatic, nonproliferation, climate, and
international economic objectives for the safe, secure, and
peaceful use of nuclear technology in countries developing
nuclear energy programs, with a focus on countries that have
increased civil nuclear cooperation with Russia and China;
and
``(B) be modeled after the International Military Education
and Training program of the Department of State.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out the
subprogram under this subsection $5,500,000 for each of
fiscal years 2021 through 2025.
``(c) Requirements.--The program under subsection (a) shall
be carried out--
``(1) to facilitate, to the maximum extent practicable,
workshops and expert-based exchanges to engage industry,
stakeholders, and foreign governments regarding international
civil nuclear issues, such as training, financing, safety,
and options for multinational cooperation on used nuclear
fuel disposal; and
``(2) in coordination with--
``(A) the National Security Council;
``(B) the Secretary of State;
``(C) the Secretary of Commerce; and
``(D) the Nuclear Regulatory Commission.''.
(b) Conforming Amendment.--The table of contents of the
Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 600)
is amended by inserting after the item relating to section
986A the following:
``Sec. 986B. International nuclear energy cooperation.''.
SEC. 1511. INTEGRATED ENERGY SYSTEMS PROGRAM.
(a) Program.--
(1) Establishment.--
(A) In general.--The Secretary shall establish a program,
to be known as the ``Integrated Energy Systems Program''
(referred to in this subsection as the ``program'')--
(i) to maximize energy production and efficiency;
(ii) to develop energy systems involving the integration of
nuclear energy with renewable energy, fossil energy, and
energy storage; and
(iii) to expand the use of emissions-reducing energy
technologies into nonelectric sectors to achieve significant
reductions in environmental emissions.
(B) Program administration; partners.--The program shall be
carried out by the Under Secretary of Energy, in partnership
with--
(i) relevant offices within the Department;
(ii) National Laboratories;
(iii) institutions of higher education; and
(iv) the private sector.
(C) Goals and milestones.--The Secretary shall establish
quantitative goals and milestones for the program.
(2) Research areas.--Research areas under the program may
include--
(A) technology innovation to further the expansion of
emissions-reducing energy technologies to accommodate a
modern, resilient grid system by--
(i) effectively leveraging multiple energy sources;
(ii) enhancing and streamlining engineering design;
(iii) carrying out process demonstrations to optimize
performance; and
(iv) streamlining regulatory review;
(B) advanced power cycles, energy extraction, and
processing of complex hydrocarbons to produce high-value
chemicals;
(C) efficient use of emissions-reducing energy technologies
for hydrogen production to support transportation and
industrial needs;
(D) enhancement and acceleration of domestic manufacturing
and desalinization technologies and processes by optimally
using clean energy sources;
(E) more effective thermal energy use, transport, and
storage;
(F) the demonstration of nuclear energy for--
(i) the production of chemicals, metals, and fuels;
(ii) the capture, use, and storage of carbon;
(iii) renewable integration with an integrated energy
system;
(iv) conversion of carbon feedstock, such as coal, biomass,
natural gas, and refuse waste, to higher value nonelectric
commodities; and
(v) the generation of heat used, directly or through an
energy storage system, in a variety of processes that may
include electricity, hydrogen, or other industrial
applications;
(G) the development of new analysis capabilities to
identify the best ways--
(i) to leverage multiple energy sources in a given region;
and
(ii) to quantify the benefits of integrated energy systems;
and
(H) any other area that, as determined by the Secretary,
meets the purpose and goals of the program.
(3) Grants.--The Secretary may award grants under the
program to support the goals of the program.
(b) Report on Duplicative Programs.--Not later than 1 year
after the date of enactment of this Act, and annually
thereafter, the Secretary shall submit to Congress a report
identifying any program that is duplicative of the program
established under subsection (a)(1)(A).
Subtitle F--Industrial Technologies
PART I--INNOVATION
SEC. 1601. PURPOSE.
The purpose of this part and the amendments made by this
part is to encourage the development and evaluation of
innovative technologies aimed at increasing--
[[Page S1556]]
(1) the technological and economic competitiveness of
industry and manufacturing in the United States; and
(2) the emissions reduction of nonpower industrial sectors.
SEC. 1602. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY
EFFICIENT TECHNOLOGIES FOR INDUSTRY.
Section 6(a) of the American Energy Manufacturing Technical
Corrections Act (42 U.S.C. 6351(a)) is amended--
(1) by striking ``Industrial Technologies Program'' each
place it appears and inserting ``Advanced Manufacturing
Office''; and
(2) in the matter preceding paragraph (1), by striking
``Office of Energy'' and all that follows through ``Office of
Science'' and inserting ``Department of Energy''.
SEC. 1603. INDUSTRIAL EMISSIONS REDUCTION TECHNOLOGY
DEVELOPMENT PROGRAM.
(a) In General.--The Energy Independence and Security Act
of 2007 is amended by inserting after section 454 (as added
by section 1022(b)) the following:
``SEC. 455. INDUSTRIAL EMISSIONS REDUCTION TECHNOLOGY
DEVELOPMENT PROGRAM.
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
the Office of Science and Technology Policy.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a scientist or other individual with knowledge and
expertise in emissions reduction;
``(B) an institution of higher education;
``(C) a nongovernmental organization;
``(D) a National Laboratory;
``(E) a private entity; and
``(F) a partnership or consortium of 2 or more entities
described in subparagraphs (B) through (E).
``(3) Emissions reduction.--
``(A) In general.--The term `emissions reduction' means the
reduction, to the maximum extent practicable, of net nonwater
greenhouse gas emissions to the atmosphere by energy services
and industrial processes.
``(B) Exclusion.--The term `emissions reduction' does not
include the elimination of carbon embodied in the principal
products of industrial manufacturing.
``(4) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(5) Program.--The term `program' means the program
established under subsection (b)(1).
``(b) Industrial Emissions Reduction Technology Development
Program.--
``(1) In general.--Not later than 1 year after the date of
enactment of the American Energy Innovation Act of 2020, the
Secretary, in consultation with the Director, the heads of
relevant Federal agencies, National Laboratories, industry,
and institutions of higher education, shall establish a
crosscutting industrial emissions reduction technology
development program of research, development, demonstration,
and commercial application to further the development and
commercialization of innovative technologies that--
``(A) increase the technological and economic
competitiveness of industry and manufacturing in the United
States;
``(B) increase the viability and competitiveness of United
States industrial technology exports; and
``(C) achieve emissions reduction in nonpower industrial
sectors.
``(2) Coordination.--In carrying out the program, the
Secretary shall--
``(A) coordinate with each relevant office in the
Department and any other Federal agency;
``(B) coordinate and collaborate with the Industrial
Technology Innovation Advisory Committee established under
section 456; and
``(C) coordinate and seek to avoid duplication with the
energy-intensive industries program established under section
452.
``(3) Leverage of existing resources.--In carrying out the
program, the Secretary shall leverage, to the maximum extent
practicable--
``(A) existing resources and programs of the Department and
other relevant Federal agencies; and
``(B) public-private partnerships.
``(c) Focus Areas.--The program shall focus on--
``(1) industrial production processes, including
technologies and processes that--
``(A) achieve emissions reduction in high-emissions
industrial materials production processes, including
production processes for iron, steel, steel mill products,
aluminum, cement, glass, pulp, paper, and industrial
ceramics;
``(B) achieve emissions reduction in medium- and high-
temperature heat generation, including--
``(i) through electrification of heating processes;
``(ii) through renewable heat generation technology;
``(iii) through combined heat and power; and
``(iv) by switching to alternative fuels, including
hydrogen and nuclear energy;
``(C) achieve emissions reduction in chemical production
processes, including by incorporating, if appropriate and
practicable, principles, practices, and methodologies of
sustainable, green chemistry and engineering;
``(D) leverage smart manufacturing technologies and
principles, digital manufacturing technologies, and advanced
data analytics to develop advanced technologies and practices
in information, automation, monitoring, computation, sensing,
modeling, and networking to--
``(i) model and simulate manufacturing production lines;
``(ii) monitor and communicate production line status;
``(iii) manage and optimize energy productivity and cost
throughout production; and
``(iv) model, simulate, and optimize the energy efficiency
of manufacturing processes;
``(E) leverage the principles of sustainable manufacturing
and sustainable chemistry to minimize the negative
environmental impacts of manufacturing while conserving
energy and resources, including--
``(i) by designing products that enable reuse,
refurbishment, remanufacturing, and recycling;
``(ii) by minimizing waste from industrial processes,
including through the reuse of waste as other resources in
other industrial processes for mutual benefit; and
``(iii) by increasing resource efficiency; and
``(F) increase the energy efficiency of industrial
processes;
``(2) alternative materials that produce fewer emissions
during production and result in fewer emissions during use;
``(3) development of net-zero emissions liquid and gaseous
fuels;
``(4) emissions reduction in shipping, aviation, and long
distance transportation;
``(5) carbon capture technologies for industrial processes;
``(6) other technologies that achieve net-zero emissions in
nonpower industrial sectors, as determined by the Secretary,
in consultation with the Director; and
``(7) high-performance computing to develop advanced
materials and manufacturing processes contributing to the
focus areas described in paragraphs (1) through (6),
including--
``(A) modeling, simulation, and optimization of the design
of energy efficient and sustainable products; and
``(B) the use of digital prototyping and additive
manufacturing to enhance product design.
``(d) Grants, Contracts, Cooperative Agreements, and
Demonstration Projects.--
``(1) Grants.--In carrying out the program, the Secretary
shall award grants on a competitive basis to eligible
entities for projects that the Secretary determines would
best achieve the goals of the program.
``(2) Contracts and cooperative agreements.--In carrying
out the program, the Secretary may enter into contracts and
cooperative agreements with eligible entities and Federal
agencies for projects that the Secretary determines would
further the purposes of the program.
``(3) Demonstration projects.--In supporting technologies
developed under this section, the Secretary shall fund
demonstration projects that test and validate technologies
described in subsection (c).
``(4) Application.--An entity seeking funding or a contract
or agreement under this subsection shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(5) Cost sharing.--In awarding funds under this section,
the Secretary shall require cost sharing in accordance with
section 988 of the Energy Policy Act of 2005 (42 U.S.C.
16352).''.
(b) Technical Amendment.--The table of contents of the
Energy Independence and Security Act of 2007 (Public Law 110-
140; 121 Stat. 1494) (as amended by section 1022(c)) is
amended by inserting after the item relating to section 454
the following:
``Sec. 455. Industrial emissions reduction technology development
program.''.
SEC. 1604. INDUSTRIAL TECHNOLOGY INNOVATION ADVISORY
COMMITTEE.
(a) In General.--The Energy Independence and Security Act
of 2007 is amended by inserting after section 455 (as added
by section 1603(a)) the following:
``SEC. 456. INDUSTRIAL TECHNOLOGY INNOVATION ADVISORY
COMMITTEE.
``(a) Definitions.--In this section:
``(1) Committee.--The term `Committee' means the Industrial
Technology Innovation Advisory Committee established under
subsection (b).
``(2) Director.--The term `Director' means the Director of
the Office of Science and Technology Policy.
``(3) Emissions reduction.--The term `emissions reduction'
has the meaning given the term in section 455(a).
``(4) Program.--The term `program' means the industrial
emissions reduction technology development program
established under section 455(b)(1).
``(b) Establishment.--Not later than 180 days after the
date of enactment of the American Energy Innovation Act of
2020, the Secretary, in consultation with the Director, shall
establish an advisory committee, to be known as the
`Industrial Technology Innovation Advisory Committee'.
``(c) Membership.--
``(1) Appointment.--The Committee shall be comprised of not
fewer than 14 members and not more than 18 members, who shall
be appointed by the Secretary, in consultation with the
Director.
[[Page S1557]]
``(2) Representation.--Members appointed pursuant to
paragraph (1) shall include--
``(A) not less than 1 representative of each relevant
Federal agency, as determined by the Secretary;
``(B) the Chair of the Secretary of Energy Advisory Board,
if that position is filled;
``(C) not less than 2 representatives of labor groups;
``(D) not less than 3 representatives of the research
community, which shall include academia and National
Laboratories;
``(E) not less than 2 representatives of nongovernmental
organizations;
``(F) not less than 6 representatives of small- and large-
scale industry, the collective expertise of which shall cover
every focus area described in section 455(c); and
``(G) any other individuals the Secretary, in coordination
with the Director, determines to be necessary to ensure that
the Committee is comprised of a diverse group of
representatives of industry, academia, independent
researchers, and public and private entities.
``(3) Chair.--The Secretary shall designate a member of the
Committee to serve as Chair.
``(d) Duties.--
``(1) In general.--The Committee shall--
``(A) in consultation with the Secretary and the Director,
propose missions and goals for the program, which shall be
consistent with the purposes of the program described in
section 455(b)(1); and
``(B) advise the Secretary with respect to the program--
``(i) by identifying and evaluating any technologies being
developed by the private sector relating to the focus areas
described in section 455(c);
``(ii) by identifying technology gaps in the private sector
in those focus areas, and making recommendations to address
those gaps;
``(iii) by surveying and analyzing factors that prevent the
adoption of emissions reduction technologies by the private
sector; and
``(iv) by recommending technology screening criteria for
technology developed under the program to encourage adoption
of the technology by the private sector; and
``(C) develop the strategic plan described in paragraph
(2).
``(2) Strategic plan.--
``(A) Purpose.--The purpose of the strategic plan developed
under paragraph (1)(C) is to achieve the goals of the program
in the focus areas described in section 455(c).
``(B) Contents.--The strategic plan developed under
paragraph (1)(C) shall--
``(i) specify near-term and long-term qualitative and
quantitative objectives relating to each focus area described
in section 455(c), including research, development,
demonstration, and commercial application objectives;
``(ii) specify the anticipated timeframe for achieving the
objectives specified under clause (i);
``(iii) include plans for developing emissions reduction
technologies that are globally cost-competitive;
``(iv) identify the public and private costs of achieving
the objectives specified under clause (i); and
``(v) estimate the economic and employment impact in the
United States of achieving those objectives.
``(e) Meetings.--
``(1) Frequency.--The Committee shall meet not less
frequently than 2 times per year, at the call of the Chair.
``(2) Initial meeting.--Not later than 30 days after the
date on which the members are appointed under subsection (b),
the Committee shall hold its first meeting.
``(f) Committee Report.--
``(1) In general.--Not later than 2 years after the date of
enactment of the American Energy Innovation Act of 2020, and
not less frequently than once every 3 years thereafter, the
Committee shall submit to the Secretary a report on the
progress of achieving the purposes of the program.
``(2) Contents.--The report under paragraph (1) shall
include--
``(A) a description of any technology innovation
opportunities identified by the Committee;
``(B) a description of any technology gaps identified by
the Committee under subsection (d)(1)(B)(ii);
``(C) recommendations for improving technology screening
criteria and management of the program;
``(D) an evaluation of the progress of the program and the
research and development funded under the program;
``(E) any recommended changes to the focus areas of the
program described in section 455(c);
``(F) a description of the manner in which the Committee
has carried out the duties described in subsection (d)(1) and
any relevant findings as a result of carrying out those
duties;
``(G) if necessary, an update to the strategic plan
developed by the Committee under subsection (d)(1)(C);
``(H) the progress made in achieving the goals set out in
that strategic plan;
``(I) a review of the management, coordination, and
industry utility of the program;
``(J) an assessment of the extent to which progress has
been made under the program in developing commercial, cost-
competitive technologies in each focus area described in
section 455(c); and
``(K) an assessment of the effectiveness of the program in
coordinating efforts within the Department and with other
Federal agencies to achieve the purposes of the program.
``(g) Report to Congress.--Not later than 60 days after
receiving a report from the Committee under subsection (f),
the Secretary shall submit a copy of that report to the
Committees on Appropriations and Science, Space, and
Technology of the House of Representatives, the Committees on
Appropriations and Energy and Natural Resources of the
Senate, and any other relevant Committee of Congress.
``(h) Applicability of Federal Advisory Committee Act.--
Except as otherwise provided in this section, the Federal
Advisory Committee Act (5 U.S.C. App.) shall apply to the
Committee.''.
(b) Technical Amendment.--The table of contents of the
Energy Independence and Security Act of 2007 (Public Law 110-
140; 121 Stat. 1494) (as amended by section 1603(b)) is
amended by inserting after the item relating to section 455
the following:
``Sec. 456. Industrial Technology Innovation Advisory Committee.''.
SEC. 1605. TECHNICAL ASSISTANCE PROGRAM TO IMPLEMENT
INDUSTRIAL EMISSIONS REDUCTION.
(a) In General.--The Energy Independence and Security Act
of 2007 is amended by inserting after section 456 (as added
by section 1604(a)) the following:
``SEC. 457. TECHNICAL ASSISTANCE PROGRAM TO IMPLEMENT
INDUSTRIAL EMISSIONS REDUCTION.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) a unit of local government;
``(C) a territory or possession of the United States;
``(D) a relevant State or local office, including an energy
office;
``(E) a tribal organization (as defined in section 3765 of
title 38, United States Code);
``(F) an institution of higher education; and
``(G) a private entity.
``(2) Emissions reduction.--The term `emissions reduction'
has the meaning given the term in section 455(a).
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(4) Program.--The term `program' means the program
established under subsection (b).
``(b) Establishment.--Not later than 180 days after the
date of enactment of the American Energy Innovation Act of
2020, the Secretary shall establish a program to provide
technical assistance to eligible entities to carry out an
activity described in subsection (c).
``(c) Activities Described.--An activity referred to in
subsection (b) is any of the following activities carried out
for the purpose of achieving emissions reduction in nonpower
industrial sectors:
``(1) Adopting emissions reduction technologies.
``(2) Establishing goals and priorities to accelerate the
development and evaluation of relevant technologies.
``(3) Developing collaborations across States, local
governments, and territories and possessions of the United
States.
``(4) Reviewing the appropriate emissions reduction
technologies available for a particular eligible entity.
``(5) Developing a roadmap for implementing emissions
reduction technologies for a particular eligible entity.
``(6) Any other activity determined appropriate by the
Secretary.
``(d) Applications.--
``(1) In general.--An eligible entity desiring technical
assistance under the program shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Application process.--The Secretary shall seek
applications for technical assistance under the program on a
periodic basis, but not less frequently than once every 12
months.
``(3) Factors for consideration.--In selecting eligible
entities for technical assistance under the program, the
Secretary shall--
``(A) give priority to--
``(i) activities carried out with technical assistance
under the program that have the greatest potential for
achieving emissions reduction in nonpower industrial sectors;
``(ii) activities carried out in a State in which there are
active or inactive industrial facilities that may be used or
retrofitted to carry out activities under the focus areas
described in section 455(c); and
``(iii) activities carried out in an economically
distressed area (as described in section 301(a) of the Public
Works and Economic Development Act of 1965 (42 U.S.C.
3161(a))); and
``(B) ensure that--
``(i) there is geographic diversity among the eligible
entities selected; and
``(ii) the activities carried out with technical assistance
under the program reflect a majority of the focus areas
described in section 455(c).''.
(b) Technical Amendment.--The table of contents of the
Energy Independence and Security Act of 2007 (Public Law 110-
140; 121 Stat. 1494) (as amended by section 1604(b)) is
amended by inserting after the item relating to section 456
the following:
[[Page S1558]]
``Sec. 457. Technical assistance program to implement industrial
emissions reduction.''.
PART II--SMART MANUFACTURING
SEC. 1611. DEFINITIONS.
In this part:
(1) Energy management system.--The term ``energy management
system'' means a business management process based on
standards of the American National Standards Institute that
enables an organization to follow a systematic approach in
achieving continual improvement of energy performance,
including energy efficiency, security, use, and consumption.
(2) Industrial assessment center.--The term ``industrial
assessment center'' means a center located at an institution
of higher education that--
(A) receives funding from the Department;
(B) provides an in-depth assessment of small- and medium-
size manufacturer plant sites to evaluate the facilities,
services, and manufacturing operations of the plant site; and
(C) identifies opportunities for potential savings for
small- and medium-size manufacturer plant sites from energy
efficiency improvements, waste minimization, pollution
prevention, and productivity improvement.
(3) Information and communication technology.--The term
``information and communication technology'' means any
electronic system or equipment (including the content
contained in the system or equipment) used to create,
convert, communicate, or duplicate data or information,
including computer hardware, firmware, software,
communication protocols, networks, and data interfaces.
(4) 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)).
(5) North american industry classification system.--The
term ``North American Industry Classification System'' means
the standard used by Federal statistical agencies in
classifying business establishments for the purpose of
collecting, analyzing, and publishing statistical data
relating to the business economy of the United States.
(6) Small and medium manufacturers.--The term ``small and
medium manufacturers'' means manufacturing firms--
(A) classified in the North American Industry
Classification System as any of sectors 31 through 33;
(B) with gross annual sales of less than $100,000,000;
(C) with fewer than 500 employees at the plant site; and
(D) with annual energy bills totaling more than $100,000
and less than $2,500,000.
(7) Smart manufacturing.--The term ``smart manufacturing''
means advanced technologies in information, automation,
monitoring, computation, sensing, modeling, artificial
intelligence, analytics, and networking that--
(A) digitally--
(i) simulate manufacturing production lines;
(ii) operate computer-controlled manufacturing equipment;
(iii) monitor and communicate production line status; and
(iv) manage and optimize energy productivity and cost
throughout production;
(B) model, simulate, and optimize the energy efficiency of
a factory building;
(C) monitor and optimize building energy performance;
(D) model, simulate, and optimize the design of energy
efficient and sustainable products, including the use of
digital prototyping and additive manufacturing to enhance
product design;
(E) connect manufactured products in networks to monitor
and optimize the performance of the networks, including
automated network operations; and
(F) digitally connect the supply chain network.
SEC. 1612. DEVELOPMENT OF NATIONAL SMART MANUFACTURING PLAN.
(a) In General.--Not later than 3 years after the date of
enactment of this Act, the Secretary, in consultation with
the National Academies, shall develop and complete a national
plan for smart manufacturing technology development and
deployment to improve the productivity and energy efficiency
of the manufacturing sector of the United States.
(b) Content.--
(1) In general.--The plan developed under subsection (a)
shall identify areas in which agency actions by the Secretary
and other heads of relevant Federal agencies would--
(A) facilitate quicker development, deployment, and
adoption of smart manufacturing technologies and processes;
(B) result in greater energy efficiency and lower
environmental impacts for all American manufacturers; and
(C) enhance competitiveness and strengthen the
manufacturing sectors of the United States.
(2) Inclusions.--Agency actions identified under paragraph
(1) shall include--
(A) an assessment of previous and current actions of the
Department relating to smart manufacturing;
(B) the establishment of voluntary interconnection
protocols and performance standards;
(C) the use of smart manufacturing to improve energy
efficiency and reduce emissions in supply chains across
multiple companies;
(D) actions to increase cybersecurity in smart
manufacturing infrastructure;
(E) deployment of existing research results;
(F) the leveraging of existing high-performance computing
infrastructure; and
(G) consideration of the impact of smart manufacturing on
existing manufacturing jobs and future manufacturing jobs.
(c) Biennial Revisions.--Not later than 2 years after the
date on which the Secretary completes the plan under
subsection (a), and not less frequently than once every 2
years thereafter, the Secretary shall revise the plan to
account for advancements in information and communication
technology and manufacturing needs.
(d) Report.--Annually until the completion of the plan
under subsection (a), the Secretary shall submit to Congress
a report on the progress made in developing the plan.
(e) Funding.--The Secretary shall use unobligated funds of
the Department to carry out this section.
SEC. 1613. LEVERAGING EXISTING AGENCY PROGRAMS TO ASSIST
SMALL AND MEDIUM MANUFACTURERS.
(a) Expansion of Technical Assistance Programs.--The
Secretary shall expand the scope of technologies covered by
the Industrial Assessment Centers of the Department--
(1) to include smart manufacturing technologies and
practices; and
(2) to equip the directors of the Industrial Assessment
Centers with the training and tools necessary to provide
technical assistance in smart manufacturing technologies and
practices, including energy management systems, to
manufacturers.
(b) Funding.--The Secretary shall use unobligated funds of
the Department to carry out this section.
SEC. 1614. LEVERAGING SMART MANUFACTURING INFRASTRUCTURE AT
NATIONAL LABORATORIES.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall conduct a study on
how the Department can increase access to existing high-
performance computing resources in the National Laboratories,
particularly for small and medium manufacturers.
(2) Inclusions.--In identifying ways to increase access to
National Laboratories under paragraph (1), the Secretary
shall--
(A) focus on increasing access to the computing facilities
of the National Laboratories; and
(B) ensure that--
(i) the information from the manufacturer is protected; and
(ii) the security of the National Laboratory facility is
maintained.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the results of the study.
(b) Actions for Increased Access.--The Secretary shall
facilitate access to the National Laboratories studied under
subsection (a) for small and medium manufacturers so that
small and medium manufacturers can fully use the high-
performance computing resources of the National Laboratories
to enhance the manufacturing competitiveness of the United
States.
SEC. 1615. STATE MANUFACTURING LEADERSHIP.
(a) Financial Assistance Authorized.--The Secretary may
provide financial assistance on a competitive basis to States
for the establishment of programs to be used as models for
supporting the implementation of smart manufacturing
technologies.
(b) Applications.--
(1) In general.--To be eligible to receive financial
assistance under this section, a State shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(2) Criteria.--The Secretary shall evaluate an application
for financial assistance under this section on the basis of
merit using criteria identified by the Secretary, including--
(A) technical merit, innovation, and impact;
(B) research approach, workplan, and deliverables;
(C) academic and private sector partners; and
(D) alternate sources of funding.
(c) Requirements.--
(1) Term.--The term of an award of financial assistance
under this section shall not exceed 3 years.
(2) Maximum amount.--The amount of an award of financial
assistance under this section shall be not more than
$2,000,000.
(3) Matching requirement.--Each State that receives
financial assistance under this section shall contribute
matching funds in an amount equal to not less than 30 percent
of the amount of the financial assistance.
(d) Use of Funds.--
(1) In general.--A State may use financial assistance
provided under this section--
(A) to facilitate access to high-performance computing
resources for small and medium manufacturers; and
(B) to provide assistance to small and medium manufacturers
to implement smart manufacturing technologies and practices.
(e) Evaluation.--The Secretary shall conduct semiannual
evaluations of each award of financial assistance under this
section--
(1) to determine the impact and effectiveness of programs
funded with the financial assistance; and
(2) to provide guidance to States on ways to better execute
the program of the State.
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(f) Authorization.--There is authorized to be appropriated
to the Secretary to carry out this section $10,000,000 for
each of fiscal years 2021 through 2024.
SEC. 1616. REPORT.
The Secretary annually shall submit to Congress and make
publicly available a report on the progress made in advancing
smart manufacturing in the United States.
Subtitle G--Vehicles
SEC. 1701. OBJECTIVES.
The objectives of this subtitle are--
(1) to establish a consistent and consolidated authority
for the vehicle technology program at the Department;
(2) to develop United States technologies and practices
that--
(A) improve the fuel efficiency and emissions of all
vehicles produced in the United States; and
(B) reduce vehicle reliance on petroleum-based fuels;
(3) to support domestic research, development, engineering,
demonstration, and commercial application and manufacturing
of advanced vehicles, engines, and components;
(4) to enable vehicles to move larger volumes of goods and
more passengers with less energy and emissions;
(5) to develop cost-effective advanced technologies for
wide-scale utilization throughout the passenger, commercial,
government, and transit vehicle sectors;
(6) to allow for greater consumer choice of vehicle
technologies and fuels;
(7) shorten technology development and integration cycles
in the vehicle industry;
(8) to ensure a proper balance and diversity of Federal
investment in vehicle technologies; and
(9) to strengthen partnerships between Federal and State
governmental agencies and the private and academic sectors.
SEC. 1702. COORDINATION AND NONDUPLICATION.
The Secretary shall ensure, to the maximum extent
practicable, that the activities authorized by this subtitle
do not duplicate those of other programs within the
Department or other relevant research agencies.
SEC. 1703. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary
for research, development, engineering, demonstration, and
commercial application of vehicles and related technologies
in the United States, including activities authorized under
this subtitle--
(1) for fiscal year 2021, $313,567,000;
(2) for fiscal year 2022, $326,109,000;
(3) for fiscal year 2023, $339,154,000;
(4) for fiscal year 2024, $352,720,000; and
(5) for fiscal year 2025, $366,829,000.
SEC. 1704. REPORTING.
(a) Technologies Developed.--Not later than 18 months after
the date of enactment of this Act and annually thereafter
through 2025, the Secretary shall submit to Congress a report
regarding the technologies developed as a result of the
activities authorized by this subtitle, with a particular
emphasis on whether the technologies were successfully
adopted for commercial applications, and if so, whether
products relying on those technologies are manufactured in
the United States.
(b) Additional Matters.--At the end of each fiscal year
through 2025, the Secretary shall submit to the relevant
Congressional committees of jurisdiction an annual report
describing activities undertaken in the previous year under
this subtitle, active industry participants, the status of
public-private partnerships, progress of the program in
meeting goals and timelines, and a strategic plan for funding
of activities across agencies.
SEC. 1705. VEHICLE RESEARCH AND DEVELOPMENT.
(a) Program.--
(1) Activities.--The Secretary shall conduct a program of
basic and applied research, development, engineering,
demonstration, and commercial application activities on
materials, technologies, and processes with the potential to
substantially reduce or eliminate petroleum use and the
emissions of the passenger and commercial vehicles of the
United States, including activities in the areas of--
(A) electrification of vehicle systems;
(B) batteries, ultracapacitors, and other energy storage
devices;
(C) power electronics;
(D) vehicle, component, and subsystem manufacturing
technologies and processes;
(E) engine efficiency and combustion optimization;
(F) waste heat recovery;
(G) transmission and drivetrains;
(H) hydrogen vehicle technologies, including fuel cells and
internal combustion engines, and hydrogen infrastructure,
including hydrogen energy storage to enable renewables and
provide hydrogen for fuel and power;
(I) natural gas vehicle technologies;
(J) aerodynamics, rolling resistance (including tires and
wheel assemblies), and accessory power loads of vehicles and
associated equipment;
(K) vehicle weight reduction, including lightweighting
materials and the development of manufacturing processes to
fabricate, assemble, and use dissimilar materials;
(L) friction and wear reduction;
(M) engine and component durability;
(N) innovative propulsion systems;
(O) advanced boosting systems;
(P) hydraulic hybrid technologies;
(Q) engine compatibility with and optimization for a
variety of transportation fuels including natural gas and
other liquid and gaseous fuels;
(R) predictive engineering, modeling, and simulation of
vehicle and transportation systems;
(S) refueling and charging infrastructure for alternative
fueled and electric or plug-in electric hybrid vehicles,
including the unique challenges facing rural areas;
(T) gaseous fuels storage systems and system integration
and optimization;
(U) sensing, communications, and actuation technologies for
vehicle, electrical grid, and infrastructure;
(V) efficient use, substitution, and recycling of
potentially critical materials in vehicles, including rare
earth elements and precious metals, at risk of supply
disruption;
(W) aftertreatment technologies;
(X) thermal management of battery systems;
(Y) retrofitting advanced vehicle technologies to existing
vehicles;
(Z) development of common standards, specifications, and
architectures for both transportation and stationary battery
applications;
(AA) advanced internal combustion engines;
(BB) mild hybrid;
(CC) engine down speeding;
(DD) vehicle-to-vehicle, vehicle-to-pedestrian, and
vehicle-to-infrastructure technologies; and
(EE) other research areas as determined by the Secretary.
(2) Transformational technology.--The Secretary shall
ensure that the Department continues to support research,
development, engineering, demonstration, and commercial
application activities and maintains competency in mid- to
long-term transformational vehicle technologies with
potential to achieve reductions in emissions, including
activities in the areas of--
(A) hydrogen vehicle technologies, including fuel cells,
hydrogen storage, infrastructure, and activities in hydrogen
technology validation and safety codes and standards;
(B) multiple battery chemistries and novel energy storage
devices, including nonchemical batteries and
electromechanical storage technologies such as hydraulics,
flywheels, and compressed air storage;
(C) communication and connectivity among vehicles,
infrastructure, and the electrical grid; and
(D) other innovative technologies research and development,
as determined by the Secretary.
(3) Industry participation.--
(A) In general.--To the maximum extent practicable,
activities under this subtitle shall be carried out in
partnership or collaboration with automotive manufacturers,
heavy commercial, vocational, and transit vehicle
manufacturers, qualified plug-in electric vehicle
manufacturers, compressed natural gas vehicle manufacturers,
vehicle and engine equipment and component manufacturers,
manufacturing equipment manufacturers, advanced vehicle
service providers, fuel producers and energy suppliers,
electric utilities, universities, National Laboratories, and
independent research laboratories.
