IIB 

116TH CONGRESS 

2D SESSION H. R. 4447 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 19, 2020 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

To establish an energy storage and microgrid grant and 

technical assistance program. 

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


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1 SECTION 1. SHORT TITLE. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Clean Economy Jobs and Innovation Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 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. 

Sec. 1122. Grants for energy efficiency improvements and renewable energy improvements at public school facilities. 

PART 4—NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

Sec. 1132. Research for effectiveness and standards. 

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. 


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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. 

Sec. 1604. Prohibition on category 1 respiratory sensitizers. 

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 


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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. 

Sec. 1806. Water heaters. 

Sec. 1807. Rebate program for energy efficient electrotechnologies. 

Sec. 1808. Removing barriers to efficiency. 

Sec. 1809. Home Wildfire Risk Reduction Rebate Program. 

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. 

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. 

Sec. 2208. Klamath Hydroelectric Settlement Agreement Tribal fairness. 

Subtitle C—Distributed Renewable Energy 

Sec. 2301. Definitions. 

Sec. 2302. Establishment of program to facilitate voluntary streamlined process 

for local permitting of qualifying distributed energy systems. 

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, lowincome and underserved areas. 

Sec. 2402. Establishment of community solar programs. 

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. 


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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. 

Sec. 2563. Produced water research and development program. 

Sec. 2564. Produced water demonstration program. 

PART 5—ENERGY EFFICIENCY AND RENEWABLE ENERGY RESEARCH AND

DEVELOPMENT

Sec. 2571. Authorization of appropriations. 

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. 

Subtitle G—Renewable Energy Grant Program 


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Sec. 2701. Renewable energy grant program. 

Subtitle H—Other 

Sec. 2801. Amendment to Energy Policy Act of 2005 definition of renewable 

energy. 

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. 

Sec. 3115. Carbon dioxide removal task force and report. 

Sec. 3116. National Academy of Sciences study on carbon capture technology. 

Sec. 3117. Study on Blue Hydrogen Technology. 

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. 

Subtitle D—Climate Smart Ports 

Sec. 3401. Climate smart ports grant program. 

Subtitle E—Interagency Task Force on Short-Lived Climate Pollutant 

Mitigation 

Sec. 3501. Interagency task force on short-lived climate pollutant mitigation. 

Subtitle F—Black Carbon 

Sec. 3601. Reduction of black carbon emissions. 

TITLE IV—NUCLEAR ENERGY 

Subtitle A—Advanced Nuclear Fuel Availability 

Sec. 4101. Program. 

Sec. 4102. Reports to Congress. 

Sec. 4103. Authorization of appropriations. 


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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. 

Subtitle D—FUSION ENERGY RESEARCH 

Sec. 4401. Fusion energy research. 

TITLE V—ELECTRIC GRID AND CYBERSECURITY 

Subtitle A—Electric Grid 

PART 1—21ST CENTURY POWER GRID

Sec. 5101. 21st Century Power Grid. 

Sec. 5102. Definitions. 

Sec. 5103. Power System modeling reform and updates to grid services and 

grid operator software. 

Sec. 5104. Advanced energy and grid efficiency studies and report. 

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


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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. 

Subtitle E—Utility Resilience and Reliability 

Sec. 5501. Reliability of bulk-power system in changing conditions. 

Sec. 5502. Electric grid resilience education program. 

Sec. 5503. Report on planned electric power outages due to extreme weather 

conditions. 

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. 

Subtitle G—Clean Refrigerated Vehicles Program 

Sec. 6701. Pilot program for the electrification of certain refrigerated vehicles. 


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Subtitle H—Low-Carbon Fuels 

Sec. 6801. Study by National Academy of Sciences. 

Subtitle I—Climate Action Planning for Ports 

Sec. 6901. Grants To reduce greenhouse gas emissions at ports. 

Subtitle J—Research and Development 

Sec. 6911. Definitions. 

Sec. 6912. Vehicle research and development. 

Sec. 6913. Research and development program for advanced vehicle manufacturing technologies. 

Sec. 6914. Authorization of appropriations. 

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. 

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. 

Subtitle D—Increasing and Mobilizing Partnerships to Achieve 

Commercialization of Technologies for Energy 

Sec. 8401. Short title. 

Sec. 8402. Definitions. 


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Sec. 8403. Energy Technology Commercialization Foundation. 

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 


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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. 

