[Congressional Record Volume 166, Number 165 (Wednesday, September 23, 2020)]
[House]
[Pages H4774-H4877]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1630
EXPANDING ACCESS TO SUSTAINABLE ENERGY ACT OF 2019
Mr. PALLONE. Madam Speaker, pursuant to House Resolution 1129, I call
up the bill (H.R. 4447) to establish an energy storage and microgrid
grant and technical assistance program.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Ms. Titus). Pursuant to House Resolution
1129, in lieu of the amendment in the nature of a substitute
recommended by the Committee on Energy and Commerce printed in the
bill, an amendment in the nature of a substitute consisting of the text
of Rules Committee Print 116-63, modified by the amendment printed in
part A of House Report 116-528, is adopted, and the bill, as amended,
is considered read.
The text of the bill, as amended, is as follows:
H.R. 4447
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Clean
Economy Jobs and Innovation Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
TITLE I--ENERGY EFFICIENCY
Subtitle A--Buildings
Part 1--Building Energy Codes
Sec. 1101. Greater energy efficiency in building codes.
Sec. 1102. Cost-effective codes implementation for efficiency and
resilience.
Sec. 1103. Commercial building energy consumption information sharing.
Part 2--Worker Training and Capacity Building
Sec. 1111. Building training and assessment centers.
Sec. 1112. Career skills training.
Part 3--School Buildings
Sec. 1121. Coordination of energy retrofitting assistance for schools.
Subtitle B--Industrial Efficiency and Competitiveness
Part 1--Manufacturing Energy Efficiency
Sec. 1201. Purposes.
Sec. 1202. Future of Industry program and industrial research and
assessment centers.
Sec. 1203. Sustainable manufacturing initiative.
Sec. 1204. Conforming amendments.
Part 2--Extended Product System Rebate Program
Sec. 1211. Extended Product System Rebate Program.
Part 3--Transformer Rebate Program
Sec. 1221. Energy Efficient Transformer Rebate Program.
Subtitle C--Federal Agency Energy Efficiency
Sec. 1301. Energy-efficient and energy-saving information technologies.
Sec. 1302. Energy efficient data centers.
Subtitle D--Regulatory Provisions
Part 1--Federal Green Buildings
Sec. 1401. High-performance green Federal buildings.
Part 2--Energy and Water Performance Requirements for Federal Buildings
Sec. 1411. Federal Energy Management Program.
Sec. 1412. Federal building energy efficiency performance standards;
certification system and level for green buildings.
Sec. 1413. Use of energy and water efficiency measures in Federal
buildings.
Subtitle E--HOPE for HOMES
Sec. 1501. Definitions.
Part 1--Hope Training
Sec. 1511. Notice for HOPE Qualification training and grants.
Sec. 1512. Course criteria.
Sec. 1513. HOPE Qualification.
Sec. 1514. Grants.
Sec. 1515. Authorization of appropriations.
Part 2--Home Energy Savings Retrofit Rebate Program
Sec. 1521. Establishment of Home Energy Savings Retrofit Rebate
Program.
Sec. 1522. Partial system rebates.
Sec. 1523. State administered rebates.
Sec. 1524. Special provisions for moderate income households.
Sec. 1525. Evaluation reports to Congress.
Sec. 1526. Administration.
Sec. 1527. Authorization of appropriations.
Part 3--General Provisions
Sec. 1531. Appointment of personnel.
Sec. 1532. Maintenance of funding.
Subtitle F--Weatherization
Sec. 1601. Weatherization assistance program.
Sec. 1602. Report on waivers.
Sec. 1603. Application of wage rate requirements to Weatherization
Assistance Program.
Subtitle G--Energy and Water Research Integration
Sec. 1701. Integrating energy and water research.
Sec. 1702. Energy-water oversight and coordination.
Sec. 1703. Rule of construction.
Sec. 1704. Coordination and nonduplication.
Sec. 1705. Definitions.
Subtitle H--Other Matters
Sec. 1801. Modifications to the ceiling fan energy conservation
standard.
Sec. 1802. Smart energy and water efficiency program.
Sec. 1803. Energy Efficiency and Conservation Block Grant Program.
Sec. 1804. Energy efficient public buildings.
Sec. 1805. Smart buildings.
TITLE II--RENEWABLE ENERGY
Subtitle A--Energy Storage
Part 1--Consideration of Energy Storage Systems
Sec. 2101. Consideration of energy storage systems.
Sec. 2102. Coordination of programs.
Part 2--Energy Storage and Microgrid Projects
Sec. 2121. Definitions.
[[Page H4775]]
Sec. 2122. Energy storage and microgrid assistance program.
Sec. 2123. Authorization of appropriations.
Subtitle B--Dam Safety
Sec. 2201. Hydroelectric production incentives and efficiency
improvements.
Sec. 2202. FERC briefing on Edenville Dam and Sanford Dam failures.
Sec. 2203. Dam safety conditions.
Sec. 2204. Dam safety requirements.
Sec. 2205. Viability procedures.
Sec. 2206. FERC dam safety technical conference with States.
Sec. 2207. Required dam safety communications between FERC and States.
Subtitle C--Distributed Renewable Energy
Sec. 2301. Definitions.
Sec. 2302. Establishment or designation of the Distributed Energy
Opportunity Board.
Sec. 2303. Distributed Energy Opportunity Communities.
Sec. 2304. Authorization of appropriations.
Subtitle D--Low-income Solar
Sec. 2401. Grant program for solar installations located in, or that
serve, low-income and underserved areas.
Subtitle E--Research and Development
Part 1--Solar Energy Research and Development
Sec. 2501. Definitions.
Sec. 2502. Solar energy research and development.
Sec. 2503. Solar energy demonstration projects.
Sec. 2504. Next generation solar energy manufacturing initiative.
Sec. 2505. Photovoltaic device recycling research and development.
Sec. 2506. Authorization of appropriations.
Part 2--Wind Energy Research and Development
Sec. 2521. Definitions.
Sec. 2522. Wind energy research and development.
Sec. 2523. Wind energy demonstration and validation projects.
Sec. 2524. Wind energy incubator funding.
Sec. 2525. Mitigating regulatory and market barriers.
Sec. 2526. Authorization of appropriations.
Part 3--Advanced Geothermal Research and Development
Sec. 2541. Definitions.
Sec. 2542. Hydrothermal research and development.
Sec. 2543. General geothermal systems research and development.
Sec. 2544. Enhanced geothermal systems research and development.
Sec. 2545. Geothermal heat pumps and direct use.
Sec. 2546. Cost sharing and proposal evaluation.
Sec. 2547. Advanced geothermal computing and data science research and
development.
Sec. 2548. Geothermal workforce development.
Sec. 2549. Organization and administration of programs.
Sec. 2550. Repeals.
Sec. 2551. Authorization of appropriations.
Sec. 2552. International geothermal energy development.
Sec. 2553. Reauthorization of High Cost Region Geothermal Energy Grant
Program.
Part 4--Water Power Research and Development
Sec. 2561. Water power research and development.
Sec. 2562. Conforming amendments.
Subtitle F--Public Lands Renewable Energy Development
Sec. 2601. Definitions.
Sec. 2602. Land use planning; supplements to programmatic environmental
impact statements.
Sec. 2603. Environmental review on covered land.
Sec. 2604. Program to improve renewable energy project permit
coordination.
Sec. 2605. Increasing economic certainty.
Sec. 2606. Renewable energy goal.
Sec. 2607. Facilitation of coproduction of geothermal energy on oil and
gas leases.
Sec. 2608. Noncompetitive leasing of adjoining areas for development of
geothermal resources.
Sec. 2609. Savings clause.
TITLE III--CARBON POLLUTION REDUCTION TECHNOLOGIES
Subtitle A--Fossil Energy Research and Development
Sec. 3101. Definitions.
Sec. 3102. Fossil energy objectives.
Sec. 3103. Carbon capture technologies.
Sec. 3104. Natural gas carbon capture research, development, and
demonstration program.
Sec. 3105. Carbon storage validation and testing.
Sec. 3106. Carbon utilization.
Sec. 3107. Advanced energy systems.
Sec. 3108. Rare earth elements.
Sec. 3109. Methane hydrate research amendments.
Sec. 3110. Carbon removal.
Sec. 3111. Methane leak detection and mitigation.
Sec. 3112. Waste gas utilization.
Sec. 3113. National energy technology laboratory reforms.
Sec. 3114. Climate Solutions Challenges.
Subtitle B--Controlling Methane Leaks
Sec. 3201. Improving the natural gas distribution system.
Subtitle C--Eminent Domain Reform
Sec. 3301. Modifications to exercise of the right of eminent domain by
holder of a certificate of public convenience and
necessity.
TITLE IV--NUCLEAR ENERGY
Subtitle A--Advanced Nuclear Fuel Availability
Sec. 4101. Program.
Sec. 4102. Reports to Congress.
Sec. 4103. Authorization of appropriations.
Sec. 4104. Definitions.
Subtitle B--Nuclear Energy Leadership Act
Sec. 4201. Definitions.
Sec. 4202. Nuclear energy research, development, demonstration, and
commercial application programs.
Sec. 4203. Nuclear energy budget plan.
Sec. 4204. Organization and administration of programs.
Subtitle C--Defending Against Rosatom Exports
Sec. 4301. Extension and expansion of limitations on importation of
uranium from Russian Federation.
TITLE V--ELECTRIC GRID AND CYBERSECURITY
Subtitle A--Electric Grid
Part 1--21st Century Power Grid
Sec. 5101. 21st Century Power Grid.
Part 2--Transmission Planning
Sec. 5111. Interregional transmission planning report.
Sec. 5112. Interregional transmission planning rulemaking.
Subtitle B--State Energy Security Plans
Sec. 5201. State energy security plans.
Subtitle C--Research and Development
Part 1--Better Energy Storage Technology
Sec. 5301. Energy storage.
Sec. 5302. Critical mineral recycling and reuse research, development,
and demonstration program.
Part 2--Grid Modernization Research and Development
Sec. 5321. Smart grid regional demonstration initiative.
Sec. 5322. Smart grid modeling, visualization, architecture, and
controls.
Sec. 5323. Hybrid energy systems.
Sec. 5324. Grid integration research and development.
Sec. 5325. Industry alliance.
Sec. 5326. Coordination of efforts.
Sec. 5327. Technical amendments; authorization of appropriations.
Part 3--Grid Security Research and Development
Sec. 5341. Amendment to Energy Independence and Security Act of 2007.
Sec. 5342. Critical infrastructure research and construction.
Sec. 5343. Conforming amendment.
Subtitle D--Tribal Energy
Sec. 5401. Indian energy.
Sec. 5402. Report on electricity access and reliability.
TITLE VI--TRANSPORTATION
Subtitle A--Diesel Emissions Reduction
Sec. 6101. Reauthorization of diesel emissions reduction program.
Subtitle B--Clean School Bus Program
Sec. 6201. Reauthorization of Clean School Bus Program.
Subtitle C--Clean Cities Coalition Program
Sec. 6301. Clean Cities Coalition Program.
Subtitle D--Renewable Fuel Standard Integrity
Sec. 6401. Annual deadline for petitions by small refineries for
exemptions from renewable fuel requirements.
Sec. 6402. Information in petition subject to public disclosure.
Subtitle E--EV Infrastructure
Sec. 6501. Definitions.
Sec. 6502. Electric vehicle supply equipment rebate program.
Sec. 6503. Expanding access to electric vehicles in underserved
communities.
Sec. 6504. Ensuring program benefits for underserved and disadvantaged
communities.
Sec. 6505. Model building code for electric vehicle supply equipment.
Sec. 6506. Electric vehicle supply equipment coordination.
Sec. 6507. State consideration of electric vehicle charging.
Sec. 6508. State energy plans.
Sec. 6509. Transportation electrification.
Sec. 6510. Federal fleets.
Sec. 6511. Domestic Manufacturing Conversion Grant Program.
Sec. 6512. Advanced technology vehicles manufacturing incentive
program.
Subtitle F--Vehicles Used for Competition
Sec. 6601. Treatment of vehicles not legal for operation on a street or
highway and used solely for competition.
TITLE VII--ADVANCED RESEARCH PROJECTS AGENCY--ENERGY
Sec. 7001. ARPA-E amendments.
TITLE VIII--TECHNOLOGY TRANSFER
Sec. 8001. Definitions.
Subtitle A--National Clean Energy Technology Transfer Programs
Sec. 8101. Regional clean energy innovation program.
Sec. 8102. National clean energy incubator program.
Sec. 8103. Clean energy technology university prize competition.
[[Page H4776]]
Sec. 8104. Energy I-Corps.
Sec. 8105. Clean energy technology transfer coordination.
Subtitle B--Supporting Technology Development At the National
Laboratories
Sec. 8201. Lab partnering service pilot program.
Sec. 8202. Lab-embedded entrepreneurship program.
Sec. 8203. Small business voucher program.
Sec. 8204. Entrepreneurial leave program.
Sec. 8205. National laboratory employee outside employment authority.
Sec. 8206. Technology commercialization fund.
Sec. 8207. Signature authority.
Subtitle C--Department of Energy Modernization
Sec. 8301. Technology Transfer Program.
Sec. 8302. Management of demonstration projects.
Sec. 8303. Streamlining prize competitions.
Sec. 8304. Milestone-based demonstration projects.
Sec. 8305. Cost-share waiver extension.
Sec. 8306. Special hiring authority for scientific, engineering, and
project management personnel.
Sec. 8307. Technology transfer reports and evaluation.
Sec. 8308. Other transaction authority extension.
TITLE IX--INDUSTRIAL INNOVATION AND COMPETITIVENESS
Subtitle A--Smart Manufacturing
Sec. 9101. Definitions.
Sec. 9102. Development of national smart manufacturing plan.
Sec. 9103. Leveraging existing agency programs to assist small and
medium manufacturers.
Sec. 9104. Leveraging smart manufacturing infrastructure at National
Laboratories.
Sec. 9105. State leadership grants.
Sec. 9106. Report.
Subtitle B--American Innovation and Manufacturing Leadership
Sec. 9201. Definitions.
Sec. 9202. Listing of regulated substances.
Sec. 9203. Monitoring and reporting requirements.
Sec. 9204. Phasedown of regulated substances.
Sec. 9205. Management of regulated substances.
Sec. 9206. Technology transitions.
Sec. 9207. Rulemaking authority.
Sec. 9208. Relationship to other laws.
Subtitle C--Clean Industrial Technology
Sec. 9301. Purpose.
Sec. 9302. Industrial emissions reduction technology development
program.
Sec. 9303. Industrial Technology Innovation Advisory Committee.
Sec. 9304. Technical assistance program to implement industrial
emissions reduction.
Sec. 9305. Coordination of research and development of energy efficient
technologies for industry.
Subtitle D--Combined Heat and Power Support
Sec. 9401. CHP Technical Assistance Partnership Program.
Subtitle E--Title XVII Loan Program Reform
Sec. 9501. Loan program office title XVII reform.
Sec. 9502. Authorization of appropriations.
TITLE X--CRITICAL MATERIALS
Sec. 10101. Definitions.
Subtitle A--Energy Critical Materials
Sec. 10121. Energy critical materials program.
Sec. 10122. Critical materials research database and information
center.
Sec. 10123. Critical materials interagency subcommittee.
Subtitle B--National Materials and Minerals Policy, Research, and
Development
Sec. 10141. Amendments to National Materials and Minerals Policy,
Research and Development Act of 1980.
Sec. 10142. Conforming repeal.
TITLE XI--ENVIRONMENTAL JUSTICE
Sec. 11001. Definitions.
Sec. 11002. Environmental justice community technical assistance
grants.
Sec. 11003. Interagency Federal working group on environmental justice.
Sec. 11004. Federal agency actions to address environmental justice.
Sec. 11005. Training of employees of Federal agencies.
Sec. 11006. Environmental justice basic training program.
Sec. 11007. Environmental justice clearinghouse.
Sec. 11008. Public meetings.
Sec. 11009. National environmental justice advisory council.
Sec. 11010. Environmental justice grant programs.
Sec. 11011. Environmental justice community solid waste disposal
technical assistance grants.
Sec. 11012. Environmental justice community, State, and Tribal grant
programs.
Sec. 11013. Protections for environmental justice communities against
harmful federal actions.
Sec. 11014. Prohibited discrimination.
Sec. 11015. Right of action.
Sec. 11016. Rights of recovery.
Sec. 11017. Public health risks associated with cumulative
environmental stressors.
TITLE XII--OTHER MATTERS
Subtitle A--Blue Collar to Green Collar Jobs Development
Part 1--Office of Economic Impact, Diversity, and Employment
Sec. 12101. Name of office.
Sec. 12102. Energy workforce development programs.
Sec. 12103. Authorization.
Part 2--Energy Workforce Development
Sec. 12111. Energy workforce development.
Sec. 12112. Energy workforce grant program.
Sec. 12113. Definitions.
Subtitle B--Buy American and Wage Rate Requirements
Sec. 12201. Use of American iron, steel, and manufactured goods.
Sec. 12202. Wage rate requirements.
Sec. 12203. Apprenticeships.
Subtitle C--Natural Resources
Sec. 12301. Offshore Wind Career Training Grant Program.
Sec. 12302. Data preservation.
Subtitle D--Clean Energy and Sustainability Accelerator
Sec. 12401. Clean Energy and Sustainability Accelerator.
Subtitle E--Scientific Integrity
Sec. 12501. Sense of Congress.
Sec. 12502. Amendment to America COMPETES Act.
Sec. 12503. Existing policies; clarification.
Subtitle F--Other Matters
Sec. 12601. Authorization.
Sec. 12602. Addressing insufficient compensation of employees and other
personnel of the Federal Energy Regulatory Commission.
Sec. 12603. Office of Public Participation.
Sec. 12604. Background ozone research.
Sec. 12605. Smoke planning and research.
Sec. 12606. Budgetary effects.
TITLE I--ENERGY EFFICIENCY
Subtitle A--Buildings
PART 1--BUILDING ENERGY CODES
SEC. 1101. GREATER ENERGY EFFICIENCY IN BUILDING CODES.
(a) Definitions.--Section 303 of the Energy Conservation
and Production Act (42 U.S.C. 6832) is amended--
(1) by striking paragraph (14) and inserting the following:
``(14) Model building energy code.--The term `model
building energy code' means a voluntary building energy code
or standard developed and updated by interested persons, such
as the code or standard developed by--
``(A) the Council of American Building Officials, or its
legal successor, International Code Council, Inc.;
``(B) the American Society of Heating, Refrigerating, and
Air-Conditioning Engineers; or
``(C) other appropriate organizations.''; and
(2) by adding at the end the following:
``(17) IECC.--The term `IECC' means the International
Energy Conservation Code.
``(18) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103).''.
(b) State Building Energy Efficiency Codes.--Section 304 of
the Energy Conservation and Production Act (42 U.S.C. 6833)
is amended to read as follows:
``SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.
``(a) Voluntary Codes and Standards.--Notwithstanding any
other provision of this section, any model building code or
standard established under section 304 shall not be binding
on a State, local government, or Indian tribe as a matter of
Federal law.
``(b) Action by Secretary.--The Secretary shall--
``(1) encourage and support the adoption of building energy
codes by States, Indian tribes, and, as appropriate, by local
governments that meet or exceed the model building energy
codes, or achieve equivalent or greater energy savings; and
``(2) support full compliance with the State and local
codes.
``(c) State and Indian Tribe Certification of Building
Energy Code Updates.--
``(1) Review and updating of codes by each state and indian
tribe.--
``(A) In general.--Not later than 2 years after the date of
publication of a revision to a model building energy code,
each State or Indian tribe shall certify whether the State or
Indian tribe, respectively, has reviewed and updated the
energy provisions of the building code of the State or Indian
tribe, respectively.
``(B) Demonstration.--The certification shall include a
demonstration of whether the energy savings for the code
provisions that are in effect throughout the territory of the
State or Indian tribe meet or exceed the energy savings of
the updated model building energy code.
``(C) No model building energy code update.--If a model
building energy code is not updated by a target date
established under section 307(b)(2)(E), each State or Indian
tribe shall, not later than 2 years after the specified date,
certify whether the State or Indian tribe, respectively, has
reviewed and updated the energy provisions of the building
code of the State or Indian tribe, respectively, to meet or
exceed the target in section 307(b)(2).
``(2) Validation by secretary.--Not later than 90 days
after a State or Indian tribe certification under paragraph
(1), the Secretary shall--
``(A) determine whether the code provisions of the State or
Indian tribe, respectively, meet the criteria specified in
paragraph (1); and
``(B) if the determination is positive, validate the
certification.
[[Page H4777]]
``(d) Improvements in Compliance With Building Energy
Codes.--
``(1) Requirement.--
``(A) In general.--Not later than 3 years after the date of
a certification under subsection (c), each State and Indian
tribe shall certify whether the State and Indian tribe,
respectively, has--
``(i) achieved full compliance under paragraph (3) with the
applicable certified State and Indian tribe building energy
code or with the associated model building energy code; or
``(ii) made significant progress under paragraph (4) toward
achieving compliance with the applicable certified State and
Indian tribe building energy code or with the associated
model building energy code.
``(B) Repeat certifications.--If the State or Indian tribe
certifies progress toward achieving compliance, the State or
Indian tribe shall repeat the certification until the State
or Indian tribe certifies that the State or Indian tribe has
achieved full compliance, respectively.
``(2) Measurement of compliance.--A certification under
paragraph (1) shall include documentation of the rate of
compliance based on--
``(A) independent inspections of a random sample of the
buildings covered by the code in the preceding year; or
``(B) an alternative method that yields an accurate measure
of compliance.
``(3) Achievement of compliance.--A State or Indian tribe
shall be considered to achieve full compliance under
paragraph (1) if--
``(A) at least 90 percent of building space covered by the
code in the preceding year substantially meets all the
requirements of the applicable code specified in paragraph
(1), or achieves equivalent or greater energy savings level;
or
``(B) the estimated excess energy use of buildings that did
not meet the applicable code specified in paragraph (1) in
the preceding year, compared to a baseline of comparable
buildings that meet this code, is not more than 5 percent of
the estimated energy use of all buildings covered by this
code during the preceding year.
``(4) Significant progress toward achievement of
compliance.--A State or Indian tribe shall be considered to
have made significant progress toward achieving compliance
for purposes of paragraph (1) if the State or Indian tribe--
``(A) has developed and is implementing a plan for
achieving compliance during the 8-year-period beginning on
the date of enactment of the Clean Economy Jobs and
Innovation Act, including annual targets for compliance and
active training and enforcement programs; and
``(B) has met the most recent target under subparagraph
(A).
``(5) Validation by secretary.--Not later than 90 days
after a State or Indian tribe certification under paragraph
(1), the Secretary shall--
``(A) determine whether the State or Indian tribe has
demonstrated meeting the criteria of this subsection,
including accurate measurement of compliance; and
``(B) if the determination is positive, validate the
certification.
``(e) States or Indian Tribes That Do Not Achieve
Compliance.--
``(1) Reporting.--A State or Indian tribe that has not made
a certification required under subsection (c) or (d) by the
applicable deadline shall submit to the Secretary a report
describing--
``(A) the status of the State or Indian tribe with respect
to meeting the requirements and submitting the certification;
and
``(B) a plan for meeting the requirements and submitting
the certification.
``(2) Federal support.--For any State or Indian tribe for
which the Secretary has not validated a certification by a
deadline under subsection (c) or (d), the lack of the
certification may be a consideration for Federal support
authorized under this section for code adoption and
compliance activities.
``(3) Local government.--In any State or Indian tribe for
which the Secretary has not validated a certification under
subsection (c) or (d), a local government may be eligible for
Federal support under subsections (f) and (g) by meeting the
certification requirements of subsections (c) and (d).
``(4) Reports by secretary.--
``(A) In general.--Not later than December 31, 2021, and
not less frequently than once every 3 years thereafter, the
Secretary shall submit to Congress and publish a report
describing--
``(i) the status of model building energy codes;
``(ii) the status of code adoption and compliance in the
States and Indian tribes;
``(iii) implementation of this section; and
``(iv) improvements in energy savings over time as result
of the targets established under section 307(b)(2).
``(B) Impacts.--The report shall include estimates of
impacts of past action under this section, and potential
impacts of further action, on--
``(i) upfront financial and construction costs, cost
benefits and returns (using investment analysis), and
lifetime energy use for buildings;
``(ii) resulting energy costs to individuals and
businesses; and
``(iii) resulting overall annual building ownership and
operating costs.
``(f) Technical Assistance to States and Indian Tribes.--
The Secretary shall provide technical assistance to States
and Indian tribes to implement the goals and requirements of
this section, including procedures and technical analysis for
States and Indian tribes--
``(1) to improve and implement State residential and
commercial building energy codes;
``(2) to demonstrate that the code provisions of the States
and Indian tribes achieve equivalent or greater energy
savings than the model building energy codes and targets;
``(3) to document the rate of compliance with a building
energy code; and
``(4) to otherwise promote the design and construction of
energy- and water-efficient buildings.
``(g) Availability of Incentive Funding.--
``(1) In general.--The Secretary shall provide incentive
funding to States and Indian tribes--
``(A) to implement the requirements of this section;
``(B) to improve and implement residential and commercial
building energy codes, including increasing and verifying
compliance with the codes and training of State, tribal, and
local building code officials to implement and enforce the
codes; and
``(C) to promote building energy and water efficiency
through the use of the codes and standards.
``(2) Additional funding.--Additional funding shall be
provided under this subsection for implementation of a plan
to achieve and document full compliance with residential and
commercial building energy codes under subsection (d)--
``(A) to a State or Indian tribe for which the Secretary
has validated a certification under subsection (c) or (d);
and
``(B) in a State or Indian tribe that is not eligible under
subparagraph (A), to a local government that is eligible
under this section.
``(3) Training.--Of the amounts made available under this
subsection, the State or Indian tribe may use amounts
required, but not to exceed $750,000 for a State, to train
State and local building code officials to implement and
enforce codes described in paragraph (2).
``(4) Local governments.--States may share grants under
this subsection with local governments that implement and
enforce the codes.
``(h) Stretch Codes and Advanced Standards.--
``(1) In general.--The Secretary shall provide technical
and financial support for the development of stretch codes
and advanced standards for residential and commercial
buildings for use as--
``(A) an option for adoption as a building energy code by
local, tribal, or State governments; and
``(B) guidelines for energy-efficient building design.
``(2) Targets.--The stretch codes and advanced standards
shall be designed--
``(A) to achieve substantial energy savings compared to the
model building energy codes; and
``(B) to meet targets under section 307(b), if available,
at least 3 to 6 years in advance of the target years.
``(i) Studies.--The Secretary, in consultation with
building science experts from the National Laboratories and
institutions of higher education, designers and builders of
energy-efficient residential and commercial buildings, code
officials, code and standards developers, and other
stakeholders, shall undertake a study of the feasibility,
impact, economics, and merit of--
``(1) code and standards improvements that would require
that buildings be designed, sited, and constructed in a
manner that makes the buildings more adaptable in the future
to become zero-net-energy after initial construction, as
advances are achieved in energy-saving technologies;
``(2) code procedures to incorporate measured lifetimes,
not just first-year energy use, in trade-offs and performance
calculations;
``(3) legislative options for increasing energy savings
from building energy codes and standards, including
additional incentives for effective State and local action,
and verification of compliance with and enforcement of a code
or standard other than by a State or local government; and
``(4) code and standards improvements that consider energy
efficiency and water efficiency and, to the maximum extent
practicable, consider energy efficiency and water efficiency
in an integrated manner.
``(j) Effect on Other Laws.--Nothing in this section or
section 307 supersedes or modifies the application of
sections 321 through 346 of the Energy Policy and
Conservation Act (42 U.S.C. 6291 et seq.).
``(k) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section and section 307
$200,000,000, to remain available until expended.''.
(c) Federal Building Energy Efficiency Standards.--Section
305 of the Energy Conservation and Production Act (42 U.S.C.
6834) is amended by striking ``voluntary building energy
code'' each place it appears in subsections (a)(2)(B) and (b)
and inserting ``model building energy code''.
(d) Model Building Energy Codes.--
(1) In general.--Section 307 of the Energy Conservation and
Production Act (42 U.S.C. 6836) is amended to read as
follows:
``SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY CODES.
``(a) In General.--The Secretary shall support the updating
of model building energy codes.
``(b) Targets.--
``(1) In general.--The Secretary shall support the updating
of the model building energy codes to enable the achievement
of aggregate energy savings targets established under
paragraph (2).
``(2) Targets.--
``(A) In general.--The Secretary shall work with State,
Indian tribes, local governments, code and standards
developers (such as the entities described in section
303(14)), and other interested parties to support the
updating of model building energy codes by establishing 1 or
more national aggregate energy savings targets to achieve the
purposes of this section.
``(B) Separate targets.--The Secretary shall establish
separate targets for commercial and residential buildings.
``(C) Baselines.--The baseline for updating model building
energy codes shall be the 2009 IECC for residential buildings
and ASHRAE Standard 90.1-2010 for commercial buildings.
[[Page H4778]]
``(D) Code cycles.--The targets established under
subparagraph (A) shall align with the respective code
development cycles determined by the model building energy
code-setting and standards development organizations
described in section 303(14).
``(E) Specific years.--
``(i) In general.--Targets for specific years shall be
established and revised by the Secretary through rulemaking
and coordinated with code and standards developers (such as
the entities described in section 303(14)) at a level that--
``(I) is at the maximum level of energy efficiency that is
technologically feasible and lifecycle cost effective, while
accounting for the economic considerations under paragraph
(4);
``(II) is higher than the preceding target;
``(III) promotes the achievement of commercial and
residential high-performance buildings (as defined in section
401 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17061)) through high performance energy efficiency;
and
``(IV) takes into consideration the variations in climate
zones used in model building energy codes.
``(ii) Initial targets.--Not later than 1 year after the
date of enactment of this clause, the Secretary shall
establish initial targets under this subparagraph.
``(iii) Different target years.--Subject to clause (i),
prior to the applicable year, the Secretary may set a later
target year for any of the model building energy codes
described in subparagraph (A) if the Secretary determines
that a target cannot be met.
``(iv) Small business.--When establishing targets under
this paragraph through rulemaking, the Secretary shall ensure
compliance with the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601 note; Public Law 104-121).
``(3) Appliance standards and other factors affecting
building energy use.--In establishing building code targets
under paragraph (2), the Secretary shall develop and adjust
the targets in recognition of potential savings and costs
relating to--
``(A) efficiency gains made in appliances, lighting,
windows, insulation, and building envelope sealing;
``(B) advancement of distributed generation and on-site
renewable power generation technologies;
``(C) equipment improvements for heating, cooling, and
ventilation systems;
``(D) building management systems and smart technologies to
reduce energy use; and
``(E) other technologies, practices, and building systems
that the Secretary considers appropriate regarding building
plug load and other energy uses.
``(4) Economic considerations.--In establishing and
revising building code targets under paragraph (2), the
Secretary shall consider the economic feasibility of
achieving the proposed targets established under this section
and the potential costs and savings for consumers and
building owners, including a return on investment analysis.
``(c) Technical Assistance to Model Building Energy Code-
Setting and Standards Development Organizations.--
``(1) In general.--The Secretary shall, on a timely basis,
provide technical assistance to model building energy code-
setting and standards development organizations consistent
with the goals of this section.
``(2) Assistance.--The assistance shall include, as
requested by the organizations, technical assistance in--
``(A) evaluating code or standards proposals or revisions;
``(B) building energy and water analysis and design tools;
``(C) building demonstrations;
``(D) developing definitions of energy use intensity and
building types for use in model building energy codes to
evaluate the efficiency impacts of the model building energy
codes;
``(E) performance-based standards;
``(F) evaluating economic considerations under subsection
(b)(4); and
``(G) developing model building energy codes by Indian
tribes in accordance with tribal law.
``(3) Amendment proposals.--The Secretary may submit timely
model building energy code amendment proposals to the model
building energy code-setting and standards development
organizations, with supporting evidence, sufficient to enable
the model building energy codes to meet the targets
established under subsection (b)(2).
``(4) Analysis methodology.--The Secretary shall make
publicly available the entire calculation methodology
(including input assumptions and data) used by the Secretary
to estimate the energy savings of code or standard proposals
and revisions.
``(d) Determination.--
``(1) Revision of model building energy codes.--If the
provisions of the IECC or ASHRAE Standard 90.1 regarding
building energy use are proposed to be revised, the Secretary
shall make a preliminary determination, by not later than 90
days after the date of receipt of the proposed revision, and
a final determination by not later than 15 months after the
date of publication of the revision, regarding whether the
revision will--
``(A) improve energy efficiency in buildings, as compared
to the existing model building energy code; and
``(B) meet the applicable targets under subsection (b)(2).
``(2) Codes or standards not meeting targets.--
``(A) Preliminary determination by secretary.--If the
Secretary makes a preliminary determination under paragraph
(1)(B) that a code or standard does not meet an applicable
target under subsection (b)(2), the Secretary shall
contemporaneously provide to the developer of the model
building energy code or standard not fewer than 2 proposed
changes that would result in a model building energy code
that meets the applicable target, together with supporting
evidence, taking into consideration--
``(i) whether the modified code is technically feasible and
lifecycle cost effective;
``(ii) available appliances, technologies, materials, and
construction practices; and
``(iii) the economic considerations under subsection
(b)(4).
``(B) Determination or election by developer.--Not later
than 270 days after the date of receipt of proposed changes
of the Secretary under subparagraph (A), a developer shall--
``(i) determine whether--
``(I) to publish a new revised code accepting the proposed
changes; or
``(II) to reject the proposed changes; or
``(ii) if the developer elects not to make a determination
under clause (i), publish a notice of that election, together
with the proposed changes.
``(C) Final determination by secretary.--
``(i) In general.--A final determination by the Secretary
shall be made on the model building energy code or standard,
as modified by the changes proposed by the Secretary under
subparagraph (A).
``(ii) Additional determinations.--If a model building
energy code or standards developer makes an election pursuant
to subparagraph (B)(ii), the Secretary shall make the
following final determinations for purposes of this
subsection:
``(I) A final determination regarding whether the code or
standard of the developer, absent any changes proposed by the
Secretary under subparagraph (A), will--
``(aa) improve energy efficiency in buildings, as compared
to the existing model building energy code; and
``(bb) meet the applicable targets under subsection (b)(2).
``(II) A final determination regarding whether the code or
standard of the developer, as modified by the changes
proposed by the Secretary under subparagraph (A), would--
``(aa) improve energy efficiency in buildings, as compared
to the existing model building energy code; and
``(bb) meet the applicable targets under subsection (b)(2).
``(e) Administration.--In carrying out this section, the
Secretary shall--
``(1) publish notice of targets and supporting analysis and
determinations under this section in the Federal Register to
provide an explanation of and the basis for such actions,
including any supporting modeling, data, assumptions,
protocols, and cost-benefit analysis, including return on
investment; and
``(2) provide an opportunity for public comment on targets
and supporting analysis and determinations under this
section.''.
(2) Conforming amendment.--The table of contents for the
Energy Conservation and Production Act is amended by amending
the item relating to section 307 to read as follows:
``Sec. 307. Support for model building energy codes.''.
SEC. 1102. COST-EFFECTIVE CODES IMPLEMENTATION FOR EFFICIENCY
AND RESILIENCE.
(a) In General.--Title III of the Energy Conservation and
Production Act (42 U.S.C. 6831 et seq.) is amended by adding
at the end the following:
``SEC. 309. COST-EFFECTIVE CODES IMPLEMENTATION FOR
EFFICIENCY AND RESILIENCE.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a relevant State agency, as determined by the
Secretary, such as a State building code agency or State
energy office; and
``(B) a partnership.
``(2) Partnership.--The term `partnership' means a
partnership between an eligible entity described in paragraph
(1)(A) and 1 or more of the following entities:
``(A) Local building code agencies.
``(B) Codes and standards developers.
``(C) Associations of builders and design and construction
professionals.
``(D) Local and utility energy efficiency programs.
``(E) Consumer, energy efficiency, and environmental
advocates.
``(F) Other entities, as determined by the Secretary.
``(3) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(b) Establishment.--
``(1) In general.--The Secretary shall establish within the
Building Technologies Office of the Department of Energy a
program under which the Secretary shall award grants on a
competitive basis to eligible entities to enable sustained
cost-effective implementation of updated building energy
codes.
``(2) Updated building energy code.--An update to a
building energy code under this section shall include any
update made available after the existing building energy
code, even if it is not the most recent updated code
available.
``(c) Criteria; Priority.--In awarding grants under
subsection (b), the Secretary shall--
``(1) consider--
``(A) prospective energy savings and plans to measure the
savings;
``(B) the long-term sustainability of those measures and
savings;
``(C) prospective benefits, and plans to assess the
benefits, including benefits relating to--
``(i) resilience and peak load reduction;
``(ii) occupant safety and health; and
``(iii) environmental performance;
``(D) the demonstrated capacity of the eligible entity to
carry out the proposed project; and
[[Page H4779]]
``(E) the need of the eligible entity for assistance; and
``(2) give priority to applications from partnerships.
``(d) Eligible Activities.--
``(1) In general.--An eligible entity awarded a grant under
this section may use the grant funds--
``(A) to create or enable State or regional partnerships to
provide training and materials to--
``(i) builders, contractors and subcontractors, architects,
and other design and construction professionals, relating to
meeting updated building energy codes in a cost-effective
manner; and
``(ii) building code officials, relating to improving
implementation of and compliance with building energy codes;
``(B) to collect and disseminate quantitative data on
construction and codes implementation, including code
pathways, performance metrics, and technologies used;
``(C) to develop and implement a plan for highly effective
codes implementation, including measuring compliance;
``(D) to address various implementation needs in rural,
suburban, and urban areas; and
``(E) to implement updates in energy codes for--
``(i) new residential and commercial buildings (including
multifamily buildings); and
``(ii) additions and alterations to existing residential
and commercial buildings (including multifamily buildings).
``(2) Related topics.--Training and materials provided
using a grant under this section may include information on
the relationship between energy codes and--
``(A) cost-effective, high-performance, and zero-net-energy
buildings;
``(B) improving resilience, health, and safety;
``(C) water savings and other environmental impacts; and
``(D) the economic impacts of energy codes.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this section--
``(1) $25,000,000 for each of fiscal years 2021 through
2030; and
``(2) for fiscal year 2031 and each fiscal year thereafter,
such sums as are necessary.''.
(b) Conforming Amendments.--
(1) Table of contents.--The table of contents for the
Energy Conservation and Production Act is amended by
inserting after the item relating to section 308 the
following:
``Sec. 309. Cost-effective codes implementation for efficiency and
resilience.''.
(2) Definitions.--Section 303 of the Energy Conservation
and Production Act (42 U.S.C. 6832) is amended, in the matter
preceding paragraph (1), by striking ``As used in'' and
inserting ``Except as otherwise provided, in''.
SEC. 1103. 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).
PART 2--WORKER TRAINING AND CAPACITY BUILDING
SEC. 1111. BUILDING TRAINING AND ASSESSMENT CENTERS.
(a) In General.--The Secretary of Energy 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, and Tribal
Colleges or Universities 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 of Energy 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. 1112. 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 of Energy 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, including technologies described in subsection
(b)(3) of section 307 of the Energy Conservation and
Production Act (42 U.S.C. 6836).
(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.
PART 3--SCHOOL BUILDINGS
SEC. 1121. COORDINATION OF ENERGY RETROFITTING ASSISTANCE FOR
SCHOOLS.
Section 392 of the Energy Policy and Conservation Act (42
U.S.C. 6371a) is amended by adding at the end the following:
``(e) Coordination of Energy Retrofitting Assistance for
Schools.--
``(1) Definition of school.--Notwithstanding section
391(6), for the purposes of this subsection, the term
`school' means--
``(A) an elementary school or secondary school (as defined
in section 9101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801));
``(B) an institution of higher education (as defined in
section 102(a) of the Higher Education Act of 1965 (20 U.S.C.
1002(a)));
``(C) 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;
``(D) a school operated by the Bureau of Indian Affairs;
``(E) a tribally controlled school (as defined in section
5212 of the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2511)); and
``(F) a Tribal College or University (as defined in section
316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b))).
``(2) Establishment of clearinghouse.--The Secretary,
acting through the Office of Energy Efficiency and Renewable
Energy, shall establish a clearinghouse to disseminate
information regarding available Federal programs and
financing mechanisms that may be used to help initiate,
develop, and finance energy efficiency, distributed
generation, and energy retrofitting projects for schools.
[[Page H4780]]
``(3) Requirements.--In carrying out paragraph (2), the
Secretary shall--
``(A) consult with appropriate Federal agencies to develop
a list of Federal programs and financing mechanisms that are,
or may be, used for the purposes described in paragraph (2);
and
``(B) coordinate with appropriate Federal agencies to
develop a collaborative education and outreach effort to
streamline communications and promote available Federal
programs and financing mechanisms described in subparagraph
(A), which may include the development and maintenance of a
single online resource that includes contact information for
relevant technical assistance in the Office of Energy
Efficiency and Renewable Energy that States, local education
agencies, and schools may use to effectively access and use
such Federal programs and financing mechanisms.''.
Subtitle B--Industrial Efficiency and Competitiveness
PART 1--MANUFACTURING ENERGY EFFICIENCY
SEC. 1201. PURPOSES.
The purposes of this part are--
(1) to establish a clear and consistent authority for
industrial efficiency programs of the Department of Energy;
(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 of Energy
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. 1202. 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.
``(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
[[Page H4781]]
``(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 Amendments.--The table of contents of the
Energy Independence and Security Act of 2007 (42 U.S.C. prec.
17001) is amended--
(1) in the item relating to section 452, by striking
``Energy-intensive industries program'' and inserting
``Future of industry program''; and
(2) by adding at the end of the items relating to subtitle
D of title IV the following:
SEC. 1203. 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--
``(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. 1204. CONFORMING AMENDMENTS.
(a) Section 106 of the Energy Policy Act of 2005 (42 U.S.C.
15811) and the item relating to such section in the table of
contents of such Act are 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)
and the items relating to such section in the table of
contents of such Act 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,''.
PART 2--EXTENDED PRODUCT SYSTEM REBATE PROGRAM
SEC. 1211. 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 of Energy; and
(C)(i) has greater than 1 horsepower; and
(ii) uses an extended product system technology, as
determined by the Secretary of Energy.
(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 of Energy.
(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 of Energy 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 of Energy--
(A) an application in such form, at such time, and
containing such information as the Secretary of Energy 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 of Energy 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.
PART 3--TRANSFORMER REBATE PROGRAM
SEC. 1221. 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 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
[[Page H4782]]
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 of Energy 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 of
Energy an application in such form, at such time, and
containing such information as the Secretary of Energy 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 of Energy 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 of Energy 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.
Subtitle C--Federal Agency Energy Efficiency
SEC. 1301. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION
TECHNOLOGIES.
(a) In General.--Subtitle C of title V of the Energy
Independence and Security Act of 2007 (Public Law 110-140;
121 Stat. 1661) is amended by adding at the end the
following:
``SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION
TECHNOLOGIES.
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(2) Information technology.--The term `information
technology' has the meaning given that term in section 11101
of title 40, United States Code.
``(b) Development of Implementation Strategy.--Not later
than 1 year after the date of enactment of this section, each
Federal agency shall coordinate with the Director, the
Secretary, and the Administrator of the Environmental
Protection Agency to develop an implementation strategy (that
includes 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 federally owned and
operated facilities, taking into consideration the
performance goals established under subsection (d).
``(c) Administration.--In developing an implementation
strategy under subsection (b), each Federal agency shall
consider--
``(1) advanced metering infrastructure;
``(2) energy-efficient data center strategies and methods
of increasing asset and infrastructure utilization;
``(3) advanced power management tools;
``(4) building information modeling, including building
energy management;
``(5) secure telework and travel substitution tools; and
``(6) mechanisms to ensure that the agency realizes the
energy cost savings brought about through increased
efficiency and utilization.
``(d) Performance Goals.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, 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 federally
owned and operated facilities.
``(2) 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, which shall include
Federal agency consideration of, to the extent applicable by
law, the use of--
``(A) energy savings performance contracting; and
``(B) utility energy services contracting.
``(e) Reports.--
``(1) Agency reports.--Each Federal agency shall include in
the report of the agency under section 527 a description of
the efforts and results of the agency under this section.
``(2) OMB government efficiency reports and scorecards.--
Effective beginning not later than October 1, 2021, the
Director shall include in the annual report and scorecard of
the Director required under section 528 a description of the
efforts and results of Federal agencies under this
section.''.
(b) Conforming Amendment.--The table of contents for the
Energy Independence and Security Act of 2007 is amended by
adding after the item relating to section 529 the following:
``Sec. 530. Energy-efficient and energy-saving information
technologies.''.
SEC. 1302. 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.--The Secretary and the
Administrator shall carry out subsection (b) in collaboration
with information technology industry and other key
stakeholders, with the goal of producing results that
accurately reflect the most relevant and useful information.
In such collaboration, the Secretary and the Administrator
shall pay particular attention to organizations that--
``(1) have members with expertise in energy efficiency and
in the development, operation, and functionality of data
centers, information technology equipment, and software, such
as representatives of hardware manufacturers, data center
operators, and facility managers;
``(2) obtain and address input from Department of Energy
National Laboratories or any college, university, research
institution, industry association, company, or public
interest group with applicable expertise;
``(3) follow--
``(A) commonly accepted procedures for the development of
specifications; and
``(B) accredited standards development processes; and
``(4) 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.--The Secretary, in collaboration with the
Administrator, shall, not later than 4 years after the date
of enactment of the Clean Economy Jobs and Innovation Act,
make available to the public an update to the report of the
Lawrence Berkeley National Laboratory entitled `United States
Data Center Energy Usage Report' and dated June, 2016
(prepared as an update to the Report to Congress on Server
and Data Center Energy Efficiency, published on August 2,
2007, under section 1 of Public Law 109-431 (120 Stat.
2920)), that includes--
``(1) a comparison and gap analysis of the estimates and
projections contained in the report with new data regarding
the period from 2015 through 2020;
``(2) an analysis considering the impact of information
technologies, including virtualization and cloud computing,
in the public and private sectors;
``(3) an evaluation of the impact of the combination of
cloud platforms, mobile devices, social media, and big data
on data center energy usage;
``(4) an evaluation of water usage in data centers and
recommendations for reductions in such water usage; and
``(5) updated projections and recommendations for best
practices through fiscal year 2025.
``(f) Data Center Energy Practitioner Program.--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 leads
to the certification of energy practitioners qualified to
evaluate the energy usage and efficiency opportunities in
federally owned and operated data centers. Each Federal
agency shall consider having the data centers of the agency
evaluated every 4 years, in accordance with section 543(f) of
the National Energy Conservation Policy Act, by energy
practitioners certified pursuant to such program.
``(g) Open Data Initiative.--The Secretary, in
collaboration with key stakeholders and 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 such data
available and accessible in a manner that encourages further
data center innovation, optimization, and consolidation. In
establishing the initiative, the Secretary shall consider the
use of 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
[[Page H4783]]
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.''.
Subtitle D--Regulatory Provisions
PART 1--FEDERAL GREEN BUILDINGS
SEC. 1401. 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.''.
PART 2--ENERGY AND WATER PERFORMANCE REQUIREMENTS FOR FEDERAL BUILDINGS
SEC. 1411. FEDERAL ENERGY MANAGEMENT PROGRAM.
(a) Findings.--Congress finds the following:
(1) The Federal Government is the largest energy user in
the United States.
(2) Reducing energy and water use in Federal facilities--
(A) saves taxpayer dollars;
(B) reduces greenhouse gas emissions from the Federal
sector; and
(C) increases employee comfort and productivity.
(3) It is important for the Federal Government to--
(A) develop goals for energy and water use reduction in
Federal facilities; and
(B) to the maximum extent practicable, take measures that
are life cycle cost effective.
(b) Sense of Congress.--It is the sense of Congress that
Federal agencies should--
(1) for each of fiscal years 2020 through 2030, reduce
average building energy intensity (as measured in British
thermal units per gross square foot) at facilities of the
agency by 2.5 percent each fiscal year, relative to the
average building energy intensity of the facilities of the
agency in fiscal year 2018; and
(2) for each of fiscal years 2020 through 2030, improve
water use efficiency and management, including stormwater
management, at facilities of the agency by reducing agency
water consumption intensity--
(A) by reducing the 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.
(c) Energy Management Requirements.--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) Federal director.--The Secretary shall appoint an
individual to serve as the director of the Program (referred
to in this subsection as the `Federal Director'), which shall
be a career position in the Senior Executive service, to
administer the Program.
``(3) Program activities.--
``(A) Strategic planning and technical assistance.--In
administering the Program, the Federal Director shall--
``(i) provide technical assistance and project
implementation support and guidance to agencies to identify,
implement, procure, and track energy and water conservation
measures required under this Act and under other provisions
of law;
``(ii) in coordination with the Administrator of the
General Services Administration, establish appropriate
procedures, methods, and best practices for use by agencies
to select, monitor, and terminate contracts entered into
pursuant to a utility incentive program under section 546(c)
with utilities;
``(iii) carry out the responsibilities of the Secretary
under section 801, as determined appropriate by the
Secretary;
``(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 agencies; and
``(vi) establish a recognition program for Federal
achievement in energy and water 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.--In
administering the Program, the Federal Director shall--
``(i) track and report on the progress of agencies in
meeting the requirements of the agency under this section;
``(ii) make publicly available agency performance data
required under--
``(I) this section and sections 544, 546, 547, and 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 agency; and
``(II) based on that data, submit to each 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;
``(iv) carry out the responsibilities of the Secretary
under section 305 of the Energy Conservation and Production
Act (42 U.S.C. 6834);
``(v) 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 sustainable design principles for Federal
facilities; 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 interagency coordination.--In administering
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 facilities, energy-related investment
practices, and environmental stewardship; and
``(II) that includes in-person training, internet-based
programs, and national in-person training events;
``(ii) carry out the functions of the Secretary with
respect to the Interagency Energy Management Task Force 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 facilities, 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.--In administering
the Program, the Federal Director shall develop guidance,
supply assistance to, and track the progress of 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) facility 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.
``(4) Management council.--The Federal Director shall
establish a management council to advise the Federal Director
that shall--
``(A) convene not less frequently than once every quarter;
and
``(B) consist of representatives from--
``(i) the Council on Environmental Quality;
``(ii) the Office of Management and Budget; and
``(iii) the Office of Federal High-Performance Green
Buildings in the General Services Administration.
``(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
2025.''.
[[Page H4784]]
SEC. 1412. 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 further amended by
adding at the end the following:
``(19) 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)(3)--
(A) 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 Clean Economy Jobs and Innovation Act, 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
Clean Economy Jobs and Innovation Act; 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 Clean
Economy Jobs and Innovation Act, 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 Clean Economy
Jobs and Innovation Act, as appropriate; 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.'';
(B) in subparagraph (C), by striking ``(C) In the budget
request'' and inserting the following:
``(C) Budget request.--In the budget request''; and
(C) in subparagraph (D)--
(i) by striking subclause (III) of clause (i);
(ii) by striking ``(D) Not later than'' and inserting the
following:
``(D) Standards; certification for green buildings.--
``(i) Standards.--Not later than'';
(iii) by striking ``standards that require that:'' and all
that follows through ``For new Federal buildings'' and
inserting ``standards that require that, for new buildings'';
and
(iv) by striking clauses (ii) through (vii) and inserting
the following:
``(ii) Sustainable design principles.--Sustainable design
principles shall be applied to the siting, design, and
construction of buildings covered by this subparagraph.
``(iii) 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.
``(iv) Basis for selection.--The determination of the
certification systems under clause (iii) 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 (vi).
``(v) 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.
``(vi) 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) the responsible sourcing of grown, harvested, or
mined materials, including through 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.
``(vii) 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 (vi); 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)).
``(viii) Exclusions.--
``(I) In general.--Subject to subclause (II), if a
certification system fails to meet the review requirements of
clause (vi), the Secretary shall--
``(aa) identify the portions of the system, whether
prerequisites, credits, points, or otherwise, that meet the
review criteria of clause (vi);
``(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.
``(ix) 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 (iii).
``(x) 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 (iii) that achieve
an equivalent result in terms of energy savings, sustainable
design, and green building performance.
``(xi) 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.
``(xii) Effective date.--
``(I) Determinations made after december 31, 2020.--The
amendments made by section 1422(b)(1)(C) of the Clean Economy
Jobs and Innovation Act 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 Clean Economy Jobs and Innovation
Act) 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
[[Page H4785]]
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 inserting ``or a Federal building with major
renovations'' after ``new Federal building''.
SEC. 1413. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN
FEDERAL BUILDINGS.
(a) Findings.--Congress finds the following:
(1) Performance contracting is a private financing tool
with guaranteed energy savings and has been used by the
Federal Government for nearly 30 years.
(2) Energy savings performance contracts and utility energy
service contacts allow the Government to invest in
infrastructure using private sector financing and expertise,
with a guarantee of results.
(3) Use of performance contracting has saved the Government
and taxpayers more than $18,000,000,000.
(4) By law, performance contracts are guaranteed to provide
savings to Federal agencies.
(5) On average, performance contracts achieve savings in
excess of the contractual and statutory guarantee.
(6) In a fiscally constrained environment, performance
contracting helps to address the Federal Government's backlog
of maintenance and supplement scarce operations and
maintenance dollars.
(7) The House of Representatives, the Senate, and the
Office of Management and Budget have all acted to recognize
the value of performance contracts by providing distinct
budgetary consideration of them; in the 115th Congress, the
House of Representatives included section 5109 in H. Con.
Res. 71 to enable the greater use of performance contracting
and to recognize their full cost savings benefits.
(8) Federal agencies are not taking full advantage of the
cost-effective energy efficiency measures that are available
and documented.
(9) Using performance contracts to carry out such energy
efficiency measures would benefit taxpayers, the economy, and
the environment.
(b) 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).''.
Subtitle E--HOPE for HOMES
SEC. 1501. DEFINITIONS.
In this subtitle:
(1) Contractor certification.--The term ``contractor
certification'' means an industry recognized certification
that may be obtained by a residential contractor to advance
the expertise and education of the contractor in energy
efficiency retrofits of residential buildings, including--
(A) a certification provided by--
(i) the Building Performance Institute;
(ii) the Air Conditioning Contractors of America;
(iii) the National Comfort Institute;
(iv) the North American Technician Excellence;
(v) RESNET;
(vi) the United States Green Building Council; or
(vii) Home Innovation Research Labs; and
(B) any other certification the Secretary determines
appropriate for purposes of the Home Energy Savings Retrofit
Rebate Program.
(2) Contractor company.--The term ``contractor company''
means a company--
(A) the business of which is to provide services to
residential building owners with respect to HVAC systems,
insulation, air sealing, or other services that are approved
by the Secretary;
(B) that holds the licenses and insurance required by the
State in which the company provides services; and
(C) that provides services for which a partial system
rebate, measured performance rebate, or modeled performance
rebate may be provided pursuant to the Home Energy Savings
Retrofit Rebate Program.
(3) Energy audit.--The term ``energy audit'' means an
inspection, survey, and analysis of the energy use of a
building, including the building envelope and HVAC system.
(4) Home.--The term ``home'' means a residential dwelling
unit in a building with no more than 4 dwelling units that--
(A) is located in the United States;
(B) was constructed before the date of enactment of this
Act; and
(C) is occupied at least 6 months out of the year.
(5) Home energy savings retrofit rebate program.--The term
``Home Energy Savings Retrofit Rebate Program'' means the
Home Energy Savings Retrofit Rebate Program established under
section 1521.
(6) Homeowner.--The term ``homeowner'' means the owner of
an owner-occupied home or a tenant-occupied home.
(7) Home valuation certification.--The term ``home
valuation certification'' means the following home
assessments:
(A) Home Energy Score.
(B) PEARL Certification.
(C) National Green Building Standard.
(D) LEED.
(E) Any other assessment the Secretary determines to be
appropriate.
(8) HOPE qualification.--The term ``HOPE Qualification''
means the qualification described in section 1513.
(9) HOPE training credit.--The term ``HOPE training
credit'' means a HOPE training task credit or a HOPE training
supplemental credit.
(10) HOPE training task credit.--The term ``HOPE training
task credit'' means a credit described in section 1512(a).
(11) HOPE training supplemental credit.--The term ``HOPE
training supplemental credit'' means a credit described in
section 1512(b).
(12) HVAC system.--The term ``HVAC system'' means a
system--
(A) consisting of a heating component, a ventilation
component, and an air-conditioning component; and
(B) which components may include central air conditioning,
a heat pump, a furnace, a boiler, a rooftop unit, and a
window unit.
(13) Measured performance rebate.--The term ``measured
performance rebate'' means a rebate provided in accordance
with section 1523 and described in subsection (e) of that
section.
(14) Modeled performance rebate.--The term ``modeled
performance rebate'' means a rebate provided in accordance
with section 1523 and described in subsection (d) of that
section.
(15) Moderate income.--The term ``moderate income'' means,
with respect to a household, a household with an annual
income that is less than 80 percent of the area median
income, as determined annually by the Department of Housing
and Urban Development.
(16) Partial system rebate.--The term ``partial system
rebate'' means a rebate provided in accordance with section
1522.
(17) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(18) State.--The term ``State'' includes--
(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;
(G) the United States Virgin Islands; and
(H) any other territory or possession of the United States.
(19) State energy office.--The term ``State energy office''
means the office or agency of a State responsible for
developing the State energy conservation plan for the State
under section 362 of the Energy Policy and Conservation Act
(42 U.S.C. 6322).
PART 1--HOPE TRAINING
SEC. 1511. NOTICE FOR HOPE QUALIFICATION TRAINING AND GRANTS.
Not later than 30 days after the date of enactment of this
Act, the Secretary, acting through the Director of the
Building Technologies Office of the Department of Energy,
shall issue a notice that includes--
(1) criteria established under section 1512 for approval by
the Secretary of courses for which credits may be issued for
purposes of a HOPE Qualification;
(2) a list of courses that meet such criteria and are so
approved; and
(3) information on how individuals and entities may apply
for grants under this part.
SEC. 1512. COURSE CRITERIA.
(a) HOPE Training Task Credit.--
(1) Criteria.--The Secretary shall establish criteria for
approval of a course for which a credit, to be known as a
HOPE training task credit, may be issued, including that such
course--
(A) is equivalent to at least 30 hours in total course
time;
(B) is accredited by the Interstate Renewable Energy
Council or is determined to be equivalent by the Secretary;
(C) is, with respect to a particular job, aligned with the
relevant National Renewable Energy
[[Page H4786]]
Laboratory Job Task Analysis, or other credentialing program
foundation that helps identify the necessary core knowledge
areas, critical work functions, or skills, as approved by the
Secretary;
(D) has established learning objectives; and
(E) includes, as the Secretary determines appropriate, an
appropriate assessment of such learning objectives that may
include a final exam, to be proctored on-site or through
remote proctoring, or an in-person field exam.
(2) Included courses.--The Secretary shall approve one or
more courses that meet the criteria described in paragraph
(1) for training related to--
(A) contractor certification;
(B) energy auditing or assessment;
(C) home energy systems (including HVAC systems);
(D) insulation installation and air leakage control;
(E) health and safety regarding the installation of energy
efficiency measures or health and safety impacts associated
with energy efficiency retrofits; and
(F) indoor air quality.
(b) HOPE Training Supplemental Credit Criteria.--The
Secretary shall establish criteria for approval of a course
for which a credit, to be known as a HOPE training
supplemental credit, may be issued, including that such
course provides--
(1) training related to--
(A) small business success, including management, home
energy efficiency software, or general accounting principles;
(B) the issuance of a home valuation certification;
(C) the use of wifi-enabled technology in an energy
efficiency upgrade; or
(D) understanding and being able to participate in the Home
Energy Savings Retrofit Rebate Program; and
(2) as the Secretary determines appropriate, an appropriate
assessment of such training that may include a final exam, to
be proctored on-site or through remote proctoring, or an in-
person field exam.
(c) Existing Approved Courses.--The Secretary may approve a
course that meets the applicable criteria established under
this section that is approved by the applicable State energy
office or relevant State agency with oversight authority for
residential energy efficiency programs.
(d) In-person and Online Training.--An online course
approved pursuant to this section may be conducted in-person,
but may not be offered exclusively in-person.
SEC. 1513. HOPE QUALIFICATION.
(a) Issuance of Credits.--
(1) In general.--The Secretary, or an entity authorized by
the Secretary pursuant to paragraph (2), may issue--
(A) a HOPE training task credit to any individual that
completes a course that meets applicable criteria under
section 1512; and
(B) a HOPE training supplemental credit to any individual
that completes a course that meets the applicable criteria
under section 1512.
(2) Other entities.--The Secretary may authorize a State
energy office implementing an authorized program under
subsection (b)(2), an organization described in section
1514(b), and any other entity the Secretary determines
appropriate, to issue HOPE training credits in accordance
with paragraph (1).
(b) HOPE Qualification.--
(1) In general.--The Secretary may certify that an
individual has achieved a qualification, to be known as a
HOPE Qualification, that indicates that the individual has
received at least 3 HOPE training credits, of which at least
2 shall be HOPE training task credits.
(2) State programs.--The Secretary may authorize a State
energy office to implement a program to provide HOPE
Qualifications in accordance with this part.
SEC. 1514. GRANTS.
(a) In General.--The Secretary shall, to the extent amounts
are made available in appropriations Acts for such purposes,
provide grants to support the training of individuals toward
the completion of a HOPE Qualification.
(b) Provider Organizations.--
(1) In general.--The Secretary may provide a grant of up to
$20,000 under this section to an organization to provide
training online, including establishing, modifying, or
maintaining the online systems, staff time, and software and
online program management, through a course that meets the
applicable criteria established under section 1512.
(2) Criteria.--In order to receive a grant under this
subsection, an organization shall be--
(A) a nonprofit organization;
(B) an educational institution; or
(C) an organization that has experience providing training
to contractors that work with the weatherization assistance
program implemented under part A of title IV of the Energy
Conservation and Production Act (42 U.S.C. 6861 et seq.) or
equivalent experience, as determined by the Secretary.
(3) Additional certifications.--In addition to any grant
provided under paragraph (1), the Secretary may provide an
organization up to $5,000 for each additional course for
which a HOPE training credit may be issued that is offered by
the organization.
(c) Contractor Company.--The Secretary may provide a grant
under this section of $1,000 per employee to a contractor
company, up to a maximum of $10,000, to reimburse the
contractor company for training costs for employees, and any
home technology support needed for an employee to receive
training pursuant to this section. Grant funds provided under
this subsection may be used to support wages of employees
during training.
(d) Trainees.--The Secretary may provide a grant of up to
$1,000 under this section to an individual who receives a
HOPE Qualification.
(e) State Energy Office.--The Secretary may provide a grant
under this section to a State energy office of up to $25,000
to implement an authorized program under section 1513(b).
SEC. 1515. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
part $500,000,000 for the period of fiscal years 2021 through
2025, to remain available until expended.
PART 2--HOME ENERGY SAVINGS RETROFIT REBATE PROGRAM
SEC. 1521. ESTABLISHMENT OF HOME ENERGY SAVINGS RETROFIT
REBATE PROGRAM.
The Secretary shall establish a program, to be known as
the Home Energy Savings Retrofit Rebate Program, to--
(1) provide rebates in accordance with section 1522; and
(2) provide grants to States to carry out programs to
provide rebates in accordance with section 1523.
SEC. 1522. PARTIAL SYSTEM REBATES.
(a) Amount of Rebate.--In carrying out the Home Energy
Savings Retrofit Rebate Program, and subject to the
availability of appropriations for such purpose, the
Secretary shall provide a homeowner a rebate, to be known as
a partial system rebate, of, except as provided in section
1524, up to--
(1) $800 for the purchase and installation of insulation
and air sealing within a home of the homeowner; and
(2) $1,500 for the purchase and installation of insulation
and air sealing within a home of the homeowner and
replacement of an HVAC system, the heating component of an
HVAC system, or the cooling component of an HVAC system, of
such home.
(b) Specifications.--
(1) Cost.--The amount of a partial system rebate provided
under this section shall, except as provided in section 1524,
not exceed 30 percent of cost of the purchase and
installation of insulation and air sealing under subsection
(a)(1), or the purchase and installation of insulation and
air sealing and replacement of an HVAC system, the heating
component of an HVAC system, or the cooling component of an
HVAC system, under subsection (a)(2). Labor may be included
in such cost but may not exceed--
(A) in the case of a rebate under subsection (a)(1), 50
percent of such cost; and
(B) in the case of a rebate under subsection (a)(2), 25
percent of such cost.
(2) Replacement of an hvac system, the heating component of
an hvac system, or the cooling component of an hvac system.--
In order to qualify for a partial system rebate described in
subsection (a)(2)--
(A) any HVAC system, heating component of an HVAC system,
or cooling component of an HVAC system installed shall be
Energy Star Most Efficient certified;
(B) installation of such an HVAC system, the heating
component of an HVAC system, or the cooling component of an
HVAC system, shall be completed in accordance with standards
specified by the Secretary that are at least as stringent as
the applicable guidelines of the Air Conditioning Contractors
of America that are in effect on the date of enactment of
this Act;
(C) if ducts are present, replacement of an HVAC system,
the heating component of an HVAC system, or the cooling
component of an HVAC system shall include duct sealing; and
(D) the installation of insulation and air sealing shall
occur within 6 months of the replacement of the HVAC system,
the heating component of an HVAC system, or the cooling
component of an HVAC system.
(c) Additional Incentives for Contractors.--In carrying out
the Home Energy Savings Retrofit Rebate Program, the
Secretary may provide a $250 payment to a contractor per home
for which--
(1) a partial system rebate is provided under this section
for the installation of insulation and air sealing, or
installation of insulation and air sealing and replacement of
an HVAC system, the heating component of an HVAC system, or
the cooling component of an HVAC system, by the contractor;
(2) the applicable homeowner has signed and submitted to
the Secretary a release form made available pursuant to
section 1526(b) authorizing the contractor access to
information in the utility bills of the homeowner; and
(3) the contractor inputs, into the Department of Energy's
Building Performance Database--
(A) the energy usage for the home for the 12 months
preceding, and the 24 months following, the installation of
insulation and air sealing or installation of insulation and
air sealing and replacement of an HVAC system, the heating
component of an HVAC system, or the cooling component of an
HVAC system;
(B) a description of such installation or installation and
replacement; and
(C) the total cost to the homeowner for such installation
or installation and replacement.
(d) Process.--
(1) Forms; rebate processing system.--Not later than 90
days after the date of enactment of this Act, the Secretary,
in consultation with the Secretary of the Treasury, shall--
(A) develop and make available rebate forms required to
receive a partial system rebate under this section;
(B) establish a Federal rebate processing system which
shall serve as a database and information technology system
that will allow homeowners to submit required rebate forms;
and
(C) establish a website that provides information on
partial system rebates provided under this section, including
how to determine whether particular measures qualify for a
rebate under this section and how to receive such a rebate.
(2) Submission of forms.--In order to receive a partial
system rebate under this section, a
[[Page H4787]]
homeowner shall submit the required rebate forms, and any
other information the Secretary determines appropriate, to
the Federal rebate processing system established pursuant to
paragraph (1).
(e) Funding.--
(1) Limitation.--For each fiscal year, the Secretary may
not use more than 50 percent of the amounts made available to
carry out this part to carry out this section.
(2) Allocation.--The Secretary shall allocate amounts made
available to carry out this section for partial system
rebates among the States using the same formula as is used to
allocate funds for States under part D of title III of the
Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.).
SEC. 1523. STATE ADMINISTERED REBATES.
(a) Funding.--In carrying out the Home Energy Savings
Retrofit Rebate Program, and subject to the availability of
appropriations for such purpose, the Secretary shall provide
grants to States to carry out programs to provide rebates in
accordance with this section.
(b) State Participation.--
(1) Plan.--In order to receive a grant under this section a
State shall submit to the Secretary an application that
includes a plan to implement a State program that meets the
minimum criteria under subsection (c).
(2) Approval.--Not later than 60 days after receipt of a
completed application for a grant under this section, the
Secretary shall either approve the application or provide to
the applicant an explanation for denying the application.
(c) Minimum Criteria for State Programs.--Not later than 6
months after the date of enactment of this Act, the Secretary
shall establish and publish minimum criteria for a State
program to meet to qualify for funding under this section,
including--
(1) that the State program be carried out by the applicable
State energy office or its designee;
(2) that a rebate be provided under a State program only
for a home energy efficiency retrofit that--
(A) is completed by a contractor who meets minimum training
requirements and certification requirements set forth by the
Secretary;
(B) includes installation of one or more home energy
efficiency retrofit measures for a home that together are
modeled to achieve, or are shown to achieve, a reduction in
home energy use of 20 percent or more from the baseline
energy use of the home;
(C) does not include installation of any measure that the
Secretary determines does not improve the thermal energy
performance of the home, such as a pool pump, pool heater,
spa, or EV charger; and
(D) includes, after installation of the applicable home
energy efficiency retrofit measures, a test-out procedure
conducted in accordance with guidelines issued by the
Secretary of such measures to ensure--
(i) the safe operation of all systems post retrofit; and
(ii) that all improvements are included in, and have been
installed according to--
(I) manufacturers installation specifications; and
(II) all applicable State and local codes or equivalent
standards approved by the Secretary;
(3) that the State program utilize--
(A) for purposes of modeled performance rebates, modeling
software approved by the Secretary for determining and
documenting the baseline energy use of a home and the
reductions in home energy use resulting from the
implementation of a home energy efficiency retrofit; and
(B) for purposes of measured performance rebates, methods
and procedures approved by the Secretary for determining and
documenting the baseline energy use of a home and the
reductions in home energy use resulting from the
implementation of a home energy efficiency retrofit,
including methods and procedures for use of advanced metering
infrastructure, weather-normalized data, and open source
standards, to measure such baseline energy use and such
reductions in home energy use;
(4) that the State program include implementation of a
quality assurance program--
(A) to ensure that home energy efficiency retrofits are
achieving the stated level of energy savings, that efficiency
measures were installed correctly, and that work is performed
in accordance with procedures developed by the Secretary,
including through quality-control inspections for a portion
of home energy efficiency retrofits completed by each
applicable contractor; and
(B) under which a quality-control inspection of a home
energy efficiency retrofit is performed by a quality
assurance provider who--
(i) is independent of the contractor for such retrofit; and
(ii) will confirm that such contractor is a contractor who
meets minimum training requirements and certification
requirements set forth by the Secretary;
(5) that the State program include requirements for a
homeowner, contractor, or rebate aggregator to claim a
rebate, including that the homeowner, contractor, or rebate
aggregator submit any applicable forms approved by the
Secretary to the State, including a copy of the certificate
provided by the applicable contractor certifying projected or
measured reduction of home energy use;
(6) that the State program may include requirements for an
entity to be eligible to serve as a rebate aggregator to
facilitate the delivery of rebates to homeowners or
contractors;
(7) that the State program include procedures for a
homeowner to transfer the right to claim a rebate to the
contractor performing the applicable home energy efficiency
retrofit or to a rebate aggregator that works with the
contractor; and
(8) that the State program provide that a homeowner,
contractor, or rebate aggregator may claim more than one
rebate under the State program, and may claim a rebate under
the State program after receiving a partial system rebate
under section 1522, provided that no 2 rebates may be
provided with respect to a home using the same baseline
energy use of such home.
(d) Modeled Performance Rebates.--
(1) In general.--In carrying out a State program under this
section, a State may provide a homeowner, contractor, or
rebate aggregator a rebate, to be known as a modeled
performance rebate, for an energy audit of a home and a home
energy efficiency retrofit that is projected, using modeling
software approved by the Secretary, to reduce home energy use
by at least 20 percent.
(2) Amount.--
(A) In general.--Except as provided in section 1524, and
subject to subparagraph (B), the amount of a modeled
performance rebate provided under a State program shall be
equal to 50 percent of the cost of the applicable energy
audit of a home and home energy efficiency retrofit,
including the cost of diagnostic procedures, labor,
reporting, and modeling.
(B) Limitation.--Except as provided in section 1524, with
respect to an energy audit and home energy efficiency
retrofit that is projected to reduce home energy use by--
(i) at least 20 percent, but less than 40 percent, the
maximum amount of a modeled performance rebate shall be
$2,000; and
(ii) at least 40 percent, the maximum amount of a modeled
performance rebate shall be $4,000.
(e) Measured Performance Rebates.--
(1) In general.--In carrying out a State program under this
section, a State may provide a homeowner, contractor, or
rebate aggregator a rebate, to be known as a measured
performance rebate, for a home energy efficiency retrofit
that reduces home energy use by at least 20 percent as
measured using methods and procedures approved by the
Secretary.
(2) Amount.--
(A) In general.--Except as provided in section 1524, and
subject to subparagraph (B), the amount of a measured
performance rebate provided under a State program shall be
equal to 50 percent of the cost, including the cost of
diagnostic procedures, labor, reporting, and energy
measurement, of the applicable home energy efficiency
retrofit.
(B) Limitation.--Except as provided in section 1524, with
respect to a home energy efficiency retrofit that is measured
as reducing home energy use by--
(i) at least 20 percent, but less than 40 percent, the
maximum amount of a measured performance rebate shall be
$2,000; and
(ii) at least 40 percent, the maximum amount of a measured
performance rebate shall be $4,000.
(f) Coordination of Rebate and Existing State-sponsored or
Utility-sponsored Programs.--A State that receives a grant
under this section is encouraged to work with State agencies,
energy utilities, nonprofits, and other entities--
(1) to assist in marketing the availability of the rebates
under the applicable State program;
(2) to coordinate with utility or State managed financing
programs;
(3) to assist in implementation of the applicable State
program, including installation of home energy efficiency
retrofits; and
(4) to coordinate with existing quality assurance programs.
(g) Administration and Oversight.--
(1) Review of approved modeling software.--The Secretary
shall, on an annual basis, list and review all modeling
software approved for use in determining and documenting the
reductions in home energy use for purposes of modeled
performance rebates under subsection (d). In approving such
modeling software each year, the Secretary shall ensure that
modeling software approved for a year will result in modeling
of energy efficiency gains for any type of home energy
efficiency retrofit that is at least as substantial as the
modeling of energy efficiency gains for such type of home
energy efficiency retrofit using the modeling software
approved for the previous year.
(2) Oversight.--If the Secretary determines that a State is
not implementing a State program that was approved pursuant
to subsection (b) and that meets the minimum criteria under
subsection (c), the Secretary may, after providing the State
a period of at least 90 days to meet such criteria, withhold
grant funds under this section from the State.
SEC. 1524. SPECIAL PROVISIONS FOR MODERATE INCOME HOUSEHOLDS.
(a) Certifications.--The Secretary shall establish
procedures for certifying that the household of a homeowner
is moderate income for purposes of this section.
(b) Percentages.--Subject to subsection (c), for households
of homeowners that are certified pursuant to the procedures
established under subsection (a) as moderate income the--
(1) amount of a partial system rebate under section 1522
shall not exceed 60 percent of the applicable purchase and
installation costs described in section 1522(b)(1); and
(2) amount of--
(A) a modeled performance rebate under section 1523
provided shall be equal to 80 percent of the applicable costs
described in section 1523(d)(2)(A); and
(B) a measured performance rebate under section 1523
provided shall be equal to 80 percent of the applicable costs
described in section 1523(e)(2)(A).
(c) Maximum Amounts.--For households of homeowners that are
certified pursuant to the procedures established under
subsection (a) as moderate income the maximum amount--
(1) of a partial system rebate--
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(A) under section 1522(a)(1) for the purchase and
installation of insulation and air sealing within a home of
the homeowner shall be $1600; and
(B) under section 1522(a)(2) for the purchase and
installation of insulation and air sealing within a home of
the homeowner and replacement of an HVAC system, the heating
component of an HVAC system, or the cooling component of an
HVAC system, of such home, shall be $3,000;
(2) of a modeled performance rebate under section 1523 for
an energy audit and home energy efficiency retrofit that is
projected to reduce home energy use as described in--
(A) section 1523(d)(2)(B)(i) shall be $4,000; and
(B) section 1523(d)(2)(B)(ii) shall be $8,000; and
(3) of a measured performance rebate under section 1523 for
a home energy efficiency retrofit that reduces home energy
use as described in--
(B) section 1523(e)(2)(B)(i) shall be $4,000; and
(C) section 1523(e)(2)(B)(ii) shall be $8,000.
(d) Outreach.--The Secretary shall establish procedures
to--
(1) provide information to households of homeowners that
are certified pursuant to the procedures established under
subsection (a) as moderate income regarding other programs
and resources relating to assistance for energy efficiency
upgrades of homes, including the weatherization assistance
program implemented under part A of title IV of the Energy
Conservation and Production Act (42 U.S.C. 6861 et seq.); and
(2) refer such households, as applicable, to such other
programs and resources.
SEC. 1525. EVALUATION REPORTS TO CONGRESS.
(a) In General.--Not later than 3 years after the date of
enactment of this Act and annually thereafter until the
termination of the Home Energy Savings Retrofit Rebate
Program, the Secretary shall submit to Congress a report on
the use of funds made available to carry out this part.
(b) Contents.--Each report submitted under subsection (a)
shall include--
(1) how many home energy efficiency retrofits have been
completed during the previous year under the Home Energy
Savings Retrofit Rebate Program;
(2) an estimate of how many jobs have been created through
the Home Energy Savings Retrofit Rebate Program, directly and
indirectly;
(3) a description of what steps could be taken to promote
further deployment of energy efficiency and renewable energy
retrofits;
(4) a description of the quantity of verifiable energy
savings, homeowner energy bill savings, and other benefits of
the Home Energy Savings Retrofit Rebate Program;
(5) a description of any waste, fraud, or abuse with
respect to funds made available to carry out this part; and
(6) any other information the Secretary considers
appropriate.
SEC. 1526. ADMINISTRATION.
(a) In General.--The Secretary shall provide such
administrative and technical support to contractors, rebate
aggregators, States, and Indian Tribes as is necessary to
carry out this part.
(b) Information Collection.--The Secretary shall establish,
and make available to a homeowner, or the homeowner's
designated representative, seeking a rebate under this part,
release forms authorizing access by the Secretary, or a
designated third-party representative to information in the
utility bills of the homeowner with appropriate privacy
protections in place.
(c) Application of Wage Rate Requirements to Partial System
and State Administered Rebates.--Section 12202 of this Act
shall not apply to rebates under sections 1522 and 1523.
SEC. 1527. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the Secretary to carry out this part $1,200,000,000 for each
of fiscal years 2021 through 2025, to remain available until
expended.
(b) Tribal Allocation.--Of the amounts made available
pursuant to subsection (a) for a fiscal year, the Secretary
shall work with Indian Tribes and use 2 percent of such
amounts to carry out a program or programs that as close as
possible reflect the goals, requirements, and provisions of
this part, taking into account any factors that the Secretary
determines to be appropriate.
PART 3--GENERAL PROVISIONS
SEC. 1531. APPOINTMENT OF PERSONNEL.
Notwithstanding the provisions of title 5, United States
Code, regarding appointments in the competitive service and
General Schedule classifications and pay rates, the Secretary
may appoint such professional and administrative personnel as
the Secretary considers necessary to carry out this subtitle.
SEC. 1532. MAINTENANCE OF FUNDING.
Each State receiving Federal funds pursuant to this
subtitle shall provide reasonable assurances to the Secretary
that it has established policies and procedures designed to
ensure that Federal funds provided under this subtitle will
be used to supplement, and not to supplant, State and local
funds.
Subtitle F--Weatherization
SEC. 1601. WEATHERIZATION ASSISTANCE PROGRAM.
(a) Reauthorization Of Weatherization Assistance Program.--
Section 422 of the Energy Conservation and Production Act (42
U.S.C. 6872) is amended by striking paragraphs (1) through
(5) and inserting the following:
``(1) $310,000,000 for fiscal year 2021;
``(2) $330,000,000 for fiscal year 2022;
``(3) $350,000,000 for fiscal year 2023;
``(4) $350,000,000 for fiscal year 2024; and
``(5) $350,000,000 for fiscal year 2025.''.
(b) Modernizing the 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
``devices or technologies''; and
(2) by striking ``, after consulting with the Secretary of
Housing and Urban Development, the Secretary of Agriculture,
and the Director of the Community Services Administration''.
(c) Consideration of Health Benefits.--Section 413(b) of
the Energy Conservation and Production Act (42 U.S.C.
6863(b)) is amended--
(1) in paragraph (1), by striking ``Health, Education, and
Welfare'' and inserting ``Health and Human Services'';
(2) in paragraph (2)(A), by striking ``Health, Education,
and Welfare'' and inserting ``Health and Human Services'';
(3) in paragraph (3)--
(A) by striking ``and with the Director of the Community
Services Administration'';
(B) by inserting ``and by'' after ``in carrying out this
part,''; and
(C) by striking ``, and the Director of the Community
Services Administration in carrying out weatherization
programs under section 222(a)(12) of the Economic Opportunity
Act of 1964'';
(4) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively; and
(5) by inserting after paragraph (3), the following:
``(4) The Secretary may amend the regulations prescribed
under paragraph (1) to provide that the standards described
in paragraph (2)(A) take into consideration improvements in
the health and safety of occupants of dwelling units, and
other non-energy benefits, from weatherization.''.
(d) Contractor Optimization.--
(1) In general.--The Energy Conservation and Production Act
is amended by inserting after section 414B (42 U.S.C. 6864b)
the following:
``SEC. 414C. CONTRACTOR OPTIMIZATION.
``(a) In General.--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 section 414 perform periodic reviews of the use of private
contractors in the provision of weatherization assistance,
and encourage expanded use of contractors as appropriate.
``(b) Use of Training Funds.--Entities described in
subsection (a) may use funding described in such subsection
to train private, non-Federal entities that are contracted to
provide weatherization assistance under a weatherization
program, in accordance with rules determined by the
Secretary.''.
(2) Table of contents amendment.--The table of contents for
the Energy Conservation and Production Act is amended by
inserting after the item relating to section 414B the
following:
``Sec. 414C. Contractor optimization.''.
(e) Financial Assistance for WAP Enhancement and
Innovation.--
(1) In general.--The Energy Conservation and Production Act
is amended by inserting after section 414C (as added by
subsection (d) of this section) 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 by making such 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
entities providing weatherization assistance; and
``(5) to encourage 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 that are underrepresented
in the home energy performance workforce, including religious
and ethnic minorities, women, veterans, individuals with
disabilities, and individuals who are socioeconomically
disadvantaged.
``(b) Financial Assistance.--The Secretary shall, to the
extent funds are made available, award financial assistance,
on an annual basis, through a competitive process to entities
receiving funding from the Federal Government or from a
State, tribal organization, or unit of general purpose local
government through a weatherization program under section 413
or section 414, or to nonprofit entities, to be used by such
an entity--
``(1) with respect to dwelling units that are occupied by
low-income persons, to--
``(A) implement measures to make such dwelling units
weatherization-ready by addressing structural, plumbing,
roofing, and electrical issues, environmental hazards, or
other measures that the Secretary determines to be
appropriate;
``(B) install energy efficiency technologies, including
home energy management systems, smart devices, and other
technologies the Secretary determines to be appropriate;
``(C) install renewable energy systems (as defined in
section 415(c)(6)(A)); and
``(D) implement measures to ensure healthy indoor
environments by improving indoor air quality, accessibility,
and other healthy homes measures as determined by the
Secretary;
[[Page H4789]]
``(2) to improve the capability of the entity--
``(A) to significantly increase the number of energy
retrofits performed by such entity;
``(B) to replicate best practices for work performed
pursuant to this section on a larger scale;
``(C) to leverage additional funds to sustain the provision
of weatherization assistance and other work performed
pursuant to this section after financial assistance awarded
under this section is expended; and
``(D) to hire and retain employees who are individuals
described subsection (a)(5);
``(3) for innovative outreach and education regarding the
benefits and availability of weatherization assistance and
other assistance available pursuant to this section;
``(4) for quality control of work performed pursuant to
this section;
``(5) for data collection, measurement, and verification
with respect to such work;
``(6) for program monitoring, oversight, evaluation, and
reporting regarding such work;
``(7) for labor, training, and technical assistance
relating to such work;
``(8) for planning, management, and administration (up to a
maximum of 15 percent of the assistance provided); and
``(9) for such other activities as the Secretary determines
to be appropriate.
``(c) Award Factors.--In awarding financial assistance
under this section, the Secretary shall consider--
``(1) the applicant's record of constructing, renovating,
repairing, or 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 (using the most recent year for
which data are available);
``(2) the number of dwelling units occupied by low-income
persons that the applicant has built, renovated, repaired,
weatherized, or made more energy efficient in the 5 years
preceding the date of the application;
``(3) the qualifications, experience, and past performance
of the applicant, including experience successfully managing
and administering Federal funds;
``(4) the strength of an applicant's proposal to achieve
one or more of the purposes under subsection (a);
``(5) the extent to which such applicant will utilize
partnerships and regional coordination to achieve one or more
of the purposes under subsection (a);
``(6) regional and climate zone diversity;
``(7) urban, suburban, and rural localities; and
``(8) such other factors as the Secretary determines to be
appropriate.
``(d) Applications.--
``(1) Administration.--To be eligible for an award of
financial assistance under this section, an applicant shall
submit to the Secretary an application in such manner and
containing such information as the Secretary may require.
``(2) Awards.--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.
``(e) Maximum Amount and Term.--
``(1) In general.--The total amount of financial assistance
awarded to an entity under this section shall not exceed
$2,000,000.
``(2) 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 that relates to
such financial assistance.
``(3) Term.--The term of an award of financial assistance
under this section shall not exceed 3 years.
``(4) Relationship to formula grants.--An entity may use
financial assistance awarded to such entity under this
section in conjunction with other financial assistance
provided to such entity under this part.
``(f) Requirements.--Not later than 90 days after the date
of enactment of this section, the Secretary shall issue
requirements to implement this section, including, for
entities receiving 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 such
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 pursuant to this section.
``(g) Compliance With State and Local Law.--Nothing in this
section supersedes or otherwise affects any State or local
law, to the extent that the State or local law contains a
requirement that is more stringent than the applicable
requirement of this section.
``(h) Review and Evaluation.--The Secretary shall review
and evaluate the performance of each entity that receives an
award of financial assistance under this section (which may
include an audit).
``(i) Annual Report.--The Secretary shall submit to
Congress an annual report that provides a description of--
``(1) actions taken under this section to achieve the
purposes of this section; and
``(2) accomplishments as a result of such actions,
including energy and cost savings achieved.
``(j) Funding.--
``(1) Amounts.--
``(A) In general.--For each of fiscal years 2021 through
2025, of the amount made available under section 422 for such
fiscal year to carry out the weatherization program under
this part (not including any of such amount made available
for Department of Energy headquarters training or technical
assistance), not more than--
``(i) 2 percent of such amount (if such amount is
$225,000,000 or more but less than $260,000,000) may be used
to carry out this section;
``(ii) 4 percent of such amount (if such amount is
$260,000,000 or more but less than $300,000,000) may be used
to carry out this section; and
``(iii) 6 percent of such amount (if such amount is
$300,000,000 or more) may be used to carry out this section.
``(B) Minimum.--For each of fiscal years 2021 through 2025,
if the amount made available under section 422 (not including
any of such amount made available for Department of Energy
headquarters training or technical assistance) for such
fiscal year is less than $225,000,000, no funds shall be made
available to carry out this section.
``(2) Limitation.--For any fiscal year, the Secretary may
not use more than $25,000,000 of the amount made available
under section 422 to carry out this section.
``(k) Termination.--The Secretary may not award financial
assistance under this section after September 30, 2025.''.
(2) Table of contents.--The table of contents for the
Energy Conservation and Production Act is amended by
inserting after the item relating to section 414C the
following:
``Sec. 414D. Financial assistance for WAP enhancement and
innovation.''.
(f) Hiring.--
(1) In general.--The Energy Conservation and Production Act
is amended by inserting after section 414D (as added by
subsection (e) of this section) the following:
``SEC. 414E. HIRING.
``The Secretary may, as the Secretary determines
appropriate, encourage entities receiving funding from the
Federal Government or from a State through a weatherization
program under section 413 or section 414, to prioritize the
hiring and retention of employees who are individuals
described in section 414D(a)(5).''.
(2) Table of contents.--The table of contents for the
Energy Conservation and Production Act is amended by
inserting after the item relating to section 414D the
following:
``Sec. 414E. Hiring.''.
(g) 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''.
(h) Amending Re-Weatherization Date.--Paragraph (2) of
section 415(c) of the Energy Conservation and Production Act
(42 U.S.C. 6865(c)) is amended to read as follows:
``(2) Dwelling units weatherized (including dwelling units
partially weatherized) under this part, or under other
Federal programs (in this paragraph referred to as `previous
weatherization'), may not receive further financial
assistance for weatherization under this part until the date
that is 15 years after the date such previous weatherization
was completed. This paragraph does not preclude dwelling
units that have received previous weatherization from
receiving assistance and services (including the provision of
information and education to assist with energy management
and evaluation of the effectiveness of installed
weatherization materials) other than weatherization under
this part or under other Federal programs, or from receiving
non-Federal assistance for weatherization.''.
(i) Annual Report.--Section 421 of the Energy Conservation
and Production Act (42 U.S.C. 6871) is amended 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,''.
SEC. 1602. REPORT ON WAIVERS.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Energy shall submit to Congress a
report on the status of any request made after September 30,
2010, for a waiver of any requirement under section 200.313
of title 2, Code of Federal Regulations, as such requirement
applies with respect to the weatherization assistance program
under part A of title IV of the Energy Conservation and
Production Act (42 U.S.C. 6861 et seq.), including a
description of any such waiver that has been granted and any
such request for a waiver that has been considered but not
granted.
SEC. 1603. APPLICATION OF WAGE RATE REQUIREMENTS TO
WEATHERIZATION ASSISTANCE PROGRAM.
With respect to the Weatherization Assistance Program, the
requirements of section 12202 shall apply only to work
performed on multifamily buildings.
Subtitle G--Energy and Water Research Integration
SEC. 1701. INTEGRATING ENERGY AND WATER RESEARCH.
(a) In General.--The Secretary of Energy shall integrate
water considerations into energy research, development, and
demonstration programs and projects of the Department of
Energy 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;
(C) utilizing nontraditional water sources with efforts to
improve the quality of the water from those sources;
[[Page H4790]]
(D) minimizing deleterious impacts on water bodies,
groundwater, and waterways; and
(E) minimizing seismic impacts;
(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.
(b) Strategic Plan.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall develop a
strategic plan identifying the research, development, and
demonstration needs for Department programs and projects to
carry out subsection (a). The strategic plan shall include
technical milestones for achieving and assessing progress
toward the objectives of subsection (a)(1).
(2) Specific considerations.--In developing the strategic
plan, the Secretary shall consider--
(A) new advanced cooling technologies for energy generation
and fuel production technologies;
(B) performance improvement of existing cooling
technologies and cost reductions associated with using those
technologies;
(C) innovative water reuse, recovery, and treatment
technologies in energy generation and fuel production,
including renewable energy;
(D) technology development for carbon capture and storage
systems that utilize efficient water use design strategies;
(E) technologies that are life-cycle cost effective;
(F) systems analysis and modeling of issues relating to the
energy-water nexus;
(G) technologies to treat and utilize wastewater and
produced waters discharged from oil, natural gas, coalbed
methane, and any other substance to be used as an energy
source;
(H) advanced materials for the use of nontraditional water
sources for energy generation and fuel production;
(I) biomass production and utilization and the impact on
hydrologic systems;
(J) technologies that reduce impacts on water from energy
resource development;
(K) energy efficient technologies for water distribution,
treatment, supply, and collection systems;
(L) technologies for energy generation from water
distribution, treatment, supply, and collection systems;
(M) the flexible operation of water infrastructure to
provide essential grid reliability services;
(N) modular or energy-water microgrid systems that can
provide energy and water resources in remote or disaster
recovery areas;
(O) recovering energy in the form of biofuels, bioproducts,
and biopower from municipal and industrial wastewaters, and
similar organic streams; and
(P) any other area of the energy-water nexus that the
Secretary considers appropriate.
(3) Collaboration and nonduplication.--In developing the
strategic plan, the Secretary shall coordinate and avoid
duplication--
(A) with other Federal agencies operating related programs,
if appropriate; and
(B) across programs and projects of the Department,
including with those of the National Laboratories.
(4) Relevant information and recommendations.--In
developing the strategic plan, the Secretary shall consider
and incorporate, as appropriate, relevant information and
recommendations, including those of the National Water
Availability and Use Assessment Program under section 9508(d)
of the Omnibus Public Land Management Act of 2009 (42 U.S.C.
10368(d)).
(5) Additional participation.--In developing the strategic
plan, 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 who have expertise in technologies and
practices relating to the energy-water nexus.
(6) Submission to congress.--Not later than 12 months after
the date of enactment of this Act, the Secretary shall submit
to the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate the strategic plan.
(7) Updating the strategic plan.--Not later than 3 years
after the date of enactment of this Act, and at least once
every 5 years thereafter, the Secretary shall--
(A) utilize relevant information produced by Federal
Government agencies, academia, State, local, and tribal
governments and industry to update the strategic plan;
(B) include in the updated strategic plan a description of
the changes from the previous strategic plan and the
rationale for such changes;
(C) include a review of progress made towards the
milestones outlined in the previous strategic plan; and
(D) submit the updated strategic plan to the Committee on
Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
(c) Additional Activities.--The Secretary may provide for
such additional research, development, and demonstration
activities as appropriate to integrate water considerations
into the research, development, and demonstration activities
of the Department as described in subsection (a).
SEC. 1702. ENERGY-WATER OVERSIGHT AND COORDINATION.