(B) Requirements.--In carrying out this subtitle, the
Secretary shall--
(i) determine whether a wide range of companies that
manufacture or assemble vehicles or components in the United
States are represented in ongoing public-private partnership
activities, including firms that have not traditionally
participated in federally sponsored research and development
activities, and where possible, partner with such firms that
conduct significant and relevant research and development
activities in the United States;
(ii) leverage the capabilities and resources of, and
formalize partnerships with, industry-led stakeholder
organizations, nonprofit organizations, industry consortia,
and trade associations with expertise in the research and
development of, and education and outreach activities in,
advanced automotive and commercial vehicle technologies;
(iii) develop more effective processes for transferring
research findings and technologies to industry;
(iv) support public-private partnerships, dedicated to
overcoming barriers in commercial application of
transformational vehicle technologies, that use such
industry-led technology development facilities of entities
with demonstrated expertise in successfully designing and
engineering pre-commercial generations of such
transformational technology; and
(v) promote efforts to ensure that technology research,
development, engineering, and commercial application
activities funded under this subtitle are carried out in the
United States.
(4) Interagency and intraagency coordination.--To the
maximum extent practicable, the Secretary shall coordinate
research, development, demonstration, and commercial
application activities among--
(A) relevant programs within the Department, including--
(i) the Office of Energy Efficiency and Renewable Energy;
(ii) the Office of Science;
(iii) the Office of Electricity Delivery and Energy
Reliability;
(iv) the Office of Fossil Energy;
(v) the Advanced Research Projects Agency--Energy; and
(vi) other offices as determined by the Secretary; and
[[Page S1560]]
(B) relevant technology research and development programs
within other Federal agencies, as determined by the
Secretary.
(5) Federal demonstration of technologies.--The Secretary
shall make information available to procurement programs of
Federal agencies regarding the potential to demonstrate
technologies resulting from activities funded through
programs under this subtitle.
(6) Intergovernmental coordination.--The Secretary shall
seek opportunities to leverage resources and support
initiatives of State and local governments in developing and
promoting advanced vehicle technologies, manufacturing, and
infrastructure.
(7) Criteria.--In awarding grants under the program under
this subsection, the Secretary shall give priority to those
technologies (either individually or as part of a system)
that--
(A) provide the greatest aggregate fuel savings based on
the reasonable projected sales volumes of the technology; and
(B) provide the greatest increase in United States
employment.
(8) Secondary use applications.--
(A) In general.--The Secretary shall carry out a research,
development, and demonstration program that--
(i) builds on any work carried out under section 915 of the
Energy Policy Act of 2005 (42 U.S.C. 16195);
(ii) identifies possible uses of a vehicle battery after
the useful life of the battery in a vehicle has been
exhausted;
(iii) conducts long-term testing to verify performance and
degradation predictions and lifetime valuations for secondary
uses;
(iv) evaluates innovative approaches to recycling materials
from plug-in electric drive vehicles and the batteries used
in plug-in electric drive vehicles;
(v)(I) assesses the potential for markets for uses
described in clause (ii) to develop; and
(II) identifies any barriers to the development of those
markets; and
(vi) identifies the potential uses of a vehicle battery--
(I) with the most promise for market development; and
(II) for which market development would be aided by a
demonstration project.
(B) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress an initial report on the
findings of the program described in subparagraph (A),
including recommendations for stationary energy storage and
other potential applications for batteries used in plug-in
electric drive vehicles.
(C) Secondary use demonstration.--
(i) In general.--Based on the results of the program
described in subparagraph (A), the Secretary shall develop
guidelines for projects that demonstrate the secondary uses
and innovative recycling of vehicle batteries.
(ii) Publication of guidelines.--Not later than 18 months
after the date of enactment of this Act, the Secretary
shall--
(I) publish the guidelines described in clause (i); and
(II) solicit applications for funding for demonstration
projects.
(iii) Pilot demonstration program.--Not later than 21
months after the date of enactment of this Act, the Secretary
shall select proposals for grant funding under this
subsection, based on an assessment of which proposals are
mostly likely to contribute to the development of a secondary
market for batteries.
(b) Manufacturing.--The Secretary shall carry out a
research, development, engineering, demonstration, and
commercial application program of advanced vehicle
manufacturing technologies and practices, including
innovative processes--
(1) to increase the production rate and decrease the cost
of advanced battery and fuel cell manufacturing;
(2) to vary the capability of individual manufacturing
facilities to accommodate different battery chemistries and
configurations;
(3) to reduce waste streams, emissions, and energy
intensity of vehicle, engine, advanced battery, and component
manufacturing processes;
(4) to recycle and remanufacture used batteries and other
vehicle components for reuse in vehicles or stationary
applications;
(5) to develop manufacturing processes to effectively
fabricate, assemble, and produce cost-effective lightweight
materials such as advanced aluminum and other metal alloys,
polymeric composites, and carbon fiber for use in vehicles;
(6) to produce lightweight high pressure storage systems
for gaseous fuels;
(7) to design and manufacture purpose-built hydrogen fuel
cell vehicles and components;
(8) to improve the calendar life and cycle life of advanced
batteries; and
(9) to produce permanent magnets for advanced vehicles.
SEC. 1706. MEDIUM- AND HEAVY-DUTY COMMERCIAL AND TRANSIT
VEHICLES PROGRAM.
The Secretary, in partnership with relevant research and
development programs in other Federal agencies, and a range
of appropriate industry stakeholders, shall carry out a
program of cooperative research, development, demonstration,
and commercial application activities on advanced
technologies for medium- to heavy-duty commercial,
vocational, recreational, and transit vehicles, including
activities in the areas of--
(1) engine efficiency and combustion research;
(2) onboard storage technologies for compressed and
liquefied natural gas;
(3) development and integration of engine technologies
designed for natural gas operation of a variety of vehicle
platforms;
(4) waste heat recovery and conversion;
(5) improved aerodynamics and tire rolling resistance;
(6) energy and space-efficient emissions control systems;
(7) mild hybrid, heavy hybrid, hybrid hydraulic, plug-in
hybrid, and electric platforms, and energy storage
technologies;
(8) drivetrain optimization;
(9) friction and wear reduction;
(10) engine idle and parasitic energy loss reduction;
(11) electrification of accessory loads;
(12) onboard sensing and communications technologies;
(13) advanced lightweighting materials and vehicle designs;
(14) increasing load capacity per vehicle;
(15) thermal management of battery systems;
(16) recharging infrastructure;
(17) compressed natural gas infrastructure;
(18) advanced internal combustion engines;
(19) complete vehicle and power pack modeling, simulation,
and testing;
(20) hydrogen vehicle technologies, including fuel cells
and internal combustion engines, and hydrogen infrastructure,
including hydrogen energy storage to enable renewables and
provide hydrogen for fuel and power;
(21) retrofitting advanced technologies onto existing truck
fleets;
(22) advanced boosting systems;
(23) engine down speeding; and
(24) integration of these and other advanced systems onto a
single truck and trailer platform.
SEC. 1707. CLASS 8 TRUCK AND TRAILER SYSTEMS DEMONSTRATION.
(a) In General.--The Secretary shall conduct a competitive
grant program to demonstrate the integration of multiple
advanced technologies on Class 8 truck and trailer platforms,
including a combination of technologies listed in section
1706.
(b) Applicant Teams.--Applicant teams may be comprised of
truck and trailer manufacturers, engine and component
manufacturers, fleet customers, university researchers, and
other applicants as appropriate for the development and
demonstration of integrated Class 8 truck and trailer
systems.
SEC. 1708. TECHNOLOGY TESTING AND METRICS.
The Secretary, in coordination with the partners of the
interagency research program described in section 1706--
(1) shall develop standard testing procedures and
technologies for evaluating the performance of advanced heavy
vehicle technologies under a range of representative duty
cycles and operating conditions, including for heavy hybrid
propulsion systems;
(2) shall evaluate heavy vehicle performance using work
performance-based metrics other than those based on miles per
gallon, including those based on units of volume and weight
transported for freight applications, and appropriate metrics
based on the work performed by nonroad systems; and
(3) may construct heavy duty truck and bus testing
facilities.
SEC. 1709. NONROAD SYSTEMS PILOT PROGRAM.
The Secretary shall undertake a pilot program of research,
development, demonstration, and commercial applications of
technologies to improve total machine or system efficiency
for nonroad mobile equipment including agricultural,
construction, air, and sea port equipment, and shall seek
opportunities to transfer relevant research findings and
technologies between the nonroad and on-highway equipment and
vehicle sectors.
SEC. 1710. REPEAL OF EXISTING AUTHORITIES.
(a) In General.--Sections 706, 711, 712, and 933 of the
Energy Policy Act of 2005 (42 U.S.C. 16051, 16061, 16062,
16233) are repealed.
(b) Energy Efficiency.--Section 911 of the Energy Policy
Act of 2005 (42 U.S.C. 16191) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by striking ``vehicles,
buildings,'' and inserting ``buildings''; and
(B) in paragraph (2)--
(i) by striking subparagraph (A); and
(ii) by redesignating subparagraphs (B) through (E) as
subparagraphs (A) through (D), respectively; and
(2) in subsection (c)--
(A) by striking paragraph (3);
(B) by redesignating paragraph (4) as paragraph (3); and
(C) in paragraph (3) (as so redesignated), by striking
``(a)(2)(D)'' and inserting ``(a)(2)(C)''.
Subtitle H--Department of Energy
SEC. 1801. VETERANS' HEALTH INITIATIVE.
(a) Purposes.--The purposes of this section are to advance
Department expertise in artificial intelligence and high-
performance computing in order to improve health outcomes for
veteran populations by--
(1) supporting basic research through the application of
artificial intelligence, high-performance computing, modeling
and simulation, machine learning, and large-scale data
analytics to identify and solve outcome-defined challenges in
the health sciences;
(2) maximizing the impact of the Department of Veterans
Affairs' health and
[[Page S1561]]
genomics data housed at the National Laboratories, as well as
data from other sources, on science, innovation, and health
care outcomes through the use and advancement of artificial
intelligence and high-performance computing capabilities of
the Department;
(3) promoting collaborative research through the
establishment of partnerships to improve data sharing between
Federal agencies, National Laboratories, institutions of
higher education, and nonprofit institutions;
(4) establishing multiple scientific computing user
facilities to house and provision available data to foster
transformational outcomes; and
(5) driving the development of technology to improve
artificial intelligence, high-performance computing, and
networking relevant to mission applications of the
Department, including modeling, simulation, machine learning,
and advanced data analytics.
(b) Veterans Health Research and Development.--
(1) In general.--The Secretary shall establish and carry
out a research program in artificial intelligence and high-
performance computing, focused on the development of tools to
solve large-scale data analytics and management challenges
associated with veteran's healthcare, and to support the
efforts of the Department of Veterans Affairs to identify
potential health risks and challenges utilizing data on long-
term healthcare, health risks, and genomic data collected
from veteran populations. The Secretary shall carry out this
program through a competitive, merit-reviewed process, and
consider applications from National Laboratories,
institutions of higher education, multi-institutional
collaborations, and other appropriate entities.
(2) Program components.--In carrying out the program
established under paragraph (1), the Secretary may--
(A) conduct basic research in modeling and simulation,
machine learning, large-scale data analytics, and predictive
analysis in order to develop novel or optimized algorithms
for prediction of disease treatment and recovery;
(B) develop methods to accommodate large data sets with
variable quality and scale, and to provide insight and models
for complex systems;
(C) develop new approaches and maximize the use of
algorithms developed through artificial intelligence, machine
learning, data analytics, natural language processing,
modeling and simulation, and develop new algorithms suitable
for high-performance computing systems and large biomedical
data sets;
(D) advance existing and construct new data enclaves
capable of securely storing data sets provided by the
Department of Veterans Affairs, Department of Defense, and
other sources; and
(E) promote collaboration and data sharing between National
Laboratories, research entities, and user facilities of the
Department by providing the necessary access and secure data
transfer capabilities.
(3) Coordination.--In carrying out the program established
under paragraph (1), the Secretary is authorized--
(A) to enter into memoranda of understanding in order to
carry out reimbursable agreements with the Department of
Veterans Affairs and other entities in order to maximize the
effectiveness of Department research and development to
improve veterans' healthcare;
(B) to consult with the Department of Veterans Affairs and
other Federal agencies as appropriate; and
(C) to ensure that data storage meets all privacy and
security requirements established by the Department of
Veterans Affairs, and that access to data is provided in
accordance with relevant Department of Veterans Affairs data
access policies, including informed consent.
(4) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources and the Committee
on Veterans' Affairs of the Senate, and the Committee on
Science, Space, and Technology and the Committee on Veterans'
Affairs of the House of Representatives, a report detailing
the effectiveness of--
(A) the interagency coordination between each Federal
agency involved in the research program carried out under
this subsection;
(B) collaborative research achievements of the program; and
(C) potential opportunities to expand the technical
capabilities of the Department.
(5) Funding.--There is authorized to be appropriated to the
Secretary of Veterans Affairs to carry out this subsection
$27,000,000 during the period of fiscal years 2021 through
2025.
(c) Interagency Collaboration.--
(1) In general.--The Secretary is authorized to carry out
research, development, and demonstration activities to
develop tools to apply to big data that enable Federal
agencies, institutions of higher education, nonprofit
research organizations, and industry to better leverage the
capabilities of the Department to solve complex, big data
challenges. The Secretary shall carry out these activities
through a competitive, merit-reviewed process, and consider
applications from National Laboratories, institutions of
higher education, multi-institutional collaborations, and
other appropriate entities.
(2) Activities.--In carrying out the research, development,
and demonstration activities authorized under paragraph (1),
the Secretary may--
(A) utilize all available mechanisms to prevent duplication
and coordinate research efforts across the Department;
(B) establish multiple user facilities to serve as data
enclaves capable of securely storing data sets created by
Federal agencies, institutions of higher education, nonprofit
organizations, or industry at National Laboratories; and
(C) promote collaboration and data sharing between National
Laboratories, research entities, and user facilities of the
Department by providing the necessary access and secure data
transfer capabilities.
(3) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Science, Space, and Technology of the House
of Representatives a report evaluating the effectiveness of
the activities authorized under paragraph (1).
(4) Funding.--There are authorized to be appropriated to
the Secretary to carry out this subsection $15,000,000 for
each of fiscal years 2021 through 2025.
SEC. 1802. SMALL SCALE LNG ACCESS.
Section 3 of the Natural Gas Act (15 U.S.C. 717b) is
amended by striking subsection (c) and inserting the
following:
``(c) Expedited Application and Approval Process.--
``(1) In general.--For purposes of subsection (a), the
following shall be deemed to be consistent with the public
interest, and applications for such importation or
exportation shall be granted without modification or delay:
``(A) The importation of the natural gas referred to in
subsection (b).
``(B) Subject to the last sentence of subsection (a), the
exportation of natural gas in a volume up to and including
51,750,000,000 cubic feet per year.
``(C) The exportation of natural gas to a nation with which
there is in effect a free trade agreement requiring national
treatment for trade in natural gas.
``(2) Exclusion.--Subparagraphs (B) and (C) of paragraph
(1) shall not apply to any nation subject to sanctions
imposed by the United States.''.
SEC. 1803. APPALACHIAN ENERGY FOR NATIONAL SECURITY.
(a) Study on Building Ethane and Other Natural-gas-liquids-
related Petrochemical Infrastructure.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
the Secretary of Defense, the Secretary of the Treasury, and
the heads of other relevant Federal departments and agencies
and stakeholders, shall conduct a study assessing the
potential national and economic security impacts of building
ethane and other natural-gas-liquids-related petrochemical
infrastructure in the geographical vicinity of the Marcellus,
Utica, and Rogersville shale plays in the United States.
(2) Contents.--The study conducted under paragraph (1)
shall include--
(A) the identification of potential benefits of the
proposed infrastructure to national and economic security,
including the identification of potential risks to national
and economic security of significant foreign ownership and
control of United States domestic petrochemical resources;
and
(B) an examination of, with respect to the proposed
infrastructure--
(i) types of additional infrastructure needed to fully
optimize the potential national security benefits;
(ii) whether geopolitical diversity in areas to which the
ethane and other natural gas liquids will be exported from
the producing region would undermine or bolster national
security;
(iii) the necessity of evaluating the public interest with
respect to exports of ethane, propane, butane, and other
natural gas liquids, to ensure the potential strategic
national and economic security benefits are preserved within
the United States; and
(iv) the potential benefits, with respect to significant
weather impacts, compared to other regions, of locating the
proposed infrastructure in the geographical vicinity of the
Marcellus, Utica, and Rogersville shale plays.
(b) Reports.--
(1) Status reports.--Prior to completion of the study under
subsection (a), the Committees on Energy and Natural
Resources and Armed Services of the Senate and the Committees
on Energy and Commerce and Armed Services of the House of
Representatives, from time to time, may request and receive
from the Secretary status reports with respect to the study,
including any findings.
(2) Submission and publication of report.--On completion of
the study under subsection (a), the Secretary shall--
(A) submit to the Committees on Energy and Natural
Resources and Armed Services of the Senate and the Committees
on Energy and Commerce and Armed Services of the House of
Representatives a report describing the results of the study;
and
(B) publish the report on the website of the Department.
SEC. 1804. ENERGY AND WATER FOR SUSTAINABILITY.
(a) Nexus of Energy and Water for Sustainability.--
(1) Definitions.--In this subsection:
(A) Energy-water nexus.--The term ``energy-water nexus''
means the links between--
(i) the water needed to produce fuels, electricity, and
other forms of energy; and
[[Page S1562]]
(ii) the energy needed to transport, reclaim, and treat
water and wastewater.
(B) Interagency coordination committee.--The term
``Interagency Coordination Committee'' means the Committee on
the Nexus of Energy and Water for Sustainability (or the
``NEWS Committee'') established under paragraph (2)(A).
(C) Nexus of energy and water sustainability office; news
office.--The term ``Nexus of Energy and Water Sustainability
Office'' or the ``NEWS Office'' means an office located at
the Department and managed in cooperation with the Department
of the Interior pursuant to an agreement between the 2
agencies to carry out leadership and administrative functions
for the Interagency Coordination Committee.
(D) RD&D.--The term ``RD&D'' means research, development,
and demonstration.
(2) Interagency coordination committee.--
(A) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary and the Secretary of
the Interior shall establish the joint NEWS Office and
Interagency Coordination Committee on the Nexus of Energy and
Water for Sustainability (or the ``NEWS Committee'') to carry
out the duties described in subparagraph (C).
(B) Administration.--
(i) Chairs.--The Secretary and the Secretary of the
Interior shall jointly manage the NEWS Office and serve as
co-chairs of the Interagency Coordination Committee.
(ii) Membership; staffing.--Membership and staffing shall
be determined by the co-chairs.
(C) Duties.--The Interagency Coordination Committee shall--
(i) serve as a forum for developing common Federal goals
and plans on energy-water nexus RD&D activities in
coordination with the National Science and Technology
Council;
(ii) not later than 1 year after the date of enactment of
this Act, and biennially thereafter, issue a strategic plan
on energy-water nexus RD&D activities priorities and
objectives;
(iii) convene and promote coordination of the activities of
Federal departments and agencies on energy-water nexus RD&D
activities, including the activities of--
(I) the Department;
(II) the Department of the Interior;
(III) the Corps of Engineers;
(IV) the Department of Agriculture;
(V) the Department of Defense;
(VI) the Department of State;
(VII) the Environmental Protection Agency;
(VIII) the Council on Environmental Quality;
(IX) the National Institute of Standards and Technology;
(X) the National Oceanic and Atmospheric Administration;
(XI) the National Science Foundation;
(XII) the Office of Management and Budget;
(XIII) the Office of Science and Technology Policy;
(XIV) the National Aeronautics and Space Administration;
and
(XV) such other Federal departments and agencies as the
Interagency Coordination Committee considers appropriate;
(iv)(I) coordinate and develop capabilities and
methodologies for data collection, management, and
dissemination of information related to energy-water nexus
RD&D activities from and to other Federal departments and
agencies; and
(II) promote information exchange between Federal
departments and agencies--
(aa) to identify and document Federal and non-Federal
programs and funding opportunities that support basic and
applied RD&D proposals to advance energy-water nexus related
science and technologies;
(bb) to leverage existing programs by encouraging joint
solicitations, block grants, and matching programs with non-
Federal entities; and
(cc) to identify opportunities for domestic and
international public-private partnerships, innovative
financing mechanisms, and information and data exchange;
(v) promote the integration of energy-water nexus
considerations into existing Federal water, energy, and other
natural resource, infrastructure, and science programs at the
national and regional levels and with programs administered
in partnership with non-Federal entities; and
(vi) not later than 1 year after the date of enactment of
this Act, issue a report on the potential benefits and
feasibility of establishing an energy-water center of
excellence within the National Laboratories.
(D) No regulation.--Nothing in this paragraph grants to the
Interagency Coordination Committee the authority to
promulgate regulations or set standards.
(E) Additional participation.--In developing the strategic
plan described in subparagraph (C)(ii), the Secretary shall
consult and coordinate with a diverse group of
representatives from research and academic institutions,
industry, public utility commissions, and State and local
governments that have expertise in technologies and practices
relating to the energy-water nexus.
(F) Review; report.--At the end of the 5-year period
beginning on the date on which the Interagency Coordination
Committee and NEWS Office are established, the NEWS Office
shall--
(i) review the activities, relevance, and effectiveness of
the Interagency Coordination Committee; and
(ii) submit to the Committee on Energy and Natural
Resources of the Senate and the Committees on Science, Space,
and Technology, Energy and Commerce, and Natural Resources of
the House of Representatives a report that--
(I) describes the results of the review conducted under
clause (i); and
(II) includes a recommendation on whether the Interagency
Coordination Committee should continue.
(3) Crosscut budget.--Not later than 30 days after the
President submits the budget of the United States Government
under section 1105 of title 31, United States Code, the co-
chairs of the Interagency Coordination Committee (acting
through the NEWS Office) shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committees
on Science, Space, and Technology, Energy and Commerce, and
Natural Resources of the House of Representatives, an
interagency budget crosscut report that displays at the
program-, project-, and activity-level for each of the
Federal agencies that carry out or support (including through
grants, contracts, interagency and intraagency transfers, and
multiyear and no-year funds) basic and applied RD&D
activities to advance the energy-water nexus related science
and technologies--
(A) the budget proposed in the budget request of the
President for the upcoming fiscal year;
(B) expenditures and obligations for the prior fiscal year;
and
(C) estimated expenditures and obligations for the current
fiscal year.
(4) Termination.--
(A) In general.--The authority provided to the NEWS Office
and NEWS Committee under this subsection shall terminate on
the date that is 7 years after the date of enactment of this
Act.
(B) Effect.--The termination of authority under
subparagraph (A) shall not affect ongoing interagency
planning, coordination, or other activities relating to the
energy-water nexus.
(b) Integrating Energy and Water Research.--The Secretary
shall integrate water considerations into energy research,
development, and demonstration programs and projects of the
Department by--
(1) advancing energy and energy efficiency technologies and
practices that meet the objectives of--
(A) minimizing freshwater withdrawal and consumption;
(B) increasing water use efficiency; and
(C) utilizing nontraditional water sources;
(2) considering the effects climate variability may have on
water supplies and quality for energy generation and fuel
production; and
(3) improving understanding of the energy-water nexus (as
defined in subsection (a)(1)).
(c) Smart Energy and Water Efficiency Pilot Program.--
(1) In general.--Subtitle A of title IX of the Energy
Policy Act of 2005 (42 U.S.C. 16191 et seq.) is amended by
adding at the end the following:
``SEC. 918. SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a utility;
``(B) a municipality;
``(C) a water district;
``(D) an Indian tribe or Alaska Native village; and
``(E) any other authority that provides water, wastewater,
or water reuse services.
``(2) Smart energy and water efficiency pilot program.--The
term `smart energy and water efficiency pilot program' or
`pilot program' means the pilot program established under
subsection (b).
``(b) Smart Energy and Water Efficiency Pilot Program.--
``(1) In general.--The Secretary shall establish and carry
out a smart energy and water efficiency pilot program in
accordance with this section.
``(2) Purpose.--The purpose of the smart energy and water
efficiency pilot program is to award grants to eligible
entities to demonstrate unique, advanced, or innovative
technology-based solutions that will--
``(A) improve the net energy balance of water, wastewater,
and water reuse systems;
``(B) improve the net energy balance of water, wastewater,
and water reuse systems to help communities across the United
States make measurable progress in conserving water, saving
energy, and reducing costs;
``(C) support the implementation of innovative and unique
processes and the installation of established advanced
automated systems that provide real-time data on energy and
water; and
``(D) improve energy-water conservation and quality and
predictive maintenance through technologies that utilize
internet connected technologies, including sensors,
intelligent gateways, and security embedded in hardware.
``(3) Project selection.--
``(A) In general.--The Secretary shall make competitive,
merit-reviewed grants under the pilot program to not less
than 3, but not more than 5, eligible entities.
``(B) Selection criteria.--In selecting an eligible entity
to receive a grant under the pilot program, the Secretary
shall consider--
``(i) energy and cost savings;
``(ii) the uniqueness, commercial viability, and
reliability of the technology to be used;
[[Page S1563]]
``(iii) the degree to which the project integrates next-
generation sensors software, analytics, and management tools;
``(iv) the anticipated cost-effectiveness of the pilot
project through measurable energy savings, water savings or
reuse, and infrastructure costs averted;
``(v) whether the technology can be deployed in a variety
of geographic regions and the degree to which the technology
can be implemented in a wide range of applications ranging in
scale from small towns to large cities, including tribal
communities;
``(vi) whether the technology has been successfully
deployed elsewhere;
``(vii) whether the technology was sourced from a
manufacturer based in the United States; and
``(viii) whether the project will be completed in 5 years
or less.
``(C) Applications.--
``(i) In general.--Subject to clause (ii), an eligible
entity seeking a grant under the pilot program shall submit
to the Secretary an application at such time, in such manner,
and containing such information as the Secretary determines
to be necessary.
``(ii) Contents.--An application under clause (i) shall, at
a minimum, include--
``(I) a description of the project;
``(II) a description of the technology to be used in the
project;
``(III) the anticipated results, including energy and water
savings, of the project;
``(IV) a comprehensive budget for the project;
``(V) the names of the project lead organization and any
partners;
``(VI) the number of users to be served by the project;
``(VII) a description of the ways in which the proposal
would meet performance measures established by the Secretary;
and
``(VIII) any other information that the Secretary
determines to be necessary to complete the review and
selection of a grant recipient.
``(4) Administration.--
``(A) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall select grant
recipients under this section.
``(B) Evaluations.--
``(i) Annual evaluations.--The Secretary shall annually
carry out an evaluation of each project for which a grant is
provided under this section that meets performance measures
and benchmarks developed by the Secretary, consistent with
the purposes of this section.
``(ii) Requirements.--Consistent with the performance
measures and benchmarks developed under clause (i), in
carrying out an evaluation under that clause, the Secretary
shall--
``(I) evaluate the progress and impact of the project; and
``(II) assesses the degree to which the project is meeting
the goals of the pilot program.
``(C) Technical and policy assistance.--On the request of a
grant recipient, the Secretary shall provide technical and
policy assistance.
``(D) Best practices.--The Secretary shall make available
to the public through the Internet and other means the
Secretary considers to be appropriate--
``(i) a copy of each evaluation carried out under
subparagraph (B); and
``(ii) a description of any best practices identified by
the Secretary as a result of those evaluations.
``(E) Report to congress.--The Secretary shall submit to
Congress a report containing the results of each evaluation
carried out under subparagraph (B).
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$15,000,000, to remain available until expended.''.
(2) Conforming amendment.--The table of contents of the
Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 594)
is amended by inserting after the item relating to section
917 the following:
``Sec. 918. Smart energy and water efficiency pilot program.''.
SEC. 1805. TECHNOLOGY TRANSITIONS.
(a) Office of Technology Transitions.--Section 1001 of the
Energy Policy Act of 2005 (42 U.S.C. 16391) is amended--
(1) by striking subsection (a) and all that follows through
``The Coordinator'' in subsection (b) and inserting the
following:
``(a) Office of Technology Transitions.--
``(1) Establishment.--There is established within the
Department an Office of Technology Transitions (referred to
in this section as the `Office').
``(2) Mission.--The mission of the Office shall be--
``(A) to expand the commercial impact of the research
investments of the Department; and
``(B) to focus on commercializing technologies that reduce
greenhouse gas emissions and technologies that support other
missions of the Department.
``(3) Goals.--
``(A) In general.--In carrying out the mission and
activities of the Office, the Chief Commercialization Officer
appointed under paragraph (4) shall, with respect to
commercialization activities, meet not less than two of the
goals described in subparagraph (B) and, to the maximum
extent practicable, meet all of the goals described in that
subparagraph.
``(B) Goals described.--The goals referred to in
subparagraph (A) are the following:
``(i) Reduction of greenhouse gas emissions.
``(ii) Ensuring economic competitiveness.
``(iii) Enhancement of domestic energy security and
national security.
``(iv) Enhancement of domestic jobs.
``(v) Any other missions of the Department, as determined
by the Secretary.
``(4) Chief commercialization officer.--
``(A) In general.--The Office shall be headed by an
officer, who shall be known as the `Chief Commercialization
Officer', and who shall report directly to, and be appointed
by, the Secretary.
``(B) Principal advisor.--The Chief Commercialization
Officer shall be the principal advisor to the Secretary on
all matters relating to technology transfer and
commercialization.
``(C) Qualifications.--The Chief Commercialization
Officer'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``subsection (d)'' and
inserting ``subsection (b)'';
(B) by redesignating paragraphs (1) through (4) as clauses
(i) through (iv), respectively, and indenting appropriately;
and
(C) by striking the subsection designation and heading and
all that follows through ``The Coordinator'' in the matter
preceding clause (i) (as so redesignated) and inserting the
following:
``(D) Duties.--The Chief Commercialization Officer'';
(3) by adding at the end of subsection (a) (as amended by
paragraph (2)(C)) the following:
``(5) Coordination.--In carrying out the mission and
activities of the Office, the Chief Commercialization Officer
shall coordinate with the senior leadership of the
Department, other relevant program offices of the Department,
National Laboratories, the Technology Transfer Working Group
established under subsection (b), the Technology Transfer
Policy Board, and other stakeholders (including private
industry).'';
(4) by redesignating subsections (d) through (h) as
subsections (b) through (f), respectively; and
(5) in subsection (f) (as so redesignated), by striking
``subsection (e)'' and inserting ``subsection (c)''.
(b) Review of Applied Energy Programs.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall conduct a review
of all applied energy research and development programs under
the Department that focus on researching and developing
technologies that reduce emissions.
(2) Requirements.--In conducting the review under paragraph
(1), the Secretary shall--
(A) identify each program described in that paragraph the
mission of which is to research and develop technologies that
reduce emissions;
(B) determine the type of services provided by each program
identified under subparagraph (A), such as grants and
technical assistance;
(C) determine whether there are written program goals for
each program identified under subparagraph (A);
(D) examine the extent to which the programs identified
under subparagraph (A) overlap or are duplicative; and
(E) develop recommendations--
(i) as to how any overlapping or duplicative programs
identified under subparagraph (D) should be restructured or
consolidated, including by any necessary legislation;
(ii) as to how to identify technologies described in
subparagraph (A) that--
(I) are not served by a single program office at the
Department; or
(II) the research and development of which may require
collaboration with other Federal agencies; and
(iii) for methods to improve the programs identified under
subparagraph (A), including by establishing program goals,
assessing workforce considerations and technical skills, or
increasing collaboration with other Federal agencies and
stakeholders (including private industry).
(3) Report.--Not later than 60 days after the Secretary
completes the review under paragraph (1), the Secretary shall
submit to the Committee on Energy and Natural Resources of
the Senate and the Committees on Science, Space, and
Technology and Energy and Commerce of the House of
Representatives a report describing the results of and the
recommendations developed under the review.
SEC. 1806. ENERGY TECHNOLOGY COMMERCIALIZATION FUND COST-
SHARING.
Section 1001 of the Energy Policy Act of 2005 (42 U.S.C.
16391) is amended in subsection (c) (as redesignated by
section 1805(a)(4))--
(1) in the subsection heading, by inserting ``Energy''
before ``Technology''; and
(2) by striking ``matching funds with private partners''
and inserting ``, in accordance with the cost-sharing
requirements under section 988, funds to private partners,
including National Laboratories,''.
SEC. 1807. STATE LOAN ELIGIBILITY.
(a) Definitions.--Section 1701 of the Energy Policy Act of
2005 (42 U.S.C. 16511) is amended by adding at the end the
following:
``(6) State.--The term `State' has the meaning given the
term in section 202 of the Energy Conservation and Production
Act (42 U.S.C. 6802).
[[Page S1564]]
``(7) State energy financing institution.--
``(A) In general.--The term `State energy financing
institution' means a quasi-independent entity or an entity
within a State agency or financing authority established by a
State--
``(i) to provide financing support or credit enhancements,
including loan guarantees and loan loss reserves, for
eligible projects; and
``(ii) to create liquid markets for eligible projects,
including warehousing and securitization, or take other steps
to reduce financial barriers to the deployment of existing
and new eligible projects.
``(B) Inclusion.--The term `State energy financing
institution' includes an entity or organization established
to achieve the purposes described in clauses (i) and (ii) of
subparagraph (A) by an Indian Tribal entity or an Alaska
Native Corporation.''.