Sec. 11018. Climate Justice Grant Program. 

Sec. 11019. Environmental justice for communities overburdened by environmental violations. 

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. 

Sec. 12114. Renewable energy transition grant program. 

Sec. 12115. Energy Jobs Council and annual energy employment report. 

PART 3—MEASURING GREEN COLLAR JOB DEVELOPMENT

Sec. 12121. Measuring green jobs. 

PART 4—CLEAN ENERGY ECONOMY WORKFORCE

Sec. 12131. Clean Energy Economy Workforce Program. 

Subtitle B—Buy American and Wage Rate Requirements 


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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. 

Sec. 12303. Extension of authority for non-oil and gas operations on the Outer 

Continental Shelf. 

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. Report on effects of emissions from fossil fuel facilities. 

Sec. 12607. Wildfire hazard severity mapping for electric transmission and distribution infrastructure. 

Sec. 12608. Wildfire smoke emissions modeling and forecasting improvement 

program. 

Sec. 12609. Exposure to wildfire smoke and air pollution. 

Sec. 12610. Budgetary effects. 

Sec. 12611. Effective date. 

Sec. 12612. Effective date. 

Sec. 12613. Report on mining of critical minerals using forced labor in foreign 

countries. 

Sec. 12614. Tree planting grant program. 

Sec. 12615 Labor Standards. 

Sec. 12616. Affirming Protections for Children and Workers. 

Sec. 12617. Rural and remote communities electrification grants. 

Sec. 12618. Coal community resource clearinghouse. 

Sec. 12619. Report on fossil fuel subsidies. 

Sec. 12620. Publication of Interconnections Seams Study. 

Sec. 12621. Department of energy research mission on climate change and 

emissions reduction. 

Sec. 12622. Study on equitable distribution of benefits of clean energy. 

Sec. 12623. Study on certain climate change mitigation efforts. 

Sec. 12624. Low-Dose-Radiation Research. 

Sec. 12625. Online publication of greenhouse gas emissions. 

Sec. 12626. Sense of Congress. 

Sec. 12627. Use of bird-safe features, practices, and strategies in public buildings. 


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Sec. 12628. Gas waste reduction and enhancement of gas measuring and reporting. 

Subtitle G—Open Back Better 

Sec. 12701. Facilities energy resiliency. 

Sec. 12702. Personnel. 

Subtitle H—Zeroing Excess, Reducing Organic Waste, and Sustaining 

Technical Expertise 

Sec. 12801. Grant program. 

Sec. 12802. Grant awards. 

Sec. 12803. Reporting. 

Sec. 12804. Annual conference. 

Sec. 12805. Definitions. 

Sec. 12806. Authorization of appropriations. 

Subtitle I—Radon Abatement Reauthorization 

Sec. 12901. Technical assistance to States for radon programs reauthorized. 

Sec. 12902. Grant assistance to States for radon programs reauthorized. 

Sec. 12903. Regional radon training centers reauthorized. 

1 TITLE I—ENERGY EFFICIENCY 

2 Subtitle A—Buildings 

3 PART 1—BUILDING ENERGY CODES 

4 SEC. 1101. GREATER ENERGY EFFICIENCY IN BUILDING 

5 CODES. 

6 (a) DEFINITIONS.—Section 303 of the Energy Con7 servation and Production Act (42 U.S.C. 6832) is amend8 ed— 

9 (1) by striking paragraph (14) and inserting 

10 the following: 

11 ‘‘(14) MODEL BUILDING ENERGY CODE.—The 

12 term ‘model building energy code’ means a voluntary 

13 building energy code or standard developed and up14 dated by interested persons, such as the code or 

15 standard developed by— 


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1 ‘‘(A) the Council of American Building Of2 ficials, or its legal successor, International Code 

3 Council, Inc.; 

4 ‘‘(B) the American Society of Heating, Re5 frigerating, and Air-Conditioning Engineers; or 

6 ‘‘(C) other appropriate organizations.’’; 

7 and 

8 (2) by adding at the end the following: 

9 ‘‘(17) IECC.—The term ‘IECC’ means the 

10 International Energy Conservation Code. 

11 ‘‘(18) INDIAN TRIBE.—The term ‘Indian tribe’ 

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

13 Native American Housing Assistance and Self-De14 termination Act of 1996 (25 U.S.C. 4103).’’. 

15 (b) STATE BUILDING ENERGY EFFICIENCY

16 CODES.—Section 304 of the Energy Conservation and 

17 Production Act (42 U.S.C. 6833) is amended to read as 

18 follows: 

19 ‘‘SEC. 304. UPDATING STATE BUILDING ENERGY EFFI20 CIENCY CODES. 

