II 

117TH CONGRESS 

1ST SESSION S. 3066 

To require the Secretary of Energy to establish a battery material processing 

grant program and a battery manufacturing and recycling grant program, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 26, 2021 

Ms. CORTEZ MASTO (for herself and Mr. KING) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To require the Secretary of Energy to establish a battery 

material processing grant program and a battery manufacturing and recycling grant program, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Battery Material Proc5 essing and Component Manufacturing Act of 2021’’. 

6 SEC. 2. BATTERY MATERIAL PROCESSING AND BATTERY 

7 MANUFACTURING AND RECYCLING GRANTS. 

8 (a) DEFINITIONS.—In this section: 


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1 (1) ADVANCED BATTERY.—The term ‘‘advanced 

2 battery’’ means a battery that consists of a battery 

3 cell that can be integrated into a module, pack, or 

4 system to be used in energy storage applications, in5 cluding electric vehicles and the electric grid. 

6 (2) ADVANCED BATTERY COMPONENT.— 

7 (A) IN GENERAL.—The term ‘‘advanced 

8 battery component’’ means a component of an 

9 advanced battery. 

10 (B) INCLUSIONS.—The term ‘‘advanced 

11 battery component’’ includes materials, en12 hancements, enclosures, anodes, cathodes, elec13 trolytes, cells, and other associated technologies 

14 that comprise an advanced battery. 

15 (3) BATTERY MATERIAL.—The term ‘‘battery 

16 material’’ means the raw and processed form of a 

17 mineral, metal, chemical, or other material used in 

18 an advanced battery component. 

19 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti20 ty’’ means an entity described in any of paragraphs 

21 (1) through (5) of section 989(b) of the Energy Pol22 icy Act of 2005 (42 U.S.C. 16353(b)). 

23 (5) FOREIGN ENTITY OF CONCERN.—The term 

24 ‘‘foreign entity of concern’’ means a foreign entity 

25 that is— 


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1 (A) designated as a foreign terrorist orga2 nization by the Secretary of State under section 

3 219(a) of the Immigration and Nationality Act 

4 (8 U.S.C. 1189(a)); 

5 (B) included on the list of specially des6 ignated nationals and blocked persons main7 tained by the Office of Foreign Assets Control 

8 of the Department of the Treasury (commonly 

9 known as the ‘‘SDN list’’); 

10 (C) owned by, controlled by, or subject to 

11 the jurisdiction or direction of a government of 

12 a foreign country that is a covered nation (as 

13 defined in section 2533c(d) of title 10, United 

14 States Code); 

15 (D) alleged by the Attorney General to 

16 have been involved in activities for which a con17 viction was obtained under— 

18 (i) chapter 37 of title 18, United 

19 States Code (commonly known as the ‘‘Es20 pionage Act’’); 

21 (ii) section 951 or 1030 of title 18, 

22 United States Code; 

23 (iii) chapter 90 of title 18, United 

24 States Code (commonly known as the 

25 ‘‘Economic Espionage Act of 1996’’); 


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1 (iv) the Arms Export Control Act (22 

2 U.S.C. 2751 et seq.); 

3 (v) section 224, 225, 226, 227, or 236 

4 of the Atomic Energy Act of 1954 (42 

5 U.S.C. 2274, 2275, 2276, 2277, and 

6 2284); 

7 (vi) the Export Control Reform Act of 

8 2018 (50 U.S.C. 4801 et seq.); or 

9 (vii) the International Emergency 

10 Economic Powers Act (50 U.S.C. 1701 et 

11 seq.); or 

12 (E) determined by the Secretary, in con13 sultation with the Secretary of Defense and the 

14 Director of National Intelligence, to be engaged 

15 in unauthorized conduct that is detrimental to 

16 the national security or foreign policy of the 

17 United States. 

18 (6) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

19 has the meaning given the term in section 4 of the 

20 Indian Self-Determination and Education Assistance 

21 Act (25 U.S.C. 5304). 

22 (7) MANUFACTURING.—The term ‘‘manufac23 turing’’, with respect to an advanced battery and an 

24 advanced battery component, means the industrial 


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1 and chemical steps taken to produce that advanced 

2 battery or advanced battery component, respectively. 