(b) Terms and Conditions.--Section 1702 of the Energy
Policy Act of 2005 (42 U.S.C. 16512) is amended--
(1) in subsection (a), by inserting ``, including projects
receiving financial support or credit enhancements from a
State energy financing institution,'' after ``for projects'';
(2) in subsection (d)(1), by inserting ``, including a
guarantee for a project receiving financial support or credit
enhancements from a State energy financing institution,''
after ``No guarantee''; and
(3) by adding at the end the following:
``(l) State Energy Financing Institutions.--
``(1) Eligibility.--To be eligible for a guarantee under
this title, a project receiving financial support or credit
enhancements from a State energy financing institution--
``(A) shall meet the requirements of section 1703(a)(1);
and
``(B) shall not be required to meet the requirements of
section 1703(a)(2).
``(2) Partnerships authorized.--In carrying out a project
receiving a loan guarantee under this title, State energy
financing institutions may enter into partnerships with
private entities, Tribal entities, and Alaska Native
corporations.
``(3) Prohibition on use of appropriated funds.--Amounts
appropriated to the Department before the date of enactment
of this subsection shall not be available to be used for the
cost of loan guarantees made to State energy financing
institutions under this subsection.''.
SEC. 1808. ARPA-E REAUTHORIZATION.
(a) Goals.--Section 5012(c) of the America COMPETES Act (42
U.S.C. 16538(c)) is amended--
(1) in paragraph (1), by striking subparagraph (A) and
inserting the following:
``(A) to enhance the economic and energy security of the
United States through the development of energy technologies
that--
``(i) reduce imports of energy from foreign sources;
``(ii) reduce energy-related emissions, including
greenhouse gases;
``(iii) improve the energy efficiency of all economic
sectors; and
``(iv) improve the resilience, reliability, and security of
infrastructure to produce, deliver, and store energy; and'';
and
(2) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``energy'' and inserting ``advanced''.
(b) Responsibilities.--Section 5012(e)(3)(A) of the America
COMPETES Act (42 U.S.C. 16538(e)(3)(A)) is amended by
striking ``energy''.
(c) Awards.--Section 5012(f) of the America COMPETES Act
(42 U.S.C. 16538(f)) is amended--
(1) by striking ``In carrying'' and inserting the
following:
``(1) In general.--In carrying''; and
(2) by adding at the end the following:
``(2) Consideration of prior grants.--In awarding a grant
under paragraph (1), the Director shall take into account the
satisfactory completion of any project carried out by the
entity applying for the grant using any prior grant funds
awarded to that entity by the Director.''.
(d) Reports and Roadmaps.--Section 5012(h) of the America
COMPETES Act (42 U.S.C. 16538(h)) is amended--
(1) in paragraph (1)--
(A) by striking ``describing projects'' and inserting the
following: ``describing--
``(A) projects'';
(B) in subparagraph (A) (as so designated), by striking the
period at the end and inserting ``, including projects that
examine topics and technologies closely relating to other
activities funded by the Department;'' and
(C) by adding at the end the following:
``(B) an analysis of whether the Director is in compliance
with subsection (i)(1)(A) in supporting projects that examine
the topics and technologies described in subparagraph (A);
and
``(C) current, proposed, and planned projects to be carried
out pursuant to subsection (e)(3)(D).''; and
(2) in paragraph (2)--
(A) by striking ``October 1, 2010, and October 1, 2013''
and inserting ``October 1, 2021, and every 4 years
thereafter''; and
(B) by striking ``3'' and inserting ``4''.
(e) Coordination and Nonduplication.--Section 5012(i)(1) of
the America COMPETES Act (42 U.S.C. 16538(i)(1)) is amended--
(1) by striking ``that the activities'' and inserting the
following: ``that--
``(A) the activities'';
(2) in subparagraph (A) (as so designated), by striking the
period at the end and inserting ``; and''; and
(3) by adding at the end the following:
``(B) an award is not provided for a project unless the
prospective award recipient demonstrates that--
``(i) the prospective award recipient has made a sufficient
attempt to secure private financing, as determined by the
Director; or
``(ii) the project is not independently commercially
viable.''.
(f) Evaluation.--Section 5012(l) of the America COMPETES
Act (42 U.S.C. 16538(l)) is amended--
(1) in paragraph (1), by striking ``After'' and all that
follows through ``years'' and inserting ``Not later than 3
years after the date of enactment of the American Energy
Innovation Act of 2020''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``shall'' and inserting ``may''; and
(B) in subparagraph (A), by striking ``the recommendation
of the National Academy of Sciences'' and inserting ``a
recommendation''.
(g) Authorization of Appropriations.--Section 5012(o)(2) of
the America COMPETES Act (42 U.S.C. 16538(o)(2)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``paragraphs (4) and (5)'' and inserting ``paragraph (4)'';
and
(2) by striking subparagraphs (A) through (E) and inserting
the following:
``(A) $428,000,000 for fiscal year 2021;
``(B) $497,000,000 for fiscal year 2022;
``(C) $567,000,000 for fiscal year 2023;
``(D) $651,000,000 for fiscal year 2024; and
``(E) $750,000,000 for fiscal year 2025.''.
(h) Technical Amendments.--Section 5012 of the America
COMPETES Act (42 U.S.C. 16538) is amended--
(1) in subsection (g)(3)(A)(iii), by striking ``subpart''
each place it appears and inserting ``subparagraph''; and
(2) in subsection (o)(4)(B), by striking ``(c)(2)(D)'' and
inserting ``(c)(2)(C)''.
SEC. 1809. ADJUSTING STRATEGIC PETROLEUM RESERVE MANDATED
DRAWDOWNS.
(a) America's Water Infrastructure Act of 2018.--Section
3009(a)(1) of the America's Water Infrastructure Act of 2018
(42 U.S.C. 6241 note; Public Law 115-270) is amended by
striking ``2028'' and inserting ``2030.''
(b) Bipartisan Budget Act of 2018.--Section 30204(a)(1) of
the Bipartisan Budget Act of 2018 (42 U.S.C. 6241 note;
Public Law 115-123) is amended--
(1) in subparagraph (B), by striking ``2026'' and inserting
``2029''; and
(2) in subparagraph (C), by striking ``2027'' and inserting
``2030''.
(c) Reconciliation on the Budget for 2018.--Section
20003(a)(1) of Public Law 115-97 (42 U.S.C. 6241 note) is
amended by striking ``2026 through 2027'' and inserting
``2029 through 2030.''.
SEC. 1810. WESTERN AREA POWER ADMINISTRATION PILOT PROJECT.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Western Area
Power Administration (referred to in this section as the
``Administrator'') shall--
(1) establish a pilot project, as part of the continuous
process improvement program and to provide increased
transparency for customers--
(A) to make available a database of information relating to
the Western Area Power Administration in accordance with
paragraph (2); and
(B) to provide annual updates to the database in accordance
with subsection (b); and
(2) publish on a publicly available website of the Western
Area Power Administration, a database of the following
information, beginning with fiscal year 2008, relating to the
Western Area Power Administration:
(A) By power system and in a consistent format, rates
charged to customers for power and transmission service.
(B) By power system, the amount of capacity or energy sold.
(C) By region, an accounting, at the task level, budget
activity level, organizational code level, and object class
level, of all expenditures, including--
(i) indirect costs, including overhead costs;
(ii) direct charges and direct allocations;
(iii) costs related to contract staff;
(iv) costs related to independent consultants;
(v) the number of full-time equivalents;
(vi) charges to the region from the headquarters office of
the Western Area Power Administration for all annual and
capital costs; and
(vii) expenses incurred on behalf of other Federal agencies
or programs or third parties for the administration of
programs not related to the marketing, transmission, or
wheeling of Federal hydropower resources within the Western
Area Power Administration marketing area, including--
(I) indirect costs, including overhead costs;
(II) direct charges and allocations;
(III) costs related to contract staff; and
(IV) the number of full-time equivalents.
(D) For the headquarters office of the Western Area Power
Administration, an accounting, at the task level, budget
activity level, organizational code level, and object class
level, of all expenditures, including--
(i) indirect costs, including overhead costs;
(ii) direct charges and direct allocations;
(iii) costs related to contract staff;
(iv) costs related to independent consultants;
(v) the number of full-time equivalents;
(vi) a summary of any expenditures described in this
paragraph, with the total
[[Page S1565]]
amount paid by each region and power system; and
(vii) expenses incurred on behalf of other Federal agencies
or programs or third parties for the administration of
programs not related to the marketing, transmission, or
wheeling of Federal hydropower resources within the Western
Area Power Administration marketing area, including--
(I) indirect costs, including overhead costs;
(II) direct charges and allocations;
(III) costs related to contract staff; and
(IV) the number of full-time equivalents.
(E) Capital expenditures for each project, including--
(i) capital investments delineated by the year in which
each investment is placed into service; and
(ii) the sources of capital for each investment.
(b) Annual Summary.--
(1) In general.--Not later than 120 days after the end of
each fiscal year in which the pilot project is being carried
out under this section, the Administrator shall make
available on a publicly available website--
(A) updates to documents made available on the date of the
initial publication of the information on the website under
subsection (a)(2);
(B) an identification of the annual changes in the
information published on the website under subsection (a)(2);
(C) the reasons for the changes identified under
subparagraph (B);
(D) subject to paragraph (2), the total amount of the
unobligated balances retained by the Western Area Power
Administration at the end of the prior fiscal year within
each project and headquarters by--
(i) purpose or function;
(ii) source of funding;
(iii) anticipated program allotment; and
(iv) underlying authority for each source of funding; and
(E) the anticipated level of unobligated balances that the
Western Area Power Administration expects to retain at the
end of the fiscal year in which the annual summary is
published, as delineated by each of the categories described
in clauses (i) through (iv) of subparagraph (D).
(2) Limitation.--Amounts in the Upper Colorado River Basin
Fund established by section 5(a) of the Act of April 11, 1956
(commonly known as the ``Colorado River Storage Project
Act'') (43 U.S.C. 620d(a)), shall not be considered to be an
unobligated balance retained by the Western Area Power
Administration for purposes of paragraph (1)(D).
(c) Termination.--The pilot project under this section
shall terminate on the date that is 7 years after the date of
enactment of this Act.
SEC. 1811. TIMING FOR DISTRIBUTION OF FINANCIAL ASSISTANCE
UNDER THE STATE ENERGY PROGRAM.
Section 363 of the Energy Policy and Conservation Act (42
U.S.C. 6323) is amended by adding at the end the following:
``(g) Timing for Distribution of Financial Assistance.--
Notwithstanding any other provision of law (including
regulations), not later than 60 days after the date on which
funds have been made available to provide financial
assistance under this section, the Secretary shall distribute
to the applicable State the full amount of assistance to be
provided to the State under this section for the fiscal
year.''.
SEC. 1812. ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE
RESEARCH.
Section 2203(b) of the Energy Policy Act of 1992 (42 U.S.C.
13503(b)) is amended by striking paragraph (3) and inserting
the following:
``(3) Established program to stimulate competitive
research.--
``(A) Definitions.--In this paragraph:
``(i) Eligible entity.--The term `eligible entity' means an
institution of higher education located in an eligible
jurisdiction.
``(ii) Eligible jurisdiction.--The term `eligible
jurisdiction' means a State that, as determined by the
Secretary--
``(I)(aa) historically has received relatively little
Federal research and development funding; and
``(bb) has demonstrated a commitment--
``(AA) to develop the research bases in the State; and
``(BB) to improve science and engineering research and
education programs at institutions of higher education in the
State; and
``(II) is an eligible jurisdiction under the criteria used
by the Secretary to make awards under this paragraph on the
day before the date of enactment of the American Energy
Innovation Act of 2020.
``(iii) EPSCoR.--The term `EPSCoR' means the Established
Program to Stimulate Competitive Research operated under
subparagraph (B).
``(iv) 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).
``(v) State.--The term `State' means--
``(I) a State;
``(II) the District of Columbia;
``(III) the Commonwealth of Puerto Rico;
``(IV) Guam;
``(V) the United States Virgin Islands;
``(VI) American Samoa; and
``(VII) the Commonwealth of the Northern Mariana Islands.
``(B) Program operation.--The Secretary shall operate an
Established Program to Stimulate Competitive Research.
``(C) Objectives.--The objectives of EPSCoR shall be--
``(i) to increase the number of researchers at institutions
of higher education in eligible jurisdictions capable of
performing nationally competitive science and engineering
research in support of the mission of the Department of
Energy in the areas of applied energy research, environmental
management, and basic science;
``(ii) to enhance the capabilities of institutions of
higher education in eligible jurisdictions to develop, plan,
and execute research that is competitive in the peer-review
process; and
``(iii) to increase the probability of long-term growth of
competitive funding to institutions of higher education in
eligible jurisdictions.
``(D) Grants in areas of applied energy research,
environmental management, and basic science.--
``(i) In general.--EPSCoR shall make grants to eligible
entities to carry out and support applied energy research and
research in all areas of environmental management and basic
science sponsored by the Department of Energy, including--
``(I) energy efficiency, fossil energy, renewable energy,
and other applied energy research;
``(II) electricity delivery research;
``(III) cybersecurity, energy security, and emergency
response;
``(IV) environmental management; and
``(V) basic science research.
``(ii) Activities.--EPSCOR may make grants under this
subparagraph for any activities consistent with the
objectives described in subparagraph (C) in the areas of
applied energy research, environmental management, and basic
science described in clause (i), including--
``(I) to support research at eligible entities that is
carried out in partnership with the National Laboratories;
``(II) to provide for graduate traineeships;
``(III) to support research by early career faculty; and
``(IV) to improve research capabilities at eligible
entities through biennial implementation grants.
``(iii) No cost sharing.--EPSCoR shall not impose any cost-
sharing requirement with respect to a grant made under this
subparagraph.
``(E) Other activities.--EPSCoR may carry out such
activities as may be necessary to meet the objectives
described in subparagraph (C) in the areas of applied energy
research, environmental management, and basic science
described in subparagraph (D)(i).
``(F) Program implementation.--
``(i) In general.--Not later than 270 days after the date
of enactment of the American Energy Innovation Act of 2020,
the Secretary shall submit to the Committees on Energy and
Natural Resources and Appropriations of the Senate and the
Committees on Energy and Commerce and Appropriations of the
House of Representatives a plan describing how the Secretary
shall implement EPSCoR.
``(ii) Contents of plan.--The plan described in clause (i)
shall include a description of--
``(I) the management structure of EPSCoR, which shall
ensure that all research areas and activities described in
this paragraph are incorporated into EPSCoR;
``(II) efforts to conduct outreach to inform eligible
entities and faculty of changes to, and opportunities under,
EPSCoR;
``(III) how EPSCoR plans to increase engagement with
eligible entities, faculty, and State committees, including
by holding regular workshops, to increase participation in
EPSCoR; and
``(IV) any other issues relating to EPSCoR that the
Secretary determines appropriate.
``(G) Program evaluation.--
``(i) In general.--Not later than 5 years after the date of
enactment of the American Energy Innovation Act of 2020, the
Secretary shall contract with a federally funded research and
development center, the National Academy of Sciences, or a
similar organization to carry out an assessment of the
effectiveness of EPSCoR, including an assessment of--
``(I) the tangible progress made towards achieving the
objectives described in subparagraph (C);
``(II) the impact of research supported by EPSCoR on the
mission of the Department of Energy; and
``(III) any other issues relating to EPSCoR that the
Secretary determines appropriate.
``(ii) Limitation.--The organization with which the
Secretary contracts under clause (i) shall not be a National
Laboratory.
``(iii) Report.--Not later than 6 years after the date of
enactment of the American Energy Innovation Act of 2020, the
Secretary shall submit to the Committees on Energy and
Natural Resources and Appropriations of the Senate and the
Committees on Energy and Commerce and Appropriations of the
House of Representatives a report describing the results of
the assessment carried out under clause (i), including
recommendations for improvements that would enable the
Secretary to achieve the objectives described in subparagraph
(C).''.
SEC. 1813. BAKKEN AND THREE FORKS NATURAL GAS LIQUIDS REPORT.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report that assesses the
feasibility of establishing a storage and distribution hub
for natural gas liquids or any natural gas liquids component
(including propane) in the vicinity of the Bakken and Three
Forks shale plays in order
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to address supply chain constraints in the Midwest and other
opportunities as a result of the increased production of
natural gas liquids from shale developments.
(b) Components.--The report submitted under subsection (a)
shall include, with respect to the proposed storage and
distribution hub, an examination of--
(1) potential locations;
(2) economic feasibility;
(3) geologic and aboveground storage capabilities;
(4) infrastructure needs; and
(5) any economic benefits or benefits to energy security.
SEC. 1814. WIND BLADE RECYCLING PRIZE COMPETITION.
(a) In General.--The Secretary shall establish an award
program, to be known as the ``Wind Blade Recycling Prize
Competition'' (referred to in this section as the
``program''), under which the Secretary shall carry out prize
competitions and make awards to advance the recycling of wind
blade materials.
(b) Frequency.--To the maximum extent practicable, the
Secretary shall carry out a competition under the program not
less frequently than once every calendar year.
(c) Eligibility.--
(1) In general.--To be eligible to win a prize under the
program, an individual or entity--
(A) shall have complied with the requirements of the
competition as described in the announcement for that
competition published in the Federal Register by the
Secretary under subsection (f);
(B) in the case of a private entity, shall be incorporated
in the United States and maintain a primary place of business
in the United States; and
(C) in the case of an individual, whether participating
singly or in a group, shall be a citizen of, or an alien
lawfully admitted for permanent residence in, the United
States.
(2) Exclusions.--The following entities and individuals
shall not be eligible to win a prize under the program:
(A) A Federal entity.
(B) A Federal employee (including an employee of a National
Laboratory) acting within the scope of employment.
(d) Awards.--In carrying out the program, the Secretary
shall award cash prizes, in amounts to be determined by the
Secretary, to each individual or entity selected through a
competitive process to develop methods or technologies to
recycle or reuse wind blade materials from domestic wind
energy facilities.
(e) Criteria.--
(1) In general.--The Secretary shall establish objective,
merit-based criteria for awarding the prizes in each
competition carried out under the program.
(2) Requirements.--The criteria established under paragraph
(1) shall prioritize advancements in methods or technologies
that present the greatest potential for large-scale
commercial deployment.
(3) Consultation.--In establishing criteria under paragraph
(1), the Secretary shall consult with appropriate members of
private industry involved in the commercial deployment of
wind energy facilities.
(f) Advertising and Solicitation of Competitors.--
(1) In general.--The Secretary shall announce each prize
competition under the program by publishing a notice in the
Federal Register.
(2) Requirements.--Each notice published under paragraph
(1) shall describe the essential elements of the competition,
such as--
(A) the subject of the competition;
(B) the duration of the competition;
(C) the eligibility requirements for participation in the
competition;
(D) the process for participants to register for the
competition;
(E) the amount of the prize; and
(F) the criteria for awarding the prize.
(g) Judges.--
(1) In general.--For each prize competition under the
program, the Secretary shall assemble a panel of qualified
judges to select the winner or winners of the competition on
the basis of the criteria established under subsection (e).
(2) Selection.--The judges for each competition shall
include appropriate members of private industry involved in
the commercial production and deployment of wind blades.
(3) Conflicts.--An individual may not serve as a judge in a
prize competition under the program if the individual, the
spouse of the individual, any child of the individual, or any
other member of the household of the individual--
(A) has a personal or financial interest in, or is an
employee, officer, director, or agent of, any entity that is
a registered participant in the prize competition for which
the individual will serve as a judge; or
(B) has a familial or financial relationship with a
registered participant in the prize competition for which the
individual will serve as a judge.
(h) Report to Congress.--Not later than 60 days after the
date on which the first prize is awarded under the program,
and annually thereafter, the Secretary shall submit to
Congress a report that--
(1) identifies each award recipient;
(2) describes the advanced methods or technologies
developed by each award recipient; and
(3) specifies actions being taken by the Department toward
commercial application of all methods or technologies with
respect to which a prize has been awarded under the program.
(i) Anti-deficiency Act.--The Secretary shall carry out the
program in accordance with section 1341 of title 31, United
States Code (commonly referred to as the ``Anti-Deficiency
Act'').
(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $2,000,000, to
remain available until expended.
TITLE II--SUPPLY CHAIN SECURITY
Subtitle A--Mineral Security
SEC. 2101. MINERAL SECURITY.
(a) Definitions.--In this section:
(1) Byproduct.--The term ``byproduct'' means a critical
mineral--
(A) the recovery of which depends on the production of a
host mineral that is not designated as a critical mineral;
and
(B) that exists in sufficient quantities to be recovered
during processing or refining.
(2) Critical mineral.--
(A) In general.--The term ``critical mineral'' means any
mineral, element, substance, or material designated as
critical by the Secretary under subsection (c).
(B) Exclusions.--The term ``critical mineral'' does not
include--
(i) fuel minerals, including oil, natural gas, or any other
fossil fuels; or
(ii) water, ice, or snow.
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana Islands; and
(G) the United States Virgin Islands.
(b) Policy.--
(1) In general.--Section 3 of the National Materials and
Minerals Policy, Research and Development Act of 1980 (30
U.S.C. 1602) is amended in the second sentence--
(A) by striking paragraph (3) and inserting the following:
``(3) establish an analytical and forecasting capability
for identifying critical mineral demand, supply, and other
factors to allow informed actions to be taken to avoid supply
shortages, mitigate price volatility, and prepare for demand
growth and other market shifts;'';
(B) in paragraph (6), by striking ``and'' after the
semicolon at the end; and
(C) by striking paragraph (7) and inserting the following:
``(7) facilitate the availability, development, and
environmentally responsible production of domestic resources
to meet national material or critical mineral needs;
``(8) avoid duplication of effort, prevent unnecessary
paperwork, and minimize delays in the administration of
applicable laws (including regulations) and the issuance of
permits and authorizations necessary to explore for, develop,
and produce critical minerals and to construct critical
mineral manufacturing facilities in accordance with
applicable environmental and land management laws;
``(9) strengthen--
``(A) educational and research capabilities at not lower
than the secondary school level; and
``(B) workforce training for exploration and development of
critical minerals and critical mineral manufacturing;
``(10) bolster international cooperation through technology
transfer, information sharing, and other means;
``(11) promote the efficient production, use, and recycling
of critical minerals;
``(12) develop alternatives to critical minerals; and
``(13) establish contingencies for the production of, or
access to, critical minerals for which viable sources do not
exist within the United States.''.
(2) Conforming amendment.--Section 2(b) of the National
Materials and Minerals Policy, Research and Development Act
of 1980 (30 U.S.C. 1601(b)) is amended by striking ``(b) As
used in this Act, the term'' and inserting the following:
``(b) Definitions.--In this Act:
``(1) Critical mineral.--The term `critical mineral' means
any mineral, element, substance, or material designated as
critical by the Secretary under section 2101(c) of the
American Energy Innovation Act of 2020.
``(2) Materials.--The term''.
(c) Critical Mineral Designations.--
(1) Draft methodology and list.--The Secretary, acting
through the Director of the United States Geological Survey
(referred to in this subsection as the ``Secretary''), shall
publish in the Federal Register for public comment--
(A) a description of the draft methodology used to identify
a draft list of critical minerals;
(B) a draft list of minerals, elements, substances, and
materials that qualify as critical minerals; and
(C) a draft list of critical minerals recovered as
byproducts.
(2) Availability of data.--If available data is
insufficient to provide a quantitative basis for the
methodology developed under this subsection, qualitative
evidence may be used to the extent necessary.
(3) Final methodology and list.--After reviewing public
comments on the draft
[[Page S1567]]
methodology and the draft lists published under paragraph (1)
and updating the methodology and lists as appropriate, not
later than 45 days after the date on which the public comment
period with respect to the draft methodology and draft lists
closes, the Secretary shall publish in the Federal Register--
(A) a description of the final methodology for determining
which minerals, elements, substances, and materials qualify
as critical minerals;
(B) the final list of critical minerals; and
(C) the final list of critical minerals recovered as
byproducts.
(4) Designations.--
(A) In general.--For purposes of carrying out this
subsection, the Secretary shall maintain a list of minerals,
elements, substances, and materials designated as critical,
pursuant to the final methodology published under paragraph
(3), that the Secretary determines--
(i) are essential to the economic or national security of
the United States;
(ii) the supply chain of which is vulnerable to disruption
(including restrictions associated with foreign political
risk, abrupt demand growth, military conflict, violent
unrest, anti-competitive or protectionist behaviors, and
other risks throughout the supply chain); and
(iii) serve an essential function in the manufacturing of a
product (including energy technology-, defense-, currency-,
agriculture-, consumer electronics-, and health care-related
applications), the absence of which would have significant
consequences for the economic or national security of the
United States.
(B) Inclusions.--Notwithstanding the criteria under
paragraph (3), the Secretary may designate and include on the
list any mineral, element, substance, or material determined
by another Federal agency to be strategic and critical to the
defense or national security of the United States.
(C) Required consultation.--The Secretary shall consult
with the Secretaries of Defense, Commerce, Agriculture, and
Energy and the United States Trade Representative in
designating minerals, elements, substances, and materials as
critical under this paragraph.
(5) Subsequent review.--
(A) In general.--The Secretary, in consultation with the
Secretaries of Defense, Commerce, Agriculture, and Energy and
the United States Trade Representative, shall review the
methodology and list under paragraph (3) and the designations
under paragraph (4) at least every 3 years, or more
frequently as the Secretary considers to be appropriate.
(B) Revisions.--Subject to paragraph (4)(A), the Secretary
may--
(i) revise the methodology described in this subsection;
(ii) determine that minerals, elements, substances, and
materials previously determined to be critical minerals are
no longer critical minerals; and
(iii) designate additional minerals, elements, substances,
or materials as critical minerals.
(6) Notice.--On finalization of the methodology and the
list under paragraph (3), or any revision to the methodology
or list under paragraph (5), the Secretary shall submit to
Congress written notice of the action.
(d) Resource Assessment.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act, in consultation with applicable State
(including geological surveys), local, academic, industry,
and other entities, the Secretary (acting through the
Director of the United States Geological Survey) or a
designee of the Secretary, shall complete a comprehensive
national assessment of each critical mineral that--
(A) identifies and quantifies known critical mineral
resources, using all available public and private information
and datasets, including exploration histories; and
(B) provides a quantitative and qualitative assessment of
undiscovered critical mineral resources throughout the United
States, including probability estimates of tonnage and grade,
using all available public and private information and
datasets, including exploration histories.
(2) Supplementary information.--In carrying out this
subsection, the Secretary may carry out surveys and field
work (including drilling, remote sensing, geophysical
surveys, topographical and geological mapping, and
geochemical sampling and analysis) to supplement existing
information and datasets available for determining the
existence of critical minerals in the United States.
(3) Public access.--Subject to applicable law, to the
maximum extent practicable, the Secretary shall make all data
and metadata collected from the comprehensive national
assessment carried out under paragraph (1) publically and
electronically accessible.
(4) Technical assistance.--At the request of the Governor
of a State or the head of an Indian tribe, the Secretary may
provide technical assistance to State governments and Indian
tribes conducting critical mineral resource assessments on
non-Federal land.
(5) Prioritization.--
(A) In general.--The Secretary may sequence the completion
of resource assessments for each critical mineral such that
critical minerals considered to be most critical under the
methodology established under subsection (c) are completed
first.
(B) Reporting.--During the period beginning not later than
1 year after the date of enactment of this Act and ending on
the date of completion of all of the assessments required
under this subsection, the Secretary shall submit to Congress
on an annual basis an interim report that--
(i) identifies the sequence and schedule for completion of
the assessments if the Secretary sequences the assessments;
or
(ii) describes the progress of the assessments if the
Secretary does not sequence the assessments.
(6) Updates.--The Secretary may periodically update the
assessments conducted under this subsection based on--
(A) the generation of new information or datasets by the
Federal Government; or
(B) the receipt of new information or datasets from
critical mineral producers, State geological surveys,
academic institutions, trade associations, or other persons.
(7) Additional surveys.--The Secretary shall complete a
resource assessment for each additional mineral or element
subsequently designated as a critical mineral under
subsection (c)(5)(B) not later than 2 years after the
designation of the mineral or element.
(8) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the status of geological surveying of
Federal land for any mineral commodity--
(A) for which the United States was dependent on a foreign
country for more than 25 percent of the United States supply,
as depicted in the report issued by the United States
Geological Survey entitled ``Mineral Commodity Summaries
2020''; but
(B) that is not designated as a critical mineral under
subsection (c).
(e) Permitting.--
(1) Sense of congress.--It is the sense of Congress that--
(A) critical minerals are fundamental to the economy,
competitiveness, and security of the United States;
(B) to the maximum extent practicable, the critical mineral
needs of the United States should be satisfied by minerals
responsibly produced and recycled in the United States; and
(C) the Federal permitting process has been identified as
an impediment to mineral production and the mineral security
of the United States.
(2) Performance improvements.--To improve the quality and
timeliness of decisions, the Secretary (acting through the
Director of the Bureau of Land Management) and the Secretary
of Agriculture (acting through the Chief of the Forest
Service) (referred to in this subsection as the
``Secretaries'') shall, to the maximum extent practicable,
with respect to critical mineral production on Federal land,
complete Federal permitting and review processes with maximum
efficiency and effectiveness, while supporting vital economic
growth, by--
(A) establishing and adhering to timelines and schedules
for the consideration of, and final decisions regarding,
applications, operating plans, leases, licenses, permits, and
other use authorizations for mineral-related activities on
Federal land;
(B) establishing clear, quantifiable, and temporal
permitting performance goals and tracking progress against
those goals;
(C) engaging in early collaboration among agencies, project
sponsors, and affected stakeholders--
(i) to incorporate and address the interests of those
parties; and
(ii) to minimize delays;
(D) ensuring transparency and accountability by using cost-
effective information technology to collect and disseminate
information regarding individual projects and agency
performance;
(E) engaging in early and active consultation with State,
local, and Indian tribal governments to avoid conflicts or
duplication of effort, resolve concerns, and allow for
concurrent, rather than sequential, reviews;
(F) providing demonstrable improvements in the performance
of Federal permitting and review processes, including lower
costs and more timely decisions;
(G) expanding and institutionalizing permitting and review
process improvements that have proven effective;
(H) developing mechanisms to better communicate priorities
and resolve disputes among agencies at the national,
regional, State, and local levels; and
(I) developing other practices, such as preapplication
procedures.
(3) Review and report.--Not later than 1 year after the
date of enactment of this Act, the Secretaries shall submit
to Congress a report that--
(A) identifies additional measures (including regulatory
and legislative proposals, as appropriate) that would
increase the timeliness of permitting activities for the
exploration and development of domestic critical minerals;
(B) identifies options (including cost recovery paid by
permit applicants) for ensuring adequate staffing and
training of Federal entities and personnel responsible for
the consideration of applications, operating plans, leases,
licenses, permits, and other use authorizations for critical
mineral-related activities on Federal land;
(C) quantifies the amount of time typically required
(including range derived from minimum and maximum durations,
mean, median, variance, and other statistical measures or
representations) to complete each step (including those
aspects outside the
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control of the executive branch, such as judicial review,
applicant decisions, or State and local government
involvement) associated with the development and processing
of applications, operating plans, leases, licenses, permits,
and other use authorizations for critical mineral-related
activities on Federal land, which shall serve as a baseline
for the performance metric under paragraph (4); and
(D) describes actions carried out pursuant to paragraph
(2).
(4) Performance metric.--Not later than 90 days after the
date of submission of the report under paragraph (3), the
Secretaries, after providing public notice and an opportunity
to comment, shall develop and publish a performance metric
for evaluating the progress made by the executive branch to
expedite the permitting of activities that will increase
exploration for, and development of, domestic critical
minerals, while maintaining environmental standards.
(5) Annual reports.--Beginning with the first budget
submission by the President under section 1105 of title 31,
United States Code, after publication of the performance
metric required under paragraph (4), and annually thereafter,
the Secretaries shall submit to Congress a report that--
(A) summarizes the implementation of recommendations,
measures, and options identified in subparagraphs (A) and (B)
of paragraph (3);
(B) using the performance metric under paragraph (4),
describes progress made by the executive branch, as compared
to the baseline established pursuant to paragraph (3)(C), on
expediting the permitting of activities that will increase
exploration for, and development of, domestic critical
minerals; and
(C) compares the United States to other countries in terms
of permitting efficiency and any other criteria relevant to
the globally competitive critical minerals industry.
(6) Individual projects.--Using data from the Secretaries
generated under paragraph (5), the Director of the Office of
Management and Budget shall prioritize inclusion of
individual critical mineral projects on the website operated
by the Office of Management and Budget in accordance with
section 1122 of title 31, United States Code.
(7) Report of small business administration.--Not later
than 1 year and 300 days after the date of enactment of this
Act, the Administrator of the Small Business Administration
shall submit to the applicable committees of Congress a
report that assesses the performance of Federal agencies with
respect to--
(A) complying with chapter 6 of title 5, United States Code
(commonly known as the ``Regulatory Flexibility Act''), in
promulgating regulations applicable to the critical minerals
industry; and
(B) performing an analysis of regulations applicable to the
critical minerals industry that may be outmoded, inefficient,
duplicative, or excessively burdensome.