21 ‘‘(a) VOLUNTARY CODES AND STANDARDS.—Not22 withstanding any other provision of this section, any 

23 model building code or standard established under section 

24 304 shall not be binding on a State, local government, or 

25 Indian tribe as a matter of Federal law. 


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1 ‘‘(b) ACTION BY SECRETARY.—The Secretary shall— 

2 ‘‘(1) encourage and support the adoption of 

3 building energy codes by States, Indian tribes, and, 

4 as appropriate, by local governments that meet or 

5 exceed the model building energy codes, or achieve 

6 equivalent or greater energy savings; and 

7 ‘‘(2) support full compliance with the State and 

8 local codes. 

9 ‘‘(c) STATE AND INDIAN TRIBE CERTIFICATION OF

10 BUILDING ENERGY CODE UPDATES.— 

11 ‘‘(1) REVIEW AND UPDATING OF CODES BY

12 EACH STATE AND INDIAN TRIBE.— 

13 ‘‘(A) IN GENERAL.—Not later than 2 years 

14 after the date of publication of a revision to a 

15 model building energy code, each State or In16 dian tribe shall certify whether the State or In17 dian tribe, respectively, has reviewed and up18 dated the energy provisions of the building code 

19 of the State or Indian tribe, respectively. 

20 ‘‘(B) DEMONSTRATION.—The certification 

21 shall include a demonstration of whether the 

22 energy savings for the code provisions that are 

23 in effect throughout the territory of the State 

24 or Indian tribe meet or exceed the energy sav25 ings of the updated model building energy code. 


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1 ‘‘(C) NO MODEL BUILDING ENERGY CODE

2 UPDATE.—If a model building energy code is 

3 not updated by a target date established under 

4 section 307(b)(2)(E), each State or Indian tribe 

5 shall, not later than 2 years after the specified 

6 date, certify whether the State or Indian tribe, 

7 respectively, has reviewed and updated the en8 ergy provisions of the building code of the State 

9 or Indian tribe, respectively, to meet or exceed 

10 the target in section 307(b)(2). 

11 ‘‘(2) VALIDATION BY SECRETARY.—Not later 

12 than 90 days after a State or Indian tribe certifi13 cation under paragraph (1), the Secretary shall— 

14 ‘‘(A) determine whether the code provi15 sions of the State or Indian tribe, respectively, 

16 meet the criteria specified in paragraph (1); 

17 and 

18 ‘‘(B) if the determination is positive, vali19 date the certification. 

20 ‘‘(d) IMPROVEMENTS IN COMPLIANCE WITH BUILD21 ING ENERGY CODES.— 

22 ‘‘(1) REQUIREMENT.— 

23 ‘‘(A) IN GENERAL.—Not later than 3 years 

24 after the date of a certification under sub25 section (c), each State and Indian tribe shall 


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1 certify whether the State and Indian tribe, re2 spectively, has— 

3 ‘‘(i) achieved full compliance under 

4 paragraph (3) with the applicable certified 

5 State and Indian tribe building energy 

6 code or with the associated model building 

7 energy code; or 

8 ‘‘(ii) made significant progress under 

9 paragraph (4) toward achieving compliance 

10 with the applicable certified State and In11 dian tribe building energy code or with the 

12 associated model building energy code. 

13 ‘‘(B) REPEAT CERTIFICATIONS.—If the 

14 State or Indian tribe certifies progress toward 

15 achieving compliance, the State or Indian tribe 

16 shall repeat the certification until the State or 

17 Indian tribe certifies that the State or Indian 

18 tribe has achieved full compliance, respectively. 

19 ‘‘(2) MEASUREMENT OF COMPLIANCE.—A cer20 tification under paragraph (1) shall include docu21 mentation of the rate of compliance based on— 

22 ‘‘(A) independent inspections of a random 

23 sample of the buildings covered by the code in 

24 the preceding year; or 


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1 ‘‘(B) an alternative method that yields an 

2 accurate measure of compliance. 