(a) In General.--In carrying out the research, development,
and demonstration activities outlined in section 1701, the
Secretary, in coordination with other relevant Federal
agencies, shall establish an Energy-Water Committee to
promote and enable improved energy and water resource data
collection, reporting, and technological innovation. The
Committee shall consist of--
(1) representation from each program within the Department
and each Federal agency that conducts research related to the
energy-water nexus; and
(2) non-Federal members, including representatives of
research and academic institutions, State, local, and tribal
governments, public utility commissions, and industry, who
have expertise in technologies, technological innovations, or
practices relating to the energy-water nexus.
(b) Functions.--The Committee shall, in carrying out
section 1701--
(1) make recommendations on the development and integration
of data collection and data communication standards and
protocols, including models and modeling results, to agencies
and entities currently engaged in collecting the data for the
energy-water nexus;
(2) recommend ways to make improvements to Federal water
use data to increase understanding of trends in energy
generation and fuel production, including non-cooling water
uses;
(3) recommend best practices for utilizing information from
existing monitoring networks to provide nationally uniform
water and energy use and infrastructure data; and
(4) conduct annual technical workshops, including at least
one regional workshop annually, to facilitate information
exchange among Federal, regional, State, local, and tribal
governments and private sector experts on technologies that
encourage the conservation and efficient use of water and
energy.
(c) Reports.--Not later than 1 year after the date of
enactment of this Act, and at least once every 2 years
thereafter, the Committee, through the Secretary, shall
transmit to Congress a report on its findings and activities
under this section.
(d) 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.
SEC. 1703. RULE OF CONSTRUCTION.
Notwithstanding any other provision of law, nothing in this
part shall be construed to require State, tribal, or local
governments to provide additional data for Federal purposes,
or to take any action that may result in an increased
financial burden to such governments by restricting the use
of water by such governments.
SEC. 1704. COORDINATION AND NONDUPLICATION.
To the maximum extent practicable, the Secretary shall
coordinate activities under this part with other programs of
the Department and other Federal research programs.
SEC. 1705. DEFINITIONS.
In this part:
(1) Committee.--The term ``Committee'' means the Energy-
Water Committee established under section 1702(a).
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Energy-water nexus.--The term ``energy-water nexus''
means the energy required to provide reliable water supplies
and the water required to provide reliable energy supplies
throughout the United States.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
Subtitle H--Other Matters
SEC. 1801. MODIFICATIONS TO THE CEILING FAN ENERGY
CONSERVATION STANDARD.
(a) In General.--Section 325(ff)(6) of the Energy Policy
and Conservation Act (42 U.S.C. 6295(ff)(6)) is amended by
adding at the end the following:
``(C)(i) Large-diameter ceiling fans manufactured on or
after January 21, 2020, shall--
``(I) not be required to meet minimum ceiling fan
efficiency in terms of ratio of the total airflow to the
total power consumption as described in the final rule titled
`Energy Conservation Program: Energy Conservation Standards
for Ceiling Fans' (82 Fed. Reg. 6826 (January 19, 2017)); and
``(II) have a CFEI greater than or equal to--
``(aa) 1.00 at high speed; and
``(bb) 1.31 at 40 percent speed or the nearest speed that
is not less than 40 percent speed.
``(ii) For purposes of this subparagraph, the term `CFEI'
means the Fan Energy Index for large-diameter ceiling fans,
calculated in accordance with ANSI/AMCA Standard 208-18
titled `Calculation of the Fan Energy Index', with the
following modifications:
``(I) Using an Airflow Constant (Q0) of 26,500
cubic feet per minute.
``(II) Using a Pressure Constant (P0) of 0.0027
inches water gauge.
``(III) Using a Fan Efficiency Constant (h0) of
42 percent.''.
(b) Revision.--For purposes of section 325(m) of the Energy
Policy and Conservation Act (42 U.S.C. 6295(m)), the standard
established in section 325(ff)(6)(C) of such Act (as added by
subsection (a) of this section) shall be treated as if such
standard was issued on January 19, 2017.
SEC. 1802. SMART ENERGY AND WATER EFFICIENCY PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a municipality;
(B) a water district; and
(C) any other entity that provides water, wastewater, or
water reuse services, including a joint water and power
authority.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) Smart energy and water efficiency program.--The term
``smart energy and water efficiency program'' or ``program''
means the program established under subsection (b).
(b) Smart Energy and Water Efficiency Program.--
(1) In general.--The Secretary shall establish and carry
out a smart energy and water efficiency program in accordance
with this section.
[[Page H4791]]
(2) Eligible projects.--In carrying out the smart energy
and water efficiency program, the Secretary shall award
grants to eligible entities to carry out projects that
implement advanced and innovative technology-based solutions
that will improve the energy or water efficiency of water,
wastewater, or water reuse systems to--
(A) help eligible entities make significant progress in
conserving water, conserving energy, or reducing the
operating costs of such systems;
(B) support the implementation of innovative processes or
the installation of advanced automated systems that provide
real-time data on energy and water; or
(C) improve predictive maintenance of water, wastewater, or
water reuse systems through the use of Internet-connected
technologies, such as sensors, intelligent gateways, or
security embedded in hardware.
(3) Project selection.--
(A) In general.--The Secretary shall make competitive,
merit-reviewed grants under the program to not fewer than 3,
but not more than 5, eligible entities.
(B) Selection criteria.--In selecting an eligible entity to
receive a grant under the program, the Secretary shall
consider--
(i) energy and cost savings anticipated to result from the
project;
(ii) the innovative nature, commercial viability, and
reliability of the technology to be used;
(iii) the degree to which the project integrates innovative
sensors, software, hardware, analytics, and management tools;
(iv) the anticipated cost-effectiveness of the project in
terms of 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 on a smaller or larger scale, including
whether the technology can be implemented by other types of
eligible entities; and
(vi) whether implementation of the project will be complete
within 5 years.
(C) Applications.--
(i) In general.--Subject to clause (ii), an eligible entity
seeking a grant under the 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; and
(V) the number of households or customers that are served
by the eligible entity and will benefit from the project.
(4) Administration.--
(A) In general.--Not later than 300 days after the date of
enactment of this Act, the Secretary shall select grant
recipients under this section.
(B) Evaluations.--The Secretary shall annually for 5 years
carry out an evaluation of each project for which a grant is
provided under this section that--
(i) evaluates the progress and effects of the project; and
(ii) assesses the degree to which the project can be
replicated in other regions, systems, and situations.
(C) Technical assistance.--On the request of a grant
recipient, the Secretary shall provide technical assistance
to the grant recipient to carry out the project.
(D) Best practices.--The Secretary shall make available to
the public--
(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.--Not later than the date on which
the Secretary completes the last evaluation required under
subparagraph (B), the Secretary shall submit to Congress a
report containing the results of each evaluation carried out
under such subparagraph.
(c) Authorization of Appropriations.--There is authorized
to be appropriated $15,000,000 to carry out this section, to
remain available until expended.
SEC. 1803. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
PROGRAM.
(a) Purpose.--Section 542(b)(1) of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17152(b)(1)) is amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (B), by striking the semicolon and
inserting ``; and''; and
(3) by adding at the end the following:
``(C) diversifies energy supplies, including by
facilitating and promoting the use of alternative fuels;''.
(b) Use of Funds.--Section 544(9) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17154(9)) is
amended to read as follows:
``(9) deployment of energy distribution technologies that
significantly increase energy efficiency or expand access to
alternative fuels, including--
``(A) distributed resources;
``(B) district heating and cooling systems; and
``(C) infrastructure for delivering alternative fuels;''.
(c) Competitive Grants.--Section 546(c)(2) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17156(c)(2))
is amended by inserting ``, including projects to expand the
use of alternative fuels'' before the period at the end.
(d) Funding.--Section 548(a) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17158(a)) is amended to read
as follows:
``(a) Authorization of Appropriations.--
``(1) Grants.--There is authorized to be appropriated to
the Secretary for the provision of grants under the program
$3,500,000,000 for each of fiscal years 2021 through 2025.
``(2) Administrative costs.--There is authorized to be
appropriated to the Secretary for administrative expenses of
the program $35,000,000 for each of fiscal years 2021 through
2025.''.
(e) Technical Amendments.--Section 543 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17153) is
amended--
(1) in subsection (c), by striking ``subsection (a)(2)''
and inserting ``subsection (a)(3)''; and
(2) in subsection (d), by striking ``subsection (a)(3)''
and inserting ``subsection (a)(4)''.
SEC. 1804. ENERGY EFFICIENT PUBLIC BUILDINGS.
(a) Grants.--Section 125(a) of the Energy Policy Act of
2005 (42 U.S.C. 15822(a)) is amended--
(1) in paragraph (1)--
(A) by inserting ``Standard 90.1 of the American Society of
Heating, Refrigerating, and Air-Conditioning Engineers,''
after ``the International Energy Conservation Code,''; and
(B) by striking ``; or'' and inserting a semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) through benchmarking programs to enable use of
building performance data to evaluate the performance of
energy efficiency investments over time.''.
(b) Assurance of Improvement.--Section 125 of the Energy
Policy Act of 2005 (42 U.S.C. 15822) is amended by
redesignating subsections (b) and (c) as subsections (c) and
(d), respectively, and inserting after subsection (a) the
following:
``(b) Assurance of Improvement.--
``(1) Verification.--A State agency receiving a grant for
activities described in paragraph (1) or (2) of subsection
(a) shall ensure, as a condition of eligibility for
assistance pursuant to such grant, that a unit of local
government receiving such assistance obtain third-party
verification of energy efficiency improvements in each public
building with respect to which such assistance is used.
``(2) Guidance.--The Secretary may provide guidance to
State agencies to comply with paragraph (1). In developing
such guidance, the Secretary shall consider available third-
party verification tools for high-performing buildings and
available third-party verification tools for energy
efficiency retrofits.''.
(c) Administration.--Section 125(c) of the Energy Policy
Act of 2005, as so redesignated, is amended--
(1) in the matter preceding paragraph (1), by striking
``State energy offices receiving grants'' and inserting ``A
State agency receiving a grant'';
(2) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(3) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(3) ensure that all laborers and mechanics employed by
contractors and subcontractors in the performance of
construction, alteration, or repair work financed in whole or
in part with assistance received pursuant to this section
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
(and with respect to such labor standards, the Secretary of
Labor shall have the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5
U.S.C. App.) and section 3145 of title 40, United States
Code).''.
(d) Authorization of Appropriations.--Section 125(d) of the
Energy Policy Act of 2005, as so redesignated, is amended by
striking ``$30,000,000 for each of fiscal years 2006 through
2010'' and inserting ``$100,000,000 for each of fiscal years
2021 through 2025''.
SEC. 1805. SMART BUILDINGS.
(a) Definitions.--In this section:
(1) Frontline community.--The term ``frontline community''
means a community with significant representation of
communities of color, low-income communities, or Tribal and
indigenous communities, that experiences, or is at risk of
experiencing, higher or more adverse human health or
environmental effects.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) Smart building.--The term ``smart building'' means a
building, or collection of buildings, with an energy system
that--
(A) is flexible and automated in its energy demand and
usage in response to changes associated with the environment,
occupant behaviors, building conditions, and other events;
(B) has monitoring, diagnostics, control, and communication
connectivity that enables analysis and control of energy
consumption and generation;
(C) has a systems-based approach to integrating the overall
building operations for control of energy demand, generation,
and storage;
(D) has the ability to share information with utilities or
other third-party entities, as appropriate in order to
coordinate building energy assets to support energy system
reliability and resilience;
(E) supports the health and safety of occupants; or
(F) incorporates cybersecurity protections.
(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, establish a
program to be known as the ``Federal Smart Building
Program''--
(A) to implement smart building technology; and
[[Page H4792]]
(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.
(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 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 of Energy;
(E) the Department of the Interior;
(F) the Department of Veterans Affairs; and
(G) the General Services Administration.
(5) Requirement.--In implementing the program established
under this subsection, 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 (2), 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 buildings program.--
(A) Better buildings challenge.--The Secretary shall carry
out a program to provide technical assistance for entities to
set and achieve goals to improve energy efficiency, reduce
greenhouse gas emissions and emissions of other pollutants,
and reduce embodied carbon in commercial and residential
buildings through the commercial application of relevant
tools and technologies. In carrying out this program, the
Secretary shall--
(i) identify opportunities for optimizing energy
efficiency, demand management, and increasing emissions
reductions in buildings to achieve net-zero energy or energy-
generating buildings, including through electrification;
(ii) promote the commercial application of emerging
concepts and technologies in buildings;
(iii) share best practices from successful projects; and
(iv) ensure a diversity of entities receive technical
assistance, including low-income and rural communities.
(B) Better buildings accelerator.--In carrying out the
program under subparagraph (A), the Secretary shall develop
smart building accelerators that will demonstrate innovative
policies and approaches to accelerate the transition to smart
buildings in the public, institutional, laboratory,
industrial, commercial, and residential sectors, including in
rural, low-income, and multi-family housing.
(C) Building america program.--The Secretary shall carry
out a research, development, and demonstration program on
tools, technologies, and techniques to reduce energy use and
emissions in new and existing residential buildings, in
partnership with industry entities.
(2) Research and development.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a
program of research, development, demonstration, and
commercial application to develop cost-effective tools,
technologies, and practices that reduce greenhouse gas
emissions or other pollutants from, increase the energy
efficiency of, and increase beneficial electrification of new
and existing commercial and residential buildings, including
retrofits and electrification of existing buildings, rural
housing, low-income housing, multi-family housing, and
manufactured housing.
(B) Energy equity.--The Secretary shall carry out research
to identify barriers to and strategies for expanding the use
of low-emissions and energy-efficient building technologies
and appliances in the buildings where members of frontline
communities live and work. Research topics covered under this
subparagraph may include--
(i) barriers to the use of technologies developed under
this subsection in rural, low-income, and multi-family
housing;
(ii) causes of and solutions for inequitable energy costs
in residential buildings based on race or class; and
(iii) solutions that enable energy-efficient homes while
keeping housing affordable for low-income communities.
(C) Non-technical barriers.--The Secretary shall support
research and analysis to identify non-technical barriers, and
methods to address such barriers, to enable greater use of
tools and technologies developed under this subsection in new
and existing commercial and residential buildings, including
rural housing, low-income housing, and multi-family housing.
(D) Advanced building construction, design, and
retrofits.--As part of the program established under
subparagraph (A), the Secretary shall support research and
development on technologies and methodologies to enable
advanced building design, construction techniques, and
retrofits. In supporting research and development under
subparagraph (A), the Secretary shall--
(i) include considerations of a full lifecycle analysis
during building design, manufacturing, and construction,
including environmental considerations, embodied energy and
embodied carbon in building materials, transportation of
materials, and implications for final disposal and recycling;
(ii) incorporate principles of resilient building design
and construction through the consideration of regional
differences in--
(I) climate, season, temperature, and precipitation in
consultation with the National Oceanic and Atmospheric
Administration; and
(II) fuel mix and energy production, including through the
development of vulnerability assessments and analysis of
building resilience for proposed building designs, building
sites, or existing buildings;
(iii) support research and development on the use of
various potential energy sources and distributed generation
to supply cooling, heating, and power for buildings,
including integrated and adaptive control solutions that
address traditional building energy management and emerging
technologies, such as batteries, thermal storage, and
combined heat and power, compatible with all sizes of
buildings;
(iv) support the development and integration of
technologies that enable low-emissions and energy-efficient
or advanced buildings, such as heating, ventilation, air-
conditioning, and refrigeration systems and other appliances
that are cost-competitive over the life of the product as
compared to conventional technologies and that incorporate
considerations of retrofitting and ease of installation,
using a whole-systems and whole-buildings approach;
(v) support the development and integration of cost-
effective next-generation window and building envelope
technologies that incorporate considerations of retrofitting
and ease of installation;
(vi) support development of alternative working fluids and
refrigerants for use in buildings equipment to reduce their
impact on climate change; and
(vii) research methods to enhance comfort and health of
individual occupants in buildings that also result in
improved energy efficiency and emissions reductions,
including indoor air pollution.
(E) Grid-interactive buildings.--As part of the program
established under subparagraph (A), the Secretary shall
support research and development to enable components of
commercial and residential buildings to serve as dynamic
energy loads and energy resources to enable smart building
designs. In particular, the Secretary shall focus on the
development of--
(i) advanced building energy management systems through the
integration of sensors and advanced control technologies and
systems that allow whole-building optimization and
integration with other energy systems, including
photovoltaics, electric vehicles, and energy storage
technologies such as thermal storage;
(ii) cost-effective sensors that enable monitoring of
building conditions and energy load, including, as
appropriate, reporting energy use and forecasting energy
needs;
(iii) improved analysis of data on the energy use of
devices connected to buildings, including miscellaneous
electric loads;
(iv) advanced control technologies and systems that enable
flexible operation of building components and that are
capable of coordinating and executing energy control commands
in response to signals from the electric grid;
(v) flexible building components capable of reporting and
modulating energy use in response to control commands, as
appropriate;
(vi) data analysis and communication protocols to further
systems integration, interoperability, and automation;
(vii) building energy storage capabilities to modulate peak
and off-peak energy demand;
[[Page H4793]]
(viii) distributed energy resources at the community- and
building-level through localized electric grids;
(ix) technologies to reduce energy use and emissions in
connected communities and neighborhoods located in a variety
of climates, including by enabling transactive energy
concepts; and
(x) cybersecurity practices that protect privacy and
personally identifiable information.
(F) Modeling and data analysis.--As part of the program
established under subparagraph (A), the Secretary shall
support the development of building models, including for the
design and operation of buildings, and the analysis of
relevant data to enable smart buildings. In particular, the
Secretary shall focus on the development of--
(i) advanced modeling capabilities that include modeling of
grid interactivity, resilience, and relevant behavioral,
community-scale, and urban-scale activities in order to--
(I) provide system-level analysis of new technologies,
including distributed generation and storage;
(II) evaluate system benefits such as emissions reductions,
community resilience, distribution grid reliability, and
service to underserved communities;
(III) provide data, derived from both simulation and
demonstration projects established under subparagraph (G), to
inform decision support and new business models; and
(ii) automated methods to generate models of proposed or
existing buildings;
(iii) methods to address barriers, including non-technical
barriers, to commercial application of building models for
building operation;
(iv) methods to analyze data collected by technologies in
smart buildings and collections of buildings;
(v) artificial intelligence and machine learning approaches
to building energy management; and
(vi) advanced data collection and monitoring methods for
utilities at the building level and component level.
(G) Demonstration program.--The Secretary shall establish a
competitive grant program for the demonstration of advanced
building technologies and systems developed under the program
established under subparagraph (A) that--
(i) focuses on a range of new and existing building types,
including low-income housing, rural housing and agricultural
buildings, multi-family residential buildings, manufactured
housing, and small and medium-sized commercial buildings; and
(ii) includes community-scale demonstration projects.
(H) Testing and validation.--In carrying out the program
under subparagraph (A), the Secretary shall--
(i) support testing and validation activities to improve
the commercial application of relevant tools, technologies,
and methods, including the use of testbeds to determine cost
savings and performance in realistic scenarios; and
(ii) support analysis, testing, and validation to
accurately determine energy savings, emissions reductions,
cost-savings, and other potential impacts of the highest-
performing appliances that are commercially available.
(I) Partnerships.--In carrying out the activities
authorized in this subsection, the Secretary shall work with
utilities, State and local energy offices, building owners,
technology developers, contractors, building developers, and
other relevant entities to guide the focus areas of the
activities of the program carried out under subparagraph (A)
and to encourage the commercial application of these
technologies by building owners, operators, developers,
occupants, contractors, or other relevant entities.
(J) Coordination.--In carrying out this subsection, the
Secretary shall coordinate across all relevant program
offices at the Department of Energy, including the Office of
Electricity, the Advanced Manufacturing Office, the Vehicle
Technologies Office, the Geothermal Technologies Office, and
the Office of Cybersecurity, Energy Security, and Emergency
Response.
(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 Committee on Energy and Natural Resources of the
Senate and the Committee on Energy and Commerce and the
Committee on Science, Space, and Technology of the House of
Representatives a report on--
(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.
TITLE II--RENEWABLE ENERGY
Subtitle A--Energy Storage
PART 1--CONSIDERATION OF ENERGY STORAGE SYSTEMS
SEC. 2101. CONSIDERATION OF ENERGY STORAGE SYSTEMS.
(a) In General.--Section 111(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is
amended by adding at the end the following:
``(20) Consideration of energy storage systems.--Each State
shall consider requiring that, as part of a supply side
resource planning process, an electric utility of the State
demonstrate to the State that the electric utility considered
an investment in energy storage systems based on appropriate
factors, including--
``(A) total costs and normalized life cycle costs;
``(B) cost effectiveness;
``(C) improved reliability;
``(D) security; and
``(E) system performance and efficiency.''.
(b) Time Limitations.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is
amended by adding at the end the following:
``(7)(A) Not later than 1 year after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each electric utility for which the State
regulatory authority has ratemaking authority) and each
nonregulated electric utility shall commence the
consideration referred to in section 111, or set a hearing
date for consideration, with respect to the standard
established by paragraph (20) of section 111(d).
``(B) Not later than 2 years after the date of enactment of
this paragraph, each State regulatory authority (with respect
to each electric utility for which the State regulatory
authority has ratemaking authority), and each nonregulated
electric utility, shall complete the consideration, and shall
make the determination, referred to in section 111 with
respect to the standard established by paragraph (20) of
section 111(d).''.
(c) Failure To Comply.--Section 112(c) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c))
is amended by adding at the end the following: ``In the case
of the standard established by paragraph (20) of section
111(d), the reference contained in this subsection to the
date of enactment of this Act shall be deemed to be a
reference to the date of enactment of such paragraph (20).''.
(d) Prior State Actions.--Section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended
by adding at the end the following:
``(g) Prior State Actions.--Subsections (b) and (c) of this
section shall not apply to the standard established by
paragraph (20) of section 111(d) in the case of any electric
utility in a State if, before the enactment of this
subsection--
``(1) the State has implemented for such utility the
standard concerned (or a comparable standard);
``(2) the State regulatory authority for such State or
relevant nonregulated electric utility has conducted a
proceeding to consider implementation of the standard
concerned (or a comparable standard) for such utility; or
``(3) the State legislature has voted on the implementation
of such standard (or a comparable standard) for such
utility.''.
(e) Prior and Pending Proceedings.--Section 124 of the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
2634) is amended by adding at the end the following: ``In the
case of the standard established by paragraph (20) of section
111(d), the reference contained in this section to the date
of the enactment of this Act shall be deemed to be a
reference to the date of enactment of such paragraph (20).''.
SEC. 2102. COORDINATION OF PROGRAMS.
To the maximum extent practicable, the Secretary of Energy
shall ensure that the funding and administration of the
different offices within the Grid Modernization Initiative of
the Department of Energy and other programs conducting energy
storage research are coordinated and streamlined.
PART 2--ENERGY STORAGE AND MICROGRID PROJECTS
SEC. 2121. DEFINITIONS.
(a) Definitions.--In this part:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a rural electric cooperative; or
(B) a nonprofit organization working with at least 6 rural
electric cooperatives.
(2) Energy storage.--The term ``energy storage'' means the
use of equipment or facilities relating to the electric grid
that are capable of absorbing and converting energy, as
applicable, storing the energy for a period of time, and
dispatching the energy, that--
(A) use mechanical, electrochemical, biochemical, or
thermal processes, to convert and store energy that was
generated at an earlier time for use at a later time;
(B) use mechanical, electrochemical, biochemical, or
thermal processes to convert and store energy generated from
mechanical processes that would otherwise be wasted for
delivery at a later time; or
(C) convert and store 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, as is
offered by grid-enabled water heaters.
(3) Island.--The term ``island mode'' means a mode in which
a distributed generator or energy storage device continues to
power a location in the absence of electric power from the
primary source.
(4) Microgrid.--The term ``microgrid'' means an
interconnected system of loads and distributed energy
resources, including generators and energy storage devices,
within clearly defined electrical boundaries that--
(A) acts as a single controllable entity with respect to
the electric grid; and
(B) can connect to, and disconnect from, the electric grid
to operate in both grid-connected mode and island mode.
(5) Renewable energy source.--The term ``renewable energy
source'' has the meaning given the term in section 609(a) of
the Public Utility Regulatory Policies Act of 1978 (7 U.S.C.
918c(a)).
(6) Rural electric cooperative.--The term ``rural electric
cooperative'' means an electric cooperative (as defined in
section 3 of the Federal Power Act (16 U.S.C. 796)) that
sells electric energy to persons in rural areas.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
[[Page H4794]]
SEC. 2122. ENERGY STORAGE AND MICROGRID ASSISTANCE PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a
program under which the Secretary shall--
(1) provide grants to eligible entities under subsection
(c);
(2) provide technical assistance to eligible entities under
subsection (d); and
(3) disseminate information to eligible entities on--
(A) the activities described in subsections (c)(1) and (d);
and
(B) potential and existing energy storage and microgrid
projects.
(b) Cooperative Agreement.--The Secretary may enter into a
cooperative agreement with an eligible entity to carry out
subsection (a).
(c) Grants.--
(1) In general.--The Secretary shall award grants to
eligible entities for identifying, evaluating, designing, and
demonstrating energy storage and microgrid projects that
utilize energy from renewable energy sources.
(2) Application.--To be eligible to receive a grant under
paragraph (1), an eligible entity shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(3) Use of grant.--An eligible entity that receives a grant
under paragraph (1)--
(A) shall use the grant--
(i) to conduct feasibility studies to assess the potential
for implementation or improvement of energy storage or
microgrid projects;
(ii) to analyze and implement strategies to overcome
barriers to energy storage or microgrid project
implementation, including financial, contracting, siting, and
permitting barriers;
(iii) to conduct detailed engineering of energy storage or
microgrid projects;
(iv) to perform a cost-benefit analysis with respect to an
energy storage or microgrid project;
(v) to plan for both the short- and long-term inclusion of
energy storage or microgrid projects into the future
development plans of the eligible entity; or
(vi) to purchase and install necessary equipment,
materials, and supplies for demonstration of emerging
technologies; and
(B) may use the grant to obtain technical assistance from
experts in carrying out the activities described in
subparagraph (A).
(4) Condition.--As a condition of receiving a grant under
paragraph (1), an eligible entity shall--
(A) implement a public awareness campaign, in coordination
with the Secretary, about the project implemented under the
grant in the community in which the eligible entity is
located;
(B) submit to the Secretary, and make available to the
public, a report that describes--
(i) any energy cost savings and environmental benefits
achieved under the project; and
(ii) the results of the project, including quantitative
assessments to the extent practicable, associated with each
activity described in paragraph (3)(A); and
(C) create and disseminate tools and resources that will
benefit other rural electric cooperatives, which may include
cost calculators, guidebooks, handbooks, templates, and
training courses.
(5) Cost-share.--Activities under this subsection shall be
subject to the cost-sharing requirements of section 988 of
the Energy Policy Act of 2005 (42 U.S.C. 16352).
(d) Technical Assistance.--
(1) In general.--In carrying out the program established
under subsection (a), the Secretary shall provide eligible
entities with technical assistance relating to--
(A) identifying opportunities for energy storage and
microgrid projects;
(B) understanding the technical and economic
characteristics of energy storage or microgrid projects;
(C) understanding financing alternatives;
(D) permitting and siting issues;
(E) obtaining case studies of similar and successful energy
storage or microgrid projects;
(F) reviewing and obtaining computer software for
assessment, design, and operation and maintenance of energy
storage or microgrid systems; and
(G) understanding and utilizing the reliability and
resiliency benefits of energy storage and microgrid projects.
(2) External contracts.--In carrying out paragraph (1), the
Secretary may enter into contracts with third-party experts,
including engineering, finance, and insurance experts, to
provide technical assistance to eligible entities relating to
the activities described in such paragraph, or other relevant
activities, as determined by the Secretary.
SEC. 2123. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
carry out this part $5,000,000 for each of fiscal years 2021
through 2025.
(b) Administrative Costs.--Not more than 5 percent of the
amount appropriated under subsection (a) for each fiscal year
shall be used for administrative expenses.
Subtitle B--Dam Safety
SEC. 2201. 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
10 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 a region in which there is
inadequate electric service, as determined by the
Secretary.'';
(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 2019 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 2019 through
2036''.
SEC. 2202. FERC BRIEFING ON EDENVILLE DAM AND SANFORD DAM
FAILURES.
Not later than 90 days after the date on which the Forensic
Investigation Team submits to the Federal Energy Regulatory
Commission the reports on the root causes, and any other
contributing causes, of the Edenville Dam and Sanford Dam
failures, the Federal Energy Regulatory Commission shall
conduct a briefing for, and submit a report summarizing such
briefing to, the Committee on Energy and Commerce of the
House of Representatives that includes--
(1) an explanation of the findings of the Forensic
Investigation Team reports on the root causes, and any other
contributing causes, of the Edenville Dam and Sanford Dam
failures;
(2) a determination of whether the dam safety procedures of
the Federal Energy Regulatory Commission should be revised in
light of the lessons learned from such reports;
(3) a determination of whether additional safety
inspections of dams should be required after large storms;
(4) a determination of whether the safety requirements and
testing protocols for dams adequately account for the
projected effects of climate change and atmospheric rivers on
dams; and
(5) a determination of whether additional actions should be
taken to ensure the safety of dams that operate without an
emergency spillway.
SEC. 2203. DAM SAFETY CONDITIONS.
Section 10 of the Federal Power Act (16 U.S.C. 803) is
amended by adding at the end the following:
``(k) That the dam and other project works meet the
Commission's dam safety requirements and that the licensee
shall continue to manage, operate, and maintain the dam and
other project works in a manner that ensures dam safety and
public safety under the operating conditions of the
license.''.
SEC. 2204. DAM SAFETY REQUIREMENTS.
Section 15 of the Federal Power Act (16 U.S.C. 808) is
amended by adding at the end the following:
``(g) The Commission may issue a new license under this
section only if the Commission determines that the dam and
other project works covered by the license meet the
Commission's dam safety requirements and that the licensee
can continue to manage, operate, and maintain the dam and
other project works in a manner that ensures dam safety and
public safety under the operating conditions of the new
license.''.
SEC. 2205. VIABILITY PROCEDURES.
The Federal Energy Regulatory Commission shall establish
procedures to assess the financial viability of an applicant
for a license under the Federal Power Act to meet applicable
dam safety requirements and to operate the dam and project
works under the license.
SEC. 2206. FERC DAM SAFETY TECHNICAL CONFERENCE WITH STATES.
(a) Technical Conference.--Not later than April 1, 2021,
the Federal Energy Regulatory Commission, acting through the
Office of Energy Projects, shall hold a technical conference
with the States to discuss and provide information on--
(1) dam maintenance and repair;
(2) Risk Informed Decision Making (RIDM);
(3) climate and hydrological regional changes that may
affect the structural integrity of dams; and
(4) high hazard dams.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $1,000,000 for
fiscal year 2021.
(c) State Defined.--In this section, the term ``State'' has
the meaning given such term in section 3 of the Federal Power
Act (16 U.S.C. 796).
SEC. 2207. REQUIRED DAM SAFETY COMMUNICATIONS BETWEEN FERC
AND STATES.
(a) In General.--The Commission, acting through the Office
of Energy Projects, shall notify a State within which a
project is located when--
(1) the Commission issues a finding, following a dam safety
inspection, that requires the licensee for such project to
take actions to repair the dam and other project works that
are the subject of such finding;
(2) after a period of 5 years starting on the date a
finding under paragraph (1) is issued, the licensee has
failed to take actions to repair the dam and other project
works, as required by such finding; and
(3) the Commission initiates a non-compliance proceeding or
otherwise takes steps to revoke a license issued under
section 4 of the Federal Power Act (16 U.S.C. 797) due to the
failure of a licensee to take actions to repair a dam and
other project works.
[[Page H4795]]
(b) Notice Upon Revocation, Surrender, or Implied Surrender
of a License.--If the Commission issues an order to revoke a
license or approve the surrender or implied surrender of a
license under the Federal Power Act (16 U.S.C. 792 et seq.),
the Commission shall provide to the State within which the
project that relates to such license is located--
(1) all records pertaining to the structure and operation
of the applicable dam and other project works, including, as
applicable, any dam safety inspection reports by independent
consultants, specifications for required repairs or
maintenance of such dam and other project works that have not
been completed, and estimates of the costs for such repairs
or maintenance;
(2) all records documenting the history of maintenance or
repair work for the applicable dam and other project works;
(3) information on the age of the dam and other project
works and the hazard classification of the dam and other
project works;
(4) the most recent assessment of the condition of the dam
and other project works by the Commission;
(5) as applicable, the most recent hydrologic information
used to determine the potential maximum flood for the dam and
other project works; and
(6) the results of the most recent risk assessment
completed on the dam and other project works.
(c) Definition.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Licensee.--The term ``licensee'' has the meaning given
such term in section 3 of the Federal Power Act (16 U.S.C.
796).
(3) Project.--The term ``project'' has the meaning given
such term in section 3 of the Federal Power Act (16 U.S.C.
796).
Subtitle C--Distributed Renewable Energy
SEC. 2301. DEFINITIONS.
In this subtitle:
(1) Authority having jurisdiction.--The term ``authority
having jurisdiction'' means any State, county, local, or
Tribal office or official with jurisdiction--
(A) to issue permits;
(B) to conduct inspections to enforce the requirements of a
relevant code or standard; or
(C) to approve the installation of, or the equipment and
materials used in the installation of, qualifying distributed
energy systems.
(2) Board.--The term ``Board'' means the Distributed Energy
Opportunity Board established or designated under section
2302(a).
(3) Distributed energy system installer.--The term
``distributed energy system installer'' means an entity or
individual--
(A) with knowledge and skills relating to--
(i) the construction and operation of the equipment used in
qualifying distributed energy systems; and
(ii) the installation of qualifying distributed energy
systems; and
(B) that has employed safety training to recognize and
avoid the hazards involved in constructing, operating, and
installing qualifying distributed energy systems.
(4) Qualifying distributed energy system.--The term
``qualifying distributed energy system'' means any equipment
or materials installed in, on, or near a residential,
commercial, or industrial building to support onsite or local
energy use, including--
(A) to generate electricity from distributed renewable
energy sources, including from--
(i) solar photovoltaic modules or similar solar energy
technologies;
(ii) wind power systems; and
(iii) hydrogen electrolysis and fuel cell systems;
(B) to store and discharge electricity from batteries with
a capacity of at least 2 kilowatt hours;
(C) to charge a plug-in electric drive vehicle at a power
rate of at least 2 kilowatts;
(D) to refuel a fuel cell electric vehicle; or
(E) to store and discharge electricity from fuel cell
systems with a capacity of at least 2 kilowatt hours.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 2302. ESTABLISHMENT OR DESIGNATION OF THE DISTRIBUTED
ENERGY OPPORTUNITY BOARD.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with
trade associations and other entities representing
distributed energy system installers and organizations
representing State, local, and Tribal governments engaged in
permitting, shall establish or designate a nonprofit
corporation, to be known as the ``Distributed Energy
Opportunity Board'', to carry out a program to streamline the
process for local permitting and inspection of qualifying
distributed energy systems.
(b) Composition.--The Board shall include representatives
from--
(1) relevant Federal agencies, or organizations that
represent those agencies;
(2) State, local, and Tribal governments, or organizations
that represent those governments;
(3) distributed energy generation companies;
(4) battery storage companies;
(5) associations that represent the distributed energy
generation and battery storage industry;
(6) building code agencies and organizations, including a
model energy code-setting organization;
(7) other codes and standards organizations; and
(8) fuel cell system companies.
(c) Purpose and Activities of the Board.--
(1) Purpose.--The purpose of the Board is to establish a
voluntary program for facilitating--
(A) streamlined permitting processes of qualifying
distributed energy systems; and
(B) certification of distributed energy system installers.
(2) Activities.--The Board shall--
(A) develop and maintain a streamlined permitting process,
such as a national online permitting system and technology
platform for expediting, standardizing, and streamlining
permitting, that authorities having jurisdiction may use, at
the discretion of those authorities, to receive, review, and
approve permit applications relating to qualifying
distributed energy systems;
(B) establish a model expedited permit-to-build protocol
for qualifying distributed energy systems;
(C) provide technical assistance to authorities having
jurisdiction on using and adopting--
(i) the streamlined permitting process described in
subparagraph (A); and
(ii) the model expedited permit-to-build protocol described
in subparagraph (B);
(D)(i) investigate the development of voluntary national
certifications for distributed energy system installers and
qualifying distributed energy systems; and
(ii) if the Board determines that the national
certifications would expedite and streamline the permitting
and inspection process, develop the voluntary national
certifications;
(E) develop and maintain a voluntary national inspection
protocol integrated with the national online permitting
system described in subparagraphs (A) and (B) and related
tools to expedite, standardize, and streamline the inspection
of qualifying distributed energy systems, including--
(i) by investigating the potential for using remote
inspections; and
(ii) by investigating the potential for sample-based
inspection for distributed energy system installers with a
demonstrated track record of high-quality work; and
(F) take any other action to expedite, standardize,
streamline, or improve the process for permitting,
inspecting, or interconnecting qualifying distributed energy
systems.
(d) Fee Authority.--The Board may assess fees for the
provision of services by the Board in amounts determined
reasonable and appropriate by the Board, including fees from
participating distributed energy system installers relating
to the activities of the Board described in subsection
(c)(2).
(e) Support Services.--The Secretary shall--
(1) provide technical assistance to the Board in carrying
out the activities described in subsection (c)(2); and
(2) provide such financial assistance to the Board as the
Secretary determines to be appropriate from any funds
appropriated to carry out this subtitle.
SEC. 2303. DISTRIBUTED ENERGY OPPORTUNITY COMMUNITIES.
(a) In General.--The Secretary shall recognize and certify
certain communities as ``Distributed Energy Opportunity
Communities''.
(b) Qualifications.--The Secretary may certify a State,
local community, or Tribe as a ``Distributed Energy
Opportunity Community'' if that State, local community, or
Tribe has adopted and implemented the model expedited permit-
to-build protocol established by the Board.
(c) Process.--The Secretary may confer a certification
under subsection (a) through existing programs of the
Department of Energy.
(d) Grants.--The Secretary may award competitive grants,
using funds appropriated to the Secretary to carry out this
subtitle, to encourage communities to adopt the model
expedited permit-to-build protocol and standardized
inspection processes established by the Board.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to
carry out this subtitle $20,000,000 for each of fiscal years
2021 through 2025.
Subtitle D--Low-income Solar
SEC. 2401. GRANT PROGRAM FOR SOLAR INSTALLATIONS LOCATED IN,
OR THAT SERVE, LOW-INCOME AND UNDERSERVED
AREAS.
(a) Definitions.--In this section:
(1) Beneficiary.--The term ``beneficiary'' means a low-
income household or a low-income household in an underserved
area.
(2) Community solar facility.--The term ``community solar
facility'' means a solar generating facility that--
(A) through a voluntary program, has multiple subscribers
that receive financial benefits that are directly
attributable to the facility;
(B) has a nameplate rating of 5 megawatts AC or less; and
(C) is located in the utility distribution service
territory of subscribers.
(3) Community solar subscription.--The term ``community
solar subscription'' means a share in the capacity, or a
proportional interest in the electricity generation, of a
community solar facility.
(4) Covered facility.--The term ``covered facility''
means--
(A) a community solar facility--
(i) that is located in an underserved area; or
(ii) at least 50 percent of the capacity of which is
reserved for low-income households;
(B) a solar generating facility located at a residence of a
low-income household; or
(C) a solar generating facility located at a multi-family
affordable housing complex.
(5) Covered state.--The term ``covered State'' means a
State with processes in place to ensure that covered
facilities deliver financial benefits to low-income
households.
(6) Eligible entity.--The term ``eligible entity'' means--
(A) a nonprofit organization that provides services to low-
income households or multi-family affordable housing
complexes;
(B) a developer, owner, or operator of a community solar
facility that reserves a portion of
[[Page H4796]]
the capacity of the facility for subscribers who are members
of low-income households or for low-income households that
otherwise financially benefit from the facility;
(C) a covered State, or political subdivision thereof;
(D) an Indian Tribe or a tribally owned electric utility;
(E) a Native Hawaiian community-based organization;
(F) any other national or regional entity that has
experience developing or installing solar generating
facilities for low-income households that maximize financial
benefits to those households; and
(G) an electric cooperative or municipal electric utility
(as such terms are defined in section 3 of the Federal Power
Act).
(7) Eligible installation project.--The term ``eligible
installation project'' means a project to install a covered
facility in a covered State.
(8) Eligible planning project.--The term ``eligible
planning project'' means a project to carry out pre-
installation activities for the development of a covered
facility in a covered State.
(9) Eligible project.--The term ``eligible project''
means--
(A) an eligible planning project; or
(B) an eligible installation project.
(10) Feasibility study.--The term ``feasibility study''
means any activity to determine the feasibility of a specific
solar generating facility, including a customer interest
assessment and a siting assessment, as determined by the
Secretary.
(11) Indian tribe.--The term ``Indian Tribe'' means any
Indian Tribe, band, nation, or other organized group or
community, including any Alaska Native village, Regional
Corporation, or Village Corporation (as defined in, or
established pursuant to, the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible
for the special programs and services provided by the United
States to Indians because of their status as Indians.
(12) Interconnection service.--The term ``interconnection
service'' has the meaning given such term in section
111(d)(15) of the Public Utility Regulatory Policies Act of
1978 (16 U.S.C. 2621(d)(15)).
(13) Low-income household.--The term ``low-income
household'' means that income in relation to family size
which--
(A) is at or below 200 percent of the poverty level
determined in accordance with criteria established by the
Director of the Office of Management and Budget, except that
the Secretary may establish a higher level if the Secretary
determines that such a higher level is necessary to carry out
the purposes of this section;
(B) is the basis on which cash assistance payments have
been paid during the preceding 12-month period under titles
IV and XVI of the Social Security Act (42 U.S.C. 601 et seq.,
1381 et seq.) or applicable State or local law; or
(C) if a State elects, is the basis for eligibility for
assistance under the Low-Income Home Energy Assistance Act of
1981 (42 U.S.C. 8621 et seq.), provided that such basis is at
least 200 percent of the poverty level determined in
accordance with criteria established by the Director of the
Office of Management and Budget.
(14) Multi-family affordable housing complex.--The term
``multi-family affordable housing complex'' means any
federally subsidized affordable housing complex in which at
least 50 percent of the units are reserved for low-income
households.
(15) Native hawaiian community-based organization.--The
term ``Native Hawaiian community-based organization'' means
any organization that is composed primarily of Native
Hawaiians from a specific community and that assists in the
social, cultural, and educational development of Native
Hawaiians in that community.
(16) Program.--The term ``program'' means the program
established under subsection (b).
(17) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(18) Solar generating facility.--The term ``solar
generating facility'' means--
(A) a generator that creates electricity from light
photons; and
(B) the accompanying hardware enabling that electricity to
flow--
(i) onto the electric grid;
(ii) into a facility or structure; or
(iii) into an energy storage device.
(19) State.--The term ``State'' means each of the 50
States, the District of Columbia, Guam, the Commonwealth of
Puerto Rico, the Northern Mariana Islands, the Virgin
Islands, and American Samoa.
(20) Subscriber.--The term ``subscriber'' means a person
who--
(A) owns a community solar subscription, or an equivalent
unit or share of the capacity or generation of a community
solar facility; or
(B) financially benefits from a community solar facility,
even if the person does not own a community solar
subscription for the facility.
(21) Underserved area.--The term ``underserved area''
means--
(A) a geographical area with low or no photovoltaic solar
deployment, as determined by the Secretary;
(B) a geographical area that has low or no access to
electricity, as determined by the Secretary;
(C) a geographical area with an average annual residential
retail electricity price that exceeds the national average
annual residential retail electricity price (as reported by
the Energy Information Agency) by 50 percent or more; or
(D) trust land, as defined in section 3765 of title 38,
United States Code.
(b) Establishment.--The Secretary shall establish a program
to provide financial assistance to eligible entities to--
(1) carry out planning projects that are necessary to
establish the feasibility, obtain required permits, identify
beneficiaries, or secure subscribers to install a covered
facility; or
(2) install a covered facility for beneficiaries in
accordance with this section.
(c) Applications.--
(1) In general.--To be eligible to receive assistance under
the program, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
(2) Inclusion for installation assistance.--
(A) Requirements.--For an eligible entity to receive
assistance for a project to install a covered facility, the
Secretary shall require the eligible entity to include--
(i) information in the application that is sufficient to
demonstrate that the eligible entity has obtained, or has the
capacity to obtain, necessary permits, subscribers, access to
an installation site, and any other items or agreements
necessary to comply with an agreement under subsection (g)(1)
and to complete the installation of the applicable covered
facility;
(ii) a description of the mechanism through which financial
benefits will be distributed to beneficiaries or subscribers;
and
(iii) an estimate of the anticipated financial benefit for
beneficiaries or subscribers.
(B) Consideration of planning projects.--The Secretary
shall consider the successful completion of an eligible
planning project pursuant to subsection (b)(1) by the
eligible entity to be sufficient to demonstrate the ability
of the eligible entity to meet the requirements of
subparagraph (A)(i).
(d) Selection.--
(1) In general.--In selecting eligible projects to receive
assistance under the program, the Secretary shall--
(A) prioritize--
(i) eligible installation projects that will result in the
most financial benefit for subscribers, as determined by the
Secretary;
(ii) eligible installation projects that will result in
development of covered facilities in underserved areas; and
(iii) eligible projects that include apprenticeship, job
training, or community participation as part of their
application; and
(B) ensure that such assistance is provided in a manner
that results in eligible projects being carried out on a
geographically diverse basis within and among covered States.
(2) Determination of financial benefit.--In determining the
amount of financial benefit for low-income households of an
eligible installation project, the Secretary shall ensure
that all calculations for estimated household energy savings
are based solely on electricity offsets from the applicable
covered facility and use formulas established by the State or
local government with jurisdiction over the applicable
covered facility for verifiable household energy savings
estimates that accrue to low-income households.
(e) Assistance.--
(1) Form.--The Secretary may provide assistance under the
program in the form of a grant (which may be in the form of a
rebate) or a low-interest loan.
(2) Multiple projects for same facility.--
(A) In general.--An eligible entity may apply for
assistance under the program for an eligible planning project
and an eligible installation project for the same covered
facility.
(B) Separate selections.--Selection by the Secretary for
assistance under the program of an eligible planning project
does not require the Secretary to select for assistance under
the program an eligible installation project for the same
covered facility.
(f) Use of Assistance.--
(1) Eligible planning projects.--An eligible entity
receiving assistance for an eligible planning project under
the program may use such assistance to pay the costs of pre-
installation activities associated with an applicable covered
facility, including--
(A) feasibility studies;
(B) permitting;
(C) site assessment;
(D) on-site job training, or other community-based
activities directly associated with the eligible planning
project; or
(E) such other costs determined by the Secretary to be
appropriate.
(2) Eligible installation projects.--An eligible entity
receiving assistance for an eligible installation project
under the program may use such assistance to pay the costs
of--
(A) installation of a covered facility, including costs
associated with materials, permitting, labor, or site
preparation;
(B) storage technology sited at a covered facility;
(C) interconnection service expenses;
(D) on-site job training, or other community-based
activities directly associated with the eligible installation
project;
(E) offsetting the cost of a subscription for a covered
facility described in subparagraph (A) of subsection (a)(4)
for subscribers that are members of a low income household;
or
(F) such other costs determined by the Secretary to be
appropriate.
(g) Administration.--
(1) Agreements.--
(A) In general.--As a condition of receiving assistance
under the program, an eligible entity shall enter into an
agreement with the Secretary.
(B) Requirements.--An agreement entered into under this
paragraph--
(i) shall require the eligible entity to maintain such
records and adopt such administrative practices as the
Secretary may require to ensure compliance with the
requirements of this section and the agreement;
(ii) with respect to an eligible installation project shall
require that any solar generating facility installed using
assistance provided pursuant to the agreement comply with
local building and safety codes and standards; and
[[Page H4797]]
(iii) shall contain such other terms as the Secretary may
require to ensure compliance with the requirements of this
section.
(C) Term.--An agreement under this paragraph shall be for a
term that begins on the date on which the agreement is
entered into and ends on the date that is 2 years after the
date on which the eligible entity receives assistance
pursuant to the agreement, which term may be extended once
for a period of not more than 1 year if the eligible entity
demonstrates to the satisfaction of the Secretary that such
an extension is necessary to complete the activities required
by the agreement.
(2) Use of funds.--Of the funds made available to provide
assistance to eligible installation projects under this
section over the period of fiscal years 2021 through 2025,
the Secretary shall use--
(A) not less than 50 percent to provide assistance for
eligible installation projects with respect to which low-
income households make up at least 50 percent of the
subscribers to the project; and
(B) not more than 50 percent to provide assistance for
eligible installation projects with respect to which low-
income households make up at least 25 percent of the
subscribers to the project.
(3) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register regulations to carry out this section, which
shall take effect on the date of publication.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary to carry out this section $200,000,000 for each
of fiscal years 2021 through 2025, to remain available until
expended.
(2) Amounts for planning projects.--Of the amounts
appropriated pursuant to this section over the period of
fiscal years 2021 through 2025, the Secretary shall use not
more than 15 percent of funds to provide assistance to
eligible planning projects.
(i) Relationship to Other Assistance.--The Secretary shall,
to the extent practicable, encourage eligible entities that
receive assistance under this section to leverage such funds
by seeking additional funding through federally or locally
subsidized weatherization and energy efficiency programs.
Subtitle E--Research and Development
PART 1--SOLAR ENERGY RESEARCH AND DEVELOPMENT
SEC. 2501. DEFINITIONS.
In this part:
(1) The term ``eligible entity'' means any of the following
entities:
(A) An institution of higher education.
(B) A National Laboratory.
(C) A Federal research agency.
(D) A State research agency.
(E) A nonprofit research organization.
(F) An industrial entity or a multi-institutional
consortium thereof.
(2) The term ``institution of higher education'' has the
meaning given such term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
(3) The term ``National Laboratory'' has the meaning given
such term in section 2(3) of the Energy Policy Act of 2005
(42 U.S.C. 15801(3)).
(4) The term ``photovoltaic device'' includes photovoltaic
cells and the electronic and electrical components of such
devices.
(5) The term ``Secretary'' means the Secretary of Energy.
SEC. 2502. SOLAR ENERGY RESEARCH AND DEVELOPMENT.
(a) In General.--The Secretary shall carry out a solar
energy program to conduct research, development,
demonstration, and commercial application of solar energy
technologies. In carrying out such program, the Secretary
shall, in accordance with subsection (b), award grants and
enter into contracts and cooperative agreements under this
section, and sections 2503, 2504, and 2505 for each of the
following purposes:
(1) To improve the energy efficiency, siting, reliability,
resilience, security, capacity, and environmental performance
of solar energy generation.
(2) To optimize the design and adaptability of solar energy
systems to the broadest practical range of geographic and
atmospheric conditions.
(3) To reduce the cost of manufacturing, installation,
operation, maintenance, and decommissioning of solar energy
systems.
(4) To create and improve conversion of solar energy to
useful forms.
(b) Grants, Contracts, and Cooperative Agreements.--
(1) Grants.--In carrying out the program established under
subsection (a), the Secretary shall award grants on a
competitive, merit-reviewed 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 established under subsection (a), 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) Application.--An entity seeking a grant or a contract
or agreement under this part shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(c) Solar Energy Research Subject Areas.--The program
established under subsection (a) shall focus on the research,
development, demonstration, and commercial application of
each of the following subject areas:
(1) Photovoltaic devices and related electronic components,
including converters, sensors, energy monitors, communication
and control equipment, and protocols.
(2) Concentrated solar power, including solar thermal and
concentrating solar photovoltaic technologies.
(3) Low cost, high-quality solar energy systems.
(4) Low cost, thin-film solar technologies, including the
use of perovskite and cadmium telluride materials in solar
cells.
(5) Solar heating and cooling systems, including
distributed solar-powered air conditioning.
(6) Solar technology products that can be easily integrated
into new buildings, existing buildings, agricultural and
aquatic environments, and other infrastructure.
(7) Solar technology that is resilient to extreme weather
events.
(8) Solar technology products integrated into
transportation applications in coordination with vehicle
technologies research and development activities supported by
the Department of Energy.
(9) Storage technologies to address the transience and
intermittency of solar energy resources, including batteries,
supercapacitors, and thermal storage.
(10) Microgrids using solar technology.
(11) Solar technologies enabling safe grid operating
conditions, such as fast-disconnect during an emergency.
(12) Distributed solar energy technologies, such as rooftop
solar panels.
(13) Technologies and designs that enable a broad range of
scales for solar power production.
(14) Advanced solar manufacturing technologies and best
practices, including--
(A) materials and processes;
(B) development of industry standards;
(C) design and integration practices; and
(D) optimized packaging methods and new device designs.
(15) Advanced analytic and computing capabilities for
better modeling and simulations of solar energy systems.
(16) Electrical grid integration, including--
(A) integration of solar technologies into smart grid,
transmission, and distribution;
(B) coordination of solar with other distributed and large-
scale energy resources;
(C) electrical power smoothing;
(D) microgrid integration;
(E) community solar;
(F) solar resource forecasting;
(G) regional and national electric system balancing and
long distance transmission options, including direct current
and superconducting transmission and long-term storage
options;
(H) ways to address system operations over minutes, hours,
days, weeks, and seasons with respect to the full range of
project scales; and
(I) electric grid security, including cyber and physical
security.
(17) Non-hardware and information-based advances in solar
energy system siting, design, installation, operation,
maintenance, and decommissioning.
(18) Solar energy technology as a part of strategies
commonly referred to as ``behind-the-meter strategies'',
including with respect to electricity generation, load,
energy efficiency, controls, storage, and electric vehicles.
(19) Methods to reduce the total volume of water used in
the manufacture, construction, operation, and maintenance of
solar energy technologies.
(20) Siting of solar energy on previously disturbed lands,
including landfills, former mines, and other areas requiring
environmental management.
(21) Other subject areas determined by the Secretary.
(d) Technical Assistance and Workforce Development.--In
carrying out the program established under subsection (a),
the Secretary shall also conduct, for purposes of supporting
technical, non-hardware, and information-based advances in
solar energy systems development and operations, including
activities expanding access to solar energy for low-income
and disadvantaged individuals and communities--
(1) technical assistance and analysis activities with
eligible entities; and
(2) workforce development and training activities,
including--
(A) activities that support the dissemination of standards
and best practices for enabling solar power production; and
(B) through the use of proven techniques to expand the
number of individuals from underrepresented groups pursuing
and attaining skills relevant to solar energy.
(e) Program Targets.--The program established under
subsection (a) shall 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.
(f) Sustainable Chemistry.--Each entity receiving a grant,
contract, or cooperative agreement under this section shall
endeavor, in carrying out activities under such grant,
contract, or cooperative agreement, to incorporate, where
appropriate, sustainable and green chemistry and engineering
principles, practices, and methodologies.
(g) Wildlife Impact Mitigation.--In carrying out the
program established under subsection (a), the Secretary shall
support wildlife impact mitigation technologies and
strategies, including the use of distributed solar
technologies, to avoid, minimize, and offset the potential
negative impacts of solar energy systems on wildlife,
including bird species, habitat, and local flora and fauna.
(h) Stewardship of National Laboratory Resources.--In
awarding grants and entering into contracts and cooperative
agreements under this part, the Secretary shall steward
relevant capabilities and programs of the National
Laboratories.
(i) Conforming Repeals.--The following provisions of law
are hereby repealed:
[[Page H4798]]
(1) The Solar Energy Research, Development, and
Demonstration Act of 1974 (42 U.S.C. 5551 et seq.), except
for section 10.
(2) The Solar Photovoltaic Energy Research, Development,
and Demonstration Act of 1978 (42 U.S.C. 5581 et seq.).
(3) Paragraphs (2) and (3) of section 4(a) of the Renewable
Energy and Energy Efficiency Technology Competitiveness Act
of 1989 (42 U.S.C. 12003(a)).
(4) Subparagraph (A) of section 931(a)(2) of the Energy
Policy Act of 2005 (42 U.S.C. 16231(a)(2)).
(5) Sections 606 and 607 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17174 and 17175).
(j) Conforming Amendment.--The table of contents in section
1 of the Energy Independence and Security Act of 2007 is
amended by striking the items relating to section 606 and
607.
SEC. 2503. SOLAR ENERGY DEMONSTRATION PROJECTS.
(a) In General.--In carrying out the program established
under section 2502(a), the Secretary shall award grants on a
competitive, merit-reviewed basis to eligible entities for
demonstration projects to advance the development of solar
energy technologies and systems production.
(b) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to projects that--
(1) are located in geographically diverse regions of the
United States;
(2) can be replicated in a variety of regions and climates;
(3) demonstrate technologies that address intermittency,
variability, storage challenges, behind-the-meter operations,
and independent operational capability;
(4) coordinate solar technologies with other distributed
and large-scale energy resources;
(5) facilitate identification of optimum approaches among
competing solar energy technologies;
(6) include business commercialization plans that have the
potential for production of solar energy equipment at high
volumes;
(7) support the development of advanced manufacturing
technologies that have the potential to improve United States
competitiveness in the international solar energy
manufacturing sector;
(8) provide the greatest potential to reduce energy costs,
as well as promote accessibility and community implementation
of demonstrated technologies, for consumers;
(9) increase disclosure and transparency of information to
all market participants to help in making optimal decisions;
(10) promote overall electric infrastructure reliability,
security, and resilience should grid functions be disrupted
or damaged;
(11) promote solar energy in low-income communities and
those disproportionately burdened by environmental pollution;
and
(12) satisfy any other criteria that the Secretary
determines appropriate.
(c) Use of Funds.--Grants under this section may be used,
to the extent that funding is not otherwise available through
other Federal programs or power purchase agreements, for--
(1) any necessary site engineering study;
(2) an economic assessment of site-specific conditions;
(3) appropriate feasibility studies to determine whether
the demonstration can be replicated;
(4) installation of equipment, service, and support;
(5) operation for at least the minimum amount of time
required to fully assess the project's results and
objectives, as determined by a peer-reviewed process; and
(6) validation of technical, economic, and environmental
assumptions and documentation of lessons learned.
(d) Solicitation.--Not later than 90 days after the date of
enactment of this Act and biennially thereafter, the
Secretary shall conduct a national solicitation for
applications for grants under this section.
SEC. 2504. NEXT GENERATION SOLAR ENERGY MANUFACTURING
INITIATIVE.
(a) In General.--In carrying out the program established
under section 2502(a), the Secretary shall conduct research,
development, demonstration, and commercial application
projects, in accordance with section 2502(b), to advance new
solar energy manufacturing technologies and techniques,
including those that manufacture solar cells, hardware, and
enabling devices.
(b) Strategic Vision Report.--
(1) In general.--Not later than September 1, 2021, the
Secretary shall submit to the Committee on Science, Space,
and Technology of the House of Representatives, the Committee
on Energy and Natural Resources of the Senate, and any other
committees of Congress deemed appropriate by the Secretary a
report on the results of a study that examines the viable
market opportunities available for solar energy technology
manufacturing in the United States, including solar cells,
hardware, and enabling technologies.
(2) Report requirements.--The report under paragraph (1)
shall include--
(A) a description of--
(i) the ability to competitively manufacture solar
technology in the United States, including the manufacture
of--
(I) new and advanced materials, such as cells made with
new, cost-effective, high efficiency materials;
(II) solar module equipment and enabling technologies,
including smart inverters, sensors, and tracking equipment;
(III) innovative solar module designs and applications,
including those that can directly integrate with new and
existing buildings and other infrastructure; and
(IV) other research areas as determined by the Secretary;
and
(ii) opportunities and barriers within the United States
and international solar energy technology supply chains;
(B) policy recommendations for enhancing solar energy
technology manufacturing in the United States; and
(C) an aggressive 10-year target and plan, beginning in
2022, to enhance the competitiveness of solar energy
technology manufacturing in the United States.
(c) Program Implementation.--In carrying out the research,
development, demonstration, and commercial application
activities under this section, to the extent practicable, the
Secretary shall follow the recommendations included in the
report under subsection (b) and award grants and enter into
contracts and cooperative agreements for solar energy
manufacturing projects that--
(1) reduce capital expenditures or provide lower-cost
manufacturing options;
(2) eliminate manufacturing process steps;
(3) reduce energy, water, and material inputs;
(4) establish alternative supply chains for materials and
components; and
(5) take advantage of rapid prototyping, small batch
manufacturing, and roll-to-roll processing.
(d) Program Evaluation.--Beginning not later than 3 years
after the completion of the report under subsection (b), and
every 4 years thereafter, the Secretary shall provide, and
make available to the public and the relevant authorizing and
appropriations committees of Congress, an independent review
of the program authorized under this section to evaluate its
progress toward meeting the policy recommendations and
targets determined in the report.
SEC. 2505. PHOTOVOLTAIC DEVICE RECYCLING RESEARCH AND
DEVELOPMENT.
(a) In General.--In carrying out the program established
under section 2502(a), the Secretary shall conduct research,
development, demonstration, and commercial application
projects, in accordance with section 2502(b), to advance
innovative and practical approaches to increase reuse and
recycling of photovoltaic devices.
(b) Purpose.--The Secretary shall award grants and enter
into contracts and cooperative agreements under subsection
(a) for projects that address--
(1) technology to increase the efficiency of photovoltaic
device recycling and maximize the recovery of valuable raw
materials for use in new products while minimizing the life-
cycle environmental impacts such as greenhouse gas emissions
and water usage;
(2) expanded uses for materials from recycled photovoltaic
devices;
(3) development and demonstration of environmentally
responsible alternatives to the use of hazardous materials in
photovoltaic devices and the production of such devices;
(4) development of methods to separate and remove hazardous
materials from photovoltaic devices and to recycle or dispose
of those materials in a safe and low-cost manner;
(5) product design and construction to facilitate
disassembly and recycling of photovoltaic devices;
(6) tools and methods to aid in assessing the environmental
impacts of the production of photovoltaic devices and
photovoltaic device recycling and disposal;
(7) product design and construction and other tools and
techniques to extend the life cycle of photovoltaic devices,
including methods to promote their safe reuse; and
(8) strategies to increase consumer acceptance and practice
of recycling of photovoltaic devices.
(c) Applications.--An eligible entity seeking a grant,
contract, or cooperative agreement under this section shall
submit to the Secretary an application that includes a
description of--
(1) the project that will be undertaken and the
contributions of each participating entity; and
(2) the applicability of the project to increasing reuse
and recycling of photovoltaic devices with the least
environmental impacts as measured by life-cycle analyses, and
the potential for incorporating the research results into
industry practice.
(d) Dissemination of Results.--The Secretary shall publish
the results of projects supported under this section
through--
(1) development of best practices or training materials for
use in the photovoltaics manufacturing, design, installation,
refurbishing, disposal, or recycling industries;
(2) dissemination at industry conferences;
(3) coordination with information dissemination programs
relating to recycling of electronic devices in general;
(4) demonstration projects; and
(5) educational materials for the public produced in
conjunction with State, Tribal, and local governments or
nonprofit organizations on the problems and solutions related
to reuse and recycling of photovoltaic devices.
(e) Photovoltaic Materials Physical Property Database.--
(1) In general.--Not later than September 1, 2022, the
Secretary shall establish a comprehensive physical property
database of materials for use in photovoltaic devices. Such
database shall include--
(A) identification of materials used in photovoltaic
devices;
(B) a list of commercially available amounts of these
materials and their country of origin;
(C) amounts of these materials projected to be available
through mining or recycling of photovoltaic and other
electronic devices; and
(D) a list of other significant uses for each of these
materials.
(2) Priorities.--Not later than September 1, 2021, the
Secretary, working with private industry, shall develop a
plan to establish priorities and requirements for the
database under this subsection, including the protection of
proprietary information, trade secrets, and other
confidential business information.
[[Page H4799]]
(3) Coordination.--The Secretary shall coordinate with the
Director of the National Institute of Standards and
Technology, the Administrator of the Environmental Protection
Agency, and the Administrator of the Department of Interior
to facilitate the incorporation of the database under this
subsection with any existing database for materials involved
in electronic manufacturing and recycling.
SEC. 2506. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to
carry out this part--
(1) $294,000,000 for fiscal year 2021;
(2) $308,700,000 for fiscal year 2022;
(3) $324,135,000 for fiscal year 2023;
(4) $340,341,750 for fiscal year 2024; and
(5) $357,358,838 for fiscal year 2025.
PART 2--WIND ENERGY RESEARCH AND DEVELOPMENT
SEC. 2521. DEFINITIONS.
In this section:
(1) The term ``eligible entity'' means any of the following
entities:
(A) An institution of higher education.
(B) A National Laboratory.
(C) A Federal research agency.
(D) A State research agency.
(E) A nonprofit research organization.
(F) An industrial entity or a multi-institutional
consortium thereof.
(2) The term ``institution of higher education'' has the
meaning given such term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
(3) The term ``National Laboratory'' has the meaning given
such term in section 2(3) of the Energy Policy Act of 2005
(42 U.S.C. 15801(3)).
(4) The term ``supersized turbine'' means a 12 megawatt or
greater wind turbine, typically with a tower height greater
than 140 meters and blades greater than 75 meters.
SEC. 2522. WIND ENERGY RESEARCH AND DEVELOPMENT.
(a) In General.--The Secretary of Energy (in this part,
referred to as the ``Secretary'') shall carry out a program
to conduct research, development, demonstration, and
commercial application of wind energy technologies. In
carrying out such program and in accordance with subsection
(b), the Secretary shall award grants and enter into
contracts and cooperative agreements under this section and
sections 2523, 2524, and 2525 for each of the following
purposes:
(1) To improve the energy efficiency, reliability,
resilience, security, and capacity of wind energy generation.
(2) To optimize the design and control of wind energy
systems for the broadest practical range of geographic and
atmospheric conditions.
(3) To reduce the cost and risk of siting, permitting,
construction, operation, maintenance, and decommissioning of
wind energy systems, including strategies and technologies to
reduce environmental and community impacts, improve grid
integration, and reduce regulatory barriers.
(4) To improve materials, engineering, and manufacturing
processes for turbines, including supersized turbines.
(5) To optimize wind plant performance and integration
within hybrid energy systems to enhance cost efficiency and
electric grid stability and resilience.
(b) Grants, Contracts, and Cooperative Agreements.--
(1) Grants.--In carrying out the program, the Secretary
shall award grants on a competitive, merit-reviewed 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) 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.
(c) Wind Energy Research Subject Areas.--The program
established under subsection (a) shall focus on the research,
development, demonstration, and commercial application of
each of the following subject areas:
(1) Wind power plant siting, performance, and operations
including--
(A) wind flows and turbine-to-turbine interactions;
(B) energy conversion potential;
(C) turbine and wind plant control paradigms;
(D) turbine and wind plant security;
(E) turbine components;
(F) integrated hybrid plant systems;
(G) wind energy siting and its effects on wildlife and
habitat; and
(H) siting of wind energy on previously disturbed lands,
including landfills, former mines, and other areas requiring
environmental management.
(2) New materials and designs related to blades, rotors,
towers and drivetrains including--
(A) higher tip speed rotor designs;
(B) low noise rotor designs;
(C) advanced drivetrain and generator concepts;
(D) modular construction and onsite or near-site
manufacturing and assembly techniques;
(E) sustainable and recyclable materials and manufacturing
systems;
(F) supersized turbine design and installation approaches;
and
(G) lightweight materials.
(3) Offshore wind-specific projects including--
(A) fixed and floating substructure concepts, including
technologies and strategies to minimize potential acoustic
disturbances to marine species;
(B) projects to assess and mitigate the impacts of
hurricane wind flow, freshwater ice, and other United States-
specific conditions;
(C) innovative operations and maintenance strategies;
(D) analysis of offshore meteorological, geological,
biological, and oceanographic data collection;
(E) offshore infrastructure monitoring; and
(F) analysis of corrosion and fatigue for the purpose of
extending the design life of offshore wind turbine
substructures.
(4) Recycling and reuse of wind energy components.
(5) Wind power forecasting and atmospheric measurement
systems, including for turbines and plant systems of varying
height.
(6) Distributed wind-specific projects, including--
(A) cost-effective turbine designs, components, and
manufacturing; and
(B) microgrid applications.
(7) Advanced transportation mechanisms for wind turbine
components.
(8) Transformational technologies for harnessing wind
energy, including airborne wind energy concepts.
(9) Methods to extend the operational lifetime of onshore
and offshore wind turbines and systems.
(10) Storage technologies to address the transience and
intermittency of wind energy resources.
(11) Other research areas as determined by the Secretary.
(d) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on the potential for, and
technical viability of, airborne wind energy systems to
provide a significant source of energy in the United States.
(2) Contents.--The report under paragraph (1) shall include
a summary of research, development, demonstration, and
commercial application needs, including an estimate of
Federal funding requirements, to further examine and validate
the technical and economic viability of airborne wind energy
concepts over the 10-year period beginning on the date of the
enactment of this Act.
(e) Coordination.--To the maximum extent practicable, the
Secretary shall coordinate activities under the program
established under subsection (a) with other relevant programs
and capabilities of the Department of Energy and other
Federal research programs.
(f) Conforming Repeals.--
(1) Section 931(a)(2) of the Energy Policy Act of 2005 (42
U.S.C. 16231(a)(2)) is amended by striking subparagraph (B)
and redesignating subparagraphs (C) through (E) as
subparagraphs (A) through (C).
(2) Section 4(a) of the Renewable Energy and Energy
Efficiency Technology Competitiveness Act of 1989 (42 U.S.C.
12003(a)) is amended by striking paragraph (1).
SEC. 2523. WIND ENERGY DEMONSTRATION AND VALIDATION PROJECTS.
(a) In General.--In carrying out the program established
under section 2522(a), the Secretary shall award grants on a
competitive, merit-reviewed basis to eligible entities to
support activities that demonstrate and validate new wind
energy technologies with the potential to be cost-competitive
for land-based, offshore, and distributed applications.
(b) Application.--An eligible entity seeking a grant under
this section shall submit an application in such form and
manner as the Secretary may prescribe and that contains--
(1) a certification that any demonstration or validation
project carried out using grant funds are--
(A) conducted in collaboration with industry and, as
appropriate, with institutions of higher education and other
Federal research programs; and
(B) of sufficient size and geographic diversity to measure
wind energy system performance under the full productive
range of wind conditions in the United States; and
(2) such other information as the Secretary may require.
(c) Facility for Hybrid Energy System Research and
Demonstration Projects.--In carrying out the program
established under subsection (a), the Secretary shall support
a facility to conduct research, development, demonstration,
and commercial application projects for wind turbines and
plants in hybrid energy systems that incorporate diverse
generation sources, loads, and storage technologies.
(d) Offshore Research Facility.--In carrying out the
program established under subsection (a), the Secretary shall
establish a facility to conduct research, development,
demonstration, and commercial application projects for ocean
and atmospheric resource characterization relevant to
offshore wind energy development in coordination with the
ocean and atmospheric science communities. The facility shall
be an offshore area used to evaluate, test, and advance
atmospheric, oceanic, biologic, and geologic monitoring
technologies that improve offshore wind energy development,
including the generation of benchmark data sets for testing
offshore wind energy technologies and informing how such
technologies can be financed, insured, and regulated.
(e) Offshore Support Structure Testing Facility.--In
carrying out the program established under subsection (a),
the Secretary shall create a facility to conduct research,
development, demonstration, and commercial application
projects for large-scale and full-scale offshore wind energy
support structure components and systems.
SEC. 2524. WIND ENERGY INCUBATOR FUNDING.
In carrying out the program established under section
2522(a), the Secretary shall support, in
[[Page H4800]]
accordance with section 2522(b), incubators advancing
innovative technologies that are not represented in a
significant way in--
(1) the portfolio of wind energy research activities
carried out by the Department of Energy as of the date of the
enactment of this Act; or
(2) technology roadmaps used by the Department of Energy as
of such date of enactment.
SEC. 2525. MITIGATING REGULATORY AND MARKET BARRIERS.
(a) In General.--In carrying out the program established
under section 2522(a), the Secretary shall research, develop,
test, and evaluate, in accordance with section 2522(b), ways
to reduce regulatory and market barriers to the widespread
adoption of wind power, including--
(1) grid transmission and integration challenges; and
(2) siting and permitting issues associated with the
potential impacts of wind power systems on wildlife, radar
systems, local communities, military operations, and
airspace.
(b) Wildlife Impact Mitigation.--In carrying out the
activities described in subsection (a), the Secretary shall
support the research, development, demonstration, and
commercial application of wildlife impact mitigation
technologies or strategies to avoid, minimize, and offset the
potential impacts of wind energy facilities on--
(1) bald and golden eagles;
(2) bat species;
(3) marine wildlife; and
(4) other sensitive species and habitats.
(c) Education and Outreach.--In carrying out the activities
described in subsection (a), the Secretary shall support
education and outreach activities, with a focus on low-income
and disadvantaged communities, to disseminate information and
promote public understanding of wind technologies and the
wind energy workforce, including through the Collegiate Wind
Competition.
(d) Technical Assistance and Workforce Development.--In
carrying out the program established under section 2522(a),
the Secretary shall also conduct, for purposes of supporting
technical, non-hardware, and information based advances in
wind energy systems' development and operation, including
activities expanding access to wind energy for low-income
individuals and disadvantaged individuals and communities--
(1) technical assistance and analysis activities with
eligible entities; and
(2) workforce development and training activities,
including--
(A) activities that support the dissemination of standards
and best practices for enabling wind power production; and
(B) through the use of proven techniques to expand the
number of individuals from underrepresented groups pursuing
and attaining skills relevant to wind energy.
SEC. 2526. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to
carry out this part--
(1) $109,200,000 for fiscal year 2021;
(2) $114,660,000 for fiscal year 2022;
(3) $120,393,000 for fiscal year 2023;
(4) $126,412,650 for fiscal year 2024; and
(5) $132,733,282 for fiscal year 2025.
PART 3--ADVANCED GEOTHERMAL RESEARCH AND DEVELOPMENT
SEC. 2541. DEFINITIONS.
Section 612 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17191) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Engineered.--When referring to enhanced geothermal
systems, the term `engineered' means designed to access
subsurface heat, including stimulation and nonstimulation
technologies to address one or more of the following issues:
``(A) Lack of effective permeability, porosity or open
fracture connectivity within the heat reservoir.
``(B) Insufficient contained geofluid in the heat
reservoir.
``(C) A low average geothermal gradient which necessitates
deeper drilling, or the use of alternative heat sources or
heat generation processes.'';
(2) by redesignating paragraphs (2) through (7) as
paragraphs (3) through (8), respectively;
(3) by adding after paragraph (1) the following:
``(2) Eligible entity.--The term `eligible entity' means
any of the following entities:
``(A) An institution of higher education.
``(B) A National laboratory.
``(C) A Federal research agency.
``(D) A State research agency.
``(E) A nonprofit research organization.
``(F) An industrial entity.
``(G) A consortium of 2 or more entities described in
subparagraphs (A) through (F).''; and
(4) by adding at the end the following:
``(9) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C 1001).''.
SEC. 2542. HYDROTHERMAL RESEARCH AND DEVELOPMENT.
Section 613 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17192) is amended to read as follows:
``SEC. 613. HYDROTHERMAL RESEARCH AND DEVELOPMENT.
``(a) In General.--The Secretary shall carry out a program
of research, development, demonstration, and commercial
application for geothermal energy production from
hydrothermal systems.
``(b) Programs.--The program authorized in subsection (a)
shall include the following:
``(1) Advanced hydrothermal resource tools.--The research
and development of advanced geologic tools to assist in
locating hydrothermal resources, and to increase the
reliability of site characterization, including the
development of new imaging and sensing technologies and
techniques to assist in prioritization of targets for
characterization;
``(2) Exploratory drilling for geothermal resources.--The
demonstration of advanced technologies and techniques of
siting and exploratory drilling for undiscovered resources in
a variety of geologic settings, carried out in collaboration
with industry partners that will assist in the acquisition of
high quality data sets relevant for hydrothermal subsurface
characterization activities.''.
SEC. 2543. GENERAL GEOTHERMAL SYSTEMS RESEARCH AND
DEVELOPMENT.
Section 614 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17193) is amended to read as follows:
``SEC. 614. GENERAL GEOTHERMAL SYSTEMS RESEARCH AND
DEVELOPMENT.
``(a) Subsurface Components and Systems.--The Secretary
shall support a program of research, development,
demonstration, and commercial application of components and
systems capable of withstanding geothermal environments and
necessary to develop, produce, and monitor geothermal
reservoirs and produce geothermal energy.
``(b) Environmental Impacts.--The Secretary shall--
``(1) support a program of research, development,
demonstration, and commercial application of technologies and
practices designed to mitigate or preclude potential adverse
environmental impacts of geothermal energy development,
production or use; and
``(2) support a research program to identify potential
environmental impacts, including induced seismicity, and
environmental benefits of geothermal energy development,
production, and use, and ensure that the program described in
paragraph (1) addresses such impacts, including water use and
effects on groundwater and local hydrology;
``(3) support a program of research to compare the
potential environmental impacts and environmental benefits
identified as part of the development, production, and use of
geothermal energy with the potential emission reductions of
greenhouse gases gained by geothermal energy development,
production, and use; and
``(4) in carrying out this section, the Secretary shall, to
the maximum extent practicable, consult with relevant federal
agencies, including the Environmental Protection Agency.
``(c) Reservoir Thermal Energy Storage.--The Secretary
shall support a program of research, development, and
demonstration of reservoir thermal energy storage,
emphasizing cost-effective improvements through deep direct
use engineering, design, and systems research.
``(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 research, develop, and demonstrate relevant
advanced technologies and operation techniques used in the
oil and gas sector for use in geothermal energy development.
``(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 geothermal drilling surface technologies,
and well construction.
``(e) Coproduction of Geothermal Energy and Minerals
Production Research and Development Initiative.--
``(1) In general.--The Secretary shall carry out a research
and development initiative under which the Secretary shall
award grants to demonstrate the coproduction of critical
minerals from geothermal resources.
``(2) Requirements.--An award made 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.
``(f) Flexible Operations.--The Secretary shall support a
research initiative on flexible operation of geothermal power
plants.
``(g) Hybrid Energy Systems.--The Secretary shall identify
opportunities for joint research, development, and
demonstration programs between geothermal systems and other
energy generation or storage systems.''.
SEC. 2544. ENHANCED GEOTHERMAL SYSTEMS RESEARCH AND
DEVELOPMENT.
Section 615 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17194) is amended to read as follows:
``SEC. 615. ENHANCED GEOTHERMAL SYSTEMS RESEARCH AND
DEVELOPMENT.
``(a) In General.--The Secretary shall support a program of
research, development, demonstration, and commercial
application for enhanced geothermal systems, including the
programs described in subsection (b).
``(b) Enhanced Geothermal Systems Technologies.--In
collaboration with industry partners, institutions of higher
education, and the national laboratories, the Secretary shall
support a program of research, development, demonstration,
and commercial application of the technologies to achieve
higher efficiency and lower cost enhanced geothermal systems,
including--
``(1) reservoir stimulation;
``(2) drilled, non-stimulated (e.g. closed-loop) reservoir
technologies;
``(3) reservoir characterization, monitoring, and modeling
and understanding of the surface area and volume of
fractures;
[[Page H4801]]
``(4) stress and fracture mapping including real time
monitoring and modeling;
``(5) tracer development;
``(6) three and four-dimensional seismic imaging and
tomography;
``(7) well placement and orientation;
``(8) long-term reservoir management;
``(9) drilling technologies, methods, and tools;
``(10) improved exploration tools;
``(11) zonal isolation; and
``(12) understanding induced seismicity risks from
reservoir engineering and stimulation.
``(c) Frontier Observatory for Research in Geothermal
Energy.--The Secretary shall support the establishment and
construction of up to 3 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.
``(1) Duties.--The Secretary shall--
``(A) award grants in support of research and development
projects focused on advanced monitoring technologies, new
technologies and approaches for implementing multi-zone
stimulations, nonstimulation techniques, and dynamic
reservoir modeling that incorporates all available high-
fidelity characterization data; and
``(B) seek opportunities to coordinate efforts and share
information with domestic and international partners engaged
in research and development of geothermal systems and related
technology, including coordination between FORGE sites.
``(2) Site selection.--Of the FORGE sites referred to in
paragraph (1), the Secretary shall--
``(A) consider applications through a competitive, merit-
reviewed process, from National Laboratories, multi-
institutional collaborations, institutes of higher education
and other appropriate entities best suited to provide
national leadership on geothermal related issues and perform
the duties enumerated under this subsection; and
``(B) prioritize existing field sites and facilities with
capabilities relevant to the duties enumerated under this
subsection.
``(3) Existing forge sites.--A FORGE site already in
existence on the date of enactment of this Act may continue
to receive support.
``(4) Funding.--Out of funds authorized to be appropriated
under section 623, there shall be made available to the
Secretary to carry out the FORGE activities under this
paragraph--
``(A) $45,000,000 for fiscal year 2021;
``(B) $55,000,000 for fiscal year 2022;
``(C) $65,000,000 for fiscal year 2023;
``(D) $70,000,000 for fiscal year 2024; and
``(E) $70,000,000 for fiscal year 2025.
In carrying out this section, the Secretary shall consider
the balance between funds dedicated to construction and
operations and research activities to reflect the state of
site development.
``(d) Enhanced Geothermal Systems Demonstrations.--
``(1) In general.--Beginning on the date of enactment of
this section, the Secretary, in collaboration with industry
partners, institutions of higher education, and the national
laboratories, shall support an initiative for demonstration
of enhanced geothermal systems for power production or direct
use.
``(2) Projects.--
``(A) In general.--Under the initiative described in
paragraph (1), demonstration projects shall be carried out in
locations that are commercially viable for enhanced
geothermal systems development, while also considering
environmental impacts to the maximum extent practicable, as
determined by the Secretary.
``(B) Requirements.--Demonstration projects under
subparagraph (A) shall--
``(i) collectively demonstrate--
``(I) different geologic settings, such as hot sedimentary
aquifers, layered geologic systems, supercritical systems,
and basement rock systems; and
``(II) a variety of development techniques, including open
hole and cased hole completions, differing well orientations,
and stimulation and nonstimulation mechanisms; and
``(ii) to the extent practicable, use existing sites where
subsurface characterization or geothermal energy integration
analysis has been conducted.
``(C) Eastern demonstration.--Not fewer than 1 of the
demonstration projects carried out under subparagraph (A)
shall be located an area east of the Mississippi that is
suitable for enhanced geothermal demonstration for power,
heat, or a combination of power and heat.''.
SEC. 2545. GEOTHERMAL HEAT PUMPS AND DIRECT USE.
(a) 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 understanding of related earth
sciences, 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
effectiveness of geothermal heat pumps and the direct use of
geothermal energy.
``(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 and cooling to buildings, commercial
districts, residential communities, and large municipal, or
industrial projects; 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 geology, groundwater, 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 low temperature groundwater 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) Grants.--
``(1) In general.--The Secretary shall carry out the
program established in subsection (c) by making grants
available to State, local, and Tribal governments,
institutions of higher education, nonprofit entities,
National Laboratories, utilities, and for-profit companies.
``(2) Priority.--In making grants under this subsection,
the Secretary may give priority to proposals that apply to
large buildings, commercial districts, and residential
communities that are located in economically distressed areas
and areas that the Secretary determines to have high economic
potential for geothermal district heating based on the
report, `Geovision: Harnessing the Heat Beneath our Feet'
published by the Department in 2019, or a successor
report.''.
(b) Conforming Amendment.--Section 1(b) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17001 note)
is amended in the table of contents by inserting after the
item relating to section 616 the following:
``616A. Geothermal heat pumps and direct use research and
development.''.
SEC. 2546. COST SHARING AND PROPOSAL EVALUATION.
Section 617(b) of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17196) is amended by striking paragraph
(2) and redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
SEC. 2547. ADVANCED GEOTHERMAL COMPUTING AND DATA SCIENCE
RESEARCH AND DEVELOPMENT.
(a) In General.--Section 618 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17197) is amended to read as
follows:
``SEC. 618. ADVANCED GEOTHERMAL COMPUTING AND DATA SCIENCE
RESEARCH AND DEVELOPMENT.
``(a) In General.--The Secretary shall carry out a program
of research and development of advanced computing and data
science tools for geothermal energy.
``(b) Programs.--The program authorized in subsection (a)
shall include the following:
``(1) Advanced computing for geothermal systems
technologies.--Research, development, and demonstration of
technologies to develop advanced data, machine learning,
artificial intelligence, and related computing tools to
assist in locating geothermal resources, to increase the
reliability of site characterization, to increase the rate
and efficiency of drilling, to improve induced seismicity
mitigation, and to support enhanced geothermal systems
technologies.
``(2) Geothermal systems reservoir modeling.--Research,
development, and demonstration of models of geothermal
reservoir performance and enhanced geothermal systems
reservoir stimulation technologies and techniques, with an
emphasis on accurately modeling fluid and heat flow,
permeability evolution, geomechanics, geochemistry,
seismicity, and operational performance over time, including
collaboration with industry and field validation.
``(c) Coordination.--In carrying out these programs, the
Secretary shall ensure coordination and consultation with the
Department of Energy's Office of Science. The Secretary shall
ensure, to the maximum extent practicable, coordination of
these activities with the Department of Energy National
Laboratories, institutes of higher education, and the private
sector.''.
(b) Conforming Amendment.--Section 1(b) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17001 note)
is amended in the table of contents by amending the item
related to section 618 to read as follows:
``Sec. 618. Advanced geothermal computing and data science research and
development.''.
[[Page H4802]]
SEC. 2548. GEOTHERMAL WORKFORCE DEVELOPMENT.
(a) In General.--Section 619 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17198) is amended to read as
follows:
``SEC. 619. GEOTHERMAL WORKFORCE DEVELOPMENT.
``The Secretary shall support the development of a
geothermal energy workforce through a program that--
``(1) facilitates collaboration between university students
and researchers at the national laboratories; and
``(2) prioritizes science in areas relevant to the mission
of the Department through the application of geothermal
energy tools and technologies.''.
(b) Conforming Amendment.--Section 1(b) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17001 note)
is amended in the table of contents by amending the item
related to section 619 to read as follows:
``Sec. 619. Geothermal workforce development.''.
SEC. 2549. ORGANIZATION AND ADMINISTRATION OF PROGRAMS.
Section 621 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17200) is amended to read as follows:
``SEC. 621. ORGANIZATION AND ADMINISTRATION OF PROGRAMS.
``(a) Education and Outreach.--In carrying out the
activities described in this subtitle, the Secretary shall
support education and outreach activities to disseminate
information on geothermal energy technologies and the
geothermal energy workforce, including activities at the
Frontier Observatory for Research in Geothermal Energy site
or sites.
``(b) Technical Assistance.--In carrying out this subtitle,
the Secretary shall also conduct technical assistance and
analysis activities with eligible entities for the purpose of
supporting the commercial application of advances in
geothermal energy systems development and operations, which
may include activities that support expanding access to
advanced geothermal energy technologies for rural, Tribal,
and low-income communities.
``(c) Report.--Every 5 years after the date of enactment of
this section, the Secretary shall report to the Committee on
Science and Technology of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate
on advanced concepts and technologies to maximize the
geothermal resource potential of the United States.
``(d) Progress Reports.--Not later than 1 year after the
date of enactment of this section, and every 2 years
thereafter, the Secretary shall submit to the Committee on
Science and Technology of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate a
report on the results of projects undertaken under this part
and other such information the Secretary considers
appropriate.''.
SEC. 2550. REPEALS.
(a) In General.--Subtitle B of title VI of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17191 et
seq.) is amended by striking section 620.
(b) Conforming Amendment.--Section 1(b) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17001 note)
is amended in the table of contents by striking the item
related to section 620.
SEC. 2551. AUTHORIZATION OF APPROPRIATIONS.
Section 623 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17202) is amended to read as follows:
``SEC. 623. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary
to carry out the programs under this subtitle--
``(1) $121,375,000 for fiscal year 2021;
``(2) $132,750,000 for fiscal year 2022;
``(3) $144,125,000 for fiscal year 2023;
``(4) $150,500,000 for fiscal year 2024; and
``(5) $151,875,000 for fiscal year 2025.''.
SEC. 2552. INTERNATIONAL GEOTHERMAL ENERGY DEVELOPMENT.
Section 624 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17203) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary of Energy, in coordination
with other appropriate Federal and multilateral agencies
(including the United States Agency for International
Development) shall support collaborative efforts with
international partners to promote the research, development,
and demonstration of geothermal technologies used to develop
hydrothermal and enhanced geothermal system resources.''; and
(2) by striking subsection (c).
SEC. 2553. 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 amending subsection (e) to read as follows:
``(e) Authorization of Appropriations.--Out of funds
authorized under section 623, there is authorized to be
appropriated to carry out this section $5,000,000 for each of
fiscal years 2021 through 2025.''.
PART 4--WATER POWER RESEARCH AND DEVELOPMENT
SEC. 2561. WATER POWER RESEARCH AND DEVELOPMENT.
(a) In General.--Subtitle C of title VI of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17211 et
seq.) is amended to read as follows:
``Subtitle C--Water Power Research and Development
``SEC. 632. DEFINITIONS.
``In this subtitle:
``(1) Eligible entity.--The term `eligible entity' means
any of the following entities:
``(A) An institution of higher education.
``(B) A National Laboratory.
``(C) A Federal research agency.
``(D) A State research agency.
``(E) A nonprofit research organization.
``(F) An industrial entity or a multi-institutional
consortium thereof.
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(3) Marine energy.--The term `marine energy' means energy
from--
``(A) waves, tides, and currents in oceans, estuaries, and
tidal areas;
``(B) free flowing water in rivers, lakes, streams, and
man-made channels;
``(C) differentials in salinity and pressure gradients; and
``(D) differentials in water temperature, including ocean
thermal energy conversion.
``(4) National laboratory.--The term `National Laboratory'
has the meaning given such term in section 2(3) of the Energy
Policy Act of 2005 (42 U.S.C. 15801(3)).
``(5) Water power.--The term `water power' refers to
hydropower, including conduit power, pumped storage, and
marine energy technologies.
``(6) Microgrid.--The term `microgrid' has the meaning
given such term in section 641 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17231).
``SEC. 633. WATER POWER TECHNOLOGY RESEARCH, DEVELOPMENT, AND
DEMONSTRATION.
``The Secretary shall carry out a program to conduct
research, development, demonstration, and commercial
application of water power technologies in support of each of
the following purposes:
``(1) To promote research, development, demonstration, and
commercial application of water power generation technologies
in order to increase capacity and reduce the cost of those
technologies.
``(2) To promote research and development to improve the
environmental impact of water power technologies.
``(3) To provide grid reliability and resilience, including
through technologies that facilitate new market
opportunities, such as ancillary services, for water power.
``(4) To promote the development of water power
technologies to improve economic growth and enhance cross-
institutional foundational workforce development in the water
power sector, including in coastal communities.
``SEC. 634. HYDROPOWER RESEARCH, DEVELOPMENT, AND
DEMONSTRATION.
``The Secretary shall conduct a program of research,
development, demonstration, and commercial application for
technologies that improve the capacity, efficiency,
resilience, security, reliability, affordability, and
environmental impact, including potential cumulative
environmental impacts, of hydropower systems. In carrying out
such program, the Secretary shall prioritize activities
designed to--
``(1) develop technology for--
``(A) non-powered dams, including aging and potentially
hazardous dams;
``(B) pumped storage;
``(C) constructed waterways;
``(D) new stream-reach development;
``(E) modular and small dams;
``(F) increased operational flexibility; and
``(G) enhancement of relevant existing facilities;
``(2) develop new strategies and technologies, including
analytical methods, physical and numerical tools, and
advanced computing, as well as methods to validate such
methods and tools, in order to--
``(A) extend the operational lifetime of hydropower systems
and their physical structures, while improving environmental
impact, including potential cumulative environmental impacts;
``(B) assist in device and system design, installation,
operation, and maintenance; and
``(C) reduce costs, limit outages, and increase unit and
plant efficiencies, including by examining the impact of
changing water and electricity demand on hydropower
generation, flexibility, and provision of grid services;
``(3) study, in conjunction with other relevant Federal
agencies as appropriate, methods to improve the hydropower
licensing process, including by compiling current and
accepted best practices, public comments, and methodologies
to assess the full range of potential environmental and
economic impacts;
``(4) identify opportunities for joint research,
development, and demonstration programs between hydropower
systems, which may include--
``(A) pumped storage systems and other renewable energy
systems;
``(B) small hydro facilities and other energy storage
systems;
``(C) other hybrid energy systems;
``(D) small hydro facilities and critical infrastructure,
including water infrastructure; and
``(E) hydro facilities and responsive load technologies,
which may include smart buildings and city systems;
``(5) improve the reliability of hydropower technologies,
including during extreme weather events;
``(6) develop methods and technologies to improve
environmental impact, including potential cumulative
environmental impacts, of hydropower and pumped storage
technologies, including potential impacts on wildlife, such
as--
``(A) fisheries;
``(B) aquatic life and resources;
[[Page H4803]]
``(C) navigation of waterways; and
``(D) upstream and downstream environmental conditions,
including sediment movement, water quality, and flow volumes;
``(7) identify ways to increase power generation by--
``(A) diversifying plant configuration options;
``(B) improving pump-back efficiencies;
``(C) investigating multi-phase systems;
``(D) developing, testing, and monitoring advanced
generators with faster cycling times, variable speeds, and
improved efficiencies;
``(E) developing, testing, and monitoring advanced turbines
capable of improving environmental impact, including
potential cumulative environmental impacts, including small
turbine designs;
``(F) developing standardized powertrain components;
``(G) developing components with advanced materials and
manufacturing processes, including additive manufacturing;
and
``(H) developing analytical tools that enable hydropower to
provide grid services that, amongst other services, improve
grid integration of other energy sources;
``(8) advance new pumped storage technologies, including--
``(A) systems with adjustable speed and other new pumping
and generating equipment designs;
``(B) modular systems;
``(C) alternative closed-loop systems, including mines and
quarries; and
``(D) other innovative equipment and materials as
determined by the Secretary;
``(9) reduce civil works costs and construction times for
hydropower and pumped storage systems, including
comprehensive data and systems analysis of hydropower and
pumped storage construction technologies and processes in
order to identify areas for whole-system efficiency gains;
``(10) advance efficient and reliable integration of
hydropower and pumped storage systems with the electric grid
by--
``(A) improving methods for operational forecasting of
renewable energy systems to identify opportunities for
hydropower applications in pumped storage and hybrid energy
systems, including forecasting of seasonal and annual energy
storage;
``(B) considering aggregating small distributed hydropower
assets; and
``(C) identifying barriers to grid scale implementation of
hydropower and pumped storage technologies;
``(11) improve computational fluid dynamic modeling
methods;
``(12) improve flow measurement methods, including
maintenance of continuous flow measurement equipment;
``(13) identify best methods for compiling data on all
hydropower resources and assets, including identifying
potential for increased capacity; and
``(14) identify mechanisms to test and validate performance
of hydropower and pumped storage technologies.