(f) Federal Register Process.--
(1) Departmental review.--Absent any extraordinary
circumstance, and except as otherwise required by law, the
Secretary and the Secretary of Agriculture shall ensure that
each Federal Register notice described in paragraph (2) shall
be--
(A) subject to any required reviews within the Department
of the Interior or the Department of Agriculture; and
(B) published in final form in the Federal Register not
later than 45 days after the date of initial preparation of
the notice.
(2) Preparation.--The preparation of Federal Register
notices required by law associated with the issuance of a
critical mineral exploration or mine permit shall be
delegated to the organizational level within the agency
responsible for issuing the critical mineral exploration or
mine permit.
(3) Transmission.--All Federal Register notices regarding
official document availability, announcements of meetings, or
notices of intent to undertake an action shall be originated
in, and transmitted to the Federal Register from, the office
in which, as applicable--
(A) the documents or meetings are held; or
(B) the activity is initiated.
(g) Recycling, Efficiency, and Alternatives.--
(1) Establishment.--The Secretary of Energy (referred to in
this subsection as the ``Secretary'') shall conduct a program
of research and development--
(A) to promote the efficient production, use, and recycling
of critical minerals throughout the supply chain; and
(B) to develop alternatives to critical minerals that do
not occur in significant abundance in the United States.
(2) Cooperation.--In carrying out the program, the
Secretary shall cooperate with appropriate--
(A) Federal agencies and National Laboratories;
(B) critical mineral producers;
(C) critical mineral processors;
(D) critical mineral manufacturers;
(E) trade associations;
(F) academic institutions;
(G) small businesses; and
(H) other relevant entities or individuals.
(3) Activities.--Under the program, the Secretary shall
carry out activities that include the identification and
development of--
(A) advanced critical mineral extraction, production,
separation, alloying, or processing technologies that
decrease the energy consumption, environmental impact, and
costs of those activities, including--
(i) efficient water and wastewater management strategies;
(ii) technologies and management strategies to control the
environmental impacts of radionuclides in ore tailings;
(iii) technologies for separation and processing; and
(iv) technologies for increasing the recovery rates of
byproducts from host metal ores;
(B) technologies or process improvements that minimize the
use, or lead to more efficient use, of critical minerals
across the full supply chain;
(C) technologies, process improvements, or design
optimizations that facilitate the recycling of critical
minerals, and options for improving the rates of collection
of products and scrap containing critical minerals from post-
consumer, industrial, or other waste streams;
(D) commercial markets, advanced storage methods, energy
applications, and other beneficial uses of critical minerals
processing byproducts;
(E) alternative minerals, metals, and materials,
particularly those available in abundance within the United
States and not subject to potential supply restrictions, that
lessen the need for critical minerals; and
(F) alternative energy technologies or alternative designs
of existing energy technologies, particularly those that use
minerals that--
(i) occur in abundance in the United States; and
(ii) are not subject to potential supply restrictions.
(4) Reports.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to Congress a report summarizing the activities,
findings, and progress of the program.
(h) Analysis and Forecasting.--
(1) Capabilities.--In order to evaluate existing critical
mineral policies and inform future actions that may be taken
to avoid supply shortages, mitigate price volatility, and
prepare for demand growth and other market shifts, the
Secretary (acting through the Director of the United States
Geological Survey) or a designee of the Secretary, in
consultation with the Energy Information Administration,
academic institutions, and others in order to maximize the
application of existing competencies related to developing
and maintaining computer-models and similar analytical tools,
shall conduct and publish the results of an annual report
that includes--
(A) as part of the annually published Mineral Commodity
Summaries from the United States Geological Survey, a
comprehensive review of critical mineral production,
consumption, and recycling patterns, including--
(i) the quantity of each critical mineral domestically
produced during the preceding year;
(ii) the quantity of each critical mineral domestically
consumed during the preceding year;
(iii) market price data or other price data for each
critical mineral;
(iv) an assessment of--
(I) critical mineral requirements to meet the national
security, energy, economic, industrial, technological, and
other needs of the United States during the preceding year;
(II) the reliance of the United States on foreign sources
to meet those needs during the preceding year; and
(III) the implications of any supply shortages,
restrictions, or disruptions during the preceding year;
(v) the quantity of each critical mineral domestically
recycled during the preceding year;
(vi) the market penetration during the preceding year of
alternatives to each critical mineral;
(vii) a discussion of international trends associated with
the discovery, production, consumption, use, costs of
production, prices, and recycling of each critical mineral as
well as the development of alternatives to critical minerals;
and
(viii) such other data, analyses, and evaluations as the
Secretary finds are necessary to achieve the purposes of this
subsection; and
(B) a comprehensive forecast, entitled the ``Annual
Critical Minerals Outlook'', of projected critical mineral
production, consumption, and recycling patterns, including--
(i) the quantity of each critical mineral projected to be
domestically produced over the subsequent 1-year, 5-year, and
10-year periods;
(ii) the quantity of each critical mineral projected to be
domestically consumed over the subsequent 1-year, 5-year, and
10-year periods;
(iii) an assessment of--
(I) critical mineral requirements to meet projected
national security, energy, economic, industrial,
technological, and other needs of the United States;
(II) the projected reliance of the United States on foreign
sources to meet those needs; and
(III) the projected implications of potential supply
shortages, restrictions, or disruptions;
(iv) the quantity of each critical mineral projected to be
domestically recycled over the subsequent 1-year, 5-year, and
10-year periods;
(v) the market penetration of alternatives to each critical
mineral projected to take place over the subsequent 1-year,
5-year, and 10-year periods;
[[Page S1569]]
(vi) a discussion of reasonably foreseeable international
trends associated with the discovery, production,
consumption, use, costs of production, and recycling of each
critical mineral as well as the development of alternatives
to critical minerals; and
(vii) such other projections relating to each critical
mineral as the Secretary determines to be necessary to
achieve the purposes of this subsection.
(2) Proprietary information.--In preparing a report
described in paragraph (1), the Secretary shall ensure,
consistent with section 5(f) of the National Materials and
Minerals Policy, Research and Development Act of 1980 (30
U.S.C. 1604(f)), that--
(A) no person uses the information and data collected for
the report for a purpose other than the development of or
reporting of aggregate data in a manner such that the
identity of the person or firm who supplied the information
is not discernible and is not material to the intended uses
of the information;
(B) no person discloses any information or data collected
for the report unless the information or data has been
transformed into a statistical or aggregate form that does
not allow the identification of the person or firm who
supplied particular information; and
(C) procedures are established to require the withholding
of any information or data collected for the report if the
Secretary determines that withholding is necessary to protect
proprietary information, including any trade secrets or other
confidential information.
(i) Education and Workforce.--
(1) Workforce assessment.--Not later than 1 year and 300
days after the date of enactment of this Act, the Secretary
of Labor (in consultation with the Secretary, the Director of
the National Science Foundation, institutions of higher
education with substantial expertise in mining, institutions
of higher education with significant expertise in minerals
research, including fundamental research into alternatives,
and employers in the critical minerals sector) shall submit
to Congress an assessment of the domestic availability of
technically trained personnel necessary for critical mineral
exploration, development, assessment, production,
manufacturing, recycling, analysis, forecasting, education,
and research, including an analysis of--
(A) skills that are in the shortest supply as of the date
of the assessment;
(B) skills that are projected to be in short supply in the
future;
(C) the demographics of the critical minerals industry and
how the demographics will evolve under the influence of
factors such as an aging workforce;
(D) the effectiveness of training and education programs in
addressing skills shortages;
(E) opportunities to hire locally for new and existing
critical mineral activities;
(F) the sufficiency of personnel within relevant areas of
the Federal Government for achieving the policies described
in section 3 of the National Materials and Minerals Policy,
Research and Development Act of 1980 (30 U.S.C. 1602); and
(G) the potential need for new training programs to have a
measurable effect on the supply of trained workers in the
critical minerals industry.
(2) Curriculum study.--
(A) In general.--The Secretary and the Secretary of Labor
shall jointly enter into an arrangement with the National
Academy of Sciences and the National Academy of Engineering
under which the Academies shall coordinate with the National
Science Foundation on conducting a study--
(i) to design an interdisciplinary program on critical
minerals that will support the critical mineral supply chain
and improve the ability of the United States to increase
domestic, critical mineral exploration, development,
production, manufacturing, research, including fundamental
research into alternatives, and recycling;
(ii) to address undergraduate and graduate education,
especially to assist in the development of graduate level
programs of research and instruction that lead to advanced
degrees with an emphasis on the critical mineral supply chain
or other positions that will increase domestic, critical
mineral exploration, development, production, manufacturing,
research, including fundamental research into alternatives,
and recycling;
(iii) to develop guidelines for proposals from institutions
of higher education with substantial capabilities in the
required disciplines for activities to improve the critical
mineral supply chain and advance the capacity of the United
States to increase domestic, critical mineral exploration,
research, development, production, manufacturing, and
recycling; and
(iv) to outline criteria for evaluating performance and
recommendations for the amount of funding that will be
necessary to establish and carry out the program described in
paragraph (3).
(B) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress
a description of the results of the study required under
subparagraph (A).
(3) Program.--
(A) Establishment.--The Secretary and the Secretary of
Labor shall jointly conduct a competitive grant program under
which institutions of higher education may apply for and
receive 4-year grants for--
(i) startup costs for newly designated faculty positions in
integrated critical mineral education, research, innovation,
training, and workforce development programs consistent with
paragraph (2);
(ii) internships, scholarships, and fellowships for
students enrolled in programs related to critical minerals;
(iii) equipment necessary for integrated critical mineral
innovation, training, and workforce development programs; and
(iv) research of critical minerals and their applications,
particularly concerning the manufacture of critical
components vital to national security.
(B) Renewal.--A grant under this paragraph shall be
renewable for up to 2 additional 3-year terms based on
performance criteria outlined under paragraph (2)(A)(iv).
(j) National Geological and Geophysical Data Preservation
Program.--Section 351(k) of the Energy Policy Act of 2005 (42
U.S.C. 15908(k)) is amended by striking ``$30,000,000 for
each of fiscal years 2006 through 2010'' and inserting
``$5,000,000 for each of fiscal years 2021 through 2029, to
remain available until expended''.
(k) Administration.--
(1) In general.--The National Critical Materials Act of
1984 (30 U.S.C. 1801 et seq.) is repealed.
(2) Conforming amendment.--Section 3(d) of the National
Superconductivity and Competitiveness Act of 1988 (15 U.S.C.
5202(d)) is amended in the first sentence by striking ``,
with the assistance of the National Critical Materials
Council as specified in the National Critical Materials Act
of 1984 (30 U.S.C. 1801 et seq.),''.
(3) Savings clauses.--
(A) In general.--Nothing in this section or an amendment
made by this section modifies any requirement or authority
provided by--
(i) the matter under the heading ``geological survey'' of
the first section of the Act of March 3, 1879 (43 U.S.C.
31(a)); or
(ii) the first section of Public Law 87-626 (43 U.S.C.
31(b)).
(B) Effect on department of defense.--Nothing in this
section or an amendment made by this section affects the
authority of the Secretary of Defense with respect to the
work of the Department of Defense on critical material
supplies in furtherance of the national defense mission of
the Department of Defense.
(C) Secretarial order not affected.--This section shall not
apply to any mineral described in Secretarial Order No. 3324,
issued by the Secretary on December 3, 2012, in any area to
which the order applies.
(4) Application of certain provisions.--
(A) In general.--Subsections (e) and (f) shall apply to--
(i) an exploration project in which the presence of a
byproduct is reasonably expected, based on known mineral
companionality, geologic formation, mineralogy, or other
factors; and
(ii) a project that demonstrates that the byproduct is of
sufficient grade that, when combined with the production of a
host mineral, the byproduct is economic to recover, as
determined by the applicable Secretary in accordance with
subparagraph (B).
(B) Requirement.--In making the determination under
subparagraph (A)(ii), the applicable Secretary shall consider
the cost effectiveness of the byproducts recovery.
(l) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for
each of fiscal years 2021 through 2029.
SEC. 2102. RARE EARTH ELEMENT ADVANCED COAL TECHNOLOGIES.
(a) Program for Extraction and Recovery of Rare Earth
Elements and Minerals From Coal and Coal Byproducts.--
(1) In general.--The Secretary of Energy, acting through
the Assistant Secretary for Fossil Energy (referred to in
this section as the ``Secretary''), shall carry out a program
under which the Secretary shall develop advanced separation
technologies for the extraction and recovery of rare earth
elements and minerals from coal and coal byproducts.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out the program
described in paragraph (1) $23,000,000 for each of fiscal
years 2021 through 2027.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report evaluating the development of
advanced separation technologies for the extraction and
recovery of rare earth elements and minerals from coal and
coal byproducts, including acid mine drainage from coal mines
and coal mine refuse and tailings.
SEC. 2103. MONITORING MINERAL INVESTMENTS UNDER BELT AND ROAD
INITIATIVE OF PEOPLE'S REPUBLIC OF CHINA.
(a) Report Required.--Not later than 1 year after the date
of the enactment of this Act, the Director of National
Intelligence, in consultation with the Secretary of Interior,
the Secretary, the Secretary of Commerce, the Secretary of
State, the Secretary of Defense, and the United States Trade
Representative, shall submit to the appropriate congressional
committees a report on investments in minerals under the Belt
and Road Initiative of the People's Republic of China that
includes an assessment of--
(1) notable past mineral investments;
(2) whether and how such investments have increased the
extent of control of minerals by the People's Republic of
China;
[[Page S1570]]
(3) any efforts by the People's Republic of China to
counter or interfere with the goals of the Energy Resource
Governance Initiative of the Department of State; and
(4) the strategy of the People's Republic of China with
respect to mineral investments.
(b) Monitoring Mechanism.--In conjunction with each report
required by subsection (a), the Director shall submit to the
appropriate congressional committees a list of any minerals
with respect to which--
(1) the People's Republic of China, directly or through the
Belt and Road Initiative--
(A) is increasing its concentration of extraction and
processing;
(B) is acquiring significant mining and processing
facilities;
(C) is maintaining or increasing export restrictions; or
(D) has achieved substantial control of the supply of
minerals used within an industry or related minerals; or
(2) there is a significant difference between domestic
prices in the People's Republic of China as compared to
prices on international markets; or
(3) there is a significant increase or volatility in price
as a result of the Belt and Road Initiative of the People's
Republic of China.
(c) Critical Mineral Evaluation.--For any mineral included
on the list required by subsection (b) that is not already
designated as critical by the Secretary of the Interior
pursuant to section 2101, the Director shall--
(1) determine, in consultation with the Secretary of the
Interior, the Secretary, the Secretary of Commerce, the
Secretary of State, the Secretary of Defense, and the United
States Trade Representative, whether the mineral is strategic
and critical to the defense or national security of the
United States; and
(2) make a recommendation to the Secretary of the Interior
regarding the designation of the mineral under section 2101.
(d) Annual Updates.--The Director shall update the report
required by subsection (a) and list required by subsection
(b) not less frequently than annually.
(e) Form.--Each report or list required by this section
shall be submitted in unclassified form but may include a
classified annex.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Energy and Natural Resources, the
Committee on Foreign Relations, the Committee on Armed
Services, the Committee on Finance, the Committee on Homeland
Security and Governmental Affairs, the Committee on Commerce,
Science, and Transportation, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Energy and Commerce, the Committee on
Foreign Affairs, the Committee on Armed Services, the
Committee on Ways and Means, the Committee on Homeland
Security, and the Committee on Appropriations of the House of
Representatives.
Subtitle B--Cybersecurity and Grid Security and Modernization
PART I--CYBERSECURITY AND GRID SECURITY
SEC. 2201. INCENTIVES FOR ADVANCED CYBERSECURITY TECHNOLOGY
INVESTMENT.
Part II of the Federal Power Act is amended by inserting
after section 219 (16 U.S.C. 824s) the following:
``SEC. 219A. INCENTIVES FOR CYBERSECURITY INVESTMENTS.
``(a) Definitions.--In this section:
``(1) Advanced cybersecurity technology.--The term
`advanced cybersecurity technology' means any technology,
operational capability, or service, including computer
hardware, software, or a related asset, that enhances the
security posture of public utilities through improvements in
the ability to protect against, detect, respond to, or
recover from a cybersecurity threat (as defined in section
102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501)).
``(2) Advanced cybersecurity technology information.--The
term `advanced cybersecurity technology information' means
information relating to advanced cybersecurity technology or
proposed advanced cybersecurity technology that is generated
by or provided to the Commission or another Federal agency.
``(b) Study.--Not later than 180 days after the date of
enactment of this section, the Commission, in consultation
with the Secretary of Energy, the North American Electric
Reliability Corporation, the Electricity Subsector
Coordinating Council, and the National Association of
Regulatory Utility Commissioners, shall conduct a study to
identify incentive-based, including performance-based, rate
treatments for the transmission and sale of electric energy
subject to the jurisdiction of the Commission that could be
used to encourage--
``(1) investment by public utilities in advanced
cybersecurity technology; and
``(2) participation by public utilities in cybersecurity
threat information sharing programs.
``(c) Incentive-Based Rate Treatment.--Not later than 1
year after the completion of the study under subsection (b),
the Commission shall establish, by rule, incentive-based,
including performance-based, rate treatments for the
transmission of electric energy in interstate commerce and
the sale of electric energy at wholesale in interstate
commerce by public utilities for the purpose of benefitting
consumers by encouraging--
``(1) investments by public utilities in advanced
cybersecurity technology; and
``(2) participation by public utilities in cybersecurity
threat information sharing programs.
``(d) Factors for Consideration.--In issuing a rule
pursuant to this section, the Commission may provide
additional incentives beyond those identified in subsection
(c) in any case in which the Commission determines that an
investment in advanced cybersecurity technology or
information sharing program costs will reduce cybersecurity
risks to--
``(1) defense critical electric infrastructure (as defined
in section 215A(a)) and other facilities subject to the
jurisdiction of the Commission that are critical to public
safety, national defense, or homeland security, as determined
by the Commission in consultation with--
``(A) the Secretary of Energy;
``(B) the Secretary of Homeland Security; and
``(C) other appropriate Federal agencies; and
``(2) facilities of small or medium-sized public utilities
with limited cybersecurity resources, as determined by the
Commission.
``(e) Ratepayer Protection.--
``(1) In general.--Any rate approved under a rule issued
pursuant to this section, including any revisions to that
rule, shall be subject to the requirements of sections 205
and 206 that all rates, charges, terms, and conditions--
``(A) shall be just and reasonable; and
``(B) shall not be unduly discriminatory or preferential.
``(2) Prohibition of duplicate recovery.--Any rule issued
pursuant to this section shall preclude rate treatments that
allow unjust and unreasonable double recovery for advanced
cybersecurity technology.
``(f) Single-Issue Rate Filings.--The Commission shall
permit public utilities to apply for incentive-based rate
treatment under a rule issued under this section on a single-
issue basis by submitting to the Commission a tariff schedule
under section 205 that permits recovery of costs and
incentives over the depreciable life of the applicable
assets, without regard to changes in receipts or other costs
of the public utility.
``(g) Protection of Information.--Advanced cybersecurity
technology information that is provided to, generated by, or
collected by the Federal Government under subsection (b),
(c), or (f) shall be considered to be critical electric
infrastructure information under section 215A.''.
SEC. 2202. RURAL AND MUNICIPAL UTILITY ADVANCED CYBERSECURITY
GRANT AND TECHNICAL ASSISTANCE PROGRAM.
(a) Definitions.--In this section:
(1) Advanced cybersecurity technology.--The term ``advanced
cybersecurity technology'' means any technology, operational
capability, or service, including computer hardware,
software, or a related asset, that enhances the security
posture of electric utilities through improvements in the
ability to protect against, detect, respond to, or recover
from a cybersecurity threat (as defined in section 102 of the
Cybersecurity Act of 2015 (6 U.S.C. 1501)).
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a rural electric cooperative;
(B) a utility owned by a political subdivision of a State,
such as a municipally owned electric utility;
(C) a utility owned by any agency, authority, corporation,
or instrumentality of 1 or more political subdivisions of a
State;
(D) a not-for-profit entity that is in a partnership with
not fewer than 6 entities described in subparagraph (A), (B),
or (C); and
(E) an investor-owned electric utility that sells less than
4,000,000 megawatt hours of electricity per year.
(3) Program.--The term ``Program'' means the Rural and
Municipal Utility Advanced Cybersecurity Grant and Technical
Assistance Program established under subsection (b).
(b) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary, in consultation with
the Secretary of Homeland Security, the Federal Energy
Regulatory Commission, the North American Electric
Reliability Corporation, and the Electricity Subsector
Coordinating Council, shall establish a program, to be known
as the ``Rural and Municipal Utility Advanced Cybersecurity
Grant and Technical Assistance Program'', to provide grants
and technical assistance to, and enter into cooperative
agreements with, eligible entities to protect against,
detect, respond to, and recover from cybersecurity threats.
(c) Objectives.--The objectives of the Program shall be--
(1) to deploy advanced cybersecurity technologies for
electric utility systems; and
(2) to increase the participation of eligible entities in
cybersecurity threat information sharing programs.
(d) Awards.--
(1) In general.--The Secretary--
(A) shall award grants and provide technical assistance
under the Program to eligible entities on a competitive
basis;
(B) shall develop criteria and a formula for awarding
grants and providing technical assistance under the Program;
(C) may enter into cooperative agreements with eligible
entities that can facilitate the objectives described in
subsection (c); and
(D) shall establish a process to ensure that all eligible
entities are informed about and
[[Page S1571]]
can become aware of opportunities to receive grants or
technical assistance under the Program.
(2) Priority for grants and technical assistance.--In
awarding grants and providing technical assistance under the
Program, the Secretary shall give priority to an eligible
entity that, as determined by the Secretary--
(A) has limited cybersecurity resources;
(B) owns assets critical to the reliability of the bulk
power system; or
(C) owns defense critical electric infrastructure (as
defined in section 215A(a) of the Federal Power Act (16
U.S.C. 824o-1(a))).
(e) 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
under any applicable law requiring public disclosure of
information or records.
(f) Funding.--There is authorized to be appropriated to
carry out this section $50,000,000 for each of fiscal years
2021 through 2025, to remain available until expended.
SEC. 2203. 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
development, 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 or revising 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 and public sectors;
and
``(3) other entities responsible for maintaining fuel or
electric reliability and securing energy infrastructure.
``(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, in consultation with the Secretary
of Homeland Security, 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) (as amended by
section 1811) is amended--
(A) by striking subsection (e); and
(B) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
(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.''.
SEC. 2204. ENHANCING GRID SECURITY THROUGH PUBLIC-PRIVATE
PARTNERSHIPS.
(a) Definitions.--In this section:
(1) Electric reliability organization.--The term ``Electric
Reliability Organization'' has the meaning given the term in
section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
(2) Electric utility; state regulatory authority.--The
terms ``electric utility'' and ``State regulatory authority''
have the meanings given those terms in section 3 of the
Federal Power Act (16 U.S.C. 796).
(b) Program to Promote and Advance Physical Security and
Cybersecurity of Electric Utilities.--
(1) Establishment.--The Secretary, in consultation with the
Secretary of Homeland Security, State regulatory authorities,
industry stakeholders, the Electric Reliability Organization,
and any other Federal agencies that the Secretary determines
to be appropriate, shall carry out a program--
(A) to develop, and provide for voluntary implementation
of, maturity models, self-assessments, and auditing methods
for assessing the physical security and cybersecurity of
electric utilities;
(B) to assist with threat assessment and cybersecurity
training for electric utilities;
(C) to provide technical assistance for electric utilities
subject to the program;
(D) to provide training to electric utilities to address
and mitigate cybersecurity supply chain management risks;
(E) to advance the cybersecurity of third-party vendors in
partnerships with electric utilities; and
(F) to increase opportunities for sharing best practices
and data collection within the electric sector.
(2) Scope.--In carrying out the program under paragraph
(1), the Secretary shall--
(A) take into consideration--
(i) the different sizes of electric utilities; and
(ii) the regions that electric utilities serve;
(B) prioritize electric utilities with fewer available
resources due to size or region; and
(C) to the maximum extent practicable, use and leverage--
(i) existing Department programs; and
(ii) existing programs of the Federal agencies determined
to be appropriate under paragraph (1).
(3) Protection of information.--Information provided to, or
collected by, the Federal Government pursuant to this
subsection--
(A) shall be exempt from disclosure under section 552(b)(3)
of title 5, United States Code; and
(B) shall not be made available by any Federal agency,
State, political subdivision of a State, or Tribal authority
pursuant to any Federal, State, political subdivision of a
State, or Tribal law, respectively, requiring public
disclosure of information or records.
(c) Report on Cybersecurity and Distribution Systems.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
the Secretary of Homeland Security, State regulatory
authorities, industry stakeholders, and any other Federal
agencies that the Secretary determines to be appropriate,
shall submit to Congress a report that assesses--
(A) priorities, policies, procedures, and actions for
enhancing the physical security and cybersecurity of
electricity distribution systems, including behind-the-meter
generation, storage, and load management devices, to address
threats to, and vulnerabilities of, electricity distribution
systems; and
(B) the implementation of the priorities, policies,
procedures, and actions assessed under subparagraph (A),
including--
[[Page S1572]]
(i) an estimate of potential costs and benefits of the
implementation; and
(ii) an assessment of any public-private cost-sharing
opportunities.
(2) Protection of information.--Information provided to, or
collected by, the Federal Government under this subsection--
(A) shall be exempt from disclosure under section 552(b)(3)
of title 5, United States Code; and
(B) shall not be made available by any Federal agency,
State, political subdivision of a State, or Tribal authority
pursuant to any Federal, State, political subdivision of a
State, or Tribal law, respectively, requiring public
disclosure of information or records.
SEC. 2205. ENHANCED GRID SECURITY.
(a) Definitions.--In this section:
(1) Electric utility.--The term ``electric utility'' has
the meaning given the term in section 3 of the Federal Power
Act (16 U.S.C. 796).
(2) E-ISAC.--The term ``E-ISAC'' means the Electricity
Sector Information Sharing and Analysis Center.
(b) Cybersecurity for the Energy Sector Research,
Development, and Demonstration Program.--
(1) In general.--The Secretary, in consultation with the
Secretary of Homeland Security and, as determined
appropriate, other Federal agencies, the energy sector, the
States, and other stakeholders, shall carry out a program--
(A) to develop advanced cybersecurity applications and
technologies for the energy sector--
(i) to identify and mitigate vulnerabilities, including--
(I) dependencies on other critical infrastructure; and
(II) impacts from weather and fuel supply; and
(ii) to advance the security of field devices and third-
party control systems, including--
(I) systems for generation, transmission, distribution, end
use, and market functions;
(II) specific electric grid elements including advanced
metering, demand response, distributed generation, and
electricity storage;
(III) forensic analysis of infected systems; and
(IV) secure communications;
(B) to leverage electric grid architecture as a means to
assess risks to the energy sector, including by implementing
an all-hazards approach to communications infrastructure,
control systems architecture, and power systems architecture;
(C) to perform pilot demonstration projects with the energy
sector to gain experience with new technologies; and
(D) to develop workforce development curricula for energy
sector-related cybersecurity.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $65,000,000
for each of fiscal years 2021 through 2029.
(c) Energy Sector Component Testing for Cyberresilience
Program.--
(1) In general.--The Secretary, in consultation with the
Federal Acquisition Security Council, shall carry out a
program--
(A) to establish a cybertesting and mitigation program to
identify vulnerabilities of energy sector supply chain
products to known threats;
(B) to oversee third-party cybertesting; and
(C) to develop procurement guidelines for energy sector
supply chain components.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $15,000,000
for each of fiscal years 2021 through 2029.
(d) Energy Sector Operational Support for Cyberresilience
Program.--
(1) In general.--The Secretary may carry out a program--
(A) to enhance and periodically test--
(i) the emergency response capabilities of the Department;
and
(ii) the coordination of the Department with other
agencies, the National Laboratories, and private industry;
(B) to expand cooperation of the Department with the
intelligence communities for energy sector-related threat
collection and analysis;
(C) to enhance the tools of the Department and E-ISAC for
monitoring the status of the energy sector;
(D) to expand industry participation in E-ISAC; and
(E) to provide, in coordination with the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security, technical assistance to small electric utilities
for purposes of assessing cybermaturity level.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000
for each of fiscal years 2021 through 2029.
(e) Modeling and Assessing Energy Infrastructure Risk.--
(1) In general.--The Secretary, in consultation with the
Secretary of Homeland Security, shall develop an advanced
energy security program to secure energy networks, including
electric, natural gas, and oil exploration, transmission, and
delivery.
(2) Security and resiliency objective.--The objective of
the program developed under paragraph (1) is to increase the
functional preservation of the electric grid operations or
natural gas and oil operations in the face of natural and
human-made threats and hazards, including electric magnetic
pulse and geomagnetic disturbances.
(3) Eligible activities.--In carrying out the program
developed under paragraph (1), the Secretary may--
(A) develop capabilities to identify vulnerabilities and
critical components that pose major risks to grid security if
destroyed or impaired;
(B) provide modeling at the national level to predict
impacts from natural or human-made events;
(C) develop a maturity model for physical security and
cybersecurity;
(D) conduct exercises and assessments to identify and
mitigate vulnerabilities to the electric grid, including
providing mitigation recommendations;
(E) conduct research hardening solutions for critical
components of the electric grid;
(F) conduct research mitigation and recovery solutions for
critical components of the electric grid; and
(G) provide technical assistance to States and other
entities for standards and risk analysis.
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000
for each of fiscal years 2021 through 2029.
(f) Leveraging Existing Programs.--The programs established
under this section shall be carried out consistent with--
(1) the report of the Department entitled ``Roadmap to
Achieve Energy Delivery Systems Cybersecurity'' and dated
2011;
(2) existing programs of the Department; and
(3) any associated strategic framework that links together
academic and National Laboratory researchers, electric
utilities, manufacturers, and any other relevant private
industry organizations, including the Electricity Sub-sector
Coordinating Council.
PART II--GRID MODERNIZATION
SEC. 2210. GRID STORAGE PROGRAM.
(a) In General.--The Secretary shall conduct a program of
research, development, and demonstration of electric grid
energy storage that addresses the principal challenges
identified in the 2013 Department of Energy Strategic Plan
for Grid Energy Storage.
(b) Areas of Focus.--The program under this section shall
focus on--
(1) materials, electric thermal, electromechanical, and
electrochemical systems research;
(2) power conversion technologies research;
(3) developing--
(A) empirical and science-based industry standards to
compare the storage capacity, cycle length and capabilities,
and reliability of different types of electricity storage;
and
(B) validation and testing techniques;
(4) other fundamental and applied research critical to
widespread deployment of electricity storage;
(5) device development that builds on results from research
described in paragraphs (1), (2), and (4), including
combinations of power electronics, advanced optimizing
controls, and energy storage as a general purpose element of
the electric grid;
(6) grid-scale testing and analysis of storage devices,
including test-beds and field trials;
(7) cost-benefit analyses that inform capital expenditure
planning for regulators and owners and operators of
components of the electric grid;
(8) electricity storage device safety and reliability,
including potential failure modes, mitigation measures, and
operational guidelines;
(9) standards for storage device performance, control
interface, grid interconnection, and interoperability; and
(10) maintaining a public database of energy storage
projects, policies, codes, standards, and regulations.
(c) Assistance to States.--The Secretary may provide
technical and financial assistance to States, Indian Tribes,
or units of local government to participate in or use
research, development, or demonstration of technology
developed under this section.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$50,000,000 for each of fiscal years 2021 through 2029.
(e) No Effect on Other Provisions of Law.--Nothing in this
Act or an amendment made by this Act authorizes regulatory
actions that would duplicate or conflict with regulatory
requirements, mandatory standards, or related processes under
section 215 of the Federal Power Act (16 U.S.C. 824o).
(f) Use of Funds.--To the maximum extent practicable, in
carrying out this section, the Secretary shall ensure that
the use of funds to carry out this section is coordinated
among different offices within the Grid Modernization
Initiative of the Department and other programs conducting
energy storage research.
SEC. 2211. TECHNOLOGY DEMONSTRATION ON THE DISTRIBUTION
SYSTEM.
(a) In General.--The Secretary shall establish a grant
program to carry out eligible projects related to the
modernization of the electric grid, including the application
of technologies to improve observability, advanced controls,
and prediction of system performance on the distribution
system.
(b) Eligible Projects.--To be eligible for a grant under
subsection (a), a project shall--
(1) be designed to improve the performance and efficiency
of the future electric grid, while ensuring the continued
provision of safe, secure, reliable, and affordable power;
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(2) demonstrate--
(A) secure integration and management of two or more energy
resources, including distributed energy generation, combined
heat and power, micro-grids, energy storage, electric
vehicles, energy efficiency, demand response, and intelligent
loads; and
(B) secure integration and interoperability of
communications and information technologies; and
(3) be subject to the requirements of section 545(a) of the
Energy Security and Independence Act of 2007 (42 U.S.C.
17155(a)).
