[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

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     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--

[[Page H4788]]

       (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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