``SEC. 635. MARINE ENERGY RESEARCH, DEVELOPMENT, AND
DEMONSTRATION.
``(a) In General.--The Secretary, in consultation with the
Department of Defense, Secretary of Commerce (acting through
the Under Secretary of Commerce for Oceans and Atmosphere)
and other relevant Federal agencies, shall conduct a program
of research, development, demonstration, and commercial
application of marine energy technology, including activities
to--
``(1) assist technology development to improve the
components, processes, and systems used for power generation
from marine energy resources at a variety of scales;
``(2) establish and expand critical testing infrastructure
and facilities necessary to--
``(A) demonstrate and prove marine energy devices at a
range of scales in a manner that is cost-effective and
efficient; and
``(B) accelerate the technological readiness and commercial
application of such devices;
``(3) address marine energy resource variability issues,
including through the application of energy storage
technologies;
``(4) advance efficient and reliable integration of marine
energy with the electric grid, which may include smart
building systems;
``(5) identify and study critical short-term and long-term
needs to maintaining a sustainable marine energy supply chain
based in the United States;
``(6) increase the reliability, security, and resilience of
marine energy technologies;
``(7) validate the performance, reliability,
maintainability, and cost of marine energy device designs and
system components in an operating environment;
``(8) consider the protection of critical infrastructure,
such as adequate separation between marine energy devices and
submarine telecommunications cables, including through the
development of voluntary, consensus-based standards for such
purposes;
``(9) identify opportunities for crosscutting research,
development, and demonstration programs between existing
energy research programs;
``(10) identify and improve, 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 environmental impact,
including potential cumulative environmental impacts, of
marine energy technologies, including--
``(A) potential impacts on fisheries and other marine
resources; and
``(B) developing technologies, including mechanisms for
self-evaluation, and other means available for improving
environmental impact, including potential cumulative
environmental impacts;
``(11) identify, in consultation with relevant Federal
agencies, potential navigational impacts of marine energy
technologies and strategies to prevent possible adverse
impacts, in addition to opportunities for marine energy
systems to aid the United States Coast Guard, such as remote
sensing for coastal border security;
``(12) develop numerical and physical tools, including
models and monitoring technologies, to assist industry in
device and system design, installation, operation, and
maintenance, including methods to validate such tools;
``(13) support materials science as it relates to marine
energy technology, such as the development of corrosive-
resistant materials;
``(14) improve marine energy resource forecasting and
general understanding of aquatic system behavior, including
turbulence and extreme conditions;
``(15) develop metrics and voluntary, consensus-based
standards, in coordination with the National Institute of
Standards and Technology and appropriate standard development
organizations, for marine energy components, systems, and
projects, including--
``(A) measuring performance of marine energy technologies;
and
``(B) characterizing environmental conditions;
``(16) enhance integration with hybrid energy systems,
including desalination;
``(17) identify opportunities to integrate marine energy
technologies into new and existing infrastructure; and
``(18) to develop technology necessary to support the use
of marine energy--
``(A) for the generation and storage of power at sea; and
``(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.
``(b) Study of Non-Power Sector Applications for Advanced
Marine Energy Technologies.--
``(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 for
non-power sector applications, including applications with
respect to--
``(A) the maritime transportation sector;
``(B) associated maritime energy infrastructure, including
infrastructure that serves ports, to improve system
resilience and disaster recovery; and
``(C) enabling 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).
``SEC. 636. NATIONAL MARINE ENERGY CENTERS.
``(a) In General.--The Secretary shall award grants, each
such grant up to $10,000,000 per year, to institutions of
higher education (or consortia thereof) for--
``(1) the continuation and expansion of the research,
development, demonstration, testing, and commercial
application activities at the National Marine Energy Centers
(referred to in this section as `Centers') established as of
January 1, 2020; and
``(2) the establishment of new National Marine Energy
Centers.
``(b) Location Selection.--In selecting institutions of
higher education for new Centers, the Secretary shall
consider the following criteria:
``(1) Whether the institution hosts an existing marine
energy research and development program.
``(2) Whether the institution has proven technical
expertise to support marine energy research.
``(3) Whether the institution has access to marine
resources.
``(c) Purposes.--The Centers shall coordinate among
themselves, the Department, and National Laboratories to--
``(1) advance research, development, demonstration, and
commercial application of marine energy technologies in
response to industry and commercial needs;
``(2) 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;
``(C) arrays of technology devices; and
``(D) interconnectivity to an electrical grid, including
microgrids; and
``(3) collect and disseminate information on best practices
in all areas relating to developing and managing marine
energy resources and energy systems.
``(d) Coordination.--To the extent practicable, the Centers
shall coordinate their activities with the Secretary of
Commerce, acting through the Undersecretary of Commerce for
Oceans and Atmosphere, and other relevant Federal agencies.
``(e) Termination.--To the extent otherwise authorized by
law, the Secretary may terminate funding for a Center
described in paragraph (a) if such Center is under-
performing.
``SEC. 637. ORGANIZATION AND ADMINISTRATION OF PROGRAMS.
``(a) Coordination.--In carrying out this subtitle, the
Secretary shall coordinate activities, and effectively manage
cross-cutting research priorities across programs of the
Department and other relevant Federal agencies, including the
National Laboratories and the National Marine Energy Centers.
``(b) Collaboration.--
[[Page H4804]]
``(1) In general.--In carrying out this subtitle, the
Secretary shall collaborate with industry, National
Laboratories, other relevant Federal agencies, institutions
of higher education, including Minority Serving Institutions,
National Marine Energy Centers, Tribal entities, including
Alaska Native Corporations, and international bodies with
relevant scientific and technical expertise.
``(2) Participation.--To the extent practicable, the
Secretary shall encourage research projects that promote
collaboration between entities specified in paragraph (1) and
include entities not historically associated with National
Marine Energy Centers, such as Minority Serving Institutions.
``(3) International collaboration.--The Secretary of
Energy, in coordination with other appropriate Federal and
multilateral agencies (including the United States Agency for
International Development) shall support collaborative
efforts with international partners to promote the research,
development, and demonstration of water power technologies
used to develop hydropower, pump storage, and marine energy
resources.
``(c) Dissemination of Results and Public Availability.--
The Secretary shall--
``(1) publish the results of projects supported under this
subtitle through Department websites, reports, databases,
training materials, and industry conferences, including
information discovered after the completion of such projects,
withholding any industrial proprietary information; and
``(2) share results of such projects with the public except
to the extent that the information is protected from
disclosure under section 552(b) of title 5, United States
Code.
``(d) Award Frequency.--The Secretary shall solicit
applications for awards under this subtitle no less
frequently than once per fiscal year.
``(e) Education and Outreach.--In carrying out the
activities described in this subtitle, the Secretary shall
support education and outreach activities to disseminate
information and promote public understanding of water power
technologies and the water power workforce, including
activities at the National Marine Energy Centers.
``(f) Technical Assistance and Workforce Development.--In
carrying out this subtitle, the Secretary may also conduct,
for purposes of supporting technical, non-hardware, and
information-based advances in water power systems development
and operations--
``(1) technical assistance and analysis activities with
eligible entities, including activities that support
expanding access to advanced water power technologies for
rural, Tribal, and low-income communities; and
``(2) workforce development and training activities,
including to support the dissemination of standards and best
practices for enabling water power production.
``(g) Strategic Plan.--In carrying out the activities
described in this subtitle, the Secretary shall--
``(1) not later than one year after the date of the
enactment of the Clean Economy Jobs and Innovation Act, draft
a plan, considering input from relevant stakeholders such as
industry and academia, to implement the programs described in
this subtitle and update the plan on an annual basis; and
``(2) the plan shall 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 water power systems.
``(h) Report to Congress.--Not later than 1 year after the
date of the enactment of the Clean Economy Jobs and
Innovation Act, and at least once every 2 years thereafter,
the Secretary shall provide, and make available to the public
and the relevant authorizing and appropriations committees of
Congress, a report on the findings of research conducted and
activities carried out pursuant to this subtitle, including
the most current strategic plan under subsection (g) and the
progress made in implementing such plan.
``SEC. 638. APPLICABILITY OF OTHER LAWS.
``Nothing in this subtitle shall be construed as waiving,
modifying, or superseding the applicability of any
requirement under any environmental or other Federal or State
law.
``SEC. 639. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary
to carry out this subtitle--
``(1) $152,750,000 for fiscal year 2021, including
$112,580,000 for marine energy and $40,170,000 for hydropower
research, development, and demonstration activities;
``(2) $157,678,300 for fiscal year 2022, including
$116,303,200 for marine energy and $41,375,100 for hydropower
research, development, and demonstration activities;
``(3) $162,791,915 for fiscal year 2023, including
$120,175,562 for marine energy and $42,616,353 for hydropower
research, development, and demonstration activities;
``(4) $168,098,139 for fiscal year 2024, including
$124,203,295 for marine energy and $43,894,844 for hydropower
research, development, and demonstration activities; and
``(5) $173,604,558 for fiscal year 2025, including
$128,392,869 for marine energy and $45,211,689 for hydropower
research, development, and demonstration activities.''.
(b) Conforming Table of Contents Amendment.--The table of
contents for the Energy Independence and Security Act of 2007
is amended by striking the items relating to subtitle C of
title VI and inserting the following:
``Subtitle C--Water Power Research and Development
``Sec. 632. Definitions.
``Sec. 633. Water power technology research, development, and
demonstration.
``Sec. 634. Hydropower research, development, and demonstration.
``Sec. 635. Marine energy research, development, and demonstration.
``Sec. 636. National Marine Energy Centers.
``Sec. 637. Organization and administration of programs.
``Sec. 638. Applicability of other laws.
``Sec. 639. Authorization of appropriations.''.
SEC. 2562. CONFORMING AMENDMENTS.
(a) Energy Policy Act of 2005.--The Energy Policy Act of
2005 (42 U.S.C. 15801 et seq.) is amended--
(1) in section 201(a), by striking ``ocean (including
tidal, wave, current, and thermal)'' and inserting
``marine'';
(2) in section 203(b)(2), by--
(A) inserting ``marine energy (as defined in section 632 of
the Energy Independence and Security Act of 2007) or'' before
``electric energy''; and
(B) by striking ``ocean (including tidal, wave, current,
and thermal)'';
(3) in section 931(a)(2)(E)(i), by striking ``ocean energy,
including wave energy'' and inserting ``marine energy (as
defined in section 632 of the Energy Independence and
Security Act of 2007)''; and
(4) in section 1833(a), by striking ``ocean energy
resources (including tidal, wave, and thermal energy)'' and
inserting ``marine energy resources (within the meaning of
section 632 of the Energy Independence and Security Act of
2007)''.
(b) Energy Policy Act of 1992.--Section 1212 of the Energy
Policy Act of 1992 (42 U.S.C. 13317) is amended--
(1) in subsection (a)(4)(A)(i), by striking ``ocean
(including tidal, wave, current, and thermal)'' and inserting
``marine energy (as defined in section 632 of the Energy
Independence and Security Act of 2007)'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``ocean (including tidal, wave, current, and
thermal)'' and inserting ``marine energy (as defined in
section 632 of the Energy Independence and Security Act of
2007)''; and
(3) in subsection (e)(1), in the first sentence, by
striking ``ocean (including tidal, wave, current, and
thermal)'' and inserting ``marine energy (as defined in
section 632 of the Energy Independence and Security Act of
2007)''.
(c) Renewable Energy and Energy Efficiency Technology
Competitiveness Act of 1989.--The Renewable Energy and Energy
Efficiency Technology Competitiveness Act of 1989 (42 U.S.C.
12001 et seq.) is amended--
(1) in section 4 (42 U.S.C. 12003)--
(A) in subsection (a)(5), by striking ``Ocean'' and
inserting ``Marine''; and
(B) in subsection (c), in the matter preceding paragraph
(1), by striking ``Ocean'' and inserting ``Marine''; and
(2) in section 9(c) (42 U.S.C. 12006(c)), by striking
``ocean,'' and inserting ``marine,''.
Subtitle F--Public Lands Renewable Energy Development
SEC. 2601. DEFINITIONS.
In this subtitle:
(1) Covered land.--The term ``covered land'' means land
that is--
(A) public lands administered by the Secretary; and
(B) not excluded from the development of geothermal, solar,
or wind energy under--
(i) a land use plan established under the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
or
(ii) other Federal law.
(2) Exclusion area.--The term ``exclusion area'' means
covered land that is identified by the Bureau of Land
Management as not suitable for development of renewable
energy projects.
(3) Federal land.--The term ``Federal land'' means public
lands.
(4) Fund.--The term ``Fund'' means the Renewable Energy
Resource Conservation Fund established by section 2608(c)(1).
(5) Priority area.--The term ``priority area'' means
covered land identified by the land use planning process of
the Bureau of Land Management as being a preferred location
for a renewable energy project, including a designated
leasing area (as defined in section 2801.5(b) of title 43,
Code of Federal Regulations (or a successor regulation)) that
is identified under the rule of the Bureau of Land Management
entitled ``Competitive Processes, Terms, and Conditions for
Leasing Public Lands for Solar and Wind Energy Development
and Technical Changes and Corrections'' (81 Fed. Reg. 92122
(December 19, 2016)) (or a successor regulation).
(6) Public lands.--The term ``public lands'' has the
meaning given that term in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702).
(7) Renewable energy project.--The term ``renewable energy
project'' means a project carried out on covered land that
uses wind, solar, or geothermal energy to generate energy.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) Variance area.--The term ``variance area'' means
covered land that is--
(A) not an exclusion area;
(B) not a priority area; and
(C) identified by the Secretary as potentially available
for renewable energy development and could be approved
without a plan amendment, consistent with the principles of
multiple use (as that term is defined in the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)).
SEC. 2602. LAND USE PLANNING; SUPPLEMENTS TO PROGRAMMATIC
ENVIRONMENTAL IMPACT STATEMENTS.
(a) Priority Areas.--
(1) In general.--The Secretary, in consultation with the
Secretary of Energy, shall establish priority areas on
covered land for geothermal, solar, and wind energy projects.
[[Page H4805]]
Projects located in those priority areas shall be given the
highest priority for review, and shall be offered the
opportunity to participate in any regional mitigation plan
developed for the relevant priority areas.
(2) Deadline.--
(A) Geothermal energy.--For geothermal energy, the
Secretary shall establish priority areas as soon as
practicable, but not later than 5 years, after the date of
the enactment of this Act.
(B) Solar energy.--For solar energy, solar Designated
Leasing Areas, including the solar energy zones established
by the 2012 western solar plan of the Bureau of Land
Management and any subsequent land use plan amendments, shall
be considered to be priority areas for solar energy projects.
The Secretary shall establish additional solar priority areas
as soon as practicable, but not later than 3 years, after the
date of the enactment of this Act.
(C) Wind energy.--For wind energy, the Secretary shall
establish additional wind priority areas as soon as
practicable, but not later than 3 years, after the date of
the enactment of this Act.
(b) Variance Areas.--To the maximum extent practicable,
variance areas shall be considered for renewable energy
project development, consistent with the principles of
multiple use (as defined in the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.)).
(c) Review and Modification.--Not less than once every 5
years, the Secretary shall--
(1) review the adequacy of land allocations for geothermal,
solar, and wind energy priority and variance areas for the
purpose of encouraging new renewable energy development
opportunities; and
(2) based on the review carried out under paragraph (1),
add, modify, or eliminate priority, variance, and exclusion
areas.
(d) Compliance With the National Environmental Policy
Act.--For purposes of this section, compliance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) shall be accomplished--
(1) for geothermal energy, by supplementing the October
2008 final programmatic environmental impact statement for
geothermal leasing in the Western United States and
incorporating any additional regional analyses that have been
completed by Federal agencies since the programmatic
environmental impact statement was finalized;
(2) for solar energy, by supplementing the July 2012 final
programmatic environmental impact statement for solar energy
development and incorporating any additional regional
analyses that have been completed by Federal agencies since
the programmatic environmental impact statement was
finalized; and
(3) for wind energy, by supplementing the July 2005 final
programmatic environmental impact statement for wind energy
development and incorporating any additional regional
analyses that have been completed by Federal agencies since
the programmatic environmental impact statement was
finalized.
(e) No Effect on Processing Applications.--Any requirements
to prepare a supplement to a programmatic environmental
impact statement under this section shall not result in any
delay in processing a pending application for a renewable
energy project.
(f) Coordination.--In developing a supplement required by
this section, the Secretary shall coordinate, on an ongoing
basis, with appropriate State, Tribal, and local governments,
transmission infrastructure owners and operators, developers,
and other appropriate entities to ensure that priority areas
identified by the Secretary are--
(1) economically viable (including having access to
existing and/or planned transmission lines);
(2) likely to avoid or minimize impacts to habitat for
animals and plants, recreation, cultural resources, and other
uses of covered land; and
(3) consistent with section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712), including
subsection (c)(9) of that section (43 U.S.C. 1712(c)(9)).
SEC. 2603. ENVIRONMENTAL REVIEW ON COVERED LAND.
(a) In General.--If the Secretary determines that a
proposed renewable energy project has been sufficiently
analyzed by a programmatic environmental impact statement
conducted under section 2602(d), the Secretary shall not
require any additional review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
The Secretary shall publish any such project determinations
on a publicly available website.
(b) Additional Environmental Review.--If the Secretary
determines that additional environmental review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) is necessary for a proposed renewable energy project,
the Secretary shall rely on the analysis in the programmatic
environmental impact statement conducted under section
2602(d), to the maximum extent practicable when analyzing the
potential impacts of the project.
(c) Relationship to Other Law.--Nothing in this section
modifies or supersedes any requirement under applicable law.
SEC. 2604. PROGRAM TO IMPROVE RENEWABLE ENERGY PROJECT PERMIT
COORDINATION.
(a) Establishment.--The Secretary shall establish a
national Renewable Energy Coordination Office and State,
district, or field offices with responsibility to establish
and implement a program to improve Federal permit
coordination with respect to renewable energy projects on
covered land and other activities deemed necessary by the
Secretary. In carrying out the program, the Secretary may
temporarily assign qualified staff to Renewable Energy
Coordination Offices to expedite the permitting of renewable
energy projects.
(b) Memorandum of Understanding.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall enter into a
memorandum of understanding for purposes of this section,
including to specifically expedite the environmental analysis
of applications for projects proposed in a variance area or a
priority area, with the Secretary of Defense.
(2) State and tribal participation.--The Secretary may
request the Governor of any interested State or any Tribal
leader of any interested Indian Tribe (as defined in section
4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304)) to be a signatory to the memorandum of
understanding under paragraph (1).
(c) Designation of Qualified Staff.--
(1) In general.--Not later than 30 days after the date on
which the memorandum of understanding under subsection (b) is
executed, all Federal signatories, as appropriate, shall
identify for each of the Bureau of Land Management Renewable
Energy Coordination Offices one or more employees who have
expertise in the regulatory issues relating to the office in
which the employee is employed, including, as applicable,
particular expertise in--
(A) consultation regarding, and preparation of, biological
opinions under section 7 of the Endangered Species Act of
1973 (16 U.S.C. 1536);
(B) permits under section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344);
(C) regulatory matters under the Clean Air Act (42 U.S.C.
7401 et seq.);
(D) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(E) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
(F) the preparation of analyses under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(G) implementation of the requirements of section 306108 of
title 54, United States Code (formerly known as section 106
of the National Historic Preservation Act);
(H) the Bald and Golden Eagle Protection Act (16 U.S.C. 668
through 668d); and
(I) section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753 and 102101 of title 54 , United
States Code (previously known as the ``National Park Service
Organic Act'').
(2) Duties.--Each employee assigned under paragraph (1)
shall--
(A) be responsible for addressing all issues relating to
the jurisdiction of the home office or agency of the
employee; and
(B) participate as part of the team of personnel working on
proposed energy projects, planning, monitoring, inspection,
enforcement, and environmental analyses.
(d) Additional Personnel.--The Secretary may assign such
additional personnel for the Bureau of Land Management
Renewable Energy Coordination Offices as are necessary to
ensure the effective implementation of any programs
administered by the offices in accordance with the multiple
use mandate of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.).
(e) Clarification of Existing Authority.--Under section 307
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1737), the Bureau of Land Management may--
(1) accept donations for the purposes of public lands
management; and
(2) accept donations from renewable energy companies
working on public lands to help cover the costs of
environmental reviews.
(f) Report to Congress.--
(1) In general.--Not later than February 1 of the first
fiscal year beginning after the date of the enactment of this
Act, and each February 1 thereafter, the Secretary shall
submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Natural Resources of the
House of Representatives a report describing the progress
made under the program established under subsection (a)
during the preceding year.
(2) Inclusions.--Each report under this subsection shall
include--
(A) projections for renewable energy production and
capacity installations; and
(B) a description of any problems relating to leasing,
permitting, siting, or production.
SEC. 2605. INCREASING ECONOMIC CERTAINTY.
(a) Considerations.--The Secretary is authorized to and
shall consider acreage rental rates, capacity fees, and other
recurring annual fees in total when evaluating existing rates
paid for the use of Federal land by renewable energy
projects.
(b) Increases in Base Rental Rates.--Once a base rental
rate is established upon the issuance of a right-of-way
authorization, increases in the base rent shall be limited to
the Implicit Price Deflator-Gross Domestic Product (IPD-GDP)
index for the entire term of the right-of-way authorization.
(c) Reductions in Base Rental Rates.--The Secretary is
authorized to reduce acreage rental rates and capacity fees,
or both, for existing and new wind and solar authorizations
if the Secretary determines--
(1) that the existing rates--
(A) exceed fair market value;
(B) impose economic hardships;
(C) limit commercial interest in a competitive lease sale
or right-of-way grant; or
(D) are not competitively priced compared to other
available land; or
(2) that a reduced rental rate or capacity fee is necessary
to promote the greatest use of wind and solar energy
resources, especially those resources inside priority areas.
Rental rates and capacity fees for projects that are within
the boundaries of a Designated Leasing Area but not formally
recognized as being in such an area shall be equivalent to
rents and fees for new leases inside of a Designated Leasing
Area.
[[Page H4806]]
SEC. 2606. RENEWABLE ENERGY GOAL.
The Secretary shall seek to issue permits that, in total,
authorize production of not less than 25 gigawatts of
electricity from wind, solar, and geothermal energy projects
by not later than 2025, through management of public lands
and administration of Federal laws.
SEC. 2607. 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 subsection (c) by the holder of the oil and gas
lease--
``(A) on a determination that geothermal energy will be
produced from a well producing or capable of producing oil
and gas; and
``(B) in order to provide for the coproduction of
geothermal energy with oil and gas.''.
SEC. 2608. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR
DEVELOPMENT OF GEOTHERMAL RESOURCES.
Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C.
1003(b)) is further amended by adding at the end the
following:
``(5) Adjoining land.--
``(A) Definitions.--In this paragraph:
``(i) Fair market value per acre.--The term `fair market
value per acre' means a dollar amount per acre that--
``(I) except as provided in this clause, shall be equal to
the market value per acre (taking into account the
determination under subparagraph (B)(iii) regarding a valid
discovery on the adjoining land) as determined by the
Secretary under regulations issued under this paragraph;
``(II) shall be determined by the Secretary with respect to
a lease under this paragraph, by not later than the end of
the 180-day period beginning on the date the Secretary
receives an application for the lease; and
``(III) shall be not less than the greater of--
``(aa) 4 times the median amount paid per acre for all land
leased under this Act during the preceding year; or
``(bb) $50.
``(ii) Industry standards.--The term `industry standards'
means the standards by which a qualified geothermal
professional assesses whether downhole or flowing temperature
measurements with indications of permeability are sufficient
to produce energy from geothermal resources, as determined
through flow or injection testing or measurement of lost
circulation while drilling.
``(iii) Qualified federal land.--The term `qualified
Federal land' means land that is otherwise available for
leasing under this Act.
``(iv) Qualified geothermal professional.--The term
`qualified geothermal professional' means an individual who
is an engineer or geoscientist in good professional standing
with at least 5 years of experience in geothermal
exploration, development, or project assessment.
``(v) Qualified lessee.--The term `qualified lessee' means
a person who may hold a geothermal lease under this Act
(including applicable regulations).
``(vi) Valid discovery.--The term `valid discovery' means a
discovery of a geothermal resource by a new or existing slim
hole or production well, that exhibits downhole or flowing
temperature measurements with indications of permeability
that are sufficient to meet industry standards.
``(B) Authority.--An area of qualified Federal land that
adjoins other land for which a qualified lessee holds a legal
right to develop geothermal resources may be available for a
noncompetitive lease under this section to the qualified
lessee at the fair market value per acre, if--
``(i) the area of qualified Federal land--
``(I) consists of not less than 1 acre and not more than
640 acres; and
``(II) is not already leased under this Act or nominated to
be leased under subsection (a);
``(ii) the qualified lessee has not previously received a
noncompetitive lease under this paragraph in connection with
the valid discovery for which data has been submitted under
clause (iii)(I); and
``(iii) sufficient geological and other technical data
prepared by a qualified geothermal professional has been
submitted by the qualified lessee to the applicable Federal
land management agency that would lead individuals who are
experienced in the subject matter to believe that--
``(I) there is a valid discovery of geothermal resources on
the land for which the qualified lessee holds the legal right
to develop geothermal resources; and
``(II) that geothermal feature extends into the adjoining
areas.
``(C) Determination of fair market value.--
``(i) In general.--The Secretary shall--
``(I) publish a notice of any request to lease land under
this paragraph;
``(II) determine fair market value for purposes of this
paragraph in accordance with procedures for making those
determinations that are established by regulations issued by
the Secretary;
``(III) provide to a qualified lessee and publish, with an
opportunity for public comment for a period of 30 days, any
proposed determination under this subparagraph of the fair
market value of an area that the qualified lessee seeks to
lease under this paragraph; and
``(IV) provide to the qualified lessee and any adversely
affected party the opportunity to appeal the final
determination of fair market value in an administrative
proceeding before the applicable Federal land management
agency, in accordance with applicable law (including
regulations).
``(ii) Limitation on nomination.--After publication of a
notice of request to lease land under this paragraph, the
Secretary may not accept under subsection (a) any nomination
of the land for leasing unless the request has been denied or
withdrawn.
``(iii) Annual rental.--For purposes of section 5(a)(3), a
lease awarded under this paragraph shall be considered a
lease awarded in a competitive lease sale.
``(D) Regulations.--Not later than 270 days after the date
of the enactment of this paragraph, the Secretary shall issue
regulations to carry out this paragraph.''.
SEC. 2609. SAVINGS CLAUSE.
Notwithstanding any other provision of this subtitle, the
Secretary shall continue to manage public lands under the
principles of multiple use and sustained yield in accordance
with title I of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.), including due consideration of
mineral and nonrenewable energy-related projects and other
nonrenewable energy uses, for the purposes of land use
planning, permit processing, and conducting environmental
reviews.
TITLE III--CARBON POLLUTION REDUCTION TECHNOLOGIES
Subtitle A--Fossil Energy Research and Development
SEC. 3101. DEFINITIONS.
For purposes of this part:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3102. FOSSIL ENERGY OBJECTIVES.
Section 961 of the Energy Policy Act of 2005 (42 U.S.C.
16291) is amended--
(1) in subsection (a)--
(A) by striking paragraph (2) and inserting the following:
``(2) Decreasing the cost of emissions control technologies
for fossil energy production, generation, and delivery.'';
(B) by striking paragraph (7) and inserting the following:
``(7) Increasing the export of emissions control
technologies from the United States for fossil energy-related
equipment, technology, and services.''; and
(C) by adding at the end the following:
``(8) Improving the conversion, use, and storage of carbon
oxides.
``(9) Lowering greenhouse gas emissions for all fossil fuel
production, generation, delivery, and utilization, to the
maximum extent possible.
``(10) Preventing, predicting, monitoring, and mitigating
the unintended leaking of methane, carbon dioxide, or other
fossil fuel-related emissions into the atmosphere.
``(11) Improving the separation and purification of helium
from fossil fuel resources.
``(12) Reducing water use, improving water reuse, and
minimizing the surface and subsurface environmental impact in
the development of unconventional domestic oil and natural
gas resources.
``(13) 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.'';
(2) by striking subsections (c) through (e) and inserting
the following:
``(c) Prioritization.--In carrying out this section, the
Secretary shall prioritize technologies and strategies that
have the potential to meet emissions reduction goals in the
agreement of the twenty-first session of the Conference of
the Parties to the United Nations Framework Convention on
Climate Change.
``(d) Limitation.--None of the funds authorized under this
section may be used for Fossil Energy Environmental
Restoration or Import/Export Authorization.''.
SEC. 3103. CARBON CAPTURE TECHNOLOGIES.
(a) Carbon Capture Program.--Section 962 of the Energy
Policy Act of 2005 (42 U.S.C. 16292) is amended to read as
follows:
``SEC. 962. CARBON CAPTURE TECHNOLOGIES.
``(a) In General.--The Secretary shall conduct a program of
research, development, demonstration, and commercial
application of carbon capture technologies, which shall
include facilitation of the development and use of--
``(1) carbon capture technologies for coal and natural gas;
``(2) innovations to significantly decrease emissions at
existing power plants;
``(3) innovations to significantly decrease emissions in
manufacturing and industrial applications; and
``(4) advanced separation technologies.
``(b) Investment.--As a part of the program under
subsection (a), the Secretary shall maintain robust
investments in carbon capture technologies for coal and
natural gas applications.
``(c) Large-Scale Pilots.--In carrying out this section,
the Secretary is encouraged to support pilot projects that
test carbon capture technologies on coal and natural gas
power and industrial systems below the 100 megawatt scale,
consistent with section 988(b).
``(d) Cost and Performance Goals.--In carrying out the
program under subsection (a), the Secretary shall establish
cost and performance goals to assist in the transition of
carbon capture research to commercially viable technologies.
``(e) Carbon Capture Pilot Test Centers.--
``(1) In general.--As a part of the program under
subsection (a), not later than 1 year after the date of the
enactment of this section, the Secretary shall award grants
to eligible entities
[[Page H4807]]
for the operation of not less than three Carbon Capture Test
Centers (in this subsection, known as the `Centers') to
provide unique testing capabilities for innovative carbon
capture technologies for power and industrial systems.
``(2) Purpose.--Each Center shall--
``(A) advance research, development, demonstration, and
commercial application of carbon capture technologies for
power and industrial systems; and
``(B) test technologies that represent the scale of
technology development beyond laboratory testing, but not yet
advanced to testing under operational conditions at
commercial scale.
``(3) Application.--An entity seeking to operate a Center
under this subsection shall submit to the Secretary an
application at such time and in such manner as the Secretary
may require.
``(4) Priority criteria.--In selecting applications to
operate a Center under this subsection, the Secretary shall
prioritize applicants that--
``(A) have access to existing or planned research
facilities with modular technology capabilities;
``(B) are institutions of higher education with established
expertise in engineering and design for carbon capture
technologies, or partnerships with such institutions;
``(C) have access to existing research and test facilities
for pre-combustion, post-combustion, or oxy-combustion
technologies; or
``(D) have test capabilities to address scaling challenges
of integrating carbon capture technologies with utility scale
power plants.
``(5) Considerations.--In awarding grants for the operation
of the Centers under this subsection, the Secretary shall
ensure that--
``(A) the portfolio of Centers includes a diverse
representation of regional and resource characteristics; and
``(B) each new Center demonstrates unique research
capabilities, unique regional benefits, or new technology
development opportunities.
``(6) Schedule.--Each grant to operate a Center under this
subsection shall be awarded for a term of not more than 5
years, subject to the availability of appropriations. The
Secretary may renew such 5-year term without limit, subject
to a rigorous merit review.
``(7) Termination.--To the extent otherwise authorized by
law, the Secretary may eliminate a Center during any 5-year
term described in paragraph (6) if such Center is
underperforming.
``(f) Demonstrations.--
``(1) In general.--As a part of the program under
subsection (a), the Secretary may provide grants for large-
scale demonstration projects for power and industrial systems
that test 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
the technology at commercial scale, in accordance with this
subsection.
``(2) Engineering and design studies.--The Secretary is
authorized to fund front-end engineering and design studies
in addition to, or in advance of, issuing an award for a
demonstration project under this subsection.
``(3) Application.--An entity seeking an award to conduct a
demonstration project under this subsection shall submit to
the Secretary an application at such time and in such manner
as the Secretary may require.
``(4) Limitations.--The Secretary shall only provide an
award under this subsection after reviewing each applicant
and application regarding--
``(A) financial strength;
``(B) construction schedule;
``(C) market risk; and
``(D) contractor history.
``(5) Requirements.--A demonstration project funded under
this subsection shall--
``(A) utilize technologies that have completed pilot-scale
testing or the equivalent, as determined by the Secretary;
``(B) secure and maintain agreements for the utilization or
sequestration of captured carbon dioxide; and
``(C) upon completion, demonstrate carbon capture
technologies on a power or industrial system capable of
capturing not less than 100,000 tons of carbon dioxide
annually.
``(g) Definition of Power System.--In this section, the
term `power system' means any electricity generating unit
that utilizes fossil fuels to generate electricity provided
to the electric grid or directly to a consumer.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary for activities
under subsections (a) through (f)--
``(1) $300,000,000 for fiscal year 2021;
``(2) $315,000,000 for fiscal year 2022;
``(3) $330,750,000 for fiscal year 2023;
``(4) $347,288,000 for fiscal year 2024; and
``(5) $364,652,000 for fiscal year 2025.
``(i) Commercial Demonstration.--
``(1) In general.--The Secretary shall establish a carbon
capture technology commercialization program to improve the
efficiency, effectiveness, cost, and environmental
performance of such technologies for power, industrial,
transportation, and other commercial applications. Such
program shall include funding for commercial carbon capture
technology projects for up to five demonstrations of a
particular technology type.
``(2) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$1,500,000,000 for each of fiscal years 2021 through 2025.''.
(b) GAO Study.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a report on the
results of a study of the Department's successes, failures,
practices, and improvements in carrying out demonstration
projects for carbon capture technologies for power and
industrial systems. In conducting the study, the Comptroller
General shall consider--
(A) applicant and contractor qualifications;
(B) project management practices at the Department;
(C) economic or market changes and other factors impacting
project viability;
(D) completion of third-party agreements, including power
purchase agreements and carbon dioxide offtake agreements;
(E) regulatory challenges; and
(F) construction challenges.
(2) Consideration.--The Secretary shall consider any
relevant recommendations, as determined by the Secretary,
provided in the report required under paragraph (1), and
shall adopt such recommendations as the Secretary considers
appropriate.
(3) Power system defined.--In this section, the term
``power system'' means any electricity generating unit that
utilizes fossil fuels to generate electricity provided to the
electric grid or directly to a consumer.
SEC. 3104. NATURAL GAS CARBON CAPTURE RESEARCH, DEVELOPMENT,
AND DEMONSTRATION PROGRAM.
(a) 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. NATURAL GAS CARBON CAPTURE RESEARCH, DEVELOPMENT,
AND DEMONSTRATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Natural gas.--The term `natural gas' includes 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; or
``(D) any mixture of natural gas and synthetic gas.
``(2) Qualifying electric generation facility.--The term
`qualifying electric generation facility' means a facility
that generates electric energy through the use of natural gas
or a facility that generates hydrogen from natural gas.
``(3) Qualifying technology.--The term `qualifying
technology' means any technology to capture carbon dioxide
produced during the generation of electricity from natural
gas power systems or during the generation of hydrogen from
natural gas.
``(b) Establishment of Research, Development, and
Demonstration Program.--
``(1) In general.--The Secretary shall establish a program
under which the Secretary shall, through a competitive,
merit-reviewed process, award grants to eligible entities to
conduct research, development, and demonstration of
qualifying technologies.
``(2) Objectives.--The objectives of the program
established under paragraph (1) shall be--
``(A) to conduct research to accelerate the development of
qualifying technologies to reduce the quantity of carbon
dioxide emissions released from qualifying electric
generation facilities, including--
``(i) pre- and post-combustion capture technologies; and
``(ii) technologies to improve the thermodynamics,
kinetics, scalability, durability, and flexibility of carbon
capture technologies for use during the generation of
electricity from natural gas power systems;
``(B) to expedite and carry out demonstration projects
(including pilot projects) for qualifying technologies in
partnership with qualifying electric generation facilities in
order to demonstrate the technical feasibility and economic
potential for commercial deployment of technologies developed
pursuant to subparagraph (A); and
``(C) to identify any barriers to the commercial deployment
of any qualifying technologies under development pursuant to
research conducted pursuant to subparagraph (A).
``(3) Eligible entities.-- An entity eligible to receive a
grant under this subsection is--
``(A) a National Laboratory;
``(B) an institution of higher education;
``(C) a research facility;
``(D) a multi-institutional collaboration; or
``(E) another appropriate entity or combination of any of
the entities specified in subparagraphs (A) through (D).
``(c) Carbon Capture Facilities Demonstration Program.--
``(1) Establishment.--As part of the program established
under paragraph (1), the Secretary shall establish a
demonstration program under which the Secretary shall,
through a competitive, merit-reviewed process, enter into
cooperative agreements with entities that submit applications
pursuant to paragraph (4) for demonstration or pilot projects
to construct and operate, by not later than September 30,
2025, up to five facilities to capture carbon dioxide from
qualifying electric generation facilities. The Secretary
shall, to the maximum extent practicable, provide technical
assistance to any entity seeking to enter into such a
cooperative agreement in obtaining any necessary permits and
licenses to demonstrate qualifying technologies.
``(2) Cooperative agreements.--The Secretary may enter into
a cooperative agreement under this subsection with industry
stakeholders, including any such industry stakeholder
operating in partnership with National Laboratories,
institutions of higher education, multi-institutional
collaborations, and other appropriate entities.
``(3) Goals.--Each demonstration or pilot project carried
out pursuant to the demonstration program under this
subsection shall--
``(A) be designed to further the development of qualifying
technologies that may be used by a qualifying electric
generation facility;
``(B) be financed in part by the private sector;
``(C) if necessary, secure agreements for the offtake of
carbon dioxide emissions captured by qualifying technologies
during the project; and
``(D) support energy production in the United States.
[[Page H4808]]
``(4) Request for applications.--Not later than 120 days
after the date of enactment of this Act, the Secretary shall
solicit applications for cooperative agreements for
projects--
``(A) to demonstrate qualifying technologies at up to five
qualifying electric generation facilities; and
``(B) to construct and operate three or more facilities to
capture carbon dioxide from a qualifying electric generation
facility.
``(5) Review of applications.--In considering applications
submitted under paragraph (4), the Secretary, to the maximum
extent practicable, shall--
``(A) ensure a broad geographic distribution of project
sites;
``(B) ensure that a broad selection of qualifying electric
generation facilities are represented;
``(C) ensure that a broad selection of qualifying
technologies are represented;
``(D) require information and knowledge gained by each
participant in the demonstration program to be transferred
and shared among all participants in the demonstration
program; and
``(E) leverage existing--
``(i) public-private partnerships; and
``(ii) Federal resources.
``(d) Cost Sharing.--In carrying out this section, the
Secretary shall require cost sharing in accordance with
section 988.
``(e) Report.--Not later than 180 days after the date on
which the Secretary solicits applications under subsection
(c)(3), and annually thereafter, the Secretary shall submit
to the appropriate committees of jurisdiction of the Senate
and the House of Representatives a report that includes--
``(1) a detailed description of how applications for
cooperative agreements under subsection (b) will be solicited
and evaluated, including--
``(A) a list of any activities carried out by the Secretary
to solicit or evaluate applications; and
``(B) a process for ensuring that any projects carried out
under a cooperative agreement are designed to result in the
development or demonstration of qualifying technologies;
``(2)(A) in the case of the first report under this
subsection, a detailed list of technical milestones for the
development and demonstration of each qualifying technology
pursued under subsection (b); and
``(B) in the case of each subsequent report under this
subsection, the progress made towards achieving such
technical milestones during the period covered by the report;
and
``(3) with respect to the demonstration program established
under subsection (c), includes--
``(A) an estimate of the cost of licensing, permitting,
constructing, and operating each carbon capture facility
expected to be constructed under that demonstration program;
``(B) a schedule for the planned construction and operation
of each demonstration or pilot project; and
``(C) an estimate of any financial assistance,
compensation, or incentives proposed to be paid by the host
State, Indian Tribe, or local government with respect to each
facility.
``(f) There are authorized to be appropriated to the
Secretary to carry out this section $50,000,000, to remain
available until expended, 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. 600)
is amended by inserting after the item relating to section
968 the following:
``Sec. 969. Natural gas carbon capture research, development, and
demonstration program.''.
SEC. 3105. CARBON STORAGE VALIDATION AND TESTING.
Section 963 of the Energy Policy Act of 2005 (42 U.S.C.
16293) is amended to read as follows:
``SEC. 963. CARBON STORAGE VALIDATION AND TESTING.
``(a) Carbon Storage.--The Secretary, in consultation with
the Administrator of the Environmental Protection Agency,
shall carry out a program of research, development, and
demonstration for carbon storage. The program shall--
``(1) in coordination with relevant Federal agencies,
develop and maintain mapping tools and resources that assess
the capacity of geologic storage formations in the United
States;
``(2) develop monitoring tools, modeling of geologic
formations, and analyses to predict and verify carbon dioxide
containment and account for sequestered carbon dioxide in
geologic storage sites;
``(3) research potential environmental, safety, and health
impacts in the event of a leak to the atmosphere or to an
aquifer, and any corresponding mitigation actions or
responses to limit harmful consequences;
``(4) evaluate the interactions of carbon dioxide with
formation solids and fluids, including the propensity of
injections to induce seismic activity;
``(5) assess and ensure the safety of operations related to
geologic sequestration of carbon dioxide;
``(6) determine the fate of carbon dioxide concurrent with
and following injection into geologic formations;
``(7) support cost and business model assessments to
examine the economic viability of technologies and systems
developed under this program; and
``(8) provide information to State, local, and Tribal
governments, the Environmental Protection Agency, and other
appropriate entities, to support development of a regulatory
framework for commercial-scale sequestration operations that
ensure the protection of human health and the environment.
``(b) Geologic Settings.--In carrying out research
activities under this section, the Secretary shall consider a
variety of candidate geologic settings, both onshore and
offshore, including--
``(1) operating oil and gas fields;
``(2) depleted oil and gas fields;
``(3) residual oil zones;
``(4) unconventional reservoirs and rock types;
``(5) unmineable coal seams;
``(6) saline formations in both sedimentary and basaltic
geologies;
``(7) geologic systems that may be used as engineered
reservoirs to extract economical quantities of brine from
geothermal resources of low permeability or porosity; and
``(8) geologic systems containing in situ carbon dioxide
mineralization formations.
``(c) Regional Carbon Sequestration Partnerships.--
``(1) In general.--The Secretary shall carry out large-
scale carbon sequestration demonstrations for geologic
containment of carbon dioxide to collect and validate
information on the cost and feasibility of commercial
deployment of technologies for the geologic containment of
carbon dioxide. The Secretary may fund new demonstrations or
expand the work completed at one or more of the existing
regional carbon sequestration partnerships.
``(2) Demonstration components.--Each demonstration
described in paragraph (1) shall include longitudinal tests
involving carbon dioxide injection and monitoring,
mitigation, and verification operations.
``(3) Clearinghouse.--The National Energy Technology
Laboratory shall act as a clearinghouse of shared information
and resources for the regional carbon sequestration
partnerships and any new demonstrations funded under this
section.
``(4) Report.--Not later than 1 year after the date of
enactment of this section, the Secretary shall provide to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report that--
``(A) assesses the progress of all regional carbon
sequestration partnerships;
``(B) identifies the remaining challenges in achieving
carbon sequestration that is reliable and safe for the
environment and public health; and
``(C) creates a roadmap for Department of Energy carbon
storage research and development activities through 2030 with
the goal of reducing economic and policy barriers to
commercial carbon sequestration.
``(5) Large-scale carbon sequestration.--For purposes of
this subsection, `large-scale carbon sequestration' means a
scale that demonstrates the ability to inject and sequester
several million metric tons carbon dioxide for at least 10
years.
``(d) Integrated Storage Projects.--The Secretary may carry
out a program for the purpose of transitioning the large-
scale carbon sequestration demonstration projects under
subsection (c) into integrated, commercial storage complexes.
The program shall focus on--
``(1) qualifying geologic storage sites in order to accept
large volumes of carbon dioxide acceptable for commercial
contracts;
``(2) understanding the technical and commercial viability
of storage sites;
``(3) developing the qualification processes that will be
necessary for a diverse range of geologic storage sites to
commercially accept carbon dioxide; and
``(4) any other activities the Secretary determines
necessary to transition the large scale demonstration storage
projects into commercial ventures.
``(e) Cost Sharing.--The Secretary shall require cost
sharing under this section in accordance with section 988.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary for activities
under this section--
``(1) $620,000,000 for fiscal year 2021;
``(2) $626,000,000 for fiscal year 2022;
``(3) $632,300,000 for fiscal year 2023;
``(4) $638,915,000 for fiscal year 2024; and
``(5) $645,860,750 for fiscal year 2025.''.
SEC. 3106. CARBON UTILIZATION.
(a) Program.--Subtitle F of title IX of the Energy Policy
Act of 2005 (42 U.S.C. 16291 et seq.), as amended by this
Act, is amended by adding at the end the following:
``SEC. 970. CARBON UTILIZATION.
``(a) In General.--The Secretary shall carry out a program
of research, development, and demonstration for carbon
utilization. The program shall--
``(1) assess and monitor potential changes in life cycle
carbon dioxide and other greenhouse gas emissions, and other
environmental safety indicators of new technologies,
practices, processes, or methods, used in enhanced
hydrocarbon recovery as part of the activities authorized in
section 963 of the Energy Policy Act of 2005 (42 U.S.C.
16293);
``(2) identify and evaluate novel uses for carbon,
including the conversion of carbon oxides, in a manner that,
on a full life-cycle basis, achieves a permanent reduction
in, or avoidance of a net increase in carbon dioxide in the
atmosphere, for use in commercial and industrial products,
such as--
``(A) chemicals;
``(B) plastics;
``(C) building materials;
``(D) fuels;
``(E) cement;
``(F) products of coal utilization in power systems (as
such term is defined in section 962(e)), or other
applications; or
``(G) other products with demonstrated market value;
``(3) carbon capture technologies for industrial systems;
``(4) identify and assess alternative uses for coal that
result in no net emissions of carbon dioxide or other
pollutants, including products derived from carbon
engineering, carbon fiber, and coal conversion methods.
[[Page H4809]]
``(b) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary for activities
under this section--
``(1) $30,000,000 for fiscal year 2021;
``(2) $31,500,000 for fiscal year 2022;
``(3) $33,075,000 for fiscal year 2023;
``(4) $34,729,000 for fiscal year 2024; and
``(5) $36,465,000 for fiscal year 2025.''.
(b) Study.--The Secretary shall enter into an agreement
with the National Academies to conduct a study assessing the
barriers, and opportunities related to the commercial
application of carbon dioxide in the United States. Such
study shall--
(1) analyze the technical feasibility, related challenges,
and impacts to commercializing carbon dioxide, including--
(A) creating a national system of carbon dioxide pipelines
and geologic sequestration sites;
(B) mitigating environmental and landowner impacts; and
(C) regional economic challenges and opportunities;
(2) identify potential markets, industries, or sectors that
may benefit from greater access to commercial carbon dioxide;
(3) assess the current state of infrastructure and any
necessary updates to allow for the integration of safe and
reliable carbon dioxide transportation, utilization, and
storage;
(4) estimate the economic, climate, and environmental
impacts of any well-integrated national carbon dioxide
pipeline system, including suggestions for policies that
could improve the economic impact of the system;
(5) assess the global status and progress of carbon
utilization technologies (both chemical and biological) in
practice today that utilize waste carbon (including carbon
dioxide, carbon monoxide, methane, and biogas) from power
generation, biofuels production, and other industrial
processes that may be important to minimizing net greenhouse
gas emissions;
(6) identify emerging technologies and approaches for
carbon utilization that show promise for scale-up,
demonstration, deployment, and commercialization relevant to
minimizing net greenhouse gas emissions;
(7) analyze the factors associated with making carbon
utilization technologies that may be important to minimizing
net greenhouse gas emissions viable at a commercial scale,
including carbon waste stream availability, economics, market
capacity, energy and lifecycle requirements;
(8) assess the major technical challenges associated with
increasing the commercial viability of carbon reuse
technologies, and identify the research and development
questions that will address those challenges;
(9) assess current research efforts, including engineering
and computational, that are addressing these challenges and
identify gaps in the current research portfolio; and
(10) develop a comprehensive research agenda that addresses
both long- and short-term research needs and opportunities
for technologies that may be important to minimizing net
greenhouse gas emissions.
SEC. 3107. ADVANCED ENERGY SYSTEMS.
Subtitle F of title IX of the Energy Policy Act of 2005 (42
U.S.C. 16291 et seq.), as amended by this Act, is further
amended by adding at the end the following:
``SEC. 970A. ADVANCED ENERGY SYSTEMS.
``(a) In General.--The Secretary shall conduct a program,
with the purpose of reducing emissions from fossil fuel power
generation by not less than 50 percent, of research,
development, demonstration, and commercial application with
respect to the following:
``(1) High-efficiency turbines in accordance with the
program under section 970A-1.
``(2) Supercritical and ultrasupercritical carbon dioxide,
with an emphasis on developing directly-fired and indirectly
fired cycles in the next 10 years.
``(3) Advanced combustion systems, including oxy-combustion
systems and chemical looping.
``(4) Fuel cell technologies for low-cost, high-efficiency,
fuel-flexible, modular power systems, including solid oxide
fuel cell technology for commercial, residential, and
distributed generation systems, using improved manufacturing
production and processes.
``(5) Gasification systems to enable carbon capture,
improve efficiency, and reduce capital and operating costs.
``(6) Thermal cycling with ramping or rapid black start
capabilities that do not compromise efficiency or
environmental performance.
``(7) Small-scale and modular coal-fired technologies with
reduced carbon outputs or carbon capture that can support
incremental power generation capacity additions.
``(b) Priority.--In carrying out the program under
subsection (a), the Secretary is encouraged to prioritize
transformational technologies that enable a step change in
reduction of emissions as compared to the technology in
existence on the date of enactment of this section.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary for activities
under this section and section 970A-1--
``(1) $150,000,000 for fiscal year 2021;
``(2) $157,500,000 for fiscal year 2022;
``(3) $165,375,000 for fiscal year 2023;
``(4) $173,643,750 for fiscal year 2024; and
``(5) $182,325,938 for fiscal year 2025.
``SEC. 970A-1. HIGH EFFICIENCY GAS TURBINES.
``(a) In General.--The Secretary of Energy, through the
Office of Fossil Energy, shall carry out a multiyear,
multiphase program of research, development, and technology
demonstration to improve the efficiency of gas turbines used
in power generation systems and to identify the technologies
that ultimately will lead to gas turbine combined cycle
efficiency of 67 percent or simple cycle efficiency of 50
percent.
``(b) Program Elements.--The program under this section
shall--
``(1) support first-of-a-kind engineering and detailed gas
turbine design for megawatt-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 three-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 so as to demonstrate technical and
economic feasibility; and
``(4) assess overall combined cycle and simple cycle system
performance.
``(c) Program Goals.--The goals of the multiphase program
established under subsection (a) shall be--
``(1) in phase I--
``(A) to develop the conceptual design of advanced high
efficiency gas turbines that can achieve at least 65-percent
combined cycle efficiency or 47-percent simple cycle
efficiency on a lower heating value basis; and
``(B) to develop and demonstrate the technology required
for advanced high efficiency gas turbines that can achieve at
least 65-percent combined cycle efficiency or 47-percent
simple cycle efficiency on a lower heating value basis; and
``(2) in phase II, to develop the conceptual design for
advanced high efficiency gas turbines that can achieve at
least 67-percent combined cycle efficiency or 50-percent
simple cycle efficiency on a lower heating value basis.
``(d) Proposals.--Not later than 180 days after the date of
enactment of this section, the Secretary shall solicit grant
and contract proposals from industry, small businesses,
universities, and other appropriate parties for conducting
activities under this Act. In selecting proposals, the
Secretary shall emphasize--
``(1) the extent to which the proposal will stimulate the
creation or increased retention of jobs in the United States;
and
``(2) the extent to which the proposal will promote and
enhance United States technology leadership.
``(e) Competitive Awards.--The provision of funding under
this section shall be on a competitive basis with an emphasis
on technical merit.
``(f) Cost Sharing.--Section 988 of the Energy Policy Act
of 2005 (42 U.S.C. 16352) shall apply to an award of
financial assistance made under this section.
``(g) Limits on Participation.--The limits on participation
applicable under section 999E of the Energy Policy Act of
2005 (42 U.S.C. 16375) shall apply to financial assistance
awarded under this section.''.
SEC. 3108. RARE EARTH ELEMENTS.
Subtitle F of title IX of the Energy Policy Act of 2005 (42
U.S.C. 16291 et seq.) is further amended by adding at the end
the following:
``SEC. 970B. RARE EARTH ELEMENTS.
``(a) In General.--In coordination with the relevant
Federal agencies, the Secretary shall conduct research to
develop and assess methods to separate and recover rare earth
elements and other strategic minerals and coproducts from
coal and coal byproduct streams. The program shall--
``(1) develop advanced rare earth element separation and
extraction processes using coal-based resources as feedstock
materials;
``(2) assess the technical and economic feasibility of
recovering rare earth elements from coal-based resources and
validate such feasibility with prototype systems producing
salable, high-purity rare earth elements from coal-based
resources; and
``(3) assess and mitigate any environmental and public
health impacts of recovering rare earth elements from coal-
based resources.
``(b) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary for activities
under this section--
``(1) $23,000,000 for fiscal year 2021;
``(2) $24,150,000 for fiscal year 2022;
``(3) $25,357,500 for fiscal year 2023;
``(4) $26,625,375 for fiscal year 2024; and
``(5) $27,956,644 for fiscal year 2025.''.
SEC. 3109. METHANE HYDRATE RESEARCH AMENDMENTS.
(a) Repeal.--Section 2 of the Methane Hydrate Research and
Development Act of 2000 (30 U.S.C. 2001) is repealed.
(b) Development.--Section 4 of the Methane Hydrate Research
and Development Act of 2000 (30 U.S.C. 2003) is amended by
striking ``and development'' in each place it occurs.
(c) In General.--Section 4(b) of the Methane Hydrate
Research and Development Act of 2000 (30 U.S.C. 2003(b)) is
amended to read as follows:
``(b) Grants, Contracts, Cooperative Agreements,
Interagency Funds Transfer Agreements, and Field Work
Proposals.--
``(1) Assistance and coordination.--In carrying out the
program of methane hydrate research authorized by this
section, the Secretary may award grants, or enter into
contracts or cooperative agreements to--
``(A) conduct research to assess and mitigate the
environmental impact of natural methane hydrate degassing;
[[Page H4810]]
``(B) conduct research to identify the environmental and
health impacts of methane hydrate development;
``(C) assess and develop technologies to mitigate
environmental impacts of natural methane hydrate degassing
and to mitigate environmental impacts of the exploration and
commercial development of methane hydrates, including through
the avoidance of the use of seismic testing; or
``(D) expand education and training programs in methane
hydrate research through fellowships or other means for
graduate education and training.
``(2) Environmental monitoring and research.--
``(A) In general.--The Secretary, Secretary of Commerce,
and Secretary of the Interior shall conduct a long-term
environmental monitoring and research program to study
methane hydrates.
``(B) Notice and comment.--In developing a plan for long-
term environmental monitoring and research under subparagraph
(A), the Secretaries shall publish in the Federal Register a
notice providing for an opportunity for the public to comment
on such plan prior to conducting monitoring and research
under such subparagraph.
``(3) Competitive peer review.--Funds made available to
carry out paragraphs (1) and (2) shall be made available
based on a competitive process using external scientific peer
review of proposed research.''.
(d) Responsibilities of the Secretary.--Section 4(e) of the
Methane Hydrate Research and Development Act of 2000 (30
U.S.C. 2003(e)) is amended to read as follows:
``(e) Responsibilities of the Secretary.--In carrying out
subsection (b)(1), the Secretary shall--
``(1) facilitate and develop partnerships among government,
industrial enterprises, and institutions of higher education
to research methane hydrates;
``(2) ensure that the data and information developed
through the program are accessible and widely disseminated as
needed and appropriate;
``(3) promote cooperation among agencies that are
developing technologies that may hold promise for methane
hydrate research;
``(4) report annually to Congress on the results of actions
taken to carry out this chapter; and
``(5) ensure, to the maximum extent practicable, greater
participation by the Department of Energy in international
cooperative efforts.''.
(e) Conforming Amendment.--Section 4(e) of such Act (30
U.S.C. 2003(e)) is amended in the matter preceding paragraph
(1) by striking ``subsection (b)(1)'' and inserting
``paragraphs (1) and (2) of subsection (b)''.
(f) Authorization of Appropriations.--Section 7 of such Act
(30 U.S.C. 2006) is amended to read as follows:
``SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary
to carry out this Act $15,000,000, to remain available until
expended, for each of fiscal years 2021 through 2025.''.
SEC. 3110. CARBON REMOVAL.
Subtitle F of title IX of the Energy Policy Act of 2005 (42
U.S.C. 16291 et seq.) is further amended by adding at the end
the following:
``SEC. 970C. CARBON REMOVAL.
``(a) Establishment.--The Secretary, in coordination with
the appropriate Federal agencies, shall establish a research,
development, and demonstration program to remove carbon
dioxide from the atmosphere on a large scale. The program may
include activities in--
``(1) direct air capture and storage technologies;
``(2) enhanced carbon mineralization;
``(3) bioenergy with carbon capture and sequestration;
``(4) agricultural and grazing practices;
``(5) forest management and afforestation; and
``(6) planned or managed carbon sinks, including natural
and artificial.
``(b) Prioritization.--In carrying out the program
established in subsection (a), the Secretary shall
prioritize--
``(1) the activities described in paragraphs (1) and (2) of
subsection (a), acting through the Assistant Secretary for
Fossil Energy; and
``(2) the activities described in subsection (a)(3), acting
through the Assistant Secretary for Energy Efficiency and
Renewable Energy and the Assistant Secretary for Fossil
Energy.
``(c) Considerations.--The program under this section shall
identify and develop carbon removal technologies and
strategies that consider the following:
``(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.
``(7) Economic co-benefits.
``(d) Accounting.--The Department shall collaborate with
the Environmental Protection Agency and other relevant
agencies to develop and improve accounting frameworks and
tools to accurately measure carbon removal and sequestration
methods and technologies across the Federal Government.
``(e) Air Capture Technology Prize.--Not later than 1 year
after the date of enactment of this Act, as part of the
program carried out under this section, the Secretary shall
carry out a program to award competitive technology prizes
for carbon dioxide capture from ambient air or water. In
carrying out this subsection, the Secretary shall--
``(1) in accordance with section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3719), develop
requirements for--
``(A) the prize competition process;
``(B) minimum performance standards for projects eligible
to participate in the prize competition; and
``(C) monitoring and verification procedures for projects
selected to receive a prize award;
``(2) establish minimum levels for the capture of carbon
dioxide from ambient air or water that are required to
qualify for a prize award; and
``(3) offer prize awards for any of the following:
``(A) A design for a promising 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.
``(B) A successful bench-scale demonstration of a capture
technology.
``(f) Commercial Direct Air Capture Prize.--
``(1) Definitions.--In this subsection:
``(A) Qualified carbon dioxide.--
``(i) In general.--The term `qualified carbon dioxide'
means any carbon dioxide that--
``(I) is captured directly from the ambient air; and
``(II) is measured at the source of capture and verified at
the point of disposal, injection, or utilization.
``(ii) Inclusion.--The term `qualified carbon dioxide'
includes the initial deposit of captured carbon dioxide used
as a tertiary injectant.
``(iii) Exclusion.--The term `qualified carbon dioxide'
does not include carbon dioxide that is recaptured, recycled,
and reinjected as part of the enhanced oil and natural gas
recovery process.
``(B) Qualified direct air capture facility.--
``(i) In general.--Subject to clause (ii), the term
`qualified direct air capture facility' means any facility
that--
``(I) uses carbon capture equipment to capture carbon
dioxide directly from the ambient air; and
``(II) captures more than 10,000 metric tons of qualified
carbon dioxide annually.
``(ii) Exclusion.--The term `qualified direct air capture
facility' does not include any facility that captures carbon
dioxide--
``(I) that is deliberately released from naturally
occurring subsurface springs; or
``(II) using natural photosynthesis.
``(2) Establishment.--Not later than 1 year after the date
of enactment of this section, the Secretary, in consultation
with the Administrator of the Environmental Protection
Agency, shall establish a commercial direct air capture prize
designed to significantly reward commercial applications of
direct air capture technologies.
``(3) Commercial direct air capture prize program.--
``(A) Awards.--Under the prize program, the Secretary shall
provide financial awards in a competitive setting equally for
each ton of qualified carbon dioxide captured by a qualified
direct air capture facility until appropriated funds are
expended. The prize per metric ton shall not exceed--
``(i) $180 for qualified carbon dioxide captured and stored
in saline storage formations;
``(ii) a lesser amount as determined by the Secretary for
qualified carbon dioxide captured and stored in conjunction
with enhanced oil recovery operations; or
``(iii) a lesser amount as determined by the Secretary for
qualified carbon dioxide captured and utilized in any
activity consistent with section 45Q(f)(5) of the Internal
Revenue Code of 1986.
``(B) Administration.--
``(i) Requirements.--Not later than 1 year after the date
of enactment of this section, the Administrator, in
consultation with the Secretary, shall submit requirements
for qualifying metric tons of carbon dioxide. In carrying out
this clause, the Administrator shall develop specific
requirements for--
``(I) the process of applying for prizes; and
``(II) the demonstration of performance of approved
projects.
``(ii) Determination.--For purposes of determining the
amount of metric tons of qualified carbon dioxide eligible
for prizes under clause (i), the amount shall be equal to the
net metric tons of carbon dioxide removal demonstrated by the
recipient, subject to the requirements set forth by the
Administrator under such clause.
``(C) Schedule of payment.--The Secretary shall award
prizes on an annual basis to qualified direct air capture
facilities for metric tons of qualified carbon dioxide
captured and verified at the point of disposal, injection, or
utilization.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$200,000,000 for the period of fiscal years 2021 through
2025, and $400,000,000 for the period of fiscal years 2026
through 2030, to remain available until expended.
``(g) Direct Air Capture Test Center.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall award grants
to one or more eligible entities for the operation of one or
more test centers (in this subsection, known as `Centers') 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 pilot plant and full-scale demonstration
projects and test technologies that represent the scale of
technology development beyond laboratory testing but not yet
advanced to test under operational conditions at commercial
scale;
``(C) develop front-end engineering design and economic
analysis; and
``(D) maintain a public record of pilot and full-scale
plant performance.
[[Page H4811]]
``(3) Priority criteria.--In selecting applications to
operate a Center under this subsection, the Secretary shall
prioritize applicants that--
``(A) have access to existing or planned research
facilities;
``(B) are institutions of higher education with established
expertise in engineering for direct air capture technologies,
or partnerships with such institutions; or
``(C) have access to existing research and test facilities
for bulk materials design and testing, component design and
testing, or professional engineering design.
``(4) Schedule.--Each grant to operate a Center under this
subsection shall be awarded for a term of not more than 5
years, subject to the availability of appropriations. The
Secretary may renew such 5-year term without limit, subject
to a rigorous merit review.
``(5) Termination.--To the extent otherwise authorized by
law, the Secretary may eliminate the center during any 5-year
term described in the last paragraph if it is
underperforming.
``(h) Large-scale Pilots and Demonstrations.--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.
``(i) Intra-Agency Research.--In carrying out the program
established in (a), the Secretary shall encourage and promote
collaborations among relevant offices and agencies within the
Department.
``(j) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary for activities
under this section--
``(1) $275,000,000 for fiscal year 2021, of which
$15,000,000 are authorized to carry out subsection (e) and of
which $200,000,000 are authorized to carry out subsection
(f);
``(2) $263,000,000 for fiscal year 2022, of which
$200,000,000 are authorized to carry out subsection (f);
``(3) $266,150,000 for fiscal year 2023, of which
$200,000,000 are authorized to carry out subsection (f);
``(4) $269,458,000 for fiscal year 2024, of which
$200,000,000 are authorized to carry out subsection (f); and
``(5) $272,930,000 for fiscal year 2025, of which
$200,000,000 are authorized to carry out subsection (f).''.
SEC. 3111. METHANE LEAK DETECTION AND MITIGATION.
Subtitle F of title IX of the Energy Policy Act of 2005 (42
U.S.C. 16291 et seq.) is further amended by adding at the end
the following:
``SEC. 970D. METHANE LEAK DETECTION AND MITIGATION.
``(a) In General.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency and
other appropriate Federal agencies, shall carry out a program
of methane leak detection and mitigation research,
development, demonstration, and commercial application for
technologies and methods that significantly reduce emissions.
In carrying out the program, the Secretary shall--
``(1) develop cooperative agreements with State or local
governments or private entities to provide technical
assistance to--
``(A) prevent or respond to methane leaks, including
detection, mitigation, and identification of leaks throughout
the natural gas infrastructure (which includes natural gas
storage, pipelines, and natural gas production sites); and
``(B) protect public health in the event of a major methane
leak;
``(2) promote demonstration and adoption of effective
methane emissions-reduction technologies in the private
sector;
``(3) in coordination with representatives from private
industry, State and local governments, and institutions of
higher education, create a publicly accessible resource for
best practices in the design, construction, maintenance,
performance, monitoring, and incident response for--
``(A) pipeline systems;
``(B) wells;
``(C) compressor stations;
``(D) storage facilities; and
``(E) other vulnerable infrastructure;
``(4) identify high-risk characteristics of pipelines,
wells, and materials, geologic risk factors, or other key
factors that increase the likelihood of methane leaks; and
``(5) in collaboration with private entities and
institutions of higher education, quantify and map
significant geologic methane seeps across the United States.
``(b) Considerations.--In carrying out the program under
this section, the Secretary shall consider the following:
``(1) Historical data of methane leaks.
``(2) Public health consequences.
``(3) Public safety.
``(4) Novel materials and designs for pipelines, compressor
stations, components, and wells (including casing, cement,
wellhead).
``(5) Regional geologic traits.
``(6) Induced and natural seismicity.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary for activities
under this section--
``(1) $22,000,000 for fiscal year 2021;
``(2) $23,100,000 for fiscal year 2022;
``(3) $24,255,000 for fiscal year 2023;
``(4) $25,467,750 for fiscal year 2024; and
``(5) $26,741,138 for fiscal year 2025.''.
SEC. 3112. WASTE GAS UTILIZATION.
Subtitle F of title IX of the Energy Policy Act of 2005 (42
U.S.C. 16291 et seq.) is further amended by adding at the end
the following:
``SEC. 970E. WASTE GAS UTILIZATION.
``The Secretary shall carry out a program of research,
development, and demonstration for waste gas utilization. The
program shall--
``(1) identify and evaluate novel uses for light
hydrocarbons, such as methane, ethane, propane, butane,
pentane, and hexane, produced during oil and shale gas
production, including the production of chemicals or
transportation fuels;
``(2) develop advanced gas conversion technologies that are
modular and compact, and may leverage advanced manufacturing
technologies;
``(3) support demonstration activities at operating oil and
gas facilities to test the performance and cost-effectiveness
of new gas conversion technologies; and
``(4) assess and monitor potential changes in life cycle
greenhouse gas emissions that may result from the use of
technologies developed under this program.''.
SEC. 3113. NATIONAL ENERGY TECHNOLOGY LABORATORY REFORMS.
(a) Special Hiring Authority for Scientific, Engineering,
and Project Management Personnel.--
(1) In general.--The Director of the National Energy
Technology Laboratory shall have the authority to--
(A) make appointments to positions in the Laboratory to
assist in meeting a specific project or research need,
without regard to civil service laws, of individuals who--
(i) have an advanced scientific or engineering background;
or
(ii) have a business background and can assist in specific
technology-to-market needs;
(B) fix the basic pay of any employee appointed under this
section at a rate not to exceed level II of the Executive
Schedule; and
(C) pay any employee appointed under this section payments
in addition to basic pay, except that the total amount of
additional payments paid to an employee under this subsection
for any 12-month period shall not exceed the least of--
(i) $25,000;
(ii) the amount equal to 25 percent of the annual rate of
basic pay of that employee; and
(iii) the amount of the limitation that is applicable for a
calendar year under section 5307(a)(1) of title 5, United
States Code.
(2) Limitations.--
(A) In general.--The term of any employee appointed under
this section shall not exceed 3 years.
(B) Full-time employees.--Not more than 10 full-time
employees appointed under this subsection may be employed at
the National Energy Technology Laboratory at any given time.
(b) Discretionary Research and Development.--
(1) In general.--The Secretary shall establish mechanisms
under which the Director of the National Energy Technology
Laboratory may use an amount that is, in total, not less than
2 percent and not more than 4 percent of all funds available
to the Laboratory for the following purposes:
(A) To fund innovative research that is conducted at the
Laboratory and supports the mission of the Department.
(B) To fund technology development programs that support
the transition of technologies developed by the Laboratory
into the commercial market.
(C) To fund workforce development activities to strengthen
external engineering and manufacturing partnerships to ensure
safe, efficient, productive, and useful fossil energy
technology production.
(D) To fund the revitalization, recapitalization, or minor
construction of the Laboratory infrastructure.
(2) Prioritization.--The Director shall prioritize
innovative experiments and proposals proposed by scientists
and researchers at the National Energy Technology Laboratory.
(3) Annual report on use of authority.--Not later than
March 1 of each year, the Secretary shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on the use of the authority
under this subsection during the preceding fiscal year.
(c) Laboratory Operations.--The Secretary shall delegate
human resources operations of the National Energy Technology
Laboratory to the Director of the National Energy Technology
Laboratory.
(d) Review.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report assessing the National
Energy Technology Laboratory's management and research. The
report shall include--
(1) an assessment of the quality of science and research at
the National Energy Technology Laboratory relative to similar
work at other national laboratories;
(2) a review of the effectiveness of authorities provided
in subsections (a) and (b); and
(3) recommendations for policy changes within the
Department and legislative changes to provide the National
Energy Technology Laboratory the necessary tools and
resources to advance its research mission.
SEC. 3114. CLIMATE SOLUTIONS CHALLENGES.
(a) Authority.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Energy shall
establish a program to be known as ``Fossil Energy Climate
Solutions Challenges'' for carrying out prize competitions
described under subsection (d) pursuant to section 24 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719) relating to the climate and energy.
(b) Prize Committees.--
[[Page H4812]]
(1) In general.--The Secretary shall assemble a prize
committee that shall define the scope and detail of, and
provide the requirements for, the prize competitions under
this section. Such committee may be composed of--
(A) members from the Office of Fossil Energy, Advanced
Research Projects Energy, Office of Technology Transitions,
or other offices that most appropriately corresponds with the
topic of the prize competition; and
(B) representatives of any other entities, as determined
appropriate by the Secretary, including other Federal
agencies, State and local governments, and the private
sector.
(2) Defining topic areas.--The prize committee may modify
and define the scope of the prize areas described under
subsection (c), so long as such modification is in accordance
with descriptions in such subsection.
(3) Incentive for prize competition.--The prize committee
for each prize competition shall determine the incentive for
the prize competition. In determining the incentive, the
committee shall consider--
(A) a cash prize;
(B) access to Government facilities, such as through a lab-
embedded entrepreneurship program of the Department of
Energy, a cooperative research and development agreement, or
other method;
(C) advance market commitments for technologies of use or
promise to the Federal Government; and
(D) any other incentive provided for by law.
(4) Judging criteria.--The prize committee for each prize
competition shall establish judging criteria for the
competition that shall include, at a minimum--
(A) potential for the solution to become a commercial
product or service or advance knowledge to further the public
good;
(B) consideration of how likely the solution is to lead to
subsequent research, development, deployment, or
manufacturing in the United States;
(C) the degree to which the solution will lower the climate
footprint of the United States; and
(D) the degree to which the solution will lower the global
climate footprint.
(5) Consideration.--In carrying out this section, the
committee shall take into consideration the best practices
provided for in the challenges and prizes toolkit made
publicly available on December 15, 2016, by the General
Services Administration.
(c) Prize Competitions.--In carrying out the program, the
Secretary shall offer prize awards for any of the following:
(1) Solutions to capture carbon emissions from sources that
would otherwise be emitted to the atmosphere.
(2) Solutions to convert carbon emissions to a beneficial
use that does not result in near-term re-release into the
atmosphere, unless such re-release offsets the emission of
additional carbon into the atmosphere, such that the net
effect of the solution is to reduce the overall amount of
carbon being emitted to the atmosphere.
(3) Other solutions that have potential to achieve
reduction in greenhouse gas emissions associated with fossil-
based energy production.
(d) Acceptance of Funds.--In addition to such sums as may
be appropriated or otherwise made available to the Secretary
to award prizes under this section, the Secretary may accept
funds from other Federal agencies, private sector entities,
and State and local governments to award prizes under this
section. The Secretary may not give any special consideration
relating to the selection of awards under the prize
competition to any private sector entity or individual in
return for a donation to the Secretary or prize committee.
(e) Eligibility.--Notwithstanding section 24(g)(3) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719(g)(3)), a group may be eligible for an award under this
section if one or more members of such group is a citizen or
permanent resident of the United States.
(f) Completion of Prize Competitions.--The prize
competitions carried out under this section shall be
completed not later than the date that is 5 years after the
program is established under subsection (a).
(g) Authorization of Appropriations.--There is authorized
to be appropriated $15,000,000 to carry out this section, to
remain available until expended.
Subtitle B--Controlling Methane Leaks
SEC. 3201. IMPROVING THE NATURAL GAS DISTRIBUTION SYSTEM.
(a) Program.--The Secretary of Energy shall establish a
grant program to provide financial assistance to States to
offset the incremental rate increases paid by low-income
households resulting from the implementation of
infrastructure replacement, repair, and maintenance programs
that are approved by the rate-setting entity and designed to
accelerate the necessary replacement, repair, or maintenance
of natural gas distribution systems.
(b) Date of Eligibility.--Awards may be provided under this
section to offset rate increases described in subsection (a)
occurring on or after the date of enactment of this Act.
(c) Prioritization.--The Secretary shall collaborate with
States to prioritize the distribution of grants made under
this section. At a minimum, the Secretary shall consider
prioritizing the distribution of grants to States which
have--
(1) authorized or adopted enhanced infrastructure
replacement programs or innovative rate recovery mechanisms,
such as infrastructure cost trackers and riders,
infrastructure base rate surcharges, deferred regulatory
asset programs, and earnings stability mechanisms; and
(2) a viable means for delivering financial assistance to
low-income households.
(d) Auditing and Reporting Requirements.--The Secretary
shall establish auditing and reporting requirements for
States with respect to the performance of eligible projects
funded pursuant to grants awarded under this section.
(e) Prevailing Wages.--All laborers and mechanics employed
by contractors or subcontractors in the performance of
construction, alteration, or repair work assisted, in whole
or in part, 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 in accordance with subchapter IV of chapter 31 of
title 40. With respect to the labor standards in this
subsection, the Secretary of Labor shall have the authority
and functions set forth in Reorganization Plan Numbered 14 of
1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title
40.
(f) Definitions.--In this section:
(1) Innovative rate recovery mechanisms.--The term
``innovative rate recovery mechanisms'' means rate structures
that allow State public utility commissions to modify tariffs
and recover costs of investments in utility replacement
incurred between rate cases.
(2) Low-income household.--The term ``low-income
household'' means a household that is eligible to receive
payments under section 2605(b)(2) of the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(2)).
(g) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section
$250,000,000 in each of fiscal years 2021 through 2025.
Subtitle C--Eminent Domain Reform
SEC. 3301. MODIFICATIONS TO EXERCISE OF THE RIGHT OF EMINENT
DOMAIN BY HOLDER OF A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY.
(a) Requirement.--Section 7(h) of the Natural Gas Act (15
U.S.C. 717f(h)) is amended--
(1) by striking ``When any holder'' and inserting the
following: `` (1) Subject to paragraph (2), when any
holder''; and
(2) by adding at the end the following new paragraphs:
``(2) A holder of a certificate of public convenience and
necessity may not exercise the right of eminent domain under
paragraph (1) unless the holder--
``(A) obtains all Federal and State permits required by law
for the construction and operation of pipeline facilities;
``(B) complies with all environmental conditions appended
to the certificate order; and
``(C) is in compliance with subsection (i)(2).
``(3) A holder of a certificate of public convenience and
necessity shall be suspended from the exercise of the right
of eminent domain under paragraph (1)--
``(A) if the holder requests a material amendment to the
certificate, until such time as the conditions in paragraph
(4) are satisfied; or
``(B) if a Federal or State permit held by the holder is
vacated or remanded, until such time as--
``(i) all vacated or remanded permits are reinstated or
reissued to the holder; and
``(ii) the holder complies with all environmental
conditions appended to the certificate order.
``(4) A holder of a certificate of public convenience and
necessity who requests a material amendment to the
certificate and has the exercise of the right of eminent
domain suspended under paragraph (3)(A) may not commence a
new action or proceeding to exercise the right of eminent
domain under paragraph (1) until such time as--
``(A) the Commission issues an amended certificate of
public convenience and necessity; and
``(B) the holder--
``(i) obtains all additional Federal and State permits
required by law pursuant to the amended certificate; and
``(ii) complies with all environmental conditions appended
to the amended certificate order.''.
(b) Access for Surveys.--Section 7 of the Natural Gas Act
(15 U.S.C. 717f) is further amended by adding at the end the
following:
``(i)(1) For purposes of subsection (h), the exercise of
the right of eminent domain does not include accessing
property for purposes of surveying prior to acquiring the
property, except in accordance with paragraph (2).
``(2) If a holder of a certificate of public convenience
and necessity is unable to agree with the owner of property
on access to the property for purposes of surveying, the
holder shall enter into the dispute resolution process of the
Commission. If dispute resolution fails, or if the property
owner refuses to participate in such process, the Commission
may, upon a showing by the holder of documented repeated,
good faith efforts to work with the property owner to agree
on such access, issue an order declaring that, upon a court
order, for purposes of the relevant certificate and with
respect to the relevant property, the exercise of the right
of eminent domain under subsection (h) includes accessing the
property, in a limited, non-land-disturbing manner, for
purposes of surveying prior to acquiring the property.''.
(c) Effective Date.--The amendments made by this subtitle
shall apply--
(1) to any action or proceeding for eminent domain under
section 7(h)(1) of the Natural Gas Act, as amended by this
subtitle, commencing on or after the date of enactment of
this Act; and
(2) to any request for a material amendment to a
certificate of public convenience and necessity occurring on
or after the date of enactment of this Act.
TITLE IV--NUCLEAR ENERGY
Subtitle A--Advanced Nuclear Fuel Availability
SECTION 4101. PROGRAM.
(a) Establishment.--The Secretary shall establish and carry
out, through the Office of Nuclear Energy, a program to
support the availability of HA-LEU for civilian domestic
demonstration and commercial use.
[[Page H4813]]
(b) Program Elements.--In carrying out the program under
subsection (a), the Secretary--
(1) shall develop, in consultation with the Commission,
criticality benchmark data to assist the Commission in--
(A) the licensing and regulation of category II spent
nuclear material fuel fabrication and enrichment facilities
under part 70 of title 10, Code of Federal Regulations; and
(B) certification of transportation packages under part 71
of title 10, Code of Federal Regulations;
(2) may conduct research and development, and provide
financial assistance to assist commercial entities, to design
and license transportation packages for HA-LEU, including
canisters for metal, gas, and other HA-LEU compositions;
(3) shall, to the extent practicable--
(A) by January 1, 2024, have commercial entities submit
such transportation package designs to the Commission for
certification by the Commission under part 71 of title 10,
Code of Federal Regulations; and
(B) encourage the Commission to have such transportation
package designs so certified by the Commission by January 1,
2026;
(4) shall consider options for acquiring or providing HA-
LEU from a stockpile of uranium owned by the Department, or
using enrichment technology, to make available to members of
the consortium established pursuant to paragraph (6) for
commercial use or demonstration projects, taking into account
cost and amount of time required, and prioritizing methods
that would produce usable HA-LEU the quickest, including
options for acquiring or providing HA-LEU--
(A) that--
(i) directly meets the needs of an end user; and
(ii) has been previously used or fabricated for another
purpose;
(B) that meets the needs of an end user after having
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 removed;
(C) that is produced from high-enriched uranium that is
blended with lower assay uranium to become HA-LEU to meet the
needs of an end user; or
(D) that is produced by United States or foreign-owned
commercial entities;
(5) not later than 1 year after the date of enactment of
this Act, and biennially thereafter, shall conduct a survey
of stakeholders to estimate the quantity of HA-LEU necessary
for domestic commercial use for each of the 5 subsequent
years;
(6) shall establish a consortium, which may include
entities involved in any stage of the nuclear fuel cycle, to
partner with the Department to support the availability of
HA-LEU for civilian domestic demonstration and commercial
use, including by--
(A) providing information to the Secretary for purposes of
surveys conducted under paragraph (5);
(B) purchasing HA-LEU made available to members of the
consortium by the Secretary under the program; and
(C) carrying out demonstration projects using HA-LEU
awarded by the Secretary under the program;
(7) shall, prior to acquiring or providing HA-LEU under
paragraph (8), in coordination with the consortium
established pursuant to paragraph (6), develop a schedule for
cost recovery of HA-LEU made available to members of the
consortium using HA-LEU for commercial use pursuant to
paragraph (8);
(8) shall, beginning not later than 3 years after the
establishment of a consortium under paragraph (6), have the
capability to acquire or provide HA-LEU, in order to make
such HA-LEU available to members of the consortium beginning
not later than January 1, 2026, in amounts that are
consistent, to the extent practicable, with--
(A) the quantities estimated under the surveys conducted
under paragraph (5); plus
(B) the quantities necessary for demonstration projects
carried out under the program, as determined by the
Secretary; and
(9) shall, for advanced reactor demonstration projects,
determine awardees of HA-LEU under this subtitle through a
merit-based, competitive selection process.
(c) Applicability of USEC Privatization Act.--
(1) Sale or transfer to consortium.--The requirements of
subparagraphs (A) and (C) of section 3112(d)(2) of the USEC
Privatization Act (42 U.S.C. 2297h-10(d)(2)) shall apply to a
sale or transfer of HA-LEU for commercial use by the
Secretary to a member of the consortium under this section.
(2) Demonstration.--HA-LEU made available to members of the
consortium established pursuant to subsection (b)(6) for
demonstration projects shall remain the property of the
Department, which shall be responsible for the storage, use,
and disposition of all radioactive waste created by the
irradiation, processing, or purification of such uranium, and
shall not be treated as a sale or transfer of uranium subject
to sections 3112 and 3113 of the USEC Privatization Act (42
U.S.C. 2297h-10; 42 U.S.C. 2297h-11).
(d) DOE Acquisition of HA-LEU.--The Secretary may not make
commitments under this section (including cooperative
agreements (used in accordance with section 6305 of title 31,
United States Code), purchase agreements, guarantees, leases,
service contracts, or any other type of commitment) for the
purchase or other acquisition of HA-LEU unless funds are
specifically provided for such purposes in advance in
subsequent appropriations Acts, and only to the extent that
the full extent of anticipated costs stemming from such
commitments is recorded as an obligation up front and in full
at the time it is made.
(e) Sunset.--The authority of the Secretary to carry out
the program under this section shall expire on the earlier
of--
(1) September 30, 2034; or
(2) 90 days after the date on which HA-LEU is available to
provide a reliable and adequate supply for civilian domestic
advanced nuclear reactors in the commercial market.
(f) 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 made available under this section.
SEC. 4102. REPORTS TO CONGRESS.
(a) Commission Report on Necessary Regulatory Updates.--Not
later than 12 months after the date of enactment of this Act,
the Commission shall submit to Congress a report that
includes--
(1) identification of updates to regulations,
certifications, and other regulatory policies that the
Commission determines are necessary in order for HA-LEU to be
commercially available, including--
(A) guidance for material control and accountability of
category II special nuclear material;
(B) certifications relating to transportation packaging for
HA-LEU; and
(C) licensing of enrichment, conversion, and fuel
fabrication facilities for HA-LEU, and associated physical
security plans for such facilities;
(2) a description of such updates; and
(3) a timeline to complete such updates.
(b) DOE Report on Program to Support the Availability of
HA-LEU for Civilian Domestic Demonstration and Commercial
Use.--
(1) In general.--Not later than 180 days after the date of
enactment of this section, the Secretary shall submit to
Congress a report that describes actions proposed to be
carried out by the Secretary under the program described in
section 4101(a).
(2) Coordination and stakeholder input.--In developing the
report under this subsection, the Secretary shall consult
with--
(A) the Nuclear Regulatory Commission;
(B) the National Nuclear Security Administration;
(C) the National Laboratories;
(D) institutions of higher education;
(E) a diverse group of entities from the nuclear energy
industry;
(F) a diverse group of technology developers;
(G) experts in nuclear nonproliferation, environmental
safety, public health and safety, and economics; and
(H) members of the consortium created under section
4101(b)(6).
(3) Cost and schedule estimates.--The report under this
subsection shall include estimated costs, budgets, and
timeframes for all activities carried out under this
subtitle.
(4) Required evaluations.--The report under this subsection
shall evaluate--
(A) the actions required to establish and carry out the
program under section 4101(a) and the cost of such actions,
including with respect to--
(i) proposed preliminary terms for contracting between the
Department and recipients of HA-LEU under the program
(including guidelines defining the roles and responsibilities
between the Department and the recipient); and
(ii) the potential to coordinate with recipients of HA-LEU
under the program regarding--
(I) fuel fabrication; and
(II) fuel transport;
(B) the potential sources and fuel forms available to
provide uranium for the program under section 4101(a);
(C) options to coordinate the program under section 4101(a)
with the operation of the versatile, reactor-based fast
neutron source under section 959A of the Energy Policy Act of
2005 (as added by this title);
(D) the ability of uranium producers to provide materials
for advanced nuclear reactor fuel;
(E) any associated legal, regulatory, and policy issues
that should be addressed to enable--
(i) implementation of the program under section 4101(a);
and
(ii) the establishment of an industry capable of providing
HA-LEU; and
(F) any research and development plans to develop
criticality benchmark data under section 4101(b)(1), if
needed.
(c) Alternate Fuels Report.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall, after
consulting with relevant entities, including National
Laboratories, institutions of higher education, and
technology developers, submit to Congress a report
identifying any and all options for providing nuclear
material, containing isotopes other than the uranium-235
isotope, such as uranium-233 and thorium-232 to be used as
fuel for advanced nuclear reactor research, development,
demonstration, or commercial application purposes.
SEC. 4103. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle--
(1) $31,500,000 for fiscal year 2021;
(2) $33,075,000 for fiscal year 2022;
(3) $34,728,750 for fiscal year 2023;
(4) $36,465,188 for fiscal year 2024; and
(5) $38,288,447 for fiscal year 2025.
SEC. 4104. DEFINITIONS.
In this subtitle:
(1) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(2) Department.--The term ``Department'' means Department
of Energy.
(3) HA-LEU.--The term ``HA-LEU'' means high-assay low-
enriched uranium.
(4) High-assay low-enriched uranium.--The term ``high-assay
low-enriched uranium'' means
[[Page H4814]]
uranium having an assay greater than 5.0 weight percent and
less than 20.0 weight percent enrichment of the uranium-235
isotope.
(5) High-enriched uranium.--The term ``high-enriched
uranium'' means uranium with an assay of 20.0 weight percent
enrichment or more of the uranium-235 isotope.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
Subtitle B--Nuclear Energy Leadership Act
SEC. 4201. DEFINITIONS.
Section 951(b) of the Energy Policy Act of 2005 (42 U.S.C.
16271(b)) is amended--
(1) by amending paragraph (1) to read as follows:
``(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 reactors operating on
the date of enactment of the Clean Economy Jobs and
Innovation Act, including improvements such as--
``(i) additional inherent safety features;
``(ii) lower waste yields;
``(iii) improved fuel and material 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 and other
environmental impacts;
``(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 process heat;
``(xi) operational flexibility to respond to changes in
demand for electricity or process heat and to complement
integration with intermittent renewable energy or energy
storage; or
``(xii) improved resilience; and
``(B) a fusion reactor.''; and
(2) by adding at the end the following:
``(7) 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)).''.
SEC. 4202. NUCLEAR ENERGY RESEARCH, DEVELOPMENT,
DEMONSTRATION, AND COMMERCIAL APPLICATION
PROGRAMS.
(a) Reactor Concepts Research, Development, and
Demonstration.--Section 952 of the Energy Policy Act of 2005
(42 U.S.C. 16272) is amended to read as follows:
``SEC. 952. REACTOR CONCEPTS RESEARCH, DEVELOPMENT,
DEMONSTRATION, AND COMMERCIAL APPLICATION.
``(a) Sustainability Program for Light Water Reactors.--
``(1) In general.--The Secretary shall carry out a program
of research, development, demonstration, and commercial
application to support existing operating nuclear power
plants which shall address technologies to modernize and
improve, with respect to such plants--
``(A) reliability;
``(B) capacity;
``(C) component aging;
``(D) safety;
``(E) physical security and security costs;
``(F) plant lifetime;
``(G) operations and maintenance costs, including by
utilizing risk-informed systems analysis;
``(H) the ability for plants to operate flexibly;
``(I) nuclear hybrid energy system applications described
in subsection (c);
``(J) efficiency;
``(K) environmental impacts; and
``(L) resilience.
``(2) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry out
the program under this subsection--
``(A) $55,000,000 for fiscal year 2021;
``(B) $57,750,000 for fiscal year 2022;
``(C) $60,637,500 for fiscal year 2023;
``(D) $63,669,375 for fiscal year 2024; and
``(E) $66,852,844 for fiscal year 2025.
``(b) Advanced Reactor Technologies.--
``(1) In general.--The Secretary shall carry out a program
of research, development, demonstration, and commercial
application to support advanced reactor technologies.
``(2) Requirements.--In carrying out the program under this
subsection, the Secretary shall--
``(A) prioritize designs for advanced nuclear reactors that
are proliferation resistant and passively safe, including
designs that, compared to reactors operating on the date of
enactment of the Clean Economy Jobs and Innovation Act--
``(i) are economically competitive with other electric
power generation plants;
``(ii) have higher efficiency, lower cost, less
environmental impacts, increased resilience, and improved
safety;
``(iii) use fuels that are proliferation-resistant and have
reduced production of high-level waste per unit of output;
and
``(iv) use advanced instrumentation and monitoring systems;
``(B) consult with the Nuclear Regulatory Commission on
appropriate metrics to consider for the criteria specified in
subparagraph (A);
``(C) support research and development to resolve materials
challenges relating to extreme environments, including
environments that contain high levels of--
``(i) radiation fluence;
``(ii) temperature;
``(iii) pressure; and
``(iv) corrosion;
``(D) support research and development to aid in the
qualification of advanced fuels, including fabrication
techniques;
``(E) support activities that address near-term challenges
in modeling and simulation to enable accelerated design of
and licensing of advanced nuclear reactors, including the
identification of tools and methodologies for validating such
modeling and simulation efforts;
``(F) develop technologies, including technologies to
manage, reduce, or reuse nuclear waste;
``(G) ensure that nuclear research infrastructure is
maintained or constructed, including--
``(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) advanced coolant testing facilities, including
coolants such as lead, sodium, gas, and molten salt;
``(H) improve scientific understanding of nonlight water
coolant physics and chemistry;
``(I) develop advanced sensors and control systems,
including the identification of tools and methodologies for
validating such sensors and systems;
``(J) investigate advanced manufacturing and advanced
construction techniques and materials to reduce the cost of
advanced nuclear reactors, including the use of digital twins
and of strategies to implement project and construction
management best practices, and study the effects of radiation
and corrosion on materials created with these techniques;
``(K) consult with the Administrator of the National
Nuclear Security Administration to integrate reactor
safeguards and security into design;
``(L) support efforts to reduce any technical barriers that
would prevent commercial application of advanced nuclear
energy systems; and
``(M) develop various safety analyses and emergency
preparedness and response methodologies.