SEC. 2212. MICRO-GRID AND HYBRID MICRO-GRID SYSTEMS PROGRAM.
(a) Definitions.--In this section:
(1) Hybrid micro-grid system.--The term ``hybrid micro-grid
system'' means a micro-grid system that--
(A) comprises generation from both conventional and
renewable energy resources; and
(B) may use grid-scale energy storage.
(2) Isolated community.--The term ``isolated community''
means a community that is powered by a stand-alone electric
generation and distribution system without the economic and
reliability benefits of connection to a regional electric
grid.
(3) Micro-grid system.--The term ``micro-grid system''
means a localized grid that operates autonomously, regardless
of whether the grid can operate in connection with another
grid.
(4) Strategy.--The term ``strategy'' means the strategy
developed pursuant to subsection (b)(2)(B).
(b) Program.--
(1) Establishment.--The Secretary shall establish a program
to promote the development of--
(A) hybrid micro-grid systems for isolated communities; and
(B) micro-grid systems to increase the resilience of
critical infrastructure.
(2) Phases.--The program established under paragraph (1)
shall be divided into the following phases:
(A) Phase I, which shall consist of the development of a
feasibility assessment for--
(i) hybrid micro-grid systems in isolated communities; and
(ii) micro-grid systems to enhance the resilience of
critical infrastructure.
(B) Phase II, which shall consist of the development of an
implementation strategy, in accordance with paragraph (3), to
promote the development of hybrid micro-grid systems for
isolated communities, particularly for those communities
exposed to extreme weather conditions and high energy costs,
including electricity, space heating and cooling, and
transportation.
(C) Phase III, which shall be carried out in parallel with
Phase II and consist of the development of an implementation
strategy to promote the development of micro-grid systems
that increase the resilience of critical infrastructure.
(D) Phase IV, which shall consist of cost-shared
demonstration projects, based upon the strategies developed
under subparagraph (B) that include the development of
physical and cybersecurity plans to take appropriate measures
to protect and secure the electric grid.
(E) Phase V, which shall establish a benefits analysis plan
to help inform regulators, policymakers, and industry
stakeholders about the affordability, environmental and
resilience benefits associated with Phases II, III, and IV.
(3) Requirements for strategy.--In developing the strategy
under paragraph (2)(B), the Secretary shall consider--
(A) establishing future targets for the economic
displacement of conventional generation using hybrid micro-
grid systems, including displacement of conventional
generation used for electric power generation, heating and
cooling, and transportation;
(B) the potential for renewable resources, including wind,
solar, and hydropower, to be integrated into a hybrid micro-
grid system;
(C) opportunities for improving the efficiency of existing
hybrid micro-grid systems;
(D) the capacity of the local workforce to operate,
maintain, and repair a hybrid micro-grid system;
(E) opportunities to develop the capacity of the local
workforce to operate, maintain, and repair a hybrid micro-
grid system;
(F) leveraging existing capacity within local or regional
research organizations, such as organizations based at
institutions of higher education, to support development of
hybrid micro-grid systems, including by testing novel
components and systems prior to field deployment;
(G) the need for basic infrastructure to develop, deploy,
and sustain a hybrid micro-grid system;
(H) input of traditional knowledge from local leaders of
isolated communities in the development of a hybrid micro-
grid system;
(I) the impact of hybrid micro-grid systems on defense,
homeland security, economic development, and environmental
interests;
(J) opportunities to leverage existing interagency
coordination efforts and recommendations for new interagency
coordination efforts to minimize unnecessary overhead,
mobilization, and other project costs; and
(K) any other criteria the Secretary determines
appropriate.
(c) Collaboration.--The program established under
subsection (b)(1) shall be carried out in collaboration with
relevant stakeholders, including, as appropriate--
(1) States;
(2) Indian Tribes;
(3) regional entities and regulators;
(4) units of local government;
(5) institutions of higher education; and
(6) private sector entities.
(d) Report.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter until calendar
year 2029, the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee
on Energy and Commerce of the House of Representatives a
report on the efforts to implement the program established
under subsection (b)(1) and the status of the strategy
developed under subsection (b)(2)(B).
(e) Municipal Micro-grid Systems.--
(1) Report.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report on the benefits of, and barriers to,
implementing resilient micro-grid systems that are--
(A)(i) owned or operated by isolated communities or
municipal governments; or
(ii) operated on behalf of municipal governments; and
(B) designed to maximize the use of--
(i) energy-generation facilities owned or operated by
isolated communities; or
(ii) municipal energy-generation facilities.
(2) Grants to overcome barriers.--The Secretary shall award
grants of not more than $500,000 to not fewer than 10
municipal governments or isolated communities each year to
assist those municipal governments and isolated communities
in overcoming the barriers identified in the report under
paragraph (1).
SEC. 2213. ELECTRIC GRID ARCHITECTURE, SCENARIO DEVELOPMENT,
AND MODELING.
(a) Grid Architecture and Scenario Development.--
(1) In general.--Subject to paragraph (2), the Secretary
shall establish and facilitate a collaborative process to
develop model grid architecture and a set of future scenarios
for the electric grid to examine the impacts of different
combinations of resources (including different quantities of
distributed energy resources and large-scale, central
generation) on the electric grid.
(2) Market structure.--The grid architecture and scenarios
developed under paragraph (1) shall account for differences
in market structure, including an examination of the
potential for stranded costs in each type of market
structure.
(3) Findings.--
(A) In general.--Based on the findings of grid architecture
developed under paragraph (1), the Secretary shall--
(i) determine whether any additional standards are
necessary to ensure the interoperability of grid systems and
associated communications networks; and
(ii) if the Secretary makes a determination that additional
standards are necessary under subparagraph (A), make
recommendations for additional standards, including, as may
be appropriate, to the Electric Reliability Organization
under section 215 of the Federal Power Act (16 U.S.C. 824o).
(B) Consideration.--The Electric Reliability Organization
shall not be under any obligation to establish any process to
consider the recommendations described in subparagraph
(A)(ii).
(b) Modeling.--Subject to subsection (c), the Secretary
shall--
(1) conduct modeling based on the scenarios developed under
subsection (a); and
(2) analyze and evaluate the technical and financial
impacts of the models to assist States, utilities, and other
stakeholders in--
(A) enhancing strategic planning efforts;
(B) avoiding stranded costs; and
(C) maximizing the cost-effectiveness of future grid-
related investments.
(c) Input.--The Secretary shall develop the scenarios and
conduct the modeling and analysis under subsections (a) and
(b) with participation or input, as appropriate, from--
(1) the National Laboratories;
(2) States;
(3) State regulatory authorities;
(4) transmission organizations;
(5) representatives of all sectors of the electric power
industry;
(6) academic institutions;
(7) independent research institutes; and
(8) other entities.
(d) Effect.--Nothing in this section grants any person a
right to receive or review confidential, proprietary, or
otherwise protected information concerning grid architecture
or scenarios.
SEC. 2214. VOLUNTARY MODEL PATHWAYS.
(a) Establishment of Voluntary Model Pathways.--
(1) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Secretary, in consultation with
the steering committee established under paragraph (3), shall
initiate the development of voluntary model pathways for
modernizing the electric grid through a collaborative,
public-private effort that--
(A) produces illustrative policy pathways encompassing a
diverse range of technologies that can be adapted for State
and regional applications by regulators and policymakers;
(B) facilitates the modernization of the electric grid and
associated communications networks to achieve the objectives
described in paragraph (2);
[[Page S1574]]
(C) ensures a reliable, resilient, affordable, safe, and
secure electric grid; and
(D) acknowledges and accounts for different priorities,
electric systems, and rate structures across States and
regions.
(2) Objectives.--The pathways established under paragraph
(1) shall facilitate achievement of as many of the following
objectives as practicable:
(A) Near real-time situational awareness of the electric
system.
(B) Data visualization.
(C) Advanced monitoring and control of the advanced
electric grid.
(D) Enhanced certainty of policies for investment in the
electric grid.
(E) Increased innovation.
(F) Greater consumer empowerment.
(G) Enhanced grid resilience, reliability, and robustness.
(H) Improved--
(i) integration of distributed energy resources;
(ii) interoperability of the electric system; and
(iii) predictive modeling and capacity forecasting.
(I) Reduced cost of service for consumers.
(J) Diversification of generation sources.
(3) Steering committee.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall establish
a steering committee to help develop the pathways under
paragraph (1), to be composed of members appointed by the
Secretary, consisting of persons with appropriate expertise
representing a diverse range of interests in the public,
private, and academic sectors, including representatives of--
(A) the Federal Energy Regulatory Commission;
(B) the National Laboratories;
(C) States;
(D) State regulatory authorities;
(E) transmission organizations;
(F) representatives of all sectors of the electric power
industry;
(G) institutions of higher education;
(H) independent research institutes; and
(I) other entities.
(b) Technical Assistance.--The Secretary may provide
technical assistance to States, Indian Tribes, or units of
local government to adopt or implement one or more elements
of the pathways developed under subsection (a)(1), including
on a pilot basis.
SEC. 2215. PERFORMANCE METRICS FOR ELECTRICITY INFRASTRUCTURE
PROVIDERS.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in consultation with
the steering committee established under section 2214(a)(3),
shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Energy and Commerce of the
House of Representatives a report that includes--
(1) an evaluation of the performance of the electric grid
as of the date of the report; and
(2) a description of the projected range of measurable
costs and benefits associated with the changes evaluated
under the scenarios developed under section 2213.
(b) Considerations for Development of Metrics.--In
developing metrics for the evaluation and projections under
subsection (a), the Secretary shall consider--
(1) standard methodologies for calculating improvements or
deteriorations in the performance metrics, such as
reliability, grid efficiency, power quality, consumer
satisfaction, sustainability, and financial incentives;
(2) standard methodologies for calculating potential costs
and measurable benefits value to ratepayers, applying the
performance metrics developed under paragraph (1);
(3) identification of tools, resources, and deployment
models that may enable improved performance through the
adoption of emerging, commercially available or advanced grid
technologies or solutions, including--
(A) multicustomer micro-grids;
(B) distributed energy resources;
(C) energy storage;
(D) electric vehicles;
(E) electric vehicle charging infrastructure;
(F) integrated information and communications systems;
(G) transactive energy systems; and
(H) advanced demand management systems; and
(4) the role of States and local regulatory authorities in
enabling a robust future electric grid to ensure that--
(A) electric utilities remain financially viable;
(B) electric utilities make the needed investments that
ensure a reliable, secure, and resilient grid; and
(C) costs incurred to transform to an integrated grid are
allocated and recovered responsibly, efficiently, and
equitably.
SEC. 2216. VOLUNTARY STATE, REGIONAL, AND LOCAL ELECTRICITY
DISTRIBUTION PLANNING.
(a) In General.--On the request of a State, regional
organization, or electric utility, the Secretary shall
provide assistance to States, regional organizations, and
electric utilities to facilitate the development of State,
regional, and local electricity distribution plans by--
(1) conducting a resource assessment and analysis of future
demand and distribution requirements; and
(2) developing open source tools for State, regional, and
local planning and operations.
(b) Risk and Security Analysis.--The assessment under
subsection (a)(1) shall include--
(1) the evaluation of the physical security, cybersecurity,
and associated communications needs of an advanced
distribution management system and the integration of
distributed energy resources; and
(2) advanced use of grid architecture to analyze risks in
an all-hazards approach that includes communications
infrastructure, control systems architecture, and power
systems architecture.
(c) Designation.--The information collected for the
assessment and analysis under subsection (a)(1)--
(1) shall be considered to be critical electric
infrastructure information under section 215A of the Federal
Power Act (16 U.S.C. 824o-1); and
(2) shall only be released in compliance with regulations
implementing that section.
(d) Technical Assistance.--For the purpose of assisting in
the development of State and regional electricity
distribution plans, the Secretary shall provide technical
assistance to--
(1) States;
(2) regional reliability entities; and
(3) other distribution asset owners and operators.
(e) Withdrawal.--A State or any entity that has requested
technical assistance under this section may withdraw the
request for technical assistance at any time, and on such
withdrawal, the Secretary shall terminate all assistance
efforts.
(f) Effect.--Nothing in this section authorizes the
Secretary to require any State, regional organization,
regional reliability entity, asset owner, or asset operator
to adopt any model, tool, plan, analysis, or assessment.
SEC. 2217. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to
carry out sections 2211 through 2216 $200,000,000 for each of
fiscal years 2021 through 2029.
SEC. 2218. STUDY ON THE IMPLEMENTATION OF MICROGRIDS IN
WILDFIRE RISK AREAS.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall--
(1) conduct a study relating to the implementation of
microgrids in wildfire risk areas, including assessments of--
(A) the means by which utilities can better plan for that
implementation;
(B) any permitting changes at the local, State, or Federal
level that are necessary for that implementation; and
(C) any other barriers to that implementation; and
(2) make publicly available the results of the study
conducted under paragraph (1).
SEC. 2219. NET METERING STUDY AND EVALUATION.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall seek to enter into
an agreement with the National Academies of Sciences,
Engineering, and Medicine (referred to in this section as the
``National Academies'') under which the National Academies
shall--
(1) study the opportunities and challenges associated with
net metering; and
(2) evaluate the expected medium- and long-term impacts of
net metering.
(b) Elements.--The study and evaluation conducted pursuant
to the agreement entered into under subsection (a) shall
address--
(1) developments in net metering, including the emergence
of new technologies;
(2) alternatives to existing metering systems that--
(A) provide for transactions that--
(i) measure electric energy consumption by an electric
consumer at the home or facility of that electric consumer;
and
(ii) are capable of sending electric energy usage
information through a communications network to an electric
utility;
(B) promote equitable distribution of resources and costs;
and
(C) provide incentives for the use of distributed renewable
generation;
(3) net metering planning and operating techniques;
(4) effective architecture for net metering;
(5) successful net metering business models;
(6) consumer and industry incentives for net metering;
(7) the role of renewable resources in the electric grid;
(8) the role of net metering in developing future models
for renewable infrastructure; and
(9) the use of battery storage with net metering.
(c) Report.--
(1) In general.--The agreement entered into under
subsection (a) shall require the National Academies to submit
to the Secretary, not later than 2 years after entering into
the agreement, a report that describes the results of the
study and evaluation conducted pursuant to the agreement.
(2) Public availability.--The report submitted under
paragraph (1) shall be made available to the public through
electronic means, including the internet.
Subtitle C--Workforce Development
SEC. 2301. DEFINITIONS.
In this subtitle:
(1) WIOA terms.--The terms ``community-based
organization'', ``economic development agency'', ``recognized
postsecondary credential'', and ``State'' have the meanings
given the terms in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
[[Page S1575]]
(2) Apprenticeship program.--The term ``apprenticeship
program'' means an apprenticeship registered under the Act of
August 16, 1937 (commonly known as the ``National
Apprenticeship Act'') (50 Stat. 664, chapter 663; 29 U.S.C.
50 et seq.), including, as in effect on December 30, 2019,
any requirement, standard, or rule promulgated under that
Act.
(3) Area career and technical education school.--The term
``area career and technical education school'' has the
meaning given the term in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2302).
(4) Board.--The term ``Board'' means the 21st Century
Energy Workforce Advisory Board established under section
2304(a).
(5) Covered facility of the national nuclear security
administration.--The term ``covered facility of the National
Nuclear Security Administration'' means a national security
laboratory or a nuclear weapons production facility (as those
terms are defined in section 4002 of the Atomic Energy
Defense Act (50 U.S.C. 2501)).
(6) Eligible sponsor.--The term ``eligible sponsor'' means
a public organization or an organization described in section
501(c) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of that Code, that--
(A) with respect to an apprenticeship program, administers
such program through a partnership that may include--
(i) a business;
(ii) an employer or industry association;
(iii) a labor-management organization;
(iv) a local workforce development board or State workforce
development board;
(v) a 2- or 4-year institution of higher education that
offers an educational program leading to an associate's or
bachelor's degree in conjunction with a certificate of
completion of apprenticeship;
(vi) the Armed Forces (including the National Guard and
Reserves);
(vii) a community-based organization;
(viii) a labor organization with significant energy
experience; or
(ix) an economic development agency; and
(B) with respect to a preapprenticeship program, is a local
educational agency, a secondary school, an area career and
technical education school, a State workforce development
board, a local workforce development board, a labor
organization, or a community-based organization, that
administers such program with any required coordination and
necessary approvals from the Secretary of Labor or a State
department of labor.
(7) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(8) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 and subparagraphs (A) and (B) of section
102(a)(1) of the Higher Education Act of 1965 (20 U.S.C.
1001, 1002(a)(1)).
(9) Labor organization.--The term ``labor organization''
has the meaning given the term in section 2 of the National
Labor Relations Act (29 U.S.C. 152).
(10) Local educational agency.--The term ``local
educational agency'' has the meaning given the term in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(11) Local workforce development board.--The term ``local
workforce development board'' has the meaning given the term
``local board'' in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(12) Minority-serving institution.--The term ``minority-
serving institution'' means an institution of higher
education eligible to receive funds under section 320 or
371(a) of the Higher Education Act of 1965 (20 U.S.C. 1059g,
1067q(a)).
(13) Preapprenticeship.--The term ``preapprenticeship'',
used with respect to a program, means an initiative or set of
strategies that--
(A) is designed to prepare participants to enter an
apprenticeship program;
(B) is carried out by an eligible sponsor that has a
documented partnership with 1 or more sponsors of
apprenticeship programs; and
(C) includes each of the following:
(i) Training (including a curriculum for the training)
aligned with industry standards related to an apprenticeship
program and reviewed and approved annually by sponsors of the
apprenticeship program within the documented partnership that
will prepare participants by teaching the skills and
competencies needed to enter 1 or more apprenticeship
programs.
(ii) Hands-on training and theoretical education for
participants that does not displace a paid employee.
(iii) A formal agreement with a sponsor of an
apprenticeship program that would enable participants who
successfully complete the preapprenticeship program--
(I) to enter directly into the apprenticeship program if a
place in the program is available and if the participant
meets the qualifications of the apprenticeship program; and
(II) to earn credits towards the apprenticeship program.
(14) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(15) State workforce development board.--The term ``State
workforce development board'' has the meaning given the term
``State board'' in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(16) Tribal organization.--The term ``tribal organization''
has the meaning given the term in section 3765 of title 38,
United States Code.
SEC. 2302. ADDRESSING INSUFFICIENT COMPENSATION OF EMPLOYEES
AND OTHER PERSONNEL OF THE FEDERAL ENERGY
REGULATORY COMMISSION.
(a) In General.--Section 401 of the Department of Energy
Organization Act (42 U.S.C. 7171) is amended by adding at the
end the following:
``(k) Addressing Insufficient Compensation of Employees and
Other Personnel of the Commission.--
``(1) In general.--Notwithstanding any other provision of
law, if the Chairman publicly certifies that compensation for
a category of employees or other personnel of the Commission
is insufficient to retain or attract employees and other
personnel to allow the Commission to carry out the functions
of the Commission in a timely, efficient, and effective
manner, the Chairman may fix the compensation for the
category of employees or other personnel without regard to
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, or any other civil service law.
``(2) Certification requirements.--A certification issued
under paragraph (1) shall--
``(A) apply with respect to a category of employees or
other personnel responsible for conducting work of a
scientific, technological, engineering, or mathematical
nature;
``(B) specify a maximum amount of reasonable compensation
for the category of employees or other personnel;
``(C) be valid for a 5-year period beginning on the date on
which the certification is issued;
``(D) be no broader than necessary to achieve the objective
of retaining or attracting employees and other personnel to
allow the Commission to carry out the functions of the
Commission in a timely, efficient, and effective manner; and
``(E) include an explanation for why the other approaches
available to the Chairman for retaining and attracting
employees and other personnel are inadequate.
``(3) Renewal.--
``(A) In general.--Not later than 90 days before the date
of expiration of a certification issued under paragraph (1),
the Chairman shall determine whether the certification should
be renewed for a subsequent 5-year period.
``(B) Requirement.--If the Chairman determines that a
certification should be renewed under subparagraph (A), the
Chairman may renew the certification, subject to the
certification requirements under paragraph (2) that were
applicable to the initial certification.
``(4) New hires.--
``(A) In general.--An employee or other personnel that is a
member of a category of employees or other personnel that
would have been covered by a certification issued under
paragraph (1), but was hired during a period in which the
certification has expired and has not been renewed under
paragraph (3) shall not be eligible for compensation at the
level that would have applied to the employee or other
personnel if the certification had been in effect on the date
on which the employee or other personnel was hired.
``(B) Compensation of new hires on renewal.--On renewal of
a certification under paragraph (3), the Chairman may fix the
compensation of the employees or other personnel described in
subparagraph (A) at the level established for the category of
employees or other personnel in the certification.
``(5) Retention of level of fixed compensation.--A category
of employees or other personnel, the compensation of which
was fixed by the Chairman in accordance with paragraph (1),
may, at the discretion of the Chairman, have the level of
fixed compensation for the category of employees or other
personnel retained, regardless of whether a certification
described under that paragraph is in effect with respect to
the compensation of the category of employees or other
personnel.
``(6) Consultation required.--The Chairman shall consult
with the Director of the Office of Personnel Management in
implementing this subsection, including in the determination
of the amount of compensation with respect to each category
of employees or other personnel.
``(7) Experts and consultants.--
``(A) In general.--Subject to subparagraph (B), the
Chairman may--
``(i) obtain the services of experts and consultants in
accordance with section 3109 of title 5, United States Code;
``(ii) compensate those experts and consultants for each
day (including travel time) at rates not in excess of the
rate of pay for level IV of the Executive Schedule under
section 5315 of that title; and
``(iii) pay to the experts and consultants serving away
from the homes or regular places of business of the experts
and consultants travel expenses and per diem in lieu of
subsistence at rates authorized by sections 5702 and 5703 of
that title for persons in Government service employed
intermittently.
``(B) Limitations.--The Chairman shall--
[[Page S1576]]
``(i) to the maximum extent practicable, limit the use of
experts and consultants pursuant to subparagraph (A); and
``(ii) ensure that the employment contract of each expert
and consultant employed pursuant to subparagraph (A) is
subject to renewal not less frequently than annually.''.
(b) Reports.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and every 2 years thereafter for 10
years, the Chairman of the Federal Energy Regulatory
Commission shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report on
information relating to hiring, vacancies, and compensation
at the Federal Energy Regulatory Commission.
(2) Inclusions.--Each report under paragraph (1) shall
include--
(A) an analysis of any trends with respect to hiring,
vacancies, and compensation at the Federal Energy Regulatory
Commission; and
(B) a description of the efforts to retain and attract
employees or other personnel responsible for conducting work
of a scientific, technological, engineering, or mathematical
nature at the Federal Energy Regulatory Commission.
(c) Applicability.--The amendment made by subsection (a)
shall apply beginning on the date that is 30 days after the
date of enactment of this Act.
SEC. 2303. REPORT ON THE AUTHORITY OF THE SECRETARY TO
IMPLEMENT FLEXIBLE COMPENSATION MODELS.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to Congress a report
examining the full scope of the hiring authority made
available to the Secretary by the Office of Personnel
Management to implement flexible compensation models,
including pay for performance and pay banding, throughout the
Department, including at the National Laboratories, for the
purposes of hiring, recruiting, and retaining employees
responsible for conducting work of a scientific,
technological, engineering, or mathematical nature.
SEC. 2304. 21ST CENTURY ENERGY WORKFORCE ADVISORY BOARD.
(a) Establishment.--The Secretary shall establish a board,
to be known as the ``21st Century Energy Workforce Advisory
Board'', to develop a strategy for the Department that, with
respect to the role of the Department in the support and
development of a skilled energy workforce--
(1) meets the current and future industry and labor needs
of the energy sector;
(2) provides opportunities for students to become qualified
for placement in traditional energy sector and clean energy
sector jobs;
(3) identifies areas in which the Department can
effectively utilize the technical expertise of the Department
to support the workforce activities of other Federal
agencies;
(4) strengthens and engages the workforce training programs
of the Department and the National Laboratories in carrying
out the Minorities in Energy Initiative of the Department and
other Department workforce priorities;
(5) develops plans to support and retrain displaced and
unemployed energy sector workers; and
(6) prioritizes education and job training for
underrepresented groups, including racial and ethnic
minorities, Indian tribes, women, veterans, and
socioeconomically disadvantaged individuals.
(b) Membership.--
(1) In general.--The Board shall be composed of not fewer
than 10 and not more than 15 members, with the initial
members of the Board to be appointed by the Secretary not
later than 1 year after the date of enactment of this Act.
(2) Requirement.--The Board shall include not fewer than 1
representative of a labor organization with significant
energy experience who has been nominated by a national labor
federation.
(3) Qualifications.--Each individual appointed to the Board
under paragraph (1) shall have expertise in--
(A) the field of economics or workforce development;
(B) relevant traditional energy industries or clean energy
industries;
(C) secondary or postsecondary education;
(D) energy workforce development or apprenticeship programs
of States or units of local government;
(E) relevant organized labor organizations; or
(F) bringing underrepresented groups, including racial and
ethnic minorities, women, veterans, and socioeconomically
disadvantaged individuals, into the workforce.
(4) Limitation.--No individual shall be appointed to the
Board who is an employee or a board member of an entity
applying for a grant under section 2305 or 2306.
(c) Advisory Board Review and Recommendations.--
(1) Determination by board.--In developing the strategy
required under subsection (a), the Board shall--
(A) determine whether there are opportunities to more
effectively and efficiently use the capabilities of the
Department in the development of a skilled energy workforce;
(B) identify ways in which the Department could work with
other relevant Federal agencies, States, units of local
government, institutions of higher education, labor
organizations, Indian tribes and tribal organizations, and
industry in the development of a skilled energy workforce;
(C) identify ways in which the Department and National
Laboratories can--
(i) increase outreach to minority-serving institutions; and
(ii) make resources available to increase the number of
skilled minorities and women trained to go into the energy-
and manufacturing-related sectors;
(iii) increase outreach to displaced and unemployed energy
sector workers; and
(iv) make resources available to provide training to
displaced and unemployed energy sector workers to reenter the
energy workforce; and
(D)(i) identify the energy sectors in greatest need of
workforce training; and
(ii) in consultation with the Secretary of Labor, develop
guidelines for the skills necessary to develop a workforce
trained to work in those energy sectors.
(2) Required analysis.--In developing the strategy required
under subsection (a), the Board shall analyze the
effectiveness of--
(A) existing Department-directed support; and
(B) developing energy workforce training programs.
(3) Report.--
(A) In general.--Not later than 1 year after the date on
which the Board is established under this section, and
biennially thereafter until the date on which the Board is
terminated under subsection (g), the Board shall submit to
the Secretary a report containing, with respect to the
strategy required under subsection (a)--
(i) the findings of the Board; and
(ii) the proposed energy workforce strategy of the Board.
(B) Response of the secretary.--Not later than 60 days
after the date on which a report is submitted to the
Secretary under subparagraph (A), the Secretary shall--
(i) submit to the Board a response to the report that--
(I) describes whether the Secretary approves or disapproves
of each recommendation of the Board under subparagraph (A);
and
(II) if the Secretary approves of a recommendation,
provides an implementation plan for the recommendation; and
(ii) submit to Congress--
(I) the report of the Board under subparagraph (A); and
(II) the response of the Secretary under clause (i).
(C) Public availability of report.--
(i) In general.--The Board shall make each report under
subparagraph (A) available to the public on the earlier of--
(I) the date on which the Board receives the response of
the Secretary under subparagraph (B)(i); and
(II) the date that is 90 days after the date on which the
Board submitted the report to the Secretary.
(ii) Requirement.--If the Board has received a response to
a report from the Secretary under subparagraph (B)(i), the
Board shall make that response publicly available with the
applicable report.
(d) Energy Jobs Survey and Analysis.--
(1) In general.--The Secretary, acting through the
Administrator of the Energy Information Administration,
shall--
(A) conduct a voluntary survey of employers in the energy,
energy efficiency, and motor vehicle sectors of the economy
of the United States; and
(B) perform an analysis of the employment figures and
demographics in those sectors, including the number of
personnel in each sector who devote a substantial portion of
working hours, as determined by the Secretary, to compliance
matters.
(2) Methodology.--In conducting the survey and analysis
under paragraph (1), the Secretary shall employ a methodology
that--
(A) was approved in 2016 by the Office of Management and
Budget for use in the document entitled ``OMB Control Number
1910-5179'';
(B) uses a representative, stratified sampling of
businesses in the United States; and
(C) is designed to elicit a comparable number of responses
from businesses in each State and with the same North
American Industry Classification System codes as were
received for the 2016 and 2017 reports entitled ``U.S. Energy
and Employment Report''.
(3) Consultation.--In conducting the survey and analysis
under paragraph (1), the Secretary shall consult with key
stakeholders, including--
(A) as the Secretary determines to be appropriate, the
heads of relevant Federal agencies and offices, including--
(i) the Secretary of Commerce;
(ii) the Secretary of Transportation;
(iii) the Director of the Bureau of the Census;
(iv) the Commissioner of the Bureau of Labor Statistics;
and
(v) the Administrator of the Environmental Protection
Agency;
(B) officials of State agencies responsible for maintaining
State employment data;
(C) the State Energy Advisory Board established by section
365(g) of the Energy Policy and Conservation Act (42 U.S.C.
6325(g));
(D) energy industry trade associations; and
(E) labor organizations with significant energy experience.
(e) Reports by the Secretary.--
(1) Report on workforce board.--Not later than 180 days
before the date of expiration of a term of the Board under
subsection
[[Page S1577]]
(g), the Secretary shall submit to the Committees on Energy
and Natural Resources and Appropriations of the Senate and
the Committees on Energy and Commerce and Appropriations of
the House of Representatives a report that--
(A) describes the effectiveness and accomplishments of the
Board during the applicable term;
(B) contains a determination of the Secretary as to whether
the Board should be renewed; and
(C) if the Secretary determines that the Board should be
renewed, any recommendations as to whether and how the scope
and functions of the Board should be modified.
(2) Energy and employment report.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall--
(i) make publicly available on the website of the
Department a report, to be entitled the ``U.S. Energy and
Employment Report'', describing the employment figures and
demographics in the energy, energy efficiency, and motor
vehicle sectors of the United States based on the survey and
analysis conducted under subsection (d); and
(ii) subject to the requirements of the Confidential
Information Protection and Statistical Efficiency Act of 2002
(44 U.S.C. 3501 note; Public Law 107-347), make the data
collected under subsection (d) publicly available on the
website of the Department.
(B) Contents.--
(i) In general.--The report under subparagraph (A) shall
include employment figures and demographic data for--
(I) the energy sector of the economy of the United States,
including--
(aa) the electric power generation and fuels sectors; and
(bb) the transmission, storage, and distribution sectors;
(II) the energy efficiency sector of the economy of the
United States; and
(III) the motor vehicle sector of the economy of the United
States.
(ii) Inclusion.--With respect to each sector described in
clause (i), the report under subparagraph (A) shall include
employment figures and demographic data sorted by--
(I) each technology, subtechnology, and fuel type of those
sectors; and
(II) subject to the requirements of the Confidential
Information Protection and Statistical Efficiency Act of 2002
(44 U.S.C. 3501 note; Public Law 107-347)--
(aa) each State;
(bb) each territory of the United States;
(cc) the District of Columbia; and
(dd) to the maximum extent practicable, each county (or
equivalent jurisdiction) in the United States.
(f) Outreach to Minority-Serving Institutions, Veterans,
and Displaced and Unemployed Energy Workers.--In developing
the strategy under subsection (a), the Board shall--
(1) give special consideration to increasing outreach to
minority-serving institutions, veterans, and displaced and
unemployed energy workers;
(2) make resources available to--
(A) minority-serving institutions, with the objective of
increasing the number of skilled minorities and women trained
to go into the energy and manufacturing sectors;
(B) institutions that serve veterans, with the objective of
increasing the number veterans in the energy industry by
ensuring that veterans have the credentials and training
necessary to secure careers in the energy industry; and
(C) institutions that serve displaced and unemployed energy
workers to increase the number of individuals trained for
jobs in the energy industry;
(3) encourage the energy industry to improve the
opportunities for students of minority-serving institutions,
veterans, and displaced and unemployed energy workers to
participate in internships, preapprenticeships, and
cooperative work-study programs in the energy industry; and
(4) work with the National Laboratories to increase the
participation of underrepresented groups, veterans, and
displaced and unemployed energy workers in internships,
fellowships, training programs, and employment at the
National Laboratories.
(g) Term.--
(1) In general.--Subject to paragraph (2), the Board shall
terminate on September 30, 2025.
(2) Extensions.--The Secretary may renew the Board for 1 or
more 5-year periods by submitting, not later than the date
described in subsection (e)(1), a report described in that
subsection that contains a determination by the Secretary
that the Board should be renewed.
SEC. 2305. NATIONAL LABORATORY JOBS ACCESS PILOT PROGRAM.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
the Secretary of Labor, shall establish a pilot program to
award, on a competitive basis, grants to eligible entities
described in subsection (c) for the Federal share of the
costs of technical, skills-based preapprenticeship and
apprenticeship programs that provide employer-driven or
recognized postsecondary credentials.
