[Congressional Record Volume 167, Number 88 (Thursday, May 20, 2021)]
[Senate]
[Pages S3272-S3273]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1854. Mr. MANCHIN submitted an amendment intended to be proposed 
to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to 
establish a new Directorate for Technology and Innovation in the 
National Science Foundation, to establish a regional technology hub 
program, to require a strategy and report on economic security, 
science, research, innovation, manufacturing, and job creation, to 
establish a critical supply chain resiliency program, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end of title V of division B, add the following:

     SEC. 25__. ADVANCED ENERGY MANUFACTURING AND RECYCLING GRANT 
                   PROGRAM.

       (a) Definitions.--In this section:
       (1) Advanced energy property.--The term ``advanced energy 
     property'' means--
       (A) property designed to be used to produce energy from the 
     sun, water, wind, geothermal or hydrothermal (as those terms 
     are defined in section 612 of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17191)) resources, enhanced 
     geothermal systems (as defined in that section), or other 
     renewable resources;
       (B) fuel cells, microturbines, or energy storage systems 
     and components;
       (C) electric grid modernization equipment or components;
       (D) property designed to capture, remove, use, or sequester 
     carbon oxide emissions;
       (E) equipment designed to refine, electrolyze, or blend any 
     fuel, chemical, or product that is--
       (i) renewable; or
       (ii) low-carbon and low-emission;
       (F) property designed to produce energy conservation 
     technologies (including for residential, commercial, and 
     industrial applications);
       (G)(i) light-, medium-, or heavy-duty electric or fuel cell 
     vehicles;
       (ii) technologies, components, and materials of those 
     vehicles; and
       (iii) charging or refueling infrastructure associated with 
     those vehicles;
       (H)(i) hybrid vehicles with a gross vehicle weight rating 
     of not less than 14,000 pounds; and
       (ii) technologies, components, and materials for those 
     vehicles; and
       (I) other advanced energy property designed to reduce 
     greenhouse gas emissions, as may be determined by the 
     Secretary.
       (2) Covered census tract.--The term ``covered census 
     tract'' means a census tract--
       (A) in which, after December 31, 1999, a coal mine had 
     closed;
       (B) in which, after December 31, 2009, a coal-fired 
     electricity generating unit had been retired; or
       (C) that is immediately adjacent to a census tract 
     described in subparagraph (A) or (B).
       (3) Eligible entity.--The term ``eligible entity'' means a 
     manufacturing firm--
       (A) the gross annual sales of which are less than 
     $100,000,000;
       (B) that has fewer than 500 employees at the plant site of 
     the manufacturing firm; and
       (C) the annual energy bills of which total more than 
     $100,000 but less than $2,500,000.
       (4) Minority-owned.--The term ``minority-owned'', with 
     respect to an eligible entity, means an eligible entity not 
     less than 51 percent of which is owned by 1 or more Black 
     American, Native American, Hispanic American, or Asian 
     American individuals.
       (5) Program.--The term ``Program'' means the grant program 
     established under subsection (b).
       (6) Qualifying advanced energy project.--The term 
     ``qualifying advanced energy project'' means a project that--
       (A)(i) re-equips, expands, or establishes a manufacturing 
     or recycling facility for the production or recycling, as 
     applicable, of advanced energy property; or
       (ii) re-equips an industrial or manufacturing facility with 
     equipment designed to reduce the greenhouse gas emissions of 
     that facility substantially below the greenhouse gas 
     emissions under current best practices, as determined by the 
     Secretary, through the installation of--
       (I) low- or zero-carbon process heat systems;
       (II) carbon capture, transport, utilization, and storage 
     systems;
       (III) technology relating to energy efficiency and 
     reduction in waste from industrial processes; or
       (IV) any other industrial technology that significantly 
     reduces greenhouse gas emissions, as determined by the 
     Secretary;
       (B) has a reasonable expectation of commercial viability, 
     as determined by the Secretary; and
       (C) is located in a covered census tract.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (b) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall establish a 
     program to award grants to eligible entities to carry out 
     qualifying advanced energy projects.
       (c) Applications.--
       (1) In general.--Each 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 may require, including a description of the 
     proposed qualifying advanced energy project to be carried out 
     using the grant.
       (2) Selection criteria.--
       (A) Projects.--In selecting eligible entities to receive 
     grants under the Program, the Secretary shall, with respect 
     to the qualifying advanced energy projects proposed by the 
     eligible entities, give higher priority to projects that--
       (i) will provide higher net impact in avoiding or reducing 
     anthropogenic emissions of greenhouse gases;
       (ii) will result in a higher level of domestic job creation 
     (both direct and indirect) during the lifetime of the 
     project;
       (iii) will result in a higher level of job creation in the 
     vicinity of the project, particularly with respect to--