``(3) Coordination.--The Secretary shall coordinate with
individuals engaged in the private sector and individuals who
are experts in nuclear non-proliferation, environmental and
public health and safety, and economics to advance the
development of various designs of advanced nuclear reactors.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry out
the program under this subsection $55,000,000 for each of
fiscal years 2021 through 2025.
``(c) Nuclear Hybrid Energy Systems Research, Development,
Demonstration, and Commercial Application Program.--
``(1) In general.--The Secretary shall carry out a program
of research, development, demonstration, and commercial
application to develop nuclear hybrid energy systems,
composed of 2 or more colocated or jointly operated
subsystems of energy generation, energy storage, or other
technologies and in which not less than 1 such subsystem is a
nuclear energy system, to reduce greenhouse gas emissions in
both the power and nonpower sectors.
``(2) Coordination.--In carrying out the program under
paragraph (1), the Secretary shall coordinate with relevant
program offices within the Department of Energy.
``(3) Focus areas.--The program under paragraph (1) may
include research, development, demonstration, or commercial
application of nuclear hybrid energy systems with respect
to--
``(A) desalination of water;
``(B) hydrogen or other liquid and gaseous fuel or chemical
production;
``(C) heat for industrial processes;
``(D) district heating;
``(E) heat or electricity generation and storage;
``(F) carbon capture, use, utilization, and storage;
``(G) microgrid or island applications;
``(H) integrated systems modeling, analysis, and
optimization, inclusive of different configurations of hybrid
energy systems; and
``(I) integrated design, planning, building, and operation
of systems with existing infrastructure, including
interconnection requirements with the electric grid, as
appropriate.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry out
the program under this subsection--
``(A) $52,500,000 for fiscal year 2021;
``(B) $55,125,000 for fiscal year 2022;
``(C) $57,881,250 for fiscal year 2023;
``(D) $60,775,313 for fiscal year 2024; and
``(E) $63,814,078 for fiscal year 2025.''.
(b) Fuel Cycle Research and Development.--Section 953 of
the Energy Policy Act of 2005 (42 U.S.C. 16273) is amended to
read as follows:
``SEC. 953. FUEL CYCLE RESEARCH, DEVELOPMENT, DEMONSTRATION,
AND COMMERCIAL APPLICATION.
``(a) Used Nuclear Fuel Research, Development,
Demonstration, and Commercial Application.--
``(1) In general.--The Secretary shall conduct an advanced
fuel cycle research, development, demonstration, and
commercial application program that improves fuel cycle
performance and supports a variety of options for used
nuclear fuel storage, use, and disposal, including advanced
nuclear reactor and non-reactor concepts (such as
radioisotope power systems), while minimizing environmental
and public health and safety impacts, including--
``(A) dry cask storage;
``(B) consolidated interim storage;
``(C) deep geological storage and disposal, including mined
repository, and other technologies;
``(D) used nuclear fuel transportation;
``(E) integrated waste management systems;
``(F) vitrification;
``(G) fuel recycling and transmutation technologies,
including advanced reprocessing technologies such as
electrochemical and molten salt
[[Page H4815]]
technologies, and advanced redox extraction technologies;
``(H) advanced materials to be used in subparagraphs (A)
through (G); and
``(I) other areas as determined by the Secretary.
``(2) Requirements.--In carrying out the program under this
subsection, the Secretary shall--
``(A) ensure all activities and designs incorporate state
of the art safeguards technologies and techniques to reduce
risk of proliferation;
``(B) consult with the Administrator of the National
Nuclear Security Administration to integrate safeguards and
security by design;
``(C) consider the potential benefits and other impacts of
those activities for civilian nuclear applications,
environmental health and safety, and national security,
including consideration of public consent; and
``(D) consider the economic viability of all activities and
designs.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry out
the program under this subsection--
``(A) $91,875,000 for fiscal year 2021;
``(B) $96,468,750 for fiscal year 2022;
``(C) $101,292,188 for fiscal year 2023;
``(D) $106,356,797 for fiscal year 2024; and
``(E) $111,674,637 for fiscal year 2025.
``(b) Advanced Fuels.--
``(1) In general.--The Secretary shall conduct an advanced
fuels research, development, demonstration, and commercial
application program on next-generation light water reactor
and advanced reactor fuels that demonstrate the potential for
improved--
``(A) performance;
``(B) accident tolerance;
``(C) proliferation resistance;
``(D) use of resources;
``(E) environmental impact; and
``(F) economics.
``(2) Requirements.--In carrying out the program under this
subsection, the Secretary shall--
``(A) focus on the development of advanced technology
fuels, including fabrication techniques, that offer improved
accident-tolerance and economic performance with the goal of
initial commercial application by December 31, 2025; and
``(B) cooperate with private industry and with institutions
of higher education through the Nuclear Energy University and
Integrated Research Projects programs of the Department.
``(3) Report.--Not later than 180 days after the date of
enactment of this section, the Secretary shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report that describes how the
technologies and concepts studied under this program would
impact reactor economics, the fuel cycle, operations, safety,
proliferation, and the environment.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry out
the program under this subsection--
``(A) $133,000,000 for fiscal year 2021;
``(B) $139,650,000 for fiscal year 2022;
``(C) $146,632,500 for fiscal year 2023;
``(D) $153,964,125 for fiscal year 2024; and
``(E) $161,662,331 for fiscal year 2025.''.
(c) Nuclear Science and Engineering Support.--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 (d) as
paragraphs (1) through (4), respectively, and indenting
appropriately;
(8) by redesignating subsections (e) and (f) as paragraphs
(7) and (8), respectively;
(9) 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 handling support to research reactors
located at universities.
``(B) Authorization of appropriations.--Of any amounts
appropriated to carry out the program under this subsection,
there are authorized to be appropriated to the Secretary to
carry out the program under this paragraph $20,000,000 for
each of fiscal years 2021 through 2030.
``(6) Nuclear energy university program.--In carrying out
the programs under this section, the Department shall
allocate 20 percent of funds appropriated to nuclear energy
research and development programs annually to fund
university-led research and university infrastructure
projects through an open, competitive solicitation
process.'';
(10) by inserting before paragraph (1) (as so redesignated)
the following:
``(a) University Nuclear Science and Engineering Support.--
''; and
(11) 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 competitively award traineeships and apprenticeships in
coordination with universities to provide focused, advanced
training to meet critical mission needs of the Department,
including in industries that are represented by skilled labor
unions.
``(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 are
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 2030.''.
(d) 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 items relating to sections 952
through 954 and inserting the following:
``Sec. 952. Reactor concepts research, development, demonstration, and
commercial application.
``Sec. 953. Fuel cycle research, development, demonstration, and
commercial application
``Sec. 954. Nuclear science and engineering support.''.
(e) University Nuclear Leadership Program.--Section 313 of
the Omnibus Appropriations Act, 2009 (42 U.S.C. 16274a), is
amended to read as follows:
``SEC. 313. UNIVERSITY NUCLEAR LEADERSHIP PROGRAM.
``(a) In General.--In carrying out section 954 of the
Energy Policy Act of 2005 (42 U.S.C. 16274), the Secretary of
Energy shall support a program to be known as the University
Nuclear Leadership Program (in this section referred to as
the `Program').
``(b) 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 with respect to research,
development, demonstration, and commercial application
activities relevant to civilian advanced nuclear reactors
including, but not limited to--
``(A) relevant fuel cycle technologies;
``(B) project management; and
``(C) advanced construction, manufacturing, and fabrication
methods.
``(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 Department
of Energy, if the activity for which assistance is provided
would facilitate the maintenance of the discipline of nuclear
science or nuclear engineering.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated $15,000,000 to the Secretary of
Energy to carry out the Program for each of fiscal years 2021
through 2030.''.
(f) Versatile Neutron Source.--Section 955(c) of the Energy
Policy Act of 2005 (42 U.S.C. 16275(c)) is amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by striking ``MISSION need''
and inserting ``AUTHORIZATION''; and
(B) in subparagraph (A), by striking ``determine the
mission need'' and inserting ``provide''; and
(2) by adding at the end the following:
``(7) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry out
to completion the construction of the facility under this
section--
``(A) $300,000,000 for fiscal year 2021;
``(B) $550,000,000 for fiscal year 2022;
``(C) $638,000,000 for fiscal year 2023;
``(D) $765,000,000 for fiscal year 2024; and
``(E) $763,000,000 for fiscal year 2025.''.
(g) Advanced Nuclear Reactor Research, Development, and
Demonstration Program.--
(1) 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, DEVELOPMENT,
DEMONSTRATION, AND COMMERCIAL APPLICATION
PROGRAM.
``(a) Demonstration Project Defined.--For the purposes of
this section, the term `demonstration project' means--
``(1) an advanced nuclear reactor operated for the purpose
of demonstrating the suitability for commercial application
of the advanced nuclear reactor--
``(A) as part of the power generation facilities of an
electric utility system; or
``(B) in any other manner; or
``(2) the operation of one or more experimental advanced
nuclear reactors, for the purpose of demonstrating the
suitability for commercial application of such advanced
nuclear reactors.
[[Page H4816]]
``(b) Establishment.--The Secretary shall establish a
program to advance the research, development, demonstration,
and commercial application of domestic advanced, affordable,
nuclear energy technologies by--
``(1) demonstrating a variety of advanced nuclear reactor
technologies that could be used to produce--
``(A) safer, emissions-free power at a lower cost compared
to reactors operating on the date of enactment of the Clean
Economy Jobs and Innovation Act;
``(B) heat for community heating, industrial purposes, heat
storage, or synthetic fuel production;
``(C) remote or off-grid energy supply; or
``(D) backup or mission-critical power supplies;
``(2) 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
``(3) 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.--In carrying out
demonstration projects under the program established in
subsection (b), the Secretary shall--
``(1) include, as an evaluation criterion, diversity in
designs for the advanced nuclear reactors demonstrated under
this section, including designs using various--
``(A) primary coolants;
``(B) fuel types and compositions; and
``(C) neutron spectra;
``(2) consider, as an evaluation criterion, the likelihood
that the operating cost for future commercial units for each
design implemented through a demonstration project under this
subsection is cost-competitive in the applicable market,
including those designs configured as hybrid energy systems
as described in section 952(c);
``(3) ensure that each evaluation of candidate technologies
for the demonstration projects is completed through an
external review of proposed designs, which review shall--
``(A) be conducted by a panel that includes not fewer than
1 representative that does not have a conflict of interest of
each of--
``(i) an electric utility;
``(ii) an entity that uses high-temperature process heat
for manufacturing or industrial processing, such as a
petrochemical or synthetic fuel company, a manufacturer of
metals or chemicals, or a manufacturer of concrete;
``(iii) an expert from the investment community;
``(iv) a project management practitioner; and
``(v) an environmental health and safety expert; and
``(B) include a review of each demonstration project under
this subsection which shall include consideration of cost-
competitiveness and other value streams, together with the
technology readiness level, the technical abilities and
qualifications of teams desiring to demonstrate a proposed
advanced nuclear reactor technology, the capacity to meet
cost-share requirements of the Department, if Federal funding
is provided, and environmental impacts;
``(4) 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
advanced nuclear reactor designs under the program;
``(5) consult with--
``(A) National Laboratories;
``(B) institutions of higher education;
``(C) traditional end users (such as electric utilities);
``(D) potential end users of new technologies (such as
users of high-temperature process heat for manufacturing
processing, including petrochemical or synthetic fuel
companies, manufacturers of metals or chemicals, or
manufacturers of concrete);
``(E) developers of advanced nuclear reactor technology;
``(F) environmental and public health and safety experts;
and
``(G) non-proliferation experts;
``(6) seek to ensure that the demonstration projects
carried out under this section do not cause any delay in the
progress of an advanced reactor project by private industry
and the Department of Energy that is underway as of the date
of enactment of this section;
``(7) establish a streamlined approval process for
expedited contracting between awardees and the Department;
``(8) identify technical challenges to candidate
technologies;
``(9) 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--
``(A) paragraph (8);
``(B) the research and development activities under section
952(b); and
``(C) the research and development activities under section
958; and
``(10) establish such technology advisory working groups as
the Secretary determines to be appropriate to advise the
Secretary regarding the technical challenges identified under
paragraph (8) and the scope of research and development
programs to address the challenges, in accordance with
paragraph (9), to be comprised of--
``(A) private sector advanced nuclear reactor technology
developers;
``(B) technical experts with respect to the relevant
technologies at institutions of higher education;
``(C) technical experts at the National Laboratories;
``(D) environmental and public health and safety experts;
``(E) non-proliferation experts; and
``(F) any other entities the Secretary determines
appropriate.
``(d) Nonduplication.--Entities may not receive funds under
this program if receiving funds from another reactor
demonstration program at the Department in the same fiscal
year.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
the program under this subsection--
``(1) $530,000,000 for fiscal year 2021;
``(2) $680,000,000 for fiscal year 2022;
``(3) $680,000,000 for fiscal year 2023;
``(4) $680,000,000 for fiscal year 2024; and
``(5) $680,000,000 for fiscal year 2025.''.
(2) Table of contents.--The table of contents of the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is
amended--
(A) in the items relating to sections 957, 958, and 959, by
inserting ``Sec.'' before ``9'' each place it appears; and
(B) by inserting after the item relating to section 959 the
following:
``Sec. 959A. Advanced nuclear reactor research, development,
demonstration, and commercial application program.''.
(h) International Nuclear Energy Cooperation.--
(1) In general.--Subtitle E of title IX of the Energy
Policy Act of 2005 (42 U.S.C. 16271 et seq.), as amended by
subsection (g), is further amended by adding at the end the
following:
``SEC. 959B. INTERNATIONAL NUCLEAR ENERGY COOPERATION.
``(a) In General.--The Secretary, in consultation with
international regulators, shall carry out a program--
``(1) to coordinate international efforts with respect to
research, development, demonstration, and commercial
application of nuclear technology that supports diplomatic,
nonproliferation, climate, and international economic
objectives for the safe, secure, and peaceful use of such
technology; and
``(2) to develop collaboration initiatives with respect to
such efforts with a variety of countries through--
``(A) research and development agreements;
``(B) the development of coordinated action plans; and
``(C) new or existing multilateral cooperation commitments
including--
``(i) the International Framework for Nuclear Energy
Cooperation;
``(ii) the Generation IV International Forum;
``(iii) the International Atomic Energy Agency;
``(iv) the Organization for Economic Co-operation and
Development Nuclear Energy Agency; and
``(v) any other international collaborative effort with
respect to advanced nuclear reactor operations and safety.
``(b) Requirements.--The program under subsection (a) shall
be carried out 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.''.
(2) Table of contents.--The table of contents of the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 594), as
amended by subsection (g), is further amended by inserting
after the item relating to section 959A the following:
``Sec. 959B. International nuclear energy cooperation.''.
SEC. 4203. NUCLEAR ENERGY BUDGET PLAN.
Section 959 of the Energy Policy Act of 2005 (42 U.S.C.
16279) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Budget Plan Alternative 1.--One of the budget plans
submitted under subsection (a) shall assume constant annual
funding for 10 years at the appropriated level for the
current fiscal year for the civilian nuclear energy research
and development of the Department.''; and
(2) by inserting after subsection (d) the following:
``(e) Updates.--Not less frequently than once every 2
years, the Secretary shall submit to the Committee on
Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate updated 10-year budget plans which
shall identify, and provide a justification for, any major
deviation from a previous budget plan submitted under this
section.''.
SEC. 4204. ORGANIZATION AND ADMINISTRATION OF PROGRAMS.
(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
this Act, is further amended by adding at the end of the
following:
``SEC. 959C. ORGANIZATION AND ADMINISTRATION OF PROGRAMS.
``(a) Coordination.--In carrying out this subtitle, the
Secretary shall coordinate activities, and effectively manage
crosscutting research priorities across programs of the
Department and other relevant Federal agencies, including the
National Laboratories.
``(b) Collaboration.--
``(1) In general.--In carrying out this subtitle, the
Secretary shall collaborate with industry, National
Laboratories, other relevant Federal agencies, institutions
of higher education, including minority-serving institutions
and research reactors, Tribal entities, including Alaska
Native Corporations, and international bodies with relevant
scientific and technical expertise.
[[Page H4817]]
``(2) Participation.--To the extent practicable, the
Secretary shall encourage research projects that promote
collaboration between entities specified in paragraph (1).
``(c) Dissemination of Results and Public Availability.--
The Secretary shall, except to the extent protected from
disclosure under section 552(b) of title 5, United States
Code, publish the results of projects supported under this
subtitle through Department websites, reports, databases,
training materials, and industry conferences, including
information discovered after the completion of such projects.
``(d) Education and Outreach.--In carrying out the
activities described in this subtitle, the Secretary shall
support education and outreach activities to disseminate
information and promote public understanding of nuclear
energy.
``(e) Technical Assistance.--In carrying out this subtitle,
for the purposes of supporting technical, nonhardware, and
information-based advances in nuclear energy development and
operations, the Secretary shall also conduct technical
assistance and analysis activities, including activities that
support commercial application of nuclear energy in rural,
Tribal, and low-income communities.
``(f) Program Review.--At least annually, all programs in
this subtitle shall be subject to an annual review by the
Nuclear Energy Advisory Committee of the Department or other
independent entity, as appropriate.
``(g) Sensitive Information.--The Secretary shall not
publish any information generated under this subtitle that is
detrimental to national security, as determined by the
Secretary.''.
(b) Table of Contents.--The table of contents of the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 594), as
amended by this Act, is further amended by inserting after
the item relating to section 959B the following:
``Sec. 959C. Organization and administration of programs.''.
Subtitle C--Defending Against Rosatom Exports
SEC. 4301. EXTENSION AND EXPANSION OF LIMITATIONS ON
IMPORTATION OF URANIUM FROM RUSSIAN FEDERATION.
(a) In General.--Section 3112A of the USEC Privatization
Act (42 U.S.C. 2297h-10a) is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (7) as paragraph (8); and
(B) by inserting after paragraph (6) the following:
``(7) Suspension agreement.--The term `Suspension
Agreement' has the meaning given that term in section
3102(13).'';
(2) in subsection (b)--
(A) by striking ``United States to support'' and inserting
the following: ``United States--
``(1) to support'';
(B) by striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following:
``(2) to reduce reliance on uranium imports in order to
protect essential national security interests of the United
States;
``(3) to revive and strengthen the supply chain for nuclear
fuel produced and used in the United States; and
``(4) to expand production of nuclear fuel in the United
States.''; and
(3) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``After'' and inserting ``Except as
provided in subparagraph (B), after'';
(II) in clause (vi), by striking ``; and'' and inserting a
semicolon;
(III) in clause (vii), by striking the period at the end
and inserting a semicolon; and
(IV) by adding at the end the following:
``(viii) in calendar year 2021, 596,682 kilograms;
``(ix) in calendar year 2022, 489,617 kilograms;
``(x) in calendar year 2023, 578,877 kilograms;
``(xi) in calendar year 2024, 476,536 kilograms;
``(xii) in calendar year 2025, 470,376 kilograms;
``(xiii) in calendar year 2026, 464,183 kilograms;
``(xiv) in calendar year 2027, 459,083 kilograms;
``(xv) in calendar year 2028, 344,312 kilograms;
``(xvi) in calendar year 2029, 340,114 kilograms;
``(xvii) in calendar year 2030, 332,141 kilograms;
``(xviii) in calendar year 2031, 328,862 kilograms;
``(xix) in calendar year 2032, 322,255 kilograms;
``(xx) in calendar year 2033, 317,536 kilograms;
``(xxi) in calendar year 2034, 298,088 kilograms;
``(xxii) in calendar year 2035, 294,511 kilograms;
``(xxiii) in calendar year 2036, 286,066 kilograms;
``(xxiv) in calendar year 2037, 281,272 kilograms;
``(xxv) in calendar year 2038, 277,124 kilograms;
``(xxvi) in calendar year 2039, 277,124 kilograms; and
``(xxvii) in calendar year 2040, 267,685 kilograms.'';
(ii) by redesignating subparagraph (B) as subparagraph (C);
and
(iii) by inserting after subparagraph (A) the following:
``(B) Administration.--
``(i) In general.--The Secretary of Commerce shall
administer the import limitations described in subparagraph
(A) in accordance with the provisions of the Suspension
Agreement, including--
``(I) the limitations on sales of enriched uranium product
and separative work units plus conversion;
``(II) the requirements for natural uranium returned feed
associated with sales of enrichment, or enrichment plus
conversion from the Russian Federation; and
``(III) any other provisions of the Suspension Agreement.
``(ii) Effect of termination of suspension agreement.--
Clause (i) shall remain in effect if the Suspension Agreement
is terminated.'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking the semicolon and
inserting ``; or'';
(ii) in subparagraph (B), by striking ``; or'' and
inserting a period; and
(iii) by striking subparagraph (C);
(C) in paragraph (5)--
(i) in subparagraph (A)--
(I) by striking ``reference data'' and all that follows
through ``2019'' and inserting the following: ``Lower
Scenario data in the 2019 report of the World Nuclear
Association entitled `The Nuclear Fuel Report: Global
Scenarios for Demand and Supply Availability 2019-2040'. In
each of calendar years 2023, 2029, and 2035''; and
(II) by striking ``report or a subsequent report'' and
inserting ``report'';
(ii) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(iii) by inserting after subparagraph (A) the following:
``(B) Report required.--Not later than one year after the
date of the enactment of the Clean Economy Jobs and
Innovation Act, and every 3 years thereafter, the Secretary
shall submit to Congress a report that includes--
``(i) a recommendation on the use of all publicly available
data to ensure accurate forecasting by scenario data to
comport to actual demand for low-enriched uranium for nuclear
reactors in the United States; and
``(ii) an identification of the steps to be taken to adjust
the import limitations described in paragraph (2)(A) based on
the most accurate scenario data.''; and
(iv) in subparagraph (D), as redesignated by clause (ii),
by striking ``subparagraph (B)'' and inserting ``subparagraph
(C)'';
(D) in paragraph (9), by striking ``2020'' and inserting
``2040'';
(E) in paragraph (12)(B), by inserting ``or the Suspension
Agreement'' after ``the Russian HEU Agreement''; and
(F) by striking ``(2)(B)'' each place it appears and
inserting ``(2)(C)''.
(b) Applicability.--The amendments made by subsection (a)
apply with respect to uranium imported from the Russian
Federation on or after January 1, 2021.
TITLE V--ELECTRIC GRID AND CYBERSECURITY
Subtitle A--Electric Grid
PART 1--21ST CENTURY POWER GRID
SEC. 5101. 21ST CENTURY POWER GRID.
(a) In General.--The Secretary of Energy shall establish a
program to provide financial assistance to eligible
partnerships to carry out projects related to the
modernization of the electric grid, including--
(1) projects for the deployment of technologies to improve
monitoring of, advanced controls for, and prediction of
performance of, a distribution system; and
(2) projects related to transmission system planning and
operation.
(b) Eligible Projects.--Projects for which an eligible
partnership may receive financial assistance under subsection
(a)--
(1) shall be designed to improve the resiliency,
performance, or efficiency of the electric grid, while
ensuring the continued provision of safe, secure, reliable,
and affordable power;
(2) may be designed to deploy a new product or technology
that could be used by customers of an electric utility; and
(3) shall demonstrate--
(A) secure integration and management of energy resources,
including through distributed energy generation, combined
heat and power, microgrids, energy storage, electric
vehicles, energy efficiency, demand response, or controllable
loads; or
(B) secure integration and interoperability of
communications and information technologies related to the
electric grid.
(c) Cybersecurity Plan.--Each project carried out with
financial assistance provided under subsection (a) shall
include the development of a cybersecurity plan written in
accordance with guidelines developed by the Secretary of
Energy.
(d) Privacy Effects Analysis.--Each project carried out
with financial assistance provided under subsection (a) shall
include a privacy effects analysis that evaluates the project
in accordance with the Voluntary Code of Conduct of the
Department of Energy, commonly known as the ``DataGuard
Energy Data Privacy Program'', or the most recent revisions
to the privacy program of the Department.
(e) Definitions.--In this section:
(1) Eligible partnership.--The term ``eligible
partnership'' means a partnership consisting of two or more
entities, which--
(A) may include--
(i) any institution of higher education;
(ii) a National Laboratory;
(iii) a State, territory, or a local government or other
public body created by or pursuant to State law;
(iv) an Indian Tribe;
(v) a Federal power marketing administration; or
(vi) an entity that develops and provides technology; and
(B) shall include at least one of any of--
(i) an electric utility;
(ii) a Regional Transmission Organization; or
(iii) an Independent System Operator.
(2) Electric utility.--The term ``electric utility'' has
the meaning given that term in section 3(22) of the Federal
Power Act (16 U.S.C.
[[Page H4818]]
796(22)), except that such term does not include an entity
described in subparagraph (B) of such section.
(3) Federal power marketing administration.--The term
``Federal power marketing administration'' means the
Bonneville Power Administration, the Southeastern Power
Administration, the Southwestern Power Administration, or the
Western Area Power Administration.
(4) Independent system operator; regional transmission
organization.--The terms ``Independent System Operator'' and
``Regional Transmission Organization'' have the meanings
given those terms in section 3 of the Federal Power Act (16
U.S.C. 796).
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning given
that term in section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)).
(f) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Energy to carry out
this section $700,000,000 for each of fiscal years 2021
through 2025, to remain available until expended.
PART 2--TRANSMISSION PLANNING
SEC. 5111. INTERREGIONAL TRANSMISSION PLANNING REPORT.
Not later than 6 months after the date of enactment of this
Act, the Secretary of Energy shall submit to Congress a
report that--
(1) examines the effectiveness of interregional
transmission planning processes for identifying transmission
projects across regions that provide economic, reliability,
or operational benefits, taking into consideration the public
interest, the integrity of markets, and the protection of
consumers;
(2) evaluates the current architecture of regional
electricity grids (including international transmission
connections of such grids) that together comprise the
Nation's electricity grid, with respect to--
(A) potential growth in renewable energy generation,
including energy generation from offshore wind;
(B) potential growth in electricity demand; and
(C) retirement of existing electricity generation assets;
(3) analyzes--
(A) the range of benefits that interregional transmission
provides;
(B) the impact of basing transmission project approvals on
a comprehensive assessment of the multiple benefits provided;
(C) synchronization of processes described in paragraph (1)
among neighboring regions;
(D) how often interregional transmission planning should be
completed;
(E) whether voltage, size, or cost requirements should be a
factor in the approval of interregional transmission
projects;
(F) cost allocation methodologies for interregional
transmission projects; and
(G) current barriers and challenges to construction of
interregional transmission projects; and
(4) identifies potential changes, based on the analysis
under paragraph (3), to the processes described in paragraph
(1) to ensure the most efficient, cost effective, and broadly
beneficial transmission projects are selected for
construction.
SEC. 5112. INTERREGIONAL TRANSMISSION PLANNING RULEMAKING.
(a) In General.--Not later than 6 months after the date of
the enactment of this section, the Federal Energy Regulatory
Commission (hereinafter in this section referred to as ``the
Commission'') shall initiate a rulemaking to increase the
effectiveness of the interregional transmission planning
process.
(b) Assessment.--In conducting the rulemaking under
subsection (a), the Commission shall assess--
(1) the effectiveness of interregional transmission
planning processes for identifying transmission planning
solutions that provide economic, reliability, operation, and
public policy benefits, taking into consideration--
(A) the public interest;
(B) the integrity of markets; and
(C) the protection of consumers; and
(2) proposed changes to the processes described in
paragraph (1) to ensure that efficient, cost-effective, and
broadly beneficial transmission solutions are selected for
construction, taking into consideration--
(A) the public interest;
(B) the integrity of markets;
(C) the protection of consumers; and
(D) the range of benefits that interregional transmission
provides.
(c) Emphasis.--In conducting the rulemaking under
subsection (a), the Commission shall develop rules that
emphasize--
(1) the need for a solution to secure approval based on a
comprehensive assessment of the multiple benefits the
solution is expected to provide;
(2) that interregional benefit analyses made between
multiple regions should not be subject to reassessment by a
single regional entity;
(3) the importance of synchronizing the planning processes
between regions that neighbor one another, including using
one timeline with a single set of needs, input assumptions,
and benefit metrics;
(4) that evaluation of long-term scenarios should align
with the expected life of an interregional transmission
solution;
(5) that transmission planning authorities should allow for
the identification and joint evaluation between regions of
alternative proposals;
(6) that the interregional transmission planning process
should take place not less frequently than once every 3
years;
(7) the elimination of arbitrary voltage, size, or cost
requirements for an interregional transmission solution; and
(8) cost allocation methodologies that reflect the multiple
benefits provided by an interregional transmission solution.
(d) Timing.--Not later than 18 months after the date of the
enactment of this section, the Commission shall complete the
rulemaking initiated under subsection (a).
(e) Definitions.--In this section:
(1) Interregional benefit analysis.--The term
``interregional benefit analysis'' means the identification
and evaluation of the estimated benefits of interregional
transmission facilities in two or more neighboring
transmission planning regions to meet the needs for
transmission system reliability, resilience, economic, and
public policy requirements.
(2) Interregional transmission planning process.--The term
``interregional transmission planning process'' means an
evaluation of transmission needs established by public
utility transmission providers in two or more neighboring
transmission planning regions that are jointly evaluated by
those regions.
(3) Interregional transmission solution.--The term
``interregional transmission solution'' means an
interregional transmission facility that is evaluated by two
or more neighboring transmission planning regions and
determined by each of those regions for the ability of the
project to efficiently or cost effectively meet regional
transmission needs or to provide substantial benefits that
are not addressed in either of the region's regional planning
processes.
(4) Transmission planning authority.--The term
``transmission planning authority'' means the public utility
transmission provider within a transmission planning region
that is required to create a regional transmission plan that
identifies transmission facilities and nontransmission
alternatives needed to meet regional needs.
(5) Transmission planning regions.--The term ``transmission
planning regions'' means the transmission planning regions
recognized by the Commission as compliant with the final rule
entitled ``Transmission Planning and Cost Allocation by
Transmission Owning and Operating Public Utilities'' located
at part 35 of title 18, Code of Federal Regulations (or any
successor regulation).
Subtitle B--State Energy Security Plans
SEC. 5201. STATE ENERGY SECURITY PLANS.
(a) In General.--Part D of title III of the Energy Policy
and Conservation Act (42 U.S.C. 6321 et seq.) is amended by
adding at the end the following:
``SEC. 367. STATE ENERGY SECURITY PLANS.
``(a) In General.--Federal financial assistance made
available to a State under this part may be used for the
implementation, review, and revision of a State energy
security plan that assesses the State's existing
circumstances and proposes methods to strengthen the ability
of the State, in consultation with owners and operators of
energy infrastructure in such State, to--
``(1) secure the energy infrastructure of the State against
all physical and cybersecurity threats;
``(2) mitigate the risk of energy supply disruptions to the
State and enhance the response to, and recovery from, energy
disruptions; and
``(3) ensure the State has a reliable, secure, and
resilient energy infrastructure.
``(b) Contents of Plan.--A State energy security plan
described in subsection (a) shall--
``(1) address all fuels, including petroleum products,
other liquid fuels, coal, electricity, and natural gas, as
well as regulated and unregulated energy providers;
``(2) provide a State energy profile, including an
assessment of energy production, distribution, and end-use;
``(3) address potential hazards to each energy sector or
system, including physical threats and cybersecurity threats
and vulnerabilities;
``(4) provide a risk assessment of energy infrastructure
and cross-sector interdependencies;
``(5) provide a risk mitigation approach to enhance
reliability and end-use resilience; and
``(6) address multi-State, Indian Tribe, and regional
coordination planning and response, and to the extent
practicable, encourage mutual assistance in cyber and
physical response plans.
``(c) Coordination.--In developing a State energy security
plan under this section, the energy office of the State
shall, to the extent practicable, coordinate with--
``(1) the public utility or service commission of the
State;
``(2) energy providers from the private sector; and
``(3) other entities responsible for maintaining fuel or
electric reliability.
``(d) Financial Assistance.--A State is not eligible to
receive Federal financial assistance under this part, for any
purpose, for a fiscal year unless the Governor of such State
submits to the Secretary, with respect to such fiscal year--
``(1) a State energy security plan described in subsection
(a) that meets the requirements of subsection (b); or
``(2) after an annual review of the State energy security
plan by the Governor--
``(A) any necessary revisions to such plan; or
``(B) a certification that no revisions to such plan are
necessary.
``(e) Technical Assistance.--Upon request of the Governor
of a State, the Secretary may provide information and
technical assistance, and other assistance, in the
development, implementation, or revision of a State energy
security plan.
``(f) Sunset.--This section shall expire on October 31,
2024.''.
(b) Technical and Conforming Amendments.--
(1) Conforming amendments.--Section 363 of the Energy
Policy and Conservation Act (42 U.S.C. 6323) is amended--
(A) by redesignating subsection (f) as subsection (e); and
[[Page H4819]]
(B) by striking subsection (e).
(2) Technical amendment.--Section 366(3)(B)(i) of the
Energy Policy and Conservation Act (42 U.S.C. 6326(3)(B)(i))
is amended by striking ``approved under section 367''.
(3) Reference.--The item relating to ``Department of
Energy--Energy Conservation'' 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 sections.--The table of sections for part D of
title III of the Energy Policy and Conservation Act is
amended by adding at the end the following:
``Sec. 367. State energy security plans.''.
Subtitle C--Research and Development
PART 1--BETTER ENERGY STORAGE TECHNOLOGY
SEC. 5301. ENERGY STORAGE.
(a) In General.--The United States Energy Storage
Competitiveness Act of 2007 (42 U.S.C. 17231) is amended--
(1) by redesignating subsections (l) through (p) as
subsections (p) through (t), respectively; and
(2) by inserting after subsection (k) the following:
``(l) Energy Storage Research and Development Program.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subsection, the Secretary shall
establish a research and development program for energy
storage systems, components, and materials across multiple
program offices of the Department.
``(2) Requirements.--In carrying out the program under
paragraph (1), the Secretary shall--
``(A) coordinate across all relevant program offices
throughout the Department, including the Office of
Electricity, the Office of Energy Efficiency and Renewable
Energy, the Advanced Research Projects Agency - Energy, the
Office of Science, and the Office of Cybersecurity, Energy
Security, and Emergency Response;
``(B) adopt long-term cost, performance, and demonstration
targets for different types of energy storage systems and for
use in a variety of regions, including rural areas;
``(C) incorporate considerations of sustainability,
sourcing, recycling, reuse, and disposal of materials,
including critical elements, in the design of energy storage
systems;
``(D) identify energy storage duration needs;
``(E) analyze the need for various types of energy storage
to improve electric grid resilience and reliability; and
``(F) support research and development of advanced
manufacturing technologies that have the potential to improve
United States competitiveness in energy storage
manufacturing.
``(3) Strategic plan.--
``(A) In general.--No later than 180 days after the date of
enactment of this subsection, the Secretary shall develop a
5-year strategic plan identifying research, development,
demonstration, and commercial application goals for the
program in accordance with this section. The Secretary shall
submit this plan to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate.
``(B) Contents.--The strategic plan submitted under
subparagraph (A) shall--
``(i) identify programs at the Department related to energy
storage systems that support the research and development
activities described in paragraph (4), and the demonstration
projects under subsection (m); and
``(ii) include timelines for the accomplishment of goals
developed under the plan.
``(C) Updates to plan.--Not less frequently than once every
3 years, the Secretary shall submit to the Committee on
Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate an updated version of the plan under
subparagraph (A).
``(4) Research and development.--In carrying out the
program established in paragraph (1), the Secretary shall
focus on developing--
``(A) energy storage systems that can store energy and
deliver stored energy for a minimum of 6 hours in duration to
balance electricity needs over the course of a single day;
``(B) long-duration energy storage systems that can store
energy and deliver stored energy for 10 to 100 hours in
duration; and
``(C) energy storage systems that can store energy and
deliver stored energy over several months and address
seasonal scale variations in supply and demand.
``(5) Testing and validation.--The Secretary shall support
the standardized testing and validation of energy storage
systems under the program through collaboration with 1 or
more National Laboratories, including the development of
methodologies to independently validate energy storage
technologies by--
``(A) performance of energy storage systems on the electric
grid, including--
``(i) when appropriate, testing of application-driven
charge and discharge protocols;
``(ii) evaluation of power capacity and energy output;
``(iii) degradation of the energy storage systems from
cycling and aging;
``(iv) safety; and
``(v) reliability testing under grid duty cycles; and
``(B) prediction of lifetime metrics.
``(6) Coordination.--In carrying out the program
established in paragraph (1), the Secretary shall coordinate
with--
``(A) programs and offices that aim to increase domestic
manufacturing and production of energy storage systems, such
as those within the Department and within the National
Institute of Standards and Technology;
``(B) other Federal agencies that are carrying out
initiatives to increase energy reliability through the
development of energy storage systems, including the
Department of Defense; and
``(C) other stakeholders working to advance the development
of commercially viable energy storage systems.
``(7) Technical assistance program.--
``(A) In general.--The Secretary shall provide technical
assistance for commercial application of energy storage
technologies to eligible entities.
``(B) Technical assistance.--Technical assistance provided
under this paragraph--
``(i) may include assistance with--
``(I) assessment of relevant technical and geographic
characteristics;
``(II) interconnection of electricity storage systems with
the electric grid; and
``(III) engineering design; and
``(ii) may not include assistance relating to modification
of Federal, State, or local regulations or policies with
respect to energy storage systems.
``(C) Applications.--
``(i) In general.--The Secretary shall seek applications
for technical assistance under the program--
``(I) on a competitive basis; and
``(II) on a periodic basis, but not less frequently than
once every 12 months.
``(ii) Priorities.--In selecting eligible entities for
technical assistance for commercial applications, the
Secretary shall give priority to eligible entities with
projects that have the greatest potential for--
``(I) strengthening the reliability and resilience of the
electric grid to the impact of extreme weather events, power
grid failures, and interruptions in supply of electricity;
``(II) reducing the cost of energy storage systems; or
``(III) facilitating the use of net zero emission energy
resources.
``(8) Program defined.--In this subsection (except in
paragraph (9)), the term `program' means the research and
development program established under paragraph (1).
``(9) Technical assistance grant program.--
``(A) In general.--The Secretary shall establish a
technical assistance grant program (referred to in this
subsection as the `program') to award grants to eligible
entities so that entities may seek technical assistance
outside of the Department of Energy to identify, evaluate,
plan, design, and develop processes to procure energy storage
systems.
``(B) Technical assistance.--
``(i) In general.--Grants for technical assistance may be
used to obtain technical assistance with one or more of the
following activities relating to energy storage systems:
``(I) Identification of opportunities to use energy storage
systems.
``(II) Assessment of technical and economic
characteristics.
``(III) Utility interconnection.
``(IV) Permitting and siting issues.
``(V) Business planning and financial analysis.
``(VI) Engineering design.
``(VII) Carrying out initial assessment to identify net
system benefits of using energy storage systems.
``(VIII) Obtaining guidance relating to methods to assess
energy storage in long-term resource planning and resource
procurement.
``(IX) Carrying out studies to assess the cost-benefit
ratio of energy storage systems.
``(X) Obtaining guidance on complying with state and local
regulatory technical standards, including siting and
permitting standards.
``(ii) Exclusion.--The grants for technical assistance
described in subparagraph (A) shall not be used for
assistance relating to modification of Federal, State, or
local regulations or policies relating to energy storage
systems.
``(C) Applications.--
``(i) In general.--An eligible entity desiring grants for
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.
``(ii) Application process.--The Secretary shall seek
applications for technical assistance grants under the
program--
``(I) on a competitive basis; and
``(II) on a periodic basis, but not less frequently than
once every 12 months.
``(D) Priorities.--In selecting eligible entities for
grants under the program, the Secretary shall give priority
to eligible entities with projects that have the greatest
potential for--
``(i) strengthening the reliability of energy
infrastructure and the resilience of energy infrastructure to
the effects of extreme weather events, power grid failures,
and interruptions in supply of power;
``(ii) reducing the cost of energy storage systems;
``(iii) facilitating the use of renewable energy resources;
``(iv) minimizing environmental impact, including regulated
air pollutants and greenhouse gas emissions;
``(v) improving the feasibility of microgrids or island-
mode operation, particularly in rural areas, including rural
areas with high energy costs; and
``(vi) maximizing local job creation.
``(E) Rules and procedures.--
``(i) Rules.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall, by rule,
establish procedures for carrying out the program.
``(ii) Grants.--Not later than 120 days after the date on
which the Secretary establishes procedures for the program
under subparagraph (A), the Secretary shall issue grants
under this subsection.
``(F) Reports.--The Secretary shall submit to Congress and
make available to the public--
[[Page H4820]]
``(i) not less frequently than once every 2 years, a report
describing the performance of the program under this
subsection, 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
``(ii) on termination of the program under this subsection,
an assessment of the success of, and education provided by,
the measures carried out by eligible entities under the
program.
``(10) Department of energy workshops.--The Secretary shall
hold one or more workshops during each of calendar years 2021
and 2023 to facilitate the sharing, across the Department of
Energy, the States, local and Tribal governments, industry,
and the academic research community, of research developments
and new technical knowledge gained in carrying out this
subsection.''.
(b) Energy Storage Demonstration Program.--The United
States Energy Storage Competitiveness Act of 2007 (42 U.S.C.
17231), as amended, is further amended by inserting after
subsection (l), as added by subsection (a), the following:
``(m) Energy Storage Demonstration Program.--
``(1) Establishment.--The Secretary shall establish a
competitive grant program for the demonstration of energy
storage systems, as identified by the Secretary, that use
either--
``(A) a single system; or
``(B) aggregations of multiple systems.
``(2) Selection requirements.--In selecting eligible
entities to receive a grant under this section, the Secretary
shall, to the maximum extent practicable--
``(A) ensure regional diversity among eligible entities
that receive the grants, including participation by rural
States and small States;
``(B) ensure that specific projects selected for grants--
``(i) expand on the existing technology demonstration
programs of the Department of Energy; and
``(ii) are designed to achieve one or more of the
objectives described in paragraph (3);
``(C) give consideration to proposals from eligible
entities for securing energy storage through competitive
procurement or contract for service; and
``(D) prioritize projects that leverage matching funds from
non-Federal sources.
``(3) Objectives.--Each demonstration project selected for
a grant under paragraph (1) shall include one or more of the
following objectives:
``(A) To improve the security of critical infrastructure
and emergency response systems.
``(B) To improve the reliability of the transmission and
distribution system, particularly in rural areas, including
high energy cost rural areas.
``(C) 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.
``(D) To supply energy at peak periods of demand on the
electric grid or during periods of significant variation of
electric grid supply or demand.
``(E) To reduce peak loads of homes and businesses,
particularly to defer or avoid investments in new electric
grid capacity.
``(F) To advance power conversion systems to make the
systems smarter, more efficient, able to communicate with
other inverters, and able to control voltage.
``(G) To provide ancillary services for grid stability and
management.
``(H) To integrate one or more energy resources, including
renewable energy resources, at the source or away from the
source.
``(I) To increase the feasibility of microgrids or island-
mode operation.
``(J) To enable the use of stored energy in forms other
than electricity to support the natural gas system and other
industrial processes.
``(4) Restriction on use of funds.--Any eligible entity
that receives a grant under paragraph (1) may only use the
grant to fund programs relating to the demonstration of
energy storage systems connected to the electric grid, or
that provides bi-directional energy storage capable of
providing back-up energy in the event of grid outages,
including energy storage systems sited behind a customer
revenue meter.
``(5) Cost sharing.--In carrying out this section, the
Secretary shall require cost sharing under this section in
accordance with section 988 of the Energy Policy Act of 2005
(42 U.S.C. 16352).
``(6) No project ownership interest.--The United States
shall hold no equity or other ownership interest in an energy
storage system for which a grant is provided under paragraph
(1).
``(7) Rules and procedures; awarding of grants.--
``(A) Rules and procedures.--Not later than 180 days after
the date of enactment of this subsection, the Secretary shall
adopt rules and procedures for carrying out the grant program
under subsection (m).
``(B) Awarding of grants.--Not later than 1 year after the
date on which the rules and procedures under paragraph (A)
are established, the Secretary shall award the initial grants
provided under this section.
``(8) Reports.--The Secretary shall submit to Congress and
make publicly available--
``(A) not less frequently than once every 2 years for the
duration of the grant program under subsection (m), a report
describing the performance of the grant 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 grant program under subsection
(m), an assessment of the success of, and education provided
by, the measures carried out by grant recipients under the
grant program.
``(9) Program defined.--In this subsection, the term
`program' means the demonstration program established under
paragraph (1).''.
(c) Authorization of Appropriations.--The United States
Energy Storage Competitiveness Act of 2007 (42 U.S.C. 17231)
is amended, in subsection (t) (as redesignated by subsection
(a)(1))--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``;''; and
(3) by adding at the end the following:
``(7) the research and development program for energy
storage systems under subsection (l)--
``(A) $65,100,000 for fiscal year 2021;
``(B) $68,355,000 for fiscal year 2022;
``(C) $71,773,000 for fiscal year 2023;
``(D) $75,362,000 for fiscal year 2024; and
``(E) $79,130,000 for fiscal year 2025; and
``(8) the demonstration program for energy storage systems
under subsection (m), $50,000,000 for each of fiscal years
2021 through 2025.''.
SEC. 5302. CRITICAL MINERAL RECYCLING AND REUSE RESEARCH,
DEVELOPMENT, AND DEMONSTRATION PROGRAM.
The United States Energy Storage Competitiveness Act of
2007 (42 U.S.C. 17231) is amended by inserting after
subsection (m), as added by section 5301(b) of this Act, the
following:
``(n) Critical Mineral Recycling and Reuse Research,
Development, and Demonstration Program.--
``(1) Definitions.--In this subsection:
``(A) Critical mineral.--The term `critical mineral' means
any of a class of chemical elements that have a high risk of
a supply disruption and are critical to one or more new,
energy-related technologies such that a shortage of such
element would significantly inhibit large-scale deployment of
technologies that store energy.
``(B) Recycling.--The term `recycling' means the separation
of critical minerals embedded within an energy storage system
through physical or chemical means and reuse of those
separated critical minerals in other technologies.
``(2) Establishment.--Not later than 180 days after the
date of enactment of this subsection, the Secretary shall
establish a research, development, and demonstration program
of recycling of energy storage systems containing critical
minerals.
``(3) Research, development, and demonstration.--In
carrying out the program, the Secretary may focus research,
development, and demonstration activities on--
``(A) technologies, process improvements, and design
optimizations that facilitate and promote recycling,
including--
``(i) improvement of efficiency and rates of collection of
products and scrap containing critical minerals from
consumer, industrial, and other waste streams;
``(ii) separation and sorting of component materials in
energy storage systems containing critical minerals,
including improving the recyclability of such energy storage
systems;
``(iii) safe storage of energy storage systems, including
reducing fire risk;
``(iv) safe transportation of energy storage systems and
components; and
``(v) development of technologies to advance energy storage
recycling facility infrastructure, including integrated
recycling facilities that can process multiple materials;
``(B) research and development of technologies that
mitigate emissions and environmental impacts that arise from
recycling, including disposal of toxic reagents and
byproducts related to recycling processes;
``(C) research and development of technologies to enable
recycling of critical materials from batteries in electric
vehicles;
``(D) research on and analysis of non-technical barriers to
improving the transportation of energy storage systems
containing critical minerals; and
``(E) research on technologies and methods to enable the
safe disposal of energy storage systems containing critical
minerals, including waste materials and components recovered
during the recycling process.
``(4) Report to congress.--Not later than 2 years after the
date of enactment of this subsection, and every 3 years
thereafter, the Secretary shall submit to the Committee on
Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report summarizing the activities,
findings, and progress of the program.
``(o) Definitions.--For purposes of subsections (l), (m),
and (n), the following definitions apply:
``(1) Energy storage system.--The term `energy storage
system' means equipment or facilities relating to the
electric grid that are capable of absorbing and converting
energy, as applicable, storing the energy for a period of
time, and dispatching the energy, and that--
``(A) use mechanical, electrochemical, biochemical, or
thermal processes, to convert and store energy that was
generated at an earlier time for use at a later time;
``(B) use mechanical, electrochemical, biochemical, or
thermal processes to convert and store energy generated from
mechanical processes that would otherwise be wasted for
delivery at a later time; or
``(C) convert and store 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, as is
offered by grid-enabled water heaters.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State, territory, or possession of the United
States;
``(B) a State energy office (as defined in section 124(a)
of the Energy Policy Act of 2005 (42 U.S.C. 15821(a)));
[[Page H4821]]
``(C) a tribal organization (as defined in section 3765 of
title 38, United States Code);
``(D) an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001));
``(E) an electric utility, including--
``(i) a rural electric cooperative;
``(ii) a political subdivision of a State, such as a
municipally owned electric utility, or any agency, authority,
corporation, or instrumentality of one or more State
political subdivisions; and
``(iii) an investor-owned utility; and
``(F) a private energy storage company that is a small
business concern (as defined in section 3 of the Small
Business Act (15 U.S.C. 632)).
``(3) Island mode.--The term `island mode' means a mode in
which a distributed generator or energy storage system
continues to power a location in the absence of electric
power from the primary source.
``(4) Microgrid.--The term `microgrid' means an integrated
energy system consisting of interconnected loads and
distributed energy resources, including generators and energy
storage systems, within clearly defined electrical boundaries
that--
``(A) acts as a single controllable entity with respect to
the electric grid;
``(B) can connect to, and disconnect from, the electric
grid to operate in both grid-connected mode and island mode.
``(5) 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).''.
PART 2--GRID MODERNIZATION RESEARCH AND DEVELOPMENT
SEC. 5321. SMART GRID REGIONAL DEMONSTRATION INITIATIVE.
Section 1304 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17384) is amended--
(1) in subsection (a), by inserting ``research,
development, and demonstration'' before ``program'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary shall establish a smart
grid regional demonstration initiative (referred to in this
subsection as the `Initiative') composed of demonstration
projects focused on cost-effective, advanced technologies for
use in power grid sensing, communications, analysis, power
flow control, visualization, distribution automation,
industrial control systems, dynamic line rating systems, grid
redesign, and the integration of distributed energy
resources.''; and
(B) in paragraph (2)--
(i) in subparagraph (D), by striking ``and'' at the end;
(ii) in subparagraph (E), by striking the period and
inserting ``; and''; and
(iii) by inserting at the end the following:
``(F) to encourage the commercial application of advanced
distribution automation technologies that exert intelligent
control over electrical grid functions at the distribution
level to improve system resilience.''.
SEC. 5322. SMART GRID MODELING, VISUALIZATION, ARCHITECTURE,
AND CONTROLS.
Title XIII of the Energy Independence and Security Act of
2007 (42 U.S.C. 17381 et seq.) is amended by inserting after
section 1304 the following:
``SEC. 1304A. SMART GRID MODELING, VISUALIZATION,
ARCHITECTURE, AND CONTROLS.
``(a) In General.--Not later than 180 days after the
enactment of this section, the Secretary shall establish a
program of research, development, demonstration, and
commercial application on electric grid modeling, sensing,
visualization, architecture development, and advanced
operation and controls.
``(b) Modeling Research and Development.--The Secretary
shall support development of models of emerging technologies
and systems to facilitate the secure and reliable design,
planning, and operation of the electric grid for use by
industry stakeholders. In particular, the Secretary shall
support development of--
``(1) models to analyze and predict the effects of adverse
physical and cyber events on the electric grid;
``(2) coupled models of electrical, physical, and cyber
systems;
``(3) models of existing and emerging technologies being
deployed on the electric grid due to projected changes in the
electric generation mix and loads, for a variety of regional
characteristics; and
``(4) integrated models of the communications,
transmission, distribution, and other interdependent systems
for existing, new, and emerging technologies.
``(c) Situational Awareness Research and Development.--
``(1) In general.--The Secretary shall support development
of computational tools and technologies to improve sensing,
monitoring, and visualization of the electric grid for real-
time situational awareness and decision support tools that
enable improved operation of the power system, including
utility, non-utility, and customer grid-connected assets, for
use by industry partners.
``(2) Data use.--In developing visualization capabilities
under this section, the Secretary shall develop tools for
industry stakeholders to use to analyze data collected from
advanced measurement and monitoring technologies, including
data from phasor measurement units and advanced metering
units.
``(3) Severe events.--The Secretary shall prioritize
enhancing cyber and physical situational awareness of the
electric grid during adverse manmade and naturally-occurring
events.
``(d) Architecture.--The Secretary shall conduct research
in collaboration with industry stakeholders to develop model
grid architectures to assist with wide-area transmission and
distribution planning that incorporate expected changes to
the modern electric grid. In supporting the development of
model grid architectures, the Secretary shall--
``(1) analyze a variety of grid architecture scenarios that
range from minor upgrades to existing transmission grid
infrastructure to scenarios that involve the replacement of
significant portions of existing transmission grid
infrastructure;
``(2) analyze the effects of the increasing proliferation
of renewable and other zero emissions energy generation
sources, increasing use of distributed resources owned by
non-utility entities, and the use of digital and automated
controls not managed by grid operators;
``(3) include a variety of new and emerging distribution
grid technologies, including distributed energy resources,
electric vehicle charging stations, distribution automation
technologies, energy storage, and renewable energy sources;
``(4) analyze the effects of local load balancing and other
forms of decentralized control;
``(5) analyze the effects of changes to grid architectures
resulting from modernizing electric grid systems, including
communications, controls, markets, consumer choice, emergency
response, electrification, and cybersecurity concerns; and
``(6) develop integrated grid architectures that
incorporate system resilience for cyber, physical, and
communications systems.
``(e) Operation and Controls Research and Development.--The
Secretary shall conduct research to develop improvements to
the operation and controls of the electric grid, in
coordination with industry partners. Such activities shall
include--
``(1) a training facility or facilities to allow grid
operators to gain operational experience with advanced grid
control concepts and technologies;
``(2) development of cost-effective advanced operation and
control concepts and technologies, such as adaptive
islanding, dynamic line rating systems, power flow
controllers, network topology optimization, smart circuit
breakers, intelligent load shedding, and fault-tolerant
control system architectures;
``(3) development of real-time control concepts using
artificial intelligence and machine learning for improved
electric grid resilience; and
``(4) utilization of advanced data analytics including load
forecasting, power flow modeling, equipment failure
prediction, resource optimization, risk analysis, and
decision analysis.
``(f) Interoperability Research and Development.--The
Secretary shall conduct research and development on tools and
technologies that improve the interoperability and
compatibility of new and emerging components, technologies,
and systems with existing electric grid infrastructure.
``(g) Computing Resources and Data Coordination Research
and Development.--In carrying out this section, the Secretary
shall--
``(1) leverage existing computing resources at the National
Laboratories;
``(2) develop voluntary standards for data taxonomies and
communication protocols in coordination with public and
private sector stakeholders; and
``(3) comply with section 5327 of the Clean Economy Jobs
and Innovation Act.
``(h) Information Sharing.--None of the activities
authorized in this section shall require private entities to
share information or data with the Secretary.
``(i) Resilience.--In this section, the term `resilience'
means the ability to withstand and reduce the magnitude or
duration of disruptive events, which includes the capability
to anticipate, absorb, adapt to, or rapidly recover from such
an event, including from deliberate attacks, accidents, and
naturally occurring threats or incidents.''.
SEC. 5323. HYBRID ENERGY SYSTEMS.
Title XIII of the Energy Independence and Security Act of
2007 (42 U.S.C. 17381 et. seq.), as amended, is amended by
adding at the end the following:
``SEC. 1310. HYBRID ENERGY SYSTEMS.
``(a) In General.--Not later than 180 days after the
enactment of this section, the Secretary shall establish a
research, development, and demonstration program to develop
cost-effective hybrid energy systems, including--
``(1) development of computer modeling to design different
configurations of hybrid energy systems and to optimize
system operation;
``(2) research on system integration needed to plan,
design, build, and operate hybrid energy systems, including
interconnection requirements with the electric grid;
``(3) development of hybrid energy systems for various
applications, including--
``(A) thermal energy generation and storage for buildings
and manufacturing;
``(B) electricity storage coupled with energy generation;
``(C) desalination;
``(D) production of liquid and gaseous fuels; and
``(E) production of chemicals such as ammonia and ethylene;
``(4) development of testing facilities for hybrid energy
systems; and
``(5) research on incorporation of various technologies for
hybrid energy systems, including nuclear energy, renewable
energy, storage, and carbon capture, utilization, and
sequestration technologies.
``(b) Strategic Plan.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Secretary shall submit to
the Committee on Science, Space, and Technology of the House
of
[[Page H4822]]
Representatives and the Committee on Energy and Natural
Resources of the Senate a strategic plan that identifies
opportunities, challenges, and standards needed for the
development and commercial application of hybrid energy
systems. The strategic plan shall include--
``(A) analysis of the potential benefits of development of
hybrid electric systems on the electric grid;
``(B) analysis of the potential contributions of hybrid
energy systems to different grid architecture scenarios;
``(C) research and development goals for various hybrid
energy systems, including those identified in subsection (a);
``(D) assessment of policy and market barriers to the
adoption of hybrid energy systems;
``(E) analysis of the technical and economic feasibility of
adoption of different hybrid energy systems; and
``(F) a 10-year roadmap to guide the program established
under subsection (a).
``(2) Updates.--Not less than once every 3 years for the
duration of this research program, the Secretary shall submit
an updated version of the strategic plan to the Committee on
Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
``(c) Program Implementation.--In carrying out the
research, development, demonstration, and commercial
application aims of section, the Secretary shall--
``(1) implement the recommendations set forth in the
strategic plan in subsection (b);
``(2) coordinate across all relevant program offices at the
Department, including--
``(A) the Office of Energy Efficiency and Renewable Energy;
``(B) the Office of Nuclear Energy; and
``(C) the Office of Fossil Energy;
``(3) leverage existing programs and resources of the
Department;
``(4) prioritize activities that accelerate the development
of integrated electricity generation, storage, and
distribution systems with net zero greenhouse gas emissions;
and
``(5) comply with section 5326 of the Clean Economy Jobs
and Innovation Act.
``(d) Hybrid Energy System Defined.--The term `hybrid
energy system' means a system composed of 2 or more co-
located or jointly operated sub-systems of energy generation,
energy storage, or other energy technologies.''.
SEC. 5324. GRID INTEGRATION RESEARCH AND DEVELOPMENT.
(a) Integrating Distributed Energy Resources Onto the
Electric Grid.--Section 925(a) of the Energy Policy Act of
2005 (42 U.S.C. 16215) is amended--
(1) by redesignating paragraphs (10) and (11) as paragraphs
(12) and (13), respectively; and
(2) by inserting after paragraph (9) the following:
``(10) the development of cost-effective technologies that
enable two-way information and power flow between distributed
energy resources and the electric grid;
``(11) the development of technologies and concepts that
enable interoperability between distributed energy resources
and other behind-the-meter devices and the electric grid;''.
(b) Integrating Renewable Energy Onto the Electric Grid.--
Subtitle C of title IX of the Energy Policy Act of 2005 (42
U.S.C. 16231 et seq.) is amended by adding at the end the
following:
``SEC. 936. RESEARCH AND DEVELOPMENT INTO INTEGRATING
RENEWABLE ENERGY ONTO THE ELECTRIC GRID.
``(a) In General.--Not later than 180 days after the
enactment of this section, the Secretary shall establish a
research, development, and demonstration program on
technologies that enable integration of renewable energy
generation sources onto the electric grid across multiple
program offices of the Department. The program shall
include--
``(1) forecasting for predicting generation from variable
renewable energy sources;
``(2) development of cost-effective low-loss, long-distance
transmission lines; and
``(3) development of cost-effective advanced technologies
for variable renewable generation sources to provide grid
services.
``(b) Coordination.--In carrying out this program, the
Secretary shall--
``(1) coordinate across all relevant program offices at the
Department to achieve the goals established in this section,
including the Office of Electricity; and
``(2) comply with section 5326 of the Clean Economy Jobs
and Innovation Act.
``(c) Adoption of Technologies.--In carrying out this
section, the Secretary shall consider barriers to adoption
and commercial application of technologies that enable
integration of renewable energy sources onto the electric
grid, including cost and other economic barriers, and shall
coordinate with relevant entities to reduce these
barriers.''.
(c) Integrating Electric Vehicles Onto the Electric Grid.--
Subtitle B of title I of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17011 et seq.) is amended by adding at
the end the following:
``SEC. 137. RESEARCH AND DEVELOPMENT INTO INTEGRATING
ELECTRIC VEHICLES ONTO THE ELECTRIC GRID.
``(a) In General.--The Secretary shall establish a
research, development, and demonstration program to advance
the integration of electric vehicles, including plug-in
hybrid electric vehicles, onto the electric grid.
``(b) Vehicles-to-grid Integration Assessment Report.--Not
later than 1 year after the enactment of this section, the
Secretary shall submit to the Committee on Science, Space,
and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a
report on the results of a study that examines the research,
development, and demonstration opportunities, challenges, and
standards needed for integrating electric vehicles onto the
electric grid.
``(1) Report requirements.--The report shall include--
``(A) an evaluation of the use of electric vehicles to
maintain the reliability of the electric grid, including--
``(i) the use of electric vehicles for demand response,
load shaping, emergency power, and frequency regulation; and
``(ii) the potential for the reuse of spent electric
vehicle batteries for stationary grid storage;
``(B) the impact of grid integration on electric vehicles,
including--
``(i) the impact of bi-directional electricity flow on
battery degradation; and
``(ii) the implications of the use of electric vehicles for
grid services on original equipment manufacturer warranties;
``(C) the impacts to the electric grid of increased
penetration of electric vehicles, including--
``(i) the distribution grid infrastructure needed to
support an increase in charging capacity;
``(ii) strategies for integrating electric vehicles onto
the distribution grid while limiting infrastructure upgrades;
``(iii) the changes in electricity demand over a 24-hour
cycle due to electric vehicle charging behavior;
``(iv) the load increases expected from electrifying the
transportation sector;
``(v) the potential for customer incentives and other
managed charging stations strategies to shift charging off-
peak;
``(vi) the technology needed to achieve bi-directional
power flow on the distribution grid; and
``(vii) the implementation of smart charging techniques;
``(D) research on the standards needed to integrate
electric vehicles with the grid, including communications
systems, protocols, and charging stations, in collaboration
with the National Institute for Standards and Technology;
``(E) the cybersecurity challenges and needs associated
with electrifying the transportation sector; and
``(F) an assessment of the feasibility of adopting
technologies developed under the program established under
subsection (a) at Department facilities.
``(2) Recommendations.--As part of the Vehicles-to-Grid
Integration Assessment Report, the Secretary shall develop a
10-year roadmap to guide the research, development, and
demonstration program to integrate electric vehicles onto the
electric grid.
``(3) Consultation.--In developing this report, the
Secretary shall consult with relevant stakeholders,
including--
``(A) electric vehicle manufacturers;
``(B) electric utilities;
``(C) public utility commissions;
``(D) vehicle battery manufacturers;
``(E) electric vehicle supply equipment manufacturers;
``(F) charging infrastructure manufacturers;
``(G) the National Laboratories; and
``(H) other Federal agencies, as the Secretary determines
appropriate.
``(4) Updates.--The Secretary shall update the report
required under this section every 3 years for the duration of
the program under section (a) and shall submit the updated
report to the Committee on Science, Space, and Technology of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate.
``(c) Program Implementation.--In carrying out the
research, development, demonstration, and commercial
application aims of section, the Secretary shall--
``(1) implement the recommendations set forth in the report
in subsection (b);
``(2) coordinate across all relevant program offices at the
Department to achieve the goals established in this section,
including the Office of Electricity; and
``(3) comply with section 5326 of the Clean Economy Jobs
and Innovation Act.
``(d) Testing Capabilities.--The Secretary shall coordinate
with the National Laboratories to develop testing
capabilities for the evaluation, rapid prototyping, and
optimization of technologies enabling integration of electric
vehicles onto the electric grid.''.
(d) Research and Development on Integrating Buildings Onto
the Electric Grid.--Subtitle B of title IV of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17081 et
seq.) is amended by adding at the end the following:
``SEC. 426. ADVANCED INTEGRATION OF BUILDINGS ONTO THE
ELECTRIC GRID.
``(a) Buildings-to-grid Integration Report.--Not later than
1 year after the enactment of this section, the Secretary
shall submit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a report on the
results of a study that examines the research, development,
and demonstration opportunities, challenges, and standards
needed to enable components of commercial and residential
buildings to serve as dynamic energy loads on and resources
for the electric grid.
``(1) Report requirements.--The report shall include--
``(A) an assessment of the technologies needed to enable
building components as dynamic loads on and resources for the
electric grid, including how such technologies can be--
``(i) incorporated into new commercial and residential
buildings; and
``(ii) retrofitted in older buildings;
``(B) guidelines for the design of new buildings and
building components to enable modern grid interactivity and
improve energy efficiency;
[[Page H4823]]
``(C) an assessment of barriers to the adoption by building
owners of advanced technologies enabling greater integration
of building components onto the electric grid; and
``(D) an assessment of the feasibility of adopting advanced
building technologies at Department facilities.
``(2) Recommendations.--As part of the report, the
Secretary shall develop a 10-year roadmap to guide the
research, development, and demonstration program to enable
components of commercial and residential buildings to serve
as dynamic energy loads on and resources for the electric
grid.
``(3) Updates.--The Secretary shall update the report
required under this section every 3 years for the duration of
the program under subsection (a) and shall submit the updated
report to the Committee on Science, Space, and Technology of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate.
``(b) Program Implementation.--In carrying out this
section, the Secretary shall--
``(1) implement the recommendations from the report in
subsection (a);
``(2) coordinate across all relevant program offices at the
Department to achieve the goals established in this section,
including the Office of Electricity; and
``(3) comply with section 5326 of the Clean Economy Jobs
and Innovation Act.''.
SEC. 5325. INDUSTRY ALLIANCE.
Title XIII of the Energy Independence and Security Act of
2007 (42 U.S.C. 17381 et. seq.), as amended, is amended by
adding at the end the following:
``SEC. 1311. INDUSTRY ALLIANCE.
``(a) In General.--Not later than 180 days after the
enactment of this section, the Secretary shall establish an
advisory committee (to be known as the `Industry Alliance')
to advise the Secretary on the authorization of research,
development, and demonstration projects under sections 1304
and 1304a.
``(b) Membership.--The Industry Alliance shall be composed
of members selected by the Secretary that, as a group, are
broadly representative of United States electric grid
research, development, infrastructure, operations, and
manufacturing expertise.
``(c) Responsibility.--The Secretary shall annually solicit
from the Industry Alliance--
``(1) comments to identify grid modernization technology
needs;
``(2) an assessment of the progress of the research
activities on grid modernization; and
``(3) assistance in annually updating grid modernization
technology roadmaps.''.
SEC. 5326. COORDINATION OF EFFORTS.
In carrying out the amendments made by this part, the
Secretary shall coordinate with relevant entities to the
maximum extent practicable, including--
(1) electric utilities;
(2) private sector entities;
(3) representatives of all sectors of the electric power
industry;
(4) transmission organizations;
(5) transmission owners and operators;
(6) distribution organizations;
(7) distribution asset owners and operators;
(8) State, tribal, local, and territorial governments and
regulatory authorities;
(9) academic institutions;
(10) the National Laboratories;
(11) other Federal agencies;
(12) nonprofit organizations;
(13) the Federal Energy Regulatory Commission;
(14) the North American Reliability Corporation;
(15) independent system operators; and
(16) programs and program offices at the Department.
SEC. 5327. TECHNICAL AMENDMENTS; AUTHORIZATION OF
APPROPRIATIONS.
(a) Technical Amendments.--
(1) Energy independence and security act of 2007.--Section
1(b) of the Energy Independence and Security Act of 2007 is
amended in the table of contents--
(A) by inserting the following after the item related to
section 136:
``Sec. 137. Research and development into integrating electric vehicles
onto the electric grid.'';
(B) by inserting the following after the item related to
section 425:
``Sec. 426. Advanced integration of buildings onto the electric
grid.'';
(C) by inserting the following after the item related to
section 1304:
``Sec. 1304a. Smart grid modeling, visualization, architecture, and
controls.''; and
(D) by inserting the following after the item related to
section 1309:
``Sec. 1310. Hybrid energy systems.
``Sec. 1311. Industry Alliance.''.
(2) Energy policy act of 2005.--Section 1(b) of the Energy
Policy Act of 2005 is amended in the table of contents by
inserting the following after the item related to section
935:
``Sec. 936. Research and development into integrating renewable energy
onto the electric grid.''.
(b) Authorization of Appropriations.--There are authorized
to be appropriated--
(1) to carry out sections 5325 and 5326 and the amendments
made by sections 5321 and 5322 of this part--
(A) $175,000,000 for fiscal year 2021;
(B) $180,000,000 for fiscal year 2022;
(C) $185,000,000 for fiscal year 2023;
(D) $190,000,000 for fiscal year 2024; and
(E) $199,500,000 for fiscal year 2025;
(2) to carry out section 5323 of this part--
(A) $21,000,000 for fiscal year 2021;
(B) $22,050,000 for fiscal year 2022;
(C) $23,153,000 for fiscal year 2023;
(D) $24,310,000 for fiscal year 2024; and
(E) $25,525,000 for fiscal year 2025; and
(3) to carry out section 5324 of this part--
(A) $52,500,000 for fiscal year 2021;
(B) $55,152,000 for fiscal year 2022;
(C) $57,882,000 for fiscal year 2023;
(D) $60,775,000 for fiscal year 2024; and
(E) $63,814,000 for fiscal year 2025.
PART 3--GRID SECURITY RESEARCH AND DEVELOPMENT
SEC. 5341. AMENDMENT TO ENERGY INDEPENDENCE AND SECURITY ACT
OF 2007.
(a) In General.--Title XIII of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17381 et seq.), as amended by
this Act, is further amended by adding at the end the
following:
``SEC. 1312. ENERGY SECTOR SECURITY RESEARCH, DEVELOPMENT,
AND DEMONSTRATION PROGRAM.
``(a) In General.--The Secretary, in coordination with
appropriate Federal agencies, the Electricity Subsector
Coordinating Council, the Electric Reliability Organization,
State, tribal, local, and territorial governments, the
private sector, and other relevant stakeholders, shall carry
out a research, development, and demonstration program to
protect the electric grid and energy systems, including
assets connected to the distribution grid, from cyber and
physical attacks by increasing the cyber and physical
security capabilities of the energy sector and accelerating
the development of relevant technologies and tools.
``(b) Department of Energy.--As part of the initiative
described in subsection (a), the Secretary shall award
research, development, and demonstration grants to--
``(1) identify cybersecurity risks to the electricity
sector, energy systems, and energy infrastructure;
``(2) develop methods and tools to rapidly detect cyber
intrusions and cybersecurity incidents, including through the
use of data and big data analytics techniques, such as
intrusion detection, and security information and event
management systems, to validate and verify system behavior;
``(3) assess emerging cybersecurity capabilities that could
be applied to energy systems and develop technologies that
integrate cybersecurity features and procedures into the
design and development of existing and emerging grid
technologies, including renewable energy, storage, and
demand-side management technologies;
``(4) identify existing vulnerabilities in intelligent
electronic devices, advanced analytics systems, and
information systems;
``(5) work with relevant entities to develop technologies
or concepts that build or retrofit cybersecurity features and
procedures into--
``(A) information and energy management system devices,
components, software, firmware, and hardware, including
distributed control and management systems, and building
management systems;
``(B) data storage systems, data management systems, and
data analysis processes;
``(C) automated- and manually-controlled devices and
equipment for monitoring and stabilizing the electric grid;
``(D) technologies used to synchronize time and develop
guidance for operational contingency plans when time
synchronization technologies, are compromised;
``(E) power system delivery and end user systems and
devices that connect to the grid, including--
``(i) meters, phasor measurement units, and other sensors;
``(ii) distribution automation technologies, smart
inverters, and other grid control technologies;
``(iii) distributed generation, energy storage, and other
distributed energy technologies;
``(iv) demand response technologies;
``(v) home and building energy management and control
systems;
``(vi) electric and plug-in hybrid vehicles and electric
vehicle charging systems; and
``(vii) other relevant devices, software, firmware, and
hardware; and
``(F) the supply chain of electric grid management system
components;
``(6) develop technologies that improve the physical
security of information systems, including remote assets;
``(7) integrate human factors research into the design and
development of advanced tools and processes for dynamic
monitoring, detection, protection, mitigation, response, and
cyber situational awareness;
``(8) evaluate and understand the potential consequences of
practices used to maintain the cybersecurity of information
systems and intelligent electronic devices;
``(9) develop or expand the capabilities of existing
cybersecurity test beds to simulate impacts of cyber attacks
and combined cyber-physical attacks on information systems
and electronic devices, including by increasing access to
existing and emerging test beds for cooperative utilities,
utilities owned by a political subdivision of a State, such
as municipally-owned electric utilities, and other relevant
stakeholders; and
``(10) develop technologies that reduce the cost of
implementing effective cybersecurity technologies and tools,
including updates to these technologies and tools, in the
energy sector.
``(c) National Science Foundation.--The National Science
Foundation, in coordination with other Federal agencies,
shall through its cybersecurity research and development
programs--
``(1) support basic research to advance knowledge,
applications, technologies, and tools to strengthen the
cybersecurity of information systems that support the
electric grid and energy systems, including interdisciplinary
research in--
``(A) evolutionary systems, theories, mathematics, and
models;
[[Page H4824]]
``(B) economic and financial theories, mathematics, and
models; and
``(C) big data analytical methods, mathematics, computer
coding, and algorithms; and
``(2) support cybersecurity education and training focused
on information systems for the electric grid and energy
workforce, including through the Advanced Technological
Education program, the Cybercorps program, graduate research
fellowships, and other appropriate programs.
``SEC. 1313. GRID RESILIENCE AND EMERGENCY RESPONSE.
``(a) In General.--Not later than 180 days after the
enactment of this section, the Secretary, in coordination
with appropriate Federal agencies, shall establish a
research, development, and demonstration program to enhance
resilience and strengthen emergency response and management
pertaining to the energy sector.
``(b) Grants.--The Secretary shall award grants to eligible
entities under subsection (c) on a competitive basis to
conduct research and development with the purpose of
improving the resilience and reliability of electric grid
by--
``(1) developing methods to improve community and
governmental preparation for and emergency response to large-
area, long-duration electricity interruptions, including
through the use of energy efficiency, storage, and
distributed generation technologies;
``(2) developing tools to help utilities and communities
ensure the continuous delivery of electricity to critical
facilities;
``(3) developing tools to improve coordination between
utilities and relevant Federal agencies to enable
communication, information-sharing, and situational awareness
in the event of a physical or cyber-attack on the electric
grid;
``(4) developing technologies and capabilities to withstand
and address the current and projected impact of the changing
climate on energy sector infrastructure, including extreme
weather events and other natural disasters;
``(5) developing technologies capable of early detection of
malfunctioning electrical equipment on the transmission and
distribution grid, including detection of spark ignition
causing wildfires and risks of vegetation contact;
``(6) assessing upgrades and additions needed to energy
sector infrastructure due to projected changes in the energy
generation mix and energy demand; and
``(7) upgrading tools used to estimate the costs of outages
longer than 24 hours.
``(8) developing tools and technologies to assist with the
planning, safe execution of, and safe and timely restoration
of power after emergency power shut offs, such as those
conducted to reduce risks of wildfires started by grid
infrastructure.
``(c) Eligible Entities.--The entities eligible to receive
grants under this section include--
``(1) an institution of higher education, including a
historically Black college or university and a minority-
serving institution.
``(2) a nonprofit organization;
``(3) a National Laboratory;
``(4) a unit of State, local, or tribal government;
``(5) an electric utility or electric cooperative;
``(6) a retail service provider of electricity;
``(7) a private commercial entity;
``(8) a partnership or consortium of 2 or more entities
described in subparagraphs (1) through (7); and
``(9) any other entities the Secretary deems appropriate.
``(d) Relevant Activities.--Grants awarded under subsection
(b) shall include funding for research and development
activities related to the purpose described in subsection
(b), such as--
``(1) development of technologies to use distributed energy
resources, such as solar photovoltaics, energy storage
systems, electric vehicles, and microgrids, to improve grid
and critical end-user resilience;
``(2) analysis of non-technical barriers to greater
integration and use of technologies on the distribution grid;
``(3) analysis of past large-area, long-duration
electricity interruptions to identify common elements and
best practices for electricity restoration, mitigation, and
prevention of future disruptions;
``(4) development of advanced monitoring, analytics,
operation, and controls of electric grid systems to improve
electric grid resilience;
``(5) analysis of technologies, methods, and concepts that
can improve community resilience and survivability of
frequent or long-duration power outages;
``(6) development of methodologies to maintain
cybersecurity during restoration of energy sector
infrastructure and operation;
``(7) development of advanced power flow control systems
and components to improve electric grid resilience; and
``(8) any other relevant activities determined by the
Secretary.
``(e) Technical Assistance.--
``(1) In general.--The Secretary, in consultation with
relevant Federal agencies, shall provide technical assistance
to eligible entities for the commercial application of
technologies to improve the resilience of the electric grid
and commercial application of technologies to help entities
develop plans for preventing and recovering from various
power outage scenarios at the local, regional, and State
level.
``(2) Technical assistance program.--The commercial
application technical assistance program established in
paragraph (1) shall include assistance to eligible entities
for--
``(A) the commercial application of technologies developed
from the grant program established in subsection (b),
including cooperative utilities and utilities owned by a
political subdivision of a State, such as municipally-owned
electric utilities;
``(B) the development of methods to strengthen or otherwise
mitigate adverse impacts on electric grid infrastructure
against natural hazards;
``(C) the use of Department data and modeling tools for
various purposes;
``(D) a resource assessment and analysis of future demand
and distribution requirements, including development of
advanced grid architectures and risk analysis; and
``(E) the development of tools and technologies to
coordinate data across relevant entities to promote
resilience and wildfire prevention in the planning, design,
construction, operation, and maintenance of transmission
infrastructure;
``(F) analysis to predict the likelihood of extreme weather
events to inform the planning, design, construction,
operation, and maintenance of transmission infrastructure in
consultation with the National Oceanic and Atmospheric
Administration; and
``(G) the commercial application of relevant technologies,
such as distributed energy resources, microgrids, or other
energy technologies, to establish backup power for users or
facilities affected by emergency power shutoffs.
``(3) Eligible entities.--The entities eligible to receive
technical assistance for commercial application of
technologies under this section include--
``(A) representatives of all sectors of the electric power
industry, including electric utilities, trade organizations,
and transmission and distribution system organizations,
owners, and operators;
``(B) State and local governments and regulatory
authorities, including public utility commissions;
``(C) tribal and Alaska Native governmental entities;
``(D) partnerships among entities under subparagraphs (A)
through (C);
``(E) regional partnerships; and
``(F) any other entities the Secretary deems appropriate.
``(4) Authority.--Nothing in this section shall authorize
the Secretary to require any entity to adopt any model, tool,
technology, plan, analysis, or assessment.
``SEC. 1314. BEST PRACTICES AND GUIDANCE DOCUMENTS FOR ENERGY
SECTOR CYBERSECURITY RESEARCH.
``(a) In General.--The Secretary, in coordination with
appropriate Federal agencies, the Electricity Subsector
Coordinating Council, standards development organizations,
State, tribal, local, and territorial governments, the
private sector, public utility commissions, and other
relevant stakeholders, shall coordinate the development of
guidance documents for research, development, and
demonstration activities to improve the cybersecurity
capabilities of the energy sector through participating
agencies. As part of these activities, the Secretary, in
consultation with relevant Federal agencies, shall--
``(1) facilitate stakeholder involvement to update--
``(A) the Roadmap to Achieve Energy Delivery Systems
Cybersecurity;
``(B) the Cybersecurity Procurement Language for Energy
Delivery Systems, including developing guidance for--
``(i) contracting with third parties to conduct
vulnerability testing for information systems used across the
energy production, delivery, storage, and end use systems;
``(ii) contracting with third parties that utilize
transient devices to access information systems; and
``(iii) managing supply chain risks; and
``(C) the Electricity Subsector Cybersecurity Capability
Maturity Model, including the development of metrics to
measure changes in cybersecurity readiness; and
``(2) develop voluntary guidance to improve digital
forensic analysis capabilities, including--
``(A) developing standardized terminology and monitoring
processes; and
``(B) utilizing human factors research to develop more
effective procedures for logging incident events; and
``(3) develop a mechanism to anonymize, aggregate, and
share the testing results from cybersecurity test beds to
facilitate technology improvements by public and private
sector researchers.
``(b) Best Practices.--The Secretary, in collaboration with
the Director of the National Institute of Standards and
Technology, the Director of the Cybersecurity and
Infrastructure Security Agency, and other appropriate Federal
agencies, shall convene relevant stakeholders and facilitate
the development of--
``(1) consensus-based best practices to improve
cybersecurity for--
``(A) emerging energy technologies;
``(B) distributed generation and storage technologies, and
other distributed energy resources;
``(C) electric vehicles and electric vehicle charging
stations; and
``(D) other technologies and devices that connect to the
electric grid;
``(2) recommended cybersecurity designs and technical
requirements that can be used by the private sector to design
and build interoperable cybersecurity features into
technologies that connect to the electric grid, including
networked devices and components on distribution systems; and
``(3) technical analysis that can be used by the private
sector in developing best practices for test beds and test
bed methodologies that will enable reproducible testing of
cybersecurity protections for information systems, electronic
devices, and other relevant components, software, and
hardware across test beds.
``(c) Regulatory Authority.--None of the activities
authorized in this section shall be construed to authorize
regulatory actions. Additionally, the voluntary standards
developed under this section shall not duplicate or conflict
with mandatory reliability standards.
[[Page H4825]]
``SEC. 1315. VULNERABILITY TESTING AND TECHNICAL ASSISTANCE
TO IMPROVE CYBERSECURITY.
``The Secretary shall--
``(1) coordinate with appropriate Federal agencies and
energy sector asset owners and operators, leveraging the
research facilities and expertise of the National
Laboratories, to assist entities in developing testing
capabilities by--
``(A) utilizing a range of methods to identify
vulnerabilities in physical and cyber systems;
``(B) developing cybersecurity risk assessment tools and
providing analyses and recommendations to participating
stakeholders; and
``(C) working with appropriate Federal agencies and
stakeholders to develop methods to share anonymized and
aggregated test results to assist relevant stakeholders in
the energy sector, researchers, and the private sector to
advance cybersecurity efforts, technologies, and tools;
``(2) in coordination with appropriate Federal agencies,
collaborate with relevant stakeholders, including public
utility commissions, to--
``(A) identify information, research, staff training, and
analytical tools needed to evaluate cybersecurity issues and
challenges in the energy sector; and
``(B) facilitate the sharing of information and the
development of tools identified under subparagraph (A);
``(3) coordinate with tribal governments to identify
information, research, and analysis tools needed by tribal
governments to increase the cybersecurity of energy assets
within their jurisdiction.
``SEC. 1316. EDUCATION AND WORKFORCE TRAINING RESEARCH AND
STANDARDS.
``(a) In General.--The Secretary shall support the
development of an energy sector cybersecurity workforce
through a program that--
``(1) facilitates collaboration between undergraduate and
graduate students, researchers at the National Laboratories,
and the civilian energy sector;
``(2) prioritizes science and technology in areas relevant
to the mission of the Department of Energy through the design
and application of cybersecurity technologies for the energy
sector;
``(3) develops, or facilitates private sector development
of, voluntary cybersecurity training and retraining
standards, lessons, and recommendations for the energy sector
that minimize duplication of cybersecurity compliance
training programs; and
``(4) maintains a public database of energy sector
cybersecurity education, training, and certification
programs.
``(b) Grid Resilience Technology Training.--The Secretary
shall support the development of the grid workforce through a
training program that prioritizes activities that enhance the
resilience of the electric grid and energy sector
infrastructure, including training on the use of tools,
technologies, and methods developed under the grant program
established in section 1313(b).
``(c) Collaboration.--In carrying out the program
authorized in subsection (a) and (b), the Secretary shall
coordinate with appropriate Federal agencies and leverage
programs and activities carried out across the Department of
Energy, other relevant Federal agencies, institutions of
higher education, and other appropriate entities best suited
to provide national leadership on cybersecurity and grid
resilience-related issues.
``SEC. 1317. INTERAGENCY COORDINATION AND STRATEGIC PLAN FOR
ENERGY SECTOR CYBERSECURITY RESEARCH.
``(a) Duties.--The Secretary, in coordination with
appropriate Federal agencies and the Energy Sector Government
Coordinating Council, shall--
``(1) review the most recent versions of the Roadmap to
Achieve Energy Delivery Systems Cybersecurity and the Multi-
Year Program Plan for Energy Sector Cybersecurity to identify
crosscutting energy sector cybersecurity research needs and
opportunities for collaboration among Federal agencies and
other relevant stakeholders;
``(2) identify interdisciplinary research, technology, and
tools that can be applied to cybersecurity challenges in the
energy sector;
``(3) identify technology transfer opportunities to
accelerate the development and commercial application of
novel cybersecurity technologies, systems, and processes in
the energy sector; and
``(4) develop a coordinated Interagency Strategic Plan for
research to advance cybersecurity capabilities used in the
energy sector that builds on the Roadmap to Achieve Energy
Delivery Systems in Cybersecurity and the Multi-Year Program
Plan for Energy Sector Cybersecurity.
``(b) Interagency Strategic Plan.--
``(1) Submittal.--The Interagency Strategic Plan developed
under subsection (a)(4) shall be submitted to Congress and
made public within 12 months after the date of enactment of
this section.
``(2) Contents.--The Interagency Strategic Plan shall
include--
``(A) an analysis of how existing cybersecurity research
efforts across the Federal Government are advancing the goals
of the Roadmap to Achieve Energy Delivery Systems
Cybersecurity and the Multi-Year Program Plan for Energy
Sector Cybersecurity;
``(B) recommendations for research areas that may advance
the cybersecurity of the energy sector;
``(C) an overview of existing and proposed public and
private sector research efforts that address the topics
outlined in paragraph (3); and
``(D) an overview of needed support for workforce training
in cybersecurity for the energy sector.
``(3) Considerations.--In developing the Interagency
Strategic Plan, the Secretary, in coordination with
appropriate Federal agencies and the Energy Sector Government
Coordinating Council, shall consider--
``(A) opportunities for human factors research to improve
the design and effectiveness of cybersecurity devices,
technologies, tools, processes, and training programs;
``(B) contributions of other disciplines to the development
of innovative cybersecurity procedures, devices, components,
technologies, and tools;
``(C) opportunities for technology transfer programs to
facilitate private sector development of cybersecurity
procedures, devices, components, technologies, and tools for
the energy sector; and
``(D) broader applications of the work done by relevant
Federal agencies to advance the cybersecurity of information
systems and data analytics systems for the energy sector.
``(c) Participation.--For the purposes of carrying out this
section, the Energy Sector Government Coordinating Council
shall include representatives from Federal agencies with
expertise in the energy sector, information systems, data
analytics, cyber and physical systems, engineering, human
factors research, human-machine interfaces, high performance
computing, big data and data analytics, or other disciplines
considered appropriate by the Council Chair.
``SEC. 1318. REPORT TO CONGRESS.
``(a) Study.--The Secretary, in collaboration with
appropriate Federal agencies and energy sector stakeholders,
in order to provide recommendations for additional research,
development, demonstration, and commercial application
activities, shall--
``(1) analyze physical and cyber attacks on infrastructure
related to energy functions in the energy sector and identify
cost-effective opportunities to improve physical and cyber
security for such infrastructure; and
``(2) examine the risks associated with increasing
penetration of digital technologies in grid networks,
particularly on the distribution grid.
``(b) Content.--The study shall--
``(1) analyze processes, operational procedures, and other
factors common among cyber attacks;
``(2) identify areas where human behavior plays a critical
role in maintaining or compromising the security of a system;
``(3) recommend--
``(A) changes to the design of devices, human-machine
interfaces, technologies, tools, processes, or procedures to
optimize security that do not require a change in human
behavior; and
``(B) training techniques to increase the capacity of
employees to actively identify, prevent, or neutralize the
impact of cyber attacks;
``(4) evaluate existing engineering and technical design
criteria and guidelines that incorporate human factors
research findings, and recommend criteria and guidelines for
cybersecurity tools that can be used to develop display
systems for cybersecurity monitoring, such as alarms, user-
friendly displays, and layouts;
``(5) evaluate the cybersecurity risks and benefits of
various design and architecture options for energy sector
systems, networked grid systems and components, and
automation systems, including consideration of--
``(A) designs that include both digital and analog control
devices and technologies;
``(B) different communication technologies used to transfer
information and data between control system devices,
technologies, and system operators;
``(C) automated and human-in-the-loop devices and
technologies;
``(D) programmable versus nonprogrammable devices and
technologies;
``(E) increased redundancy using dissimilar cybersecurity
technologies; and
``(F) grid architectures that use autonomous functions to
limit control vulnerabilities; and
``(6) recommend methods or metrics to document changes in
risks associated with system designs and architectures.
``(c) Consultation.--In conducting the study, the Secretary
shall consult with energy sector stakeholders, academic
researchers, the private sector, and other relevant
stakeholders.
``(d) Report.--Not later than 24 months after the date of
enactment of this section, the Secretary shall submit the
study to the Committee on Science, Space, and Technology of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate.
``SEC. 1319. DEFINITIONS.
``For purposes of sections 1312 through 1318:
``(1) Big data.--The term `big data' means datasets that
require advanced analytical methods for their transformation
into useful information.
``(2) Historically black college or university.--The term
`historically Black college or university' has the meaning
given the term `part B institution' in section 322(2) of the
Higher Education Act of 1965 (29 U.S.C. 106(2)).
``(3) Human factors research.--The term `human factors
research' means research on human performance in social and
physical environments, and on the integration and interaction
of humans with physical systems and computer hardware and
software.
``(4) Human-machine interfaces.--The term `human-machine
interfaces' means technologies that present information to an
operator or user about the state of a process or system, or
accept human instructions to implement an action, including
visualization displays such as a graphical user interface.
``(5) Minority-serving institution.--The term `minority-
serving institution' means an eligible institution under
section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
``(6) National laboratory.--The term `national laboratory'
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
[[Page H4826]]
``(7) Security vulnerability.--The term `security
vulnerability' has the meaning given the term in section 102
of the Cybersecurity Information Sharing Act of 2015 (6
U.S.C. 1501).
``(8) Transient devices.--The term `transient devices'
means removable media, including floppy disks, compact disks,
USB flash drives, external hard drives, mobile devices, and
other devices that utilize wireless connections.''.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to carry out the amendments made by
subsection (a)--
(1) $150,000,000 for fiscal year 2021;
(2) $157,500,000 for fiscal year 2022;
(3) $165,375,000 for fiscal year 2023;
(4) $173,645,000 for fiscal year 2024; and
(5) $182,325,000 for fiscal year 2025.
SEC. 5342. CRITICAL INFRASTRUCTURE RESEARCH AND CONSTRUCTION.
(a) In General.--The Secretary of Energy shall carry out a
program of research, development, and demonstration of
technologies and tools to help ensure the resilience and
security of critical infrastructure.
(b) Coordination.--In carrying out the program under
subsection (a), the Secretary shall leverage expertise and
resources of and coordinate with--
(1) relevant programs and activities across the Department
of Energy; and
(2) other relevant Federal agencies.
(c) Energy Sector Critical Infrastructure Test Facility.--
In carrying out the program under subsection (a), the
Secretary, in consultation with other appropriate Federal
agencies, shall establish and operate an Energy Sector
Critical Infrastructure Test Facility (referred to in this
section as the ``Test Facility'') that allows for scalable
physical and cyber performance testing to be conducted on
industry-scale energy sector critical infrastructure systems.
This facility shall include a focus on--
(1) cybersecurity test beds; and
(2) electric grid test beds.
(d) Selection.--The Secretary shall select the Test
Facility under this section on a competitive, merit-reviewed
basis. The Secretary shall consider applications from
National Laboratories, institutions of higher education,
multi-institutional collaborations, and other appropriate
entities.
(e) Duration.--The Test Facility established under this
section shall receive support for a period of not more than 5
years, subject to the availability of appropriations.
(f) Renewal.--Upon the expiration of any period of support
of the Test Facility, the Secretary may renew support for the
Test Facility, on a merit-reviewed basis, for a period of not
more than 5 years.
(g) Termination.--Consistent with the existing authorities
of the Department, the Secretary may terminate the Test
Facility for cause during the performance period.
(h) Critical Infrastructure Defined.--The term ``critical
infrastructure'' means infrastructure that the Secretary
determines to be vital to socioeconomic activities such that,
if destroyed or damaged, such destruction or damage could
cause substantial disruption to such socioeconomic
activities.
SECTION 5343. CONFORMING AMENDMENT.
Section 1(b) of the Energy Independence and Security Act of
2007 is amended in the table of contents by adding after the
matter relating to section 1311 (as added by this Act) the
following:
``Sec. 1312. Energy sector security research, development, and
demonstration program.
``Sec. 1313. Grid resilience and emergency response.
``Sec. 1314. Best practices and guidance documents for energy sector
cybersecurity research.
``Sec. 1315. Vulnerability testing and technical assistance to improve
cybersecurity.
``Sec. 1316. Education and workforce training research and standards.
``Sec. 1317. Interagency coordination and strategic plan for energy
sector cybersecurity research.
``Sec. 1318. Report to Congress.
``Sec. 1319. Definitions.''.
Subtitle D--Tribal Energy
SEC. 5401. INDIAN ENERGY.