(b) Requirements.--A program funded by a grant awarded
under this section shall develop and deliver customized and
competency-based training that--
(1) is focused on skills and qualifications needed to meet
the immediate and on-going needs of traditional and emerging
technician positions (including machinists and cyber security
technicians) at the National Laboratories and covered
facilities of the National Nuclear Security Administration;
(2) creates an apprenticeship program or preapprenticeship
partnership with a National Laboratory or covered facility of
the National Nuclear Security Administration; and
(3) creates an apprenticeship program or preapprenticeship
program with the Secretary of Labor or a State department of
labor in coordination with a National Laboratory or covered
facility of the National Nuclear Security Administration.
(c) Eligible Entities.--To be eligible to receive a grant
under this section, an entity shall be an eligible sponsor
that--
(1) demonstrates experience in implementing and operating
apprenticeship programs or preapprenticeship programs;
(2)(A) has a relationship with a National Laboratory or
covered facility of the National Nuclear Security
Administration;
(B) has knowledge of technician workforce needs of such
laboratory or facility and the associated security
requirements of such laboratory or facility; and
(C) is eligible to enter into an agreement with such
laboratory or facility that would be paid for in part or
entirely from grant funds received under this section;
(3) demonstrates the ability to recruit and support
individuals who plan to work in the energy industry in the
successful completion of relevant job training and education
programs;
(4) provides students who complete a program funded by a
grant awarded under this section with a recognized
postsecondary credential; and
(5) demonstrates successful outcomes connecting graduates
of preapprenticeship or apprenticeship programs to careers
relevant to such programs.
(d) Applications.--An eligible entity desiring a grant
under this section shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(e) Priority.--In selecting eligible entities to receive
grants under this section, the Secretary shall prioritize
applicants that--
(1) house the preapprenticeship or apprenticeship programs
in an institution of higher education that includes basic
science and math education in the curriculum of the
institution of higher education;
(2) work with the Secretary of Defense and the Secretary of
Veterans Affairs or veteran service organizations recognized
by the Secretary of Veterans Affairs under section 5902 of
title 38, United States Code, to transition members of the
Armed Forces and veterans to careers in the energy sector;
(3) work with--
(A) Indian tribes;
(B) tribal organizations; and
(C) Native American veterans (as defined in section 3765 of
title 38, United States Code), including veterans who are
descendants of Natives (as defined in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602));
(4) apply as a State or regional consortia to leverage best
practices already available in the State or region in which
an institution of higher education is located;
(5) have a State-supported entity included in the
consortium applying for the grant;
(6) provide support services and career coaching;
(7) provide introductory energy workforce development
training;
(8) work with minority-serving institutions to provide job
training to increase the number of skilled minorities and
women in the energy sector; or
(9) provide job training for displaced and unemployed
workers in the energy sector.
(f) Additional Consideration.--In making grants under this
section, the Secretary shall consider regional diversity.
(g) Limitation on Applications.--An eligible entity may not
submit, either individually or as part of a joint
application, more than 1 application for a grant under this
section during any 1 fiscal year.
(h) Limitations on Amount of Grant.--The amount of an
individual grant for any 24-month period shall not exceed
$500,000.
(i) Federal Share.--The Federal share of the cost of a
preapprenticeship or apprenticeship program carried out using
a grant under this section shall be not greater than 50
percent.
(j) Report.--Not later than 1 year after the date on which
the first grant is awarded under this section, and annually
thereafter for 5 years, the Secretary shall submit to
Congress and make publicly available on the website of the
Department a report on the pilot program established under
this section, including a description of--
(1) the entities receiving grants;
(2) the activities carried out using the grants;
(3) best practices used to leverage the investment of the
Federal Government; and
(4) an assessment of the results achieved by the pilot
program, including the rate of employment at the National
Laboratories for participants after completing a
preapprenticeship or apprenticeship program carried out using
a grant awarded under this section.
(k) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2021 through 2025.
[[Page S1578]]
SEC. 2306. CLEAN ENERGY WORKFORCE PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Community partnership.--The term ``community
partnership'' includes a nonprofit organization or qualified
youth or conservation corps that provides training to
individuals to work for an eligible entity that is a
business, or works on behalf of an eligible entity that is a
business.
(2) Eligible entity.--The term ``eligible entity'' means a
business, labor organization, or community partnership that--
(A)(i) is directly involved with energy efficiency,
renewable energy technology, or reduction in greenhouse gas
emissions, as determined by the Secretary of Labor in
consultation with the Secretary; or
(ii) works on behalf of a business or community partnership
that is directly involved with energy efficiency, renewable
energy technology, or reduction in greenhouse gas emissions,
as determined by the Secretary of Labor in consultation with
the Secretary; or
(B) provides services related to--
(i) energy efficiency and renewable energy technology
deployment and maintenance;
(ii) grid modernization; or
(iii) reduction in greenhouse gas emissions through the use
of other low-carbon technologies.
(3) Pilot program.--The term ``pilot program'' means the
pilot program established under subsection (b).
(b) Establishment.--The Secretary of Labor, in consultation
with the Secretary and in accordance with section 169(b) of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3224(b)), shall establish a pilot program to provide
competitively awarded cost-shared grants to eligible entities
to pay for--
(1) on-the-job training of a new or existing employee to
work--
(A) in renewable energy, energy efficiency, or grid
modernization; or
(B) on the reduction of greenhouse gas emissions; or
(2) preapprenticeship programs that provide a direct
pathway to a career working--
(A) in renewable energy, energy efficiency, or grid
modernization; or
(B) on the reduction of greenhouse gas emissions.
(c) Grants.--
(1) In general.--An eligible entity desiring a grant under
the pilot program shall submit to the Secretary of Labor an
application at such time, in such manner, and containing such
information as the Secretary of Labor may require.
(2) Priority for targeted communities.--In providing grants
under the pilot program, the Secretary of Labor, in
consultation with the Secretary shall give priority to an
eligible entity that--
(A) recruits employees--
(i) from the 1 or more communities that are served by the
eligible entity; and
(ii) that are minorities, women, veterans, or individuals
who are transitioning from fossil energy sector jobs;
(B) provides trainees with the opportunity to obtain real-
world experience;
(C) has fewer than 100 employees; and
(D) in the case of a preapprenticeship program,
demonstrates--
(i) a multi-year record of--
(I) successfully recruiting minorities, women, and veterans
for training; and
(II) supporting those individuals in the successful
completion of the preapprenticeship program; and
(ii) a successful multi-year record of placing the majority
of the graduates of the preapprenticeship program into
apprenticeship programs.
(3) Use of grant for federal share.--
(A) In general.--An eligible entity shall use a grant
received under the pilot program to pay the Federal share of
the cost of--
(i) providing on-the-job training for an employee, in
accordance with subparagraph (B); or
(ii) in the case of a preapprenticeship program--
(I) recruiting minorities, women, and veterans for
training;
(II) supporting those individuals in the successful
completion of the preapprenticeship program; and
(III) carrying out any other activity of the
preapprenticeship program, as determined to be appropriate by
the Secretary of Labor, in consultation with the Secretary.
(B) Federal share amount.--The Federal share described in
subparagraph (A) shall not exceed--
(i) for activities described in clause (i) of that
subparagraph--
(I) in the case of an eligible entity with 20 or fewer
employees, 45 percent of the cost of on-the-job-training for
an employee;
(II) in the case of an eligible entity with not fewer than
21 employees and not more than 99 employees, 37.5 percent of
the cost of on-the-job-training for an employee; and
(III) in the case of an eligible entity with not fewer than
100 employees, 25 percent of the cost of on-the-job-training
for an employee; and
(ii) for activities described in clause (ii) of that
subparagraph, 50 percent.
(4) Employer payment of non-federal share.--
(A) In general.--The non-Federal share of the cost of
providing on-the-job training for an employee under a grant
received under the pilot program shall be paid in cash or in
kind by the employer of the employee receiving the training.
(B) Inclusions.--The non-Federal share described in
subparagraph (A)(i) may include the amount of wages paid by
the employer to the employee during the time that the
employee is receiving on-the-job training, as fairly
evaluated by the Secretary of Labor.
(5) Grant amount.--An eligible entity may not receive more
than $100,000 per fiscal year in grant funds under the pilot
program.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000 for
each of fiscal years 2021 through 2023.
SEC. 2307. ENERGY-READY VETS PROGRAM.
(a) Definitions.--In this section:
(1) Active military, naval, or air service.--The term
``active military, naval, or air service'' has the meaning
given such term in section 101 of title 38, United States
Code.
(2) Eligible participant.--The term ``eligible
participant'' means a veteran who--
(A) was discharged or released from service in the active
military, naval, or air service during the most recent 1-year
period; or
(B)(i) was discharged or released from service in the
active military, naval, or air service during the 2-year
period immediately preceding the most recent 1-year period;
and
(ii) receives the approval of the Secretary to participate
in the program.
(3) Program.--The term ``program'' means the Energy-Ready
Vets Program established under subsection (b)(1).
(4) Uniformed services.--The term ``uniformed services''
has the meaning given such term in section 10(a) of title 10,
United States Code.
(5) Veteran.--The term ``veteran'' has the meaning given
such term in section 101 of title 38, United States Code.
(b) Establishment; Implementation.--
(1) Establishment.--The Secretary shall establish a
program, to be known as the ``Energy-Ready Vets Program'', to
prepare eligible participants for careers in the energy
industry.
(2) Implementation.--The Secretary shall ensure that the
program is implemented by an administrator, to be appointed
by the Secretary from among individuals with experience
relating to military service.
(c) Administration of Program.--
(1) In general.--The Secretary, in partnership with the
Secretary of Defense, shall carry out the program through the
SkillBridge program of the Department of Defense, under which
the Secretary shall provide standardized training courses,
based, to the maximum extent practicable, on existing
industry-recognized certification and training programs, to
prepare eligible participants in the program for careers in
the energy industry, including--
(A) careers in low-carbon emissions sectors of the energy
industry, including the solar sector, the wind sector, and
other sectors identified by the Secretary;
(B) careers in the cybersecurity sector of the energy
industry, including careers in--
(i) cybersecurity preparedness;
(ii) cyber incident response and recovery;
(iii) grid modernization, security, and maintenance; and
(iv) resilience planning; and
(C) careers in sectors that plan, develop, construct,
maintain, and expand energy industry infrastructure.
(2) Program requirements.--
(A) In general.--In carrying out the program, the Secretary
shall ensure that the courses described in paragraph (1)--
(i) provide--
(I) job training;
(II) employment skills training, including providing
comprehensive wraparound support services to eligible
participants that--
(aa) enhance the training experience and promote the
professional development of eligible participants; and
(bb) help eligible participants transition into the
workforce; and
(III) opportunities for internships of not longer than 180
days; and
(ii) are carried out primarily through--
(I) internships; or
(II) applied, work-based training.
(B) Exam requirement.--As a requirement for completing a
course described in paragraph (1), the Secretary shall
require each eligible participant in the course to earn an
applicable industry-recognized entry-level certificate or
other credential.
SEC. 2308. WIND WORKFORCE TRAINING GRANT PROGRAM.
(a) In General.--Title XI of the Energy Policy Act of 2005
(42 U.S.C. 16411 et seq.) is amended by adding at the end the
following:
``SEC. 1107. WIND WORKFORCE TRAINING GRANT PROGRAM.
``(a) Definition of Eligible Entity.--In this section, the
term `eligible entity' means a community college, technical
school, institution of higher education, or labor
organization that offers an onshore or offshore wind training
program.
``(b) Grant Program.--The Secretary shall establish a
program under which the Secretary shall award grants, on a
competitive basis, to eligible entities--
``(1) to purchase large pieces of wind component equipment
(such as nacelles, towers, and blades) or installation
equipment for use in training wind industry students;
``(2) to conduct occupational skills training, including
on-the-job training, safety and health training, and
classroom training;
``(3) for incumbent worker and career ladder training and
retraining, including skill upgrading;
``(4) for individual referral and tuition assistance for a
training program offered by a
[[Page S1579]]
nonprofit organization through which an individual may attain
a recognized postsecondary credential (as defined in section
3 of the Workforce Innovation and Opportunity Act (29 U.S.C.
3102));
``(5) for customized training in conjunction with an
existing registered apprenticeship program, internship, or
labor-management partnership; and
``(6) for other activities that the Secretary determines
meet the purposes of this section.
``(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible entities that--
``(1) have formed partnerships with other eligible
entities;
``(2) have entered into a memorandum of understanding with
an employer in the onshore or offshore wind industry to
foster workforce development; or
``(3) will use the grant funds to assist individuals who
are--
``(A) dislocated workers, with a focus on workers displaced
from the offshore oil and gas, onshore fossil fuel, nuclear
energy, or fishing industry; or
``(B) individuals with a barrier to employment.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$5,000,000 for each of fiscal years 2021 through 2025.''.
(b) Clerical Amendment.--The table of contents for the
Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 601)
is amended by inserting after the item relating to section
1106 the following:
``Sec. 1107. Wind workforce training grant program.''.
SEC. 2309. VETERANS IN WIND ENERGY.
(a) In General.--Title XI of the Energy Policy Act of 2005
(42 U.S.C. 16411 et seq.) (as amended by section 2308(a)) is
amended by adding at the end the following:
``SEC. 1108. VETERANS IN WIND ENERGY.
``(a) In General.--The Secretary shall establish a program
to prepare veterans for careers in the wind energy industry
that shall be modeled off of the Solar Ready Vets pilot
program formerly administered by the Department of Energy and
the Department of Defense.
``(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$2,000,000 for each of fiscal years 2021 through 2025.''.
(b) Clerical Amendment.--The table of contents for the
Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 601)
(as amended by section 2308(b)) is amended by inserting after
the item relating to section 1107 the following:
``Sec. 1108. Veterans in wind energy.''.
SEC. 2310. STUDY AND REPORT ON WIND WORKFORCE.
(a) In General.--The Secretary shall convene a task force
comprised of 1 or more representatives of each of the
stakeholders described in subsection (b) that shall--
(1) conduct a study to assess the needs of the offshore and
onshore wind industry workforce, including supply chain and
support vessels; and
(2) create a comprehensive list that--
(A) lists each type of position related to the onshore and
offshore wind energy industry available in the United States;
(B) identifies existing gaps in the offshore and onshore
wind industry workforce, including supply chain and support
vessels; and
(C) describes the skill sets required for each type of
position listed under subparagraph (A).
(b) Stakeholders Described.--The stakeholders referred to
in subsection (a) are representatives of--
(1) the Department of Defense;
(2) the Department of Education;
(3) the Department;
(4) the Department of Labor;
(5) the Department of Veterans Affairs;
(6) technical schools, community colleges, and institutions
of higher education that have wind workforce training
programs;
(7) State and local governments;
(8) ports;
(9) vessel operators;
(10) labor organizations;
(11) nonprofit organizations; and
(12) the wind industry.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall make publicly
available and submit to Congress a report that--
(1) describes the results of the study conducted under
subsection (a)(1);
(2) includes the comprehensive list described in subsection
(a)(2); and
(3) provides recommendations--
(A) for creating a credentialing program that may be
administered by community colleges, technical schools, and
other training institutions or organizations; and
(B) that reflect best practices for wind workforce training
programs, as identified by the stakeholders described in
subsection (b).
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $500,000.
TITLE III--CODE MAINTENANCE
SEC. 3001. REPEAL OF OFF-HIGHWAY MOTOR VEHICLES STUDY.
(a) Repeal.--Part I of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6373) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy and Conservation Act (Public Law 94-163; 89
Stat. 871) is amended--
(1) by striking the item relating to part I of title III;
and
(2) by striking the item relating to section 385.
SEC. 3002. REPEAL OF METHANOL STUDY.
Section 400EE of the Energy Policy and Conservation Act (42
U.S.C. 6374d) is amended--
(1) by striking subsection (a); and
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
SEC. 3003. REPEAL OF STATE UTILITY REGULATORY ASSISTANCE.
(a) Repeal.--Section 207 of the Energy Conservation and
Production Act (42 U.S.C. 6807) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Conservation and Production Act (Public Law 94-385; 90
Stat. 1126) is amended by striking the item relating to
section 207.
SEC. 3004. REPEAL OF AUTHORIZATION OF APPROPRIATIONS
PROVISION.
(a) Repeal.--Section 208 of the Energy Conservation and
Production Act (42 U.S.C. 6808) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Conservation and Production Act (Public Law 94-385; 90
Stat. 1126) is amended by striking the item relating to
section 208.
SEC. 3005. REPEAL OF RESIDENTIAL ENERGY EFFICIENCY STANDARDS
STUDY.
(a) Repeal.--Section 253 of the National Energy
Conservation Policy Act (42 U.S.C. 8232) is repealed.
(b) Conforming Amendment.--The table of contents for the
National Energy Conservation Policy Act (Public Law 95-619;
92 Stat. 3206) is amended by striking the item relating to
section 253.
SEC. 3006. REPEAL OF WEATHERIZATION STUDY.
(a) Repeal.--Section 254 of the National Energy
Conservation Policy Act (42 U.S.C. 8233) is repealed.
(b) Conforming Amendment.--The table of contents for the
National Energy Conservation Policy Act (Public Law 95-619;
92 Stat. 3206) is amended by striking the item relating to
section 254.
SEC. 3007. REPEAL OF REPORT TO CONGRESS.
(a) Repeal.--Section 273 of the National Energy
Conservation Policy Act (42 U.S.C. 8236b) is repealed.
(b) Conforming Amendment.--The table of contents for the
National Energy Conservation Policy Act (Public Law 95-619;
92 Stat. 3206) is amended by striking the item relating to
section 273.
SEC. 3008. REPEAL OF SURVEY OF ENERGY SAVING POTENTIAL.
(a) Repeal.--Section 550 of the National Energy
Conservation Policy Act (42 U.S.C. 8258b) is repealed.
(b) Conforming Amendments.--
(1) The table of contents for the National Energy
Conservation Policy Act (Public Law 95-619; 92 Stat. 3206;
106 Stat. 2851) is amended by striking the item relating to
section 550.
(2) Section 543(d)(2) of the National Energy Conservation
Policy Act (42 U.S.C. 8253(d)(2)) is amended by striking ``,
incorporating any relevant information obtained from the
survey conducted pursuant to section 550''.
SEC. 3009. REPEAL OF REPORT BY GENERAL SERVICES
ADMINISTRATION.
(a) Repeal.--Section 154 of the Energy Policy Act of 1992
(42 U.S.C. 8262a) is repealed.
(b) Conforming Amendments.--
(1) The table of contents for the Energy Policy Act of 1992
(Public Law 102-486; 106 Stat. 2776) is amended by striking
the item relating to section 154.
(2) Section 159 of the Energy Policy Act of 1992 (42 U.S.C.
8262e) is amended by striking subsection (c).
SEC. 3010. REPEAL OF INTERGOVERNMENTAL ENERGY MANAGEMENT
PLANNING AND COORDINATION WORKSHOPS.
(a) Repeal.--Section 156 of the Energy Policy Act of 1992
(42 U.S.C. 8262b) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat.
2776) is amended by striking the item relating to section
156.
SEC. 3011. REPEAL OF INSPECTOR GENERAL AUDIT SURVEY AND
PRESIDENT'S COUNCIL ON INTEGRITY AND EFFICIENCY
REPORT TO CONGRESS.
(a) Repeal.--Section 160 of the Energy Policy Act of 1992
(42 U.S.C. 8262f) is amended by striking the section
designation and heading and all that follows through ``(c)
Inspector General Review.--Each Inspector General'' and
inserting the following:
``SEC. 160. INSPECTOR GENERAL REVIEW.
``Each Inspector General''.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat.
2776) is amended by striking the item relating to section 160
and inserting the following:
``Sec. 160. Inspector General review.''.
SEC. 3012. REPEAL OF PROCUREMENT AND IDENTIFICATION OF ENERGY
EFFICIENT PRODUCTS PROGRAM.
(a) Repeal.--Section 161 of the Energy Policy Act of 1992
(42 U.S.C. 8262g) is repealed.
(b) Conforming Amendments.--
(1) The table of contents for the Energy Policy Act of 1992
(Public Law 102-486; 106 Stat. 2776) is amended by striking
the item relating to section 161.
(2) Section 548(b) of the National Energy Conservation
Policy Act (42 U.S.C. 8258(b)) (as amended by section
1033(a)) is amended--
[[Page S1580]]
(A) in paragraph (3), by inserting ``and'' after the
semicolon at the end;
(B) by striking paragraph (4); and
(C) by redesignating paragraph (5) as paragraph (4).
SEC. 3013. REPEAL OF PHOTOVOLTAIC ENERGY PROGRAM.
(a) Repeal.--Part 4 of title V of the National Energy
Conservation Policy Act (42 U.S.C. 8271 et seq.) is repealed.
(b) Conforming Amendment.--The table of contents for the
National Energy Conservation Policy Act (Public Law 95-619;
92 Stat. 3206) is amended--
(1) by striking the item relating to part 4 of title V; and
(2) by striking the items relating to sections 561 through
570.
SEC. 3014. REPEAL OF NATIONAL ACTION PLAN FOR DEMAND
RESPONSE.
(a) Repeal.--Part 5 of title V of the National Energy
Conservation Policy Act (42 U.S.C. 8279) is repealed.
(b) Conforming Amendment.--The table of contents for the
National Energy Conservation Policy Act (Public Law 95-619;
92 Stat. 3206; 121 Stat. 1665) is amended--
(1) by striking the item relating to part 5 of title V; and
(2) by striking the item relating to section 571.
SEC. 3015. REPEAL OF ENERGY AUDITOR TRAINING AND
CERTIFICATION.
(a) Repeal.--Subtitle F of title V of the Energy Security
Act (42 U.S.C. 8285 et seq.) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Security Act (Public Law 96-294; 94 Stat. 611) is
amended--
(1) by striking the item relating to subtitle F of title V;
and
(2) by striking the items relating to sections 581 through
584.
SEC. 3016. REPEAL OF NATIONAL COAL POLICY STUDY.
(a) Repeal.--Section 741 of the Powerplant and Industrial
Fuel Use Act of 1978 (42 U.S.C. 8451) is repealed.
(b) Conforming Amendment.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended by striking the item
relating to section 741.
SEC. 3017. REPEAL OF STUDY ON COMPLIANCE PROBLEM OF SMALL
ELECTRIC UTILITY SYSTEMS.
(a) Repeal.--Section 744 of the Powerplant and Industrial
Fuel Use Act of 1978 (42 U.S.C. 8454) is repealed.
(b) Conforming Amendment.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended by striking the item
relating to section 744.
SEC. 3018. REPEAL OF STUDY OF SOCIOECONOMIC IMPACTS OF
INCREASED COAL PRODUCTION AND OTHER ENERGY
DEVELOPMENT.
(a) Repeal.--Section 746 of the Powerplant and Industrial
Fuel Use Act of 1978 (42 U.S.C. 8456) is repealed.
(b) Conforming Amendment.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended by striking the item
relating to section 746.
SEC. 3019. REPEAL OF STUDY OF THE USE OF PETROLEUM AND
NATURAL GAS IN COMBUSTORS.
(a) Repeal.--Section 747 of the Powerplant and Industrial
Fuel Use Act of 1978 (42 U.S.C. 8457) is repealed.
(b) Conforming Amendment.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended by striking the item
relating to section 747.
SEC. 3020. REPEAL OF AUTHORIZATION OF APPROPRIATIONS.
(a) Repeal.--Subtitle F of title VII of the Powerplant and
Industrial Fuel Use Act of 1978 (42 U.S.C. 8461) is repealed.
(b) Conforming Amendment.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended--
(1) by striking the item relating to subtitle F of title
VII; and
(2) by striking the item relating to section 751.
SEC. 3021. REPEAL OF SUBMISSION OF REPORTS.
(a) Repeal.--Section 807 of the Powerplant and Industrial
Fuel Use Act of 1978 (42 U.S.C. 8483) is repealed.
(b) Conforming Amendment.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended by striking the item
relating to section 807.
SEC. 3022. REPEAL OF ELECTRIC UTILITY CONSERVATION PLAN.
(a) Repeal.--Section 808 of the Powerplant and Industrial
Fuel Use Act of 1978 (42 U.S.C. 8484) is repealed.
(b) Conforming Amendments.--
(1) Table of contents.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended by striking the item
relating to section 808.
(2) Report on implementation.--Section 712 of the
Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C.
8422) is amended--
(A) by striking ``(a) Generally.--''; and
(B) by striking subsection (b).
SEC. 3023. EMERGENCY ENERGY CONSERVATION REPEALS.
(a) Repeals.--
(1) Section 201 of the Emergency Energy Conservation Act of
1979 (42 U.S.C. 8501) is amended by striking the section
designation and heading and all that follows through ``(b)
Purposes.--The purposes'' and inserting the following:
``SEC. 201. PURPOSES.
``The purposes''.
(2) Part B of title II of the Emergency Energy Conservation
Act of 1979 (42 U.S.C. 8521 et seq.) is repealed.
(3) Section 241 of the Emergency Energy Conservation Act of
1979 (42 U.S.C. 8531) is repealed.
(b) Conforming Amendments.--
(1) The table of contents for the Emergency Energy
Conservation Act of 1979 (Public Law 96-102; 93 Stat. 749) is
amended--
(A) by striking the item relating to section 201 and
inserting the following:
``Sec. 201. Purposes.'';
(B) by striking the item relating to part B of title II;
and
(C) by striking the items relating to sections 221, 222,
and 241.
(2) Section 251(b) of the Emergency Energy Conservation Act
of 1979 (42 U.S.C. 8541(b)) is amended--
(A) by striking ``or 221'' each place it appears; and
(B) by striking ``(as the case may be)''.
SEC. 3024. ENERGY SECURITY ACT REPEALS.
(a) Biomass Energy Development Plans.--Subtitle A of title
II of the Energy Security Act (42 U.S.C. 8811 et seq.) is
repealed.
(b) Municipal Waste Biomass Energy.--Subtitle B of title II
of the Energy Security Act (42 U.S.C. 8831 et seq.) is
repealed.
(c) Use of Gasohol in Federal Motor Vehicles.--Section 271
of the Energy Security Act (42 U.S.C. 8871) is repealed.
(d) Conforming Amendments.--
(1) The table of contents for the Energy Security Act
(Public Law 96-294; 94 Stat. 611) is amended--
(A) by striking the items relating to subtitle A of title
II;
(B) by striking the items relating to subtitle B of title
II;
(C) by striking the item relating to section 204 and
inserting the following:
``Sec. 204. Funding.'';
and
(D) by striking the item relating to section 271.
(2) Section 203 of the Biomass Energy and Alcohol Fuels Act
of 1980 (42 U.S.C. 8802) is amended--
(A) by striking paragraph (16); and
(B) by redesignating paragraphs (17) through (19) as
paragraphs (16) through (18), respectively.
(3) Section 204 of the Energy Security Act (42 U.S.C. 8803)
is amended--
(A) in the section heading, by striking ``for subtitles a
and b''; and
(B) in subsection (a)--
(i) in paragraph (1), by adding ``and'' after the semicolon
at the end;
(ii) in paragraph (2), by striking ``; and'' at the end and
inserting a period; and
(iii) by striking paragraph (3).
SEC. 3025. NUCLEAR SAFETY RESEARCH, DEVELOPMENT, AND
DEMONSTRATION ACT OF 1980 REPEALS.
Sections 5 and 6 of the Nuclear Safety Research,
Development, and Demonstration Act of 1980 (42 U.S.C. 9704,
9705) are repealed.
SEC. 3026. REPEAL OF RENEWABLE ENERGY AND ENERGY EFFICIENCY
TECHNOLOGY COMPETITIVENESS ACT OF 1989.
(a) Repeal.--The Renewable Energy and Energy Efficiency
Technology Competitiveness Act of 1989 (42 U.S.C. 12001 et
seq.) is repealed.
(b) Conforming Amendments.--
(1) Section 6(b)(3) of the Federal Nonnuclear Energy
Research and Development Act of 1974 (42 U.S.C. 5905(b)(3))
(as amended by section 1205(c)(2)) is amended--
(A) in subparagraph (P), by adding ``and'' after the
semicolon;
(B) by striking subparagraph (Q); and
(C) by redesignating subparagraph (R) as subparagraph (Q).
(2) Section 1204 of the Energy Policy Act of 1992 (42
U.S.C. 13313) is amended--
(A) in subsection (b), in the matter preceding paragraph
(1), in the first sentence, by striking ``, in consultation
with'' and all that follows through ``under section 6 of the
Renewable Energy and Energy Efficiency Technology
Competitiveness Act of 1989,''; and
(B) in subsection (c), by striking ``, in consultation with
the Advisory Committee,''.
SEC. 3027. REPEAL OF HYDROGEN RESEARCH, DEVELOPMENT, AND
DEMONSTRATION PROGRAM.
The Spark M. Matsunaga Hydrogen Research, Development, and
Demonstration Act of 1990 (42 U.S.C. 12401 et seq.) is
repealed.
SEC. 3028. REPEAL OF STUDY ON ALTERNATIVE FUEL USE IN NONROAD
VEHICLES AND ENGINES.
(a) In General.--Section 412 of the Energy Policy Act of
1992 (42 U.S.C. 13238) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat.
2776) is amended by striking the item relating to section
412.
SEC. 3029. REPEAL OF LOW INTEREST LOAN PROGRAM FOR SMALL
BUSINESS FLEET PURCHASES.
(a) In General.--Section 414 of the Energy Policy Act of
1992 (42 U.S.C. 13239) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992
[[Page S1581]]
(Public Law 102-486; 106 Stat. 2776) is amended by striking
the item relating to section 414.
SEC. 3030. REPEAL OF TECHNICAL AND POLICY ANALYSIS FOR
REPLACEMENT FUEL DEMAND AND SUPPLY INFORMATION.
(a) In General.--Section 506 of the Energy Policy Act of
1992 (42 U.S.C. 13256) is repealed.
(b) Conforming Amendments.--
(1) The table of contents for the Energy Policy Act of 1992
(Public Law 102-486; 106 Stat. 2776) is amended by striking
the item relating to section 506.
(2) Section 507(m) of the Energy Policy Act of 1992 (42
U.S.C. 13257(m)) is amended by striking ``and section 506''.
SEC. 3031. REPEAL OF 1992 REPORT ON CLIMATE CHANGE.
(a) In General.--Section 1601 of the Energy Policy Act of
1992 (42 U.S.C. 13381) is repealed.
(b) Conforming Amendments.--
(1) The table of contents for the Energy Policy Act of 1992
(Public Law 102-486; 106 Stat. 2776) is amended by striking
the item relating to section 1601.
(2) Section 1602(a) of the Energy Policy Act of 1992 (42
U.S.C. 13382(a)) is amended, in the matter preceding
paragraph (1), in the third sentence, by striking ``the
report required under section 1601 and''.
SEC. 3032. REPEAL OF DIRECTOR OF CLIMATE PROTECTOR
ESTABLISHMENT.
(a) In General.--Section 1603 of the Energy Policy Act of
1992 (42 U.S.C. 13383) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat.
2776) is amended by striking the item relating to section
1603.
SEC. 3033. REPEAL OF 1994 REPORT ON GLOBAL CLIMATE CHANGE
EMISSIONS.
(a) In General.--Section 1604 of the Energy Policy Act of
1992 (42 U.S.C. 13384) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat.
2776) is amended by striking the item relating to section
1604.
SEC. 3034. REPEAL OF TELECOMMUTING STUDY.
(a) In General.--Section 2028 of the Energy Policy Act of
1992 (42 U.S.C. 13438) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat.
2776) is amended by striking the item relating to section
2028.
SEC. 3035. REPEAL OF ADVANCED BUILDINGS FOR 2005 PROGRAM.
(a) In General.--Section 2104 of the Energy Policy Act of
1992 (42 U.S.C. 13454) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat.
2776) is amended by striking the item relating to section
2104.
SEC. 3036. REPEAL OF ENERGY RESEARCH, DEVELOPMENT,
DEMONSTRATION, AND COMMERCIAL APPLICATION
ADVISORY BOARD.
(a) In General.--Section 2302 of the Energy Policy Act of
1992 (42 U.S.C. 13522) is repealed.
(b) Conforming Amendments.--
(1) The table of contents for the Energy Policy Act of 1992
(Public Law 102-486; 106 Stat. 2776) is amended by striking
the item relating to section 2302.
(2) Section 6 of the Federal Nonnuclear Energy Research and
Development Act of 1974 (42 U.S.C. 5905) is amended--
(A) in subsection (a), in the matter preceding paragraph
(1), in the first sentence, by striking ``, in consultation
with the Advisory Board established under section 2302 of the
Energy Policy Act of 1992,'';
(B) in subsection (b)--
(i) in paragraph (1), in the first sentence, by striking
``, in consultation with the Advisory Board established under
section 2302 of the Energy Policy Act of 1992,''; and
(ii) in paragraph (2), in the second sentence, by striking
``, in consultation with the Advisory Board established under
section 2302 of the Energy Policy Act of 1992,''; and
(C) in subsection (c), in the first sentence, by striking
``, in consultation with the Advisory Board established under
section 2302 of the Energy Policy Act of 1992,''.