3 (8) PROCESSING.—The term ‘‘processing’’, with 

4 respect to battery material, means the refining of 

5 materials, including the treating, baking, and coat6 ing processes used to convert raw products into con7 stituent materials employed directly in advanced bat8 tery manufacturing. 

9 (9) RECYCLING.—The term ‘‘recycling’’ means 

10 the recovery of materials from advanced batteries to 

11 be reused in similar applications, including the ex12 tracting, processing, and recoating of battery mate13 rials and advanced battery components. 

14 (10) SECRETARY.—The term ‘‘Secretary’’ 

15 means the Secretary of Energy. 

16 (b) BATTERY MATERIAL PROCESSING GRANTS.— 

17 (1) IN GENERAL.—Not later than 180 days 

18 after the date of enactment of this Act, the Sec19 retary shall establish within the Office of Fossil En20 ergy a program, to be known as the ‘‘Battery Mate21 rial Processing Grant Program’’ (referred to in this 

22 subsection as the ‘‘program’’), under which the Sec23 retary shall award grants in accordance with this 

24 subsection. 


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1 (2) PURPOSES.—The purposes of the program 

2 are— 

3 (A) to ensure that the United States has 

4 a viable battery materials processing industry to 

5 supply the North American battery supply 

6 chain; 

7 (B) to expand the capabilities of the 

8 United States in advanced battery manufac9 turing; 

10 (C) to enhance national security by reduc11 ing the reliance of the United States on foreign 

12 competitors for critical materials and tech13 nologies; and 

14 (D) to enhance the domestic processing ca15 pacity of minerals necessary for battery mate16 rials and advanced batteries. 

17 (3) GRANTS.— 

18 (A) IN GENERAL.—Under the program, 

19 the Secretary shall award grants to eligible en20 tities— 

21 (i) to carry out 1 or more demonstra22 tion projects in the United States for the 

23 processing of battery materials; 


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1 (ii) to construct 1 or more new com2 mercial-scale battery material processing 

3 facilities in the United States; and 

4 (iii) to retool, retrofit, or expand 1 or 

5 more existing battery material processing 

6 facilities located in the United States and 

7 determined qualified by the Secretary. 

8 (B) AMOUNT LIMITATION.—The amount of 

9 a grant awarded under the program shall be 

10 not less than— 

11 (i) $50,000,000 for an eligible entity 

12 carrying out 1 or more projects described 

13 in subparagraph (A)(i); 

14 (ii) $100,000,000 for an eligible entity 

15 carrying out 1 or more projects described 

16 in subparagraph (A)(ii); and 

17 (iii) $50,000,000 for an eligible entity 

18 carrying out 1 or more projects described 

19 in subparagraph (A)(iii). 

20 (C) PRIORITY; CONSIDERATION.—In 

21 awarding grants to eligible entities under the 

22 program, the Secretary shall— 

23 (i) give priority to an eligible entity 

24 that— 


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1 (I) is located and operates in the 

2 United States; 

3 (II) is owned by a United States 

4 entity; 

5 (III) deploys North American6 owned intellectual property and con7 tent; 

8 (IV) represents consortia or in9 dustry partnerships; and 

10 (V) will not use battery material 

11 supplied by or originating from a for12 eign entity of concern; and 

13 (ii) take into consideration whether a 

14 project— 

15 (I) provides workforce opportuni16 ties in low- and moderate-income com17 munities; 

18 (II) encourages partnership with 

19 universities and laboratories to spur 

20 innovation and drive down costs; 

21 (III) partners with Indian Tribes; 

22 and 

23 (IV) takes into account— 

24 (aa) greenhouse gas emis25 sions reductions and energy effiVerDate Sep 11 2014 04:41 Oct 27, 2021 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3066.IS S3066

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1 cient battery material processing 

2 opportunities throughout the 

3 manufacturing process; and 

4 (bb) supply chain logistics. 

5 (4) AUTHORIZATION OF APPROPRIATIONS.— 

6 There is authorized to be appropriated to the Sec7 retary to carry out the program $3,000,000,000 for 

8 the period of fiscal years 2022 through 2026, to re9 main available until expended. 