(a) Definition of Indian Land.--Section 2601(2) of the
Energy Policy Act of 1992 (25 U.S.C. 3501(2)) is amended--
(1) in subparagraph (B)(iii), by striking ``and'';
(2) in subparagraph (C), by striking ``land.'' and
inserting ``land;''; and
(3) by adding at the end the following subparagraphs:
``(D) any land located in a census tract in which the
majority of residents are Natives (as defined in section 3(b)
of the Alaska Native Claims Settlement Act (43 U.S.C.
1602(b))); and
``(E) any land located in a census tract in which the
majority of residents are persons who are enrolled members of
a federally recognized Tribe or village.''.
(b) Reduction of Cost Share.--Section 2602(b)(5) of the
Energy Policy Act of 1992 (25 U.S.C. 3502(b)(5)) is amended
by adding at the end the following subparagraphs:
``(D) The Secretary of Energy may reduce any applicable
cost share required of an Indian tribe, intertribal
organization, or tribal energy development organization in
order to receive a grant under this subsection to not less
than 10 percent if the Indian tribe, intertribal
organization, or tribal energy development organization meets
criteria developed by the Secretary of Energy, including
financial need.
``(E) Section 988 of the Energy Policy Act of 2005 (42
U.S.C. 16352) shall not apply to assistance provided under
this subsection.''.
(c) Authorization.--Section 2602(b)(7) of the Energy Policy
Act of 1992 (25 U.S.C. 3502(b)(7)) is amended by striking
``$20,000,000 for each of fiscal years 2006 through 2016''
and inserting ``$30,000,000 for each of fiscal years 2021
through 2025''.
SEC. 5402. REPORT ON ELECTRICITY ACCESS AND RELIABILITY.
(a) Assessment.--The Secretary of Energy shall conduct an
assessment of the status of access to electricity by
households residing in Tribal communities or on Indian land,
and the reliability of electric service available to
households residing in Tribal communities or on Indian land,
as compared to the status of access to and reliability of
electricity within neighboring States or within the State in
which Indian land is located.
(b) Consultation.--The Secretary of Energy shall consult
with Indian Tribes, Tribal organizations, the North American
Electricity Reliability Corporation, and the Federal Energy
Regulatory Commission in the development and conduct of the
assessment under subsection (a). Indian Tribes and Tribal
organizations shall have the opportunity to review and make
recommendations regarding the development of the assessment
and the findings of the assessment, prior to the submission
of the report under subsection (c).
(c) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Energy 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 the results of the
assessment conducted under subsection (a), which shall
include--
(1) a description of generation, transmission, and
distribution assets available to provide electricity to
households residing in Tribal communities or on Indian land;
(2) a survey of the retail and wholesale prices of
electricity available to households residing in Tribal
communities or on Indian land;
(3) a description of participation of Tribal members in the
electric utility workforce, including the workforce for
construction and maintenance of renewable energy resources
and distributed energy resources;
(4) the percentage of households residing in Tribal
communities or on Indian land that do not have access to
electricity;
(5) the potential of distributed energy resources to
provide electricity to households residing in Tribal
communities or on Indian land;
(6) the potential for tribally-owned electric utilities or
electric utility assets to participate in or benefit from
regional electricity markets;
(7) a description of the barriers to providing access to
electric service to households residing in Tribal communities
or on Indian land; and
(8) recommendations to improve access to and reliability of
electric service for households residing in Tribal
communities or on Indian land.
(d) Definitions.--In this section:
(1) Tribal member.--The term ``Tribal member'' means a
person who is an enrolled member of a federally recognized
Tribe or village.
(2) Tribal community.--The term ``Tribal community'' means
a community in a United States census tract in which the
majority of residents are persons who are enrolled members of
a federally recognized Tribe or village.
TITLE VI--TRANSPORTATION
Subtitle A--Diesel Emissions Reduction
SEC. 6101. REAUTHORIZATION OF DIESEL EMISSIONS REDUCTION
PROGRAM.
Section 797(a) of the Energy Policy Act of 2005 (42 U.S.C.
16137(a)) is amended by striking ``$100,000,000 for each of
fiscal years 2012 through 2016'' and inserting ``$500,000,000
for each of fiscal years 2021 through 2025''.
Subtitle B--Clean School Bus Program
SEC. 6201. REAUTHORIZATION OF CLEAN SCHOOL BUS PROGRAM.
(a) Definitions.--
(1) Alternative fuel.--Section 741(a)(2) of the Energy
Policy Act of 2005 (42 U.S.C. 16091(a)) is amended--
(A) in subparagraph (B), by striking ``or'' after the
semicolon;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following new subparagraph:
``(D) electricity.''.
(2) Clean school bus.--Paragraph (3) of section 741(a) of
the Energy Policy Act of 2005 (42 U.S.C. 16091(a)) is amended
to read as follows:
``(3) Clean school bus.--The term `clean school bus'
means--
``(A) a school bus (as the term `schoolbus' is defined in
section 30125(a) of title 49, United States Code) that--
``(i) is operated solely on an alternative fuel; and
``(ii) meets or exceeds Federal vehicle emission standards
for medium-duty passenger vehicles applicable to the model
year in which the school bus is manufactured; or
``(B) a zero-emission school bus.''.
(3) Other definitions.--Section 741(a) of the Energy Policy
Act of 2005 (42 U.S.C. 16091(a)), as amended, is further
amended--
(A) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (9), and (10), respectively;
(B) by inserting after paragraph (3) the following:
``(4) Community of color.--The term `community of color'
means any geographically distinct area the population of
color of which is higher than the average population of color
of the State in which the community is located.'';
(C) by inserting after paragraph (5), as redesignated, the
following:
``(6) Indigenous community.--The term `indigenous
community' means--
``(A) a federally recognized Indian Tribe;
``(B) a State-recognized Indian Tribe;
``(C) an Alaska Native or Native Hawaiian community or
organization; and
[[Page H4827]]
``(D) any other community of indigenous people, including
communities in other countries.
``(7) Low income.--The term `low income' means an annual
household income equal to, or less than, the greater of--
``(A) an amount equal to 80 percent of the median income of
the area in which the household is located, as reported by
the Department of Housing and Urban Development; and
``(B) 200 percent of the Federal poverty line.
``(8) Low-income community.--The term `low-income
community' means any census block group in which 30 percent
or more of the population are individuals with low income.'';
and
(D) by adding at the end the following:
``(11) Zero-emission school bus.--The term `zero-emission
school bus' means a school bus (as the term `schoolbus' is
defined in section 30125(a) of title 49, United States Code)
with a drivetrain that produces, under any possible
operational mode or condition, zero exhaust emission of--
``(A) any air pollutant that is listed pursuant to section
108(a) of the Clean Air Act (42 U.S.C. 7407(a)) (or any
precursor to such an air pollutant); or
``(B) any greenhouse gas.''.
(b) Program for Retrofit or Replacement of Certain Existing
School Buses With Clean School Buses.--
(1) National grant, rebate, and loan programs.--
(A) In general.--Section 741(b)(1)(A) of the Energy Policy
Act of 2005 (42 U.S.C. 16091(b)(1)(A)) is amended by
inserting after ``awarding grants'' the following: ``,
rebates, and low-cost revolving loans, as determined by the
Administrator, including through contracts pursuant to
subsection (d),''.
(B) Conforming changes.--Section 741 of the Energy Policy
Act of 2005 (42 U.S.C. 16091) is amended--
(i) in subsection (a)(4)(B), by striking ``grant funds''
and inserting ``award funds'';
(ii) in subsection (b)(1)(B), by striking ``awarding
grants'' each place it appears and inserting ``making
awards'';
(iii) in the heading of subsection (b)(2), by striking
``grant applications'' and inserting ``award applications'';
(iv) in subsection (b)(2)(A), by striking ``grant
applications'' and inserting ``award applications'';
(v) in subsection (b)(3)(A), by striking ``grant'' and
insert ``award'';
(vi) and (b)(4)--
(I) in the paragraph heading, by striking ``grants'' and
inserting ``awards''; and
(II) by striking ``award grants'' and inserting ``make
awards'';
(vii) in subsection (b)(7)--
(I) by striking ``grant awards'' and inserting ``awards'';
and
(II) by striking ``grant funding'' and inserting
``funding'';
(viii) in subsection (b)(8)(A)(ii)--
(I) in subclauses (I) and (II), by striking ``grant
applications'' each place it appears and inserting ``award
applications''; and
(II) in subclause (III)--
(aa) by striking ``grants awarded'' and inserting ``awards
made''; and
(bb) by striking ``grant recipients'' and inserting ``award
recipients''; and
(ix) in subsection (c)(3)--
(I) in subparagraph (A)--
(aa) by striking ``grant recipients'' and inserting ``award
recipients''; and
(bb) by striking ``grants'' and inserting ``awards''; and
(II) in subparagraph (C), by striking ``grant program'' and
inserting ``award program''.
(2) Priority of award applications.--Section 741(b)(2) of
the Energy Policy Act of 2005 (42 U.S.C. 16091(b)(2)) is
amended--
(A) in subparagraph (A)--
(i) by striking ``1977'' and inserting ``2007''; and
(ii) by inserting before the period at the end ``with clean
school buses''; and
(B) by amending subparagraph (B) to read as follows:
``(B) Retrofitting.--In the case of award applications to
retrofit school buses, the Administrator shall give highest
priority to applicants that propose to retrofit school buses
manufactured before model year 2010 to become clean school
buses.''.
(3) Use of school bus fleet.--Section 741(b)(3)(B) of the
Energy Policy Act of 2005 (42 U.S.C. 16091(b)(3)(B)) is
amended by inserting ``charged,'' after ``operated,''.
(4) Replacement awards.--Paragraph (5) of section 741(b) of
the Energy Policy Act of 2005 (42 U.S.C. 16091(b)) is amended
to read as follows:
``(5) Replacement awards.--In the case of awards to replace
school buses--
``(A) the Administrator may make awards for up to--
``(i) 100 percent of the replacement costs for clean school
buses that are zero-emission school buses; and
``(ii) 60 percent of the replacement costs for other
eligible clean school buses; and
``(B) such replacement costs may include the costs of
acquiring the clean school buses and charging and fueling
infrastructure.''.
(5) Ultra low-sulfur diesel fuel.--Section 741(b) of the
Energy Policy Act of 2005 (42 U.S.C. 16091(b)) is amended--
(A) by striking paragraph (6); and
(B) by redesignating paragraph (7) as paragraph (6).
(6) Scrappage.--Section 741(b) of the Energy Policy Act of
2005 (42 U.S.C. 16091(b)) is further amended by inserting
after paragraph (6), as redesignated, the following new
paragraph:
``(7) Scrappage.--In the case of an award under this
section for the replacement of a school bus or a retrofit
including installation of a new engine, the Administrator
shall require the recipient of the award to verify that the
replaced bus, or the engine of a retrofitted bus that was
removed, was returned to the supplier for remanufacturing to
a more stringent set of engine emissions standards or for
scrappage.''.
(c) Education.--Paragraph (1) of section 741(c) of the
Energy Policy Act of 2005 (42 U.S.C. 16091(c)) is amended to
read as follows:
``(1) In general.--Not later than 90 days after the date of
enactment of the Clean Economy Jobs and Innovation Act, the
Administrator shall develop an education outreach program to
promote and explain the award program under subsection
(b).''.
(d) Contract Programs; Administrative Costs.--Section 741
of the Energy Policy Act of 2005 (42 U.S.C. 16091) is
amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Contract Programs.--
``(1) Authority.--In addition to the use of contracting
authority otherwise available to the Administrator, the
Administrator may enter into contracts with eligible
contractors described in paragraph (2) for awarding rebates
and low-cost revolving loans pursuant to subsection (b)(1).
``(2) Eligible contractors.--A contractor is an eligible
contractor described in this paragraph if the contractor is a
for-profit, not-for-profit, or nonprofit entity that has the
capacity--
``(A) to sell clean school buses or equipment to, or to
arrange financing for, individuals or entities that own a
school bus or fleet of school buses; or
``(B) to upgrade school buses or their equipment with
verified or Environmental Protection Agency-certified engines
or technologies, or to arrange financing for such upgrades.
``(e) Administrative Costs.--The Administrator may not use,
for the administrative costs of carrying out this section,
more than one percent of the amounts made available to carry
out this section for any fiscal year.''.
(e) Authorization of Appropriations.--Subsection (f), as
redesignated, of section 741 of the Energy Policy Act of 2005
(42 U.S.C. 16091) is amended to read as follows:
``(f) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
section, to remain available until expended, $130,000,000 for
each of fiscal years 2021 through 2025, of which not less
than $52,000,000 each such fiscal year shall be used for
awards under this section to eligible recipients proposing to
replace or retrofit school buses to serve a community of
color, indigenous community, low-income community, or any
community located in an air quality area designated pursuant
to section 107 of the Clean Air Act (42 U.S.C. 7407) as
nonattainment.''.
(f) Technical Amendment to Strike Redundant
Authorization.--The Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (commonly
referred to as ``SAFETEA-LU'') is amended by striking section
6015 (42 U.S.C. 16091a).
Subtitle C--Clean Cities Coalition Program
SEC. 6301. CLEAN CITIES COALITION PROGRAM.
(a) In General.--The Secretary shall carry out a program to
be known as the Clean Cities Coalition Program.
(b) Program Elements.--In carrying out the program under
subsection (a), the Secretary shall--
(1) establish criteria for designating local and regional
Clean Cities Coalitions;
(2) designate local and regional Clean Cities Coalitions
that the Secretary determines meet the criteria established
under paragraph (1);
(3) make awards to each designated Clean Cities Coalition
for administrative and program expenses of the coalition;
(4) make competitive awards to designated Clean Cities
Coalitions for projects and activities described in
subsection (c);
(5) provide technical assistance and training to designated
Clean Cities Coalitions;
(6) provide opportunities for communication and sharing of
best practices among designated Clean Cities Coalitions; and
(7) maintain, and make available to the public, a
centralized database of information included in the reports
submitted under subsection (d).
(c) Projects and Activities.--Projects and activities
eligible for awards under subsection (b)(4) are projects and
activities that reduce petroleum consumption, improve air
quality, promote energy and economic security, and encourage
deployment of a diverse, domestic supply of alternative fuels
in the transportation sector by--
(1) encouraging the purchase and use of alternative fuel
vehicles and alternative fuels, including by fleet managers;
(2) expediting the establishment of local, regional, and
national infrastructure to fuel alternative fuel vehicles;
(3) advancing the use of other petroleum fuel reduction
technologies and strategies;
(4) conducting outreach and education activities to advance
the use of alternative fuels and alternative fuel vehicles;
(5) providing training and technical assistance and tools
to users that adopt petroleum fuel reduction technologies; or
(6) collaborating with and training officials and first
responders with responsibility for permitting and enforcing
fire, building, and other safety codes related to the
deployment and use of alternative fuels or alternative fuel
vehicles.
(d) Annual Report.--Each designated Clean Cities Coalition
shall submit an annual report to the Secretary on the
activities and accomplishments of the coalition.
(e) Definitions.--In this section:
(1) Alternative fuel.--The term ``alternative fuel'' has
the meaning given such term in section 32901 of title 49,
United States Code.
[[Page H4828]]
(2) Alternative fuel vehicle.--The term ``alternative fuel
vehicle'' means any vehicle that is capable of operating,
partially or exclusively, on an alternative fuel.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(f) Funding.--
(1) Authorization of appropriations.--There are authorized
to be appropriated to carry out this section--
(A) $50,000,000 for fiscal year 2021;
(B) $60,000,000 for fiscal year 2022;
(C) $75,000,000 for fiscal year 2023;
(D) $90,000,000 for fiscal year 2024; and
(E) $100,000,000 for fiscal year 2025.
(2) Allocations.--The Secretary shall allocate funds made
available to carry out this section in each fiscal year as
follows:
(A) Thirty percent of such funds shall be distributed as
awards under subsection (b)(3).
(B) Fifty percent of such funds shall be distributed as
competitive awards under subsection (b)(4).
(C) Twenty percent of such funds shall be used to carry out
the duties of the Secretary under this section.
Subtitle D--Renewable Fuel Standard Integrity
SEC. 6401. ANNUAL DEADLINE FOR PETITIONS BY SMALL REFINERIES
FOR EXEMPTIONS FROM RENEWABLE FUEL
REQUIREMENTS.
(a) Deadline.--Notwithstanding any other provision of law,
petitions under section 211(o)(9) of the Clean Air Act (42
U.S.C. 7545(o)(9)) for an exemption from the requirements of
section 211(o)(2) of such Act (42 U.S.C. 7545(o)(2)) shall be
submitted to the Administrator of the Environmental
Protection Agency by June 1 of the year preceding the year
when such requirements would otherwise be in effect.
(b) Effect of Failure To Meet Deadline.--If a petition
described in subsection (a) is not submitted by the deadline
specified in such subsection, the petition shall be
ineligible for consideration or approval.
SEC. 6402. INFORMATION IN PETITION SUBJECT TO PUBLIC
DISCLOSURE.
(a) In General.--The information described in subsection
(b) in any submission to the Environmental Protection Agency
by any person, including a small refinery, with respect to a
petition under section 211(o)(9)(B) of the Clean Air Act (42
U.S.C. 7545(o)(9)(B))--
(1) shall not be deemed to be a trade secret or
confidential information; and
(2) shall be subject to public disclosure under section 552
of title 5, United States Code.
(b) Described Information.--The information described in
this subsection is--
(1) the name of the small refinery requesting an extension
of an exemption;
(2) the number of gallons of renewable fuel that will not
be contained in fuel pursuant to section 211(o)(2) of the
Clean Air Act (42 U.S.C. 7545(o)(2)) as a result of the
extension if the extension is granted; and
(3) the compliance year for which the extension is
requested.
(c) Applicability.--Subsection (a) applies only with
respect to information submitted with respect to a petition
under section 211(o)(9)(B) of the Clean Air Act (42 U.S.C.
7545(o)(9)(B)) for calendar year 2021 or a subsequent
calendar year.
Subtitle E--EV Infrastructure
SEC. 6501. DEFINITIONS.
In this subtitle:
(1) Electric vehicle supply equipment.--The term ``electric
vehicle supply equipment'' means any conductors, including
ungrounded, grounded, and equipment grounding conductors,
electric vehicle connectors, attachment plugs, and all other
fittings, devices, power outlets, or apparatuses installed
specifically for the purpose of delivering energy to an
electric vehicle.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) Underserved or disadvantaged community.--The term
``underserved or disadvantaged community'' means--
(A) a community located in a ZIP code that includes a
census tract that is identified as--
(i) a low-income community; or
(ii) a community of color; or
(B) any other community that the Secretary determines is
disproportionately vulnerable to, or bears a disproportionate
burden of, any combination of economic, social, and
environmental stressors.
SEC. 6502. ELECTRIC VEHICLE SUPPLY EQUIPMENT REBATE PROGRAM.
(a) Rebate Program.--Not later than January 1, 2022, the
Secretary shall establish a rebate program to provide rebates
for covered expenses associated with publicly accessible
electric vehicle supply equipment (in this section referred
to as the ``rebate program'').
(b) Rebate Program Requirements.--
(1) Eligible entities.--A rebate under the rebate program
may be made to an individual, a State, local, Tribal, or
Territorial government, a private entity, a not-for-profit
entity, a nonprofit entity, or a metropolitan planning
organization.
(2) Eligible equipment.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall publish and
maintain on the Department of Energy internet website a list
of electric vehicle supply equipment that is eligible for the
rebate program.
(B) Updates.--The Secretary may, by regulation, add to, or
otherwise revise, the list of electric vehicle supply
equipment under subparagraph (A) if the Secretary determines
that such addition or revision will likely lead to--
(i) greater usage of electric vehicle supply equipment;
(ii) greater access to electric vehicle supply equipment by
users; or
(iii) an improved experience for users of electric vehicle
supply equipment.
(C) Location requirement.--To be eligible for the rebate
program, the electric vehicle supply equipment described in
subparagraph (A) shall be installed--
(i) in the United States;
(ii) on property--
(I) owned by the eligible entity under paragraph (1); or
(II) on which the eligible entity under paragraph (1) has
authority to install electric vehicle supply equipment; and
(iii) at a location that is--
(I) a multi-unit housing structure;
(II) a workplace;
(III) a commercial location; or
(IV) open to the public for a minimum of 12 hours per day;
(3) Application.--
(A) In general.--An eligible entity under paragraph (1) may
submit to the Secretary an application for a rebate under the
rebate program. Such application shall include--
(i) the estimated cost of covered expenses to be expended
on the electric vehicle supply equipment that is eligible
under paragraph (2);
(ii) the estimated installation cost of the electric
vehicle supply equipment that is eligible under paragraph
(2);
(iii) the global positioning system location, including the
integer number of degrees, minutes, and seconds, where such
electric vehicle supply equipment is to be installed, and
identification of whether such location is--
(I) a multi-unit housing structure;
(II) a workplace;
(III) a commercial location; or
(IV) open to the public for a minimum of 12 hours per day;
(iv) the technical specifications of such electric vehicle
supply equipment, including the maximum power voltage and
amperage of such equipment; and
(v) any other information determined by the Secretary to be
necessary for a complete application.
(B) Review process.--The Secretary shall review an
application for a rebate under the rebate program and approve
an eligible entity under paragraph (1) to receive such rebate
if the application meets the requirements of the rebate
program under this subsection.
(C) Notification to eligible entity.--Not later than 1 year
after the date on which the eligible entity under paragraph
(1) applies for a rebate under the rebate program, the
Secretary shall notify the eligible entity whether the
eligible entity will be awarded a rebate under the rebate
program following the submission of additional materials
required under paragraph (5).
(4) Rebate amount.--
(A) In general.--Except as provided in subparagraph (B),
the amount of a rebate made under the rebate program for each
charging unit shall be the lesser of--
(i) 75 percent of the applicable covered expenses;
(ii) $2,000 for covered expenses associated with the
purchase and installation of non-networked level 2 charging
equipment;
(iii) $4,000 for covered expenses associated with the
purchase and installation of networked level 2 charging
equipment; or
(iv) $100,000 for covered expenses associated with the
purchase and installation of networked direct current fast
charging equipment.
(B) Rebate amount for replacement equipment.--A rebate made
under the rebate program for replacement of pre-existing
electric vehicle supply equipment at a single location shall
be the lesser of--
(i) 75 percent of the applicable covered expenses;
(ii) $1,000 for covered expenses associated with the
purchase and installation of non-networked level 2 charging
equipment;
(iii) $2,000 for covered expenses associated with the
purchase and installation of networked level 2 charging
equipment; or
(iv) $25,000 for covered expenses associated with the
purchase and installation of networked direct current fast
charging equipment.
(5) Disbursement of rebate.--
(A) In general.--The Secretary shall disburse a rebate
under the rebate program to an eligible entity under
paragraph (1), following approval of an application under
paragraph (3), if such entity submits the materials required
under subparagraph (B).
(B) Materials required for disbursement of rebate.--Not
later than one year after the date on which the eligible
entity under paragraph (1) receives notice under paragraph
(3)(C) that the eligible entity has been approved for a
rebate, such eligible entity shall submit to the Secretary
the following--
(i) a record of payment for covered expenses expended on
the installation of the electric vehicle supply equipment
that is eligible under paragraph (2);
(ii) a record of payment for the electric vehicle supply
equipment that is eligible under paragraph (2);
(iii) the global positioning system location of where such
electric vehicle supply equipment was installed and
identification of whether such location is--
(I) a multi-unit housing structure;
(II) a workplace;
(III) a commercial location; or
(IV) open to the public for a minimum of 12 hours per day;
(iv) the technical specifications of the electric vehicle
supply equipment that is eligible under paragraph (2),
including the maximum power voltage and amperage of such
equipment; and
(v) any other information determined by the Secretary to be
necessary.
(C) Agreement to maintain.--To be eligible for a rebate
under the rebate program, an eligible entity under paragraph
(1) shall enter into
[[Page H4829]]
an agreement with the Secretary to maintain the electric
vehicle supply equipment that is eligible under paragraph (2)
in a satisfactory manner for not less than 5 years after the
date on which the eligible entity under paragraph (1)
receives the rebate under the rebate program.
(D) Exception.--The Secretary shall not disburse a rebate
under the rebate program if materials submitted under
subparagraph (B) do not meet the same global positioning
system location and technical specifications for the electric
vehicle supply equipment that is eligible under paragraph (2)
provided in an application under paragraph (3).
(6) Multi-port chargers.--An eligible entity under
paragraph (1) shall be awarded a rebate under the rebate
program for covered expenses relating to the purchase and
installation of a multi-port charger based on the number of
publicly accessible charging ports, with each subsequent port
after the first port being eligible for 50 percent of the
full rebate amount.
(7) Networked direct current fast charging.--Of amounts
appropriated to carry out the rebate program, not more than
40 percent may be used for rebates of networked direct
current fast charging equipment.
(8) Hydrogen fuel cell refueling infrastructure.--Hydrogen
refueling equipment shall be eligible for a rebate under the
rebate program as though it were networked direct current
fast charging equipment. All requirements related to public
accessibility of installed locations shall apply.
(9) Report.--Not later than 3 years after the first date on
which the Secretary awards a rebate under the rebate program,
the Secretary 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 of the
number of rebates awarded for electric vehicle supply
equipment and hydrogen fuel cell refueling equipment in each
of the location categories described in paragraph
(2)(C)(iii).
(c) Definitions.--In this section:
(1) Covered expenses.--The term ``covered expenses'' means
an expense that is associated with the purchase and
installation of electric vehicle supply equipment,
including--
(A) the cost of electric vehicle supply equipment;
(B) labor costs associated with the installation of such
electric vehicle supply equipment, only if wages for such
labor are paid at rates not less than those prevailing on
similar labor in the locality of installation, 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'');
(C) material costs associated with the installation of such
electric vehicle supply equipment, including expenses
involving electrical equipment and necessary upgrades or
modifications to the electrical grid and associated
infrastructure required for the installation of such electric
vehicle supply equipment;
(D) permit costs associated with the installation of such
electric vehicle supply equipment; and
(E) the cost of an on-site energy storage system.
(2) Electric vehicle.--The term ``electric vehicle'' means
a vehicle that derives all or part of its power from
electricity.
(3) Multi-port charger.--The term ``multi-port charger''
means electric vehicle supply equipment capable of charging
more than one electric vehicle.
(4) Level 2 charging equipment.--The term ``level 2
charging equipment'' means electric vehicle supply equipment
that provides an alternating current power source at a
minimum of 208 volts.
(5) Networked direct current fast charging equipment.--The
term ``networked direct current fast charging equipment''
means electric vehicle supply equipment that provides a
direct current power source at a minimum of 50 kilowatts and
is enabled to connect to a network to facilitate data
collection and access.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $100,000,000 for
each of fiscal years 2021 through 2025.
SEC. 6503. EXPANDING ACCESS TO ELECTRIC VEHICLES IN
UNDERSERVED COMMUNITIES.
(a) Assessment.--
(1) In general.--
(A) Assessment.--The Secretary shall conduct an assessment
of the state of, challenges to, and opportunities for the
deployment of electric vehicle charging infrastructure in
underserved or disadvantaged communities located in major
urban areas and rural areas throughout the United States.
(B) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary 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 the results of the
assessment conducted under subparagraph (A), which shall--
(i) describe the state of deployment of electric vehicle
charging infrastructure in underserved or disadvantaged
communities located in major urban areas and rural areas by
providing--
(I) the number of existing and planned Level 2 charging
stations and DC FAST charging stations per capita in each
State for charging individually owned light-duty and medium-
duty electric vehicles;
(II) the number of existing and planned Level 2 charging
stations and DC FAST charging stations for charging public
and private fleet electric vehicles and medium- and heavy-
duty electric equipment and electric vehicles;
(III) the number of Level 2 charging stations and DC FAST
charging stations installed in or available to occupants of
publicly owned and privately owned multi-unit dwellings;
(IV) information pertaining to policies, plans, and
programs that cities, States, utilities, and private entities
are using to encourage greater deployment and usage of
electric vehicles and the associated electric vehicle
charging infrastructure, including programs to encourage
deployment of charging stations available to residents in
publicly owned and privately owned multi-unit dwellings;
(V) information pertaining to ownership models for Level 2
charging stations and DC FAST charging stations located in
publicly owned and privately owned residential multi-unit
dwellings, commercial buildings, public and private parking
areas, and curb-side locations; and
(VI) information pertaining to how charging stations are
financed and the rates charged for the use of Level 2
charging stations and DC FAST charging stations;
(ii) describe the methodology used to obtain the
information provided in the report;
(iii) identify the barriers to expanding deployment of
electric vehicle charging infrastructure in underserved or
disadvantaged communities in major urban areas and rural
areas, including any challenges relating to such deployment
in multi-unit dwellings;
(iv) compile and provide an analysis of the best practices
and policies used by State and local governments and private
entities to increase deployment of electric vehicle charging
infrastructure in underserved or disadvantaged communities in
major urban areas and rural areas, including best practices
with respect to--
(I) public outreach and engagement; and
(II) increasing deployment of electric vehicle charging
infrastructure in publicly owned and privately owned multi-
unit dwellings; and
(v) enumerate and identify the number of electric vehicle
charging stations per capita at locations within each major
urban area and rural area throughout the United States with
detail at the level of ZIP Codes and census tracts.
(2) Five-year update assessment.--Not later than 5 years
after the date of the enactment of this Act, the Secretary
shall--
(A) update the assessment conducted under paragraph (1)(A);
and
(B) make public and 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, which
shall--
(i) update the information required by paragraph (1)(B);
and
(ii) include a description of case studies and key lessons
learned after the date on which the report under paragraph
(1)(B) was submitted with respect to expanding the deployment
of electric vehicle charging infrastructure in underserved or
disadvantaged communities in major urban areas and rural
areas.
(b) Definitions.--In this section:
(1) Electric vehicle charging infrastructure.--The term
``electric vehicle charging infrastructure'' means electric
vehicle supply equipment and other physical assets that
provide for the distribution of and access to electricity for
the purpose of charging an electric vehicle or a plug-in
hybrid electric vehicle.
(2) Major urban area.--The term ``major urban area'' means
a metropolitan statistical area within the United States with
an estimated population that is greater than or equal to
1,500,000.
SEC. 6504. ENSURING PROGRAM BENEFITS FOR UNDERSERVED AND
DISADVANTAGED COMMUNITIES.
In carrying out this subtitle, and the amendments made by
this subtitle, the Secretary shall provide, to the extent
practicable access to electric vehicle charging
infrastructure, address transportation needs, and provide
improved air quality in underserved or disadvantaged
communities.
SEC. 6505. MODEL BUILDING CODE FOR ELECTRIC VEHICLE SUPPLY
EQUIPMENT.
(a) Review.--The Secretary shall review proposed or final
model building codes for--
(1) integrating electric vehicle supply equipment into
residential and commercial buildings that include space for
individual vehicle or fleet vehicle parking; and
(2) integrating onsite renewable power equipment and
electric storage equipment (including electric vehicle
batteries to be used for electric storage) into residential
and commercial buildings.
(b) Technical Assistance.--The Secretary shall provide
technical assistance to stakeholders representing the
building construction industry, manufacturers of electric
vehicles and electric vehicle supply equipment, State and
local governments, and any other persons with relevant
expertise or interests to facilitate understanding of the
model code and best practices for adoption by jurisdictions.
SEC. 6506. ELECTRIC VEHICLE SUPPLY EQUIPMENT COORDINATION.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Secretary, acting through the
Assistant Secretary of the Office of Electricity Delivery and
Energy Reliability (including the Smart Grid Task Force),
shall convene a group to assess progress in the development
of standards necessary to--
(1) support the expanded deployment of electric vehicle
supply equipment;
(2) develop an electric vehicle charging network to provide
reliable charging for electric vehicles nationwide; and
(3) ensure the development of such network will not
compromise the stability and reliability of the electric
grid.
(b) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall provide to
the Committee on Energy and Commerce of the House of
Representatives and to the Committee on Energy and Natural
Resources of the Senate a report containing
[[Page H4830]]
the results of the assessment carried out under subsection
(a) and recommendations to overcome any barriers to standards
development or adoption identified by the group convened
under such subsection.
SEC. 6507. STATE CONSIDERATION OF ELECTRIC VEHICLE CHARGING.
(a) Consideration and Determination Respecting Certain
Ratemaking Standards.--Section 111(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is
further amended by adding at the end the following:
``(21) Electric vehicle charging programs.--
``(A) In general.--Each State shall consider measures to
promote greater electrification of the transportation sector,
including--
``(i) authorizing measures to stimulate investment in and
deployment of electric vehicle supply equipment and to foster
the market for electric vehicle charging;
``(ii) authorizing each electric utility of the State to
recover from ratepayers any capital, operating expenditure,
or other costs of the electric utility relating to load
management, programs, or investments associated with the
integration of electric vehicle supply equipment into the
grid; and
``(iii) allowing a person or agency that owns and operates
an electric vehicle charging facility for the sole purpose of
recharging an electric vehicle battery to be excluded from
regulation as an electric utility pursuant to section 3(4)
when making electricity sales from the use of the electric
vehicle charging facility, if such sales are the only sales
of electricity made by the person or agency.
``(B) Definition.--For purposes of this paragraph, the term
`electric vehicle supply equipment' means conductors,
including ungrounded, grounded, and equipment grounding
conductors, electric vehicle connectors, attachment plugs,
and all other fittings, devices, power outlets, or
apparatuses installed specifically for the purpose of
delivering energy to an electric vehicle.''.
(b) Obligations To Consider and Determine.--
(1) Time limitations.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is
amended by adding at the end the following:
``(8)(A) Not later than 1 year after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each electric utility for which it has ratemaking
authority) and each nonregulated electric utility shall
commence the consideration referred to in section 111, or set
a hearing date for consideration, with respect to the
standards established by paragraph (21) of section 111(d).
``(B) Not later than 2 years after the date of the
enactment of this paragraph, each State regulatory authority
(with respect to each electric utility for which it has
ratemaking authority), and each nonregulated electric
utility, shall complete the consideration, and shall make the
determination, referred to in section 111 with respect to
each standard established by paragraph (21) of section
111(d).''.
(2) Failure to comply.--Section 112(c) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c))
is amended by adding at the end the following: ``In the case
of the standard established by paragraph (21) of section
111(d), the reference contained in this subsection to the
date of enactment of this Act shall be deemed to be a
reference to the date of enactment of that paragraph.''.
(3) Prior state actions.--Section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended
by adding at the end the following:
``(h) Prior State Actions.--Subsections (b) and (c) of this
section shall not apply to the standard established by
paragraph (21) of section 111(d) in the case of any electric
utility in a State if, before the enactment of this
subsection--
``(1) the State has implemented for such utility the
standard concerned (or a comparable standard);
``(2) the State regulatory authority for such State or
relevant nonregulated electric utility has conducted a
proceeding to consider implementation of the standard
concerned (or a comparable standard) for such utility;
``(3) the State legislature has voted on the implementation
of such standard (or a comparable standard) for such utility;
or
``(4) the State has taken action to implement incentives or
other steps to strongly encourage the deployment of electric
vehicles.''.
(4) Prior and pending proceedings.--Section 124 of the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
2634) is amended is amended by adding at the end the
following: ``In the case of the standard established by
paragraph (21) of section 111(d), the reference contained in
this section to the date of the enactment of this Act shall
be deemed to be a reference to the date of enactment of such
paragraph (21).''.
SEC. 6508. STATE ENERGY PLANS.
(a) State Energy Conservation Plans.--Section 362(d) of the
Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is
amended--
(1) in paragraph (16), by striking ``; and'' and inserting
a semicolon;
(2) by redesignating paragraph (17) as paragraph (18); and
(3) by inserting after paragraph (16) the following:
``(17) a State energy transportation plan developed in
accordance with section 368; and''.
(b) Authorization of Appropriations.--Section 365(f) of the
Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is
amended to read as follows:
``(f) Authorization of Appropriations.--
``(1) State energy conservation plans.--For the purpose of
carrying out this part, there are authorized to be
appropriated $100,000,000 for each of fiscal years 2021
through 2025.
``(2) State energy transportation plans.--In addition to
the amounts authorized under paragraph (1), for the purpose
of carrying out section 368, there are authorized to be
appropriated $25,000,000 for each of fiscal years 2021
through 2025.''.
(c) State Energy Transportation Plans.--
(1) In general.--Part D of title III of the Energy Policy
and Conservation Act (42 U.S.C. 6321 et seq.) is further
amended by adding at the end the following:
``SEC. 368. STATE ENERGY TRANSPORTATION PLANS.
``(a) In General.--The Secretary may provide financial
assistance to a State to develop a State energy
transportation plan, for inclusion in a State energy
conservation plan under section 362(d), to promote the
electrification of the transportation system, reduced
consumption of fossil fuels, and improved air quality.
``(b) Development.--A State developing a State energy
transportation plan under this section shall carry out this
activity through the State energy office that is responsible
for developing the State energy conservation plan under
section 362.
``(c) Contents.--A State developing a State energy
transportation plan under this section shall include in such
plan a plan to--
``(1) deploy a network of electric vehicle supply equipment
to ensure access to electricity for electric vehicles,
including commercial vehicles; and
``(2) promote modernization of the electric grid to
accommodate demand for power to operate electric vehicle
supply equipment and to utilize energy storage capacity
provided by electric vehicles, including commercial vehicles.
``(d) Coordination.--In developing a State energy
transportation plan under this section, a State shall
coordinate, as appropriate, with--
``(1) State regulatory authorities (as defined in section 3
of the Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 2602));
``(2) electric utilities;
``(3) regional transmission organizations or independent
system operators;
``(4) private entities that provide electric vehicle
charging services;
``(5) State transportation agencies, metropolitan planning
organizations, and local governments;
``(6) electric vehicle manufacturers;
``(7) public and private entities that manage vehicle
fleets; and
``(8) public and private entities that manage ports,
airports, or other transportation hubs.
``(e) Technical Assistance.--Upon request of the Governor
of a State, the Secretary shall provide information and
technical assistance in the development, implementation, or
revision of a State energy transportation plan.
``(f) Electric Vehicle Supply Equipment Defined.--For
purposes of this section, the term `electric vehicle supply
equipment' means conductors, including ungrounded, grounded,
and equipment grounding conductors, electric vehicle
connectors, attachment plugs, and all other fittings,
devices, power outlets, or apparatuses installed specifically
for the purpose of delivering energy to an electric
vehicle.''.
(2) Conforming amendment.--The table of sections for part D
of title III of the Energy Policy and Conservation Act is
further amended by adding at the end the following:
``Sec. 368. State energy security plans.''.
SEC. 6509. TRANSPORTATION ELECTRIFICATION.
Section 131 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17011) is amended--
(1) in subsection (a)(6)--
(A) in subparagraph (A), by inserting ``, including ground
support equipment at ports'' before the semicolon;
(B) in subparagraph (E), by inserting ``and vehicles''
before the semicolon;
(C) in subparagraph (H), by striking ``and'' at the end;
(D) in subparagraph (I)--
(i) by striking ``battery chargers,''; and
(ii) by striking the period at the end and inserting a
semicolon; and
(E) by adding at the end the following:
``(J) installation of electric vehicle supply equipment for
recharging plug-in electric drive vehicles, including such
equipment that is accessible in rural and urban areas and in
underserved or disadvantaged communities and such equipment
for medium- and heavy-duty vehicles, including at depots and
in-route locations;
``(K) multi-use charging hubs used for multiple forms of
transportation;
``(L) medium- and heavy-duty vehicle smart charging
management and refueling;
``(M) battery recycling and secondary use, including for
medium- and heavy-duty vehicles; and
``(N) sharing of best practices, and technical assistance
provided by the Department to public utilities commissions
and utilities, for medium- and heavy-duty vehicle
electrification.'';
(2) in subsection (b)--
(A) in paragraph (3)(A)(ii), by inserting ``, components
for such vehicles, and charging equipment for such vehicles''
after ``vehicles''; and
(B) in paragraph (6), by striking ``$90,000,000 for each of
fiscal years 2008 through 2012'' and inserting
``$2,000,000,000 for each of fiscal years 2021 through
2025'';
(3) in subsection (c)--
(A) in the header, by striking ``Near-Term'' and inserting
``Large-Scale''; and
(B) in paragraph (4), by striking ``$95,000,000 for each of
fiscal years 2008 through 2013'' and inserting
``$2,500,000,000 for each of fiscal years 2021 through
2025''; and
(4) by redesignating subsection (d) as subsection (e) and
inserting after subsection (c) the following:
``(d) Priority.--In providing grants under subsections (b)
and (c), the Secretary shall give
[[Page H4831]]
priority consideration to applications that contain a written
assurance that all laborers and mechanics employed by
contractors or subcontractors during construction,
alteration, or repair that is financed, in whole or in part,
by a grant provided 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 in
accordance with sections 3141 through 3144, 3146, and 3147 of
title 40, United States Code (and the Secretary of Labor
shall, with respect to the labor standards described in this
clause, have the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and
section 3145 of title 40, United States Code).''.
SEC. 6510. FEDERAL FLEETS.
(a) Minimum Federal Fleet Requirement.--Section 303 of the
Energy Policy Act of 1992 (42 U.S.C. 13212) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) The Secretary, in consultation with the Administrator
of General Services, shall ensure that in acquiring medium-
and heavy-duty vehicles for a Federal fleet, a Federal entity
shall acquire zero emission vehicles to the maximum extent
feasible.'';
(2) by striking subsection (b) and inserting the following:
``(b) Percentage Requirements.--
``(1) In general.--
``(A) Light-duty vehicles.--Beginning in fiscal year 2025,
100 percent of the total number of light-duty vehicles
acquired by a Federal entity for a Federal fleet shall be
alternative fueled vehicles, of which--
``(i) at least 50 percent shall be zero emission vehicles
or plug-in hybrids in fiscal years 2025 through 2034;
``(ii) at least 75 percent shall be zero emission vehicles
or plug-in hybrids in fiscal years 2035 through 2049; and
``(iii) 100 percent shall be zero emission vehicles in
fiscal year 2050 and thereafter.
``(B) Medium- and heavy-duty vehicles.--The following
percentages of the total number of medium- and heavy-duty
vehicles acquired by a Federal entity for a Federal fleet
shall be alternative fueled vehicles:
``(i) At least 20 percent in fiscal years 2025 through
2029.
``(ii) At least 30 percent in fiscal years 2030 through
2039.
``(iii) At least 40 percent in fiscal years 2040 through
2049.
``(iv) At least 50 percent in fiscal year 2050 and
thereafter.
``(2) Exception.--The Secretary, in consultation with the
Administrator of General Services where appropriate, may
permit a Federal entity to acquire for a Federal fleet a
smaller percentage than is required in paragraph (1) for a
fiscal year, so long as the aggregate percentage acquired for
each class of vehicle for all Federal fleets in the fiscal
year is at least equal to the required percentage.
``(3) Definitions.--In this subsection:
``(A) Federal fleet.--The term `Federal fleet' means a
fleet of vehicles that are centrally fueled or capable of
being centrally fueled and are owned, operated, leased, or
otherwise controlled by or assigned to any Federal executive
department, military department, Government corporation,
independent establishment, or executive agency, the United
States Postal Service, the Congress, the courts of the United
States, or the Executive Office of the President. Such term
does not include--
``(i) motor vehicles held for lease or rental to the
general public;
``(ii) motor vehicles used for motor vehicle manufacturer
product evaluations or tests;
``(iii) law enforcement vehicles;
``(iv) emergency vehicles; or
``(v) motor vehicles acquired and used for military
purposes that the Secretary of Defense has certified to the
Secretary must be exempt for national security reasons.
``(B) Fleet.--The term `fleet' means--
``(i) 20 or more light-duty vehicles, located in a
metropolitan statistical area or consolidated metropolitan
statistical area, as established by the Bureau of the Census,
with a 1980 population of more than 250,000; or
``(ii) 10 or more medium- or heavy-duty vehicles, located
at a Federal facility or located in a metropolitan
statistical area or consolidated metropolitan statistical
area, as established by the Bureau of the Census, with a 1980
population of more than 250,000.''; and
(3) in subsection (f)(2)(B)--
(A) by striking ``, either''; and
(B) in clause (i), by striking ``or'' and inserting
``and''.
(b) Federal Fleet Conservation Requirements.--Section
400FF(a) of the Energy Policy and Conservation Act (42 U.S.C.
6374e) is amended--
(1) in paragraph (1)--
(A) by striking ``18 months after the date of enactment of
this section'' and inserting ``12 months after the date of
enactment of the Clean Economy Jobs and Innovation Act'';
(B) by striking ``2010'' and inserting ``2022''; and
(C) by striking ``and increase alternative fuel
consumption'' and inserting ``, increase alternative fuel
consumption, and reduce vehicle greenhouse gas emissions'';
and
(2) by striking paragraph (2) and inserting the following:
``(2) Goals.--The goals of the requirements under paragraph
(1) are that each Federal agency shall--
``(A) reduce fleet-wide per-mile greenhouse gas emissions
from agency fleet vehicles, relative to a baseline of
emissions in 2015, by--
``(i) not less than 30 percent by the end of fiscal year
2025;
``(ii) not less than 50 percent by the end of fiscal year
2030; and
``(iii) 100 percent by the end of fiscal year 2050; and
``(B) increase the annual percentage of alternative fuel
consumption by agency fleet vehicles as a proportion of total
annual fuel consumption by Federal fleet vehicles, to
achieve--
``(i) 25 percent of total annual fuel consumption that is
alternative fuel by the end of fiscal year 2025;
``(ii) 50 percent of total annual fuel consumption that is
alternative fuel by the end of fiscal year 2035; and
``(iii) at least 85 percent of total annual fuel
consumption that is alternative fuel by the end of fiscal
year 2050.''.
SEC. 6511. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.
(a) Hybrid Vehicles, Advanced Vehicles, and Fuel Cell
Buses.--Subtitle B of title VII of the Energy Policy Act of
2005 (42 U.S.C. 16061 et seq.) is amended--
(1) in the subtitle header, by inserting ``Plug-In Electric
Vehicles,'' before ``Hybrid Vehicles''; and
(2) in part 1, in the part header, by striking ``hybrid''
and inserting ``plug-in electric''.
(b) Plug-In Electric Vehicles.--Section 711 of the Energy
Policy Act of 2005 (42 U.S.C. 16061) is amended to read as
follows:
``SEC. 711. PLUG-IN ELECTRIC VEHICLES.
``The Secretary shall accelerate efforts, related to
domestic manufacturing, that are directed toward the
improvement of batteries, power electronics, and other
technologies for use in plug-in electric vehicles.''.
(c) Efficient Hybrid and Advanced Diesel Vehicles.--Section
712 of the Energy Policy Act of 2005 (42 U.S.C. 16062) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, plug-in electric,''
after ``efficient hybrid''; and
(B) by amending paragraph (3) to read as follows:
``(3) Priority.--Priority shall be given to--
``(A) the refurbishment or retooling of manufacturing
facilities that have recently ceased operation or would
otherwise cease operation in the near future; and
``(B) applications containing a written assurance that--
``(i) all laborers and mechanics employed by contractors or
subcontractors during construction, alteration, retooling, or
repair that is financed, in whole or in part, by a grant
under this subsection shall be paid wages at rates not less
than those prevailing on similar construction in the
locality, as determined by the Secretary of Labor in
accordance with sections 3141 through 3144, 3146, and 3147 of
title 40, United States Code;
``(ii) all laborers and mechanics employed by the owner or
operator of a manufacturing facility that is financed, in
whole or in part, by a grant under this subsection shall be
paid wages at rates not less than those prevailing on similar
construction in the locality, as determined by the Secretary
of Labor in accordance with sections 3141 through 3144, 3146,
and 3147 of title 40, United States Code; and
``(iii) the Secretary of Labor shall, with respect to the
labor standards described in this paragraph, have the
authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title
40, United States Code.''; and
(2) by striking subsection (c) and inserting the following:
``(c) Cost Share and Guarantee of Operation.--
``(1) Condition.--A recipient of a grant under this section
shall pay the Secretary the full amount of the grant if the
facility financed in whole or in part under this subsection
fails to manufacture goods for a period of at least 10 years
after the completion of construction.
``(2) Cost share.--Section 988(c) shall apply to a grant
made under this subsection.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$2.5 billion for each of fiscal years 2021 through 2025.
``(e) Period of Availability.--An award made under this
section after the date of enactment of this subsection shall
only be available with respect to facilities and equipment
placed in service before December 30, 2035.''.
(d) Conforming Amendment.--The table of contents of the
Energy Policy Act of 2005 is amended--
(1) in the item relating to subtitle B of title VII, by
inserting ``Plug-In Electric Vehicles,'' before ``Hybrid
Vehicles'';
(2) in the item relating to part 1 of such subtitle, by
striking ``Hybrid'' and inserting ``Plug-In Electric''; and
(3) in the item relating to section 711, by striking
``Hybrid'' and inserting ``Plug-in electric''.
SEC. 6512. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING
INCENTIVE PROGRAM.
Section 136 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17013) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively, and indenting
appropriately;
(ii) by striking ``(1) Advanced technology vehicle.--'' and
all that follows through ``meets--'' and inserting the
following:
``(1) Advanced technology vehicle.--The term `advanced
technology vehicle' means--
``(A) an ultra efficient vehicle;
``(B) a light-duty vehicle or medium-duty passenger vehicle
that--'';
(iii) in subparagraph (B)(i) (as so redesignated), by
striking ``the Bin 5 Tier II'' and inserting ``meets the Bin
160 Tier III'';
(iv) in subparagraph (B)(ii) (as so redesignated), by
inserting ``meets'' before ``any new'';
[[Page H4832]]
(v) by amending subparagraph (B)(iii) (as so redesignated)
to read as follows:
``(iii)(I) for vehicles produced in model years 2021
through 2025, meets the applicable regulatory standards for
emissions of greenhouse gases for model year 2021 through
2025 vehicles promulgated by the Administrator of the
Environmental Protection Agency on October 15, 2012 (77 Fed.
Reg. 62624); or
``(II) emits zero emissions of greenhouse gases; or''; and
(vi) by adding at the end the following:
``(C) a heavy-duty vehicle (excluding a medium-duty
passenger vehicle) that--
``(i) complies early with and demonstrates achievement
below the applicable regulatory standards for emissions of
greenhouse gases for model year 2027 vehicles promulgated by
the Administrator on October 25, 2016 (81 Fed. Reg. 73478);
or
``(ii) emits zero emissions of greenhouse gases.'';
(B) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2);
(C) by striking paragraph (4) and inserting the following:
``(3) Qualifying component.--The term `qualifying
component' means a material, technology, component, system,
or subsystem in an advanced technology vehicle, including an
ultra-efficient component.
``(4) Ultra-efficient component.--The term `ultra-efficient
component' means a component of an ultra efficient vehicle,
including--
``(A) fuel cell technology;
``(B) battery technology, including a battery cell,
battery, battery management system, or thermal control
system;
``(C) an automotive semiconductor or computer;
``(D) an electric motor, axle, or component; and
``(E) an advanced lightweight, high-strength, or high-
performance material.''; and
(D) in paragraph (5)--
(i) in subparagraph (B), by striking ``or'' at the end;
(ii) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(iii) by adding at the end the following:
``(D) at least 75 miles per gallon equivalent while
operating as a hydrogen fuel cell electric vehicle.'';
(2) by amending subsection (b) to read as follows:
``(b) Advanced Vehicles Manufacturing Facility.--
``(1) In general.--The Secretary shall provide facility
funding awards under this section to advanced technology
vehicle manufacturers and component suppliers to pay not more
than 50 percent of the cost of--
``(A) reequipping, expanding, or establishing a
manufacturing facility in the United States to produce--
``(i) advanced technology vehicles; or
``(ii) qualifying components; and
``(B) engineering integration performed in the United
States of advanced technology vehicles and qualifying
components.
``(2) Ultra-efficient components cost share.--
Notwithstanding paragraph (1), a facility funding award under
such paragraph may pay not more than 80 percent of the cost
of a project to reequip, expand, or establish a manufacturing
facility in the United States to produce ultra-efficient
components.'';
(3) in subsection (c), by striking ``2020'' and inserting
``2030'' each place it appears;
(4) in subsection (d)--
(A) by amending paragraph (2) to read as follows:
``(2) Application.--An applicant for a loan 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, including--
``(A) a written assurance that--
``(i) all laborers and mechanics employed by contractors or
subcontractors during construction, alteration, or repair, or
at any manufacturing operation, that is financed, in whole or
in part, by a loan under this section shall be paid wages at
rates not less than those prevailing in a similar firm or on
similar construction in the locality, as determined by the
Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code; and
``(ii) the Secretary of Labor shall, with respect to the
labor standards described in this paragraph, have the
authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and
section 3145 of title 40, United States Code;
``(B) a disclosure of whether there has been any
administrative merits determination, arbitral award or
decision, or civil judgment, as defined in guidance issued by
the Secretary of Labor, rendered against the applicant in the
preceding 3 years for violations of applicable labor,
employment, civil rights, or health and safety laws;
``(C) specific information regarding the actions the
applicant will take to demonstrate compliance with, and where
possible exceedance of, requirements under applicable labor,
employment, civil rights, and health and safety laws, and
actions the applicant will take to ensure that its direct
suppliers demonstrate compliance with applicable labor,
employment, civil rights, and health and safety laws; and
``(D) an estimate and description of the jobs and types of
jobs to be retained or created by the project and the
specific actions the applicant will take to increase
employment and retention of dislocated workers, veterans,
individuals from low-income communities, women, minorities,
and other groups underrepresented in manufacturing, and
individuals with a barrier to employment.'';
(B) by amending paragraph (3) to read as follows:
``(3) Selection of eligible projects.--The Secretary shall
select eligible projects to receive loans under this
subsection in cases in which the Secretary determines--
``(A) the loan recipient--
``(i) has a reasonable prospect of repaying the principal
and interest on the loan;
``(ii) will provide sufficient information to the Secretary
for the Secretary to ensure that the qualified investment is
expended efficiently and effectively; and
``(iii) has met such other criteria as may be established
and published by the Secretary; and
``(B) the amount of the loan (when combined with amounts
available to the loan recipient from other sources) will be
sufficient to carry out the project.''; and
(C) in paragraph (4)--
(i) in subparagraph (B)(i), by striking ``; and'' and
inserting ``; or'';
(ii) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(iii) in subparagraph (D), by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following:
``(E) shall be subject to the condition that the loan is
not subordinate to other financing.'';
(5) by amending subsection (e) to read as follows:
``(e) Regulations.--Not later than 6 months after the date
of enactment of the Clean Economy Jobs and Innovation Act,
the Secretary shall issue a final rule establishing
regulations to carry out this section.'';
(6) by amending subsection (f) to read as follows:
``(f) Fees.--The Secretary shall charge and collect fees
for loans under this section in amounts the Secretary
determines are sufficient to cover applicable administrative
expenses (including any costs associated with third-party
consultants engaged by the Secretary), which may not exceed
$100,000 or 10 basis points of the loan and may not be
collected prior to financial closing.'';
(7) by amending subsection (g) to read as follows:
``(g) Priority.--The Secretary shall, in making awards or
loans to those manufacturers that have existing facilities
(which may be idle), give priority to those facilities that
are or would be--
``(1) oldest or in existence for at least 20 years;
``(2) recently closed, or at risk of closure;
``(3) utilized primarily for the manufacture of medium-duty
passenger vehicles or other heavy-duty vehicles that emit
zero greenhouse gas emissions; or
``(4) utilized primarily for the manufacture of ultra-
efficient components.'';
(8) in subsection (h)--
(A) in the header, by striking ``Automobile'' and inserting
``Advanced Technology Vehicle''; and
(B) in paragraph (1)(B), by striking ``automobiles, or
components of automobiles'' and inserting ``advanced
technology vehicles, or components of advanced technology
vehicles'';
(9) by striking subsection (i) and redesignating subsection
(j) as subsection (i); and
(10) by adding at the end the following:
``(j) Coordination.--In carrying out this section, the
Secretary shall coordinate with relevant vehicle, bioenergy,
and hydrogen and fuel cell demonstration project activities
supported by the Department.
``(k) Outreach.--In carrying out this section, the
Secretary shall--
``(1) provide assistance with the completion of
applications for awards or loans under this section; and
``(2) conduct outreach, including through conferences and
online programs, to disseminate information on awards and
loans under this section to potential applicants.
``(l) Report.--Not later than 2 years after the date of the
enactment of this subsection, and every 3 years thereafter,
the Secretary shall submit to Congress a report on the status
of projects supported by a loan under this section,
including--
``(1) a list of projects receiving a loan under this
section, including the loan amount and construction status of
each such project;
``(2) the status of each project's loan repayment,
including future repayment projections;
``(3) data regarding the number of direct and indirect jobs
retained, restored, or created by financed projects;
``(4) the number of new projects projected to receive a
loan under this section in the next 2 years and the aggregate
loan amount; and
``(5) any other metrics the Secretary finds appropriate.
``(m) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $10,000,000 for each of fiscal years 2021 through
2025 to administer this section; and
``(2) $10,000,000 for fiscal year 2021, to remain available
until expended, for administrative costs associated with
loans under this section that are not covered by fees
collected under subsection (f).''.
Subtitle F--Vehicles Used for Competition
SEC. 6601. TREATMENT OF VEHICLES NOT LEGAL FOR OPERATION ON A
STREET OR HIGHWAY AND USED SOLELY FOR
COMPETITION.
(a) Treatment.--An action with respect to any device or
element of design referred to in paragraph (3) of section
203(a) of the Clean Air Act (42 U.S.C. 7522(a)) shall not be
treated as a prohibited act under such paragraph if the
action is for the purpose of modifying a motor vehicle that
is not legal for operation on a street or highway and is to
be used solely for competition.
(b) Implementation.--Not later than 18 months after the
date of enactment of this Act, the Administrator of the
Environmental Protection Agency shall promulgate final
regulations as necessary to implement subsection (a).
[[Page H4833]]
TITLE VII--ADVANCED RESEARCH PROJECTS AGENCY--ENERGY
SEC. 7001. ARPA-E AMENDMENTS.
(a) Establishment.--Section 5012(b) of the America COMPETES
Act (42 U.S.C. 16538(b)) is amended by striking ``development
of energy technologies'' and inserting ``development of
transformative science and technology solutions to address
the energy and environmental missions of the Department''.
(b) Goals.--Section 5012(c) of the America COMPETES Act (42
U.S.C. 16538(c)) is amended--
(1) by striking paragraph (1)(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;
``(iv) provide transformative solutions to improve the
management, clean-up, and disposal of radioactive waste and
spent nuclear fuel; and
``(v) 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 technology projects'' and inserting
``advanced technology projects''.
(c) Responsibilities.--Section 5012(e)(3)(A) of the America
COMPETES Act (42 U.S.C. 16538(e)(3)(A)) is amended by
striking ``energy''.
(d) Reports and Roadmaps.--Section 5012(h) of the America
COMPETES Act (42 U.S.C. 16538(h)) is amended to read as
follows:
``(h) Reports and Roadmaps.--
``(1) Annual report.--As part of the annual budget request
submitted for each fiscal year, the Director shall provide to
the relevant authorizing and appropriations committees of
Congress a report that--
``(A) describes projects supported by ARPA-E during the
previous fiscal year;
``(B) describes projects supported by ARPA-E during the
previous fiscal year that examine topics and technologies
closely related to other activities funded by the Department,
and includes an analysis of whether in supporting such
projects, the Director is in compliance with subsection
(i)(1); and
``(C) describes current, proposed, and planned projects to
be carried out pursuant to subsection (e)(3)(D).
``(2) Strategic vision roadmap.--Not later than October 1,
2021, and every four years thereafter, the Director shall
provide to the relevant authorizing and appropriations
committees of Congress a roadmap describing the strategic
vision that ARPA-E will use to guide the choices of ARPA-E
for future technology investments over the following 4 fiscal
years.''.
(e) Coordination and Nonduplication.--Section 5012(i)(1) of
the America COMPETES Act (42 U.S.C. 16538(i)(1)) is amended
to read as follows:
``(1) In general.--To the maximum extent practicable, the
Director shall ensure that--
``(A) the activities of ARPA-E are coordinated with, and do
not duplicate the efforts of, programs and laboratories
within the Department and other relevant research agencies;
and
``(B) ARPA-E does not provide funding for a project unless
the prospective grantee demonstrates sufficient attempts to
secure private financing or indicates that 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) by striking paragraph (1) and inserting the following:
``(1) In general.--Not later than 3 years after the date of
enactment of this paragraph, the Secretary is authorized to
enter into a contract with the National Academy of Sciences
under which the National Academy shall conduct an evaluation
of how well ARPA-E is achieving the goals and mission of
ARPA-E.''; 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.--Paragraph (2) of
section 5012(o) of the America COMPETES Act (42 U.S.C.
16538(o)) is amended to read as follows:
``(2) Authorization of appropriations.--Subject to
paragraph (4), there are authorized to be appropriated to the
Director for deposit in the Fund, without fiscal year
limitation--
``(A) $497,000,000 for fiscal year 2021;
``(B) $567,000,000 for fiscal year 2022;
``(C) $651,000,000 for fiscal year 2023;
``(D) $750,000,000 for fiscal year 2024; and
``(E) $875,000,000 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)''.
TITLE VIII--TECHNOLOGY TRANSFER
SECTION 8001. DEFINITIONS.
In this title:
(1) Clean energy technology.--The term ``clean energy
technology'' means a technology that significantly reduces
energy use, increases energy efficiency, reduces greenhouse
gas emissions, reduces emissions of other pollutants, or
mitigates other negative environmental consequences.
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Director.--The term ``Director'' means the Director of
each National Laboratory and the Director of each Department
of Energy single-purpose research facility.
(4) Economically distressed area.--The term ``economically
distressed area'' has the meaning described in section 301(a)
of the Public Works and Economic Development Act of 1965 (42
U.S.C. 3161(a)).
(5) Grant.--The term ``grant'' means a grant award,
cooperative agreement award, or any other financial
assistance arrangement that the Secretary of Energy
determines to be appropriate.
(6) Institution of higher education.--The term
``institution of higher education'' has the meaning given
such term in the Higher Education Act of 1965, as amended (20
U.S.C. 1001).
(7) National laboratory.--The term ``National Laboratory''
has the meaning given that term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
Subtitle A--National Clean Energy Technology Transfer Programs
SEC. 8101. REGIONAL CLEAN ENERGY INNOVATION PROGRAM.
(a) Definitions.--In this section:
(1) Regional clean energy innovation partnership.--The term
``regional clean energy innovation partnership'' means a
group of one or more persons, including a covered consortium,
who perform a collection of activities that are coordinated
by such covered consortium to carry out the purposes of the
program under subsection (c) in a region of the United
States.
(2) Covered consortium.--The term ``covered consortium''
means an individual or group of individuals in partnership
with a government entity, including a State, local, or tribal
government or unit of such government, and at least 2 or more
of the following additional entities--
(A) an institution of higher education or higher education
consortium;
(B) a workforce training provider, including vocational
schools and community colleges;
(C) a private sector entity;
(D) a nonprofit organization;
(E) a community group;
(F) a labor group;
(G) a National Laboratory;
(H) a venture development organization;
(I) an organization focused on clean energy technology
innovation or entrepreneurship;
(J) a business accelerator or incubator;
(K) a private sector entity or group of entities, including
a trade or industry association;
(L) an economic development organization;
(M) a manufacturing facility or organization;
(N) a clean energy incubator or accelerator; or
(O) any other entity that the Secretary determines to be
relevant.
(3) Program.--The term ``program'' means the Regional Clean
Energy Innovation Program authorized in subsection (b).
(4) Frontline community.--The term ``frontline community''
means a community with significant representation of
communities of color, low-income communities, or Tribal and
indigenous communities, that experiences, or is at risk of
experiencing higher or more adverse human health or
environmental effects.
(b) In General.--The Secretary shall establish a Regional
Clean Energy Innovation Program designed to accelerate the
pace of innovation of clean energy technologies through the
formation or support of regional clean energy innovation
partnerships that--
(1) are responsive to the energy resources, needs of
industry, workforce, policy landscape, and clean energy
innovation capabilities of the region of the country in which
such partnership is located;
(2) enhance and accelerate clean energy innovation;
(3) are located in diverse geographic regions of the United
States, including United States territories; and
(4) improve economic development outcomes in economically
distressed areas.
(c) Purposes of the Program.--The purposes of the program
established under subsection (a) are to--
(1) improve the competitiveness of United States' clean
energy technology research, development, demonstration, and
commercial application;
(2) to identify and leverage the competitive strengths of
and address clean energy challenges that are particular to
diverse geographic regions of the United States to stimulate
innovation in clean energy technologies;
(3) support the development of clean energy innovation
companies in diverse geographic regions of the United States;
(4) promote the economic development of and enhance the
economic resilience of diverse geographic regions of the
United States;
(5) support the development of tools and technologies best
suited for use in low-income and frontline communities; and
(6) support the development of manufacturing capabilities
and supply chains relevant to clean energy technologies in
the United States.
(d) Regional Clean Energy Innovation Partnerships.--
(1) In general.--The Secretary shall competitively award
grants to covered consortia to establish or support regional
clean energy innovation partnerships that achieve the
purposes of the program in subsection (c).
(2) Permissible activities.--Grants awarded under this
subsection shall be used for activities determined
appropriate by the Secretary to achieve the purposes of the
program in subsection (c), including--
(A) facilitating the commercial application of clean energy
products, processes, and services, including through
research, development, demonstration, technology transfer, or
support of clean energy companies;
[[Page H4834]]
(B) planning among participants of a regional clean energy
innovation partnership to improve the strategic coordination
of the partnership;
(C) improving stakeholder involvement in the development of
goals and activities of a regional clean energy innovation
partnership;
(D) assessing different incentive mechanisms for clean
energy development and commercial application in the region;
(E) hosting events and conferences; and
(F) establishing and updating roadmaps to measure progress
on relevant goals, such as those relevant to metrics
developed under subsection (g).
(3) Applications.--Each application submitted to the
Secretary under paragraph (1) may include--
(A) a list of members and roles of members of the covered
consortia, as well as any other stakeholders supporting the
activities of the regional clean energy innovation
partnership;
(B) a description of the proposed outcomes of the regional
clean energy innovation partnership;
(C) an assessment of the relevant clean energy innovation
assets needed in a region to achieve proposed outcomes, such
as education and training programs, research facilities,
infrastructure or site development, access to capital,
manufacturing capabilities, or other assets;
(D) a description of proposed activities that the regional
clean energy innovation partnership plans to undertake and
how the proposed activities will achieve the purposes
described in subsection (c) and the proposed outcomes in
subparagraph (B);
(E) a description of the geographical region that will
engage in the partnership;
(F) a plan for attracting additional funds and
identification of funding sources from non-Federal sources to
deliver the proposed outcomes of the regional clean energy
innovation partnership; and
(G) a plan for sustaining activities of the regional clean
energy innovation partnership after funds received under this
program have been expended.
(4) Considerations.--In selecting covered consortia for
funding under the program, the Secretary shall--
(A) give special consideration to applications from
entities located in an economically distressed area; and
(B) ensure that there is geographic diversity among the
covered consortia selected to receive funding.
(5) Award amount.--Grants given out under this Program
shall be in an amount not greater than $10,000,000, with the
total grant award in any year less than that in the previous
year.
(6) Cost share.--For grants that are disbursed over the
course of three or more years, the Secretary shall require,
as a condition of receipt of funds under this section, that a
covered consortium provide not less than 50 percent of the
funding for the activities of the regional clean energy
partnership under this section for years 3, 4, and 5.
(7) Duration.--Each grant under paragraph (1) shall be for
a period of not longer than 5 years.
(8) Renewal.--A grant award made to a regional clean energy
innovation partnership under this section may be renewed for
a period of not more than 5 years, subject to a rigorous
merit review based on the progress of a regional clean energy
innovation partnership towards achieving the purposes of the
program in subsection (c) and the metrics developed under
subsection (g).
(9) Administrative costs.--The Secretary may allow a
covered consortium that receives funds under this section to
allocate a portion of the funding received to be used for
administrative or indirect costs.
(10) Funding.--The Secretary may accept funds from other
Federal agencies to support funding and activities under this
section.
(e) Planning Funds.--The Secretary may competitively award
grants in an amount no greater than $2,000,000 for a period
not longer than 2 years to an entity consisting of a
government entity, including a State, local, or tribal
government or unit of such government or any entity listed
under subsection (a)(2) to plan a regional clean energy
innovation partnership or establish a covered consortium for
the purpose of applying for funds under subsection (b).
(f) Information Sharing.--As part of the program, the
Secretary shall support the gathering, analysis, and
dissemination of information on best practices for developing
and operating successful regional clean energy innovation
partnerships.
(g) Metrics.--In evaluating a grant renewals under section
(d)(8), the Secretary shall work with program evaluation
experts to develop and make publicly available metrics to
assess the progress of a regional clean energy innovation
partnership towards achieving the purposes of the program in
section (c). Such metrics may include--
(1) the number and quality of--
(A) new clean energy companies created in the region as a
result of activities carried out under the regional clean
energy innovation partnership;
(B) new or expanded workforce development or training
programs; and
(C) support services provided to clean energy technology
developers in the region.
(2) changes in clean energy employment in the region as a
result of activities carried out under the regional clean
energy innovation partnership ; and
(3) the amount of capital investment in clean energy
companies in the region as a result of activities carried out
under the regional clean energy innovation partnership grant.
(h) Coordination.--In carrying out the program, the
Secretary may coordinate with relevant programs at other
Federal agencies, including--
(1) the Office of Innovation and Entrepreneurship under the
Economic Development Administration, including the Regional
Innovation Program under section 27 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3722);
(2) the Hollings Manufacturing Extension Partnership
Program under section 25(a) of the National Institute of
Standards and Technology Act (15 U.S.C. 278k);
(3) the Manufacturing USA Program under section 34(a) of
the National Institute of Standards and Technology Act (15
U.S.C. 278s);
(4) the Defense Manufacturing Communities Support Program
under section 846 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 2501 note);
and
(5) the Office of Economic Adjustment at the Department of
Defense.
(i) Evaluation by Comptroller General.--Not later than 3
years after the date of the enactment of this Act, and every
3 years thereafter, the Comptroller General shall submit to
the Committee on Science, Space, and Technology of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate an evaluation on the operation of the
program during the most recent 3-year period, including--
(1) an assessment of the progress made towards achieving
the purposes specified in subsection (c) based on the metrics
developed under subsection (g);
(2) the short-term and long-term metrics used to determine
the success of the program under subsection (g), and any
changes recommended to the metrics used;
(3) the regional clean energy innovation partnerships that
have received grants under subsection (d); and
(4) any recommendations on how the program may be improved.
(j) National Laboratories.--In supporting technology
transfer activities at the National Laboratories, the
Secretary shall encourage partnerships with entities that are
located in the same region or State as a National Laboratory.
(k) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section
$50,000,000 for each of fiscal years 2021 through 2025.
SEC. 8102. NATIONAL CLEAN ENERGY INCUBATOR PROGRAM.
(a) Clean Energy Incubator Defined.--In this section, the
term ``clean energy incubator''--
(1) means any entity that is designed to accelerate the
commercial application of clean energy technologies by
providing--
(A) physical workspace, labs, and prototyping facilities to
support clean energy startups or established clean energy
companies; or
(B) companies developing such technologies with support,
resources, and services, including--
(i) access to business education and counseling;
(ii) mentorship opportunities; and
(iii) other services rendered for the purpose of aiding the
development and commercial application of a clean energy
technology; and
(2) may include a program within or established by a
National Laboratory, an institution of higher education or a
State, local, or tribal government.
(b) Program Establishment.--Not later than 180 days after
the enactment of this Act, the Secretary, acting through the
Chief Commercialization Officer established in section 1001
(a) of the Energy Policy Act of 2005 (42 U.S.C. 16391 (a)),
shall establish a Clean Energy Incubator Program (herein
referred to as the ``program'') to competitively award grants
to clean energy incubators.
(c) Clean Energy Incubator Selection.--In awarding grants
to clean energy incubators under subsection (b), the
Secretary shall prioritize funding clean energy incubators
that--
(1) partner with entities that carry out activities
relevant to the activities of such incubator and that operate
at the local, State, and regional levels;
(2) support the commercial application activities of
startup companies focused on physical hardware,
computational, or integrated hardware and software
technologies;
(3) are located in geographically diverse regions of the
United States;
(4) are located in, or partner with entities located in,
economically-distressed areas;
(5) support the development of entities focused on
expanding clean energy tools and technologies to low-income
and frontline communities;
(6) support the commercial application of technologies
being developed by clean energy entrepreneurs from
underrepresented backgrounds; and
(7) have a plan for sustaining activities of the incubator
after grant funds received under this program have been
expended.
(d) Award Limits.--The Secretary shall not award more than
$4,000,000 to one or more incubators in one given State, per
fiscal year.
(e) Duration.--Each grant under subsection (b) shall be for
a period of no longer than 5 years, subject to the
availability of appropriations.
(f) Use of Funds.--An entity receiving a grant under this
section may use grant amounts for operating expenses.
(g) Renewal.--An award made to a clean energy incubator
under this section may be renewed for a period of not more
than 3 years, subject to merit review.
(h) Evaluation.--In accordance with section 8307(b) of this
Act, the Secretary shall submit 3 years after the enactment
of this Act and every 3 years thereafter to the Committee on
Science, Space, and Technology of the House of
Representatives and the Committee on Energy and
[[Page H4835]]
Natural Resources of the Senate an evaluation of the program
established under this section that includes analyses of the
performance of the clean energy incubators.
(i) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section
$15,000,000 for each of fiscal years 2021 through 2025.
SEC. 8103. CLEAN ENERGY TECHNOLOGY UNIVERSITY PRIZE
COMPETITION.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
non-profit entity, an institution of higher education, or an
entity working with one or more institutes of higher
education.
(2) Minority-serving institution.--The term ``minority-
serving institution'' means an institution described in
section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(b) In General.--The Secretary, acting through the Chief
Commercialization Officer established in section 1001(a) of
the Energy Policy Act of 2005 (42 U.S.C. 16391(a)), shall
establish a program, known as the ``Clean Energy Technology
University Prize'', to award funding for eligible entities to
carry out regional and one national clean energy technology
prize competitions, under section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3719). In
carrying out such prize competitions, students shall compete
to develop a business model for furthering the commercial
application of an innovative clean energy technology. The
purpose of this program is to encourage student interest in
clean energy technology development and to help students
solve challenges in clean energy technology commercial
application, with participation from diverse geographical
regions of the United States.
(c) Training Funding.--In carrying out this program, the
Secretary may provide funding to train participating students
in skills needed for the successful commercial application of
clean energy technologies, including through virtual training
sessions.
(d) Prioritization.--In awarding grants under this section,
the Secretary shall prioritize awarding grants to eligible
entities that work with students at minority-serving
institutions.
(e) Coordination.--In carrying out this program, the
Secretary shall coordinate and partner with existing clean
energy technology prize competitions. In doing so, the
Secretary may develop and disseminate best practices for
administering prize competitions under this section.
(f) Report.--In accordance with section 8307(a) of this
Act, the Secretary shall report annually on the progress and
implementation of the program established under subsection
(b).
(g) Evaluation.--In accordance with section 8307(b) of this
Act, the Secretary shall submit 3 years after the enactment
of this Act and every 3 years thereafter to the Committee on
Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate an evaluation on the long-term
outcomes of the program established under this section and
the progress towards achieving the purposes of the program in
subsection (b).
(h) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out the
activities authorized in this section $1,000,000 for each of
fiscal years 2021 through 2025.
SEC. 8104. ENERGY I-CORPS.
(a) In General.--The Secretary of Energy (hereinafter in
this section referred to as the ``Secretary''), acting
through the Chief Commercialization Officer established in
section 1001(a) of the Energy Policy Act of 2005 (42 U.S.C.
16391(a)), shall carry out a program to support commercial
application education, training, professional development,
and mentorship called the ``Energy Innovation Corps Program''
(hereinafter in this section referred to as ``Energy I-
Corps'').
(b) Purpose.--The purposes of Energy I-Corps shall be to
help participants described in subsection (c) develop skills
and to accelerate the commercial application of clean energy
technologies and other technologies related to the mission of
the Department of Energy.
(c) Participants.--The Secretary shall carry out this
program for participants consisting of--
(1) employees at the National Laboratories; and
(2) researchers, students, and clean energy entrepreneurs.
(d) Activities.--In carrying out Energy I-Corps, the
Secretary shall support--
(1) commercial application education, training, and
mentoring activities, including workshops, seminars, and
short courses;
(2) engagement with private sector entities to identify
future research and development activities; and
(3) any other activities that the Secretary determines to
be relevant.
(e) State and Local Partnerships.--In carrying out Energy
I-Corps, the Secretary may engage in partnerships with
National Laboratories, State and local governments, economic
development organizations, and nonprofit organizations to
broaden access to Energy I-Corps and support relevant
activities under this subsection.
(f) Federal Coordination.--In carrying out Energy I-Corps,
the Secretary may coordinate with any other Federal science
agency program that carries out a similar program to support
entrepreneurial and commercial application education,
training, professional development, and mentorship in order
to share best practices.
(g) Evaluation.--The Secretary shall submit 3 years after
the enactment of this Act and every 3 years thereafter to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate an evaluation on the long-term
effectiveness of the Energy I-Corps program and the progress
towards achieving the purposes of the program in subsection
(a).
(h) Authorization of Appropriations.--There are authorized
to be appropriated to the Chief Commercialization Officer
established in section 1001(a) of the Energy Policy Act of
2005 (42 U.S.C. 16391(a)) to carry out the activities
authorized in subsection (a)--
(1) for participants under subsection (c)(1) $3,000,000 for
each of fiscal years 2021 through 2025; and
(2) for participants under subsection (c)(2) $2,000,000 for
each of fiscal years 2021 through 2025.
SEC. 8105. CLEAN ENERGY TECHNOLOGY TRANSFER COORDINATION.
(a) In General.--The Secretary, acting through the Chief
Commercialization Officer established in section 1001 (a) of
the Energy Policy Act of 2005 (42 U.S.C. 16391 (a)), shall
support the coordination of relevant technology transfer
programs, including those authorized in sections 8101, 8102,
8103, 8104, 8202, and 8206 of this Act, that advance the
commercial application of clean energy technologies
nationally and across all energy sectors. In particular, the
Secretary may support activities to--
(1) facilitate the sharing of information on best practices
for successful operation of clean energy technology transfer
programs;
(2) coordinate resources and improve cooperation among
clean energy technology transfer programs;
(3) facilitate connections between entrepreneurs and start-
up companies and the variety of programs related to clean
energy technology transfer under the Department; and
(4) facilitate the development of metrics to measure the
impact of clean energy technology transfer programs on--
(A) advancing the development, demonstration, and
commercial application of clean energy technologies;
(B) increasing the competitiveness of United States in the
clean energy sector, including in manufacturing; and
(C) commercial application of clean energy technologies
being developed by entrepreneurs from under-represented
backgrounds.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out the
activities in this section $3,000,000 for each of fiscal
years 2021 through 2025.
Subtitle B--Supporting Technology Development At the National
Laboratories
SEC. 8201. LAB PARTNERING SERVICE PILOT PROGRAM.
(a) Pilot Program.--
(1) In general.--The Secretary, acting through the Chief
Commercialization Officer established in section 1001(a) of
the Energy Policy Act of 2005 (42 U.S.C. 16391(a)), shall
establish a Lab Partnering Service Pilot Program (hereinafter
in this section referred to as the ``pilot program'').
(2) Purposes.--The purposes of the pilot program are to
provide services that encourage and support partnerships
between the National Laboratories and public and private
sector entities, and to improve communication of research,
development, demonstration, and commercial application
projects and opportunities at the National Laboratories to
potential partners through the development of a website and
the provision of services, in collaboration with relevant
external entities.
(3) Activities.--In carrying out this pilot program, the
Secretary shall--
(A) conduct outreach to and engage with relevant public and
private entities;
(B) identify and disseminate best practices for
strengthening connections between the National Laboratories
and public and private sector entities; and
(C) develop a website to disseminate information on--
(i) different partnering mechanisms for working with the
National Laboratories;
(ii) National Laboratory experts and research areas; and
(iii) National Laboratory facilities and user facilities.
(b) Metrics.--The Secretary shall support the development
of metrics, including conversion metrics, to determine the
effectiveness of the pilot program in achieving the purposes
in subsection (a) and the number and types of partnerships
established between public and private sector entities and
the National Laboratories compared to baseline data.
(c) Coordination.--In carrying out the activities
authorized in this section, the Secretary shall coordinate
with the Directors and dedicated technology transfer staff at
the National Laboratories, in particular for matchmaking
services for individual projects, which should be led by the
National Laboratories.
(d) Funding Employee Partnering Activities.--The Secretary
shall delegate to the Directors the authority to compensate
National Laboratory employees providing services under this
section.
(e) Duration.--Subject to the availability of
appropriations, the pilot program established in this section
shall operate for not less than 3 years and may be built off
an existing program.
(f) Evaluation.--Not later than 6 months after the
completion of this pilot program, the Secretary shall support
the evaluation of the success of the pilot program in
achieving the purposes in subsection (a) and shall submit the
evaluation to the Committee on Science, Space, and Technology
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate. The assessment shall
include analyses of the performance of the pilot program
based on the metrics developed under subsection (b).
(g) Authorization of Appropriations.--There are authorized
to be appropriated to the
[[Page H4836]]
Secretary $2,000,000 for each of fiscal years 2021 through
2023 to carry out subsections (a), (b), (c), (e), and (f) and
$1,700,000 for each of fiscal years 2021 through 2023 for
national laboratory employees to provide services under
subsection (d).
SEC. 8202. LAB-EMBEDDED ENTREPRENEURSHIP PROGRAM.
(a) In General.--The Secretary shall competitively award
grants to National Laboratories for the purpose of
establishing or supporting Lab-Embedded Entrepreneurship
Programs.
(b) Purposes.--The purposes of such programs are to provide
entrepreneurial fellows with access to National Laboratory
research facilities, National Laboratory expertise, and
mentorship to perform research and development and gain
expertise that may be required or beneficial for the
commercial application of research ideas.
(c) Entrepreneurial Fellows.--An entrepreneurial fellow
participating in a program described in subsection (a) shall
be provided with--
(1) opportunities for entrepreneurial training,
professional development, and exposure to leaders from
academia, industry, government, and finance who may serve as
advisors to or partners of the fellow;
(2) financial and technical support for research,
development, and commercial application activities;
(3) fellowship awards to cover costs of living, health
insurance, and travel stipends for the duration of the
fellowship; and
(4) any other resources determined appropriate by the
Secretary.
(d) Program Activities.--Each eligible entity that receives
funding under this section shall support entrepreneurial
fellows by providing--
(1) access to facilities and expertise within the National
Laboratory;
(2) engagement with external stakeholders; and
(3) market and customer development opportunities.
(e) Administration.--Eligible entities that receive grants
under this section shall prioritize the support and success
of the entrepreneurial fellow with regards to professional
development and development of a relevant technology.
(f) Partnerships.--In carrying out a Lab-Embedded
Entrepreneurship Program, a National Laboratory may partner
with an external entity, including--
(1) a nonprofit organization;
(2) an institution of higher education; or
(3) a federally-owned corporation.
(g) Metrics.--The Secretary shall support the development
of short-term and long-term metrics to assess the
effectiveness of programs receiving a grant under subsection
(a) in achieving the purposes of the program in subsection
(b).
(h) Evaluation.--In accordance with section 8307(b) of this
Act, not later than 3 years after the date of the enactment
of this Act, and every 3 years thereafter, the Secretary
shall submit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate an evaluation
of the effectiveness of the programs under subsection (a)
based on the metrics developed pursuant to subsection (g).
(i) Coordination.--The Secretary shall oversee the planning
and coordination of grants under subsection (a) and shall
identify and disseminate best practices for achieving the
purposes of subsection (b) to eligible entities that receive
grants under this section.
(j) Interagency Collaboration.--The Secretary shall
collaborate with other executive branch agencies, including
the Department of Defense and other agencies with federal
laboratories, regarding opportunities to partner with
programs receiving a grant under subsection (a).
(i) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out the
activities authorized in this section $25,000,000 for each of
fiscal years 2021 through 2025.
SEC. 8203. SMALL BUSINESS VOUCHER PROGRAM.
Section 1003 of the Energy Policy Act of 2005 (42 U.S.C.
16393) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking ``,
and may require the Director of a single-purpose research
facility,'' and inserting ``(as defined in section 2) and the
Director of each single-purpose research facility'';
(B) in paragraph (1)--
(i) by striking ``increase'' and inserting ``encourage'';
and
(ii) by striking ``collaborative research,'' and inserting
``research, development, demonstration, and commercial
application activities, including product development,'';
(C) in paragraph (2), by striking ``procurement and
collaborative research'' and inserting ``procurement and the
activities described in paragraph (1)'';
(D) in paragraph (3)--
(i) by inserting ``facilities,'' before ``training''; and
(ii) by striking ``procurement and collaborative research
activities'' and inserting ``procurement and the activities
described in paragraph (1)''; and
(E) in paragraph (5), by striking ``for the program under
subsection (b)'' and inserting ``and metrics for the programs
under subsections (b) and (c)'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (b) the following:
``(c) Small Business Voucher Program.--
``(1) Definitions.--In this subsection:
``(A) Director.--The term `Director' means--
``(i) the Director of each National Laboratory; and
``(ii) the Director of each single-purpose research
facility.
``(B) National laboratory.--The term `National Laboratory'
has the meaning given the term in section 2.
``(C) Program.--The term `program' means the program
established under paragraph (2).
``(D) Small business concern.--The term `small business
concern' has the meaning given such term in section 3 of the
Small Business Act (15 U.S.C. 632).
``(2) Establishment.--The Secretary, acting through the
Chief Commercialization Officer appointed under section
1001(a), and in consultation with the Directors, shall
establish a program to provide small business concerns with
vouchers under paragraph (3)--
``(A) to achieve the goal described in subsection (a)(1);
and
``(B) to improve the products, services, and capabilities
of small business concerns in the mission space of the
Department.
``(3) Vouchers.--Under the program, the Directors are
authorized to provide to small business concerns vouchers to
be used at National Laboratories and single-purpose research
facilities for--
``(A) research, development, demonstration, technology
transfer, or commercial application activities; or
``(B) any other activities that the applicable Director
determines appropriate.
``(4) Expedited approval.--The Secretary, working with the
Directors, shall establish a streamlined approval process for
financial assistance agreements signed between--
``(A) small business concerns selected to receive a voucher
under the program; and
``(B) the National Laboratories and single-purpose research
facilities.
``(5) Cost-sharing requirement.--In carrying out the
program, the Secretary shall require cost-sharing in
accordance with section 988; and
``(6) Report.--In accordance with section 8307(a) of the
Clean Economy Jobs and Innovation Act, the Secretary shall
report annually on the progress and implementation of the
small business voucher program established under this
section, including the number and locations of small
businesses that received grants under this program.''; and
(4) in subsection (e) (as so redesignated), by striking
``for activities under this section'' and inserting ``for
activities under subsection (b)'' and inserting at the end
``and for activities under subsection (c) $25,000,000 for
each of fiscal years 2021 through 2025''.
SEC. 8204. ENTREPRENEURIAL LEAVE PROGRAM.
(a) In General.--The Secretary shall delegate to Directors
the authority to carry out an entrepreneurial leave program
(referred to in this section as the ``program'') to allow
National Laboratory employees to take a full leave of absence
from their position, with the option to return to that or a
comparable position up to 3 years later, or a partial leave
of absence, to advance the commercial application of energy
and related technologies relevant to the mission of the
Department.
(b) Termination Authority.--Directors shall retain the
authority to terminate National Laboratory employees that
participate in the program if such employees are found to
violate terms prescribed by the National Laboratory at which
such employee is employed.
(c) Licensing.--To reduce barriers to participation in the
program, the Secretary shall delegate to the Directors the
requirement to establish streamlined mechanisms for
facilitating the licensing of technology that is the focus of
National Laboratory employees who participate in the program.
(d) Report.--In accordance with section 8307(a) of this
Act, the Secretary shall report annually on the utilization
of this authority at national laboratories, including the
number of employees who participate in this program at each
national laboratory and the number of employees who take a
permanent leave from their positions at national laboratories
as a result of participating in this program.
(e) Federal Ethics.--Nothing in this section shall affect
existing federal ethics rules applicable to federal
personnel.
SEC. 8205. NATIONAL LABORATORY EMPLOYEE OUTSIDE EMPLOYMENT
AUTHORITY.
(a) In General.--The Secretary shall delegate to Directors
of National Laboratories the authority to allow their
employees--
(1) to engage in outside employment, including start-up
companies based on licensing technologies developed at
National Laboratories and consulting in their areas of
expertise, and receive compensation from such entities; and
(2) to engage in outside activities related to their areas
of expertise at the National Laboratory and may allow
employees, in their employment capacity at such outside
employment, to access the National Laboratories under the
same contracting mechanisms as non-laboratory employees and
entities, in accordance with appropriate conflict of interest
protocols.
(b) Requirements.--If a Director elects to use the
authority granted by subsection (a) of this section, the
Director, or their designee, shall--
(1) require employees to disclose to and obtain approval
from the Director or their designee prior to engaging in any
outside employment;
(2) develop and require appropriate conflict of interest
protocols for employees that engage in outside employment;
and
(3) maintain the authority to terminate employees engaging
in outside employment if they are found to violate terms,
including conflict of interest protocols, mandated by the
Director.
(c) Additional Restrictions.--Employees engaging in outside
employment may not--
(1) sacrifice, hamper, or impede their duties at the
National Laboratory;
(2) engage in activities related to outside employment
using National Laboratory government equipment, property, or
resources, unless
[[Page H4837]]
such activities are performed under National Laboratory
contracting mechanisms, such as Cooperative Research and
Development Agreement or Strategic Partnership Projects,
whereby all conflicts of interest requirements apply; or
(3) use their position at a National Laboratory to provide
an unfair competitive advantage to an outside employer or
start-up activity.
(d) Federal Ethics.--Nothing in this section shall affect
existing federal ethics rules applicable to federal
personnel.
SEC. 8206. TECHNOLOGY COMMERCIALIZATION FUND.
Section 1001(e) of the Energy Policy Act of 2005 (42 U.S.C.
16391(e)) is amended to read as follows:
``(e) Technology Commercialization Fund.--
``(1) Establishment.--The Secretary, acting through the
Chief Commercialization Officer established in section 1001
(a) of the Energy Policy Act of 2005 (42 U.S.C. 16391(a)),
shall establish a Technology Commercialization Fund
(hereafter referred to as the `Fund'), using nine-tenths of
one percent of the amount of appropriations made available to
the Department for applied energy research, development,
demonstration, and commercial application for each fiscal
year, to be used to provide, in accordance with the cost-
sharing requirements under section 988, funds to national
laboratories to promote promising energy technologies for
commercial purposes with private partners.
``(2) Applications.--
``(A) Considerations.--The Secretary shall develop criteria
for evaluating applications for funding under this section,
which may include--
``(i) the potential that a proposed technology will result
in a commercially successful product within a reasonable
timeframe; and
``(ii) the relative maturity of a proposed technology for
commercial application.
``(B) Selections.--In awarding funds under this section,
the Secretary may give special consideration to applications
that involve at least one applicant that has participated in
an entrepreneurial or commercialization training program,
such as Energy Innovation Corps.
``(3) Annual report.--The Secretary shall include in the
annual report required under subsection (h)(2)--
``(A) description of the projects carried out with awards
from the Fund for that fiscal year;
``(B) each project's cost-share for that fiscal year;
``(C) each project's partners for that fiscal year.
``(4) Evaluation.--In accordance with section 8307(b) of
the Clean Economy Jobs and Innovation Act, the Secretary
shall submit 3 years after the enactment of that Act and
every 3 years thereafter to the Committee on Science, Space,
and Technology Committee of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate
an evaluation on the long-term commercial success of projects
that received awards from the Fund.
``(5) Technology commercialization fund report.--
``(A) In general.--Not later than 1 year after the date of
enactment of the Energizing Technology Transfer Act, the
Secretary shall submit to the Committee on Science, Space,
and Technology and Committee on Appropriations of the House
of Representatives and the Committee on Energy and Natural
Resources and Committee on Appropriations of the Senate a
report on the current and recommended implementation of the
Fund.
``(B) Contents.--The report under subparagraph (A) shall
include--
``(i) a summary, with supporting data, of how much
Department program offices contribute to and use the Fund
each year, including a list of current funding restrictions;
``(ii) recommendations on how to improve implementation and
administration of the Fund; and
``(iii) an analysis on how to spend funds optimally on
technology areas that have the greatest need and opportunity
for commercial application, rather than spending funds at the
programmatic level or under current funding restrictions.''.
SEC. 8207. SIGNATURE AUTHORITY.
(a) In General.--Subject to subsections (b) and (c), the
Secretary shall delegate to Directors of the National
Laboratories signature authority with respect to any
agreement described in subsection (b) the total cost of
which, including the National Laboratory contributions and
project recipient cost share, is less than $1,000,000, if
such an agreement falls within the scope of--
(1) the strategic plan for the National Laboratory or a
master scope of work that has been approved by the
Department; or
(2) the most recent budget approved by Congress for
Department activities to be carried out by the National
Laboratory.
(b) Agreements.--Subsection (a) applies to--
(1) a cooperative research and development agreement;
(2) a strategic partnership project;
(3) prize competitions;
(4) an agreement for commercializing technology; or
(5) any other agreement determined to be appropriate by the
Secretary, in collaboration with the Directors.
(c) Administration.--
(1) Accountability.--The Director of the affected National
Laboratory and the affected contractor shall carry out an
agreement under this section in accordance with applicable
policies of the Department, including by ensuring that the
agreement does not compromise any national security,
economic, or environmental interest of the United States.