[[Page S3273]]

       (I) low-income communities (as described in section 45D(e) 
     of the Internal Revenue Code of 1986); and
       (II) dislocated workers who were previously employed in 
     manufacturing, coal power plants, or coal mining;

       (iv) have higher potential for technological innovation and 
     commercial deployment;
       (v) have a lower levelized cost of--

       (I) generated or stored energy; or
       (II) measured reduction in energy consumption or greenhouse 
     gas emission (based on costs of the full supply chain); and

       (vi) have a shorter project time.
       (B) Eligible entities.--In selecting eligible entities to 
     receive grants under the Program, the Secretary shall give 
     priority to eligible entities that are minority-owned.
       (d) Project Completion and Location; Return of Unobligated 
     Funds.--
       (1) Completion; return of unobligated funds.--An eligible 
     entity that receives a grant under the Program shall be 
     required--
       (A) to complete the qualifying advanced energy project 
     funded by the grant not later than 3 years after the date of 
     receipt of the grant funds; and
       (B) to return to the Secretary any grant funds that remain 
     unobligated at the end of that 3-year period.
       (2) Location.--If the Secretary determines that an eligible 
     entity awarded a grant under the Program has carried out the 
     applicable qualifying advanced energy project at a location 
     that is materially different from the location specified in 
     the application for the grant, the eligible entity shall be 
     required to return the grant funds to the Secretary.
       (e) Technical Assistance.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall provide technical 
     assistance on a selective basis to eligible entities that are 
     seeking a grant under the Program to enhance the impact of 
     the qualifying advanced energy project to be carried out 
     using the grant with respect to the selection criteria 
     described in subsection (c)(2)(A).
       (2) Applications.--An eligible entity desiring technical 
     assistance under paragraph (1) shall submit to the Secretary 
     an application at such time, in such manner, and containing 
     such information as the Secretary may require.
       (3) Factors for consideration.--In selecting eligible 
     entities for technical assistance under paragraph (1), the 
     Secretary shall give higher priority to eligible entities 
     that propose a qualifying advanced energy project that has 
     greater potential for enhancement of the impact of the 
     project with respect to the selection criteria described in 
     subsection (c)(2)(A).
       (f) Publication of Grants.--The Secretary shall make 
     publicly available the identity of each eligible entity 
     awarded a grant under the Program and the amount of the 
     grant.
       (g) Wage Rate Requirements.--
       (1) In general.--Notwithstanding any other provision of 
     law, all laborers and mechanics employed by contractors and 
     subcontractors on qualifying advanced energy projects funded 
     by a grant under the Program 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 (commonly known as the ``Davis-Bacon 
     Act'').
       (2) Authority.--With respect to the labor standards 
     specified in paragraph (1), 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.
       (h) Report.--Not later than 4 years after the date of 
     enactment this Act, the Secretary shall--
       (1) review the grants awarded under the Program; and
       (2) submit to the Committee on Energy and Natural Resources 
     of the Senate and the Committee on Energy and Commerce of the 
     House of Representatives a report describing those grants.
       (i) Funding.--There is appropriated to the Secretary, out 
     of amounts in the Treasury not otherwise appropriated, 
     $150,000,000 to carry out the Program for fiscal year 2022.
                                 ______