10 (c) BATTERY MANUFACTURING AND RECYCLING

11 GRANTS.— 

12 (1) IN GENERAL.—Not later than 180 days 

13 after the date of enactment of this Act, the Sec14 retary shall establish within the Office of Energy Ef15 ficiency and Renewable Energy a battery manufac16 turing and recycling grant program (referred to in 

17 this subsection as the ‘‘program’’). 

18 (2) PURPOSE.—The purpose of the program is 

19 to ensure that the United States has a viable domes20 tic manufacturing and recycling capability to sup21 port and sustain a North American battery supply 

22 chain. 

23 (3) GRANTS.— 


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1 (A) IN GENERAL.—Under the program, 

2 the Secretary shall award grants to eligible en3 tities— 

4 (i) to carry out 1 or more demonstra5 tion projects for advanced battery compo6 nent manufacturing, advanced battery 

7 manufacturing, and recycling; 

8 (ii) to construct 1 or more new com9 mercial-scale advanced battery component 

10 manufacturing, advanced battery manufac11 turing, or recycling facilities in the United 

12 States; and 

13 (iii) to retool, retrofit, or expand 1 or 

14 more existing facilities located in the 

15 United States and determined qualified by 

16 the Secretary for advanced battery compo17 nent manufacturing, advanced battery 

18 manufacturing, and recycling. 

19 (B) AMOUNT LIMITATION.—The amount of 

20 a grant awarded under the program shall be 

21 not less than— 

22 (i) $50,000,000 for an eligible entity 

23 carrying out 1 or more projects described 

24 in subparagraph (A)(i); 


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1 (ii) $100,000,000 for an eligible entity 

2 carrying out 1 or more projects described 

3 in subparagraph (A)(ii); and 

4 (iii) $50,000,000 for an eligible entity 

5 carrying out 1 or more projects described 

6 in subparagraph (A)(iii). 

7 (C) PRIORITY; CONSIDERATION.—In 

8 awarding grants to eligible entities under the 

9 program, the Secretary shall— 

10 (i) give priority to an eligible entity 

11 that— 

12 (I) is located and operates in the 

13 United States; 

14 (II) is owned by a United States 

15 entity; 

16 (III) deploys North American17 owned intellectual property and con18 tent; 

19 (IV) represents consortia or in20 dustry partnerships; and 

21 (V)(aa) if the eligible entity will 

22 use the grant for advanced battery 

23 component manufacturing, will not 

24 use battery material supplied by or 


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1 originating from a foreign entity of 

2 concern; or 

3 (bb) if the eligible entity will use 

4 the grant for battery recycling, will 

5 not export recovered critical materials 

6 to a foreign entity of concern; and 

7 (ii) take into consideration whether a 

8 project— 

9 (I) provides workforce opportuni10 ties in low- and moderate-income or 

11 rural communities; 

12 (II) provides workforce opportu13 nities in communities that have lost 

14 jobs due to the displacements of fossil 

15 energy jobs; 

16 (III) encourages partnership with 

17 universities and laboratories to spur 

18 innovation and drive down costs; 

19 (IV) partners with Indian Tribes; 

20 (V) takes into account— 

21 (aa) greenhouse gas emis22 sions reductions and energy effi23 cient battery material processing 

24 opportunities throughout the 

25 manufacturing process; and 


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1 (bb) supply chain logistics; 

2 and 

3 (VI) utilizes feedstock produced 

4 in the United States. 

5 (4) AUTHORIZATION OF APPROPRIATIONS.— 

6 There is authorized to be appropriated to the Sec7 retary to carry out the program $3,000,000,000 for 

8 the period of fiscal years 2022 through 2026, to re9 main available until expended. 

10 (d) REPORTING REQUIREMENTS.—Not later than 1 

11 year after the date of enactment of this Act, and annually 

12 thereafter, the Secretary shall submit to Congress a report 

13 on the grant programs established under subsections (b) 

14 and (c), including, with respect to each grant program, 

15 a description of— 

16 (1) the number of grant applications received; 

17 (2) the number of grants awarded and the 

18 amount of each award; 

19 (3) the purpose and status of each project car20 ried out using a grant; and 

21 (4) any other information the Secretary deter22 mines necessary. 

Æ 


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