(2) Certification.--The Director of the affected National
Laboratory and the affected contractor shall certify that
each activity carried out under a project for which an
agreement is entered into under this section does not
present, or minimizes, any apparent conflict of interest, and
avoids or neutralizes any actual conflict of interest, as a
result of the agreement under this section.
(3) Availability of Records.--Not later than 30 days after
the date on which a Director enters an agreement under this
section, such Director shall submit to the Secretary for
monitoring and review all records of the National Laboratory
relating to the agreement.
(d) Approval.--Upon granting the signature authority under
subsection (a), the Secretary may not require any additional
reviews or approvals of draft agreements, statements of work,
or other documents for agreements that meet the criteria
under subsection (a).
(e) Exception.--This section does not apply to any
agreement with a foreign-controlled entity or entity under
the majority control of any foreign entity.
(f) Report.--In accordance with section 8307(a) of this
Act, the Secretary shall submit annually information on the
number and types of agreements signed using the authorities
granted under this section.
(g) Evaluation.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Science, Space, and Technology Committee of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate an evaluation of the efficacy
of reducing administrative burden for agreements signed using
the authorities granted under this section.
(h) Conforming Amendment.--Section 12 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting the
subparagraphs appropriately;
(B) by striking ``Each Federal agency'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2),
each Federal agency''; and
(C) by adding at the end the following:
``(2) Exception.--Notwithstanding paragraph (1), in
accordance with section 8207 of the Clean Economy Jobs and
Innovation Act, approval by the Secretary of Energy shall not
be required for any agreement proposed to be entered into by
a National Laboratory of the Department of Energy, the total
cost of which, including the National Laboratory
contributions and project recipient cost share, is less than
$1,000,000.''; and
(2) in subsection (b), by striking ``subsection (a)(1)''
each place it appears and inserting ``subsection (a)(1)(A)''.
Subtitle C--Department of Energy Modernization
SEC. 8301. TECHNOLOGY TRANSFER PROGRAM.
(a) Chief Commercialization Officer.--Section 1001 of the
Energy Policy Act of 2005 (42 U.S.C. 16391) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Chief Commercialization Officer.--The Secretary shall
appoint a Chief Commercialization Officer to be the principal
advisor to the Secretary on all matters relating to
technology transfer and commercialization, and who shall
report directly to, and be appointed by, the Secretary.'';
and
(2) in subsections (b) and (c), by striking ``Coordinator''
each place it appears and inserting ``Chief Commercialization
Officer''.
(b) Office of Technology Transitions.--Title X of the
Energy Policy Act of 2005 (42 U.S.C. 16391 et. seq.) is
amended by adding at the end the following:
``SEC. 1012. TECHNOLOGY TRANSFER PROGRAM.
``(a) Office of Technology Transitions.--There is
established within the Department an Office of Technology
Transitions (referred to in this section as the `Office'),
which shall be headed by the Chief Commercialization Officer
appointed under section 1001(a).
``(b) Mission.--The mission of the Office shall be--
``(1) to expand the commercial impact of the research
investments of the Department; and
``(2) to advance the commercial application of technologies
that reduce energy use, reduce greenhouse gas emissions and
other pollutants, improve energy efficiency, mitigate other
negative environmental consequences, or support other
missions of the Department.
``(c) Goals.--
``(1) In general.--In carrying out the mission and
activities of the Office, the Chief Commercialization Officer
shall, with respect to commercial application activities,
meet all of the goals described in paragraph (2).
``(2) Goals described.--The goals referred to in paragraph
(1) are the following:
``(A) Reduction of greenhouse gas emissions or other
pollutants.
``(B) Improvement of energy efficiency.
``(C) Improvement of economic competitiveness.
``(D) Enhancement of domestic energy security and national
security.
``(E) Enhancement of the domestic workforce relevant to
energy and other sectors relevant to the mission of the
Department.
``(d) Hiring and Management.--To carry out the activities
authorized in this section, the Under Secretary for Science
may appoint personnel using the authorities in section 8306
of the Clean Economy Jobs and Innovation Act.
``(e) Collaboration.--In carrying out the mission and
activities of the Office of Technology Transitions, the Chief
Commercialization Officer shall coordinate with the senior
leadership of the Department, other relevant offices of the
Department, the Directors, the National Laboratories, the
Technology Transfer Working Group established under section
1001(d), the
[[Page H4838]]
Technology Transfer Policy Board, and other stakeholders,
including private industry.
``(f) Report.--In accordance with section 8307(a) of the
Clean Economy Jobs and Innovation Act, the Secretary shall
report annually on the activities carried out by the Office
of Technology Transitions pertaining to the mission of the
program in subsection (b) and the goals in subsection (c).
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
the activities authorized in this section $20,000,000 for
each of fiscal years 2021 through 2025.''.
SEC. 8302. MANAGEMENT OF DEMONSTRATION PROJECTS.
(a) Management of Department of Energy Demonstration
Projects.--The Secretary shall establish a program to conduct
project management and oversight of demonstration projects
that receive more than $50,000,000 in funding from the
Department, in coordination with relevant staff from
Department program offices. The purposes of this program are
to--
(1) conduct evaluation of demonstration project proposals
prior to selection of a project for funding;
(2) conduct independent oversight of the execution of a
demonstration project once funding has been awarded for such
project; and
(3) ensure a balanced portfolio of investments in clean
energy technology demonstration projects.
(b) Demonstration Project Management Employees.--
(1) Authority.--In carrying out the program under
subsection (a), the Under Secretary for Science shall appoint
at least 2 full time employees to achieve the purposes of the
program outlined in subsection (a) in coordination with
relevant staff at Department program offices.
(2) Hiring authority.--To carry out the program authorized
in this section, the Under Secretary for Science may hire
personnel using the authorities in section 8306 of this Act.
(c) Duties.--In carrying out the program in subsection (a),
employees under this section shall work with relevant staff
from Department program offices to--
(1) evaluate demonstration project proposals, including the
scope, technical specifications, maturity of design, funding
profile, estimated costs, proposed schedule, proposed
technical and financial milestones, and potential for
commercial success based on economic and policy projections;
(2) develop independent cost estimates of demonstration
project proposals, when appropriate;
(3) recommend to the director of a program office whether
to fund a demonstration project proposal;
(4) oversee the execution of the demonstration projects
that receive funding from the Department under this section
and conduct reviews of ongoing projects, which may include
reconciling estimated costs as compared to actual costs and
evaluating progress of the project based on the proposed
schedule and technical and financial milestones, and provide
such reviews to the Secretary; and
(5) assess lessons learned and implement improvements to
evaluate and oversee demonstration projects carried out under
this section.
(d) Project Termination.--Should an ongoing demonstration
project receive an unfavorable review under subsection
(c)(4), the director of a Department program office or their
designee may cease funding the demonstration project and
reallocate the remaining funds to new or existing
demonstration projects carried out by that program office.
(e) Coordination.--In establishing and carrying out the
program, the Secretary shall coordinate with project
management and acquisition management entities within the
Department, including the Office of Project Management, and
relevant professional organizations in project management,
construction, cost estimation, and other relevant fields.
(f) Reporting.--In accordance with section 8307(a), the
Secretary shall report annually on the utilization of the
authority granted under this section, including a summary
of--
(1) any demonstration projects currently being carried out
under this section; and
(2) a summary of the reviews under subsection (c)(4) of any
ongoing demonstration projects carried out under this
section.
(g) Evaluation by Comptroller General.--Not later than 3
years after the date of the enactment of this Act the
Comptroller General shall submit to the Committee on Science,
Space, and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate an
evaluation on the operation of the program established under
this section, including--
(1) the processes and procedures used to evaluate
demonstration project proposals and oversee demonstration
projects that receive funding under this section;
(2) any recommended changes to the program, including the
structure and the processes and procedures used to evaluate
and oversee demonstration projects that receive funding under
this section; and
(3) any recommended changes to the structure of this
program to improve the success in meeting the program
purposes under subsection (a).
SEC. 8303. STREAMLINING PRIZE COMPETITIONS.
Section 1008 of the Energy Policy Act of 2005 (42 U.S.C.
16396) is amended by inserting after subsection (d) the
following (and redesignating subsections (e) and (f) as
subsections (g) and (h), respectively):
``(e) Coordination.--In carrying out subsection (a), and
for any prize competitions under section 105 of the America
Creating Opportunities to Meaningfully Promote Excellence in
Technology, Education, and Science Reauthorization Act of
2010, the Secretary shall--
``(1) designate at least one full time employee to serve as
a Department-wide point of contact on prize competitions;
``(2) issue Department-wide guidance on the design,
development, and implementation of prize competitions;
``(3) collect and disseminate best practices on the design
and administration of prize competitions;
``(4) streamline contracting mechanisms for the
implementation of prize competitions; and
``(5) provide training and prize competition design
support, as necessary, to Department staff to develop prize
competitions and challenges.
``(f) Report.--In accordance with section 8307(a) of the
Clean Economy Jobs and Innovation Act, the Secretary shall
report annually on a description of any prize competitions
carried out using this authority, the total amount of prizes
awarded along with any private sector contributions, the
methods used for solicitation and evaluation, and a
description of how each prize competition advanced the
mission of the Department.''.
SEC. 8304. MILESTONE-BASED DEMONSTRATION PROJECTS.
(a) In General.--Acting under section 646(g) of the
Department of Energy Organization Act (42 U.S.C. 7256(g)),
notwithstanding paragraph (10) of such section, the Secretary
may carry out demonstration projects as a milestone-based
demonstration project that requires particular technical and
financial milestones to be met before a participant is
awarded grants by the Department through a competitive award
process.
(b) Requirements.--In carrying out milestone-based
demonstration projects under the authority in subsection (a),
the Secretary shall, for each relevant project,--
(1) request proposals from eligible entities, as determined
by the Secretary, including--
(A) a business plan, that may include a plan for scalable
manufacturing and a plan for addressing supply chain gaps;
(B) a plan for raising private sector investment; and
(C) proposed technical and financial milestones, including
estimated project timelines and total costs; and
(2) award funding of a predetermined amount to projects
that successfully meet proposed milestones under paragraph
(1)(C) or for expenses deemed reimbursable by the Secretary,
in accordance with terms negotiated for an individual award;
(3) require cost-sharing in accordance with section 988 of
the Energy Policy Act of 2005; and
(4) communicate regularly with selected eligible entities
and, if the Secretary deems appropriate, exercise small
amounts of flexibility for technical and financial milestones
as projects mature.
(c) Awards.--For the program established under subsection
(a)--
(1) an award recipient shall be responsible for all costs
until milestones are achieved, or reimbursable expenses are
reviewed and verified by the Department; and
(2) should an awardee not meet the milestones described in
subsection (a), the Secretary or their designee may end the
partnership with an award recipient and use the remaining
funds in the ended agreement for new or existing projects
carried out under this section.
(d) Project Management.--In carrying out projects under
this program and assessing the completion of their milestones
in accordance with subsection (b), the Secretary shall
consult with experts that represent diverse perspectives and
professional experiences, including those from the private
sector, to ensure a complete and thorough review.
(e) Report.--In accordance with section 8307(a), the
Secretary shall report annually on any demonstration projects
carried out using the authorities under this section.
SEC. 8305. COST-SHARE WAIVER EXTENSION.
(a) Section 988 of the Energy Policy Act of 2005 is amended
in subsection (b)(4)(B) by striking ``this paragraph'' and
inserting ``the Energizing Technology Transfer Act''; and
(b) Section 108 of the Department of Energy Research and
Innovation Act is amended in subparagraph (b) by striking
``this Act'' everywhere it appears and replacing with ``title
VIII of the Clean Economy Jobs and Innovation Act''.
SEC. 8306. SPECIAL HIRING AUTHORITY FOR SCIENTIFIC,
ENGINEERING, AND PROJECT MANAGEMENT PERSONNEL.
(a) In General.--The Under Secretary for Science shall have
the authority to--
(1) make appointments of scientific, engineering, and
professional personnel, without regard to civil service laws,
to assist the Department in meeting specific project or
research needs;
(2) fix the basic pay of any employee appointed under this
section at a rate to be determined by the Under Secretary at
rates not in excess of the Executive Schedule (EX-II) without
regard to the civil service laws; and
(3) pay any employee appointed under this section payments
in addition to basic pay, except that the total amount of
additional payments paid to an employee under this subsection
for any 12-month period shall not exceed the lesser of the
following amounts:
(A) $25,000.
(B) The amount equal to 25 percent of the annual rate of
basic pay of that employee.
(C) The amount of the limitation that is applicable for a
calendar year under section 5307(a)(1) of title 5, United
States Code.
(b) Term.--
(1) In general.--The term of any employee appointed under
this section shall not exceed 3 years unless otherwise
authorized in law.
(2) Termination.--The Under Secretary for Science shall
have the authority to terminate any employee appointed under
this section at any time based on performance or changing
project or research needs of the Department.
[[Page H4839]]
SEC. 8307. TECHNOLOGY TRANSFER REPORTS AND EVALUATION.
(a) Annual Report.--As part of the updated technology
transfer execution plan required each year under section
1001(h)(2) of the Energy Policy Act of 2005 (42 U.S.C.
16391(g)(2)), the Secretary shall submit to the Committee on
Science, Space, and Technology Committee of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on the progress and
implementation of programs established under sections 8103,
8203, 8204, 8205, 8207, 8301, 8302, 8303, and 8304 of this
Act and section 1001(e) of the Energy Policy Act of 2005 (42
U.S.C. 16391(e)).
(b) Evaluation.--Not later than 3 years after the enactment
of this Act and every 3 years thereafter the Secretary shall
submit to the Committee on Science, Space, and Technology
Committee of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate an evaluation
on the extent to which programs established under sections
8102, 8103, 8104, and 8202 of this Act and section 1001(e) of
the Energy Policy Act of 2005 (42 U.S.C. 16391(e)) are
achieving success based on relevant short-term and long-term
metrics.
(c) Report on Technology Transfer Gaps.--Not later than 3
years after the enactment of this Act, the Secretary shall
enter into an agreement with the National Academies of
Science, Engineering and Medicine to submit to the Committee
on Science, Space, and Technology Committee of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on programmatic gaps that
exist to advance the commercial application of technologies
developed at the National Laboratories.
SEC. 8308. OTHER TRANSACTION AUTHORITY EXTENSION.
Subsection 646(g)(10) of the Department of Energy
Organization Act (42 U.S.C. 7256(g)(10)) is amended by
striking ``September 30, 2020'' and inserting ``September 30,
2025''.
TITLE IX--INDUSTRIAL INNOVATION AND COMPETITIVENESS
Subtitle A--Smart Manufacturing
SEC. 9101. DEFINITIONS.
In this subtitle:
(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 of Energy;
(B) provides an in-depth assessment of small- and medium-
sized 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-sized 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) 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).
(6) 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.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(8) 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.
(9) Smart manufacturing.--The term ``smart manufacturing''
means advanced technologies in information, automation,
monitoring, computation, sensing, modeling, 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. 9102. 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 of Energy relating to smart manufacturing;
(B) the establishment of voluntary interconnection
protocols and performance standards;
(C) 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; and
(F) the leveraging of existing high-performance computing
infrastructure.
(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.
SEC. 9103. LEVERAGING EXISTING AGENCY PROGRAMS TO ASSIST
SMALL AND MEDIUM MANUFACTURERS.
(a) Findings.--Congress finds that--
(1) the Department of Energy has existing technical
assistance programs that facilitate greater economic growth
through outreach to and engagement with small and medium
manufacturers;
(2) those technical assistance programs represent an
important conduit for increasing the awareness of and
providing education to small and medium manufacturers
regarding the opportunities for implementing smart
manufacturing; and
(3) those technical assistance programs help facilitate the
implementation of best practices.
(b) Expansion of Technical Assistance Programs.--The
Secretary shall expand the scope of technologies covered by
the Industrial Assessment Centers of the Department of
Energy--
(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.
SEC. 9104. 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 of Energy 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. 9105. STATE LEADERSHIP GRANTS.
(a) Finding.--Congress finds that the States--
(1) are committed to promoting domestic manufacturing and
supporting robust economic development activities; and
(2) are uniquely positioned to assist manufacturers,
particularly small and medium manufacturers, with deployment
of smart manufacturing
[[Page H4840]]
through the provision of infrastructure, including--
(A) access to shared supercomputing facilities;
(B) assistance in developing process simulations; and
(C) conducting demonstrations of the benefits of smart
manufacturing.
(b) Grants Authorized.--The Secretary may make grants on a
competitive basis to States for establishing State programs
to be used as models for supporting the implementation of
smart manufacturing technologies.
(c) Application.--
(1) In general.--To be eligible to receive a grant 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 a grant under this section on the basis of merit using
criteria identified by the Secretary, including--
(A) the breadth of academic and private sector partners;
(B) alternate sources of funding;
(C) plans for dissemination of results; and
(D) the permanence of the infrastructure to be put in place
by the project.
(d) Requirements.--
(1) Term.--The term of a grant under this section shall not
exceed 3 years.
(2) Maximum amount.--The amount of a grant under this
section shall be not more than $3,000,000.
(3) Matching requirement.--Each State that receives a grant
under this section shall contribute matching funds in an
amount equal to not less than 30 percent of the amount of the
grant.
(e) Use of Funds.--A State shall use a grant provided under
this section--
(1) to provide access to shared supercomputing facilities
to small and medium manufacturers;
(2) to fund research and development of transformational
manufacturing processes and materials technology that advance
smart manufacturing; and
(3) to provide tools and training to small and medium
manufacturers on how to adopt energy management systems and
implement smart manufacturing technologies in the facilities
of the small and medium manufacturers.
(f) Evaluation.--The Secretary shall conduct biannual
evaluations of each grant made under this section--
(1) to determine the impact and effectiveness of programs
funded with the grant; and
(2) to provide guidance to States on ways to better execute
the program of the State.
(g) Funding.--There is authorized to be appropriated to the
Secretary to carry out this section $10,000,000 for each of
fiscal years 2021 through 2025.
SEC. 9106. 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 B--American Innovation and Manufacturing Leadership
SEC. 9201. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Allowance.--The term ``allowance'' means a limited
authorization for the production or the consumption, as
applicable, of a regulated substance in accordance with this
subtitle.
(3) Consumption.--The term ``consumption'' means, with
respect to any regulated substance, the amount of that
regulated substance produced in the United States, plus the
amount imported, minus the amount exported.
(4) Consumption baseline.--The term ``consumption
baseline'' means the baseline established for consumption of
regulated substances under section 9204(a)(2).
(5) Destroy.--The term ``destroy'' means destruction by
process or technology as approved by regulation by the
Administrator.
(6) Exchange value.--The term ``exchange value'' means, for
each regulated substance and each substance referenced in
paragraph (1)(B), (1)(C), (2)(B), or (2)(C) of section
9204(a), the value by which the mass of such substance shall
be multiplied for purposes of calculations under section
9204.
(7) Export.--The term ``export'' means the transport of a
regulated substance from any place subject to the
jurisdiction of the United States to any place not subject to
the jurisdiction of the United States.
(8) Import.--The term ``import'' means to land on, bring
into, or introduce into, or attempt to land on, bring into,
or introduce into, any place subject to the jurisdiction of
the United States, whether or not such landing, bringing, or
introduction constitutes an importation within the meaning of
the customs laws of the United States.
(9) Person.--The term ``person'' has the meaning given to
such term in section 302 of the Clean Air Act (42 U.S.C.
7602).
(10) Produce, produced, and production.--The terms
``produce'', ``produced'', and ``production'' refer to the
manufacture in the United States of a regulated substance
from any raw material or feedstock chemical, but such terms
do not include--
(A) the manufacture of a regulated substance that is used
and entirely consumed (except for trace quantities) in the
manufacture of other chemicals;
(B) the reuse or recycling of a regulated substance; or
(C) amounts that are destroyed.
(11) Production baseline.--The term ``production baseline''
means the baseline established for production of regulated
substances under section 9204(a)(1).
(12) Reclaim, reclaimed, and reclaiming.--The terms
``reclaim'', ``reclaimed'', and ``reclaiming'' mean the
reprocessing of a recovered regulated substance to, at a
minimum, the purity specified by and verified in accordance
with the Air-Conditioning, Heating, and Refrigeration
Institute (AHRI) Standard 700-2016 (or an appropriate
successor standard adopted by the Administrator).
(13) Recover and recovered.--The terms ``recover'' and
``recovered'' mean the removal of a regulated substance in
any condition from equipment and the storage of such
regulated substance in an external container without
necessarily testing or processing such regulated substance in
any way.
(14) Regulated substance.--The term ``regulated substance''
means a substance on the list published pursuant to section
9202.
(15) United states.--The term ``United States'' means any
place subject to the jurisdiction of the United States.
SEC. 9202. LISTING OF REGULATED SUBSTANCES.
(a) List of Regulated Substances.--The Administrator shall
maintain a list of regulated substances, listed by chemical
name and common name. The Administrator shall publish such
list and each update thereto in the Federal Register. Not
later than 180 days after the date of enactment of this Act,
the Administrator shall establish the initial such list. The
initial list under this subsection shall contain the
following:
Table 1
----------------------------------------------------------------------------------------------------------------
Chemical Name Common Name Exchange Value
----------------------------------------------------------------------------------------------------------------
CHF2 CHF2 HFC-134 1100
----------------------------------------------------------------------------------------------------------------
CH2FCF3 HFC-134a 1430
----------------------------------------------------------------------------------------------------------------
CH2FCHF2 HFC143 353
----------------------------------------------------------------------------------------------------------------
CHF2CH2CF3 HFC-245fa 1030
----------------------------------------------------------------------------------------------------------------
CF3CH2CF2CH3 HFC-365mfc 794
----------------------------------------------------------------------------------------------------------------
CF3CHFCF3 HFC-227ea 3220
----------------------------------------------------------------------------------------------------------------
CH2FCF2CF3 HFC-236cb 1340
----------------------------------------------------------------------------------------------------------------
CHF2CHFCF3 HFC-236ea 1370
----------------------------------------------------------------------------------------------------------------
CF3CH2CF3 HFC-236fa 9810
----------------------------------------------------------------------------------------------------------------
CH2FCF2CHF2 HFC-245ca 693
----------------------------------------------------------------------------------------------------------------
[[Page H4841]]
CF3CHFCHFCF2CF3 HFC-43-10mee 1640
----------------------------------------------------------------------------------------------------------------
CH2F2 HFC-32 675
----------------------------------------------------------------------------------------------------------------
CHF2CF3 HFC-125 3500
----------------------------------------------------------------------------------------------------------------
CH3CF3 HFC-143a 4470
----------------------------------------------------------------------------------------------------------------
CH3F HFC-41 92
----------------------------------------------------------------------------------------------------------------
CH2FCH2F HFC-152 53
----------------------------------------------------------------------------------------------------------------
CH3CHF2 HFC-152a 124
----------------------------------------------------------------------------------------------------------------
CHF3 HFC-23 14800
----------------------------------------------------------------------------------------------------------------
(b) Requirements.--The list required under subsection (a)
shall include the exchange value of each regulated substance,
as set forth in table 1 of this section or, for additional
regulated substances listed pursuant to subsection (c), as
determined by the Administrator pursuant to the requirements
of that subsection.
(c) Additional Regulated Substances.--The Administrator
may, by regulation, add a substance to the list published
under subsection (a) if such substance--
(1) is a saturated hydrofluorocarbon; and
(2) has an exchange value, as determined by the
Administrator on the basis of widely used or commonly
accepted credible current scientific information relating to
infrared absorption and kinetic rate constants, of not less
than 53.
(d) Savings Provision.--Nothing in this section authorizes
the Administrator to add to the list under subsection (a),
for purposes of phasing down production or consumption under
section 9204, a blend of substances. The preceding sentence
does not affect the authority of the Administrator to
regulate a regulated substance within a blend of substances.
SEC. 9203. MONITORING AND REPORTING REQUIREMENTS.
(a) Reports.--
(1) In general.--On a periodic basis to be determined by
the Administrator, but which shall be not less than annually,
each person who produced, imported, exported, reclaimed,
destroyed, used and entirely consumed (except for trace
quantities) in the manufacture of other chemicals, or used as
a process agent a regulated substance shall submit a report
to the Administrator setting forth the amount of each such
substance that such person during the preceding reporting
period--
(A) produced;
(B) imported;
(C) exported;
(D) reclaimed;
(E) destroyed;
(F) used and entirely consumed (except for trace
quantities) in the manufacture of other chemicals; or
(G) used as a process agent.
(2) Attestation.--Each report submitted under paragraph (1)
shall be signed and attested by a responsible officer (as
such term is used in section 603(b) of the Clean Air Act (42
U.S.C. 7671b(b)).
(b) Cessation of Reporting Requirement.--If a person
subject to subsection (a)(1) permanently ceases production,
importation, exportation, reclaiming, destruction, use and
entire consumption (except for trace quantities), or process
agent use, of a regulated substance, such person shall--
(1) submit a report under such subsection for the reporting
period in which such cessation occurs;
(2) notify the Administrator of such cessation prior to the
end of such reporting period; and
(3) not be subject to such subsection with respect to such
regulated substance for subsequent reporting periods.
(c) Baseline Reports.--
(1) Initial report.--Each person reporting pursuant to
subsection (a)(1) shall include in the first required such
report, in addition to the information required by subsection
(a)(1) to be reported for the applicable reporting period,
the amount of each regulated substance, in each of calendar
years 2011 through 2013, produced, imported, exported,
reclaimed, destroyed, used and entirely consumed (except for
trace quantities) in the manufacture of other chemicals, or
used as a process agent.
(2) Additional substances.--In the case of a substance
added to the list of regulated substances pursuant to section
9202(c), each person who produced, imported, exported,
reclaimed, destroyed, used and entirely consumed (except for
trace quantities) in the manufacture of other chemicals, or
used as a process agent, such regulated substance, shall
submit to the Administrator, not later than 180 days after
the date on which such substance is added to the list, a
report setting forth the amount of the substance that such
person produced, imported, exported, reclaimed, destroyed,
used and entirely consumed (except for trace quantities) in
the manufacture of other chemicals, or used as a process
agent in--
(A) each of calendar years 2011 through 2013; and
(B) the calendar year in which this Act is enacted and each
subsequent calendar year, if required by the Administrator in
a regulation adding a substance to the list of regulated
substances.
(d) Coordination.--To the extent consistent with
subsections (a) through (c), the Administrator may, by
regulation, allow any person subject to the requirements of
subsection (a)(1) to combine and include the information
required to be reported under that subsection with any other
related information that the person is required to report to
the Administrator.
(e) Regulations.--The Administrator shall promulgate
regulations to implement this section. Not later than 270
days after the date of enactment of this Act, the
Administrator shall promulgate such initial final regulations
as may be necessary pursuant to the preceding sentence.
SEC. 9204. PHASEDOWN OF REGULATED SUBSTANCES.
(a) Baselines.--
(1) Production baseline.--The baseline for the phasedown of
the production of regulated substances shall be the sum of--
(A) the sum of the products of--
(i) the average annual production in the United States of
each regulated substance during the 3-year period of calendar
years 2011, 2012, and 2013; multiplied by
(ii) the respective exchange value of each regulated
substance;
(B) an amount equal to 15 percent of the sum of the
products of--
(i) the average production in the United States of each
hydrochlorofluorocarbon in 1989; multiplied by
(ii) the respective exchange value of each such
hydrochlorofluorocarbon; and
(C) an amount equal to 0.42 percent of the sum of the
products of--
(i) the average production in the United States of each
chlorofluorocarbon in 1989; multiplied by
(ii) the respective exchange value of each such
chlorofluorocarbon.
(2) Consumption baseline.--The baseline for the phasedown
of the consumption of regulated substances shall be the sum
of--
(A) an amount equal to the sum of the products of--
(i) the average annual consumption in the United States of
each regulated substance during the 3-year period of calendar
years 2011, 2012, and 2013; multiplied by
(ii) the respective exchange value of each such regulated
substance;
(B) an amount equal to 15 percent of the sum of the
products of--
(i) the average consumption in the United States of each
hydrochlorofluorocarbon in 1989; multiplied by
(ii) the respective exchange value of each such
hydrochlorofluorocarbon; and
(C) an amount equal to 0.42 percent of the sum of the
products of--
(i) the average consumption in the United States of each
chlorofluorocarbon in 1989; multiplied by
(ii) the respective exchange value of each such
chlorofluorocarbon.
(3) Exchange values.--For purposes of paragraphs (1) and
(2), the following exchange values for
hydrochlorofluorocarbons and chlorofluorocarbons respectively
shall apply:
[[Page H4842]]
Table 2
----------------------------------------------------------------------------------------------------------------
Chemical Name Common Name Exchange Value
----------------------------------------------------------------------------------------------------------------
CHFCl2 HCFC-21 151
----------------------------------------------------------------------------------------------------------------
CHF2Cl HCFC-22 1810
----------------------------------------------------------------------------------------------------------------
C2HF3Cl2 HCFC-123 77
----------------------------------------------------------------------------------------------------------------
C2HF4Cl HCFC-124 609
----------------------------------------------------------------------------------------------------------------
CH3CFCl2 HCFC-141b 725
----------------------------------------------------------------------------------------------------------------
CH3CF2Cl HCFC-142b 2310
----------------------------------------------------------------------------------------------------------------
CF3CF2CHCl2 HCFC-225ca 122
----------------------------------------------------------------------------------------------------------------
CF2ClCF2CHClF HCFC-225cb 595
----------------------------------------------------------------------------------------------------------------
Table 3
----------------------------------------------------------------------------------------------------------------
Chemical Name Common Name Exchange Value
----------------------------------------------------------------------------------------------------------------
CFCl3 CFC-11 4750
----------------------------------------------------------------------------------------------------------------
CF2Cl2 CFC-12 10900
----------------------------------------------------------------------------------------------------------------
C2F3Cl3 CFC-113 6130
----------------------------------------------------------------------------------------------------------------
C2F4Cl2 CFC-114 10000
----------------------------------------------------------------------------------------------------------------
C2F5Cl CFC-115 7370
----------------------------------------------------------------------------------------------------------------
(b) Allowances.--
(1) Framework regulations.--The Administrator shall, by
regulation, establish an allowance allocation and trading
program to phase down the production and the consumption of
regulated substances in accordance with this section. Not
later than 270 days after the date of enactment of this Act,
the Administrator shall promulgate such final regulations as
may be necessary to establish the program required by the
preceding sentence.
(2) Allocations.--Not later than October 1 of each calendar
year following the promulgation of final regulations pursuant
to the second sentence of paragraph (1):
(A) The Administrator shall establish a quantity of
production allowances and a quantity of consumption
allowances. The quantities established pursuant to this
paragraph shall not exceed the applicable percentages of the
production baseline and of the consumption baseline for the
calendar year involved as specified in the following table 4:
Table 4
----------------------------------------------------------------------------------------------------------------
Percentage of Production Percentage of Consumption
Calendar year Baseline Baseline
----------------------------------------------------------------------------------------------------------------
through 2023 90% 90%
----------------------------------------------------------------------------------------------------------------
2024 through 2028 60% 60%
----------------------------------------------------------------------------------------------------------------
2029 through 2033 30% 30%
----------------------------------------------------------------------------------------------------------------
2034 through 2035 20% 20%
----------------------------------------------------------------------------------------------------------------
2036 and subsequent years 15% 15%
----------------------------------------------------------------------------------------------------------------
(B) The Administrator shall, by regulation, allocate such
production allowances and consumption allowances up to the
quantities of such allowances established pursuant to this
paragraph for the succeeding calendar year. The Administrator
may, at the Administrator's discretion, so allocate
allowances through a single rulemaking for multiple
succeeding calendar years.
(3) Prohibition.--Effective January 1 of the calendar year
immediately following the issuance of a final regulation
pursuant to the second sentence of paragraph (1), it shall be
unlawful for a person to do any of the following:
(A) Production of a regulated substance without holding a
production allowance that authorizes such production.
(B) Consumption of a regulated substance without holding a
consumption allowance that authorizes such consumption.
(C) Holding, using, or transferring any production
allowance or consumption allowance allocated under this
section, except in accordance with regulations promulgated by
the Administrator pursuant to paragraphs (1) and (2).
(4) Nature of allowances.--An allowance does not constitute
a property right. Nothing in this subtitle or in any other
provision of law shall be construed to limit the authority of
the United States to terminate or limit the authorization for
the production or consumption of a regulated substance, as
applicable, granted by the allowance.
(5) Compliance.--For each year listed in table 4, the
Administrator shall ensure that the annual quantity of
production or consumption in the United States of all
regulated substances
[[Page H4843]]
does not exceed the product obtained by multiplying the
production baseline or consumption baseline, as applicable,
and the applicable percentage listed in table 4.
(c) Transfers.--The regulations required by subsection
(b)(1) shall--
(1) utilize the exchange values for each regulated
substance established by or pursuant to section 9202;
(2) ensure that transfers of production allowances and
consumption allowances will result in greater total
reductions in the annual production or consumption, as
applicable, of regulated substances than would occur in that
year in the absence of such transfers; and
(3) authorize the transfer of production allowances or
consumption allowances among two or more persons only if the
transferor and transferee are subject to an enforceable and
quantifiable reduction in, respectively, annual production or
consumption.
(d) Schedule.--
(1) In general.--
(A) Regulations.--Subject to paragraph (3), the
Administrator may, in response to a petition submitted to the
Administrator in accordance with paragraph (2), promulgate
regulations which establish a schedule for phasing down the
production and the consumption of regulated substances that
is more stringent than set forth in table 4 in subsection
(b), if, based on the availability of substitutes for
regulated substances, the Administrator determines that such
more stringent schedule is practicable, taking into account
technological achievability, commercial demands, safety, and
other relevant factors, including the quantities of regulated
substances available from reclaiming or from prior production
or prior import.
(B) Uniform application.--In any regulations under
subparagraph (A), the Administrator shall apply any more
stringent phasedown schedule uniformly to the allocation of
production allowances and consumption allowances as provided
under subsection (b).
(2) Petition.--
(A) Submission.--Any person may petition the Administrator
to promulgate regulations under this subsection.
(B) Disposition.--The Administrator shall grant or deny any
petition under subparagraph (A) within 270 days after receipt
of any such petition.
(C) Denial.--If the Administrator denies any such petition,
the Administrator shall publish in the Federal Register an
explanation of why the petition was denied.
(D) Granting.--If the Administrator grants any such
petition, the Administrator shall--
(i) propose regulations implementing a more stringent
phasedown schedule not later than 270 days after granting the
petition; and
(ii) promulgate final regulations implementing a more
stringent phasedown schedule not later than 365 days after
proposing such regulations.
(E) Public availability.--The Administrator shall--
(i) submit for publication in the Federal Register a notice
of the availability of each petition received pursuant to
this paragraph not later than 60 days after receipt of such
petition; and
(ii) shall make each such petition available in full upon
request.
(F) Required showing.--Any petition under subparagraph (A)
shall include a showing by the petitioner that there are
adequate data to support the petition.
(G) Insufficient information.--If the Administrator
determines that data are not adequate to grant or deny the
petition, the Administrator shall use any authority available
to the Administrator, under any applicable law, to acquire
such data.
(3) Limitation.--The Administrator may not promulgate a
more stringent phasedown schedule under this subsection
applicable to any calendar year prior to calendar year 2024.
(e) Essential Uses.--
(1) Petition; authorization.--The Administrator may, by
regulation, allocate to a person additional production
allowances or consumption allowances to authorize the
production or consumption, respectively, beginning with
calendar year 2034, for a period of up to 5 years, of a
regulated substance in an amount up to 10 percent of the
quantity of production or consumption of such regulated
substance contributed by such person to the production
baseline or the consumption baseline, as applicable, if the
Administrator finds, based on a petition by such person,
that--
(A) such excess production or consumption is exclusively
for an application with respect to which no substitute is
available during such period, considering technological
achievability, commercial demands, safety, and other relevant
factors; and
(B) the available supply of such regulated substance,
including any quantities of such regulated substance
available from reclaiming, prior production, or prior import,
and allowances for such regulated substance, are insufficient
to accommodate such application.
(2) Extension.--The Administrator may, by regulation,
allocate additional production allowances or consumption
allowances, for additional periods of up to 5 years, in an
amount up to 10 percent of the quantity of production or
consumption of the regulated substance contributed by the
person involved to the production baseline or the consumption
baseline, as applicable, if the Administrator finds, based on
a petition by such person, that the criteria described in
subparagraphs (A) and (B) of paragraph (1) continue to be
satisfied.
(3) Exception.--The Administrator may allocate production
allowances or consumption allowances pursuant to this
subsection in amounts that cause the total quantity of
production allowances or consumption allowances in a year to
exceed the maximum quantity permissible under subsection (b)
for that year.
(f) Exports.--
(1) Exports of excess amounts.--
(A) In general.--Subject to subparagraphs (B) and (C) and
paragraph (2), the Administrator may, by regulation, issue
additional production allowances for renewable periods of up
to 5 years to a person to produce a regulated substance at a
facility located in the United States in excess of the amount
authorized by the production allowances otherwise held by
that person solely for export to, and use in, a foreign
country.
(B) Petition required.--Prior to issuing any additional
production allowances to a person pursuant to subparagraph
(A), the Administrator shall require the person to submit a
petition in such manner and containing such information as
the Administration may by regulation require.
(C) Limitation.--The Administrator shall not issue any
production allowances pursuant to subparagraph (A) in amounts
that would cause the total quantity of production allowances
in a year to exceed the maximum quantity of production
allowances permissible under subsection (b) for that year.
(2) Prohibited export for certain countries.--Beginning on
January 1, 2033, no person subject to the requirements of
this subtitle shall export a regulated substance to a foreign
country that is not identified by the Administrator as having
enacted or otherwise established the same or similar
requirements or otherwise undertaken commitments regarding
the production and the consumption of regulated substances as
are contained in this subtitle.
SEC. 9205. MANAGEMENT OF REGULATED SUBSTANCES.
(a) Sense of Congress.--It is the sense of Congress that
the Administrator should provide for a safe hydrofluorocarbon
transition by ensuring that heating, ventilation, air
conditioning, and refrigeration practitioners are positioned
to comply with safe servicing, repair, disposal, or
installation procedures.
(b) Regulations.--
(1) In general.--Not later than 24 months after the date of
enactment of this Act, the Administrator shall, for purposes
of maximizing reclaiming, minimizing the release of a
regulated substance from equipment, and ensuring the safety
of technicians and consumers, promulgate regulations to
control, where appropriate, any practice, process, or
activity regarding the servicing, repair, disposal, or
installation of equipment that involves a regulated substance
or a substitute for a regulated substance, including the
reclaiming of a regulated substance or a substitute for a
regulated substance.
(2) Minimum standards.--The regulations promulgated under
paragraph (1) may include, where appropriate, that any such
servicing, repair, disposal, or installation be performed by
a trained technician meeting minimum standards, as determined
by the Administrator.
(c) Reclaim.--
(1) Consideration.--The Administrator shall consider the
use of any authority available to the Administrator under
this subtitle to increase opportunities for the reclaiming of
regulated substances.
(2) Requirement.--Any regulated substance that is recovered
shall be reclaimed before such regulated substance is sold or
transferred to a new owner, except where such recovered
regulated substance is sold or transferred to a new owner
solely for the purposes of being reclaimed or destroyed.
(d) Coordination.--In promulgating regulations to implement
this section, the Administrator may coordinate such
regulations with any other regulations promulgated by the
Administrator that involve--
(1) the same or similar practice, process, or activity
regarding the servicing, repair, disposal, or installation of
equipment; or
(2) reclaiming.
(e) Inapplicability.--Subsections (a) through (d) do not
apply with respect to a regulated substance or a substitute
for a regulated substance that is contained in a foam.
SEC. 9206. TECHNOLOGY TRANSITIONS.
(a) Authority.--The Administrator may, by regulation and in
accordance with this section, prohibit or restrict, including
through a graduated schedule, the use of a regulated
substance in a sector or subsector in which such regulated
substance is used.
(b) Negotiated Rulemaking.--The Administrator shall
consider negotiating and developing a proposed regulation
under this section in accordance with the negotiated
rulemaking procedure under subchapter III of chapter 5 of
title 5, United States Code (commonly referred to as the
``Negotiated Rulemaking Act of 1990''). If the Administrator
decides to proceed with a negotiated rulemaking, the
Administrator shall, to the extent the Administrator deems
practicable, give priority to completing that rulemaking over
completing concurrent non-negotiated rulemakings pursuant to
this section. If the Administrator decides not to proceed
with a negotiated rulemaking, the Administrator shall include
an explanation of such decision in any proposed regulation
published pursuant to this section.
(c) Petition.--
(1) Submission.--Any person may petition the Administrator
to promulgate regulations under this section to prohibit or
restrict the use of a regulated substance in a sector or
subsector.
(2) Disposition.--The Administrator shall grant or deny a
petition received pursuant to paragraph (1) not later than
180 days after receipt of such petition.
(3) Denial.--If the Administrator denies a petition
received pursuant to paragraph (1), the Administrator shall
publish in the Federal Register an explanation of the
Administrator's decision.
(4) Granting.--If the Administrator grants a petition
received pursuant to paragraph (1), the Administrator shall--
[[Page H4844]]
(A) propose regulations prohibiting or restricting the use
of the regulated substance in the sector or subsector under
subsection (a) not later than 270 days after granting such
petition; and
(B) promulgate final regulations prohibiting or restricting
the use of the regulated substance in the sector or subsector
under subsection (a) not later than 365 days after proposing
such regulations.
(5) Public availability.--The Administrator shall--
(A) submit for publication in the Federal Register a notice
of the availability of each petition received pursuant to
this subsection not later than 60 days after receipt of such
petition; and
(B) shall make each such petition available in full upon
request.
(d) Criteria.--In promulgating regulations under this
section, the Administrator shall consider--
(1) promoting and supporting domestic economic development;
(2) maximizing protections for human health and the
environment;
(3) minimizing costs for the production, use, and
reclaiming of regulated substances;
(4) maximizing flexibility for the recovery, reclaiming,
and re-use of regulated substances;
(5) ensuring consumer safety;
(6) the availability of substitutes for regulated
substances, taking into account technological achievability,
commercial demands, safety, and other relevant factors,
including lead times for equipment conversion; and
(7) minimizing any costs to consumers.
(e) Evaluation.--For purposes of this subtitle, the
Administrator shall--
(1) on an ongoing basis, evaluate the availability of
substitutes for regulated substances in a sector or
subsector, taking into account technological achievability,
commercial demands, safety, and other relevant factors,
including lead times for equipment conversion; and
(2) maintain a public clearinghouse of such substitutes by
sector and subsector, as applicable.
(f) Coordination.--In promulgating regulations to prohibit
or restrict the use of a regulated substance in a sector or
subsector under this section, the Administrator may
coordinate such regulations with any other regulations
pertaining to currently or potentially available substitutes
for regulated substances.
SEC. 9207. RULEMAKING AUTHORITY.
(a) Rulemakings.--The Administrator may promulgate such
regulations as are necessary to carry out the functions of
the Administrator under this subtitle.
(b) Delegation.--The Administrator may delegate to any
officer or employee of the Environmental Protection Agency
such of the powers and duties of the Administrator under this
subtitle as the Administrator determines to be appropriate.
(c) Requirements.--In exercising any requirement or
authority in this subtitle to act by regulation or to
promulgate regulations, the Administrator shall comply with
the requirements of section 307(d) of the Clean Air Act (42
U.S.C. 7607(d)).
SEC. 9208. RELATIONSHIP TO OTHER LAWS.
Sections 113, 114, 304, and 307 of the Clean Air Act (42
U.S.C. 7413, 7414, 7604, 7607) shall apply to this subtitle
and any regulations promulgated by the Administrator pursuant
to this subtitle as though this subtitle were included in
title VI of the Clean Air Act (42 U.S.C. 7671 et seq.).
Subtitle C--Clean Industrial Technology
SEC. 9301. PURPOSE.
The purpose of this subtitle and the amendments made by
this subtitle is to encourage the development and evaluation
of innovative technologies aimed at increasing--
(1) the technological and economic competitiveness of
industry and manufacturing in the United States; and
(2) the emissions reduction of nonpower industrial sectors.
SEC. 9302. INDUSTRIAL EMISSIONS REDUCTION TECHNOLOGY
DEVELOPMENT PROGRAM.
(a) In General.--Subtitle D of title IV of the Energy
Independence and Security Act of 2007, as amended by this
Act, is further amended by adding at the end 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).
``(6) Critical material or mineral.--The term `critical
material or mineral' means a material or mineral that serves
an essential function in the manufacturing of a product and
has a high risk of a supply disruption, such that a shortage
of such a material or mineral would have significant
consequences for United States economic or national security.
``(b) Industrial Emissions Reduction Technology Development
Program.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary, in coordination
with the Director and in consultation with the heads of
relevant Federal agencies, National Laboratories, industry,
and institutions of higher education, shall establish a
crosscutting research, development, and demonstration program
to further the development and commercial application of
innovative industrial emissions reduction technologies that--
``(A) increase the technological and economic
competitiveness of industry and manufacturing in the United
States; and
``(B) achieve emissions reduction in nonpower industrial
sectors.
``(2) Coordination.--In carrying out the program, the
Secretary shall, to the maximum extent practicable--
``(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 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, to the
maximum extent practicable--
``(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, concrete, 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;
``(C) achieve emissions reduction in chemical production
processes;
``(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 that--
``(i) 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; and
``(iii) by reducing resource intensity; 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,
including--
``(A) high-performance lightweight materials; and
``(B) substitutions for critical materials and minerals;
``(3) development of net-zero emissions liquid and gaseous
fuels;
``(4) emissions reduction in shipping, aviation, and long
distance transportation, including through the use of
alternative fuels;
``(5) carbon capture technologies for industrial processes;
``(6) high-performance computing to develop advanced
materials and manufacturing processes contributing to the
focus areas described in paragraphs (1) through (5),
including--
``(A) modeling, simulation, and optimization to design
energy efficient and sustainable products; and
``(B) the use of digital prototyping and additive
manufacturing to enhance product design;
``(7) other technologies that achieve net-zero emissions in
nonpower industrial sectors as determined by Secretary in
coordination with the Director;
``(8) incorporation of sustainable and green chemistry and
engineering principles, practices, and methodologies, as the
Secretary determines appropriate; and
``(9) other research or technology areas identified in the
Emissions Reduction Roadmap authorized in section 456.
``(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.
[[Page H4845]]
``(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) 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).
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
the demonstration projects authorized in subsection (d)(3)--
``(1) $20,000,000 for fiscal year 2021;
``(2) $80,000,000 for fiscal year 2022;
``(3) $100,000,000 for fiscal year 2023;
``(4) $150,000,000 for fiscal year 2024; and
``(5) $150,000,000 for fiscal year 2025.
``(f) Coordination.--The Secretary shall carry out the
activities authorized in this section in accordance with
section 203 of the Department of Energy Research and
Innovation Act (42 U.S.C. 18631).''.
(b) Technical Amendment.--The table of contents of the
Energy Independence and Security Act of 2007 (Public Law 110-
140; 121 Stat. 1494) is amended by inserting after the item
relating to section 454 (as added by this Act) the following:
``Sec. 455. Industrial emissions reduction technology development
program.''.
SEC. 9303. INDUSTRIAL TECHNOLOGY INNOVATION ADVISORY
COMMITTEE.
(a) In General.--Subtitle D of title IV of the Energy
Independence and Security Act of 2007, as amended by this
Act, is further amended by adding at the end 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 this section, the Secretary, in
coordination 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 15 members, who shall be appointed by the
Secretary, in coordination with the Director.
``(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) not less than 2 representatives of labor groups;
``(C) not less than 3 representatives of the research
community, which shall include academia and National
Laboratories;
``(D) not less than 2 representatives of nongovernmental
organizations;
``(E) not less than 6 representatives of industry, the
collective expertise of which shall cover every focus area
described in section 455(c);
``(F) not less than 1 representative of a State government;
and
``(G) any other individual whom 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,
develop the missions and goals of the program, which shall be
consistent with the purposes of the program described in
section 455(b)(1);
``(B) advise the Secretary and the Director with respect to
the program--
``(i) by identifying and evaluating any technologies being
developed by the private sector or other Federal agencies
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 roadmap described in paragraph (2).
``(2) Emissions reduction roadmap.--
``(A) Purpose.--The purpose of the roadmap developed under
paragraph (1)(C) is to set forth a plan for achieving the
goals of the program established in section 455(b)(1),
including for the focus areas described in section 455(c).
``(B) Contents.--The roadmap 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) leverage existing roadmaps relevant to the program
in section 455(b)(1) and the focus areas in section 455(c);
``(iii) specify the anticipated timeframe for achieving the
objectives specified under clause (i);
``(iv) include plans for developing emissions reduction
technologies that are globally cost-competitive; and
``(v) identify the appropriate role for investment by the
Federal Government, in coordination with the private sector,
to achieve the objectives specified under clause (i).
``(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 this section, 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) a review of the management, technology screening,
coordination, and industry utility of the program;
``(D) an evaluation of the progress of the program and the
research, development, and demonstration activities 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) the roadmap developed by the Committee under
subsection (d)(1)(C);
``(H) the progress made in achieving the goals set out in
that roadmap;
``(I) 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
``(J) 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
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
``(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) is amended by inserting after the item
relating to section 455 (as added by this Act) the following:
``Sec. 456. Industrial Technology Innovation Advisory Committee.''.
SEC. 9304. TECHNICAL ASSISTANCE PROGRAM TO IMPLEMENT
INDUSTRIAL EMISSIONS REDUCTION.
(a) In General.--Subtitle D of title IV of the Energy
Independence and Security Act of 2007, as amended by this
Act, is further amended by adding at the end 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;
``(G) a private entity; and
``(H) a trade association or technical society.
``(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 one year after the
date of enactment of this section, the Secretary shall
establish a program to provide technical assistance to
eligible entities to promote the commercial application of
emission reduction technologies developed through the program
established in section 455(b).
``(c) Applications.--
``(1) 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.
``(2) Priorities.--In selecting eligible entities for
technical assistance under the program, the Secretary shall
give priority to an eligible entity--
``(A) carrying out a commercial application of technology
that has the greatest potential for emissions reduction in
nonpower industrial sectors;
``(B) located in a State that has historically relied on
industrial sectors for a substantial portion of the State
economy, as determined by the
[[Page H4846]]
Secretary, taking into account employment data, per capita
income, and other indicators of economic output in the State;
or
``(C) located in a State that has experienced significant
decline in the economic contribution of industry to the
State.''.
(b) Technical Amendment.--The table of contents of the
Energy Independence and Security Act of 2007 (Public Law 110-
140; 121 Stat. 1494) is amended by inserting after the item
relating to section 456 (as added by this Act) the following:
``Sec. 457. Technical assistance program to implement industrial
emissions reduction.''.
SEC. 9305. 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''.
Subtitle D--Combined Heat and Power Support
SEC. 9401. 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 Clean Economy
Jobs and Innovation Act;
``(B) such 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.
``(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 to--
``(i) building, industrial, and electric and natural gas
utility professionals;
``(ii) State and local policymakers; and
``(iii) other individuals and organizations with an
interest in efficient energy use, local or opportunity fuel
use, resiliency, or 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
operations and effectiveness of the 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, including
continued support of the mission goals of the Department of
Defense, on CHP and microgrid technologies, including
continuation and updating of--
``(I) the CHP installation database;
``(II) CHP technology potential analyses;
``(III) State CHP resource pages; and
``(IV) CHP Technical Assistance Partnerships websites;
``(ii) to research, develop, and conduct target market
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;
``(iii) to provide or coordinate onsite assessments for
sites and enterprises that may consider deployment of CHP
technology;
``(iv) to perform market research to identify high profile
candidates for deployment of CHP technologies, hybrid
renewable-CHP technologies, microgrids, and clean energy;
``(v) to provide nonbiased engineering support to sites
considering deployment of CHP technologies;
``(vi) to assist organizations developing clean energy
technologies and policies in overcoming barriers to
deployment; and
``(vii) to assist companies and organizations 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 are
authorized to be appropriated to carry out this section
$12,000,000 for each of fiscal years 2021 through 2025.''.
(b) Conforming Amendment.--The table of contents of the
Energy Policy and Conservation Act is amended by striking the
item relating to section 375 and inserting the following:
``375. CHP Technical Assistance Partnership Program.''.
Subtitle E--Title XVII Loan Program Reform
SEC. 9501. LOAN PROGRAM OFFICE TITLE XVII REFORM.
(a) Terms and Conditions.--Section 1702 of the Energy
Policy Act of 2005 (42 U.S.C. 16512) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Specific Appropriation or Contribution.--
``(1) In general.--Except as provided in paragraph (2), the
cost of a guarantee shall be paid by the Secretary using an
appropriation made for the cost of the guarantee, subject to
the availability of such an appropriation.
``(2) Insufficient appropriations.--If sufficient
appropriated funds to pay the cost of a guarantee are not
available, then the guarantee shall not be made unless--
``(A) the Secretary has received from the borrower a
payment in full for the cost of the guarantee and deposited
the payment into the Treasury; or
``(B) a combination of one or more appropriations and one
or more payments from the borrower under this subsection has
been made that is sufficient to cover the cost of the
guarantee.'';
(2) in subsection (h)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary shall charge, and collect
on or after the date of the financial close of an obligation,
a fee for a guarantee in an amount that the Secretary
determines is sufficient to cover applicable administrative
expenses (including any costs associated with third-party
consultants engaged by the Secretary).''; and
(B) by adding at the following:
``(3) Reduction in fee amount.--Notwithstanding paragraph
(1) and subject to the availability of appropriations, the
Secretary may reduce the amount of a fee for a guarantee
under this subsection.''; and
(3) by adding at the end the following:
``(l) Application Status.--
``(1) Request.--If the Secretary does not make a final
decision on an application for a guarantee under this title
by the date that is 180 days after receipt of the application
by the Secretary, the applicant may request, on or after that
date and not more than once every 60 days thereafter until a
final decision is made, that the Secretary provide to the
applicant a response described in paragraph (2).
``(2) Response.--Not later than 10 days after receiving a
request from an applicant under paragraph (1), the Secretary
shall provide to the applicant a response that includes--
``(A) a description of the current status of review of the
application;
``(B) a summary of any factors that are delaying a final
decision on the application, a list of what items are
required in order to reach a final decision, citations to
authorities stating the reasons why such items are required,
and a list of actions the applicant can take to expedite the
process; and
``(C) an estimate of when a final decision on the
application will be made.
``(m) Outreach.--In carrying out this title, the Secretary
shall--
``(1) provide assistance with the completion of
applications for a guarantee under this title;
``(2) conduct outreach, including through conferences and
online programs, to disseminate information to potential
applicants; and
``(3) conduct outreach to encourage participation of
supporting finance institutions and private lenders in
eligible projects.
``(n) Coordination.--In carrying out this title, to the
extent consistent with applicable law, the Secretary shall
collaborate, coordinate, and share information with relevant
offices within the Department.
``(o) Report.--Not later than 2 years after the date of the
enactment of this subsection and every 3 years thereafter,
the Secretary shall submit to Congress a report on the status
of projects receiving guarantees under this title,
including--
``(1) a list of such projects, including the guarantee
amount, construction status, and financing partners of each
such project;
``(2) the status of each such project's loan repayment,
including interest paid and future repayment projections;
``(3) estimate of the greenhouse gas emissions avoided from
each such project;
``(4) data regarding the number of direct and indirect jobs
retained, restored, or created by such projects;
``(5) the number of new projects projected to receive a
guarantee under this title during the next 2 years and the
aggregate guarantee amount; and
``(6) any other metrics the Secretary finds appropriate.''.
(b) State Loan Eligibility.--
(1) 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) Indian tribe, native corporation, tribal energy
development organization.--The terms `Indian tribe', `Native
Corporation', and `tribal energy development organization'
have the meaning given such terms in section 2601 of the
Energy Policy Act of 1992 (25 U.S.C. 3501).
``(7) 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).
``(8) 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 that may--
[[Page H4847]]
``(i) provide financing support or credit enhancements,
including loan guarantees and loan loss reserves, for
eligible projects; and
``(ii) 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 tribe, Native Corporation, or
tribal energy development organization.''.
(2) Terms and conditions.--Section 1702 of the Energy
Policy Act of 2005 (42 U.S.C. 16512) is further amended--
(A) in subsection (a), by inserting ``, including projects
receiving financial support or credit enhancements from a
State energy financing institution,'' after ``for projects'';
(B) 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
(C) by adding at the end the following:
``(p) State Energy Financing Institutions.--
``(1) Partnerships authorized.--State energy financing
institutions providing financial support or credit
enhancements for eligible projects may enter into
partnerships with private entities, Indian tribes, Native
Corporations, and tribal energy development organizations.
``(2) 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 guarantees made to State energy financing
institutions.''.
(c) Project Eligibility Expansion.--
(1) In general.--The Energy Policy Act of 2005 is amended
by adding after section 1703 the following new section:
``SEC. 1703A. OTHER ELIGIBLE PROJECTS.
``(a) In General.--The Secretary may make guarantees under
this section only for projects that--
``(1) avoid, reduce, utilize, or sequester air pollutants
or anthropogenic emissions of greenhouse gases; and
``(2) employ new or significantly improved technologies as
compared to commercial technologies in service in the United
States at the time the guarantee is issued, including
projects that employ--
``(A) a system of technologies that combine existing
technologies in an innovative manner;
``(B) elements of commercial technologies in combination
with new or significantly improved technologies; or
``(C) new and innovative technologies developed outside the
energy sector that enable modernization of existing energy
infrastructure and systems.
``(b) Categories.--Projects from the following categories
shall be eligible for a guarantee under this section:
``(1) Advanced nuclear energy facilities, including
manufacturing and deployment of nuclear supply components for
advanced nuclear reactors.
``(2) Carbon capture, utilization, and sequestration
practices and technologies, including--
``(A) agricultural and forestry practices that store and
sequester carbon; and
``(B) synthetic technologies to remove carbon from the air
and oceans.
``(3) Energy storage technologies for residential,
industrial, transportation, and power generation
applications.
``(4) Technologies and systems for reducing emissions of
greenhouse gases with high global warming potential,
including for reducing methane leakage from natural gas
transmission and distribution infrastructure.
``(5) Application of technologies, including data
analytics, artificial intelligence, and other software to
improve the energy efficiency, operations, and management of
energy infrastructure, including electric grid operations.
``(6) Energy-water use efficiency in water resources
infrastructure and water-using technologies.
``(7) Technologies for improving the resilience or
reliability of existing energy infrastructure, including
technologies that incorporate energy storage and grid
modernization initiatives or improve the cybersecurity of
energy technologies.
``(8) Technologies or processes for reducing greenhouse gas
emissions from industrial applications, including iron,
steel, cement, and ammonia production, hydrogen production,
and generation of high-temperature heat.
``(9) Categories of projects and projects described in
section 1703.
``(c) Regional Variation.--Notwithstanding subsection
(a)(2), the Secretary may, to account for regional variation
in deployment of technology, make guarantees under this
section for up to 6 projects that employ the same or similar
technology as another project, provided no more than 2
projects that use the same or a similar technology are
located in the same region of the United States.
``(d) State Energy Financing Institutions.--Notwithstanding
subsection (a), the Secretary may use up to 25 percent of
authority provided for commitments to guarantee loans under
this title for projects--
``(1) that are receiving financial support or credit
enhancements from a State energy financing institution; and
``(2) that meet the requirements of paragraph (1) of
subsection (a), but do not meet the requirements of paragraph
(2) of subsection (a).
``(e) Emission Levels and Tax Credits.--Subsections (d) and
(e) of section 1703 shall apply with respect to projects
receiving guarantees under this section.''.
(2) Applicability.--Section 1702 of the Energy Policy Act
of 2005 (42 U.S.C. 16512) is further amended by adding at the
end the following:
``(q) Applicability.--The Secretary shall not, for a period
of 10 years after the date of enactment of this subsection,
enter into a loan guarantee agreement for an eligible
project--
``(1) under section 1703A; or
``(2) that is receiving financial support or credit
enhancements from a State energy financing institution.''.
(3) Conforming amendments.--
(A) Definition of eligible projects.--Section 1701(3) of
the Energy Policy Act of 2005 (42 U.S.C. 16511(3)) is amended
by inserting ``or section 1703A'' after ``section 1703''.
(B) Table of contents.--The table of contents for the
Energy Policy Act of 2005 is amended by inserting after the
item relating to section 1703 the following:
``Sec. 1703A. Other eligible projects.''.
SEC. 9502. AUTHORIZATION OF APPROPRIATIONS.
Section 1704 of the Energy Policy Act of 2005 (42 U.S.C.
16514) is amended by adding at the end the following:
``(c) Administrative and Other Expenses.--There are
authorized to be appropriated--
``(1) $32,000,000 for each of fiscal years 2021 through
2025 to carry out this title; and
``(2) for fiscal year 2021, in addition to amounts
authorized under paragraph (1), $25,000,000, to remain
available until expended, for administrative expenses
described in section 1702(h)(1) that are not covered by fees
collected pursuant to section 1702(h).''.
TITLE X--CRITICAL MATERIALS
SEC. 10101. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate Congressional committees'' means the Committee
on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Energy and Natural
Resources of the Senate.
(2) Center.--The term ``Center'' means the Critical
Materials Information Center established under section
10122(a).
(3) Department.--The term ``Department'' means the
Department of Energy.
(4) Energy critical material.--The term ``energy critical
material'' means any of a class of non-fuel materials that
have a high risk of a supply disruption and are critical to
one or more existing or new, energy-related technologies such
that a substantial supply disruption of such material would
significantly inhibit large-scale deployment of technologies
that produce, transmit, store, or conserve energy.
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning given
such term in section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)).
(6) Program.--The term ``program'' means the program
authorized in section 10121(a).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
Subtitle A--Energy Critical Materials
SEC. 10121. ENERGY CRITICAL MATERIALS PROGRAM.
(a) Authorization of Program.--
(1) In general.--The Secretary shall carry out a cross-
cutting program of research, development, demonstration, and
commercial application to assure the long-term, secure, and
sustainable supply of energy critical materials sufficient to
satisfy the national security, economic well-being, public
health, and industrial production needs of the United States.
This program may be carried out primarily by an Energy
Innovation Hub established under section 206 of the
Department of Energy Research Coordination Act (42 U.S.C.
18632).
(2) Program activities.--In carrying out this program, the
Secretary shall focus on areas that the private sector by
itself is not likely to undertake because of technical and
financial uncertainty and support activities to--
(A) identify, develop, and test alternative minerals,
metals, and replacement materials that--
(i) can be substituted for energy critical materials and
maintain or exceed current performance; or
(ii) enable new component and system design options that
lessen the need for energy critical materials;
particularly those alternative materials with existing
production sources within the United States and not subject
to substantial supply disruptions;
(B) engineer and test diverse applications that--
(i) accelerate recycling and use of recycled energy
critical materials;
(ii) use alternative materials; or
(iii) seek to minimize energy critical material content;
(C) develop innovative technologies and practices to
diversify commercially viable and sustainable domestic
sources of energy critical materials, including technologies
for recovery from waste streams, more efficient recovery of
coproducts and byproducts, and reduction of energy intensity,
environmental impact, and costs of the extraction,
production, separation, alloying, and processing of energy
critical materials;
(D) improve the understanding of the performance,
processing, and adaptability in engineering designs using
energy critical materials;
(E) develop advanced theoretical, computational, and
experimental tools necessary to support the crosscutting
research and development needs of diverse critical materials
stakeholders;
(F) ensure that relevant facilities are available and
equipped to assist in carrying out the direction of the
program;
(G) advance new mapping and analytical technologies and
techniques that identify and
[[Page H4848]]
characterize domestic critical materials resources; and
(H) improve the understanding of energy critical material
supply chains, risks from supply disruption, supply
restriction, volatility in demand, and ability to substitute.
(3) Coordination.--In carrying out the program under
subsection (a) the Secretary of Energy shall coordinate and
leverage resources and expertise across the Department and
from--
(A) Federal agencies;
(B) National Laboratories;
(C) academic institutions;
(D) private sector entities, including small businesses;
(E) nongovernmental organizations; and
(F) other relevant entities or individuals.
(4) Expanding participation.--In carrying out the program,
the Secretary shall encourage multidisciplinary
collaborations of participants, including opportunities for
students and post-doctoral staff at institutions of higher
education.
(5) International collaboration.--In carrying out the
program, the Secretary shall collaborate, to the extent
practicable, on activities of mutual interest with the
relevant agencies and nongovernmental organizations of
foreign countries with interests relating to energy critical
materials.
(b) Plan.--
(1) In general.--Within 180 days after the date of
enactment of this Act and biennially thereafter, the
Secretary shall prepare and submit to the appropriate
Congressional committees a plan to carry out the program.
(2) Specific requirements.--The plan required under
paragraph (1) shall include a description of--
(A) the research and development activities to be carried
out by the program during the subsequent 2 years;
(B) the expected contributions of the program to the
creation of innovative methods and technologies for the
efficient and sustainable provision of energy critical
materials to the domestic economy;
(C) the expected activities of the program to mitigate the
adverse environmental and health impacts of the extraction,
processing, manufacturing, use, recovery, and recycling of
energy critical materials; and
(D) how the program is promoting the broadest possible
participation by academic, industrial, the public, and other
contributors.
(3) Consultation.--In preparing each plan under paragraph
(1), the Secretary shall consult with appropriate
representatives of industry, institutions of higher
education, Department of Energy national laboratories,
professional and technical societies, other Federal agencies,
States, tribes, the public, and other entities, as determined
by the Secretary.
(c) Coordination and Nonduplication.--To the maximum extent
practicable, the Secretary shall ensure that the activities
carried out under this subtitle are coordinated with, and do
not unnecessarily duplicate the efforts of, other programs
within the Federal Government.
(d) Standard of Review.--Not later than 2 years after the
date of the enactment of this Act the Secretary of Energy
shall conduct a review of activities carried out under this
program described in subsection (a) to determine the
achievement of technical milestones established in subsection
(e).
(e) Critical Materials Consortium.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Energy shall
establish and operate a Critical Materials Consortium
(referred to in this section as the ``Consortium'') for the
purpose of supporting the program under subsection (a) by
providing, to the maximum extent practicable, a centralized
entity for multidisciplinary, collaborative, critical
materials research and development.
(2) Leadership.--If an Energy Innovation Hub, consistent
with section 206 of the Department of Energy Research
Coordination Act, that is focused on energy critical
materials exists on the date of enactment of this Act, then
the Secretary shall leverage the personnel and expertise of
such a Hub to manage the Consortium for at least a 3 year
period following the establishment of the Consortium.
(3) Membership.--The members of the Consortium shall be
representatives from relevant Federal agencies, the National
Laboratories, institutions of higher education, private
sector entities, multi-institutional collaborations, and
other appropriate entities.
(4) Activities.--The Consortium shall--
(A) develop and implement a multi-year program plan which
includes the determination of technical goals and milestones
and prioritizes leveraging of the user facilities, high
performance computing capabilities, and expertise of the
Department of Energy and the National Laboratories; and
(B) submit an annual report to the Secretary of Energy
summarizing the activities of the Consortium which includes
an evaluation of the Consortium's role in the achievement of
technical milestones determined in subparagraph (A).
(5) Duration.--The Consortium established under this
subsection shall receive support for a period of not more
than 5 years, subject to the availability of appropriations.
(6) Renewal.--Upon the expiration of any period of support
of the Consortium, the Secretary of Energy may renew support
for the Consortium, on a merit-reviewed basis, for a period
of not more than 5 years.
(7) Termination.--Consistent with the existing authorities
of the Department, the Secretary of Energy may terminate the
Consortium for cause during the performance period.
(f) Critical Materials and Supply Chain Research
Facility.--The Secretary shall support construction of a
facility that provides an integrated, rapidly reconfigurable
research platform to further enable research and development
activities throughout the supply chain for energy critical
materials.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Energy $135,000,000
for each of fiscal years 2021 through 2025 to carry out this
section.
SEC. 10122. CRITICAL MATERIALS RESEARCH DATABASE AND
INFORMATION CENTER.
(a) In General.--In carrying out the program established
under section 10121, the Secretary, in consultation with the
Director of the National Science Foundation shall establish
and operate a Critical Materials Information Center to
collect, catalogue, disseminate, and archive information on
energy critical materials in coordination with the Office of
Scientific and Technical Information of the Department of
Energy, and support the development of a web-based platform
to provide public access to a database of computed
information on known and predicted critical materials and
related material properties and computational tools in order
to--
(1) accelerate breakthroughs in energy critical materials
identification and design;
(2) strengthen the foundation for technologies that will
enable more sustainable recycling, substitution, use, and
recovery and minimize the environmental impacts of methods
for extraction, processing, and manufacturing of energy
critical materials; and
(3) drive the development of advanced materials for
applications that span the Department's missions in energy,
environment, and national security.
(b) Activities.--In carrying out this section, the
Secretary shall--
(1) conduct cooperative research with industry, academia,
and other research institutions to facilitate the design of
novel materials, including critical materials and substitutes
for critical materials;
(2) leverage existing high-performance computing systems to
conduct high throughput calculations and develop computing
and data mining algorithms for the prediction of material
properties, including a focus on critical materials;
(3) leverage and support research in mineralogy and mineral
chemistry to enhance the understanding, prediction, and
manipulation of critical materials;
(4) assist scientists and engineers in making the fullest
possible use of the Department's relevant data holdings,
including the scientific and technical data generated by the
research and development activities funded under section
1021;
(5) seek and incorporate other information on energy
critical materials to enhance the Department's utility for
program participants and other users;
(6) manage and make available to researchers and the public
accessible, curated, standardized, secure, and privacy
protected data sets from the public and private sectors for
the purposes of critical materials research and development
activities.
(c) Coordination.--To carry out this section, the Secretary
of Energy shall leverage and ensure the coordination of
relevant programs, facilities, and activities across the
Department, including the Critical Materials Consortium
established under section 10121(e).
(d) Security.--In carrying out the activities authorized by
this section, the Secretary of Energy, in consultation with
the Director of the National Science Foundation, shall ensure
proper security controls are in place to protect proprietary
or sensitive data, as appropriate.
SEC. 10123. CRITICAL MATERIALS INTERAGENCY SUBCOMMITTEE.
(a) In General.--The Critical Minerals Subcommittee of the
National Science and Technology Council (referred to in this
section as the ``Subcommittee''), shall coordinate Federal
science and technology efforts to ensure secure, reliable,
and environmentally sustainable supplies of critical
materials to the United States.
(b) Purposes.--the purposes of the Subcommittee shall be--
(1) to advise and assist the National Science and
Technology Council, including the Committee on Homeland and
National Security, on United States policies, procedures, and
plans as it relates to critical materials, including--
(A) Federal research, development, and commercial
application efforts to minimize the environmental impacts of
methods for extractions, concentration, separation and
purification of conventional, secondary, and unconventional
sources of critical materials;
(B) efficient use, substitution, and reuse of critical
materials;
(C) the critical materials workforce of the United States;
and
(D) United States private industry investments in
innovation and technology transfer from federally funded
science and technology;
(2) to identify emerging opportunities, stimulate
international cooperation, and foster the development of
secure and reliable supply chains of critical materials and
establish scenario modeling systems for supply problems of
critical materials and energy critical materials;
(3) to ensure the transparency of information and data
related to critical materials; and
(4) to provide recommendations on coordination and
collaboration among the research, development, and deployment
programs and activities of Federal agencies to promote a
secure and reliable supply of critical materials necessary to
maintain national security, economic well-being, public
health, and industrial production.
(c) Responsibilities.--In carrying out paragraphs (1) and
(2), the Subcommittee may, taking into account the findings
and recommendations of relevant advisory committees--
(1) provide recommendations on how Federal agencies may
improve the topographic, geologic,
[[Page H4849]]
and geophysical mapping of the United States and improve the
discoverability, accessibility, and usability of the
resulting and existing data, to the extent permitted by law
and subject to appropriate limitation for purposes of privacy
and security; assess the progress towards developing critical
materials recycling and reprocessing technologies, and
technological alternatives to critical materials;
(2) establish a mechanism for the coordination and
evaluation of Federal programs with energy critical material
needs, including Federal programs involving research and
development, in a manner that complements related efforts
carried out by the private sector and other domestic and
international agencies and organizations;
(3) examine options for accessing and developing critical
materials through investment and trade with our allies and
partners and provide recommendations;
(4) evaluate and provide recommendations to incentivize the
development and use of advances in science and technology in
the private industry;
(5) assess the need for and make recommendations to address
the challenges the United States critical materials supply
chain workforce faces, including aging and retiring personnel
and faculty, and foreign competition for United States
talent;
(6) develop, and update as necessary, a strategic plan to
guide Federal programs and activities to enhance scientific
and technical capabilities across critical material supply
chains, including a roadmap that identifies key research and
development needs and coordinates on-going activities for
source diversification, more efficient use, recycling, and
substitution for critical materials; as well as cross-cutting
mining science, data science techniques, materials science,
manufacturing science and engineering, computational
modeling, and environmental health and safety research and
development; and
(7) assess the need for, and make recommendations
concerning, the availability and adequacy of the supply of
technically trained personnel necessary for energy critical
materials research, development, extraction, and industrial
production, with a particular focus on the problem of
attracting and maintaining high-quality professionals for
maintaining an adequate supply of energy critical materials;
and
(8) report to the appropriate Congressional committees on
activities and findings under this section.
Subtitle B--National Materials and Minerals Policy, Research, and
Development
SEC. 10141. AMENDMENTS TO NATIONAL MATERIALS AND MINERALS
POLICY, RESEARCH AND DEVELOPMENT ACT OF 1980.
(a) Program Plan.--Section 5 of the National Materials and
Minerals Policy, Research and Development Act of 1980 (30
U.S.C. 1604) is amended--
(1) by striking ``date of enactment of this Act'' each
place it appears and inserting ``date of enactment of the
Clean Economy Jobs and Innovation Act'';
(2) in subsection (b)(1), by striking ``Federal
Coordinating Council for Science, Engineering, and
Technology'' and inserting ``National Science and Technology
Council'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``the Federal Emergency'' and all that
follows through ``Agency, and''; and
(ii) by striking ``appropriate shall'' and inserting
``appropriate, shall'';
(B) by striking paragraph (1);
(C) in paragraph (2), by striking ``in the case'' and all
that follows through ``subsection,'';
(D) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively; and
(E) by amending paragraph (2), as so redesignated, to read
as follows:
``(2) assess the adequacy and stability of the supply of
materials necessary to maintain national security, economic
well-being, public health, and industrial production.'';
(4) by striking subsection (d); and
(5) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
(b) Policy.--Section 3 of the National Materials and
Minerals Policy, Research and Development Act of 1980 (30
U.S.C. 1602) is amended--
(1) by striking ``The Congress declares that it'' and
inserting ``It''; and
(2) by striking ``The Congress further declares that
implementation'' and inserting ``Implementation''.
(c) Implementation.--Section 4 of the National Materials
and Minerals Policy, Research and Development Act of 1980 (30
U.S.C. 1603) is amended, in the matter preceding paragraph
(1)--
(1) by striking ``For the purpose'' and all that follows
through ``declares that the'' and inserting ``The''; and
(2) by striking ``departments and agencies,'' and inserting
``departments and agencies to implement the policy specified
in section 3''.
SEC. 10142. CONFORMING REPEAL.
The National Critical Materials Act of 1984 (30 U.S.C. 1801
et seq.) is repealed.
TITLE XI--ENVIRONMENTAL JUSTICE
SEC. 11001. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Advisory council.--The term ``Advisory Council'' means
the National Environmental Justice Advisory Council described
in section 11009.
(3) Aggrieved person.--The term ``aggrieved person'' means
a person aggrieved by discrimination on the basis of race,
color, or national origin.
(4) Clearinghouse.--The term ``Clearinghouse'' means the
Environmental Justice Clearinghouse established by the
Administrator under section 11007.
(5) Community of color.--The term ``community of color''
means any geographically distinct area the population of
color of which is higher than the average population of color
of the State in which the community is located.
(6) Community-based science.--The term ``community-based
science'' means voluntary public participation in the
scientific process and the incorporation of data and
information generated outside of traditional institutional
boundaries to address real-world problems in ways that may
include formulating research questions, conducting scientific
experiments, collecting and analyzing data, interpreting
results, making new discoveries, developing technologies and
applications, and solving complex problems, with an emphasis
on the democratization of science and the engagement of
diverse people and communities.
(7) Demonstrates.--The term ``demonstrates'' means meets
the burdens of going forward with the evidence and of
persuasion.
(8) Director.--The term ``Director'' means the Director of
the National Institute of Environmental Health Sciences.
(9) Disparate impact.--The term ``disparate impact'' means
an action or practice that, even if appearing neutral,
actually has the effect of subjecting persons to
discrimination because of their race, color, or national
origin.
(10) Disproportionate burden of adverse human health or
environmental effects.--The term ``disproportionate burden of
adverse human health or environmental effects'' means a
situation where there exists higher or more adverse human
health or environmental effects on communities of color, low-
income communities, and Tribal and indigenous communities.
(11) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful involvement
of all individuals, regardless of race, color, culture,
national origin, educational level, or income, with respect
to the development, implementation, and enforcement of
environmental laws, regulations, and policies to ensure
that--
(A) populations of color, communities of color, Tribal and
indigenous communities, and low-income communities have
access to public information and opportunities for meaningful
public participation relating to human health and
environmental planning, regulations, and enforcement;
(B) Each population of color or community of color, Tribal
and indigenous community, or low-income community enjoy the
same degree of protection from pollution or other
environmental and health hazards; and
(C) the 17 Principles of Environmental Justice written and
adopted at the First National People of Color Environmental
Leadership Summit held on October 24 through 27, 1991, in
Washington, DC, are upheld.
(12) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low-
income communities, or Tribal and indigenous communities,
that experiences, or is at risk of experiencing higher or
more adverse human health or environmental effects.
(13) Fair treatment.--The term ``fair treatment'' means the
conduct of a program, policy, practice or activity by a
Federal agency in a manner that ensures that no group of
individuals (including racial, ethnic, or socioeconomic
groups) experience a disproportionate burden of adverse human
health or environmental effects resulting from such program,
policy, practice, or activity, as determined through
consultation with, and with the meaningful participation of,
individuals from the communities affected by a program,
policy, practice or activity of a Federal agency.
(14) Federal agency.--The term ``Federal agency'' means--
(A) each Federal agency represented on the Working Group;
and
(B) any other Federal agency that carries out a Federal
program or activity that substantially affects human health
or the environment, as determined by the President.
(15) Tribal and indigenous community.--The term ``Tribal
and indigenous community'' refers to a population of people
who are members of--
(A) a federally recognized Indian Tribe;
(B) a State-recognized Indian Tribe;
(C) an Alaska Native or Native Hawaiian community or
organization; and
(D) any other community of indigenous people located in a
State.
(16) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(17) Infrastructure.--The term ``infrastructure'' means any
system for safe drinking water, sewer collection, solid waste
disposal, electricity generation, communication, or
transportation access (including highways, airports, marine
terminals, rail systems, and residential roads) that is used
to effectively and safely support--
(A) housing;
(B) an educational facility;
(C) a medical provider;
(D) a park or recreational facility; or
(E) a local business.
(18) Local government.--The term ``local government''
means--
(A) a county, municipality, city, town, township, local
public authority, school district, special district,
intrastate district, council of governments (regardless of
whether the council of governments is incorporated as a
nonprofit corporation under State law), regional or
interstate governmental entity, or agency or instrumentality
of a local government; or
[[Page H4850]]
(B) an Indian Tribe or authorized Tribal organization, or
Alaska Native village or organization, that is not a Tribal
Government.
(19) Low income.--The term ``low income'' means an annual
household income equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median income of
the area in which the household is located, as reported by
the Department of Housing and Urban Development; and
(B) 200 percent of the Federal poverty line.
(20) Low-income community.--The term ``low income
community'' means any census block group in which 30 percent
or more of the population are individuals with low income.
(21) Meaningful.--The term ``meaningful'', with respect to
involvement by the public in a determination by a Federal
agency, means that--
(A) potentially affected residents of a community have an
appropriate opportunity to participate in decisions regarding
a proposed activity that will affect the environment or
public health of the community;
(B) the public contribution can influence the determination
by the Federal agency;
(C) the concerns of all participants involved are taken
into consideration in the decision-making process; and
(D) the Federal agency--
(i) provides to potentially affected members of the public
relevant and accurate information regarding the activity
potentially affecting the environment or public health of
affected members of the public; and
(ii) facilitates the involvement of potentially affected
members of the public.
(22) Population.--The term ``population'' means a census
block group or series of geographically contiguous blocks
representing certain common characteristics, such as (but not
limited to) race, ethnicity, national origin, income-level,
health disparities, or other public health and socioeconomic
attributes.
(23) Population of color.--The term ``population of color''
means a population of individuals who identify as--
(A) Black;
(B) African American;
(C) Asian;
(D) Pacific Islander;
(E) another non-White race;
(F) Hispanic;
(G) Latino; or
(H) linguistically isolated.
(24) Publish.--The term ``publish'' means to make publicly
available in a form that is--
(A) generally accessible, including on the internet and in
public libraries; and
(B) accessible for--
(i) individuals who are limited in English proficiency, in
accordance with Executive Order 13166 (65 Fed. Reg. 50121
(August 16, 2000)); and
(ii) individuals with disabilities.
(25) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands.
(26) Tribal government.--The term ``Tribal Government''
means the governing body of an Indian Tribe.
(27) Working group.--The term ``Working Group'' means the
interagency Federal Working Group on Environmental Justice
convened under section 1-102 of Executive Order 12898 (42
U.S.C. 4321 note), as amended by Executive Order 12948 (60
Fed. Reg. 6381 (January 30, 1995)) and modified by this
title.
SEC. 11002. ENVIRONMENTAL JUSTICE COMMUNITY TECHNICAL
ASSISTANCE GRANTS.
(a) In General.--The Administrator may award grants to
eligible entities to enable such entities to participate in
decisions impacting the health and safety of their
communities in connection with an actual or potential release
of a covered hazardous air pollutant.
(b) Timing.--
(1) Guidance.--Not later than 12 months after the date of
enactment of this section, the Administrator shall publish
guidance describing the process for eligible entities to
apply for a grant under this section, including the required
content and form of applications, the manner in which
applications must be submitted, and any applicable deadlines.
(2) First grant.--Not later than 180 days after the
issuance of guidance under paragraph (1), the Administrator
shall award the first grant under this section.
(c) Eligible Entity.--To be eligible for a grant under this
section, an applicant shall be a group of individuals who
reside in a community that--
(1) is a population of color, a community of color, a
Tribal and indigenous community, or a low-income community;
and
(2) is in close proximity to the site of an actual or
potential release of a covered hazardous air pollutant.
(d) Use of Funds.--An eligible entity receiving a grant
under this section shall use the grant to participate in
decisions impacting the health and safety of the community
involved in connection with an actual or potential release of
a covered hazardous air pollutant, including--
(1) interpreting information with regard to the nature of
the hazard, cumulative impacts studies, health impacts
studies, remedial investigation and feasibility studies,
agency decisions, remedial design, and operation and
maintenance of necessary monitors; and
(2) performing additional air pollution monitoring.
(e) Limitations on Amount; Renewal.--
(1) Amount.--
(A) In general.--The amount of a grant under this section
(excluding any renewals of the grant) may not exceed $50,000
for any grant recipient.
(B) Exception.--The Administrator may waive the limitation
in subparagraph (A) with respect to an applicant in any case
where the Administrator determines that such waiver is
necessary for the community involved to obtain the necessary
technical assistance.
(2) Renewal.--Grants may be renewed for each step in the
regulatory, removal, or remediation process in connection
with a facility with the potential to release a covered
hazardous air pollutant.
(f) Definition of Covered Hazardous Air Pollutant.--In this
section, the term ``covered hazardous air pollutant'' means a
hazardous air pollutant (as defined in section 112 of the
Clean Air Act) that--
(1) is listed on the toxics release inventory under section
313(c) of the Emergency Planning and Community Right-To-Know
Act of 1986; or
(2) is identified as carcinogenic by an assessment under
the Integrated Risk Information System (IRIS) of the
Environmental Protection Agency.
SEC. 11003. INTERAGENCY FEDERAL WORKING GROUP ON
ENVIRONMENTAL JUSTICE.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall convene, as
appropriate to carry out this section, the Working Group.
(b) Requirements.--
(1) Composition.--The Working Group shall be comprised of
the following (or a designee):
(A) The Secretary of Agriculture.
(B) The Secretary of Commerce.
(C) The Secretary of Defense.
(D) The Secretary of Energy.
(E) The Secretary of Health and Human Services.
(F) The Secretary of Homeland Security.
(G) The Secretary of Housing and Urban Development.
(H) The Secretary of the Interior.
(I) The Secretary of Labor.
(J) The Secretary of Transportation.
(K) The Attorney General.
(L) The Administrator.
(M) The Director of the Office of Environmental Justice.
(N) The Chairman of the Consumer Product Safety Commission.
(O) The Chairperson of the Chemical Safety Board.
(P) The Director of the Office of Management and Budget.
(Q) The Director of the Office of Science and Technology
Policy.
(R) The Chair of the Council on Environmental Quality.
(S) The Assistant to the President for Domestic Policy.
(T) The Director of the National Economic Council.
(U) The Chairman of the Council of Economic Advisers.
(V) The Secretary of Education.
(W) The Deputy Assistant to the President for Environmental
Policy.
(X) The Director of the National Institutes of Health.
(Y) The Director of the National Park Service.
(Z) The Assistant Secretary of the Bureau of Indian
Affairs.
(AA) The Chairperson of the National Environmental Justice
Advisory Council.
(BB) Such other Federal officials as the President may
designate.
(2) Functions.--The Working Group shall--
(A) report to the President through the Chair of the
Council on Environmental Quality;
(B) provide guidance to Federal agencies regarding criteria
for identifying disproportionately high and adverse human
health or environmental effects--
(i) on populations of color, communities of color, Tribal
and indigenous communities, and low-income communities; and
(ii) on the basis of race, color, national origin, or
income;
(C) coordinate with, provide guidance to, and serve as a
clearinghouse for, each Federal agency with respect to the
implementation and updating of an environmental justice
strategy required under this title, in order to ensure that
the administration, interpretation, and enforcement of
programs, activities, and policies are carried out in a
consistent manner;
(D) assist in coordinating research by, and stimulating
cooperation among, the Environmental Protection Agency, the
Department of Health and Human Services, the Department of
Housing and Urban Development, and other Federal agencies
conducting research or other activities in accordance with
this title;
(E) identify, based in part on public recommendations
contained in Federal agency progress reports, important areas
for Federal agencies to take into consideration and address,
as appropriate, in environmental justice strategies and other
efforts;
(F) assist in coordinating data collection and maintaining
and updating appropriate databases, as required by this
title;
(G) examine existing data and studies relating to
environmental justice;
(H) hold public meetings and otherwise solicit public
participation under paragraph (3); and
(I) develop interagency model projects relating to
environmental justice that demonstrate cooperation among
Federal agencies.
(3) Public participation.--The Working Group shall--
(A) hold public meetings or otherwise solicit public
participation and community-based science for the purpose of
fact-finding with respect to the implementation of this
title; and
(B) prepare for public review and publish a summary of any
comments and recommendations provided.
(c) Judicial Review and Rights of Action.--Any person may
commence a civil action--
(1) to seek relief from, or to compel, an agency action
under this section (including regulations promulgated
pursuant to this section); or
[[Page H4851]]
(2) otherwise to ensure compliance with this section
(including regulations promulgated pursuant to this section).
SEC. 11004. FEDERAL AGENCY ACTIONS TO ADDRESS ENVIRONMENTAL
JUSTICE.
(a) Federal Agency Responsibilities.--
(1) Environmental justice mission.--To the maximum extent
practicable and permitted by applicable law, each Federal
agency shall make achieving environmental justice part of the
mission of the Federal agency by identifying, addressing, and
mitigating disproportionately high and adverse human health
or environmental effects of the programs, policies, and
activities of the Federal agency on populations of color,
communities of color, Tribal and indigenous communities, and
low-income communities in the United States (including the
territories and possessions of the United States and the
District of Columbia).
(2) Nondiscrimination.--Each Federal agency shall conduct
any program, policy, or activity that substantially affects
human health or the environment in a manner that ensures that
the program, policy, or activity does not have the effect of
excluding any individual or group from participation in,
denying any individual or group the benefits of, or
subjecting any individual or group to discrimination under,
the program, policy, or activity because of race, color, or
national origin.
(3) Strategies.--
(A) Agencywide strategies.--Each Federal agency shall
implement and update, not less frequently than annually, an
agencywide environmental justice strategy that identifies and
includes strategies to address disproportionally high and
adverse human health or environmental effects of the
programs, policies, spending, and other activities of the
Federal agency with respect to populations of color,
communities of color, Tribal and indigenous communities, and
low-income communities, including, as appropriate for the
mission of the Federal agency, with respect to the following
areas:
(i) Implementation of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(ii) Implementation of title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.) (including regulations
promulgated pursuant to that title).
(iii) Implementation of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(iv) Impacts from the lack of infrastructure, or from
deteriorated infrastructure.
(v) Impacts from land use.
(vi) Impacts from climate change.
(vii) Impacts from commercial transportation.
(viii) Strategies for the implementation of agency
programs, policies, and activities to provide for--
(I) equal protection from environmental and health hazards
for populations of color, communities of color, Tribal and
indigenous communities, and low-income communities;
(II) equal opportunity for public involvement and due
process to populations of color, communities of color, Tribal
and indigenous communities, and low-income communities in the
development, implementation, and enforcement of agency
programs, policies, and activities;
(III) improved technical assistance and access to
information to populations of color, communities of color,
Tribal and indigenous communities, and low-income communities
regarding the impacts of agency programs, policies, and
activities on environmental justice communities;
(IV) improved agency cooperation with State governments,
Tribal Governments, and local governments to address
pollution and public health burdens for populations of color,
communities of color, Tribal and indigenous communities, and
low-income communities.
(B) Revisions.--
(i) In general.--Each strategy developed and updated
pursuant to subparagraph (A) shall identify programs,
policies, planning and public participation processes,
rulemaking, agency spending, and enforcement activities
relating to human health or the environment that may be
revised, at a minimum--
(I) to promote enforcement of all health, environmental,
and civil rights laws and regulations in areas containing
populations of color, communities of color, Tribal and
indigenous communities, and low-income communities;
(II) to ensure greater public participation;
(III) to provide increased access to infrastructure;
(IV) to improve research and data collection relating to
the health and environment of populations of color,
communities of color, Tribal and indigenous communities, and
low-income communities, including through the increased use
of community-based science; and
(V) to identify differential patterns of use of natural
resources among populations of color, communities of color,
Tribal and indigenous communities, and low-income
communities.
(ii) Timetables.--Each strategy implemented and updated
pursuant to subparagraph (A) shall include a timetable for
undertaking revisions identified pursuant to clause (i).
(C) Progress reports.--Not later than 1 year after the date
of enactment of this Act, and not less frequently than once
every 5 years thereafter, each Federal agency shall submit to
Congress and the Working Group, and shall publish, a progress
report that includes, with respect to the period covered by
the report--
(i) a description of the current environmental justice
strategy of the Federal agency;
(ii) an evaluation of the progress made by the Federal
agency at national and regional levels regarding
implementation of the environmental justice strategy,
including--
(I) metrics used by the Federal agency to measure
performance; and
(II) the progress made by the Federal agency toward--
(aa) the achievement of the metrics described in subclause
(I); and
(bb) mitigating identified instances of environmental
injustice;
(iii) a description of the participation by the Federal
agency in interagency collaboration;
(iv) responses to recommendations submitted by members of
the public to the Federal agency relating to the
environmental justice strategy of the Federal agency and the
implementation by the Federal agency of this title; and
(v) any updates or revisions to the environmental justice
strategy of the Federal agency, including those resulting
from public comments.
(4) Public participation.--Each Federal agency shall--
(A) ensure that meaningful opportunities exist for the
public to submit comments and recommendations relating to the
environmental justice strategy, progress reports, and ongoing
efforts of the Federal agency to incorporate environmental
justice principles into the programs, policies, and
activities of the Federal agency;
(B) hold public meetings or otherwise solicit public
participation and community-based science from populations of
color, communities of color, Tribal and indigenous
communities, and low-income communities for fact-finding,
receiving public comments, and conducting inquiries
concerning environmental justice; and
(C) prepare for public review and publish a summary of the
comments and recommendations provided.
(5) Access to information.--Each Federal agency shall--
(A) publish public documents, notices, and hearings
relating to the programs, policies, and activities of the
Federal agency that affect human health or the environment;
and
(B) translate and publish any public documents, notices,
and hearings relating to an action of the Federal agency as
appropriate for the affected population, specifically in any
case in which a limited English-speaking population may be
disproportionately affected by that action.
(6) Codification of guidance.--
(A) Council on environmental quality.--Notwithstanding any
other provision of law, sections II and III of the guidance
issued by the Council on Environmental Quality entitled
``Environmental Justice Guidance Under the National
Environmental Policy Act'' and dated December 10, 1997, are
enacted into law.
(B) Environmental protection agency.--Notwithstanding any
other provision of law, the guidance issued by the
Environmental Protection Agency entitled ``EPA Policy on
Consultation and Coordination with Indian Tribes: Guidance
for Discussing Tribal Treaty Rights'' and dated February 2016
is enacted into law.