(3) Section 2011(c) of the Energy Policy Act of 1992 (42
U.S.C. 13411(c)) is amended, in the second sentence, by
striking ``, and with the Advisory Board established under
section 2302''.
(4) Section 2304 of the Energy Policy Act of 1992 (42
U.S.C. 13523), is amended--
(A) in subsection (a), by striking ``, in consultation with
the Advisory Board established under section 2302,''; and
(B) in subsection (c), in the matter preceding paragraph
(1), in the first sentence, by striking ``, with the advice
of the Advisory Board established under section 2302 of this
Act,''.
SEC. 3037. REPEAL OF STUDY ON USE OF ENERGY FUTURES FOR FUEL
PURCHASE.
(a) In General.--Section 3014 of the Energy Policy Act of
1992 (42 U.S.C. 13552) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat.
2776) is amended by striking the item relating to section
3014.
SEC. 3038. REPEAL OF ENERGY SUBSIDY STUDY.
(a) In General.--Section 3015 of the Energy Policy Act of
1992 (42 U.S.C. 13553) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat.
2776) is amended by striking the item relating to section
3015.
SEC. 3039. ELIMINATION AND CONSOLIDATION OF CERTAIN AMERICA
COMPETES PROGRAMS.
(a) Elimination of Program Authorities.--
(1) Nuclear science talent expansion program for
institutions of higher education.--Section 5004 of the
America COMPETES Act (42 U.S.C. 16532) is repealed.
(2) Hydrocarbon systems science talent expansion program
for institutions of higher education.--Section 5005 of the
America COMPETES Act (42 U.S.C. 16533) is amended--
(A) by striking subsection (e); and
(B) in subsection (f)--
(i) by striking paragraph (2);
(ii) by striking the subsection designation and heading and
all that follows through ``There are'' in paragraph (1) and
inserting the following:
``(e) Authorization of Appropriations.--There are''; and
(iii) by redesignating subparagraphs (A) through (F) as
paragraphs (1) through (6), respectively, and indenting
appropriately.
(3) Discovery science and engineering innovation
institutes.--Section 5008 of the America COMPETES Act (42
U.S.C. 16535) is repealed.
(4) Elimination of duplicative authority for education
programs.--Sections 3181 and 3185 of the Department of Energy
Science Education Enhancement Act (42 U.S.C. 7381l, 42 U.S.C.
7381n) are repealed.
(5) Mentoring program.--Section 3195 of the Department of
Energy Science Education Enhancement Act (42 U.S.C. 7381r) is
repealed.
(b) Repeal of Authorizations.--
(1) Department of energy early career awards for science,
engineering, and mathematics researchers.--Section 5006 of
the America COMPETES Act (42 U.S.C. 16534) is amended by
striking subsection (h).
(2) Protecting america's competitive edge (pace) graduate
fellowship program.--Section 5009 of the America COMPETES Act
(42 U.S.C. 16536) is amended by striking subsection (f).
(3) Distinguished scientist program.--Section 5011 of the
America COMPETES Act (42 U.S.C. 16537) is amended by striking
subsection (j).
(c) Consolidation of Duplicative Program Authorities.--
(1) University nuclear science and engineering support.--
Section 954 of the Energy Policy Act of 2005 (42 U.S.C.
16274) (as amended by section 1504(a)) is amended in
subsection (a)--
(A) in paragraph (1), by inserting ``nuclear chemistry,''
after ``nuclear engineering,''; and
(B) in paragraph (2)--
(i) by redesignating subparagraphs (C) through (E) as
subparagraphs (D) through (F), respectively; and
(ii) by inserting after subparagraph (B) the following:
``(C) award grants, not to exceed 5 years in duration, to
institutions of higher education with existing academic
degree programs in nuclear sciences and related fields--
``(i) to increase the number of graduates in nuclear
science and related fields;
``(ii) to enhance the teaching and research of advanced
nuclear technologies;
``(iii) to undertake collaboration with industry and
National Laboratories; and
``(iv) to bolster or sustain nuclear infrastructure and
research facilities of institutions of higher education, such
as research and training reactors and laboratories;''.
(2) Consolidation of department of energy early career
awards for science, engineering, and mathematics researchers
program and distinguished scientist program.--
(A) Funding.--Section 971(c) of the Energy Policy Act of
2005 (42 U.S.C. 16311(c)) is amended by adding at the end the
following:
``(8) For the Department of Energy early career awards for
science, engineering, and mathematics researchers program
under section 5006 of the America COMPETES Act (42 U.S.C.
16534) and the distinguished scientist program under section
5011 of that Act (42 U.S.C. 16537), $150,000,000 for each of
fiscal years 2018 through 2022, of which not more than 65
percent of the amount made available for a fiscal year under
this paragraph may be used to carry out section 5006 or 5011
of that Act.''.
(B) Department of energy early career awards for science,
engineering, and mathematics researchers.--Section 5006 of
the America COMPETES Act (42 U.S.C. 16534) is amended--
(i) in subsection (b)(1)--
(I) in the matter preceding subparagraph (A)--
(aa) by inserting ``average'' before ``amount''; and
(bb) by inserting ``for each year'' before ``shall'';
(II) in subparagraph (A), by striking ``$80,000'' and
inserting ``$190,000''; and
(III) in subparagraph (B), by striking ``$125,000'' and
inserting ``$490,000'';
(ii) in subsection (c)(1)(C)--
(I) in clause (i)--
[[Page S1582]]
(aa) by striking ``assistant professor or equivalent
title'' and inserting ``untenured assistant or associate
professor''; and
(bb) by inserting ``or'' after the semicolon at the end;
(II) by striking clause (ii); and
(III) by redesignating clause (iii) as clause (ii);
(iii) in subsection (d), by striking ``on a competitive,
merit-reviewed basis'' and inserting ``through a competitive
process using merit-based peer review'';
(iv) in subsection (e)--
(I) by striking the subsection designation and heading and
all that follows through ``To be eligible'' in paragraph (1)
and inserting the following:
``(e) Selection Process and Criteria.--To be eligible'';
and
(II) by striking paragraph (2); and
(v) in subsection (f)(1), by striking ``nonprofit,
nondegree-granting research organizations'' and inserting
``National Laboratories''.
(3) Science education programs.--Section 3164 of the
Department of Energy Science Education Enhancement Act (42
U.S.C. 7381a) is amended--
(A) in subsection (b)--
(i) by striking paragraphs (1) and (2) and inserting the
following:
``(1) In general.--The Director of the Office of Science
(referred to in this subsection as the `Director') shall
provide for appropriate coordination of science, technology,
engineering, and mathematics education programs across all
functions of the Department.
``(2) Administration.--In carrying out paragraph (1), the
Director shall--
``(A) consult with--
``(i) the Assistant Secretary of Energy with responsibility
for energy efficiency and renewable energy programs; and
``(ii) the Deputy Administrator for Defense Programs of the
National Nuclear Security Administration; and
``(B) seek to increase the participation and advancement of
women and underrepresented minorities at every level of
science, technology, engineering, and mathematics
education.''; and
(ii) in paragraph (3)--
(I) in subparagraph (D), by striking ``and'' at the end;
(II) by redesignating subparagraph (E) as subparagraph (F);
and
(III) by inserting after subparagraph (D) the following:
``(E) represent the Department as the principal interagency
liaison for all coordination activities under the President
for science, technology, engineering, and mathematics
education programs; and''; and
(B) in subsection (d)--
(i) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(ii) by adding at the end the following:
``(2) Report.--Not later than 180 days after the date of
enactment of this paragraph, the Director shall submit a
report describing the impact of the activities assisted with
the Fund established under paragraph (1) to--
``(A) the Committee on Science, Space, and Technology of
the House of Representatives; and
``(B) the Committee on Energy and Natural Resources of the
Senate.''.
(4) Protecting america's competitive edge (pace) graduate
fellowship program.--Section 5009 of the America COMPETES Act
(42 U.S.C. 16536) is amended--
(A) in subsection (c)--
(i) in paragraph (1) by striking ``, involving'' and all
that follows through ``Secretary''; and
(ii) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) to demonstrate excellent academic performance and
understanding of scientific or technical subjects; and'';
(B) in subsection (d)(1)(B)(i), by inserting ``full or
partial'' before ``graduate tuition''; and
(C) in subsection (e), in the matter preceding paragraph
(1), by striking ``Director of Science, Engineering, and
Mathematics Education'' and inserting ``Director of the
Office of Science.''.
(d) Conforming Amendments.--The table of contents for the
America COMPETES ACT (Public Law 110-69; 121 Stat. 573) is
amended by striking the items relating to sections 5004 and
5008.
SEC. 3040. REPEAL OF PRIOR LIMITATION ON COMPENSATION OF THE
SECRETARY OF THE INTERIOR.
(a) In General.--The Joint Resolution entitled ``Joint
Resolution ensuring that the compensation and other
emoluments attached to the office of Secretary of the
Interior are those which were in effect on January 1, 2005'',
approved January 16, 2009 (5 U.S.C. 5312 note; Public Law
111-1), is repealed.
(b) Effective Date.--This section shall take effect as
though enacted on March 2, 2017.
Cloture Motion
Mr. McCONNELL. Mr. President, I send a cloture motion to the desk for
the substitute amendment No. 1407.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The senior assistant legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the standing rules of the Senate,
do hereby move to bring to a close debate on the amendment
No. 1407, as modified, to Calendar No. 357, S. 2657, a bill
to support innovation in advanced geothermal research and
development, and for other purposes.
Mitch McConnell, Chuck Grassley, John Barrasso, John
Thune, Cindy Hyde-Smith, Mike Braun, Lindsey Graham,
Shelley Moore Capito, Lamar Alexander, Thom Tillis,
Mike Crapo, James E. Risch, Lisa Murkowski, John
Hoeven, John Boozman, Steve Daines, Richard C. Shelby.
Cloture Motion
Mr. McCONNELL. Mr. President, I send a cloture motion to the desk
with the underlying bill, S. 2657.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The senior assistant legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the standing rules of the Senate,
do hereby move to bring to a close debate on Calendar No.
357, S. 2657, a bill to support innovation in advanced
geothermal research and development, and for other purposes.
Mitch McConnell, Chuck Grassley, John Barrasso, John
Thune, Cindy Hyde-Smith, Mike Braun, Lindsey Graham,
Shelley Moore Capito, Lamar Alexander, Thom Tillis,
Mike Crapo, James E. Risch, Lisa Murkowski, John
Hoeven, John Boozman, Steve Daines, Richard C. Shelby.
The PRESIDING OFFICER. The Senator from Ohio.
Amendment No. 1514
(Purpose: To establish greater energy efficiency and cost-
effectiveness in building codes.)
Mr. PORTMAN. Mr. President, I ask unanimous consent to call up
amendment No. 1514 and ask that it be reported by number.
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:
The Senator from Ohio [Mr. Portman] proposes an amendment
numbered 1514.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The PRESIDING OFFICER. The Senator from Ohio.
Mr. PORTMAN. Mr. President, Senator Shaheen and I are here today to
report this amendment. This is simply language that is being reinserted
back into the Energy bill that was taken out. I will say that it is
clarifying language. We made some slight changes to clarify that there
are no mandates in this legislation, and it has to do with ensuring
that we have encouragement of energy efficiency in the single largest
use of energy in our country, which are our residential homes and
commercial buildings. So I appreciate the fact that Senator Shaheen is
here on the floor. I yield to the Senator.
The PRESIDING OFFICER. The Senator from New Hampshire.
Mrs. SHAHEEN. Mr. President, Senator Portman and I have been working
on this legislation for about 10 years now. It has gone through
committee multiple times. It has gone through the floor of the Senate
multiple times, and we hope that we have it in a position now where we
can actually get this done as part of the overall energy package, which
is significant and a tribute to the work of Senators Murkowski and
Manchin and so many people in this Chamber.
As Senator Portman said, energy use in buildings is about 40 percent
of our energy use. It is the biggest single sector in our economy.
Energy efficiency is the cheapest, fastest way to deal with our energy
needs. So what these provisions would do--they are voluntary. What they
would do is provide significant savings to consumers. They would be the
equivalent of taking every car and light truck off the road for a year,
so significant emission savings and significant energy savings. This is
a win-win. I hope that the amendment can be called up and passed.
Mr. PORTMAN. I thank my colleague, and I yield back.
The PRESIDING OFFICER. The Senator from Alaska.
Tribute to Christopher Johnson, Frank Johnson, Ethan Camille, and Trey
Camille
Mr. SULLIVAN. Mr. President, it is Thursday afternoon, and it is the
time I love to come down to the floor. It is one of my favorite times
of the week
[[Page S1583]]
because I get to talk about an Alaskan who has done something really,
really important for their community, for their State, and for their
country. I know the pages like the speech because I talk about stories
in Alaska--the great State of Alaska and what is happening in the State
right now. Sometimes I call this person the Alaskan of the Week.
Usually, it is one person. Sometimes we fudge a little and recognize
more than one person. Today we are going to recognize our Alaskans of
the Week.
In any case, these are people who help their communities, help their
country, and oftentimes do something that is unheralded, nobody knows
about, very few know about, so I like to come down and tell the country
about what they are doing. As you know, Alaska is a big State. It holds
a lot of imagination for our Nation--the last frontier, with good
reason, because we are filled with resilient people, some who have
lived in Alaska for thousands and thousands of years, building
communities in some of the most extreme weather environments on the
planet, and they are tough, my constituents. They are also kind, and
they make it through our tough winters.
It is below zero in many, many parts of the State--well below zero.
We make it through these winters through toughness, ingenuity, and,
importantly, looking out for one another.
Last week, I highlighted a heroic Coast Guard rescuer, Evan Grills,
in a real epic story for those who listened to it--what this young
scout swimmer--rescue swimmer did in his first mission ever in the
Coast Guard, something that people should remember for a long, long
time.
This week, I am going to talk about another rescue mission--an only-
in-Alaska mission--and I am going to recognize four extraordinary young
Alaskans who stuck together, toughed it out, looked out for one
another, and were rescued in another perilous situation. They are
Christopher Johnson, age 14; Frank Johnson, age 8; Ethan Camille, age
7; and Trey Camille, 2 years old. All of them are alive and recovering
because of their own ingenuity, determination, toughness, and looking
out for one another. These four boys are from Nunam Iqua, a Yupik
village 495 miles northwest of Anchorage.
Home to about 200 people, this village is a close-knit Yupik
community on the south fork of the Yukon River. A 2005 mission
statement, written by community leaders and elders, describes the
village like this: ``a small quiet community of family, relatives, and
friends working together [to pursue] our Yupik way of lifestyle with
respect to our surrounding land and waters for subsistence.''
Like many places in Alaska, temperatures there can be extreme, as
they would be on February 2, when these four boys were rambunctiously
playing in the house. Irene, the grandmother of three and mother of
one, was watching them that day. It was her birthday. As boys do, they
were getting restless. They wanted to get outside. Irene, wanting to
have them get some exercise and play, rightly encouraged them to get
outside in the great outdoors, but the weather was turning a little bit
ugly. Storms were in the forecast.
Irene later said:
They have to know how to be outside. They are tough Alaskan
kids. There's always going to be a storm coming. Besides,
their elders and their grandfather taught them to be prepared
for the weather.
This is teaching from their grandparents and mothers and fathers.
So the four boys--Christopher, Frank, Ethan, and Trey--trudged
outside to partake in one of the most popular winter hobbies we have in
Alaska, snowmachining. Snowmachining is often referred to as
snowmobiling by many Americans, but I am going to call it by its proper
name, snowmachining. Due to a lack of road systems in our State, it
also happens to be a primary mode of transportation during the winter
months across dozens and dozens of villages throughout Alaska.
After they went riding around the small village, the boys were going
to call it a day, when they spotted a fox. They spotted a fox. Like
curious young boys do, the irresistible urge to trace this fox began,
and they chased it out onto the tundra. Before they knew it, they lost
the fox. The snowmachine was now stuck in the snow, and they were lost
in a white blizzard. They were lost.
Chris, the 14-year-old--the oldest of the group, the leader--was
determined to lift the snowmachine free of the snow. He lifted it so
hard that it was later discovered he suffered a hernia. This is one
tough kid.
Eventually, the machine unfortunately ran out of gas, and the young
boys were miles and miles away from their village and lost. They began
tracking through the deep snow in whiteout conditions in a direction
they thought was the way back home.
At one point, one of the boys briefly took off his glove, which the
wind promptly took away in the storm. Yet they continued walking and
walking into winds as high as 60 miles per hour and wind chills way,
way below zero.
After fighting the deep snow and whiteout conditions for 4 miles,
Chris decided it was time to try to build a snow cave for shelter. That
is a smart young man, knowing how to survive.
They did it. They built a shelter out of snow--a hole for them to
crawl into and escape some of these most brutal wind gusts.
Now, a snow cave is only used as a last resort, but this was the last
resort, and these young boys knew it. So they crawled in, and they
huddled, and they waited for a rescue.
Back in the village, as you can imagine, the boys' family was getting
frantic. They called out to the community to help search for them, and
that is what people did. All throughout the community, they couldn't be
found. And then, as often happens in our State, the Coast Guard, the
National Guard, and local search and rescue groups from neighboring
villages were all activated--Alaskans throughout the State going to
look for these four boys. It was all hands on deck.
Irene and Karen, one of the mothers, of three of them, were
heartsick. Hours and hours went by. The whole State was holding its
breath. It had been over 24 hours. The cold night fell. Around 2 a.m.,
the search and rescue was called off.
In the snow cave, however, these young, tough Alaskan boys continued
to protect each other. Almost 20 miles away from home, they huddled.
They tried to keep each other warm to keep each other alive.
Ethan didn't have a glove. Christopher was only wearing sweatpants,
and they were particularly concerned for the 2-year-old, Trey. First,
one of them crawled on top of Trey, but they were afraid that might be
too much for him, so they created a kind of crisscross barrier to keep
this young 2-year-old alive and warm as best they could.
The 8-year-old, Frank, refused to close his eyes throughout the night
for fear of falling asleep and really never waking up. So he
continuously stayed awake and poked the other boys throughout the night
to keep them awake, which was successful.
The next morning, the storm had cleared, the sun started to come up,
and the search throughout the State, with all of these other Alaskans
looking for these four boys, continued. For hours and hours, the search
team kept their eyes peeled for anything unusual on the tundra.
About 1 hour before the sun was going to go down again the next day,
the search party from Scammon Bay--about 50 miles south--saw something.
They knew how to read the tundra. They knew what a snow drift would
look like, and this one looked different. Then they saw movement.
The search party investigated and came upon the four missing boys
huddled and bundled together. Because it looked like one big mass, at
first they didn't think any of the boys were alive, and then they
realized what was going on. They were protecting the baby.
One of the rescuers, Herschel Sundown, told a reporter they were
protecting Trey. The rescue team immediately got to work warming the
boys up, and within 15 minutes, a Coast Guard helicopter--our brave men
and women of the Coast Guard, always on the scene--quickly transported
these boys, after picking them up, to a local hospital.
Ethan, the 7-year-old, is now recovering from severe frostbite on his
hands, but all the kids are back at school and doing well.
[[Page S1584]]
The rescuer, Herschel Sundown said:
[Honestly], I don't know how they survived. The will to
survive in these young boys is amazing. I have never seen
anything like [it].
Irene, the grandmother of the three and mother of one, is so very
proud of them. She said: If I were to get lost in Alaska in the
wilderness, I would want to be with these four boys. So would I.
She also asked for the prayers of the country for Ethan and for his
hand to heal. And that is starting to happen.
These are the kind of young men and boys in Alaska who make us so
unique, tough, and resourceful. They uplift us, and they make us proud.
They are the protectors of their lands, their homes, and, importantly,
each other.
To the rescue crews, thank you again for your hard work and
perseverance and for risking your own lives for these young boys.
To Christopher, Frank, Ethan, and little 2-year-old Trey, thank you
for your inspiration, for your ingenuity, for your toughness, and for
being able to survive in the elements and looking out for each other.
Thank you for staying alive and staying safe, and congratulations on
being our Alaskans of the Week.
I yield the floor.
The PRESIDING OFFICER. The Senator from Florida.
Mr. SCOTT of Florida. Mr. President, first, I want to thank the
Senator from Alaska for his ``Alaskans of the Week'' each week. I have
had the opportunity to preside a few times when he recognizes the
Alaskan of the Week, and the stories are unbelievable. The story last
week of what the young man from the great State of Florida did up in
Alaska was just remarkable.
So I say to the Senator, thank you for what you do.
Mr. SULLIVAN. Thank you.
Secure U.S. Bases Act
Mr. SCOTT of Florida. Mr. President, I speak today in honor of the
three victims of the tragic terrorist attack that took place at Naval
Air Station Pensacola on December 6, 2019.
Airman Mohammed Sameh Haitham, known to friends and family as ``Mo,''
just 19 years old, from St. Petersburg, FL, was a great athlete who
loved to make others laugh.
Ensign Joshua Kaleb Watson of Enterprise, AL, a 23-year-old natural-
born leader and selfless volunteer, who lifted others up, died a hero
after giving first responders information on the shooter's location
while he was mortally wounded.
Airman Apprentice Cameron Scott Walters of Richmond Hill, GA, was
just 21 years old, with a contagious smile, whose dream was to serve
his country.
Our sailors and law enforcement officials showed heroism and bravery
in the face of evil, as they ran toward the shooter that day, saving
lives, and our first responders came to the first aid of those in need.
Following this attack, I promised to do everything possible to
prevent a tragedy like this from happening again. I called for a hard
reset of the entire foreign national's training program and for all
Saudi nationals training in the United States to be sent home until the
U.S. Department of Defense completed a thorough review.
We now know that 21 of the foreign military students were withdrawn
from the program and returned to Saudi Arabia after an investigation
found that they were engaged in dangerous activities, including
accessing anti-American jihadists websites and child pornography.
Withdrawing these students was a positive step, but there are still
more than 850 military students from Saudi Arabia who remain in the
United States at 38 military installations in 17 States, and there are
thousands of additional foreign nationals from countries around the
world training at U.S. military basis across our great Nation.
I am not calling for an end to these programs. Our alliances around
the world, including our longstanding relationship with Saudi Arabia,
are invaluable in defending American national securities and our
interests abroad. These programs play an important role, but we cannot
put the lives of our military men and women at risk.
We need to make sure that our men and women in uniform are safe at
all times, especially when they are training right here in the United
States.
Today, I am proud to join with my colleague Senator Joni Ernst to
introduce the Secure U.S. Bases Act, to make sure these programs are
operated with American interests first and that our men and women in
uniform are protected.
The Secure U.S. Bases Act does three things. First, it creates a new
visa category for foreign military students training on U.S. bases,
with restrictions on their travel and actions while they are in our
country. Individuals who receive the new visa will be prohibited from
possessing, acquiring, or using firearms, except for uses specifically
required by their training program, and they will be under the
continual oversight of their commander.
Second, the bill changes the application process and vetting
requirements for foreign military students.
The application to train on U.S. bases will now require an official
endorsement letter from the chief of intelligence of their home
country, additional personal information, an in-person interview, and
an extensive background check that will include a review of social
media activity. The U.S. Director of National Intelligence will also be
responsible for the final decision on whether to admit an applicant
into this program.
Finally, the Secretary of Defense must develop a method for
classifying relative risks by country and consider the overall risk
profile of each country when making determinations of an applicant's
eligibility. If a program could be implemented in another country
instead of the United States, the Department should consider that when
appropriate.
This terrorist should have never been allowed into our country, let
alone on any American military base with easy access to military men
and women. The Secure U.S. Bases Act makes sure foreign military
students training at U.S. bases are thoroughly vetted and monitored and
that our troops are protected and never have to experience a tragedy
like this again.
I had the opportunity to serve in the U.S. Navy and can't imagine our
military men and women feeling unsafe on their post. It is a place
where they train and serve, where their families live--some on base and
some off--and where they deserve to feel safe and secure.
I hope all my colleagues join me in this effort and keep our U.S.
bases secure.
I yield the floor.
The PRESIDING OFFICER. The Senator from Texas.
Supreme Court
Mr. CORNYN. Mr. President, yesterday our colleague, the senior
Senator from New York, headed across the street to join a pro-abortion
rally outside the Supreme Court Building, where he made deeply
disturbing comments about two of the Justices sitting on the Supreme
Court. He said these words:
I want to tell you, Gorsuch. I want to tell you, Kavanaugh.
You have released the whirlwind, and you will pay the price.
You won't know what hit you if you go forward with these
awful decisions.
He certainly didn't mince words. The minority leader of the U.S.
Senate threatened two sitting Supreme Court Justices based on the
potential outcome of a case they are considering. That is the only way
to interpret what he said.
It is no surprise to any of us that the Senator from New York is no
fan of the two most recent additions on the Court, but a fiery floor
speech and a downright threat of violence are two very different
things.
We have heard some of our Democratic colleagues voice their
misgivings about the Court, but no one, to my knowledge, has sunk so
low as to threaten sitting Justices. As you would expect, the shock and
outrage were immediate. Liberal legal scholar Laurence Tribe denounced
Senator Schumer. Even Chief Justice Roberts issued a rare public
rebuke, calling the comments not only inappropriate but dangerous.
The simple end to this story would be that our colleague would
apologize to Justice Gorsuch, Justice Kavanaugh, and to the American
people, but instead of doing that, he has doubled down. His office has
accused the Chief Justice somehow of bias and said Senator Schumer was
referring to Republican lawmakers, not the Associate Justices, as if
inciting violence against Republican lawmakers is somehow acceptable,
too, in the wake of what happened to Steve Scalise and other
[[Page S1585]]
Members of Congress just a short time previously. But the minority
leader did not fumble over words. He clearly named Justices Gorsuch and
Kavanaugh in his threat, and when it caught the inevitable firestorm,
his office deliberately tried to mislead the American people about what
he said.
``[P]ay the price. You won't know what hit you''--those are not the
types of statements we need from any elected official, let alone one of
the highest ranking Democrats in the country, nor are they a good
example because others--maybe vulnerable persons--who hear words like
that may become incited to take things into their own hands in
innumerable ways that we can't anticipate.
Unfortunately, some of our colleagues on the other side, including
the junior Senator from Rhode Island, fell in line and chose to echo
the minority leader in criticizing the Chief Justice.
It doesn't matter what case is before the Supreme Court or what
ruling is ultimately handed down; congressional leaders must set an
example for the American people and respect the independence of the
judiciary and the three coequal branches of government. We have had
innumerable discussions about hate speech and threats of violence
against our leaders and politicians. The last thing we need is one of
the most powerful men in the country making a threat against Supreme
Court Justices. It doesn't matter whether you are a fourth grader on
the playground or a U.S. Senator--our lesson should be that violence is
never the answer and that words matter.
The simple end of this would be for Senator Schumer to apologize to
the Justices for his attacks, by name: Justice Gorsuch, Justice
Kavanaugh, and Chief Justice Roberts.
Coronavirus
Mr. President, on another matter, at the beginning of February, the
Air Force announced that my hometown, San Antonio, would be one of the
quarantine sites for Americans evacuated from China due to the
coronavirus. Lackland Air Force Base is home to an incredibly dedicated
and talented group of airmen, and I thank the Air Force for their
assistance in housing these American evacuates during their quarantine
period. Also, the State of Texas and the city of San Antonio have many
hard-working medical professionals, and I have no doubt that these
patients who developed symptoms have received top-notch care while at
Methodist Hospital and the Texas Center for Infectious Disease.
But there was and still is serious concern about the larger public
health impact this virus could have. A couple of weeks ago, I brought
together the city of San Antonio officials, like the mayor and two
members of city council, for meetings with the Department of Health and
Human Services and the Defense Department to discuss the ongoing
mission concerns and challenges. The mayor and the city council had
some legitimate questions and concerns they needed answered.
I felt like, at the time, the meeting was a positive step to help
encourage coordination between local officials and their Federal
partners, but now there is even higher concern after we learned one
patient was released only to later find out the test result indicated
her virus was still active. At the end of her treatment, in accordance
with CDC guidelines, the patient was tested on two occasions with a 24-
hour intervening period, which was protocol at the time, and she was
ultimately released. Following her release, though, a test that the CDC
was unaware was conducted returned results indicating the patient was
still a weak positive for the virus. At that point, she was returned to
isolation, after spending about 12 hours in the broader San Antonio
community, including time at a shopping mall and a hotel.
While I am glad this mistake was caught and corrected, it raises
serious questions that need to be answered to ensure the continued
protection of the American people.
Earlier this week, Senator Cruz and I sent a letter to the Director
of the Centers for Disease Control, Dr. Robert Redfield, asking him to
explain how this incident happened and how it could be avoided in the
future. Now that the majority of the individuals who had been evacuated
from the Diamond Princess cruise ship, as well as from Wuhan Province--
repatriated Americans--have been released from quarantine, what steps
is the Centers for Disease Control taking to ensure they are truly
clear of the virus? How are they monitoring those released from
quarantine, and what public health risks does the larger population
face after their release?
After a lot of conversations, we also asked Director Redfield if
additional evacuees will be brought to Texas for quarantine and what
will happen if San Antonio's health resources reach their maximum
capacity.
I think it is fair to say that my hometown is carrying more than its
fair share of this international outbreak, and its residents deserve
answers. As we continue to see headlines about the spread of the virus
in Washington State, New York, California, and others, it is clear that
time is of the essence.
As we seek those answers, I encourage all of my constituents and all
Americans to read the best guidance on how to keep themselves and their
families safe. While this is a new virus, the same old techniques that
your mother taught you while you were growing up apply: Wash your
hands, disinfect commonly touched household surfaces, and avoid contact
with those who are sick. That is just common sense. Try to avoid
touching your face, be sure to cover your cough or sneeze, and stay
home if you are not feeling well. Those are the commonsense ways we can
protect ourselves.
I am incredibly grateful to the healthcare workers around the world
who are battling this virus and the dedicated scientists who are
working hard to develop a vaccine.
In the past few days, I have spoken with President Trump, Secretary
Azar, and my colleagues on the Appropriations Committee--who did good
work on this supplemental appropriations we just voted on--about the
need for additional coordination and resources, and I thank each of
them for their commitment in keeping Americans and Texans safe.
In this supplemental appropriations bill that we just voted on, I
requested funding for State and local communities--including San
Antonio--which have been at the forefront of this battle, and today we
delivered a big win for them. The supplemental funding bill we just
passed will make $950 million available for reimbursement for the costs
Texas and other States across the country have incurred while
monitoring and treating individuals exposed to the coronavirus.
I want to thank Senator Shelby and the ranking member, Senator Leahy,
for their work on this, and I am glad this much needed relief is now on
the way.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. CASSIDY. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Scott of Florida). Without objection, it
is so ordered.
Mr. CASSIDY. Mr. President, one thing that is on everybody's mind
right now is this: How do we prepare to address the coronavirus? I
speak not just as a Senator but, perhaps even more particularly, as a
physician who has done public health in my previous practice, working
with immunizations, looking at all those issues as to who is vulnerable
and who needs to be protected.
There are a couple of things that are quite apparent from what we
have already learned from this epidemic. Let me compliment the Chinese.
They have come in for some criticism that was well deserved, but in
other things they have helped determine a lot of things that will
benefit the rest of the world in terms of the natural history of
coronavirus.
By the way, the theme of this talk is that we have to make sure that
coronavirus medications are going to be available and affordable for
senior citizens. Why do I emphasize senior citizens? One thing we have
learned from the Chinese is that those who are 50 and above--and 65 and
above, in particular--are the ones who are most likely to die from
being exposed to and infected with coronavirus. That is our Medicare
Part D population. If you
[[Page S1586]]
have a chronic illness--and chronic illness can be hypertension, high
blood pressure--again, you are particularly susceptible. If we know
that our Medicare population is most vulnerable, let us focus
particularly upon them.
First, science is working. There are at least six vaccines that are
being developed to attempt to address the coronavirus. Hopefully, one
of them will work. There are other therapies being developed. Some of
them are medications. Four different medicines are now being tested to
see if they are the ones that absolutely prevent coronavirus. We know
whatever drug that is could end up being quite expensive. For the
Medicare Part D beneficiary, that leads into this discussion: How do we
make sure those drugs are effective?
Let me show you the current situation. This is the Medicare Part D
standard benefit parameter under current law. In the orange is that
which the beneficiary pays, the Medicare Part D beneficiary. The blue
is what the insurance plan pays. The green is what the manufacturer
pays. The dark blue is what the taxpayer pays, the Medicare system.
What you see is, initially, beneath the deductible, the Part D
beneficiary--the senior citizen on Medicare Part D--pays 100 percent.
Then, you go into what is called the initial coverage phase, 25
percent; the coverage gap phase, 25 percent; and then above the
catastrophic coverage, the senior citizen pays 5 percent, no matter how
much that drug costs. That drug could cost $1 million, and they are
going to pay 5 percent under current law.
By the way, that is the list price. Even if the manufacturer and the
pharmacy benefit manager have a deal where the drug might be priced at
$100,000 but the rebate is $50,000 that goes back to the manufacturer--
so your net price is $50,000--the beneficiary is paying 5 percent of
the list price. She is paying 5 percent of $100,000. She does not
benefit from any rebates. This is current law.
