[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.
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