(b) Human Health and Environmental Research, Data
Collection, and Analysis.--
(1) Research.--Each Federal agency, to the maximum extent
practicable and permitted by applicable law, shall--
(A) in conducting environmental or human health research,
include diverse segments of the population in epidemiological
and clinical studies, including segments at high risk from
environmental hazards, such as--
(i) populations of color, communities of color, Tribal and
indigenous communities, populations with low income, and low-
income communities;
(ii) fenceline communities; and
(iii) workers who may be exposed to substantial
environmental hazards;
(B) in conducting environmental or human health analyses,
identify multiple and cumulative exposures; and
(C) actively encourage and solicit community-based science,
and provide to populations of color, communities of color,
Tribal and indigenous communities, populations with low
income, and low income communities the opportunity to comment
regarding the development and design of research strategies
carried out pursuant to this title.
(2) Disproportionate impact.--To the maximum extent
practicable and permitted by applicable law (including
section 552a of title 5, United States Code (commonly known
as the Privacy Act)), each Federal agency shall--
(A) collect, maintain, and analyze information assessing
and comparing environmental and human health risks borne by
populations identified by race, national origin, or income;
and
(B) use that information to determine whether the programs,
policies, and activities of the Federal agency have
disproportionally high and adverse human health or
environmental effects on populations of color, communities of
color, Tribal and indigenous communities, and low-income
communities.
(3) Information relating to non-federal facilities.--In
connection with the implementation of Federal agency
strategies under subsection (a)(3), each Federal agency, to
the maximum extent practicable and permitted by applicable
law, shall collect, maintain, and analyze information
relating to the race, national origin, and income level, and
other readily accessible and appropriate information, for
fenceline communities in proximity to any facility or site
expected to have a substantial environmental, human health,
or economic effect on the surrounding populations, if the
facility or site becomes the subject of a substantial Federal
environmental administrative or judicial action.
(4) Impact from federal facilities.--Each Federal agency,
to the maximum extent practicable and permitted by applicable
law, shall collect, maintain, and analyze information
relating to the race, national origin, and income level, and
other readily accessible and appropriate information, for
fenceline communities in proximity to any facility of the
Federal agency that is--
(A) subject to the reporting requirements under the
Emergency Planning and Community Right-To-Know Act of 1986
(42 U.S.C. 11001 et
[[Page H4852]]
seq.), as required by Executive Order 12898 (42 U.S.C. 4321
note); and
(B) expected to have a substantial environmental, human
health, or economic effect on surrounding populations.
(c) Consumption of Fish and Wildlife.--
(1) In general.--Each Federal agency shall develop, publish
(unless prohibited by law), and revise, as practicable and
appropriate, guidance on actions of the Federal agency that
will impact fish and wildlife consumed by populations that
principally rely on fish or wildlife for subsistence.
(2) Requirement.--The guidance described in paragraph (1)
shall--
(A) reflect the latest scientific information available
concerning methods for evaluating the human health risks
associated with the consumption of pollutant-bearing fish or
wildlife; and
(B) publish the risks of such consumption patterns.
(d) Mapping and Screening Tool.--The Administrator shall
continue to make available to the public an environmental
justice mapping and screening tool (such as EJScreen or an
equivalent tool) that includes, at a minimum, the following
features:
(1) Nationally consistent data.
(2) Environmental data.
(3) Demographic data, including data relating to race,
ethnicity, and income.
(4) Capacity to produce maps and reports by geographical
area.
(5) Data on national parks and other federally protected
natural, historic, and cultural sites.
(e) Judicial Review and Rights of Action.--Any person may
commence a civil action--
(1) to seek relief from, or to compel, an agency action
under this section (including regulations promulgated
pursuant to this section); or
(2) otherwise to ensure compliance with this section
(including regulations promulgated pursuant to this section).
(f) Information Sharing.--In carrying out this section,
each Federal agency, to the maximum extent practicable and
permitted by applicable law, shall share information and
eliminate unnecessary duplication of efforts through the use
of existing data systems and cooperative agreements among
Federal agencies and with State, local, and Tribal
Governments.
SEC. 11005. TRAINING OF EMPLOYEES OF FEDERAL AGENCIES.
(a) Initial Training.--Not later than 1 year after the date
of enactment of this Act, each employee of the Department of
Energy, the Environmental Protection Agency, the Department
of the Interior, and the National Oceanic and Atmospheric
Administration shall complete an environmental justice
training program to ensure that each such employee--
(1) has received training in environmental justice; and
(2) is capable of--
(A) appropriately incorporating environmental justice
concepts into the daily activities of the employee; and
(B) increasing the meaningful participation of individuals
from environmental justice communities in the activities of
the applicable agency.
(b) Mandatory Participation.--Effective on the date that is
1 year after the date of enactment of this Act, each
individual hired by the Department of Energy, the
Environmental Protection Agency, the Department of the
Interior, and the National Oceanic and Atmospheric
Administration after that date shall be required to
participate in environmental justice training.
(c) Requirement Relating to Certain Employees.--
(1) In general.--With respect to each Federal agency that
participates in the Working Group, not later than 30 days
after the date on which an individual is appointed to the
position of environmental justice coordinator, or any other
position the responsibility of which involves the conduct of
environmental justice activities, the individual shall be
required to possess documentation of the completion by the
individual of environmental justice training.
(2) Evaluation.--Not later than 3 years after the date of
enactment of this Act, the Inspector General of each Federal
agency that participates in the Working Group shall evaluate
the training programs of such Federal agency to determine if
such Federal agency has improved the rate of training of the
employees of such Federal agency to ensure that each employee
has received environmental justice training.
SEC. 11006. ENVIRONMENTAL JUSTICE BASIC TRAINING PROGRAM.
(a) Establishment.--The Administrator shall establish a
basic training program, in coordination and consultation with
nongovernmental environmental justice organizations, to
increase the capacity of residents of environmental justice
communities to identify and address disproportionately
adverse human health or environmental effects by providing
culturally and linguistically appropriate--
(1) training and education relating to--
(A) basic and advanced techniques for the detection,
assessment, and evaluation of the effects of hazardous
substances on human health;
(B) methods to assess the risks to human health presented
by hazardous substances;
(C) methods and technologies to detect hazardous substances
in the environment;
(D) basic biological, chemical, and physical methods to
reduce the quantity and toxicity of hazardous substances;
(E) the rights and safeguards currently afforded to
individuals through policies and laws intended to help
environmental justice communities address disparate impacts
and discrimination, including--
(i) laws adopted to protect human health and the
environment; and
(ii) section 602 of the Civil Rights Act of 1964 (42 U.S.C.
2000d-1);
(F) public engagement opportunities through the policies
and laws described in subparagraph (E);
(G) materials available on the Clearinghouse described in
section 11007;
(H) methods to expand access to parks and other natural and
recreational amenities; and
(I) finding and applying for Federal grants related to
environmental justice; and
(2) short courses and continuation education programs for
residents of communities who are located in close proximity
to hazardous substances to provide--
(A) education relating to--
(i) the proper manner to handle hazardous substances;
(ii) the management of facilities at which hazardous
substances are located (including facility compliance
protocols); and
(iii) the evaluation of the hazards that facilities
described in clause (ii) pose to human health; and
(B) training on environmental and occupational health and
safety with respect to the public health and engineering
aspects of hazardous waste control.
(b) Grant Program.--
(1) Establishment.--In carrying out the basic training
program established under subsection (a), the Administrator
may provide grants to, or enter into any contract or
cooperative agreement with, an eligible entity to carry out
any training or educational activity described in subsection
(a).
(2) Eligible entity.--To be eligible to receive assistance
under paragraph (1), an eligible entity shall be an
accredited institution of education in partnership with--
(A) a community-based organization that carries out
activities relating to environmental justice;
(B) a generator of hazardous waste;
(C) any individual who is involved in the detection,
assessment, evaluation, or treatment of hazardous waste;
(D) any owner or operator of a facility at which hazardous
substances are located; or
(E) any State government, Tribal Government, or local
government.
(c) Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator, in consultation
with the Director, shall develop and publish in the Federal
Register a plan to carry out the basic training program
established under subsection (a).
(2) Contents.--The plan described in paragraph (1) shall
contain--
(A) a list that describes the relative priority of each
activity described in subsection (a); and
(B) a description of research and training relevant to
environmental justice issues of communities adversely
affected by pollution.
(3) Coordination with federal agencies.--The Administrator
shall, to the maximum extent practicable, take appropriate
steps to coordinate the activities of the basic training
program described in the plan with the activities of other
Federal agencies to avoid any duplication of effort.
(d) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter, the
Administrator shall submit to the Committees on Energy and
Commerce and Natural Resources of the House of Representative
and the Committees on Environment and Public Works and Energy
and Natural Resources of the Senate a report describing--
(A) the implementation of the basic training program
established under subsection (a); and
(B) the impact of the basic training program on improving
training opportunities for residents of environmental justice
communities.
(2) Public availability.--The Administrator shall make the
report required under paragraph (1) available to the public
(including by posting a copy of the report on the website of
the Environmental Protection Agency).
(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.
SEC. 11007. ENVIRONMENTAL JUSTICE CLEARINGHOUSE.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish a
public internet-based clearinghouse, to be known as the
Environmental Justice Clearinghouse.
(b) Contents.--The Clearinghouse shall be comprised of
culturally and linguistically appropriate materials related
to environmental justice, including--
(1) information describing the activities conducted by the
Environmental Protection Agency to address issues relating to
environmental justice;
(2) copies of training materials provided by the
Administrator to help individuals and employees understand
and carry out environmental justice activities;
(3) links to web pages that describe environmental justice
activities of other Federal agencies;
(4) a directory of individuals who possess technical
expertise in issues relating to environmental justice;
(5) a directory of nonprofit and community-based
organizations, including grassroots organizations led by
people of color, that address issues relating to
environmental justice at the local, State, and Federal levels
(with particular emphasis given to nonprofit and community-
based organizations that possess the capability to provide
advice or technical assistance to environmental justice
communities); and
(6) any other appropriate information as determined by the
Administrator, including information on any resources
available to help address the disproportionate burden of
adverse human health or environmental effects on
environmental justice communities.
[[Page H4853]]
(c) Consultation.--In developing the Clearinghouse, the
Administrator shall consult with individuals representing
academic and community-based organizations who have expertise
in issues relating to environmental justice.
(d) Annual Review.--The Advisory Council shall--
(1) conduct a review of the Clearinghouse on an annual
basis; and
(2) recommend to the Administrator any updates for the
Clearinghouse that the Advisory Council determines to be
necessary for the effective operation of the Clearinghouse.
SEC. 11008. PUBLIC MEETINGS.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, and biennially thereafter, the
Administrator shall hold public meetings on environmental
justice issues in each region of the Environmental Protection
Agency to gather public input with respect to the
implementation and updating of environmental justice
strategies and efforts of the Environmental Protection
Agency.
(b) Outreach to Environmental Justice Communities.--The
Administrator, in advance of the meetings described in
subsection (a), shall to the extent practicable hold multiple
meetings in environmental justice communities in each region
to provide meaningful community involvement opportunities.
(c) Notice.--Notice for the meetings described in
subsections (a) and (b) shall be provided--
(1) to applicable representative entities or organizations
present in the environmental justice community including--
(A) local religious organizations;
(B) civic associations and organizations;
(C) business associations of people of color;
(D) environmental and environmental justice organizations;
(E) homeowners', tenants', and neighborhood watch groups;
(F) local and Tribal Governments;
(G) rural cooperatives;
(H) business and trade organizations;
(I) community and social service organizations;
(J) universities, colleges, and vocational schools;
(K) labor organizations;
(L) civil rights organizations;
(M) senior citizens' groups; and
(N) public health agencies and clinics;
(2) through communication methods that are accessible in
the applicable environmental justice community, which may
include electronic media, newspapers, radio, and other media
particularly targeted at communities of color, low-income
communities, and Tribal and indigenous communities; and
(3) at least 30 days before any such meeting.
(d) Communication Methods and Requirements.--The
Administrator shall--
(1) provide translations of any documents made available to
the public pursuant to this section in any language spoken by
more than 5 percent of the population residing within the
applicable environmental justice community, and make
available translation services for meetings upon request; and
(2) not require members of the public to produce a form of
identification or register their names, provide other
information, complete a questionnaire, or otherwise fulfill
any condition precedent to attending a meeting, but if an
attendance list, register, questionnaire, or other similar
document is utilized during meetings, it shall state clearly
that the signing, registering, or completion of the document
is voluntary.
(e) Required Attendance of Certain Employees.--In holding a
public meeting under subsection (a), the Administrator shall
ensure that at least 1 employee of the Environmental
Protection Agency at the level of Assistant Administrator is
present at the meeting to serve as a representative of the
Environmental Protection Agency.
SEC. 11009. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL.
(a) Establishment.--The President shall establish an
advisory council, to be known as the National Environmental
Justice Advisory Council.
(b) Membership.--The Advisory Council shall be comprised of
26 members who have knowledge of, or experience relating to,
the effect of environmental conditions on communities of
color, low-income communities, and Tribal and indigenous
communities, including--
(1) representatives of--
(A) community-based organizations that carry out
initiatives relating to environmental justice, including
grassroots organizations led by people of color;
(B) State governments, Tribal Governments, and local
governments;
(C) Indian Tribes and other indigenous groups;
(D) nongovernmental and environmental organizations; and
(E) private sector organizations (including representatives
of industries and businesses); and
(2) experts in the fields of--
(A) socioeconomic analysis;
(B) health and environmental effects;
(C) exposure evaluation;
(D) environmental law and civil rights law; and
(E) environmental health science research.
(c) Subcommittees; Workgroups.--
(1) Establishment.--The Advisory Council may establish any
subcommittee or workgroup to assist the Advisory Council in
carrying out any duty of the Advisory Council described in
subsection (d).
(2) Report.--Upon the request of the Advisory Council, each
subcommittee or workgroup established by the Advisory Council
under paragraph (1) shall submit to the Advisory Council a
report that contains--
(A) a description of each recommendation of the
subcommittee or workgroup; and
(B) any advice requested by the Advisory Council with
respect to any duty of the Advisory Council.
(d) Duties.--The Advisory Council shall provide independent
advice and recommendations to the Environmental Protection
Agency with respect to issues relating to environmental
justice, including advice--
(1) to help develop, facilitate, and conduct reviews of the
direction, criteria, scope, and adequacy of the scientific
research and demonstration projects of the Environmental
Protection Agency relating to environmental justice;
(2) to improve participation, cooperation, and
communication with respect to such issues--
(A) within the Environmental Protection Agency;
(B) between, and among, the Environmental Protection Agency
and Federal agencies, State and local governments, Indian
Tribes, environmental justice leaders, interest groups, and
the public;
(3) requested by the Administrator to help improve the
response of the Environmental Protection Agency in securing
environmental justice for communities of color, low-income
communities, and Tribal and indigenous communities; and
(4) on issues relating to--
(A) the developmental framework of the Environmental
Protection Agency with respect to the integration by the
Environmental Protection Agency of socioeconomic programs
into the strategic planning, annual planning, and management
accountability of the Environmental Protection Agency to
achieve environmental justice results throughout the
Environmental Protection Agency;
(B) the measurement and evaluation of the progress,
quality, and adequacy of the Environmental Protection Agency
in planning, developing, and implementing environmental
justice strategies, project, and programs;
(C) any existing and future information management systems,
technologies, and data collection activities of the
Environmental Protection Agency (including recommendations to
conduct analyses that support and strengthen environmental
justice programs in administrative and scientific areas);
(D) the administration of grant programs relating to
environmental justice assistance; and
(E) education, training, and other outreach activities
conducted by the Environmental Protection Agency relating to
environmental justice.
(e) Designated Federal Officer.--The Director of the Office
of Environmental Justice of the Environmental Protection
Agency is designated as the Federal officer required under
section 10(e) of the Federal Advisory Committee Act (5 U.S.C.
App.) for the Advisory Council.
(f) Meetings.--
(1) In general.--The Advisory Council shall meet not less
frequently than 3 times each calendar year.
(2) Open to public.--Each meeting of the Advisory Council
shall be held open to the public.
(3) Duties of designated federal officer.--The designated
Federal officer described in subsection (e) (or a designee)
shall--
(A) be present at each meeting of the Advisory Council;
(B) ensure that each meeting is conducted in accordance
with an agenda approved in advance by the designated Federal
officer;
(C) provide an opportunity for interested persons--
(i) to file comments before or after each meeting of the
Advisory Council; or
(ii) to make statements at such a meeting, to the extent
that time permits;
(D) ensure that a representative of the Working Group and a
high-level representative from each regional office of the
Environmental Protection Agency are invited to, and
encouraged to attend, each meeting of the Advisory Council;
and
(E) provide technical assistance to States seeking to
establish State-level environmental justice advisory councils
or implement other environmental justice policies or
programs.
(g) Responses From Administrator.--
(1) Public comment inquiries.--The Administrator shall
provide a written response to each inquiry submitted to the
Administrator by a member of the public before or after each
meeting of the Advisory Council by not later than 120 days
after the date of submission.
(2) Recommendations from advisory council.--The
Administrator shall provide a written response to each
recommendation submitted to the Administrator by the Advisory
Council by not later than 120 days after the date of
submission.
(h) Travel Expenses.--A member of the Advisory Council may
be allowed travel expenses, including per diem in lieu of
subsistence, at such rate as the Administrator determines to
be appropriate while away from the home or regular place of
business of the member in the performance of the duties of
the Advisory Council.
(i) Duration.--The Advisory Council shall remain in
existence unless otherwise provided by law.
SEC. 11010. ENVIRONMENTAL JUSTICE GRANT PROGRAMS.
(a) In General.--The Administrator shall continue to carry
out the Environmental Justice Small Grants Program and the
Environmental Justice Collaborative Problem-Solving
Cooperative Agreement Program, as those programs are in
existence on the date of enactment of this Act.
(b) Care Grants.--The Administrator shall continue to carry
out the Community Action for a Renewed Environment grant
programs I and II, as in existence on January 1, 2012.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the programs described in
subsections (a)
[[Page H4854]]
and (b) $10,000,000 for each of fiscal years 2021 through
2030.
SEC. 11011. ENVIRONMENTAL JUSTICE COMMUNITY SOLID WASTE
DISPOSAL TECHNICAL ASSISTANCE GRANTS.
(a) In General.--The Administrator may award grants to
eligible entities to enable such entities to participate in
decisions impacting the health and safety of their
communities relating to the permitting or permit renewal of a
solid waste disposal facility or hazardous waste facility.
(b) Timing.--
(1) Guidance.--Not later than 12 months after the date of
enactment of this section, the Administrator shall publish
guidance describing the process for eligible entities to
apply for a grant under this section, including the required
content and form of applications, the manner in which
applications must be submitted, and any applicable deadlines.
(2) First grant.--Not later than 180 days after the
issuance of guidance under paragraph (1), the Administrator
shall award the first grant under this section.
(c) Eligible Entity.--To be eligible for a grant under this
section, an applicant shall be a group of individuals who
reside in a community that--
(1) is a population of color, a community of color, a
Tribal and indigenous community, or a low-income community;
and
(2) is in close proximity to a facility described in
subsection (a) for which a decision relating to a permit or
permit renewal for such facility is required.
(d) Use of Funds.--An eligible entity receiving a grant
under this section shall use the grant to participate in
decisions impacting the health and safety of the community
involved that are related to the permitting or permit renewal
of a solid waste disposal facility or hazardous waste
facility, including--
(1) interpreting information with regard to--
(A) cumulative impacts studies;
(B) health impacts studies;
(C) relevant agency decisions; and
(D) operation and maintenance of necessary monitors; and
(2) performing environmental monitoring.
(e) Limitations on Amount; Renewal.--
(1) Amount.--
(A) In general.--The amount of a grant under this section
(excluding any renewals of the grant) may not exceed $50,000
for any grant recipient.
(B) Exception.--The Administrator may waive the limitation
in subparagraph (A) with respect to an applicant in any case
where the Administrator determines that such waiver is
necessary for the community involved to obtain the necessary
technical assistance.
(2) Renewal.--Grants may be renewed for each step in the
process for the permitting or permit renewal of a solid waste
disposal facility or hazardous waste facility.
SEC. 11012. ENVIRONMENTAL JUSTICE COMMUNITY, STATE, AND
TRIBAL GRANT PROGRAMS.
(a) Environmental Justice Community Grant Program.--
(1) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
eligible entities to assist the eligible entities in--
(A) building capacity to address issues relating to
environmental justice; and
(B) carrying out any activity described in paragraph (4).
(2) Eligibility.--To be eligible to receive a grant under
paragraph (1), an eligible entity shall be a nonprofit,
community-based organization that conducts activities,
including providing medical and preventive health services,
to reduce the disproportionate health impacts of
environmental pollution in the environmental justice
community at which the eligible entity proposes to conduct an
activity that is the subject of the application described in
paragraph (3).
(3) Application.--To be eligible to receive a grant under
paragraph (1), an eligible entity shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require, including--
(A) an outline describing the means by which the project
proposed by the eligible entity will--
(i) with respect to environmental and public health issues
at the local level, increase the understanding of the
environmental justice community at which the eligible entity
will conduct the project;
(ii) improve the ability of the environmental justice
community to address each issue described in clause (i);
(iii) facilitate collaboration and cooperation among
various stakeholders (including members of the environmental
justice community); and
(iv) support the ability of the environmental justice
community to proactively plan and implement just sustainable
community development and revitalization initiatives,
including countering displacement and gentrification;
(B) a proposed budget for each activity of the project that
is the subject of the application;
(C) a list of proposed outcomes with respect to the
proposed project;
(D) a description of the ways by which the eligible entity
may leverage the funds of the eligible entity, or the funds
made available through a grant under this subsection, to
develop a project that is capable of being sustained beyond
the period of the grant; and
(E) a description of the ways by which the eligible entity
is linked to, and representative of, the environmental
justice community at which the eligible entity will conduct
the project.
(4) Use of funds.--An eligible entity may only use a grant
under this subsection to carry out culturally and
linguistically appropriate projects and activities that are
driven by the needs, opportunities, and priorities of the
environmental justice community at which the eligible entity
proposes to conduct the project or activity to address
environmental justice concerns and improve the health or
environment of the environmental justice community, including
activities--
(A) to create or develop collaborative partnerships;
(B) to educate and provide outreach services to the
environmental justice community;
(C) to identify and implement projects to address
environmental or public health concerns; or
(D) to develop a comprehensive understanding of
environmental or public health issues.
(5) Report.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Administrator shall submit to the Committees on Energy and
Commerce and Natural Resources of the House of
Representatives and the Committees on Environment and Public
Works and Energy and Natural Resources of the Senate a report
describing the ways by which the grant program under this
subsection has helped community-based nonprofit organizations
address issues relating to environmental justice.
(B) Public availability.--The Administrator shall make each
report required under subparagraph (A) available to the
public (including by posting a copy of the report on the
website of the Environmental Protection Agency).
(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $25,000,000
for each of fiscal years 2021 through 2025.
(b) State Grant Program.--
(1) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
States to enable the States--
(A) to establish culturally and linguistically appropriate
protocols, activities, and mechanisms for addressing issues
relating to environmental justice; and
(B) to carry out culturally and linguistically appropriate
activities to reduce or eliminate disproportionately adverse
human health or environmental effects on environmental
justice communities in the State, including reducing economic
vulnerabilities that result in the environmental justice
communities being disproportionately affected.
(2) Eligibility.--
(A) Application.--To be eligible to receive a grant under
paragraph (1), a State shall submit to the Administrator an
application at such time, in such manner, and containing such
information as the Administrator may require, including--
(i) a plan that contains a description of the means by
which the funds provided through a grant under paragraph (1)
will be used to address issues relating to environmental
justice at the State level; and
(ii) assurances that the funds provided through a grant
under paragraph (1) will be used only to supplement the
amount of funds that the State allocates for initiatives
relating to environmental justice.
(B) Ability to continue program.--To be eligible to receive
a grant under paragraph (1), a State shall demonstrate to the
Administrator that the State has the ability to continue each
program that is the subject of funds provided through a grant
under paragraph (1) after receipt of the funds.
(3) Report.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Administrator shall submit to the Committees on Energy and
Commerce and Natural Resources of the House of
Representatives and the Committees on Environment and Public
Works and Energy and Natural Resources of the Senate a report
describing--
(i) the implementation of the grant program established
under paragraph (1);
(ii) the impact of the grant program on improving the
ability of each participating State to address environmental
justice issues; and
(iii) the activities carried out by each State to reduce or
eliminate disproportionately adverse human health or
environmental effects on environmental justice communities in
the State.
(B) Public availability.--The Administrator shall make each
report required under subparagraph (A) available to the
public (including by posting a copy of the report on the
website of the Environmental Protection Agency).
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $15,000,000
for each of fiscal years 2021 through 2025.
(c) Tribal Grant Program.--
(1) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
Tribal Governments to enable the Indian Tribes--
(A) to establish culturally and linguistically appropriate
protocols, activities, and mechanisms for addressing issues
relating to environmental justice; and
(B) to carry out culturally and linguistically appropriate
activities to reduce or eliminate disproportionately adverse
human health or environmental effects on environmental
justice communities in Tribal and indigenous communities,
including reducing economic vulnerabilities that result in
the Tribal and indigenous communities being
disproportionately affected.
(2) Eligibility.--
(A) Application.--To be eligible to receive a grant under
paragraph (1), a Tribal Government shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require, including--
(i) a plan that contains a description of the means by
which the funds provided through a grant under paragraph (1)
will be used to address issues relating to environmental
justice in Tribal and indigenous communities; and
[[Page H4855]]
(ii) assurances that the funds provided through a grant
under paragraph (1) will be used only to supplement the
amount of funds that the Tribal Government allocates for
initiatives relating to environmental justice.
(B) Ability to continue program.--To be eligible to receive
a grant under paragraph (1), a Tribal Government shall
demonstrate to the Administrator that the Tribal Government
has the ability to continue each program that is the subject
of funds provided through a grant under paragraph (1) after
receipt of the funds.
(3) Report.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Administrator shall submit to the Committees on Energy and
Commerce and Natural Resources of the House of
Representatives and the Committees on Environment and Public
Works and Energy and Natural Resources of the Senate a report
describing--
(i) the implementation of the grant program established
under paragraph (1);
(ii) the impact of the grant program on improving the
ability of each participating Indian Tribe to address
environmental justice issues; and
(iii) the activities carried out by each Tribal Government
to reduce or eliminate disproportionately adverse human
health or environmental effects on applicable environmental
justice communities in Tribal and indigenous communities.
(B) Public availability.--The Administrator shall make each
report required under subparagraph (A) available to the
public (including by posting a copy of the report on the
website of the Environmental Protection Agency).
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $25,000,000
for each of fiscal years 2021 through 2025.
(d) Community-based Participatory Research Grant Program.--
(1) Establishment.--The Administrator, in consultation with
the Director, shall establish a program under which the
Administrator shall provide not more than 25 multiyear grants
to eligible entities to carry out community-based
participatory research--
(A) to address issues relating to environmental justice;
(B) to improve the environment of residents and workers in
environmental justice communities; and
(C) to improve the health outcomes of residents and workers
in environmental justice communities.
(2) Eligibility.--To be eligible to receive a multiyear
grant under paragraph (1), an eligible entity shall be a
partnership comprised of--
(A) an accredited institution of higher education; and
(B) a community-based organization.
(3) Application.--To be eligible to receive a multiyear
grant under paragraph (1), an eligible entity shall submit to
the Administrator an application at such time, in such
manner, and containing such information as the Administrator
may require, including--
(A) a detailed description of the partnership of the
eligible entity that, as determined by the Administrator,
demonstrates the participation of members of the community at
which the eligible entity proposes to conduct the research;
and
(B) a description of--
(i) the project proposed by the eligible entity; and
(ii) the ways by which the project will--
(I) address issues relating to environmental justice;
(II) assist in the improvement of health outcomes of
residents and workers in environmental justice communities;
and
(III) assist in the improvement of the environment of
residents and workers in environmental justice communities.
(4) Public availability.--The Administrator shall make the
results of the grants available provided under this
subsection to the public, including by posting on the website
of the Environmental Protection Agency a copy of the grant
awards and an annual report at the beginning of each fiscal
year describing the research findings associated with each
grant provided under this subsection.
(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000
for each of fiscal years 2021 through 2025.
SEC. 11013. PROTECTIONS FOR ENVIRONMENTAL JUSTICE COMMUNITIES
AGAINST HARMFUL FEDERAL ACTIONS.
(a) Purpose; Definitions.--
(1) Purpose.--The purpose of this section is to establish
additional protections relating to Federal actions affecting
environmental justice communities in recognition of the
disproportionate burden of adverse human health or
environmental effects faced by such communities.
(2) Definitions.--In this section:
(A) Federal action.--The term ``Federal action'' means a
proposed action that requires the preparation of an
environmental impact statement, environmental assessment,
categorical exclusion, or other document under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(B) Environmental impact statement.--The term
``environmental impact statement'' means the detailed
statement of environmental impacts of a proposed action
required to be prepared pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b) Preparation of a Community Impact Report.--A Federal
agency proposing to take a Federal action that has the
potential to cause negative environmental or public health
impacts on an environmental justice community shall prepare a
community impact report assessing the potential impacts of
the proposed action.
(c) Contents.--The community impact report described in
subsection (b) shall--
(1) assess the degree to which a proposed Federal action
affecting an environmental justice community will cause
multiple or cumulative exposure to human health and
environmental hazards that influence, exacerbate or
contribute to adverse health outcomes;
(2) assess relevant public health data and industry data
concerning the potential for multiple or cumulative exposure
to human health or environmental hazards in the area of the
environmental justice community and historical patterns of
exposure to environmental hazards and agencies shall assess
these multiple, or cumulative effects, even if certain
effects are not within the control or subject to the
discretion of the Federal agency proposing the Federal
action;
(3) assess the impact of such proposed Federal action on
such environmental justice community's ability to access
public parks, outdoor spaces, and public recreation
opportunities;
(4) evaluate alternatives to or mitigation measures for the
proposed Federal action that will--
(A) eliminate or reduce any identified exposure to human
health and environmental hazards described in paragraph (1)
to a level that is reasonably expected to avoid human health
impacts in environmental justice communities; and
(B) not negatively impact an environmental justice
community's ability to access public parks, outdoor spaces,
and public recreation opportunities; and
(5) analyze any alternative developed by members of an
affected environmental justice community that meets the
purpose and need of the proposed action.
(d) Delegation.--Federal agencies shall not delegate
responsibility for the preparation of a community impact
report prepared under this section to any other entity.
(e) National Environmental Policy Act Requirements for
Environmental Justice Communities.--When carrying out the
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) for a proposed Federal action that
may affect an environmental justice community, a Federal
agency shall--
(1) consider all potential direct, indirect, and cumulative
impacts caused by the action, alternatives to such action,
and mitigation measures on the environmental justice
community required by the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
(2) require any public comment period carried out during
the scoping phase of the environmental review process to be
no less than 90 days;
(3) provide early and meaningful community involvement
opportunities by--
(A) holding multiple hearings in such community regarding
the proposed Federal action in each prominent language within
the environmental justice community; and
(B) providing notice of any step or action in the National
Environmental Policy Act process that involves public
participation to any representative entities or organizations
present in the environmental justice community including--
(i) local religious organizations;
(ii) civic associations and organizations;
(iii) business associations of people of color;
(iv) environmental and environmental justice organizations,
including community-based grassroots organizations led by
people of color;
(v) homeowners', tenants', and neighborhood watch groups;
(vi) local and Tribal Governments;
(vii) rural cooperatives;
(viii) business and trade organizations;
(ix) community and social service organizations;
(x) universities, colleges, and vocational schools;
(xi) labor and other worker organizations;
(xii) civil rights organizations;
(xiii) senior citizens' groups; and
(xiv) public health agencies and clinics; and
(4) provide translations of publicly available documents
made available pursuant to the National Environmental Policy
Act in any language spoken by more than 5 percent of the
population residing within the environmental justice
community.
(f) Communication Methods and Requirements.--Any notice
provided under subsection (e)(3)(B) shall be provided--
(1) through communication methods that are accessible in
the environmental justice community. Such methods may include
electronic media, newspapers, radio, direct mailings,
canvassing, and other outreach methods particularly targeted
at communities of color, low-income communities, and Tribal
and indigenous communities; and
(2) at least 30 days before any hearing in such community
or the start of any public comment period.
(g) Requirements for Actions Requiring an Environmental
Impact Statement.--For any proposed Federal action affecting
an environmental justice community requiring the preparation
of an environmental impact statement, the Federal agency
shall provide the following information when giving notice of
the proposed action:
(1) A description of the proposed action.
(2) An outline of the anticipated schedule for completing
the process under the National Environmental Policy Act, with
a description of key milestones.
(3) An initial list of alternatives and potential impacts.
(4) An initial list of other existing or proposed sources
of multiple or cumulative exposure to environmental hazards
that contribute to higher rates of serious illnesses within
the environmental justice community.
(5) An agency point of contact.
(6) Timely notice of locations where comments will be
received or public meetings held.
[[Page H4856]]
(7) Any telephone number or locations where further
information can be obtained.
(h) National Environmental Policy Act Requirements for
Indian Tribes.--When carrying out the requirements of the
National Environmental Policy Act for a proposed Federal
action that may affect an Indian Tribe, a Federal agency
shall--
(1) seek Tribal representation in the process in a manner
that is consistent with the government-to-government
relationship between the United States and Tribal
Governments, the Federal Government's trust responsibility to
federally recognized Tribes, and any treaty rights;
(2) ensure that an Indian Tribe is invited to hold the
status of a cooperating agency throughout the National
Environmental Policy Act process for any proposed action that
could impact an Indian Tribe including actions that could
impact off reservation lands and sacred sites; and
(3) invite an Indian Tribe to hold the status of a
cooperating agency in accordance with paragraph (2) no later
than the commencement of the scoping process for a proposed
action requiring the preparation of an environmental impact
statement.
(i) Agency Determinations.--Federal agency determinations
about the analysis of a community impact report described in
this section shall be subject to judicial review to the same
extent as any other analysis performed under the National
Environmental Policy Act.
(j) Effective Date.--This section shall take effect one
year after the date of enactment of this Act.
(k) Savings Clause.--Nothing in this section diminishes--
(1) any right granted through the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) to the public; or
(2) the requirements under that Act to consider direct,
indirect, and cumulative impacts.
SEC. 11014. PROHIBITED DISCRIMINATION.
Section 601 of the Civil Rights Act of 1964 (42 U.S.C.
2000d) is amended--
(1) by striking ``No'' and inserting ``(a) No''; and
(2) by adding at the end the following:
``(b)(1)(A) Discrimination (including exclusion from
participation and denial of benefits) based on disparate
impact is established under this title if--
``(i) an entity subject to this title (referred to in this
title as a `covered entity') has a program, policy, practice,
or activity that causes a disparate impact on the basis of
race, color, or national origin and the covered entity fails
to demonstrate that the challenged program, policy, practice,
or activity is related to and necessary to achieve the
nondiscriminatory goal of the program, policy, practice, or
activity alleged to have been operated in a discriminatory
manner; or
``(ii) a less discriminatory alternative program, policy,
practice, or activity exists, and the covered entity refuses
to adopt such alternative program, policy, practice, or
activity.
``(B) With respect to demonstrating that a particular
program, policy, practice, or activity does not cause a
disparate impact, the covered entity shall demonstrate that
each particular challenged program, policy, practice, or
activity does not cause a disparate impact, except that if
the covered entity demonstrates to the courts that the
elements of the covered entity's decision-making process are
not capable of separation for analysis, the decision-making
process may be analyzed as 1 program, policy, practice, or
activity.
``(2) A demonstration that a program, policy, practice, or
activity is necessary to achieve the goals of a program,
policy, practice, or activity may not be used as a defense
against a claim of intentional discrimination under this
title.
``(c) No person in the United States shall be subjected to
discrimination, including retaliation or intimidation,
because such person opposed any program, policy, practice, or
activity prohibited by this title, or because such person
made a charge, testified, assisted, or participated in any
manner in an investigation, proceeding, or hearing under this
title.''.
SEC. 11015. RIGHT OF ACTION.
(a) In General.--Section 602 of the Civil Rights Act of
1964 (42 U.S.C. 2000d-1) is amended--
(1) by inserting ``(a)'' before ``Each Federal department
and agency which is empowered''; and
(2) by adding at the end the following:
``(b) Any person aggrieved by the failure to comply with
this title, including any regulation promulgated pursuant to
this title, may file suit in any district court of the United
States having jurisdiction of the parties, without respect to
the amount in controversy and without regard to the
citizenship of the parties.''.
(b) Effective Date.--
(1) In general.--This section, including the amendments
made by this section, takes effect on the date of enactment
of this Act.
(2) Application.--This section, including the amendments
made by this section, applies to all actions or proceedings
pending on or after the date of enactment of this Act.
SEC. 11016. RIGHTS OF RECOVERY.
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d
et seq.) is amended by inserting after section 602 the
following:
``SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED PERSONS.
``(a) Claims Based on Proof of Intentional
Discrimination.--In an action brought by an aggrieved person
under this title against a covered entity who has engaged in
unlawful intentional discrimination (not a practice that is
unlawful because of its disparate impact) prohibited under
this title (including its implementing regulations), the
aggrieved person may recover equitable and legal relief
(including compensatory and punitive damages), attorney's
fees (including expert fees), and costs of the action, except
that punitive damages are not available against a government,
government agency, or political subdivision.
``(b) Claims Based on the Disparate Impact Standard of
Proof.--In an action brought by an aggrieved person under
this title against a covered entity who has engaged in
unlawful discrimination based on disparate impact prohibited
under this title (including implementing regulations), the
aggrieved person may recover attorney's fees (including
expert fees), and costs of the action.''.
SEC. 11017. PUBLIC HEALTH RISKS ASSOCIATED WITH CUMULATIVE
ENVIRONMENTAL STRESSORS.
(a) Proposed Protocol.--Not later than 180 days after the
date of enactment of this section, the Administrator, in
consultation with the Advisory Council, shall publish a
proposal for a protocol for assessing and addressing the
cumulative public health risks associated with multiple
environmental stressors. The Administrator shall allow 90
days for public comment on such proposal. The environmental
stressors addressed under such proposal shall include--
(1) impacts associated with global climate change,
including extreme heat, extremes in temperature change,
drought, wildfires, sea level rise, flooding, storms, water
shortage, food shortage, ecosystem disruption, and the spread
of infectious disease;
(2) exposure to pollutants, emissions, discharges, waste,
chemicals, or other materials subject to regulation under the
Clean Air Act, the Federal Water Pollution Control Act, the
Safe Drinking Water Act, the Toxic Substances Control Act,
the Solid Waste Disposal Act, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, the
Emergency Planning and Community Right-to-Know Act of 1986,
and other laws administered by the Administrator; and
(3) other environmental stressors determined by the
Administrator to impact public health.
(b) Final Protocol.--Not later than 1 year after the
enactment of this section, the Administrator shall publish
the final protocol for assessing and addressing the
cumulative public health risks associated with multiple
environmental stressors.
(c) Implementation.--Not later than 3 years after the
enactment of this section, the Administrator shall implement
the protocol described under subsection (b).
TITLE XII--OTHER MATTERS
Subtitle A--Blue Collar to Green Collar Jobs Development
PART 1--OFFICE OF ECONOMIC IMPACT, DIVERSITY, AND EMPLOYMENT
SEC. 12101. NAME OF OFFICE.
(a) In General.--Section 211 of the Department of Energy
Organization Act (42 U.S.C. 7141) is amended--
(1) in the section heading, by striking ``minority economic
impact'' and inserting ``economic impact, diversity, and
employment''; and
(2) in subsection (a), by striking ``Office of Minority
Economic Impact'' and inserting ``Office of Economic Impact,
Diversity, and Employment''.
(b) Conforming Amendment.--The table of contents for the
Department of Energy Organization Act is amended by amending
the item relating to section 211 to read as follows:
``Sec. 211. Office of Economic Impact, Diversity, and Employment.''.
SEC. 12102. ENERGY WORKFORCE DEVELOPMENT PROGRAMS.
Section 211 of the Department of Energy Organization Act
(42 U.S.C. 7141) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following:
``(f) The Secretary, acting through the Director, shall
support the establishment and execution of the programs
described in sections 12111 and 12112 of the Clean Economy
Jobs and Innovation Act.''.
SEC. 12103. AUTHORIZATION.
Subsection (h) of section 211 of the Department of Energy
Organization Act (42 U.S.C. 7141), as redesignated by section
12102 of this Act, is amended by striking ``not to exceed
$3,000,000 for fiscal year 1979, not to exceed $5,000,000 for
fiscal year 1980, and not to exceed $6,000,000 for fiscal
year 1981. Of the amounts so appropriated each fiscal year,
not less than 50 percent shall be available for purposes of
financial assistance under subsection (e).'' and inserting
``$100,000,000 for each of fiscal years 2021 through 2025.''.
PART 2--ENERGY WORKFORCE DEVELOPMENT
SECTION 12111. ENERGY WORKFORCE DEVELOPMENT.
(a) In General.--Subject to the availability of
appropriations for such purpose, the Secretary of Labor and
the Secretary of Energy, acting through the Director of the
Office of Economic Impact, Diversity, and Employment, shall
jointly establish and carry out a comprehensive, nationwide
program to improve education and training for jobs in energy-
related industries, including manufacturing, engineering,
construction, and retrofitting jobs in such energy-related
industries in order to the increase number of skilled workers
trained to work in such energy-related industries, including
by--
(1) encouraging underrepresented groups, including
religious and ethnic minorities, women, veterans, individuals
with disabilities, unemployed energy workers, and
socioeconomically disadvantaged individuals to enter into the
science, technology, engineering, and mathematics (in this
section referred to as ``STEM'') fields;
[[Page H4857]]
(2) encouraging the Nation's educational institutions to
equip students with the skills, mentorships, training, and
technical expertise necessary to fill the employment
opportunities vital to managing and operating the Nation's
energy-related industries;
(3) providing students and other candidates for employment
with the necessary skills and certifications for skilled jobs
in such energy-related industries; and
(4) strengthening and more fully engaging Department of
Energy programs and laboratories in carrying out the
Department's Minorities in Energy Initiative.
(b) Direct Assistance.--
(1) In general.--In carrying out the program established
under subsection (a), the Secretaries may provide financial
assistance awards, technical assistance, and other assistance
the Secretaries determine appropriate, to educational
institutions and training programs and providers, including
those serving unemployed and underemployed energy workers.
(2) Distribution.--The Secretaries shall distribute
assistance described in paragraph (1) in a manner
proportional to the needs of energy-related industries and
demand for jobs in energy-related industries, consistent with
information developed under subsection (e), and to the extent
practicable, ensure a geographically diverse distribution,
including a geographically diverse distribution among regions
of the country and among urban, suburban, and rural areas.
(c) Priority.--In carrying out the program established
under subsection (a) the Secretaries shall prioritize the
education and training of individuals from underrepresented
populations for jobs in energy-related industries.
(d) Collaboration and Outreach.--In carrying out the
program established under subsection (a), the Secretaries
shall--
(1) collaborate with--
(A) to the maximum extent possible, State or local
workforce development boards and State workforce agencies, to
maximize program efficiency;
(B) educational institutions and training programs and
providers; and
(C) employers and labor organizations in energy-related
industries providing opportunities to participate in
internships, fellowships, traineeships, and apprenticeships
to students, including students of minority-serving
institutions and unemployed or underemployed energy workers,
and other candidates, such as underrepresented populations;
and
(2) conduct outreach activities to--
(A) encourage individuals from underrepresented populations
and unemployed or underemployed energy workers to enter into
the STEM fields; and
(B) encourage and foster collaboration, mentorships, and
partnerships among energy-related industries, and training
programs and providers, that provide effective training
programs for jobs in energy-related industries and
educational institutions that seek to establish these types
of programs in order to share best practices and approaches
that best suit local, State, and national needs.
(e) Clearinghouse.--
(1) Establishment.--In carrying out the program established
under subsection (a), the Secretary of Labor, in
collaboration with Secretary of Energy, the Secretary of
Education, the Secretary of Commerce, and the Director of the
Bureau of the Census, and energy-related industries, shall
establish a clearinghouse on a publicly accessible website
to--
(A) develop, maintain, and update information and other
resources, by State and by region, on--
(i) training programs for jobs in energy-related
industries; and
(ii) the current and future workforce needs of energy-
related industries, and job opportunities in such energy-
related industries, including identification of jobs in
energy-related industries for which there is the greatest
demand; and
(B) act as a resource for educational institutions and
training programs and providers that would like to develop
and implement training programs for such jobs.
(2) Report.--The Secretaries shall annually publish a
report on the information and other resources developed,
maintained, and updated on the clearinghouse established
under paragraph (1), including--
(A) a report providing comprehensive and detailed
description of the workforce needs of such energy-related
industries, and job opportunities in such energy-related
industries, by State and by region; and
(B) publish an annual report on job creation in the energy-
related industries described in subsection (f)(1).
(f) Guidelines to Develop Skills for an Energy Industry
Workforce.--
(1) In general.--In carrying out the program established
under subsection (a), the Secretaries, in collaboration with
the Secretary of Education, the Secretary of Commerce, and
the National Science Foundation, shall develop voluntary
guidelines or best practices for educational institutions to
help provide students with the skills necessary for jobs in
energy-related industries, including jobs in--
(A) the energy efficiency industry, including jobs in
energy efficiency (including architecture, design, and
construction of new energy efficient buildings),
conservation, weatherization, retrofitting, inspecting,
auditing, and software development;
(B) the renewable energy industry, including jobs in the
development, engineering, manufacturing, and production of
energy from renewable energy sources (such as solar,
hydropower, wind, and geothermal energy);
(C) the community energy resiliency industry, including
jobs in the installation of rooftop solar, in battery
storage, and in microgrid technologies;
(D) the fuel cell and hydrogen energy industry;
(E) the advanced automotive technology industry, including
jobs relating to electric vehicle batteries, connectivity and
automation, and advanced combustion engines;
(F) the manufacturing industry, including jobs as
operations technicians, in operations and design in additive
manufacturing, 3-D printing, and advanced composites and
advanced aluminum and other metal alloys, and in industrial
energy efficiency management systems, including power
electronics, and other innovative technologies;
(G) the chemical manufacturing industry, including jobs in
construction (such as welders, pipefitters, and tool and die
makers), as instrument and electrical technicians,
machinists, chemical process operators, engineers, quality
and safety professionals, and reliability engineers;
(H) the utility industry, including jobs in smart grid
technology, cybersecurity management, and the generation,
transmission, and distribution of electricity and natural
gas, such as electricians and utility dispatchers,
technicians, operators, lineworkers, engineers, scientists,
and information technology specialists;
(I) the alternative fuels industry, including jobs in
biofuel and bioproducts development and production;
(J) the pipeline industry, including jobs in pipeline
construction and maintenance and jobs as engineers and
technical advisors;
(K) the nuclear energy industry, including jobs as
scientists, engineers, technicians, mathematicians, and
security personnel;
(L) the oil and gas industry, including jobs as scientists,
engineers, technicians, mathematicians, petrochemical
engineers, and geologists; and
(M) the coal industry, including jobs as coal miners,
engineers, developers and manufacturers of state-of-the-art
coal facilities, technology vendors, coal transportation
workers and operators, and mining equipment vendors.
(2) Energy efficiency and conservation initiatives.--The
guidelines or best practices developed under paragraph (1)
shall include grade-specific guidelines for elementary
schools and secondary schools for teaching energy efficiency
technology, architecture, design, and construction of new
energy-efficient buildings and building energy retrofits,
manufacturing efficiency technology, community energy
resiliency, and conservation initiatives.
(3) STEM education.--The guidelines or best practices
developed under paragraph (1) shall promote STEM education
and energy related programs of study in educational
institutions as it relates to job opportunities in energy-
related industries listed under such paragraph.
(g) Outreach to Minority Serving Institutions.--In carrying
out the program established under subsection (a), the
Secretaries shall--
(1) give special consideration to increasing outreach to
minority-serving institutions;
(2) make resources available to minority-serving
institutions with the objective of increasing the number of
skilled minorities and women trained for jobs in energy-
related industries, including manufacturing, engineering,
construction, and retrofitting jobs in such energy-related
industries;
(3) encourage energy-related industries to improve the
opportunities for students of minority-serving institutions
to participate in industry internships, apprenticeships, and
cooperative work-study programs; and
(4) partner with the Department of Energy laboratories to
increase underrepresented groups' participation in
internships, fellowships, traineeships, and employment at all
Department of Energy laboratories.
(h) Outreach to Displaced, Unemployed and Underemployed
Energyworkers.--In carrying out the program established under
subsection (a), the Secretaries shall--
(1) give special consideration to increasing outreach to
employers and job trainers preparing displaced, unemployed,
and underemployed energy workers for emerging jobs in energy-
related industries, including manufacturing, engineering,
construction, and retrofitting jobs in such energy-related
industries;
(2) make resources available to institutions serving
displaced and unemployed energy workers with the objective of
increasing the number of individuals trained for jobs in
energy-related industries, including manufacturing,
engineering, construction, and retrofitting jobs in such
energy-related industries; and
(3) encourage energy-related industries to improve
opportunities for displaced and unemployed energy workers to
participate in industry internships, apprenticeships, and
work-study programs.
(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000 for
each of fiscal years 2021 through 2025.
SEC. 12112. ENERGY WORKFORCE GRANT PROGRAM.
(a) Program.--
(1) Establishment.--Subject to the availability of
appropriations for such purpose, the Secretary of Labor and
the Secretary of Energy, acting through the Director of the
Office of Economic Impact, Diversity, and Employment, shall
jointly establish and carry out a program to provide grants
to eligible entities to pay the eligible wages of, or
eligible stipends for, individuals during the time period
that such individuals are receiving training to work in the
renewable energy sector, energy efficiency sector, or grid
modernization sector.
(2) Guidelines.--Not later than 60 days after the date of
enactment of this Act, the Secretaries, in consultation with
stakeholders, contractors, and organizations that work to
advance existing residential energy efficiency,
[[Page H4858]]
shall establish guidelines to identify training that is
eligible for purposes of the program established pursuant to
paragraph (1).
(b) Eligibility.--
(1) In general.--To be eligible to receive a grant under
the program established under subsection (a), an eligible
entity shall be directly involved with energy efficiency or
renewable energy technology and provide services related to--
(A) renewable electric energy generation, including solar,
wind, geothermal, hydropower, and other renewable electric
energy generation technologies;
(B) energy efficiency, including energy-efficient lighting,
heating, ventilation, and air conditioning, air source heat
pumps, advanced building materials, insulation and air
sealing, and other high-efficiency products and services,
including auditing and inspection, architecture, design, and
construction of new energy efficient buildings and building
energy retrofits;
(C) grid modernization or energy storage, including smart
grid, microgrid and other distributed energy solutions,
demand response management, and home energy management
technology; or
(D) fuel cell and hybrid fuel cell generation.
(2) Definitions.--In this subsection, the following terms
apply:
(A) Eligible entity.--The term ``eligible entity'' means--
(i) an employer in an industry described in paragraph (1);
or
(ii) a labor organization, a joint-labor management
organization, a State or local workforce board, or a training
program or provider that provides training to individuals to
work for an employer described in clause (i), or works on
behalf of any such employers.
(B) Eligible stipend.--The term ``eligible stipend'' means
a stipend that meets the criteria identified pursuant to the
guidelines established under subsection (a)(2).
(C) Eligible wages.--The term ``eligible wages'' means
wages that meet the criteria identified pursuant to the
guidelines established under subsection (a)(2).
(c) Use of Grants.--
(1) Eligible wages.--An eligible entity with--
(A) 20 or fewer employees may use a grant provided under
the program established under subsection (a) to pay up to--
(i) 45 percent of an employee's eligible wages for the
duration of the applicable training for such employee, if the
training is provided by the eligible entity; and
(ii) 90 percent of an employee's eligible wages for the
duration of the applicable training for such employee, if the
training is provided by an entity other than the eligible
entity;
(B) 21 to 99 employees may use a grant provided under the
program established under subsection (a) to pay up to--
(i) 37.5 percent of an employee's eligible wages for the
duration of the applicable training for such employee, if the
training is provided by the eligible entity; and
(ii) 75 percent of an employee's eligible wages for the
duration of the applicable training for such employee, if the
training is provided by an entity other than the eligible
entity; and
(C) 100 employees or more may use a grant provided under
the program established under subsection (a) to pay up to--
(i) 25 percent of an employee's eligible wages for the
duration of the applicable training for such employee, if the
training is provided by the eligible entity; and
(ii) 50 percent of an employee's eligible wages for the
duration of the applicable training for such employee, if the
training is provided by an entity other than the eligible
entity.
(2) Stipend.--An eligible entity may use a grant provided
under the program established under subsection (a) to pay up
to 100 percent of an eligible stipend for an individual for
the duration of the applicable training for such individual.
(d) Priority for Targeted Communities.--In providing grants
under the program established under subsection (a), the
Secretary shall give priority to an eligible entity that--
(1) recruits or trains individuals who are--
(A) from the community that the eligible entity serves; and
(B)(i) from underrepresented populations; or
(ii) unemployed or underemployed energy workers; and
(2) will provide individuals receiving training with the
opportunity to obtain or retain employment at an eligible
entities.
(e) Limit.--An eligible entity may not receive more than
$100,000 under the program established under subsection (a)
per fiscal year.
(f) Report.--The Secretaries shall submit to Congress,
annually for each year the program established under
subsection (a) is carried out, a report on such program,
including--
(1) an assessment of such program for the previous year,
including the number of jobs filled by individuals trained
pursuant to such program; and
(2) recommendations on how to improve such program.
(g) 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. 12113. DEFINITIONS.
In this part:
(1) Career and technical education.--The term ``career and
technical education'' has the meaning given such term in
section 3 or the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302).
(2) Community-based organization.--The term ``community-
based organization'' has the meaning given such term in
section 3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102).
(3) Training programs and providers.--The term ``training
programs and providers'' means State or local workforce
development boards, community-based organizations, qualified
youth or conservation corps, Job Corps authorized under
subtitle C of title I the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et seq.), labor
organizations, joint-labor management organizations, pre-
apprenticeship programs, and apprenticeship programs.
(4) Educational institution.--The term ``educational
institution'' means an elementary school, secondary school,
or institution of higher education, including educational
institutions providing career and technical education
programs and programs of study.
(5) Elementary school and secondary school.--The terms
``elementary school'' and ``secondary school'' have the
meanings given such terms in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(6) Energy-related industry.--The term ``energy-related
industry'' includes the energy efficiency industry, renewable
energy industry, community energy resiliency industry, fuel
cell and hydrogen energy industry, advanced automotive
technology industry, chemical manufacturing industry,
electric utility industry, gas utility industry, alternative
fuels industry, pipeline industry, nuclear energy industry,
oil and gas industry, and coal industry.
(7) Institution of higher education.--The term
``institution of higher education'' has the meaning given
such term in section 102 of the Higher Education Act of 1965
(20 U.S.C. 1002), except that such term does not include
institutions described in subparagraph (A) or (C) of
subsection (a)(1) of such section 102.
(8) Jobs in energy-related industries.--The term ``jobs in
energy-related industries'' includes manufacturing,
engineering, construction, and retrofitting jobs in energy-
related industries.
(9) Labor organization.--The term ``labor organization''
has the meaning given such term in section 2 of the National
Labor Relations Act (29 U.S.C. 152).
(10) Minority-serving institution.--The term ``minority-
serving institution'' means an institution of higher
education that is of one of the following:
(A) A Hispanic-serving institution (as defined in section
502(a) of the Higher Education Act of 1965 (20 U.S.C.
1101a(a))).
(B) A Tribal College or University (as defined in section
316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b))).
(C) An Alaska Native-serving institution (as defined in
section 317(b) of the Higher Education Act of 1965 (20 U.S.C.
1059d(b))).
(D) A Native Hawaiian-serving institution (as defined in
section 317(b) of the Higher Education Act of 1965 (20 U.S.C.
1059d(b))).
(E) A Predominantly Black Institution (as defined in
section 318(b) of the Higher Education Act of 1965 (20 U.S.C.
1059e(b))).
(F) A Native American-serving nontribal institution (as
defined in section 319(b) of the Higher Education Act of 1965
(20 U.S.C. 1059f(b))).
(G) An Asian American and Native American Pacific Islander-
serving institution (as defined in section 320(b) of the
Higher Education Act of 1965 (20 U.S.C. 1059g(b))).
(H) A historically Black college or university (having the
meaning given the term ``part B institution'' in section 322
of the Higher Education Act of 1965 (20 U.S.C. 1061)).
(11) Qualified youth or conservation corps.--The term
``qualified youth or conservation corps'' has the meaning
given such term in section 203(11) of the Public Lands Corps
Act of 1993 (16 U.S.C. 1722(11)).
(12) Secretaries.--The term ``Secretaries'' means the
Secretary of Labor and the Secretary of Energy.
(13) State or local workforce development board.--The term
``State or workforce development board'' or ``local workforce
development board'' have the meanings given the terms ``State
board'' and ``local board'', respectively, in section 3 of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
(14) State workforce agency.--The term ``State workforce
agency'' means the State agency with responsibility for
workforce investment activities under chapters 2 and 3 of
subtitle B of title I of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3121 et seq., 3131 et seq.).
(15) STEM.--The term ``STEM'' means science, technology,
engineering, and mathematics.
(16) Underrepresented populations.--The term
``underrepresented populations'' means a group of individuals
(such as a group of individuals from the same gender or
race), the members of which comprise fewer than 25 percent of
the individuals employed in occupations in energy-related
industries.
Subtitle B--Buy American and Wage Rate Requirements
SEC. 12201. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS.
(a) None of the funds made available pursuant to this Act,
or provisions of law added or amended by this Act, may be
used for a project for the construction, alteration,
maintenance, or repair of a public building or public work
unless all of the iron, steel, and manufactured goods used in
the project are produced in the United States.
(b) Subsection (a) shall not apply in any case or category
of cases in which the head of the Federal department or
agency involved finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron, steel, and the relevant manufactured goods are
not produced in the United States in sufficient and
reasonably available quantities and of a satisfactory
quality; or
[[Page H4859]]
(3) inclusion of iron, steel, and manufactured goods
produced in the United States will increase the cost of the
overall project by more than 25 percent.
(c) If the head of a Federal department or agency
determines that it is necessary to waive the application of
subsection (a) based on a finding under subsection (b), the
head of the department or agency shall publish in the Federal
Register a detailed written justification as to why the
provision is being waived.
(d) This section shall be applied in a manner consistent
with United States obligations under international
agreements.
SEC. 12202. WAGE RATE REQUIREMENTS.
Notwithstanding any other provision of law and in a manner
consistent with other provisions in this Act, all laborers
and mechanics employed by contractors and subcontractors on
projects funded directly by or assisted in whole or in part
by and through the Federal Government pursuant to this Act,
or provisions of law added or amended by this Act, shall be
paid wages at rates not less than those prevailing on
projects of a character similar in the locality as determined
by the Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code. With respect to
the labor standards specified in this section, the Secretary
of Labor shall have the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5
U.S.C. App.) and section 3145 of title 40, United States
Code.
SEC. 12203. APPRENTICESHIPS.
(a) In General.--Any funds made available under this Act to
fund an apprenticeship or pre-apprenticeship program shall
only be used for, or provided to, apprenticeship and pre-
apprenticeship programs as defined this section, including
any funds awarded for the purposes of grants, contracts, or
cooperative agreements, or the development, implementation,
or administration of a program funded in whole or part by
federal funds under this Act.
(b) Apprenticeship Defined.--In this Act, the term
``apprenticeship'' means an apprenticeship--
(1) 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.); and
(2) that complies with the requirements of subpart A of
part 29 of title 29, Code of Federal Regulations, and part 30
of such title (as in effect on September 18, 2020).
(c) Pre-apprenticeship Defined.--In this Act, the term
``pre-apprenticeship'' or ``pre-apprenticeship program''
means a training model or program that--
(1) is designed to prepare participants to enter an
apprenticeship program;
(2) is carried out by a sponsor that has a written
agreement with 1 or more sponsors of apprenticeship programs;
and
(3) includes each of the following:
(A) 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 that are parties to the written
agreement, and that will prepare participants by teaching the
skills and competencies needed to enter 1 or more
apprenticeship programs.
(B) Hands-on training and theoretical education for
participants that does not displace a paid employee.
(C) A formal agreement with a sponsor of an apprenticeship
program that would enable participants who successfully
complete the pre-apprenticeship program--
(i) to enter 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.
Subtitle C--Natural Resources
SEC. 12301. OFFSHORE WIND CAREER TRAINING GRANT PROGRAM.
(a) Grants Authorized.--Beginning 180 days after the date
of the enactment of this section, the Secretary may award
offshore wind career training grants to eligible entities for
the purpose of establishing or expanding educational or
career training programs that provide individuals in such
programs skills and competencies necessary for employment in
the offshore wind industry.
(b) Allocation of Grants.--
(1) Limitation on grant quantity and size.--An eligible
entity may not be awarded--
(A) more than one grant under this section for which the
eligible entity is the lead applicant; or
(B) a grant under this section in excess of $2,500,000.
(2) Allocation to community colleges.--Not less than 25
percent of the total amount awarded under this section for a
fiscal year shall be awarded to eligible entities that are
community colleges.
(c) Partnerships.--An eligible entity seeking to receive a
grant under this section shall establish or partner with one
or more of the following:
(1) Another eligible entity (including an eligible entity
that is a community college).
(2) A State or local government agency responsible for
education, workforce development or offshore wind energy
activities.
(3) A qualified intermediary.
(d) Use of Grant.--An eligible entity may use a grant
awarded under this section for the following activities:
(1) Occupational skills training, including curriculum
development and class-room instruction.
(2) Safety and health training.
(3) The provision of English language acquisition and
employability skills.
(4) Individual referral and tuition assistance for a
community college training program.
(5) Career pathway development or expansion for offshore
wind industry occupations.
(6) The development or expansion of work-based learning or
incumbent worker training programs aligned with career
pathways in a field related to the offshore wind industry,
such as paid internships, registered apprenticeships and
programs articulating to an apprenticeship program,
customized training, or transitional jobs.
(7) Curriculum development at the under-graduate and
postgraduate levels.
(8) Development and support of offshore wind energy major,
minor, or certificate programs.
(9) Such other activities, as determined by the Secretary,
to meet the purposes of this section.
(e) Grant Proposals.--
(1) Submission procedure for grant proposals.--An eligible
entity seeking to receive a grant under this section shall
submit a grant proposal to the Secretary at such time, in
such manner, and containing such information as the Secretary
may require.
(2) Content of grant proposals.--A grant proposal submitted
to the Secretary under this section shall include a detailed
description of--
(A) the specific project for which the grant proposal is
submitted, including the manner in which the grant will be
used to develop, offer, or improve an educational or career
training program that will provide individuals in such
program the skills and competencies necessary for employment
in the offshore wind industry;
(B) any previous experience of the eligible entity in
providing such educational or career training programs;
(C) the extent to which such project will meet the
educational or career training needs;
(D) the quantitative data that demonstrates the demand for
employment for such program in the geographic area served by
the eligible entity, including wages and benefits for such
employment;
(E) a description of the entities involved in the industry
or sector partnership; and
(F) a description of the activities the eligible entity
will carry out.
(f) Criteria for Award of Grants.--
(1) In general.--Subject to appropriations, the Secretary
shall award grants under this section based on an evaluation
of--
(A) the merits of the grant proposal;
(B) the available or projected employment opportunities,
including the projected wages and benefits, available to
individuals who complete the educational or career training
program that the eligible entity proposes to develop, offer,
or improve; and
(C) the availability and capacity of existing educational
or career training programs in the community to meet future
demand for such programs.
(2) Priority.--Priority in awarding grants under this
section shall be given to an eligible entity that--
(A) is--
(i) an institution of higher education that has formed a
partnership with a labor organization or joint-labor
management organization; or
(ii) a labor organization or joint-labor management
organization that has formed a partnership with an institute
of higher education;
(B) has entered into a memorandum of understanding with one
or more employers in the offshore wind industry to partner on
the establishment or expansion of programs funded under this
Act;
(C) is located in an economically distressed area;
(D) serves a high number or high percentage of individuals
who are--
(i) dislocated workers (particularly workers dislocated
from the offshore oil and gas, onshore fossil fuel, nuclear
energy, or fishing industries);
(ii) veterans, members of the reserve components of the
Armed Forces, or former members of such reserve components;
(iii) unemployed, underemployed, or disconnected;
(iv) individuals with barriers to employment;
(v) in-school and out-of-school youth; or
(vi) formerly incarcerated, adjudicated, nonviolent
offenders;
(E) an eligible entity that proposes to serve a high
percentage or number of low-income or minority students; or
(F) demonstration of or established plans for the eligible
entity to be included on the list of eligible providers of
training services described in section 122(d) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)).
(3) Geographic distribution.--The Secretary shall, to the
extent practicable, award grants under this section in a
manner that provides for a reasonable geographic
distribution, except that the Secretary shall not be required
to award grants equally among different regions of the United
States.
(g) Matching Requirements.--A grant awarded under this
section may not be used to satisfy any non-Federal funds
matching requirement under any other provision of law.
(h) Grantee Data Collection.--
(1) In general.--A grantee, with respect to the educational
or career training program for which the grantee received a
grant under this section, shall collect and report to the
Secretary on an annual basis the following:
(A) The number of participants enrolled in the educational
or career training program.
(B) The number of participants that have completed the
educational or career training programing the last 12 months.
(C) The services received by such participants, including a
description of training, education, and supportive services.
(D) The amount spent by the grantee per participant.
(E) The percentage of job placement of participants in the
offshore wind industry or related fields.
[[Page H4860]]
(F) The percentage of employment retention--
(i) if the eligible entity is not an institution of higher
education, 1 year after completion of the educational or
career training program; or
(ii) if the eligible entity is an institution of higher
education, 1 year after completion of the educational or
career training program or 1 year after the participant is no
longer enrolled in such institution of higher education,
whichever is later.
(G) The percentage of program participants who obtain a
recognized postsecondary credential, or a secondary school
diploma or its recognized equivalent during participation in
or within 1 year after exit from the program.
(2) Disaggregation of data.--The data collected and
reported under this subsection shall be disaggregated by each
population specified in section 3(24) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(24)) and by
race, ethnicity, sex, and age.
(3) Assistance from secretary.--The Secretary shall assist
grantees in the collection of data under this subsection by
making available, where practicable, low-cost means of
tracking the labor market outcomes of participants (including
through coordination with the Secretary of Labor) and by
providing standardized reporting forms, where appropriate.
The Secretary shall provide technical assistance and
oversight to assist the eligible entities in applying for and
administering grants.
(j) Guidelines.--Not later than 90 days after the date of
the enactment of this section, the Secretary shall--
(1) promulgate guidelines for the submission of grant
proposals; and
(2) publish and maintain such guidelines on a public
website of the Secretary.
(k) Reporting Requirement.--Not later than 18 months after
the date of the enactment of this section, and every 2 years
thereafter, the Secretary shall submit a report to the
Committee on Natural Resources of the House of
Representatives, the Committee on Energy and Natural
Resources of the Senate, the Committee on Education and Labor
of the House of Representatives, and the Committee on Health,
Education, Labor, and Pensions of the Senate on the grant
program established by this section. The report shall include
a description of the grantees and the activities for which
grantees used a grant awarded under this section.
(l) Authorization of Appropriations.--There are authorized
to be appropriated for purposes of this section $25,000,000
for each of fiscal years 2021 through 2025. The Secretary may
use not more than 2 percent of the amount appropriated for
each fiscal year for administrative expenses, including the
expenses of providing the technical assistance and oversight
activities.
(m) Definitions.--In this section:
(1) Apprenticeship, apprenticeship program.--The term
``apprenticeship'' or ``apprentice
(1) Community college.--The term ``community college'' has
the meaning given the term ``junior or community college'' in
section 312(f) of the Higher Education Act of 1965 (20 U.S.C.
1058(f)).
(2) Eligible entity.--The term ``eligible entity'' means an
entity that is--
(A) an institution of higher education, as such term is
defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)); or
(B) a labor organization or a joint labor management
organization.
(3) Grantee.--The term ``grantee'' means an eligible entity
that has received a grant under this section.
(4) Lead applicant.--The term ``lead applicant'' means the
eligible entity that is primarily responsible for the
preparation, conduct, and administration of the project for
which the grant was awarded.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, in consultation with the Secretary of
Energy, the Secretary of Education, and the Secretary of
Labor.
(6) Carl d. perkins career and technical education act
terms.--The terms ``area career and technical education
school'', ``qualified intermediary'', ``Tribal educational
agency'', and ``work-based learning'' have the meanings given
the terms in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302).
(7) Workforce innovation and opportunity act terms.--The
terms ``career pathway'', ``dislocated worker'', ``English
language acquisition'', ``in-school youth'', ``individuals
with barriers to employment'', ``industry or sector
partnership'', ``on-the-job training'', ``out-of-school
youth'', ``recognized postsecondary credential'',
``supportive services'', have the meanings given the terms in
section 3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102).
SEC. 12302. DATA PRESERVATION.
Subsection (k) of the National Geological and Geophysical
Data Preservation Program Act of 2005 (42 U.S.C. 15908(k)) is
amended by striking ``2006 through 2010'' and inserting
``2021 through 2025''.
Subtitle D--Clean Energy and Sustainability Accelerator
SEC. 12401. CLEAN ENERGY AND SUSTAINABILITY ACCELERATOR.
Title XVI of the Energy Policy Act of 2005 (Public Law 109-
58, as amended) is amended by adding at the end the following
new subtitle:
``Subtitle C--Clean Energy and Sustainability Accelerator
``SEC. 1621. DEFINITIONS.
``In this subtitle:
``(1) Accelerator.--The term `Accelerator' means the Clean
Energy and Sustainability Accelerator established under
section 1622.
``(2) Board.--The term `Board' means the Board of Directors
of the Accelerator.
``(3) Chief executive officer.--The term `chief executive
officer' means the chief executive officer of the
Accelerator.
``(4) Climate-impacted communities.--The term `climate-
impacted communities' includes--
``(A) communities of color, which include any
geographically distinct area the population of color of which
is higher than the average population of color of the State
in which the community is located;
``(B) communities that are already or are likely to be the
first communities to feel the direct negative effects of
climate change;
``(C) distressed neighborhoods, demonstrated by indicators
of need, including poverty, childhood obesity rates, academic
failure, and rates of juvenile delinquency, adjudication, or
incarceration;
``(D) low-income communities, defined as any census block
group in which 30 percent or more of the population are
individuals with low income;
``(E) low-income households, defined as a household with
annual income equal to, or less than, the greater of--
``(i) an amount equal to 80 percent of the median income of
the area in which the household is located, as reported by
the Department of Housing and Urban Development; and
``(ii) 200 percent of the Federal poverty line; and
``(F) rural areas, which include any area other than--
``(i) a city or town that has a population of greater than
50,000 inhabitants; and
``(ii) any urbanized area contiguous and adjacent to a city
or town described in clause (i).
``(5) Climate resilient infrastructure.--The term `climate
resilient infrastructure' means any project that builds or
enhances infrastructure so that such infrastructure--
``(A) is planned, designed, and operated in a way that
anticipates, prepares for, and adapts to changing climate
conditions; and
``(B) can withstand, respond to, and recover rapidly from
disruptions caused by these climate conditions.
``(6) Electrification.--The term `electrification' means
the installation, construction, or use of end-use electric
technology that replaces existing fossil-fuel-based
technology.
``(7) Energy efficiency.--The term `energy efficiency'
means any project, technology, function, or measure that
results in the reduction of energy use required to achieve
the same level of service or output prior to the application
of such project, technology, function, or measure, or
substantially reduces greenhouse gas emissions relative to
emissions that would have occurred prior to the application
of such project, technology, function, or measure.
``(8) Fuel switching.--The term `fuel switching' means any
project that replaces a fossil-fuel-based heating system with
an electric-powered system or one powered by biomass-
generated heat.
``(9) Green bank.--The term `green bank' means a dedicated
public or nonprofit specialized finance entity that--
``(A) is designed to drive private capital into market gaps
for low- and zero-emission goods and services;
``(B) uses finance tools to mitigate climate change;
``(C) does not take deposits;
``(D) is funded by government, public, private, or
charitable contributions; and
``(E) invests or finances projects--
``(i) alone; or
``(ii) in conjunction with other investors.
``(10) Qualified projects.--The term `qualified projects'
means the following kinds of technologies and activities that
are eligible for financing and investment from the Clean
Energy and Sustainability Accelerator, either directly or
through State and local green banks funded by the Clean
Energy and Sustainability Accelerator:
``(A) Renewable energy generation, including the following:
``(i) Solar.
``(ii) Wind.
``(iii) Geothermal.
``(iv) Hydropower.
``(v) Ocean and hydrokinetic.
``(vi) Fuel cell.
``(B) Building energy efficiency, fuel switching, and
electrification.
``(C) Industrial decarbonization.
``(D) Grid technology such as transmission, distribution,
and storage to support clean energy distribution, including
smart-grid applications.
``(E) Agriculture and forestry projects that reduce net
greenhouse gas emissions.
``(F) Clean transportation, including the following:
``(i) Battery electric vehicles.
``(ii) Plug-in hybrid electric vehicles.
``(iii) Hydrogen vehicles.
``(iv) Other zero-emissions fueled vehicles.
``(v) Related vehicle charging and fueling infrastructure.
``(G) Climate resilient infrastructure.
``(H) Any other key areas identified by the Board as
consistent with the mandate of the Accelerator as described
in section 1623.
``(11) Renewable energy generation.--The term `renewable
energy generation' means electricity created by sources that
are continually replenished by nature, such as the sun, wind,
and water.
``SEC. 1622. ESTABLISHMENT.
``(a) In General.--Not later than 1 year after the date of
enactment of this subtitle, there shall be established a
nonprofit corporation to be known as the `Clean Energy and
Sustainability Accelerator'.
``(b) Limitation.--The Accelerator shall not be an agency
or instrumentality of the Federal Government.
``(c) Full Faith and Credit.--The full faith and credit of
the United States shall not extend to the Accelerator.
[[Page H4861]]
``(d) Nonprofit Status.--The Accelerator shall maintain its
status as an organization exempt from taxation under the
Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
``SEC. 1623. MANDATE.
``The Accelerator shall make the United States a world
leader in combating the causes and effects of climate change
through the rapid deployment of mature technologies and
scaling of new technologies by maximizing the reduction of
emissions in the United States for every dollar deployed by
the Accelerator, including by--
``(1) providing financing support for investments in the
United States in low- and zero-emissions technologies and
processes in order to rapidly accelerate market penetration;
``(2) catalyzing and mobilizing private capital through
Federal investment and supporting a more robust marketplace
for clean technologies, while avoiding competition with
private investment;
``(3) enabling climate-impacted communities to benefit from
and afford projects and investments that reduce emissions;
``(4) providing support for workers and communities
impacted by the transition to a low-carbon economy;
``(5) supporting the creation of green banks within the
United States where green banks do not exist; and
``(6) causing the rapid transition to a clean energy
economy without raising energy costs to end users and seeking
to lower costs where possible.
``SEC. 1624. FINANCE AND INVESTMENT DIVISION.
``(a) In General.--There shall be within the Accelerator a
finance and investment division, which shall be responsible
for--
``(1) the Accelerator's greenhouse gas emissions mitigation
efforts by directly financing qualifying projects or doing so
indirectly by providing capital to State and local green
banks;
``(2) originating, evaluating, underwriting, and closing
the Accelerator's financing and investment transactions in
qualified projects;
``(3) partnering with private capital providers and capital
markets to attract coinvestment from private banks,
investors, and others in order to drive new investment into
underpenetrated markets, to increase the efficiency of
private capital markets with respect to investing in
greenhouse gas reduction projects, and to increase total
investment caused by the Accelerator;
``(4) managing the Accelerator's portfolio of assets to
ensure performance and monitor risk;
``(5) ensuring appropriate debt and risk mitigation
products are offered; and
``(6) overseeing prudent, noncontrolling equity
investments.
``(b) Products and Investment Types.--The finance and
investment division of the Accelerator may provide capital to
qualified projects in the form of--
``(1) senior, mezzanine, and subordinated debt;
``(2) credit enhancements including loan loss reserves and
loan guarantees;
``(3) aggregation and warehousing;
``(4) equity capital; and
``(5) any other financial product approved by the Board.
``(c) State and Local Green Bank Capitalization.--The
finance and investment division of the Accelerator shall make
capital available to State and local green banks to enable
such banks to finance qualifying projects in their markets
that are better served by a locally based entity, rather than
through direct investment by the Accelerator.
``(d) Investment Committee.--The debt, risk mitigation, and
equity investments made by the Accelerator shall be--
``(1) approved by the investment committee of the Board;
and
``(2) consistent with an investment policy that has been
established by the investment committee of the Board in
consultation with the risk management committee of the Board.
``SEC. 1625. START-UP DIVISION.
``There shall be within the Accelerator a Start-up
Division, which shall be responsible for providing technical
assistance and start-up funding to States and other political
subdivisions that do not have green banks to establish green
banks in those States and political subdivisions, including
by working with relevant stakeholders in those States and
political subdivisions.
``SEC. 1626. ZERO-EMISSIONS FLEET AND RELATED INFRASTRUCTURE
FINANCING PROGRAM.
``Not later than 1 year after the date of establishment of
the Accelerator, the Accelerator shall explore the
establishment of a program to provide low- and zero-interest
loans, up to 30 years in length, to any school, metropolitan
planning organization, or nonprofit organization seeking
financing for the acquisition of zero-emissions vehicle
fleets or associated infrastructure to support zero-emissions
vehicle fleets.
``SEC. 1627. PROJECT PRIORITIZATION AND REQUIREMENTS.
``(a) Emissions Reduction Mandate.--In investing in
projects that mitigate greenhouse gas emissions, the
Accelerator shall maximize the reduction of emissions in the
United States for every dollar deployed by the Accelerator.
``(b) Environmental Justice Prioritization.--
``(1) In general.--In order to address environmental
justice needs, the Accelerator shall, as applicable,
prioritize the provision of program benefits and investment
activity that are expected to directly or indirectly result
in the deployment of projects to serve, as a matter of
official policy, climate-impacted communities.
``(2) Minimum percentage.--The Accelerator shall ensure
that over the 30-year period of its charter 20 percent of its
investment activity is directed to serve climate-impacted
communities.
``(c) Consumer Protection.--
``(1) Prioritization.--Consistent with mandate under
section 1623 to maximize the reduction of emissions in the
United States for every dollar deployed by the Accelerator,
the Accelerator shall prioritize qualified projects according
to benefits conferred on consumers and affected communities.
``(2) Consumer credit protection.--The Accelerator shall
ensure that any residential energy efficiency or distributed
clean energy project in which the Accelerator invests
directly or indirectly complies with the requirements of the
Consumer Credit Protection Act (15 U.S.C. 1601 et seq.),
including, in the case of a financial product that is a
residential mortgage loan, any requirements of title I of
that Act relating to residential mortgage loans (including
any regulations promulgated by the Bureau of Consumer
Financial Protection under section 129C(b)(3)(C) of that Act
(15 U.S.C. 1639c(b)(3)(C))).
``(d) Labor.--
``(1) In general.--The Accelerator shall ensure that
laborers and mechanics employed by contractors and
subcontractors in construction work financed directly by the
Accelerator will be paid wages not less than those prevailing
on similar construction in the locality, as determined by the
Secretary of Labor under sections 3141 through 3144, 3146,
and 3147 of title 40, United States Code.
``(2) Project labor agreement.--The Accelerator shall
ensure that projects financed directly by the Accelerator
with total capital costs of $100,000,000 or greater utilize a
project labor agreement.
``SEC. 1628. BOARD OF DIRECTORS.
``(a) In General.--The Accelerator shall operate under the
direction of a Board of Directors, which shall be composed of
seven members.
``(b) Initial Composition and Terms.--
``(1) Selection.--The initial members of the Board shall be
selected as follows:
``(A) Appointed members.--Three members shall be appointed
by the President, with the advice and consent of the Senate,
of whom no more than two shall belong to the same political
party.
``(B) Elected members.--Four members shall be elected
unanimously by the three members appointed and confirmed
pursuant to subparagraph (A).
``(2) Terms.--The terms of the initial members of the Board
shall be as follows:
``(A) The three members appointed and confirmed under
paragraph (1)(A) shall have initial 5-year terms.
``(B) Of the four members elected under paragraph (1)(B),
two shall have initial 3-year terms, and two shall have
initial 4-year terms.
``(c) Subsequent Composition and Terms.--
``(1) Selection.--Except for the selection of the initial
members of the Board for their initial terms under subsection
(b), the members of the Board shall be elected by the members
of the Board.
``(2) Disqualification.--A member of the Board shall be
disqualified from voting for any position on the Board for
which such member is a candidate.
``(3) Terms.--All members elected pursuant to paragraph (1)
shall have a term of 5 years.
``(d) Qualifications.--The members of the Board shall
collectively have expertise in--
``(1) the fields of clean energy, electric utilities,
industrial decarbonization, clean transportation, resiliency,
and agriculture and forestry practices;
``(2) climate change science;
``(3) finance and investments; and
``(4) environmental justice and matters related to the
energy and environmental needs of climate-impacted
communities.
``(e) Restriction on Membership.--No officer or employee of
the Federal or any other level of government may be appointed
or elected as a member of the Board.
``(f) Quorum.--Five members of the Board shall constitute a
quorum.
``(g) Bylaws.--
``(1) In general.--The Board shall adopt, and may amend,
such bylaws as are necessary for the proper management and
functioning of the Accelerator.
``(2) Officers.--In the bylaws described in paragraph (1),
the Board shall--
``(A) designate the officers of the Accelerator; and
``(B) prescribe the duties of those officers.
``(h) Vacancies.--Any vacancy on the Board shall be filled
through election by the Board.
``(i) Interim Appointments.--A member elected to fill a
vacancy occurring before the expiration of the term for which
the predecessor of that member was appointed or elected shall
serve for the remainder of the term for which the predecessor
of that member was appointed or elected.
``(j) Reappointment.--A member of the Board may be elected
for not more than one additional term of service as a member
of the Board.
``(k) Continuation of Service.--A member of the Board whose
term has expired may continue to serve on the Board until the
date on which a successor member is elected.
``(l) Chief Executive Officer.--The Board shall appoint a
chief executive officer who shall be responsible for--
``(1) hiring employees of the Accelerator;
``(2) establishing the two divisions of the Accelerator
described in sections 1624 and 1625; and
``(3) performing any other tasks necessary for the day-to-
day operations of the Accelerator.
``(m) Advisory Committee.--
``(1) Establishment.--The Accelerator shall establish an
advisory committee (in this subsection referred to as the
`advisory committee'), which shall be composed of not more
than 13
[[Page H4862]]
members appointed by the Board on the recommendation of the
president of the Accelerator.
``(2) Members.--Members of the advisory committee shall be
broadly representative of interests concerned with the
environment, production, commerce, finance, agriculture,
forestry, labor, services, and State Government. Of such
members--
``(A) not fewer than three shall be representatives of the
small business community;
``(B) not fewer than two shall be representatives of the
labor community, except that no two members may be from the
same labor union;
``(C) not fewer than two shall be representatives of the
environmental nongovernmental organization community, except
that no two members may be from the same environmental
organization;
``(D) not fewer than two shall be representatives of the
environmental justice nongovernmental organization community,
except that no two members may be from the same environmental
organization;
``(E) not fewer than two shall be representatives of the
consumer protection and fair lending community, except that
no two members may be from the same consumer protection or
fair lending organization; and
``(F) not fewer than two shall be representatives of the
financial services industry with knowledge of and experience
in financing transactions for clean energy and other
sustainable infrastructure assets.
``(3) Meetings.--The advisory committee shall meet not less
frequently than once each quarter.
``(4) Duties.--The advisory committee shall--
``(A) advise the Accelerator on the programs undertaken by
the Accelerator; and
``(B) submit to the Congress an annual report with comments
from the advisory committee on the extent to which the
Accelerator is meeting the mandate described in section 1623,
including any suggestions for improvement.
``(n) Chief Risk Officer.--
``(1) Appointment.--Subject to the approval of the Board,
the chief executive officer shall appoint a chief risk
officer from among individuals with experience at a senior
level in financial risk management, who--
``(A) shall report directly to the Board; and
``(B) shall be removable only by a majority vote of the
Board.
``(2) Duties.--The chief risk officer, in coordination with
the risk management and audit committees established under
section 1631, shall develop, implement, and manage a
comprehensive process for identifying, assessing, monitoring,
and limiting risks to the Accelerator, including the overall
portfolio diversification of the Accelerator.
``SEC. 1629. ADMINISTRATION.
``(a) Capitalization.--
``(1) In general.--To the extent and in the amounts
provided in advance in appropriations Acts, the Secretary of
Energy shall transfer to the Accelerator--
``(A) $10,000,000,000 on the date on which the Accelerator
is established under section 1622; and
``(B) $2,000,000,000 on October 1 of each of the 5 fiscal
years following that date.
``(2) Authorization of appropriations.--For purposes of the
transfers under paragraph (1), there are authorized to be
appropriated--
``(A) $10,000,000,000 for the fiscal year in which the
Accelerator is established under section 1622; and
``(B) $2,000,000,000 for each of the 5 succeeding fiscal
years.
``(b) Charter.--The Accelerator shall establish a charter,
the term of which shall be 30 years.
``(c) Operational Funds.--To sustain operations, the
Accelerator shall manage revenue from financing fees,
interest, repaid loans, and other types of funding.
``(d) Report.--The Accelerator shall submit on a quarterly
basis to the relevant committees of Congress a report that
describes the financial activities, emissions reductions, and
private capital mobilization metrics of the Accelerator for
the previous quarter.
``(e) Restriction.--The Accelerator shall not accept
deposits.
``(f) Committees.--The Board shall establish committees and
subcommittees, including--
``(1) an investment committee; and
``(2) in accordance with section 1630--
``(A) a risk management committee; and
``(B) an audit committee.
``SEC. 1630. ESTABLISHMENT OF RISK MANAGEMENT COMMITTEE AND
AUDIT COMMITTEE.
``(a) In General.--To assist the Board in fulfilling the
duties and responsibilities of the Board under this subtitle,
the Board shall establish a risk management committee and an
audit committee.
``(b) Duties and Responsibilities of Risk Management
Committee.--Subject to the direction of the Board, the risk
management committee established under subsection (a) shall
establish policies for and have oversight responsibility
for--
``(1) formulating the risk management policies of the
operations of the Accelerator;
``(2) reviewing and providing guidance on operation of the
global risk management framework of the Accelerator;
``(3) developing policies for--
``(A) investment;
``(B) enterprise risk management;
``(C) monitoring; and
``(D) management of strategic, reputational, regulatory,
operational, developmental, environmental, social, and
financial risks; and
``(4) developing the risk profile of the Accelerator,
including--
``(A) a risk management and compliance framework; and
``(B) a governance structure to support that framework.
``(c) Duties and Responsibilities of Audit Committee.--
Subject to the direction of the Board, the audit committee
established under subsection (a) shall have oversight
responsibility for--
``(1) the integrity of--
``(A) the financial reporting of the Accelerator; and
``(B) the systems of internal controls regarding finance
and accounting;
``(2) the integrity of the financial statements of the
Accelerator;
``(3) the performance of the internal audit function of the
Accelerator; and
``(4) compliance with the legal and regulatory requirements
related to the finances of the Accelerator.
``SEC. 1631. OVERSIGHT.
``(a) External Oversight.--The inspector general of the
Department of Energy shall have oversight responsibilities
over the Accelerator.
``(b) Reports and Audit.--
``(1) Annual report.--The Accelerator shall publish an
annual report which shall be transmitted by the Accelerator
to the President and the Congress.
``(2) Annual audit of accounts.--The accounts of the
Accelerator shall be audited annually. Such audits shall be
conducted in accordance with generally accepted auditing
standards by independent certified public accountants who are
certified by a regulatory authority of the jurisdiction in
which the audit is undertaken.
``(3) Additional audits.--In addition to the annual audits
under paragraph (2), the financial transactions of the
Accelerator for any fiscal year during which Federal funds
are available to finance any portion of its operations may be
audited by the Government Accountability Office in accordance
with such rules and regulations as may be prescribed by the
Comptroller General of the United States.
``SEC. 1632. MAXIMUM CONTINGENT LIABILITY.
``The maximum contingent liability of the Accelerator that
may be outstanding at any time shall be not more than
$70,000,000,000 in the aggregate.''.
Subtitle E--Scientific Integrity
SEC. 12501. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) science and the scientific process should help inform
and guide public policy decisions on a wide range of issues,
including improvement of public health, protection of the
environment, and protection of national security;
(2) the public must be able to trust the science and
scientific process informing public policy decisions;
(3) science, the scientific process, and the communication
of science should be free from politics, ideology, and
financial conflicts of interest;
(4) policies and procedures that ensure the integrity of
the conduct and communication of publicly funded science are
critical to ensuring public trust;
(5) a Federal agency that funds, conducts, or oversees
research should not suppress, alter, interfere with, or
otherwise impede the timely communication and open exchange
of data and findings to other agencies, policymakers, and the
public of research conducted by a scientist or engineer
employed or contracted by a Federal agency that funds,
conducts, or oversees scientific research;
(6) Federal agencies that fund, conduct, or oversee
research should work to prevent the suppression or distortion
of the data and findings;
(7) under the First Amendment to the Constitution, citizens
of the United States have the right to ``petition the
government for a redress of grievances''; and
(8) Congress has further protected those rights under
section 7211 of title 5, United States Code, which states,
``the right of employees, individually or collectively, to
petition Congress or a member of Congress . . . may not be
interfered with or denied''.
SEC. 12502. AMENDMENT TO AMERICA COMPETES ACT.
Section 1009 of the America COMPETES Act (42 U.S.C. 6620)
is amended by striking subsections (a) and (b) and inserting
the following:
``(a) Scientific Integrity Policies.--
``(1) In general.--Not later than 90 days after the date of
enactment of the Scientific Integrity Act, the head of each
covered agency shall--
``(A) adopt and enforce a scientific integrity policy in
accordance with subsections (b) and (c); and
``(B) submit such policy to the Director of the Office of
Science and Technology Policy for approval.
``(2) Publication.--Not later than 30 days after the
Director of the Office of Science and Technology Policy
approves the scientific integrity policy under paragraph (1),
the head of each covered agency shall--
``(A) make such policy available to the public on the
website of the agency; and
``(B) submit such policy to the relevant Committees of
Congress.
``(b) Requirements.--A scientific integrity policy under
subsection (a)--
``(1) shall prohibit any covered individual from--
``(A) engaging in dishonesty, fraud, deceit,
misrepresentation, coercive manipulation, or other scientific
or research misconduct;
``(B) suppressing, altering, interfering with, delaying
without scientific merit, or otherwise impeding the release
and communication of, scientific or technical findings;
``(C) intimidating or coercing an individual to alter or
censor, attempting to intimidate or coerce an individual to
alter or censor, or retaliating against an individual for
failure to alter or censor, scientific or technical findings;
or
[[Page H4863]]
``(D) implementing an institutional barrier to cooperation
with scientists outside the covered agency and the timely
communication of scientific or technical findings;
``(2) shall allow a covered individual to--
``(A) disseminate scientific or technical findings, subject
to existing law, by--
``(i) participating in scientific conferences; and
``(ii) seeking publication in online and print publications
through peer-reviewed, professional, or scholarly journals;
``(B) sit on scientific advisory or governing boards;
``(C) join or hold leadership positions on scientific
councils, societies, unions, and other professional
organizations;
``(D) contribute to the academic peer-review process as
reviewers or editors; and
``(E) participate and engage with the scientific community;
``(3) may require a covered individual to, before
disseminating scientific or technical findings as described
in paragraph (2)(A), submit such findings to the agency for
the purpose of review by the agency of the data and findings
for technical accuracy if the scientific integrity policy
outlines a clear and consistent process for such review; and
``(4) shall require that--
``(A) scientific conclusions are not made based on
political considerations;
``(B) the selection and retention of candidates for science
and technology positions in the covered agency are based
primarily on the candidate's expertise, scientific
credentials, experience, and integrity;
``(C) personnel actions regarding covered individuals,
except for political appointees, are not taken on the basis
of political consideration or ideology;
``(D) covered individuals adhere to the highest ethical and
professional standards in conducting their research and
disseminating their findings;
``(E) the appropriate rules, procedures, and safeguards are
in place to ensure the integrity of the scientific process
within the covered agency;
``(F) scientific or technological information considered in
policy decisions is subject to well-established scientific
processes, including peer review where appropriate;
``(G) procedures, including procedures with respect to
applicable whistleblower protections, are in place as are
necessary to ensure the integrity of scientific and
technological information and processes on which the covered
agency relies in its decision making or otherwise uses; and
``(H) enforcement of such policy is consistent with the
processes for an administrative hearing and an administrative
appeal.
``(c) Implementation.--In carrying out subsection (a), the
head of each covered agency shall--
``(1) design the scientific integrity policy to apply with
respect to the covered agency;
``(2) ensure that such policy is clear with respect to what
activities are permitted and what activities are not
permitted;
``(3) ensure that there is a process for individuals not
employed or contracted by the agency, including grantees,
collaborators, partners, and volunteers, to report violations
of the scientific integrity policy;
``(4) enforce such policy uniformly throughout the covered
agency; and
``(5) make such policy available to the public, employees,
private contractors, and grantees of the covered agency.
``(d) Scientific Integrity Officer.--Not later than 90 days
after the date of enactment of this Act, each covered agency
shall appoint a Scientific Integrity Officer, who shall--
``(1) be a career employee at the covered agency in a
professional position;
``(2) have technical knowledge and expertise in conducting
and overseeing scientific research;
``(3) direct the activities and duties described in
subsections (e), (f), and (g); and
``(4) work closely with the inspector general of the
covered agency, as appropriate.