We can imagine if a drug that is quickly developed, expensive to
develop, and expensive to produce--and it is the only one that works
against the coronavirus--it is going to be an expensive drug. We can
also imagine if it is an old drug that happens to work, there might be
somebody who buys it, closes down all the competition, and then charges
an arm and a leg for this one old medicine--off patent for decades--
that happens to be the one medicine that actually works to prevent the
progression of coronavirus infection.
How do we protect the senior citizen? Right now, one more time, she
is exposed to 5 percent of the cost, no matter how expensive it is,
under current law. There are a couple of proposals out there right now.
One of them is on the House side, called H.R. 3, and the other
principal bill on the Senate side is called Grassley-Wyden. I am going
to rename it in a second. But let me just say those are the two bills.
Mr. President, you know this, but for the folks watching, I will
explain the tension. Whatever we do to control the cost of medication
has to preserve the incentive for industry--for pharmaceutical
companies and vaccine manufacturers--to continue to innovate. If you
take away all their profits, they will just go home. Why invest
billions of dollars if you don't make a profit? On the other hand, if
they are able to charge so much that no one can afford it, no matter
how innovative they are, it is as if the innovation never occurred.
If the theme of this discussion is ``How do we make sure that
coronavirus medications are available and affordable for the senior
citizen?'' we have to strike that balance. It has to be the balance
between encouraging innovation by allowing a profit but not so much
profit that the senior citizen cannot afford it, and it is as if the
innovation never occurred.
So far there are two options. There is a bill on the House side
called H.R. 3. A lot of what they have is very similar to that which
was passed in the Senate, which I personally think is a very good bill.
But they have one provision that says the Federal Government can
dictate to the pharmaceutical company: This is how much you charge. And
if you don't accept our price, ultimately, we will take 95 percent of
your profits.
If we are going to try to incentivize companies to come up with new
medications to fight cancer, to fight coronavirus, to fight Alzheimer's
disease, we can't go to them at the get-go and say: If you don't accept
the price we dictate, we are going to take 95 percent of your profit.
That is the way you end up with no innovation whatsoever. Even though
there is a fair part of that bill that is constructed, that one is a
deal breaker, and I can tell you that this doctor, who has seen a
tremendous amount of innovation that has saved so many lives, will not
agree to a provision that kills innovation.
But then we go to the other side. What about the bill that we have
here in Senate Finance? It came out of the Senate Finance Committee on
a bipartisan basis, and on that bipartisan basis, it saves taxpayers
$80 to $100 billion over 10 years. Drug companies still make their
profit. They still have the incentive to innovate, but taxpayers also
save.
Most importantly, for the sake of this talk--which is how we make
coronavirus medications affordable to the senior citizen when they
become available--we cap the amount of money the senior citizen has to
pay for her drugs. They no longer pay 5 percent of this price, even if
the list price is $1 million. We are going to cap that so the senior
citizen can afford it. One thing we also do is protect the taxpayer
from having to pay so much and, instead, ask the manufacturers and the
pharmacy benefit managers to pay their fair share.
But for the purposes of this talk, instead of current law where it is
5 percent no matter how much it is, what the senior citizen has to pay
is capped, so however much that coronavirus drug costs, the senior can
afford it. She will not die because she can't afford to pay 5 percent
of a list price no matter how high that list price is.
This so-called Grassley-Wyden bill has passed out of the Senate
Finance Committee. It needs to come to the floor of the Senate. We need
to have a vote on it because as we prepare to fight the coronavirus--to
literally put in policies that will save lives of our senior citizens--
one of those has to be this: How do we make sure the drug is
affordable?
I am renaming Grassley-Wyden. I am now calling Grassley-Wyden the
``Making Coronavirus Drugs Affordable.'' It caps out-of-pocket
expenses; it lets patients pay over time, not all at once in January
and February; it protects patients from price gouging; it preserves the
innovation that does bring us these new drugs.
We have lots of stuff coming through this Congress to address our
Nation's vulnerability to coronavirus. We need to focus on those who
are most vulnerable, those who are 65 and above. We applaud industry,
pharmaceutical companies, researchers, and vaccine manufacturers for
the effort they are putting in to find those drugs. We thank the
Chinese for running many of these clinical trials that will hopefully
establish that one of these drugs is actually effective. Yet what we
must do is continue to allow innovation and, at the same time, make
sure that coronavirus drugs are affordable. This bill will pass the
Senate if it comes to the floor. I ask that it be brought to the floor.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
S. 2657
Ms. MURKOWSKI. Mr. President, I appreciate the strong vote that we
had yesterday, 90 to 4, to advance and continue debate on S. 2657.
Just after that vote was concluded, I laid down a substitute
amendment that contains the full text of the bipartisan American Energy
Innovation Act. Having done that, we would normally begin the process
of voting on amendments, whether by voice or by rollcall in this so-
called regular order. We certainly have no shortage of options. We have
some 200 amendments that have now been filed to the bill. What we are
missing is a little bit of cooperation so that we can actually reach
consent and move to votes.
We could not reach agreement to have votes throughout the course of
[[Page S1587]]
this week from Monday until, effectively, now. It has been frustrating.
Both Senator Manchin and I have been working to try to facilitate that.
We want to take amendments. The leader wants us to take amendments. We
have a good bill. We think we have a pretty strong bill, but we know
that it is always possible to make it better by gathering those ideas
from colleagues who have not been part of the process on the Energy and
Natural Resources Committee. We want to address those priorities from
as many Members as we can.
While we were blocked on votes this week, our staffs have been
working together--Senator Manchin's and mine--to develop a modified
substitute that will add to the original text. We now have a total of
18 filed amendments that will be included as part of the underlying
text. We have been working this week--maybe not actively out on the
floor with a process where folks are voting--but we have been able to
take some of these consensus areas, bring them together, and put them
into a modified text.
This is not my preferred approach. If we could do it the good old-
fashioned way, if you will, through individual votes or a managers'
amendment--a managers' package--that is great. But a modified
substitute was the only option that was available to us, recognizing
that we have limited time on the floor, and we were still not able to
form that path forward.
I want to speak quickly about what is very much a highlight. Our
modified substitute includes an even number of priorities from both
sides, some with amendments, some with modifications. We have been able
to take provisions from the Senator from Arizona, the Senator from
Rhode Island, Senator Ernst of Iowa, Feinstein of California, Tillis of
North Carolina, from New Hampshire, South Dakota, Senator Hassan,
Senator Shaheen, Senator Enzi of Wyoming, Duckworth of Illinois, Cramer
of North Dakota, Casey of Pennsylvania, Romney of Utah, Brown of Ohio,
Wicker of Mississippi, Stabenow of Michigan, Risch of Idaho, Senator
Markey of Massachusetts--18 different provisions, which added to what
we had done previously.
We have priorities from nearly 70 Members of the Senate. That makes a
good, strong bipartisan bill even better and stronger.
We now need to move to our final steps. Just a bit ago, the majority
leader filed cloture on our modified substitute amendment, which will
allow us to hold that vote on Monday evening. As we look to complete
our work on this bipartisan innovation package, know that we are going
to be doing that throughout today, tomorrow, and through the weekend.
I want to address very quickly now some of the support that the
American Energy Innovation Act has received. We have focused on the
priorities that it contains for Members here in the Senate, but we have
also drawn strong support from many stakeholders outside. A group of 39
major trade associations, think tanks, advocacy groups, and
environmental groups wrote us to express their strong support for our
energy innovation package. The signatories include the U.S. Chamber of
Commerce, the National Association of Manufacturers, the Environmental
Defense Fund, and the Nature Conservancy--just to name a few of the
many.
Here are some of the comments that we have heard.
They wrote:
Our diverse organizations recognize and agree that climate
change is an important national priority that demands
Congressional attention. While we may not agree on
everything, we believe there is much common ground upon which
all sides of the debate can come together to begin to address
climate change, promote American technological leadership,
and foster continued economic growth. In particular, there is
a growing consensus that the development and
commercialization of new technologies are important factors
that will determine how quickly and at what cost greenhouse
gas emissions can be reduced.
The American Energy Innovation Act will help do just that .
. . [It] will accelerate these breakthroughs and enable
adoption of lower emitting and more efficient technologies .
. . Congress now has its best opportunity in more than a
decade to enact significant energy legislation.
That is a pretty strong statement from those organizations.
The National Mining Association wrote to us, whose members understand
as well as anyone that clean technologies rely on raw materials.
It wrote: ``This forward-looking legislation takes steps to address
the nation's alarming mineral import reliance and brings the United
States to the forefront of research and development efforts in carbon
capture technologies.''
The Consumer Energy Alliance wrote that our American Energy
Innovation Act ``provides opportunities to make real progress on the
energy issues and environmental protections that all Americans
support.''
The Bipartisan Policy Center wrote that our bill is ``a landmark
piece of legislation representing a down payment on the innovation
necessary to decarbonize our energy sector and modernize our nation's
energy policies.''
The Business Council for Sustainable Energy wrote: ``The bipartisan
introduction of the American Energy Innovation Act demonstrates
Congress' commitment to innovation in the U.S. energy sector.''
All told, we have received support from more than 200 groups,
companies, and organizations for this legislation. These are groups
that are really involved in keeping the lights on in big cities, in
small communities, and all across the Nation. These involve folks from
Edison Electric Institute, the American Public Power Association, and
the National Rural Electric Cooperative Association.
These are groups whose members are working to keep energy affordable,
like the American Petroleum Institute and the National Ocean Industries
Association. We appreciate all of them--ClearPath Action, Citizens for
Responsible Energy Solutions, the Corps Network, the American Wind
Energy Association, the Nuclear Energy Institute, the Clean Air Task
Force, Third Way, the Energy Storage Association, and so many more that
have contacted us and have shared their support.
We are hearing a lot from Alaskans as well. As the Alaska Power
Association wrote in a letter we received this week:
APA and our member electric utilities throughout the State
reiterate our support for the many energy law modernization
elements that comprise your American Energy Innovation Act .
. . AEIA will help Alaska's far-flung electricity providers
and their consumers.
The U.S. Chamber of Commerce's Global Energy Institute wrote: ``We
urge the Senate to seize this opportunity to fuel American innovation
and promote climate action by passing this legislation without delay.''
Those are some pretty good words coming from them. We certainly would
agree.
We had an opportunity this morning, in the Committee on Energy and
Natural Resources, to hear from the head of the IEA, the International
Energy Agency, which is based out of Paris, France. Dr. Fatih Birol
heads up the member countries that are part of the IEA, and they track
trends in energy markets. We do an annual update with Dr. Birol, and,
as usual, his words were important, telling, and resounding.
As we reflect on what Dr. Birol highlighted as areas of opportunity
for the United States to be a global energy leader, what we have put in
the American Energy Innovation Act is exactly the recipe that we should
be pursuing to continue being a leader in the energy sector, to being a
strong leader from an economic perspective, and to being a strong
leader in energy security, in national security, and in environmental
security.
We are doing the right thing, and we have it within this legislation.
We will be moving forward more aggressively with it next week so that
we can get to a good and positive conclusion for the Senate and for the
country.
I yield the floor.
The PRESIDING OFFICER. The Senator from Georgia.
Coronavirus
Mrs. LOEFFLER. Mr. President, I was sworn in 2 months ago and left
behind a nearly three-decade business career to serve the people of
Georgia in our Nation's Capital. It is truly my honor to support and
defend the Constitution.
I arrived as impeachment began, one of the most divided and partisan
times in the history of Congress. Now, with impeachment behind us and
the President's having been acquitted, ongoing partisanship is
undermining the American people's access to facts during a public
health emergency.
[[Page S1588]]
What I have seen in the last few weeks has been alarming. Day after
day, I witness exactly why the American people are fed up with
Washington--the partisan rhetoric, the media's sensationalism, the
negative political news--all while America is facing a public health
emergency.
The government at all levels must carry out the responsibility to
keep Americans safe. Federal agencies and the Vice President and our
President are working relentlessly to do just that. We need to be
united in our efforts to protect the health and safety of all
Americans. This is not a time to score political points through
baseless commentary. It is a time for facts.
I hope my colleagues, the media, and political leaders across America
will continue to put Americans first and put politics aside while we
prepare to combat this outbreak.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mrs. BLACKBURN. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Tennessee Tornadoes
Mrs. BLACKBURN. Mr. President, as I begin my remarks today, I express
my thanks to my colleagues here in this Chamber and, certainly, all
across Capitol Hill who have extended their thoughts and their prayers
and have asked ``How are you doing?'' when it comes to talking about
Tennessee and our citizens and those who have been so adversely
impacted by the tornadoes this week.
The damage is absolutely indescribable. Even though, on early Tuesday
morning, when the news broke and I started watching some of the local
TV stations that had put drones up there around Nashville and Putnam
County and over in Wilson County, I could not appreciate the extent of
this damage until I walked these neighborhoods. That is something I did
yesterday.
You can see the damage. Communities are now debris fields. It is just
indescribable the power of this storm--an F-2, an F-3, and an F-4.
These tornadoes ripped through Tennessee--through Carroll County,
Gibson County, Humphreys County, Benton County, Davidson County, Wilson
County, and Putnam County. The damage that they have seen on the ground
is sometimes for 50 miles. It is just absolutely indescribable.
What we have seen are many families who have been left homeless.
Their homes are now piles of rubble. We have seen over 100,000
Tennesseans initially without electricity, but because of the good work
of the TVA, which is the power generator, and our local power
distributors, we have that number worked down to 23,550. So that is
beginning to improve, and the lights are, indeed, coming back on. Yet
the damage is still there and the loss of property. It is going to be
in the hundreds of millions of dollars. Those estimates are beginning
to take place, but there is a lot of work to do.
The loss of life is, indeed, the most tender as 24 individuals have
lost their lives--18 in Putnam County. We have children who have lost
their lives. We have dozens who have been injured and who have been
hospitalized. We still have some individuals who are unaccounted for
and are missing. So there is a long way back to normalcy as we look at
this situation.
I will tell you that I give a lot of credit to our Governor and the
leadership that he has shown as we have worked through this. He did get
a formal request submitted to FEMA today. He has asked for President
Trump to issue a major disaster declaration. This is going to include
individual assistance for Davidson, Putnam, and Wilson Counties; public
assistance for Benton, Carroll, Davidson, Gibson, Putnam, and Wilson
Counties; and hazard mitigation statewide. He has also requested Small
Business Administration loans for several counties.
This is catastrophic damage. As our teams worked together to assess
the situation and as I worked yesterday with our State's insurance
commissioner; with Director Sheehan of TEMA, the Tennessee Emergency
Management Agency; with General Holmes, our Adjutant General for the
National Guard; and FEMA, with its regional Director, one of the things
that was so significant was that the debris field went on for miles and
miles and miles outside of the areas that were hit. So we know this is
going to take a little while.
I do have some information that I want to share. The Tennessee
Emergency Management Agency has taken the lead in organizing the
shelters and the command centers on the ground in order to get this
information out to individuals in the State and to the individuals
around the country who have family who live in these areas.
There are three contact points that I want to bring attention to: the
home and property cleanup hotline, the statewide crisis phone line, and
then, for individuals who are trying to figure out how to access help
for recovery, the website TN.gov/TEMA. There is a resource directory--
an aggregation--of where to go to find help and information.
The crisis phone line is a mental health phone line because the
impact of this kind of tragedy just cannot be understated.
So, as I said, two important phone numbers--one can help you if you
need emergency cleanup, and another will connect you to trained mental
health professionals. Individuals should be encouraged to call if they
have need there.
On the website, you will find shelter locations, emergency
accommodations and transportation, and just some practical information
on that cleanup and then kind of next steps as you go about filing
claims and rebuilding.
So we do look forward to individuals having access to this
information and using it because we know that we want to be there and
help them to recover during this terrible time.
Tennessee is a State that is known for its volunteer spirit, and as
you look through some of the social media posts that were coming out
during this storm and after the storm and you see the horror of what
was transpiring with the tornadoes, you also see hope, and you see how
the elected officials--those local officials in these communities--have
stepped up and have taken the lead. Our mayors and our sheriffs are to
be commended for the work they are doing and also our emergency
response personnel, all of our first responders, for the way they have
shown up and they have worked through. Some of them worked through 36,
40 hours without a break in order to respond to this.
I was at the State Emergency Operations Center, and in Tennessee we
have, at our National Guard facility, the TEMA response facility, and
individuals would be so encouraged to see this working because you have
representatives from the highway patrol and from the TBI and from the
Red Cross and from so many different State agencies, and they are
working there together to meet the needs of Tennesseans.
On Tuesday evening, when I landed, I went straight over to the
operations center, and there was one gentleman, and he had his puppy
there. So of course that was the first thing I wanted to do, was meet
his pet. He was there working with him. And I found out that this
employee, Brandon Ward, actually had slept on a cot there at the
facility because he had lost his home. So what did he do? The storm
hits. His home gets hit. He heads over to work. He has his pet with
him. He was staying there, helping others even though he had
experienced loss.
We were at a shelter, and there was a nurse, a paramedic, who was
there, and I found out she was from Bowling Green, KY. I asked why she
had chosen to come. She said: We knew you needed help. So she came from
Bowling Green to fill in until someone could get there and handle a
shift. Helping people. Meeting their needs.
We have seen Tennesseans by the thousands show up. Big smiles. They
have got water. They have got food. They have brought along chainsaws
and tractors and bulldozers and four wheelers--everything needed to
clear these debris fields, to move into these communities where houses
once stood, and to help these individuals who are seeking to push
forward in rebuilding their lives, cleaning up the damage that has been
left by this storm, sifting through what was once their home and
finding those precious mementos. That is what is happening in Tennessee
this week.
[[Page S1589]]
We know this is going to be a long road back, but we also know we are
getting special attention with FEMA being on the ground.
Tomorrow, we are going to welcome President Trump to the State, and
he will be able to see firsthand what has happened by an unprecedented
storm that swept through this State on the ground for 50 miles--an F-4
tornado--and he is also going to see Tennesseans working together.
I yield the floor.
The PRESIDING OFFICER. The Senator from Georgia.
Defense Appropriations
Mr. PERDUE. Mr. President, I rise today to talk about what turns into
a perennial topic, and that is how we fund our military.
We are in a situation that in the last 45 years, we have only funded
the Federal Government four times on time. Yet we see a situation where
the world is more dangerous than at any time in my lifetime. We face
five threats across five domains--this has increased over the last 15
or 20 years--and at the same time, we have been at work for 20 years
against terrorism. That war has not abated. It has not gone away. It is
still there.
We now face five threats--primarily, China, Russia, Iran, North
Korea, and terrorism--across five domains: air, land, sea, cyber, and
now space. Yet, with that backdrop, the world being more dangerous than
at any time in my lifetime--and I remember the Cold War. I remember the
Cuban missile crisis. These are things that, in my childhood, really
imprinted on my brain how dangerous the world can be. Yet, today, I say
with some qualification, the world is more dangerous than at any time
in my lifetime. Yet, three times in the last 50 years--the last three
Democratic Presidents cut spending in our military by 25 percent. That
was in the late 1970s, in the mid-1990s, and just in the last decade.
This is devastating. We saw that in readiness in January of 2017. Two-
thirds of our F/A-18s couldn't fly. We had only 3 Army brigades ready
to fight out of 59.
This was a devastating thing we did to the U.S. military, and it
hasn't gone away today. Today--even today--under Republican leadership
in this Senate, this is something that has been going on for decades;
that is, we use something called continuing resolutions.
Let me describe where we are today. The reason I am here speaking to
the body is that we are beginning the authorization process for defense
and other authorizing functions within committees, leading to the
appropriations process, which was supposed to be completed by September
30 this year, the end of our fiscal year. Well, we are in the sixth
fiscal month of this fiscal year, which ends September 30, and we are
just now beginning this process--for a lot of reasons, impeachment
being one. There are several other reasons contributing to the fact
that we are late in this process. So we are staring down the barrel of
another continuing resolution, which we now know costs the U.S.
military $5 billion per quarter.
For 12 of the last 13 years, the Congress has put a continuing
resolution in place for the first quarter of each new fiscal year. Only
in 2018, when this body stayed here in August and wrestled this issue
to the ground, did we fund the military by the end of the fiscal year--
only one time in the last 13 years. As a matter of fact, in 2018 when
we got 75 percent of the budget funded, that was the first time in 22
years we had gotten that much funded.
This is ridiculous. It is broken. We have to fix it. The victim of
that has been the U.S. military. This is devastating on their operation
of rebuilding readiness and now on the recapitalization program we are
beginning in earnest.
Over the last 20 years, shipbuilding has been devastated. We have
lost some 20,000 vendors across all of the DOD, most of those in
shipbuilding. Almost 14,000 primary vendors have been lost in the
supply chain.
Now, even if we were to fund a recapitalization effort that would get
us back to being on par with some of our peer competitors, I question
whether we even have the supply chain today to do that. This is a major
challenge for us right now.
Technology is building, our lethality is building, the way we fight
our fleet is building, but we have to be serious about maintaining
continuity of funding across decades with regard to this capability we
have. We are the 800-pound gorilla beneath the sea today, but today we
are outgunned and outsticked by one of our ``near peer competitors,''
and that is China.
We have a 2016 shipbuilding plan that was done prior to the 2017
national defense strategy, the NDS. In the shipbuilding plan of 2016,
it called for 355 ships by 2034. These are submarines, amphibious
ships, heavy combatant ships, aircraft carriers--over the next 15
years.
Well, the NDS was done in 2017. We still don't know what that
shipbuilding plan is to support the NDS. The new plan is on the desk of
the Secretary of Defense. I understand he is taking his time to make
sure he understands the requirements. He has a particular problem
because of the budget. I get that.
But I want to highlight today what we are up against. Today, China
has 355 ships in their navy; we have 296. That is a 54-ship
disadvantage that we already have today in 2020. That is devastating.
Most people in America don't think that. They don't know that.
Oh, by the way, they really have only one area of operations--the
Indo-Pacific region, although that is changing. But we have multiple
areas of operation around the world. So this is a huge disadvantage we
already have today.
If you look at the next 15 years to 2034, they are projected to go to
435 ships; we are hoping to get to 355 under the current plan of 2016.
That may change when we see this new shipbuilding plan, which, by the
way, was due when the budget was submitted to Congress. That is an 80-
ship delta--80-ship disadvantage that we have to China. That doesn't
count what Russia is investing in its new technology, submarine, and
surface fleet.
We also know what China is doing with the Belt and Road Initiative on
the back of this incremental capability they have in the naval power
that they have been developing for the last 30 years. That is the Belt
and Road Initiative where they go into more than 30 ports in Africa,
over 50 ports in Latin America--that is South America and Central
America--where they make these proprietary loans. They have already
foreclosed on two of those proprietary loans--one in Colombo, Sri
Lanka, and the other in Karachi, Pakistan, where they have actually
taken possession and they are now building military naval bases in
those ports.
Add to that what we see them doing and have done in the South China
Sea. I actually was blessed to be able to go with the Navy on a
flyover--part of a Freedom of Navigation Operation in the South China
Sea--to see exactly what China has done there. We saw Coast Guard ships
1,000 kilometers off the coast of China down in the South China Sea,
patrolling the waters, as if they were within the 12-mile legal limit
of China.
We believe that we can compete. Today we are still the 800-pound
gorilla. Our technology and our sailors and pilots in the Navy and our
marines are the best in the world. We can stand up to the threat today.
My question and caution today, as we are looking at this
authorization for our defense and for the budgeting therein, we have to
make sure that over the next 15 years that we do this shipbuilding
plan, we maintain a more consistent and better funding for that plan so
we can rebuild the supply chain in order to build this capability.
Let me state one other thing. The number of ships is a function of
the distribution of those ships--how many small ships, large ships,
carriers, submarines, and so forth. I get that. But the other is also a
function of how the Navy will fight that. There are new doctrines being
put in place. The Advanced Battle Management System is going in, and we
are increasing dramatically the lethality of the weapons and the
munitions on these vessels. That is the encouraging part. The
discouraging part is that China has the lead right now with regard to
range and speed and a few other things in terms of their munitions. I
am confident we will catch up with that.
We have the first ever--thanks to President Trump, we have the first-
ever audit of the DOD. It came to us 1 year ago. We have been looking
at it. It identified $4 billion of obsolete programs they wanted to get
rid of. Between that $4 billion and the $5 billion
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that is going to be wasted this year alone, if we end up with another
CR in the October, November, December timeframe, that is $9 billion.
That is almost 40 percent of 1 year's shipbuilding plan. That is
serious money, and it is up to us to get that taken care of and to find
that money and to rebuild this Navy.
Let me close with this. The next 50 to 100 years will be determined
in the next 3 to 5 years, in terms of our relationship not only with
China but with Russia, Iran, North Korea, and the other threats we have
around the world. We have to establish with our allies, particularly
our NATO allies and also Japan--to make sure that they get their
investments moving in the right direction so that, collectively, we can
stand up to this growing threat around the world.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from Oklahoma.
Taliban
Mr. LANKFORD. Mr. President, in the fall of 2001--it seems like
forever ago--Trae Young, the great OU point guard and now Atlanta Hawks
phenom, was just 3 years old. Darius Bazley, a player for the Thunder
right now, one of the young guys, he was just barely 1 year old in the
fall of 2001.
At that same time period now, almost 20 years ago, there was a man
named Osama bin Laden working with a small group of people in a country
called Afghanistan that most Americans could not even find on a map at
the time. He was meeting privately with them to organize an attack on
Americans that we could have never imagined. He was training
individuals and sneaking individuals into the United States, training
them further to be pilots and preparing them for an attack that
happened September 11, 2001.
There is not a soul who was alive during that time period who doesn't
remember where they were and what was happening on September 11, 2001.
All of us, we were locked to our TVs watching an airplane fly into a
side of a building and kill thousands of our friends and neighbors.
On September 14, the U.S. Congress passed an authorization for the
use of military force for those individuals who carried out this
attack, 3 days after that attack. By October 7, the first troops had
landed in Afghanistan. They were organizing an effort to find Osama bin
Laden and to eliminate the threat of them carrying that out again.
The very clear mandate at the time was to work with the government at
that time in Afghanistan, the Taliban, who were a ruthless
dictatorship. They had spread their hatred across Afghanistan, but they
had also made a deal with al-Qaida to hide them inside of Afghanistan.
And the Taliban, who willingly allowed Osama bin Laden and the
terrorist group they knew was a terrorist group to remain there, became
the spark for us to go to the Taliban and say: Either turn Osama bin
Laden over to the United States for trial and those who were with him
in al-Qaida or we will come get them. And the Taliban's choice was to
say: Come and get him, which we did.
Over the years, 775,000 American troops have deployed to Afghanistan
at least once--775,000. There were 40 different nations that
participated with us in Operation Enduring Freedom to remove the threat
from that region of al-Qaida attacking us. Our twofold purpose was:
Remove Osama bin Laden and al-Qaida's leadership organization and their
ability to attack the United States and our allies, and No. 2, remove
the Taliban from leadership in Afghanistan because they allowed al-
Qaida to function and to operate in their country, and they would
willingly do it again, so they could not be allowed to remain in
Afghanistan as leaders. Those were our two agendas going into
Afghanistan.
I am proud to say that the United States has won this war with
Afghanistan. Al-Qaida has been decimated. We hunted down Osama bin
Laden until, in 2011, we found him and took him and his core leadership
out at his facility in Pakistan. We continue to drive al-Qaida into
chaos and oblivion. We continue to hunt down the Taliban and their
leadership, pushing them out of any semblance of leadership in
Afghanistan and isolating them in every area we can. They have
sanctions from all over the world against them, and their name has
become synonymous with those who allow terrorism.
Since the time period that we moved in and we won this war, four
Presidential elections have happened in Afghanistan. As they have seen
the peaceful transition of power, as messy as it is in many other parts
of the world--including us--they have seen four elections happen there.
Previously, under the Taliban's ruthless thumb, women could not work or
attend school. Now, 36 percent of the country's workforce is female, 40
percent of elementary students are female, and 33 percent of university
students are female. There has been a tremendous transition in what is
happening in Afghanistan.
They are still a Third World country and still struggling in many
areas. We have seen Afghanistan begin to start to get some traction
there. Their military training has partnered with American leadership--
generals all the way down to the infantry level--to meet with Americans
and learn how to have a professional fighting force there.
Now, are there issues that still remain in Afghanistan? Absolutely.
Afghanistan has a long history of being a tribal region, with tribal
leaders in multiple areas, and a difficulty in uniting a very large
country. But after four Presidential elections and through multiple
areas of peaceful growth, it is time to bring this war to an end.
To answer the question: Why did we go to Afghanistan in the first
place and has that been accomplished, the answer is, we went to remove
the Taliban from the leadership there so they would not allow al-Qaida
to thrive. Al-Qaida is decimated; Osama bin Laden is dead; and the
Taliban have been removed from power.
Now, is everything perfect in Afghanistan? Far from it. The goal was
not peace and daisies when we left. The goal was to accomplish what we
chose to accomplish, to establish a functioning government so they
would not have to go back to the Taliban, and then to leave.
The President's team has been negotiating an agreement with the
leadership of the Taliban and with the leadership of Afghanistan to
determine: Can we begin the process of a peaceful transition out? That
conversation has gone on for 2 years. Obviously, the Afghan leadership
likes our forces to be there. It is a stabilizing force for their
country, but we have no intention to remain in Afghanistan forever. Our
intention is to accomplish what we need to accomplish and then to
withdraw.
Now, I think it entirely likely that we will have a long-term
agreement with Afghanistan and to have troops remain in the region,
much like we do in Honduras right now. We are not fighting a war in
Honduras, but we do have a base in Honduras so when there are disasters
in that area or in order to fight drug trafficking that comes through
that area, we have a base of operations.
I am one of those who believes long term we should have a base of
operations in Afghanistan. It would be wise to do that. What is called
ISIS-K or ISIS in the Khorasan--they are thriving in that region, and
it would be wise for us to keep our eyes on other terrorist
organizations that may try to rise.
We have no intention to stay long term and forever or to control,
manage, or be the security forces for the Afghan Government. We are the
United States of America. We have issues we want to take care of at
home, and we want our sons and daughters to live life with their sons
and daughters.
Now, in the last 48 hours, since this peace treaty, this
organization, this reduction of hostilities--whatever you want to call
it--since this has kicked into place in the last 40 hours, we found out
just how fragile things are. The Taliban reached out and conducted
several attacks at some security checkpoints in Helmand--not against
our forces but against some Afghan forces.
They actually reached out just yesterday and brought a defensive
attack against the Taliban in that region. It is the first violence we
have had in 11 days. We fully expect there will be moments like that,
and there is no expectation that everything is going to be perfect when
we leave Afghanistan.
Quite frankly, the United States does not operate in every location
and expects there to be peace and harmony in every location across the
world. That
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is not our standard. Right now, in Venezuela, that government is in
great chaos, but we don't have troops on the ground trying to manage
that situation. We are diplomatically working to engage and bring a
peaceful resolution to what is happening in Venezuela. We are putting
aggressive economic sanctions in that place to do what we can to help.
We will continue to stay engaged with Afghanistan. We have many
friends there. We have people whom we worked with for a very long time,
side by side. We will stay engaged with Afghanistan, but it is not our
intent to stay and remain forever. Our sons and daughters need the
ability to come home and live their lives.
There are folks like Terry Hill--Terry Hill, from Kellyville, OK. He
enlisted in the Army in 2003, right in the heat of the war with
Afghanistan. He served as an engineer and then later became an officer
and a pilot of a helicopter. He flew 750 combat missions in
Afghanistan--750. After 13 years of serving in the Army and after some
very hard landings, including one final hard landing for him, Terry
came back home. He is back home in Oklahoma, where he runs the Rapid
Application Group. It is a 3D printing company. It is a really
remarkable place. It started at his house and has now grown into a
thriving company, and that 3D printing company does some really
remarkable work for a lot of great customers. He hires a lot of
veterans. He loves to hire other veterans, in fact, and knows the
unique needs and issues there.
Every Friday, Terry and a whole bunch of others across the area and
all the folks there all will wear shirts--what they call RAGFriday. It
is to recognize and bring awareness to veteran suicide because he has
way too many friends he wishes he had back.
Terry is one of the 775,000 people who served in Afghanistan from the
United States. We are glad to have Terry home. We are proud of his
company and what he is doing and the leadership they have. We are proud
of his continued engagement in the veterans community, continuing to
make a difference.
We want all of these folks to be able to come home and to be our
neighbors again and for us to hang out with them. So in the days ahead,
I look forward to a peaceful resolution and, after winning this war in
Afghanistan, to be able to come home, to have continued diplomatic
engagement with them, with a small military footprint, just to be able
to help them in the region when needed.
I am grateful that we are directing our Nation and directing our
military toward home. I could not be more grateful for folks like Terry
and the 775,000 others who have done everything their country has asked
them to do--to push back on al-Qaida and their ruthless attacks on the
United States and to make sure that that does not happen again. I am
proud of them for what they did.
Our family lives in safety and freedom, and millions of Americans
live in gratitude because of those 775,000 folks who went there to keep
the war from coming here again.
With that, I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
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