``(e) Administrative Process and Training.--Not later than
180 days after the date of enactment of this Act, the head of
each covered agency shall establish--
``(1) an administrative process and administrative appeal
process for dispute resolution consistent with the scientific
integrity policy of the covered agency adopted under
subsection (a); and
``(2) a training program to provide--
``(A) regular scientific integrity and ethics training to
employees and contractors of the covered agency;
``(B) new covered employees with training within one month
of commencing employment;
``(C) information to ensure that covered individuals are
fully aware of their rights and responsibilities regarding
the conduct of scientific research, publication of scientific
research, and communication with the media and the public
regarding scientific research; and
``(D) information to ensure that covered individuals are
fully aware of their rights and responsibilities for
administrative hearings and appeals established in the
covered agency's scientific integrity policy.
``(f) Reporting.--
``(1) Annual report.--Each year, each Scientific Integrity
Officer appointed by a covered agency under subsection (d)
shall post an annual report on the public website of the
covered agency that includes, for the year covered by the
report--
``(A) the number of complaints of misconduct with respect
to the scientific integrity policy adopted under subsection
(a)--
``(i) filed for administrative redress;
``(ii) petitioned for administrative appeal; and
``(iii) still pending from years prior to the year covered
by the report, if any;
``(B) an anonymized summary of each such complaint and the
results of each such complaint; and
``(C) any changes made to the scientific integrity policy.
``(2) Incident report.--
``(A) In general.--Not later than 30 days after the date on
which an incident described in subparagraph (B) occurs, the
head of a covered agency shall submit a report describing the
incident to the Office of Science and Technology Policy and
the relevant Committees of Congress.
``(B) Incident.--An incident described under this paragraph
is an incident in which an individual, acting outside the
channels established under subsection (e), overrules the
decision of the Scientific Integrity Officer with respect to
a dispute regarding a violation of the scientific integrity
policy.
``(g) Office of Science and Technology Policy.--The
Director of the Office of Science and Technology Policy
shall--
``(1) collate, organize, and publicly share all information
it receives under subsection (f) in one place on its own
website; and
``(2) on an annual basis, convene the Scientific Integrity
Officer of each covered agency appointed under subsection (d)
to discuss best practices for implementing the requirements
of this section.
``(h) Periodic Review and Approval.--
``(1) Internal review.--The head of each covered agency
shall periodically conduct a review of the scientific
integrity policy and change such policy as appropriate.
``(2) Review by the office of science and technology
policy.--
``(A) Review of substantial updates.--The head of each
covered agency shall submit to the Office of Science and
Technology Policy for approval any substantial changes to the
scientific integrity policy.
``(B) Quinquennial review.--Not later than 5 years after
the date of the enactment of the Clean Economy Jobs and
Innovation Act, and quinquennially thereafter, the head of
each covered agency shall submit the scientific integrity
policy to the Office of Science and Technology Policy for
review and approval.
``(i) Comptroller General Review.--Not later than 2 years
after the date of the enactment of the Clean Economy Jobs and
Innovation Act, the Comptroller General shall conduct a
review of the implementation of the scientific integrity
policy by each covered agency.
``(j) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term in section 551 of title 5, United States Code.
``(2) Covered agency.--The term `covered agency' means an
agency that funds, conducts, or oversees scientific research.
``(3) Covered individual.--The term `covered individual'
means a Federal employee or contractor who--
``(A) is engaged in, supervises, or manages scientific
activities;
``(B) analyzes or publicly communicates information
resulting from scientific activities; or
``(C) uses scientific information or analyses in making
bureau, office, or agency policy, management, or regulatory
decisions.
``(4) Relevant committees of congress.--The term `relevant
Committees of Congress' means--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(B) the Committee on Science, Space, and Technology of
the House of Representatives.''.
SEC. 12503. EXISTING POLICIES; CLARIFICATION.
(a) Existing Scientific Integrity Policies.--
Notwithstanding the amendments made by this subtitle, a
covered agency's scientific integrity policy that was in
effect on the day before the date of enactment of this Act
may satisfy the requirements under the amendments made by
this subtitle if the head of the covered agency--
(1) makes a written determination that the policy satisfies
such requirements; and
(2) submits the written determination and the policy to the
Director of the Office of Science and Technology Policy for
review and approval.
(b) Clarification.--Nothing in this subtitle shall affect
the application of United States copyright law.
(c) Covered Agency Defined.--The term ``covered agency''
has the meaning given the term in section 1009 of the America
COMPETES Act (42 U.S.C. 6620).
Subtitle F--Other Matters
SEC. 12601. AUTHORIZATION.
Section 112(a)(1)(B) of the Uranium Mill Tailings Radiation
Control Act of 1978 (42 U.S.C. 7922(a)(1)(B)) is amended by
striking ``September 30, 2023'' and inserting ``September 30,
2031''.
SEC. 12602. 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.
[[Page H4864]]
``(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--
``(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. 12603. OFFICE OF PUBLIC PARTICIPATION.
Section 319 of the Federal Power Act (16 U.S.C. 825q-1) is
amended--
(1) in subsection (a)(1), by inserting ``, to facilitate
communication with the public relating to, and participation
by the public in, matters under the jurisdiction of the
Commission, including under this Act and the Natural Gas
Act'' before the period at the end;
(2) in subsection (b), by striking paragraph (4) and
inserting the following:
``(4) The Office shall promote, through outreach,
publications, and, as appropriate, direct communication with
entities regulated by the Commission--
``(A) improved compliance with rules and orders of the
Commission; and
``(B) public participation in matters before the
Commission.
``(5) The Director may assign staff to intervene, appear,
and participate in administrative, regulatory, or judicial
proceedings on behalf of individuals or entities intervening
or participating, or proposing to intervene or participate,
in proceedings before the Commission by representing the
interests of such individuals or entities on any matter
before the Commission.
``(6) The Office shall advocate for, and act as a liaison
with, environmental justice communities on matters under the
jurisdiction of the Commission.''; and
(3) by adding at the end the following:
``(c) Funding.--Funding for the Office shall be derived
from fees and charges collected under section 3401 of the
Omnibus Budget Reconciliation Act of 1986.
``(d) Definitions.--In this section:
``(1) Community of color.--The term `community of color'
means any geographically distinct area the population of
color of which is higher than the average population of color
of the State in which the community is located.
``(2) Environmental justice community.--The term
`environmental justice community' means a community with
significant representation of communities of color, low-
income communities, or indigenous communities, that
experiences, or is at risk of experiencing, higher or more
adverse human health or environmental effects.
``(3) Indigenous community.--The term `indigenous
community' means--
``(A) a federally recognized Indian Tribe;
``(B) a State-recognized Indian Tribe;
``(C) an Alaska Native or Native Hawaiian community or
organization; and
``(D) any other community of indigenous people.
``(4) Low-income community.--The term `low-income
community' means any census block group in which 30 percent
or more of the population are individuals with low income.
``(5) Population of color.--The term `population of color'
means a population of individuals who identify as--
``(A) Black;
``(B) African American;
``(C) Asian;
``(D) Pacific Islander;
``(E) another non-White race;
``(F) Hispanic;
``(G) Latino; or
``(H) linguistically isolated.''.
SEC. 12604. BACKGROUND OZONE RESEARCH.
(a) Study on Background Ozone Research Needs.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall seek to enter 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 conduct a study on
the current and future research needs regarding background
ozone. The study shall--
(A) propose a framework of standard terms and definitions
for types of non-local ground level ozone, including types of
background ozone, to standardize research on ground-level
ozone;
(B) examine the current understanding of background sources
of ozone and the contribution of such sources to ground-level
ozone in the United States to identify gaps in knowledge that
need to be addressed with additional research;
(C) examine challenges in quantifying the sources of
background ozone and the contributions of each such source to
ground-level ozone on a regional scale in the United States
and identifies specific research needs to address these
challenges;
(D) include an outline of a plan for a research and
development program, including specifications for costs,
timeframes, and responsible agencies, to support analysis and
demonstration of background ozone trends, including by--
(i) improving collection and observational infrastructure;
(ii) improving confidence in model outputs;
(iii) reducing uncertainties in estimates of background
ozone; and
(iv) making background ozone research outputs more useful
and accessible to decision-makers; and
(E) identify opportunities for international engagement
that may facilitate increased research collaborations that
improve understanding of ozone trends.
(2) Report.--As a condition of any agreement under
subsection (a), the Administrator shall require that the
National Academies transmit to Congress a report on the
results of the study under subsection (a) not later than 24
months after the date on which such agreement is finalized.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $1,200,000.
SEC. 12605. SMOKE PLANNING AND RESEARCH.
(a) Research on Wildfire Smoke.--
(1) Centers of excellence.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency (referred to in this subsection as the
``Administrator'') shall establish at institutions of higher
education 4 centers, each of which shall be known as a
``Center of Excellence for Wildfire Smoke'', to carry out
research relating to--
(i) the effects on public health of smoke emissions from
wildland fires; and
[[Page H4865]]
(ii) means by which communities can better respond to the
impacts of emissions from wildland fires.
(B) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
paragraph $10,000,000 for each of fiscal years 2021 through
2025.
(2) Research.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall carry out
research--
(i) to study the health effects of smoke emissions from
wildland fires;
(ii) to develop and disseminate personal and community-
based interventions to reduce exposure to and adverse health
effects of smoke emissions from wildland fires;
(iii) to increase the quality of smoke monitoring and
prediction tools and techniques; and
(iv) to develop implementation and communication
strategies.
(B) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
paragraph $20,000,000 for each of fiscal years 2021 through
2025.
(b) Community Smoke Planning.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a
competitive grant program to assist eligible entities
described in paragraph (2) in developing and implementing
collaborative community plans for mitigating the impacts of
smoke emissions from wildland fires.
(2) Eligible entities.--An entity that is eligible to
submit an application for a grant under paragraph (1) is--
(A) a State;
(B) a unit of local government (including any special
district, such as an air quality management district or a
school district); or
(C) an Indian Tribe.
(3) Applications.--To be eligible to receive a grant under
paragraph (1), an eligible entity described in paragraph (2)
shall submit to the Administrator an application at such
time, in such manner, and containing such information as the
Administrator may require.
(4) Technical assistance.--The Administrator may use
amounts made available to carry out this subsection to
provide to eligible entities described in paragraph (2)
technical assistance in--
(A) submitting grant applications under paragraph (3); or
(B) carrying out projects using a grant under this
subsection.
(5) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
subsection $50,000,000 for each of fiscal years 2021 through
2025.
SEC. 12606. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. The bill, as amended, shall be debatable for
90 minutes equally divided among and controlled by the chair and
ranking minority member of the Committee on Energy and Commerce and the
chair and ranking minority member of the Committee on Science, Space,
and Technology.
The gentleman from New Jersey (Mr. Pallone), the gentleman from
Michigan (Mr. Upton), the gentlewoman from Texas (Ms. Johnson), and the
gentleman from Oklahoma (Mr. Lucas) each will control 22\1/2\ minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. PALLONE. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and add extraneous material on H.R. 4447, the Clean Economy Jobs and
Innovation Act.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. PALLONE. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in strong support of the Clean Economy Jobs and
Innovation Act. This bill is a comprehensive package that will spur
clean energy innovation, electrify our transportation sector, make
homes and businesses more energy efficient, and modernize our electric
grid.
The Clean Economy Jobs and Innovation Act presents practical and
achievable clean energy policies that are possible for us to achieve
this year. This legislation lays the groundwork for important and
comprehensive future climate policy.
The main goal of this energy package is to move provisions we believe
have a chance at becoming law this Congress after negotiations with the
Senate. Senators Murkowski and Manchin, who lead the Senate Energy and
Natural Resources Committee, have been working on their own energy
package in the Senate.
H.R. 4447 sets new energy efficiency standards for buildings and
funds grants to local communities for more efficient schools, homes,
and municipal buildings. This is an inexpensive way to save energy and
reduce electricity bills for homeowners and businesses, and it has
broad support.
This legislation also supports the development and deployment of
clean, renewable, and distributed resources, like solar and wind
energy, which are crucial to reducing our dependency on fossil fuels.
It also supports the transmission projects needed to move clean energy
around the country.
Prior to the COVID-19 pandemic, the clean energy sector was booming.
Last year, clean energy jobs grew at twice the rate of overall jobs,
and as of January, more than 3 million Americans were employed in these
jobs. It is critical that the clean energy industry recover this same
momentum to secure America's clean energy leadership.
These investments will result in new, good-paying American jobs all
across the country. Every million dollars invested in clean energy and
energy efficiency produces seven to eight jobs. That is roughly three
times as many as investment in fossil fuels.
The transition to a clean energy future also depends upon upgrading
our transportation infrastructure to support and encourage the adoption
of electric vehicles, or EVs. This legislation invests more than $36
billion to help speed up the electrification of our transportation
sector and make EVs an option for more communities. It also authorizes
funding for clean school buses, electric vehicle charging equipment,
and other zero-emission vehicle programs.
Madam Speaker, this legislation also addresses environmental justice
by establishing and reauthorizing grant programs for impacted
communities to better participate in the environmental decisions in
their backyards. It also increases information sharing so communities
can be better informed about the risks in their neighborhoods. And it
updates the Civil Rights Act of 1964 to increase opportunities for
legal relief. This is a critical start to addressing the
disproportionate burden faced by environmental justice communities
around the Nation.
Finally, Madam Speaker, this legislation includes a critical
bipartisan provision that phases out the use of hydrofluorocarbons, a
super pollutant.
It has strong support on both sides of the aisle, including
environmental and public health groups, the entire heating and cooling
industry, the Chamber of Commerce, and the National Association of
Manufacturers. It is one of the most important steps we can take now to
create manufacturing jobs and boost our competitiveness while
protecting our environment.
I close by thanking the Energy Subcommittee Chairman Rush for his
leadership in moving many of the bills included in this package through
the Energy and Commerce Committee, many with strong bipartisan support.
I also thank Chairwoman Eddie Bernice Johnson and Chairman Grijalva for
their critical contributions to this package and also Representative
Tom O'Halleran for being the bill's lead sponsor.
Madam Speaker, I encourage all of my colleagues to support this
legislation that will modernize our energy system, create jobs, and
take positive steps toward addressing the climate crisis.
Madam Speaker, I reserve the balance of my time.
Committee on Science, Space, and Technology, House of
Representatives,
Washington, DC, September 15, 2020.
Hon. Frank Pallone, Jr.,
Chairman, Committee on Energy and Commerce,
Washington, DC.
Dear Chairman Pallone: I am writing you concerning H.R.
4447, the ``Expanding Access to Sustainable Energy Act of
2019,'' which was referred to the Committee on Energy and
Commerce and then to the Committee on Science, Space, and
Technology (``Science Committee'') on September 20, 2019.
As a result of our consultation, I agree to work
cooperatively on H.R. 4447 and in order to expedite
consideration of the bill the Science Committee will waive
formal consideration of this legislation. However, this is
not a waiver of any future jurisdictional claims by the
Science Committee over the
[[Page H4866]]
subject matter contained in H.R. 4447 or similar legislation.
I also request that you support my request to name members of
the Science Committee to any conference committee to consider
this legislation.
Additionally, thank you for your assurances to include a
copy of our exchange of letters on this matter in the
committee report for H.R. 4447 and in the Congressional
Record during floor consideration thereof.
Sincerely,
Eddie Bernice Johnson,
Chairwoman, Committee on Science,
Space, and Technology.
____
Committee on Energy and Commerce, House of
Representatives,
Washington, DC, September 15, 2020.
Hon. Eddie Bernice Johnson,
Chairwoman, Committee on Science, Space, and Technology,
Washington, DC.
Dear Chairwoman Johnson: Thank you for consulting with the
Committee on Energy and Commerce and agreeing to discharge
H.R. 4447, the Expanding Access to Sustainable Energy Act of
2019, from further consideration, so that the bill may
proceed expeditiously to the House floor.
I agree that your forgoing further action on this measure
does not in any way diminish or alter the jurisdiction of
your committee or prejudice its jurisdictional prerogatives
on this measure or similar legislation in the future. I would
support your effort to seek appointment of an appropriate
number of conferees from your committee to any House-Senate
conference on this legislation.
I will ensure our letters on H.R. 4447 are entered into the
Congressional Record during floor consideration of the bill.
I appreciate your cooperation regarding this legislation and
look forward to continuing to work together as this measure
moves through the legislative process.
Sincerely,
Frank Pallone, Jr.,
Chairman.
Mr. UPTON. Madam Speaker, I yield myself 1\1/2\ minutes.
Madam Speaker, I join my colleagues to express my disappointment in
how this bill came together, without regular order and ignoring input
from really any Republicans. This is not the way to get things done in
divided government or signed into law, and the statement that the White
House submitted opposing the bill makes that very clear.
I am disappointed because we had the opportunity to do things the
right way in the committee through bipartisanship. But unfortunately,
the majority set aside our tradition of bipartisanship in favor of a
messaging bill and election year politics. Instead of working through
the rough issues and reporting a bill that we could all be proud of,
the majority took the easy road and cobbled together a wish list bill.
They drafted it behind closed doors, didn't release it for members to
see until the very last minute, and so just now, in fact, they had to
introduce a new manager's amendment in the final hour to make the
corrections and add the new language.
We Republicans offered a lot of amendments to try and improve the
bill, but the Rules Committee did not allow such things to happen. Our
amendments to invest in technological innovation and clean energy will
not even get a debate. My amendment, to reauthorize the Nation's
pipeline safety program and strengthen our workforce of pipeline safety
inspectors, was also rejected. How can we be opposed to pipeline
safety?
I have a number of concerns about the underlying bill, and many of
the Democratic amendments which I think are likely to pass, but I share
the concern that H.R. 4447 will lead to higher energy costs and
discourage innovation. This bill is going to lead to fewer choices for
consumers when it comes to home heating, appliances, and energy
providers.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. UPTON. Madam Speaker, I yield myself another 10 seconds.
Madam Speaker, I am also alarmed by the provisions that will
encourage frivolous lawsuits, lead to permitting delays and even more
Federal mandates and regulations.
So as we rebuild after the COVID pandemic, we should stay focused on
reducing barriers to growth rather than creating more hurdles as this
bill does.
Madam Speaker, I reserve the balance of my time.
Mr. PALLONE. Madam Speaker, I yield 2 minutes to the gentleman from
New York (Mr. Tonko), who is the chairman of the Environment and
Climate Change Subcommittee.
Mr. TONKO. Madam Chair, I thank the gentleman from New Jersey for
yielding.
Madam Speaker, I begin by thanking Chairs Pallone, Johnson, and
Grijalva for all of their hard work on this package.
I have no delusions that this bill will solve climate change, but it
can play a meaningful role in deploying clean energy and energy
efficiency while supporting improvements and cost reductions in
technologies that we are going to need to achieve our decarbonization
goals.
This package does not have everything in it that I would have wanted.
However, my threshold for support is not whether it is perfect. The
questions are: Would it be a net positive? Would it hasten our
transition to clean energy? Would it play a role, even a modest one, in
reducing climate and traditional pollution? And would it create new
American jobs?
I think the answer to each of these questions is an obvious yes.
This package is going to allow us to weatherize more low-income
Americans' homes, build more EV charging infrastructure, and codify
important environmental justice requirements, which have been ignored
for the past 4 years.
It includes bills I have authored to support the Department of
Energy's Office of Wind, to streamline the permitting process for
distributed energy resources, and to ensure that the research dollars
we authorize are protected by strong, scientific integrity policies.
It also includes the American Innovation and Manufacturing Leadership
Act, bipartisan legislation that directs EPA to phase down
hydrofluorocarbons, highly potent greenhouse gasses, by some 85 percent
over 15 years.
It will position the United States to lead the world in the
transition to next-generation refrigerants, create 33,000 manufacturing
jobs, and ensure we do our part to avoid up to one-half degree Celsius
in global warming before the end of this century.
While I am encouraged that the Senate has reached agreement on HFCs,
we are still reviewing the details. But I want to make certain that
this provision is in those future negotiations. I look forward to
continuing the discussions with our Senate counterparts and getting the
goals of this language enacted.
This bill isn't perfect, but with all the political uncertainty, this
is a package we can take to the Senate and fight for important clean
energy wins to be enacted this year. The clean energy transition cannot
wait, and neither should we.
I am eager to work with any Member of this Chamber on future
legislation that is bold, ambitious, and rises to the scale of the
climate crisis.
Mr. UPTON. Madam Speaker, I yield 5 minutes to the gentleman from
Illinois (Mr. Shimkus), the top Republican on the Environment
Subcommittee.
Mr. SHIMKUS. Madam Speaker, I thank the gentleman for yielding. It is
great to be with my friends on the floor.
I saw an E&E story earlier this week titled ``House divided over
impact, wisdom of clean energy bill.'' Where but in D.C. can you take
an 8-page bill and turn it into a 900-page bill? Not only that, it
authorizes $135 billion with no offsets, and it divides your own
Caucus? You can't outspend some Democrats.
When I testified against this bill at the Rules Committee on Monday,
my friend Chairman Pallone kept making the point that all he wanted to
do was get to a conference with the Senate. Congressman Tom Cole
asked if the House position wouldn't be stronger with a bipartisan
bill? I think the answer is yes, it would, but that is not what we have
here today.
Let me debunk this myth of bipartisanship. There are 38 bills from
the Energy and Commerce Committee in this package, 38. Committee
Republicans are neutral on four of them, and we support 11 and either
oppose or have serious concerns with the remaining 23.
Of those 38 bills, we had no regular order on 15 of them. The
chairman used to beat us about the head and shoulders about regular
order. And I know this is an irregular time, but 15 of these bills had
no regular order, no hearing, no subcommittee mark, and no full
committee mark. Only two had legislative hearings.
[[Page H4867]]
Even worse, at least three of the bills included were bipartisan
deals that passed the committee or the House, and then Democrats went
back on those deals and changed the language. Now we find out that an
environmental stressors title was added in the manager's amendment that
received no deliberation in the committee.
But let me outline a few problems other than size, cost, and process,
if that is not enough.
Instead of removing barriers to pipelines and transmission lines,
this bill inserts new review criteria to infrastructure permitting
decisions. These provisions don't just target fossil fuels; they delay
deployment of the green energy Democrats say they want
The RPM Act included in this bill allows the EPA to establish a new
Federal registry to monitor sales, track parts, and aid enforcement
against not just race cars, but every car and truck on the road.
The included HFC provisions totally and disingenuously flaunt the
Interstate Commerce Clause by failing to preempt State laws. The
included accelerator provisions invite activists to further change the
HFC standards through the EPA. The 5-year essential use exemption for
products like asthma inhalers, fire suppression systems, and self-
defense sprays is laughable when you find out that this exemption does
not even become available until 2034, after HFCs have become less
available and more expensive.
The Blue Collar to Green Collar energy workforce grant program
included in this bill excludes eligibility for not just fossil fuels
but nuclear energy. So not only would a rush to green put people out of
work, this grant program would fail to provide equal opportunities for
the biggest zero-emission energy sector.
Let the buyer beware. This rush to green is exactly what the State of
California has done to their electricity grid.
{time} 1645
What do you see? We see rolling blackouts and we see higher costs.
In this environmental justice world, it is a government-mandated
injustice to poor communities, poor communities that already spend a
higher percentage of their income on energy costs and will face even
higher costs and with less reliability and, with that, less opportunity
with the direction that this package takes us.
This is very, very unfortunate.
Mr. PALLONE. Madam Speaker, I yield 2 minutes to the gentlewoman from
California (Ms. Eshoo), the chair of our Health Subcommittee.
Ms. ESHOO. Madam Speaker, I thank the chairman of the Energy and
Commerce Committee for his leadership and for what is being brought to
the floor today.
I am very pleased to be here in support of the Clean Economy Jobs and
Innovation Act. I think this is exactly what our country needs. It is
looking into the future and saying this is the way we are going to
shape it, that America will become a leader innovatively relative to
clean air and clean jobs, good-paying jobs.
So this is something that is needed for our country: to promote clean
energy and energy efficiency; to protect our planet, which is really
facing an existential threat from the warming of the climate.
I remember many years ago, Madam Speaker, as there was a debate going
on at the Energy and Commerce Committee, I listened to both sides. They
were going back and forth. There were clear differences.
So, when it was my turn to speak, I said, ``Remember this: I will see
you on the floor,'' meaning that something was going to happen in
someone's district where there was accelerated flooding, accelerated
fires, more powerful hurricanes and tornadoes, and then we have to come
to the floor to clean up and try to repair and rehabilitate
communities. So this is about our collective future.
Those who question the existence of climate change need only look to
California, where 10 of the 20 largest wildfires on record occurred in
the last decade, including 5 this year alone.
Our planet is sounding the alarm, and Congress needs to lead, respond
to this, take it seriously, and be willing to change. Now, without
action, we know what is going to happen.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. PALLONE. Madam Speaker, I yield an additional 30 seconds to the
gentlewoman from California.
Ms. ESHOO. Madam Speaker, I appreciate the gentleman yielding me the
additional time.
Madam Speaker, I am pleased that today's package includes my
legislation, the Smoke Planning and Research Act.
I talked about the fires, but what everyone needs to understand is
what is so deadly about the wildfire smoke. The poisonous particulates
are very dangerous for children because their lungs are still
developing, very dangerous for seniors, very dangerous for anyone to
breathe, because it is a form of poison.
We know that the smoke travels not only hundreds of miles, but
thousands of miles.
So this legislation funds the EPA and leading universities to study
the public health effects of wildfire smoke, and I am so pleased that
it is in the bill.
Madam Speaker, I want to thank the chairman for including it. I also
want to thank Speaker Pelosi, who saw the merits of addressing this
particular issue, and that it is, today, part of this critically needed
clean energy package.
Mr. UPTON. Madam Speaker, I yield 3 minutes to the gentleman from
Ohio (Mr. Latta).
Mr. LATTA. Madam Speaker, I thank the gentleman, my good friend from
Michigan, for yielding.
Madam Speaker, I rise in opposition to H.R. 4447, which represents a
missed opportunity to advance true bipartisan policies that would
secure our Nation's energy future.
America's innovators have shown over the past 15 years that they are
capable of spurring economic growth and reducing emissions as long as
the United States has a regulatory environment that is conducive to the
development and deployment of new technologies.
In fact, according to an April EPA report, national greenhouse gas
emissions have fallen by 10 percent since 2005 and power sector
emissions have fallen by 27 percent while, during the same period, our
economy grew by 25 percent. Unfortunately, H.R. 4447 would do nothing
to cultivate the necessary regulatory environment to continue to build
on these accomplishments.
Another reason to be concerned about this bill is the price tag. At a
time when our country is seeing record budget deficits, how has the
majority chosen to respond? By spending over $135 billion in taxpayer
funds on partisan energy mandates that pick winners and losers.
Finally, my Republican colleagues and I offered amendments to improve
this bill. My amendment would have authorized the establishment and
operation of a uranium reserve to assure its availability in the event
of a market disruption and to support strategic fuel cycle capabilities
in the United States. This policy would result in lower carbon
emissions, new jobs, and a more secure world.
Unfortunately, the majority ruled against this amendment, as well as
those offered by my Republican colleagues on the Energy and Commerce
Committee that would have ensured the American people would have access
to affordable and reliable sources of energy.
Madam Speaker, I urge my colleagues to oppose this partisan
legislation.
Mr. PALLONE. Madam Speaker, I yield 1 minute to the gentleman from
Maryland (Mr. Hoyer), our majority leader, who has prioritized this
bill and shepherded it to the floor.
Mr. HOYER. Madam Speaker, I thank the chair of the committee for his
focus and hard work on behalf of our environment and on behalf of
reversing climate change and on behalf of the health and welfare of the
American people.
The global climate crisis is one of the greatest challenges of our
time. We must confront climate change, and an essential part of that is
investing in clean energy innovation.
This alone is certainly not going to be enough to address the climate
crisis we face, but it is a critical step forward that we can and must
take now. That is why House Democrats are bringing forward the Clean
Economy Jobs and Innovation Act today.
I am sorry this is not a bipartisan bill because, like COVID-19,
climate
[[Page H4868]]
change is not a partisan issue. It should not be a partisan issue.
This legislation represents progress in the fight against the climate
crisis. It represents a significant investment in clean energy
infrastructure and job creation.
In addition to investing in clean energy production, distribution,
and storage, this legislation sets new energy efficiency standards--I
believe my Republican colleagues are for that; I hope they are for
that--for buildings and provides funding for homes, schools,
manufacturing facilities, and public buildings to upgrade and improve
energy efficiency. That is in everybody's best interests.
This bill makes bold investments in wind and solar and advanced
nuclear technologies, of which I am a very strong supporter, and in
helping to decarbonize the fossil fuel sector.
If we hope to meet the targets that climate scientists say are
necessary to avoid the most catastrophic consequences of climate
change, many of which we are seeing as we speak today on the floor of
this House, we are going to need to employ all of these technologies.
Recognizing the need to fight for environmental justice, the Clean
Economy Jobs and Innovation Act prioritizes the needs of those living
on the front lines of the climate crisis, including minority, Tribal,
and low-income communities. They can't protect themselves. They don't
have the dollars to do so. It is up to us to make sure that they are
protected.
We are also creating a clean energy workforce development program,
championed by my dear friend Bobby Rush, to train workers to succeed
and help America lead the clean energy revolution.
While the Trump administration cedes the race to being a world
leader, withdrawing from all the other nations of the world that have a
consensus that we need to deal with climate change and we need to deal
with it together, we withdraw from that agreement.
We need to make sure that we continue to be a world leader in the
clean energy economy to our foreign competitors. This bill seizes the
moment and takes advantage of the economic opportunities that come from
taking a bold approach to the global climate crisis. House Democrats
recognize that you can't lead the clean energy economy if you refuse to
believe that cleaner energy is necessary.
Until we get serious about the dangers of the climate crisis, America
will be unable to take advantage of its economic opportunities. That is
why, Madam Speaker, this bill is so very important and why I am urging
all of my colleagues to join in supporting it.
Madam Speaker, I thank Chairman Frank Pallone of the Energy and
Commerce Committee; Chairwoman Eddie Bernice Johnson of the Science,
Space, and Technology Committee; and Chairman Raul Grijalva of the
Natural Resources Committee for working so hard to bring this
legislation together and advance it to the floor.
Many of these bills that are incorporated here, I think, have
Republican support, and this bill ought to have Republican support.
Madam Speaker, I thank all the Democratic members of those committees
and Republicans who tried to work constructively and the bill sponsors
for their hard work and contributions to this legislation.
Today, the Democratic-led House, Madam Speaker, is doing its job for
the people by supporting the development of a clean energy economy and
taking important steps to tackle the climate crisis in a serious way
that creates jobs and opportunities for our workers.
During the civil rights era, there was a movie, ``Mississippi
Burning.'' It had an effect of us addressing systemic racism in
America.
Now, much of America, millions of acres, are burning at historic
levels. Storms in the Gulf are occurring at historic levels. Storms in
the Atlantic along the Atlantic Coast and twisters in the Midwest are
occurring at historic levels. It is not appropriate for us to say, as
the President said on COVID-19 and the deaths that occurred, ``It is
what it is.''
We are here, Madam Speaker, because, when we see that what it is is
not right, we ought to act, and that is what we are doing.
Madam Speaker, I hope my colleagues will vote ``yes'' for a cleaner
environment, a safer environment, a healthier environment, and a more
prosperous and successful America.
Mr. UPTON. Madam Speaker, I yield 2 minutes to the gentleman from
West Virginia (Mr. McKinley).
Mr. McKINLEY. Madam Speaker, I thank Chairman Upton for yielding.
Well, Madam Speaker, here we go again: another partisan bill that
leadership contends will save the environment. But last week, experts
testified that it will not prevent wildfires on the West Coast,
droughts in the Midwest, or hurricanes on the East Coast. This is just
another effort to gin up the liberal base and divide the House before
the election.
But what the bill does do is it creates uncertainty, increases
consumer costs, and jeopardizes national security.
Madam Speaker, I thought we were here to find solutions for the
environment, but apparently not.
The majority is deliberately misleading the American public with this
legislation. Have they no shame? Remember, this bill will not prevent
wildfires, droughts, or hurricanes.
Madam Speaker, Congress can do better. America deserves better.
{time} 1700
Mr. PALLONE. Madam Speaker, I yield 2 minutes to the gentlewoman from
Florida (Ms. Castor), who chairs the Select Committee on Climate Crisis
and is also a member of the Energy and Commerce Committee.
Ms. CASTOR of Florida. Madam Speaker, I thank Chairman Pallone for
yielding me the time.
We are in the grips of a climate crisis, a climate emergency, and
time is running out. Time is running out to avoid the worst
consequences of a heating planet. Time is running out to avoid the
escalating costs that are weighing down families and businesses across
America.
So this Clean Economy Jobs and Innovation Act is an important step.
It brings us a little bit closer to the major ambitious steps that we
must take towards a 100 percent clean energy economy.
Here are a few things that are important about this package. It
follows the science. The scientists and experts tell us that we truly
are running out of time to reduce carbon emissions and greenhouse
gases. We must do it as soon as possible, but no later than 2050. That
means we have to get going right away.
This package also puts money back in the pockets of consumers and
businesses and it will create thousands of jobs. These are the jobs
that the younger generation are hungry for, in manufacturing and
science, and building resilience among communities all across this
country.
This bill also empowers environmental justice communities to address
pollution and to protect their health. Very importantly, on a
bipartisan basis, bicameral basis, we have to address
hydrofluorocarbons. A hydrofluorocarbon is a very damaging greenhouse
gas, much more damaging than carbon dioxide.
We have an opportunity in this Congress to address those
hydrofluorocarbons and bring them under control. If we don't do this
now, it is going to be much more difficult to do it in the future.
So I thank Chairman Pallone, Chairwoman Johnson, and I thank my
colleagues for doing what they can.
Next up are the ambitious policies to truly solve the climate crisis.
Mr. UPTON. Madam Speaker, I yield 2 minutes to the gentleman from
Georgia (Mr. Carter).
Mr. CARTER of Georgia. Madam Speaker, I appreciate the gentleman
yielding.
Madam Speaker, I rise today in opposition to H.R. 4447, despite
holding out hope that we would have a truly bipartisan energy package
moving through this body.
As I look at the bill, we can't ignore the tremendous price tag, $135
billion, without discussing the use of valuable taxpayer dollars. This
bill's price tag reflects the many subsidy programs that duplicate
existing programs without meaningful attention applied to addressing
the regulatory burdens facing these industries.
If the goal is to transition to a cleaner energy economy, we won't
see real progress without a serious discussion about reforming existing
regulatory barriers.
[[Page H4869]]
An example is the cumbersome NEPA review process which has slowed
infrastructure projects for years and added countless sums in costs to
projects, without any added benefit to the people.
Another concern I have with this bill is the focus on larger cities
while leaving rural communities, like the ones I represent in south
Georgia, on the wayside. If the goal is to spur on economic investments
in the energy sector, the rural parts of America must be included.
There are also other concerns, such as expensive electric vehicle
mandates and experimental technologies that will leave the taxpayer
footing the bill.
This package, unfortunately, is not reflective of extensive
bipartisan work in committee to pass policies that would help us move
forward. Instead, it is a wish list of expensive and duplicate programs
that will bog down the significant progress that has already been made
here.
There are some programs and ideas that deserve separate consideration
because of bipartisan support, but unfortunately, this package falls
short.
I urge my colleagues to oppose this bill.
Mr. PALLONE. Madam Speaker, may I ask how much time remains on each
side?
The SPEAKER pro tempore. The gentleman from New Jersey has 11 minutes
remaining. The gentleman from Michigan has 11\1/2\ minutes remaining.
Mr. PALLONE. Madam Speaker, I yield 2 minutes to the gentleman from
California (Mr. Ruiz), a member of the Energy and Commerce Committee.
Mr. RUIZ. Madam Speaker, environmental injustices disproportionately
impact underserved communities and communities of color around the
country.
We have experienced this firsthand in the Eastern Coachella Valley in
my district--environmental hazards that worsen quality of life and harm
the public's health; children struggling to breathe on their way to
school; residents with undrinkable water from high levels of arsenic.
Let me be clear. Having clean water to drink and clean air to breathe
is not a privilege just for the affluent few. It is a right and a
common good for everyone. That is why I am glad my bill, H.R. 3923, the
Environmental Justice Act of 2019, is passing the House this week as
part of the Clean Economy Jobs and Innovation Act.
My bill will strengthen protections for vulnerable populations, give
impacted communities the ability to hold big corporations and
government accountable, and provide needed funds to mitigate and
prevent future instances of environmental injustice.
I would like to thank Chairman Pallone and Subcommittee Chairman
Tonko for working with me on this important legislation.
Mr. UPTON. Madam Speaker, I yield 2 minutes to the gentleman from
South Carolina (Mr. Duncan).
Mr. DUNCAN. Madam Speaker, I want to thank the former chairman for
yielding me the time today.
I rise in opposition to H.R. 4447, the Democrat's so-called energy
package. This bill promotes a radical Green New Deal policy that would
cost Americans more than $135 billion. Meanwhile, the bill provides no
regulatory or permanent reforms.
If Democrats were serious about reducing emissions, they would focus
on getting clean technologies, like nuclear energy, to market quicker.
I offered an amendment last night, but it was rejected by the Rules
Committee which would facilitate efficient environmental reviews for
nuclear reactor licensing. Its goal was to accelerate the deployment of
nuclear reactors which generate zero emissions during electricity
generation, if that is your goal, zero emissions. Unfortunately,
Democrats would rather weaponize our permitting laws for political
motives.
If we eliminate natural gas, or nuclear, in power generation and
transition to 100 percent renewables, which H.R. 4447 seeks to do, the
cost to national security would be detrimental. The United States would
shift from being an energy-dominant country to being energy dependent
at a cost to energy consumers because lower income Americans in this
deal would pay more as a percentage of their disposable income than
others.
It would be costly to the environment and our own security self-
interest. I don't understand why my amendments aren't made part of this
package other than the politics.
I urge my colleagues to vote ``no'' on H.R. 4447.
Mr. PALLONE. Madam Speaker, I yield 1 minute to the gentleman from
California (Mr. McNerney), also a member of our committee.
Mr. McNERNEY. Madam Speaker, I thank the chairman for yielding.
Climate change is accelerating and poses a growing threat to our
economy and to our world. We must address climate change with the
urgency that it demands, and that means we must all take action.
That is why I am proud to have introduced two bipartisan pieces of
legislation included in this package: the Smart Energy and Water
Efficiency Act, which I authored with Representative Kinzinger, which
aims to create an innovative water and energy resource management pilot
program with the Department of Energy.
The Advanced Nuclear Fuel Availability Act, which I co-led with
Representative Flores, informed the language in this package ensuring
that adequate supplies of domestically produced high-assay low-enriched
uranium are available in the United States, something that is essential
for some of the advanced nuclear reactor designs that are currently
being developed.
The Clean Economy Jobs and Innovation Act represents the type of
strong, concrete steps that we must take to prevent the catastrophic
impacts of climate change. I urge all of my colleagues to support this
legislation.
Mr. UPTON. Madam Speaker, may I ask how much time each side has
remaining?
The SPEAKER pro tempore. The gentleman from Michigan has 9\1/2\
minutes remaining. The gentleman from New Jersey has 9 minutes
remaining.
Mr. UPTON. Madam Speaker, I yield 1 minute to the gentleman from
Georgia (Mr. Allen).
Mr. ALLEN. Madam Speaker, I thank my friend from Michigan and former
chairman of the Energy and Commerce Committee for yielding me the time.
I am disappointed that during National Clean Energy Week we are
considering a bill that fails to prioritize affordable and reliable
energy for all Americans and only furthers the radical left's socialist
Green New Deal priorities.
H.R. 4447 spent more than $135 billion of hardworking Americans' tax
dollars while ignoring meaningful reforms of our rural communities.
Specifically, they want to establish a $20 billion Federal green bank
to subsidize preferred green projects at the expense of others, like
nuclear energy. The bill would also exclude nuclear energy from their
proposed Blue Collar to Green Collar energy workforce grant program.
This is unacceptable.
Nuclear energy fuels our Nation while helping to provide America with
environmental, economic, and national security. I am proud that
Georgia's 12th Congressional District is home to two nuclear power
plants: Plant Vogtle and Plant Hatch, almost 80 percent of Georgia
Power's nuclear capacity.
This industry directly supports well-paying jobs, powers our national
defense, and currently generates nearly 20 percent of our country's
electricity without any carbon emissions.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. UPTON. Madam Speaker, I yield an additional 1 minute to the
gentleman from Georgia.
Mr. ALLEN. Madam Speaker, if my colleagues want to have a real policy
discussion about clean energy and focus on solutions, they should
oppose this partisan power grab and support nuclear energy.
Georgia has some of the most competitive electricity rates in the
country thanks to our energy policy.
Mr. PALLONE. Madam Speaker, I yield 1 minute to the gentleman from
Nevada (Mr. Horsford).
Mr. HORSFORD. Madam Speaker, I thank the chair and the committees of
jurisdiction for this bill.
For too long, communities of color, indigenous communities, and
economically oppressed communities have borne a disproportionate burden
from toxic pollution and environmental degradation.
Communities experiencing environmental injustice have been subjected
[[Page H4870]]
to systemic racial, social, and economic injustice.
This legislation will push all of our communities forward together,
whether through the $20 billion clean energy and sustainability
accelerator to finance and mobilize private investment in low-carbon
technologies and projects; over $4 billion for research, development,
demonstration, and commercial application to advance cutting-edge
renewable energy technologies, including: solar, wind, geothermal, and
water power; or grants to local communities to improve energy
efficiency, including workforce training and rebates for
weatherization.
It also authorizes over $36 billion for transportation
electrification, which will help Nevada, including $650 million to
deploy low- and zero-emissions school buses.
I urge my colleagues to approve this measure.
Mr. UPTON. Madam Speaker, I have two remaining speakers, so I reserve
the balance of my time.
{time} 1715
Mr. PALLONE. Madam Speaker, I yield 1 minute to the gentleman from
Arizona (Mr. Stanton).
Mr. STANTON. Madam Speaker, I rise today in support of the Clean
Economy Jobs and Innovation Act.
To better position ourselves for the 21st century economy, we need to
invest in energy-efficient infrastructure that is both sustainable and
makes good business sense. This bill does that by incorporating my
legislation to reauthorize the Energy Efficiency and Conservation Block
Grant program to provide grants to States, local governments, and our
Native American Tribes to reduce fossil fuel emissions and conserve
energy.
When this program was last funded, local governments were able to
pursue a large range of projects, from energy retrofits to deployment
of LED street lighting and solar energy systems to electric vehicle
charging stations and alternative fuel pumps.
A national evaluation of the program's effectiveness found that with
just 1 year of funding, 25.7 million metric tons of carbon equivalent
was avoided. And $5.2 billion in cumulative energy bill savings were
produced, 70 percent of which were realized by residential customers.
Just imagine what we can achieve with the dedicated, multiyear
funding this bill provides. It will create jobs, help consumers save on
their energy bills, open new opportunities for local governments to
invest in energy conservation, and reduce carbon pollution.
Madam Speaker, I thank Chairman Pallone for his leadership on this
legislation.
Mr. UPTON. Madam Speaker, I yield such time as he may consume to the
gentleman from Oregon (Mr. Walden), who is the top Republican on the
Energy and Commerce Committee.
Mr. WALDEN. Madam Speaker, I want to thank my friend, the ranking
member of the House Energy Subcommittee and the former chairman of the
full committee, Mr. Upton, for yielding me this time.
Tragically, I have to rise in opposition to H.R. 4447.
This reminds me of the last time Democrats were in charge. This is
now an 894-page bill. Some of it has been through committee. It has
never been looked at in its entirety, and it has only been available
for a few days within the rules, but certainly not long enough for the
American people to fully digest and know everything about it. It is
unfortunate because I think we could do a lot more to come together and
agree on a package that would cause our economy to really rebound and
to drive clean innovation the American way.
You see, Madam Speaker, the key to expanding clean energy and
creating prosperous jobs in America is to actually reduce the barriers
to building infrastructure, not increase them, and to deploy innovative
new technologies that will ensure reliable, affordable energy for the
economy. This will produce the economic rebound and the growth that we
all want, growth that maintains environmental standards but creates
economic opportunities, especially for the poor and the disadvantaged.
It generates the resources for communities and families to prepare for
their futures.
In recent years, Madam Speaker, Republicans have led successful
efforts to enact laws that enable more rapid licensing of hydropower
facilities, zero carbon emission hydropower. We are talking small scale
in irrigation ditches that are now piped. We are creating new
electricity with no emissions. We are putting water into streams for
fish. And we are pressurizing systems for farmers.
We did more of that under a Republic majority, and there is more we
can do now, but we are not.
We want more seamless delivery and export of clean-burning natural
gas. If you think of the conversion that has occurred from coal to gas,
the reduction of emissions, we lead the world in reducing emissions. We
have created enormous wealth and jobs in areas that had terrible
poverty and needed economic development. We have increased private-
sector use of carbon capture technologies.
I think there is great hope in the future with our brilliant
scientists to do even more in this space and to streamline licensing to
enable advanced nuclear energy production. America has always led in
that category, and there are new opportunities out there to do small-
scale nuclear energy.
We need to do more of that, but sadly, this bill doesn't get us where
we need to go. These are all good things for the economy and, frankly,
good things for the planet.
Madam Speaker, you won't hear it from the radical left, but the
United States has actually been leading the world in carbon reductions.
It shows the largest absolute decline in emissions of all countries
since the year 2000. Frankly, we have reduced carbon emissions more in
total than Britain, France, Germany, and Canada combined--combined,
Madam Speaker. So the United States continues to improve its air
quality for all communities. Particulate matter pollution is down 25
percent to 44 percent in urban areas around the Nation since 2007. This
is tremendous news for disadvantaged communities and, frankly, for all
Americans.
All this happened while the United States has reemerged as an energy
superpower on top of the economic boom of the shale revolution. So our
job today should be to build upon that.
Unfortunately, Democrats' legislation goes in the other direction, I
believe. It destroys some of these gains, and it is not the way we
should do this. In this Congress, my Committee on Energy and Commerce
Republican colleagues have introduced a number of bills to encourage
investment in infrastructure, remove more regulatory barriers to
permitting and licensing to ensure affordable, reliable energy and to
expand access to clean energy, promote nuclear innovation, and protect
natural gas resources.
Yes, we have a very aggressive, positive, and pro-environment energy
agenda as Republicans. None of the amendments based upon these reforms,
unfortunately, made it into H.R. 4447. No. Democrats kept those
out, and that is a problem.
Madam Speaker, you do not achieve a prosperous economy and advance
clean energy innovations without removing the barriers to building and
deploying new technology. You certainly don't achieve this by focusing
instead on enacting more than 135 billion borrowed dollars in Federal
spending, scores of new Federal subsidy programs, new regulations that
delay siting and building, and raising electricity rates. This bill
does that, and it increases the cost of new homes and infrastructure.
Yet, that is what this 900-page gorilla does in the room. Sure, there
are some bipartisan provisions, but that does not make this a workable
bill for the American public. Taken together, provisions in this bill
will undermine any efforts to expand infrastructure or build the
innovations.
The bill ignores the priorities of rural Americans whose reliance on
affordable energy is critical to their productivity and livelihoods.
Instead, this bill gives billions for city-oriented green energy and
efficiency programs, leaving the rural areas behind with nearly $50
billion in spending and mandates to drive a transformation toward
electric vehicles that are sure to drive up electricity rates and
transportation costs.
Most troubling are new provisions concerning NEPA and other reviews
seeded throughout this bill. These are
[[Page H4871]]
sure to lead to delay, litigation, and loss of opportunity. It will
take longer to get a permit, longer to site a project, and longer to
get a license, as if it didn't take long enough now.
The bill introduces, without any committee review, new private causes
of action that are sure to benefit trial lawyers but at the expense of
ordinary Americans who want more jobs and better opportunity.
All of this will, unfortunately, keep investments sidelined and any
projects funded in the bill on the lab table. This is not energy
policy. This is Big Government prescription, and we should not support
this bill.
Mr. PALLONE. Madam Speaker, I yield 2 minutes to the gentlewoman from
Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Madam Speaker, you know the ordinary people that
this legislation helps in my district are young African-American men
unemployed, young African-American women unemployed, LatinX men and
women, young African-American men, young LatinX men and women, and as
well high school graduates and beyond. That is the ordinary Americans
in H.R. 4447, the Clean Economy Jobs and Innovation Act.
So I thank Mr. Pallone and Ms. Johnson for their leadership.
Let me tell you, Madam Speaker, the journey that I have taken. I have
been an energy lawyer. I have worked in the arena where we have had
fossil fuel. But do you know what, Madam Speaker? The Greater Houston
Partnership, our chamber, has just designated a clean energy director
to work on low carbon in our community.
The transition to a low-carbon society by investing in clean energy
this bill provides, distributing energy resources, an energy storage
system, and a microgrid, all of which builds resiliency and are crucial
to reducing greenhouse gas emissions.
I introduced legislation dealing with wetlands to be able to ensure
that the wetlands would be recaptured when they are being utilized for
energy production, and we use that for the environment and for jobs.
But here we have a response to the issue of low carbon. My district
was devastated by Hurricane Harvey. That is climate change. So it is
important to recognize that climate change disproportionately impacts
low-income communities of color. H.R. 4447 prioritizes clean energy
projects located in low-income, marginalized communities. My
constituents are waiting in line for these jobs. It advances the
development of technologies and practices that expand access to clean
energy.
I represent a community where contamination by creosote came, and
Superfund, trying to clean that up. In the meantime, people are
suffering from cancer clusters. So when we talk about cleaning the
environment and creating jobs, we are long overdue for the Clean
Economy Jobs and Innovation Act.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. PALLONE. Madam Speaker, I yield an additional 1 minute to the
gentlewoman from Texas.
Ms. JACKSON LEE. Madam Speaker, I want to answer the gentleman's
question about ordinary Americans. These are ordinary Americans, some
of whom, because of the climate change or the inequity in environmental
injustice, have faced the wrong side of energy. I want them to face the
good side.
So not only does the bill establish a clean energy workforce
development program to educate and train the next generation of clean
energy researchers, scientists, and professionals, but it also protects
domestic manufacturing by requiring that any project funded under the
act to construct, alter, maintain, or repair a public building or
public work only use iron, steel, and manufactured goods produced in
the United States.
Madam Speaker, this is a new start, but it brings old friends to the
table. It brings Houston with the Greater Houston Partnership with a
clean energy director who wants to move toward low carbon. It brings
energy companies that I questioned during the BP spill that indicated
to me they have a huge environmental section in their corporations. We
can all work together.
I am a strong supporter of the Clean Economy Jobs and Innovation Act
because it is going to bring jobs and re-envision America.
Madam Speaker, as a senior member of the House Judiciary and Homeland
Committees, I rise in strong support of H.R. 4447, the ``Clean Economy
Jobs and Innovation Act,'' which makes long-overdue reforms to U.S.
energy policy and authorizes major investments in the transition to a
low-carbon future.
This robust legislation promises to usher in a new era in American
innovation, serving as a down-payment on comprehensive climate action.
It includes:
Programs to develop and deploy renewable and distributed energy
resources; improve the efficiency of our homes and businesses;
electrify our transportation sector; modernize the grid and enhance its
resiliency; prioritize the needs of environmental justice communities;
and reduce carbon pollution from industrial and traditional sources.
Taken together, these measures provide a path towards modernizing our
energy system while also taking an important forward in addressing the
current the climate crisis in addition to growing our economy.
Specifically, this bill supports the transition to a low-carbon
economy by investing in clean energy, distributed energy resources,
energy storage systems, and microgrid, all of which build resiliency
and are crucial to reducing greenhouse gas emissions.
Furthermore, H.R. 4447 sets new energy efficiency standards for
buildings, which roughly count towards 30 percent of greenhouse gas
pollution, and provides funding for schools, homes, municipal
buildings, and manufacturing facilities to improve efficiency and
deploy energy-efficient technologies.
Reducing our carbon output is crucial in the fight against this
current climate crisis, and we are in a crisis.
With wildfires raging on the west coast and multiple ``500-year''
floods on the Gulf Coast every few years, there is no room for denials
or protestations against the existence of climate change.
In 2017, Hurricane Harvey devastated my district.
Rainfall from the storm was calculated to be between 50 and 60 inches
in some areas, causing roughly $125 billion in damage, displacing over
100,000 people, and leaving approximately 103 people dead.
For years, climate scientists have warned that global warming is
creating conditions that allow these storms to become more powerful,
and perhaps even more frequent.
According to the 2014 Climate Assessment, produced by the federal
government, the amount of water vapor in the atmosphere has increased
due to human-caused warming, causing extra moisture to be available to
storm systems and resulting in heavier rainfalls.
Throughout my tenure in Congress, I have been a staunch advocate for
innovation and increased funding for research and development, and I am
proud that this bill prioritizes this too.
H.R. 4447 authorizes over $4 billion for research, development
demonstration, and commercial application to advance cutting-edge
renewable energy technologies, including solar, wind, geothermal, and
waterpower.
It also drives investment in clean energy innovation by increasing
funding for the Advanced Research Projects Agency-Energy, including a
path to double its funding by fiscal year 2025.
Madam Speaker, it is no secret that climate change disproportionately
impacts low-income, communities of color.
H.R. 4447 prioritizes clean energy projects located in low-income and
marginalized communities and advances the development of technologies
and practices that expand access to clean energy, including $25 million
for grants to deploy energy storage and microgrids in rural communities
and $1 billion for solar installations in low-income communities.
In addition, the bill restores private rights of action against
recipients of federal funding based on discriminatory disparate
impacts.
I have seen first-hand the reality of environmental injustice in my
own district.
The Fifth Ward and the northeast neighborhoods in Houston, Texas, are
predominantly comprised of African American residents.
They are some of the oldest and poorest communities in Houston.
The median income in the area is $26,644, compared to $49,399 for all
of Houston.
About 35 percent of families here live in poverty, more than double
Harris County's 14 percent poverty rate, according to the Census.
It is also the location of a cancer cluster due to creosote
contamination from the neighboring railroad yard.
For decades, a railroad company operated a wood treatment facility,
dipping railroad ties in the preservative creosote, a cancer-causing
chemical listed as a hazardous substance by the Environmental
Protection Agency.
The creosote emitted fumes, leached into the soil and ran through
ditches when it rained or flooded.
At my urging, the Texas Department of State Health Services (DSHS),
conducted a
[[Page H4872]]
major study on the incidences of cancer clusters in the Houston and
found that ``the numbers of esophagus, lung and bronchus and larynx
cancers were statistically significantly greater than is expected based
on cancer rates in Texas [writ large].''
This is not a unique occurrence.
The prevalence of cancer clusters and other health disparities in
low-income, communities of color happens far too often across the
nation.
This clean energy bill can help many neighborhoods like these.
The Clean Economy Jobs and Innovation Act also includes provisions to
improve workforce development and provide labor protections.
Not only does the bill establish a clean energy workforce development
program to educate and train the next generation of clean energy
researchers, scientists, and professionals, but it also protects
domestic manufacturing by requiring that any project funded under the
Act to construct, alter, maintain, or repair a public building or
public work only use iron, steel, and manufactured goods produced in
the United States.
As we seek to rebuild our economy from the devastation of the
coronavirus pandemic, we must look to invest in sectors of the economy
that are ripe for growth.
Prior to the coronavirus pandemic, clean energy was one of the
biggest and fastest-growing employers across the country.
In 2019, clean energy's share of the entire energy workforce was 40
percent.
In fact, Texas boasted the second-highest number of clean energy jobs
with over 233,000 clean energy workers.
Furthermore, Texas served as the nation's largest contributor of
wind-generated jobs in the nation, with over 25,000 Texas working on
wind energy and an additional 192,000 jobs in energy efficient heating
and cooling systems, solar power, and electric vehicles.
Madam Speaker, investing in clean energy and properly training the
workforce for this new economic sector is the key to creating more
high-paying jobs in the United States.
According to the Brookings Institute, jobs in green energy sectors
often pay better.
Even for hourly workers in jobs like electricians and carpenters,
which require a lower threshold of formal education, around 50 percent
of workers have completed only high school or less, and yet they earn
higher wages than their counterparts in other industries.
I applaud the forethought of this bill and appreciate its dual focus
of addressing the factors that contribute to the current climate crisis
as well as seizing the economic opportunities that this challenge
presents.
I urge my colleagues from both parties to join me in voting to pass
H.R. 4447.
Mr. UPTON. Madam Speaker, I yield myself the balance of my time to
close.
Madam Speaker, Republicans do support clean energy, but we oppose
wasteful government spending and top-down policies that make energy
more expensive, reduce consumer choice, and threaten our energy
security.
Madam Speaker, I include in the Record a Statement of Administration
Policy from the Office of the President of the United States
recommending a veto. The letter states: ``H.R. 4447 would lead to
higher energy costs and discourage innovation and entrepreneurship''
and ``fails on several other measures.''
Statement of Administration Policy
H.R. 4447--Clean Economy Jobs and Innovation Act--Rep. O'Halleran, D-
AZ, and 9 cosponsors
The Administration opposes passage of H.R. 4447. The
Administration supports clean energy, job development, and
the innovation economy and adheres to a bottom-up energy
philosophy that promotes free-markets, funds scientific
research, and honors the choices of producers and consumers.
This bill, however, would implement a top-down approach that
would undermine the Administration's deregulatory agenda and
empower the government to select favored solutions while
reinstating big-government policies and programs.
H.R. 4447 would lead to higher energy costs and discourage
innovation and entrepreneurship. This legislation would
bypass well-established processes and procedures and would
impose substantial, unwarranted costs on Federal, State, and
local agencies and other key stakeholders in both public and
private sectors. It would do so by setting rigid energy
savings and water consumption reduction targets for Federal
agencies, requiring State and local governments to establish
strict building codes that are not grounded in available
technologies, and mandating a rigorous transition from
hydrofluorocarbon use in the private heating and cooling
sector.
H.R. 4447 also fails on several other measures. Its
proposed creation of new workforce development, training, and
other related programs is unnecessary and would lead to
greater fragmentation of the workforce system and duplication
of efforts between Federal agencies. To support the
substantial costs of these programs, the bill would authorize
billions in new annual spending. It would also create a
``green bank'' that would subsidize projects similar to well-
known failures like Solyndra. It ignores the importance of
permitting reform while endorsing more government control and
mandates on goods and products without consideration of the
cost to consumers. It would also set up new mandates and
regulations that would undo the Administration's significant
progress in lowering emissions and cleaning our air and
water. Finally, H.R. 4447 would interfere with how we have
been designing our own energy and environment destiny free
from the reins of the Paris Climate Accord and international
agreements or organizations that ignore the clear lessons
that have led to American energy independence.
Since January 2017, the United States has experienced a
remarkable turnaround in its energy fortunes. In a few short
years, our Nation has achieved energy independence and become
a net energy exporter and a world energy powerhouse. We have
increased exports of United States Liquefied Natural Gas
(LNG) by nearly five-fold and issued 20 long-term
authorizations for LNG exports to non-free trade agreement
countries. The United States is the number one producer of
oil in the world and has maintained its status as the top
producer of nuclear power and the top producer of natural
gas, as well as the world's second-leading generator of wind
and solar power. Crucially, while dominating in energy
production, the United States continues to lead the world in
reducing energy-related carbon dioxide emissions. Americans
now have greater access to energy that is abundant,
affordable, clean, and reliable, and the Administration looks
forward to continuing our successful approach to build on
these achievements.
If H.R. 4447 were presented to the President, his advisors
would recommend that he veto the bill.
Mr. UPTON. Madam Speaker, I include in the Record a letter from the
National Association of Home Builders in opposition to the bill due to
the expansion of Federal building codes without meaningful provisions
to safeguard housing affordability.
National Association
of Home Builders,
Washington, DC, September 21, 2020.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.
Hon. Kevin McCarthy,
Minority Leader, House of Representatives,
Washington, DC.
Dear Speaker Pelosi and Leader McCarthy: On behalf of the
more than 140,000 members of the National Association of Home
Builders (NAHB), I am writing to express strong opposition to
H.R. 4447, the Clean Economy Jobs and Innovation Act. Any
expansion of the federal government's authority in the code
development process without meaningful provisions to
safeguard housing affordability is invasive, unnecessary, and
unwise. NAHB has designated opposition to H.R. 4447, the
Clean Economy Jobs and Innovation Act. as a key vote.
H.R. 4447 undermines the independence of the consensus-
based code development process by expanding the federal
government's role and authority. This legislation mandates
that the Department of Energy (DOE) establish national energy
savings targets for residential construction. After the
consensus codes-writing bodies approve a new model code, DOE
is mandated to submit proposals directly to the code
developer, absent of stakeholder input, if DOE deems the
federal target has not been met by the model code. H.R.
4447's Washington-knows-best regime fails to meaningfully
factor in housing affordability, and it avoids the critical
checks and balances that are conducted by the code
development stakeholders. This top-down approach denies the
consensus bodies the freedom of decision-making, rendering
the code development process irrelevant and superfluous.
Further, H.R. 4447 mandates a new regulatory and reporting
regime for states to justify their decision to modify their
building codes. The bill creates additional burdens by
demanding that states that seek access to parts of a $200
million grant program must provide notice of whether they
have met the bill's compliance mandates or justify why they
cannot comply--a requirement that must be met every two
years. This burdensome process significantly limits the
ability of states and local governments to focus on adopting
newer codes if they are constantly required to demonstrate
compliance with this legislation.
NAHB has long supported the development and implementation
of reasonable, practical, and cost-effective building codes
and standards. NAHB works as a partner with all levels of
government to encourage energy efficiency; however, we
strongly oppose federal mandates that are not cost-effective
and jeopardize housing affordability. Failure to consider the
true economic costs of required energy-use reductions in
model energy codes and establish reasonable payback periods
for these investments will result in fewer families being
able to achieve the American dream of homeownership.
For these reasons, NAHB is designating a key vote in
opposition to H.R. 4447, the Clean Economy Jobs and
Innovation Act.
Sincerely,
James W. Tobin III.
[[Page H4873]]
Mr. UPTON. Madam Speaker, I yield back the balance of my time.
Mr. PALLONE. Madam Speaker, may I ask how much time is remaining.
The SPEAKER pro tempore. The gentleman from New Jersey has 4 minutes
remaining.
Mr. PALLONE. Madam Speaker, I yield myself the balance of my time for
the Energy and Commerce portion of this debate.
I find it strange, Madam Speaker, that the Republicans pose as the
defenders of fiscal responsibility and lowering the deficit when they
have what I consider a dismal track record on that issue.
In 2017, they rushed through a tax bill that only rewarded the
wealthiest while drowning our children's future in a sea of debt.
What do Republicans do when they create deficits by cutting taxes
without paying for it? They propose cuts to existing programs and
reject funding for initiatives that benefit everyday Americans.
To be clear, the Congressional Budget Office estimates that this bill
would add a whopping zero dollars to the deficit. I stress that again:
zero dollars to the deficit.
But if the Republicans are so intent on talking about costs, they
ought to look at the cost of climate inaction and the economic harm of
letting our competitors lead the global clean energy technology race.
By the end of the century, lost wages from climate-related damages will
reach $155 billion; mortality from extreme temperatures will surpass
$140 billion; and coastal property damage will approach $120 billion.
All told, the U.S. economy could lose more than 10 percent of its GDP.
The economic benefits of action, in contrast, are significant:
limiting warming to 1.5 degrees Celsius will yield more than $20
trillion in global economic benefits annually in the same timeframe.
The bill before us lays a strong foundation for reaching these
scientifically set climate targets. Meanwhile, House Republicans are
using tired gimmicks to argue about a deficit they created, a claim the
CBO has thoroughly debunked. If we continue to entertain these tried
and true delay tactics, we are going to lose the global clean energy
race and ensure the worst effects of climate change. We will saddle our
economy and generations to come with the cost of extreme weather and
reduce economic productivity. This is already happening, Madam Speaker.
But if we reduce our carbon pollution and invest in clean energy
technologies, then we can both protect our environment and grow our
economy. We can lead the world in energy innovation and lead our allies
in addressing the climate crisis.
{time} 1730
Now, it has been 13 years since Congress last passed major energy
legislation. Since then, the world has changed. Our energy needs have
evolved. Technologies have matured, and the need for climate action has
become urgent. The policies that govern how we produce, transport,
store, and use energy are outdated. Our energy infrastructure is in
desperate need of modernization, and Federal investments in energy-
related research, development and deployment aren't meeting the needs
of the 21st century. We need to transition to a clean, low-carbon
economy, and that requires major investments and reforms to U.S. energy
policy.
Madam Speaker, this bill, the Clean Economy Jobs and Innovation Act,
includes a broad suite of measures to enable that transition in a way
that creates jobs, reduces pollution and unleashes American innovation.
The scope of the legislation--I know there have been comments about
the size of the bill--the scope of this bill reflects our commitment to
delivering ambitious and long overdue upgrades to our Nation's energy
system.
Madam Speaker, I urge my colleagues, given what we are faced with
today, please, this is why both sides of the aisle should support the
underlying bill.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. All time for the Committee on Energy and
Commerce has expired.
Ms. JOHNSON of Texas. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, the threat of climate change is one of the most urgent
threats we face.
Today, as we speak, vast portions of the West Coast of our Nation are
consumed with wildfires. To the south, our country has already been
repeatedly pounded by tropical storms and hurricanes this year. Severe
weather and dangerous heat waves are becoming increasingly commonplace.
Coral reefs around the world are dying off, threatening whole
ecosystems, and the ocean is becoming more acidic, which puts in peril
an entire food chain vital to feeding humanity.
The threat of climate change is here, and it is long past time for
Congress to take action to combat it.
Responding to climate change is also an opportunity to reinvent our
economy and propel it into the 21st century. We have the opportunity to
make America the leader in a host of clean energy technologies that
will boost our economy and bring good, high-paying jobs.
H.R. 4447, the Clean Economy Jobs and Innovation Act, will do just
that by investing unprecedented amounts in clean energy research and
development. This bill also makes long overdue investments in grid
modernization and large-scale energy storage, which are key to allowing
us to unlock the full potential of intermittent renewables and other
clean energy investments.
Finally, this bill makes a critical investment in carbon capture and
storage technology. We have to recognize that today, as we speak, most
of the energy used for electricity, transportation, and industrial
processes in our Nation and across the world are still produced from
fossil fuels. To realistically hope to combat the worst effects of
climate change, we have to invest in technologies that can clean up the
bulk of our current pollution sources, both here and abroad.
All of the 16 bills that the Committee on Science, Space and
Technology contributed to this package are bipartisan pieces of
legislation. This reflects the broad support of these bills in both the
environmental and business community--having received support from
groups as diverse as the NRDC, the U.S. Chamber of Commerce, the League
of Conservation Voters, and the National Association of Manufacturers.
Madam Speaker, I want to take a moment to thank our current
Subcommittee on Energy chair, Lizzie Fletcher, and our former chair,
Conor Lamb, for their hard work in getting us to this point today.
I also thank my fellow committee chairs, Frank Pallone and Raul
Grijalva, for their tireless work on H.R. 4447 and their commitment to
fighting for climate change.
H.R. 4447 will not, on its own, prevent climate change, but it is a
vital first step in addressing this threat. If we don't take the first
step, we will never get anywhere in our efforts to address this growing
crisis.
Madam Speaker, I urge my colleagues to support this bill, and I
reserve the balance of my time.
Mr. LUCAS. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I am disappointed that we are here today to consider a
massive, impractical messaging bill instead of voting on real clean
energy solutions.
At the very first Committee on Science, Space, and Technology hearing
this Congress, I committed to addressing climate change and global
greenhouse gas emissions through science and technology.
My Republican colleagues and I have worked in good faith to create
bipartisan legislation that supports much-needed research and
development into nascent, clean energy technologies.
And when I say bipartisan, I mean truly bipartisan. My friend across
the aisle will try to characterize H.R. 4447 as bipartisan. But that is
not strictly accurate. This bill was written without Republican input,
and we were given one week to read and consider 900 pages of
legislative text.
Some provisions in this bill were considered and passed with
bipartisan support at the committee level, but they were changed
without consultation before they were included in this bill. Other
provisions have a single Republican cosponsor, which technically makes
them bipartisan, but certainly
[[Page H4874]]
doesn't indicate that there is widespread support from both parties.
Madam Speaker, we do have truly bipartisan bills on research and
development of clean energy technologies. We could be considering those
today.
For instance, the Committee on Science, Space, and Technology has a
long history of strong support from both sides of the aisle for basic
research.
Why? Because without fail, basic research has generated breakthrough
technologies that have revolutionized energy production in America,
making it cleaner, cheaper, and more efficient.
Basic research at our national labs is pioneering technologies that
capture carbon emissions from coal, natural gas, batteries that store
energy from intermittent energy sources like wind and solar, and
advanced nuclear reactors that can provide cleaner, more affordable
power.
This is the kind of work that private industry generally can't
perform because it is simply too risky to invest in. Government-funded
basic research makes groundbreaking discoveries and American industry
then translates that into marketable technologies, making our economy
stronger, our energy production more efficient.
So why does this bill largely ignore basic research? H.R. 4447
doesn't include any support for the Department of Energy's Office of
Science, which drives basic research and represents more than half of
the Department's entire civilian Federal R&D portfolio.
Instead, the bill before us today spends $35 billion to increase
funding for every applied energy office at the DOE. While applied
energy programs play an important role in improving efficiency in
various industry sectors, they can only do so much. This bill is
throwing money at renewable energy industries that are already mature
and competitive, instead of investing in the next generation of clean
energy technology.
If you will pardon the farming analogy, this is like spending all
your money to build a better plow instead of investing in a tractor.
If we truly want clean, affordable, sustainable energy for Americans,
we can and must do better than this.
Madam Speaker, I have introduced legislation designed to boost
American competitiveness and address climate change. H.R. 5685, the
Securing American Leadership in Science and Technology Act, will double
funding for the Office of Science, update our research facilities and
infrastructure, and improve tech transfer. It is a thoughtful
investment in the future of American science.
And there are other bipartisan bills we could be considering today,
all of which have close Senate companions and strong bipartisan Senate
interest:
H.R. 4091, the ARPA-E Reauthorization Act, was passed out of the
Committee on Science, Space, and Technology last year after both sides
came together to negotiate a consensus bill that doubles our investment
in ARPA-E's high-risk, high-reward research while establishing
guardrails to make sure we are using our limited research dollars
wisely.
H.R. 5347, the Advanced Geothermal Research and Development Act,
authorizes cutting-edge geothermal research and development so we can
take advantage of this vast and largely untapped renewable resource.
And H.R. 2986, the Better Energy Storage Technology Act, or the BEST
Act, authorizes a crosscutting research and development program to
accelerate high-priority energy storage technology. This is critical to
more efficient and consistent use of renewable technologies, like solar
and wind.
Giving any one of these bills consideration today, would guarantee
more progress on clean energy technology than this messaging bill.
If we are serious about addressing climate change and providing
Americans with clean, affordable energy, we need to be serious about
the basic research that supports the goal.
Madam Speaker, I hope we can put aside partisan performances like
this and instead focus on supporting research into the next generation
of clean energy technology.
Madam Speaker, I urge my colleagues to oppose this bill, and I
reserve the balance of my time.
Ms. JOHNSON of Texas. Madam Speaker, I yield 3 minutes to the
gentlewoman from Texas (Mrs. Fletcher).
Mrs. FLETCHER. Madam Speaker, I thank Chairwoman Johnson for this
opportunity and for her bipartisan leadership of the Committee on
Science, Space, and Technology during this Congress.
Madam Speaker, I rise today in support of H.R. 4447 and the important
bills from the Committee on Science, Space, and Technology that are
included in this bill.
I am proud to represent Houston, Texas, the energy capital of the
world, and our country leads the world in energy production and
innovation because of the work that we do in Houston. We innovate, we
create, we research, and we power the world.
H.R. 4447 will help ensure that we continue to do so with a
meaningful increase in the Federal resources necessary to develop
critical energy technologies that we will rely on in our energy mix
into the next century.
As the center of energy expertise and experience in the country, my
constituents in Houston are well-positioned to utilize the financial
support provided through this bill and to help chart the course for our
energy future.
I am particularly glad that to expand research and development of
large-scale demonstration of carbon capture, utilization and storage
technologies, this package includes legislation I helped lead with my
friend from Fort Worth, Mr. Veasey, the Fossil Energy Research and
Development Act.
Critical work on carbon capture is going on right now in my district,
and we have a real opportunity to reduce carbon emissions through these
and other carbon capture efforts.
To continue the important work of modernizing the use of fossil
fuels, Houston companies and universities will be eligible to compete
for an estimated $14 billion in grant funds made possible by this bill.
I am also glad that this bill includes the ARPA-E Reauthorization,
legislation passed through our subcommittee to reauthorize funding for
the Department of Energy's Advanced Research Projects Agency-Energy to
help advance high-potential, high-impact technologies in the early
stages of development.
While I support these and other important provisions of this bill, I
recognize that it is not a perfect bill. I am disappointed that my
amendment to address some outstanding issues related to eminent domain
and pipeline construction was not made in order.
Our conversation about our energy future is vital for all of us. I
look forward to continuing my work with my colleagues on both sides of
the aisle to ensure that we are able to build the infrastructure we
need to ensure the reliable delivery of American energy across the
country and to collaborate on the essential research that we need and
that we focused on so much in our committee work.
In the energy capital of the world, we have unique and critical
expertise to offer this conversation, and it will help us chart a path
forward together.
Madam Speaker, this bill represents some of the things we can do
together. And for that reason, I will vote in favor of it, and I urge
my colleagues to do the same.
{time} 1745
Mr. LUCAS. Madam Speaker, I yield 5 minutes to the gentleman from
Texas (Mr. Weber), the ranking member of the Subcommittee on Energy.
Mr. WEBER of Texas. Madam Speaker, when I testified before the Rules
Committee on Monday, I called the bill before us today the 900-page
gorilla in the room. This is it right here. Bipartisan? It is about as
bipartisan as two wolves and a lamb discussing what to have for dinner.
Let me tell you, as I stand before you today, Madam Speaker, H.R.
4447, the Clean Economy Jobs and Innovation Act, has only picked up
speed as it charges dangerously toward passage.
Starting with the backroom process, 98 out of 176 submitted
amendments were made in order, and there seems to be no rhyme or reason
why. I personally submitted two that were ruled out of order. One was
on nuclear research--you want to talk about clean energy, green--one on
nuclear research and development, and one was a simple sense of
Congress to ensure the long-term stability of fossil fuels, the bedrock
of our Houston economy that the gentlewoman from Texas was just talking
about.
[[Page H4875]]
Yet my Democrat colleagues on the other side of the aisle have said
this bill is a simple marker meant to pass the House and meet the
Senate and their energy package at conference to iron out the details.
The problem with that is that they are ignoring the real bipartisan,
bicameral legislation that has already been ironed out.
Let's use it. That would be a new wrinkle in their thinking.
My nuclear R&D amendment, which won't even have a chance to be voted
on, is composed of language that has support in the Senate and closely
mirrors their Nuclear Energy Leadership Act, or NELA, a priority of
Senator Murkowski.
This just goes to show that today's bill and the rushed process
behind it is simply another messaging exercise, that the Democrats have
no intention of negotiating to the point of it actually being signed
into law.
There is a novel thought.
On top of the hasty procedure to rush through regular order, this
bill has been falsely labeled bipartisan, as our great friend from
Oklahoma said. I have listened to my Science Committee Democrat
colleagues boast that all of our relevant sections are bipartisan.
Really? Yet, Madam Speaker, they won't mention that 7 of the 17 bills
that are cosponsored by Republicans are not even on the Science
Committee.
When the Republican committee members who sat through hearings heard
from the stakeholders and tried to amend these bills decided to oppose
the legislation, the Democrats looked for any name with an ``R'' next
to it just to check the box of ``working together.''
Once again, I will say it. If my colleagues on the other side were
serious about ensuring that this bill is more than just an opportunity
for another sound bite, they would bring together the correct parties
to reach a consensus the President would actually sign into law.
Madam Speaker, I am disappointed in this wasted opportunity. The
United States has the ability to lead the world in technology. We have
the ability to lead the world in technological solutions, and we can
produce clean energy sources for the next generation, those jobs the
gentlewoman from Houston, Texas, was talking about. But, sadly, today's
bill misses that mark.
For that reason, I urge my colleagues to oppose this legislation.
Ms. JOHNSON of Texas. Madam Speaker, I yield 2 minutes to the
gentlewoman from Oregon (Ms. Bonamici), a very dynamic member of the
committee.
Ms. BONAMICI. Madam Speaker, I rise in support of the Clean Economy
Jobs and Innovation Act, which includes my Water Power Research and
Development Act.
Oceans cover more than 70 percent of the surface of our planet.
Waves, currents, and tides can be used as a plentiful, renewable
resource to power our homes, buildings, and communities. According to
the Department of Energy, there is enough kinetic energy in waves and
tides along the U.S. coastline to meet a significant portion of our
Nation's power needs.
As we transition to a 100 percent clean energy economy, we have the
opportunity to capture the power of the ocean to help mitigate the
climate crisis. Oregon is at the forefront of marine energy, thanks to
the leadership of Oregon State University, the Pacific Marine Energy
Center, and pioneering businesses like Vigor.
Last year, I visited the Ocean Energy device, built by workers at
Vigor, before it was deployed off the shores of Hawaii for a pilot. It
was not until I was standing in front of this enormous device that I
grasped the scale of this resource and what we can gain from it.
Marine energy has tremendous potential as one of the last untapped
renewable energy sources, and Federal investment can help unlock it. My
bipartisan Water Power Research and Development Act would reauthorize
funding for research, development, demonstration, and commercialization
of marine energy within the Department of Energy's Water Power
Technologies Office. This funding supports the leading research and
development efforts at Pacific Marine Energy Center and will help their
efforts to establish a wave energy test facility off the coast of
Oregon.
As a member of the Select Committee on the Climate Crisis, I am
pleased that this package includes many provisions from our bold,
comprehensive, science-based Climate Crisis Action Plan.
I thank Chairwoman Johnson, Congressman Young, and Congressman Deutch
for their support.
I urge my colleagues to support this bipartisan energy package.
Mr. LUCAS. Madam Speaker, I yield 3 minutes to the gentleman from
Texas (Mr. Babin), the ranking member of the Subcommittee on Space and
Aeronautics.
Mr. BABIN. Madam Speaker, like many of my Republican colleagues, I
had what I believed to be an essential amendment ruled out of order.
Simply put, my amendment ensured that fossil fuel power generation
systems were not left behind as we try to navigate a clean energy
future.
From schools to hospitals, too much of our critical infrastructure is
currently dependent on the systems that we already have in place. No
matter which side of the aisle you are on, you cannot argue against the
fact that fossil fuels are the status quo right now and some of the
very cheapest.
But we don't get the chance. We will not have the chance to express
that support today. Instead, we will get this Democrat dream sheet
forcefully passed, only to then die with no Senate interest. We are
missing a golden opportunity for bipartisan solutions.
Rather than turn off the light switch and force our economy into a
blackout-ridden future of renewable sources, we need to utilize what is
still readily available to us. That is why I am supportive of carbon
capture, utilization, and storage.
I believe that, when developed, these technologies stand to only
improve our fossil fuel power generation and even hold the potential to
make it a clean energy source. But, as written, the legislation before
us lacks a focus on critical basic research that will advance these
technologies.
Areas like advanced computing, manufacturing, and materials research
will maximize our Nation's fossil fuel resources. Simply building more
demonstration projects similar to those already in existence, like
Petra Nova in Texas or the National Carbon Capture Center in Alabama,
will not develop next-generation membranes for direct air capture or
novel solvents for energy-efficient gas separation.
Additionally, this bill makes outrageous funding increases to the
Department of Energy's Office of Fossil Energy. Currently funded at
$750 million for fiscal year 2020, this bill increases the office's
budget to a whopping $3 billion in fiscal year 2025 and spends $15
billion over the next 5 years.
I am intrigued that some of my Democrat colleagues who have stated
their goal to completely phase out fossil fuels in the next 10 years
would support such a massive increase. At the same time, however, I am
encouraged to see more folks on the other side of the aisle acknowledge
the long-term necessity of fossil fuels in our clean energy future.
I am unquestionably a staunch supporter of fossil fuels and,
specifically, the DOE Office of Fossil Energy, but we must act in a
fiscally responsible manner. We cannot undertake this massive funding
increase of 300 percent while simultaneously increasing applied energy
programs like wind and solar. This is a disservice to the already
strapped American taxpayer, and I urge its rejection.
I want to thank Ranking Member Lucas, my friend from Oklahoma, for
his leadership on the Science Committee.
Ms. JOHNSON of Texas. Madam Speaker, I yield 2 minutes to the
gentleman from California (Mr. Swalwell).
Mr. SWALWELL of California. Madam Speaker, I rise in support of H.R.
4447, the Clean Economy Jobs and Innovation Act.
I want to thank Speaker Pelosi, Majority Leader Hoyer, Chairwoman
Johnson, Chairman Pallone, and minority leadership for working to put
this bill on the floor today.
I would like to focus on title X of this bill, which is an amended
version of my bill, H.R. 4481, the Securing Energy Critical Elements in
American Jobs Act of 2019.
[[Page H4876]]
Title X addresses energy-critical materials, which are important
components of advanced technologies, including cellphones, laptops, jet
engines, gas and wind turbines, solar panels, and state-of-the-art
batteries.
Our Nation relies on imports for at least 80 percent of its domestic
needs for 21 of 35 of these critical materials. Some of these materials
are difficult to mine cost effectively, and China controls 80 percent
of the supply. Ensuring a reliable, responsible, and stable supply of
critical materials is vital to our national, energy, and economic
security.
Previously, the Department of Energy established a limited-term
Critical Materials Institute to help ensure a reliable supply of
energy-critical materials. Unfortunately, CMI has never been
specifically authorized. The language I offered in title X would
properly authorize and codify CMI.
Additionally, the DOE would be required to utilize the expertise of
Federal agencies, the private sector, and our national laboratories.
Two of these laboratories, Lawrence Livermore and Sandia, are both in
my congressional district.
I would also like to thank my colleagues for including this language
in the package, and Adam Rosenberg on the committee staff for his work
on this topic and Adeola Adesina on my staff for the long work on this
topic, which has been for over 6 years in our office.
Tomorrow, I will launch the Critical Materials Caucus with my friend
from Pennsylvania, Republican Guy Reschenthaler, to continue work on
this issue.
I urge all Members to support H.R. 4447.
Mr. LUCAS. Madam Speaker, I yield 3 minutes to the gentleman from
Florida (Mr. Waltz), an esteemed member of the Science Committee.
Mr. WALTZ. Madam Speaker, H.R. 4447, the Clean Economy and Jobs
Innovation Act, authorizes research and development activities across
the Department of Energy's applied energy programs.
As my colleagues have noted, while there are several bipartisan
provisions in this package, they are outweighed, unfortunately, by
partisan priorities in a rushed and irresponsible legislative process.
I think, by now, we can all recognize how many missed opportunities
for true bipartisanship have been complicated by this approach.
Critical minerals is certainly one of them.
Critical minerals play a vital role in our everyday lives. Battery
storage, defense systems, healthcare equipment, medicines, things that
impact U.S. national security, economic growth, and energy independence
are all reliant on secure and safe access to critical minerals.
However, currently, the United States is dependent on other countries
for 31 of 35 critical minerals identified by the Department of the
Interior; and of these, 14 are imported to the U.S. at a rate of 100
percent.
On the list are lithium and graphite that power clean energy
solutions, all of which are controlled by China. China, in fact, holds
an overwhelming advantage in access to critical minerals, and the
COVID-19 pandemic has made it dangerously clear that we cannot, as a
nation, rely on China for our essential resources.
In May, I introduced H.R. 7061, the American Critical Mineral
Exploration Act, which builds on the successes of the Senate's American
Mineral Security Act by taking a more comprehensive approach to
onshoring these critical mineral supply chains.
{time} 1800
Earlier this year, it seemed like many of these provisions would be
considered in good-faith negotiations with Science Committee Democrats,
but unfortunately, despite our shared goals, we have had to pause
negotiations in order to now consider this partisan messaging bill that
is on the floor today. This is a waste of the taxpayers' money, and a
waste of the few remaining legislative days.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. LUCAS. Madam Speaker, I yield an additional 1 minute to the
gentleman from Florida (Mr. Waltz).
Mr. WALTZ. This is why I offered an amendment to replace the critical
materials text in H.R. 4447 with the American Critical Mineral
Exploration Act, and I was disappointed to see it was not made in
order. I find this surprising, since my bill serves as an expanded
companion to the Senate's Critical Mineral Security Act, which was
included in Chairwoman Murkowski's American Energy Innovation Act, and
House Democrats claim the goal of H.R. 4447 is to mirror that package.
We clearly see that is not to be the case.
It is time to get back to work on clean energy solutions, on
bipartisan solutions, and addressing China. It is time to act on our
promises of bipartisanship. The majority has now canceled our
agreements on the China Task Force, clean energy, and critical
minerals.
Madam Speaker, I urge my colleagues to oppose this legislation.
Ms. JOHNSON of Texas. Madam Speaker, I yield 2 minutes to the
gentleman from Illinois (Mr. Foster), a distinguished scientist and
member of the committee.
Mr. FOSTER. Madam Speaker, I rise in support of the Clean Economy
Jobs and Innovation Act.
This act includes provisions from the bipartisan H.R. 2986, the
Better Energy Storage Act, or BEST Act, led by me, Mr. Casten, Ms.
Herrera Beutler, and Mr. Gonzalez.
These provisions set forth a crosscutting program at the Department
of Energy to advance a suite of energy storage technologies. It directs
DOE to establish a research and development program for cost-effective,
sustainable energy storage systems, including testing and validation
activities.
It directs the Department to develop a 5-year strategic plan to
continue to identify and refine research goals for the program, and it
would establish an energy storage demonstration program to help put
more energy storage systems on the electric grid.
Energy storage technologies take many forms, including batteries,
pumped hydropower, thermal energy storage, or chemical energy stored as
hydrogen. The development of cost-effective storage systems will help
reduce the intermittency issues of renewable generation sources like
solar and wind energy and will also help provide grid services, such as
frequency regulation to ensure the stability of the electrical supply
that consumers depend on. And they will begin to address the seasonal
variation, which is the final frontier of energy storage technology.
In my home district of Illinois, researchers at Argonne National Lab
are leading a national collaboration to accelerate the development of
advanced batteries, including novel cathode, anode, and electrolyte
designs, as well as new materials synthesis and characterization tools.
And that is why I am so pleased to see provisions of the BEST Act in
the Clean Economy Jobs and Innovation Act.
I would be remiss if I did not acknowledge the hard work of my
colleague on the Science Committee, Mr. Casten, who introduced the
Promoting Grid Storage Act of 2019. His bill contained many important
provisions that have helped strengthen the version of the BEST Act that
we are considering within this package.
Madam Speaker, I urge my colleagues to join me and vote ``yes'' on
H.R. 4447.
Mr. LUCAS. Madam Speaker, I yield 2 minutes to the gentleman from
Indiana (Mr. Baird), the ranking member of the Subcommittee on Research
and Technology.
Mr. BAIRD. Madam Speaker, today I rise in opposition to H.R. 4447,
the Clean Economy Jobs and Innovation Act.
My reason for this is like many of my Republican colleagues, it has a
misguided focus on applied energy, and almost no focus or attention to
basic research.
The area I am concerned about is the lack of attention on biological
and environmental research, BER.
Just a few weeks ago, the Science Committee held a hearing on the
Department of Energy's BER office. We heard how their world-class user
facilities and bioenergy research centers bring together researchers
and data for open collaboration, not seen anywhere else in the world.
Ranking Member Lucas' bill, H.R. 5685, the Securing American
Leadership in Science and Technology Act,
[[Page H4877]]
authorizes these user facilities and bioenergy research centers, along
with a host of other basic research provisions.
My point is: That there are productive alternatives that have the
right focus and are ready to be passed, instead of this partisan
package in front of us today.
Ms. JOHNSON of Texas. Madam Speaker, I yield 2 minutes to the
gentleman from Pennsylvania (Mr. Lamb), a hardworking member of the
committee.
Mr. LAMB. Madam Speaker, I want to thank the chairwoman for bringing
this bill to the floor.
Madam Speaker, I come from western Pennsylvania, home of the first
oil well, home of coal and steel, home of the first nuclear power
plant, home of the fracking revolution, and most importantly, home of
the people who built all of these things.
And it is as a western Pennsylvanian today, not as a Democrat or
Republican, but as a western Pennsylvanian that I am proud to have
supported and contributed provisions to this bill. Both Democrats and
Republicans will vote for this bill tomorrow--they will. And that is
how it should be.
Somehow people got the idea that energy was one more topic that
should be politicized in America, and they are wrong. The future of
energy is about jobs, not red jobs, not blue jobs, just jobs. And we
know how to create jobs in America when we use our government to win
the race to new technologies. That is why I have never thought the best
analogy here is the New Deal, it is the Manhattan Project.
Back then, when we had a threat from outside our country, it required
us to double down on all the nuclear science and then get it out of the
lab and into the factories, into the power plants, into the
construction camps. We created jobs.
And just like that was a competition against Germany, and just like
today, we still thank the Greatest Generation for refusing to tolerate
Germany beating us to the bomb. Today, we should refuse to tolerate
China beating us to those jobs.
Someone will get these jobs. Someone will build the next advanced
nuclear reactor. Someone will figure out how to build a gas-fired power
plant with carbon storage, and someone will win the race on batteries.
It should be us. And this bill will give us a leg up in each one of
those technologies. There is no more time to waste.
My colleagues across the aisle have raised fair points about their
own ideas and legislation, but make no mistake, this bill is a
blueprint for more jobs, less carbon, more science, less partisanship,
and we should all pass it without delay.
Mr. LUCAS. Madam Speaker, I yield 2 minutes to the gentleman from
Idaho (Mr. Fulcher).
Mr. FULCHER. Madam Speaker, I stand in opposition to H.R. 4447. A
clean energy future is not possible without advanced nuclear energy.
We are in a global competition. Russia is building seven reactors in
Asia, has 22 more under contract in Asia and Europe, and proposals to
put more in Africa. China is on pace to double nuclear capacity by 2030
and has stated it wants to build 6 to 8 reactors a year. In the U.S. we
are currently building two.
If we fall behind, so does our national security and geopolitical
standing.
That is why I introduced the Next Generation Nuclear Advancement Act,
which was ruled out of order as an amendment. All sections of this act,
the Nuclear Energy Strategic Plan, and Integrated Energy and Light
Water Reactor Programs, have Senate counterparts with bipartisan
support.
These provisions need to be inserted for legislation to have a chance
at becoming law; anything less is only useful as a social media post.
Ms. JOHNSON of Texas. Madam Speaker, I yield 3 minutes to the
gentlewoman from Virginia (Mrs. Luria).
Mrs. LURIA. Madam Speaker, I rise today in support of this bill, H.R.
4447, and applaud the inclusion of nuclear power as a critical element
of our energy future and our national security.
As an engineer who operated nuclear reactors in the Navy, I saw
firsthand that nuclear power, when deployed safely and responsibly, can
play a key role in our future as a zero-carbon energy source. Advanced
nuclear designs carry potential for our economy, our national security,
and electrical grid, as they can provide a steady source of clean
energy and reduce carbon emissions.
The Nuclear Energy Leadership Act section of this bill would jump-
start innovation and advanced nuclear energy by authorizing $55 million
per year through 2025 for an advanced reactor technologies program and
establish the University Nuclear Leadership Program to develop our
future nuclear workforce.
The inclusion of my bipartisan legislation, the Nuclear Energy
Leadership Act, in this bill will facilitate the path to market for
advanced reactors and help the U.S. maintain international leadership
in nuclear technology and safety.
Madam Speaker, I thank Chairwoman Johnson and Representative Lamb,
and the Science, Space, and Technology Committee for working with me on
this important legislation, and for including the important element of
nuclear power in this energy package.
Mr. LUCAS. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, as I said in my opening statement, as ranking member
of the Science Committee, I am disappointed we are debating a messaging
bill today, rather than a substantive bipartisan bill, the kind that we
worked on to address clean energy and climate change.
I would like to thank my Republican colleagues, Energy Subcommittee
Ranking Member Weber, Space Subcommittee Ranking Member Babin, Research
and Technology Ranking Member Baird, and Representatives Waltz,
Crenshaw, and Fulcher, and many others for their hard work in
championing energy R&D issues that will truly deliver on the promise of
our clean energy future.
It is not too late to make progress. If there is one thing to take
away from this, it is that Science Committee Republicans are ready and
willing to work with our shared priorities.
So let's set aside this bipartisan messaging exercise and start
having serious conversations about supporting the basic research needed
to make real progress in clean energy.
Madam Speaker, I once again urge my colleagues to oppose this
legislation, and I yield back the balance of my time.
Ms. JOHNSON of Texas. Madam Speaker, I yield myself the balance of my
time.
Let me just simply say, our planet screams out for our help. This is
not intended to be a Democratic exercise. It is a stand for a real need
to give attention to the climate change we are experiencing that can
only get worse without us doing something.
So I extend my hand to the Republican members of this committee to
join us and understand that it is not just a political ploy that we are
trying to do here, it is time for us to address climate change. We are
suffering too much and losing to many unnecessary spent dollars dealing
with the situation that we are in now.
The people are depending on us to take the lead and address the
problem. So I plead with you, join with us. This is not partisan; it is
to save our planet. I ask you to support this bill, and I yield back
the balance of my time.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to clause 1(c) of rule XIX, further consideration of H.R.
4447 is postponed.
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