3 ‘‘(3) ACHIEVEMENT OF COMPLIANCE.—A State 

4 or Indian tribe shall be considered to achieve full 

5 compliance under paragraph (1) if— 

6 ‘‘(A) at least 90 percent of building space 

7 covered by the code in the preceding year sub8 stantially meets all the requirements of the ap9 plicable code specified in paragraph (1), or 

10 achieves equivalent or greater energy savings 

11 level; or 

12 ‘‘(B) the estimated excess energy use of 

13 buildings that did not meet the applicable code 

14 specified in paragraph (1) in the preceding 

15 year, compared to a baseline of comparable 

16 buildings that meet this code, is not more than 

17 5 percent of the estimated energy use of all 

18 buildings covered by this code during the pre19 ceding year. 

20 ‘‘(4) SIGNIFICANT PROGRESS TOWARD

21 ACHIEVEMENT OF COMPLIANCE.—A State or Indian 

22 tribe shall be considered to have made significant 

23 progress toward achieving compliance for purposes 

24 of paragraph (1) if the State or Indian tribe— 


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1 ‘‘(A) has developed and is implementing a 

2 plan for achieving compliance during the 8- 

3 year-period beginning on the date of enactment 

4 of the Clean Economy Jobs and Innovation Act, 

5 including annual targets for compliance and ac6 tive training and enforcement programs; and 

7 ‘‘(B) has met the most recent target under 

8 subparagraph (A). 

9 ‘‘(5) VALIDATION BY SECRETARY.—Not later 

10 than 90 days after a State or Indian tribe certifi11 cation under paragraph (1), the Secretary shall— 

12 ‘‘(A) determine whether the State or In13 dian tribe has demonstrated meeting the cri14 teria of this subsection, including accurate 

15 measurement of compliance; and 

16 ‘‘(B) if the determination is positive, vali17 date the certification. 

18 ‘‘(e) STATES OR INDIAN TRIBES THAT DO NOT

19 ACHIEVE COMPLIANCE.— 

20 ‘‘(1) REPORTING.—A State or Indian tribe that 

21 has not made a certification required under sub22 section (c) or (d) by the applicable deadline shall 

23 submit to the Secretary a report describing— 


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1 ‘‘(A) the status of the State or Indian tribe 

2 with respect to meeting the requirements and 

3 submitting the certification; and 

4 ‘‘(B) a plan for meeting the requirements 

5 and submitting the certification. 

6 ‘‘(2) FEDERAL SUPPORT.—For any State or In7 dian tribe for which the Secretary has not validated 

8 a certification by a deadline under subsection (c) or 

9 (d), the lack of the certification may be a consider10 ation for Federal support authorized under this sec11 tion for code adoption and compliance activities. 

12 ‘‘(3) LOCAL GOVERNMENT.—In any State or 

13 Indian tribe for which the Secretary has not vali14 dated a certification under subsection (c) or (d), a 

15 local government may be eligible for Federal support 

16 under subsections (f) and (g) by meeting the certifi17 cation requirements of subsections (c) and (d). 

18 ‘‘(4) REPORTS BY SECRETARY.— 

19 ‘‘(A) IN GENERAL.—Not later than De20 cember 31, 2021, and not less frequently than 

21 once every 3 years thereafter, the Secretary 

22 shall submit to Congress and publish a report 

23 describing— 

24 ‘‘(i) the status of model building en25 ergy codes; 


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1 ‘‘(ii) the status of code adoption and 

2 compliance in the States and Indian tribes; 

3 ‘‘(iii) implementation of this section; 

4 and 

5 ‘‘(iv) improvements in energy savings 

6 over time as result of the targets estab7 lished under section 307(b)(2). 

8 ‘‘(B) IMPACTS.—The report shall include 

9 estimates of impacts of past action under this 

10 section, and potential impacts of further action, 

11 on— 

12 ‘‘(i) upfront financial and construction 

13 costs, cost benefits and returns (using in14 vestment analysis), and lifetime energy use 

15 for buildings; 

16 ‘‘(ii) resulting energy costs to individ17 uals and businesses; and 

18 ‘‘(iii) resulting overall annual building 

19 ownership and operating costs. 

20 ‘‘(f) TECHNICAL ASSISTANCE TO STATES AND IN21 DIAN TRIBES.—The Secretary shall provide technical as22 sistance to States and Indian tribes to implement the goals 

23 and requirements of this section, including procedures and 

24 technical analysis for States and Indian tribes— 


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1 ‘‘(1) to improve and implement State residential 

2 and commercial building energy codes; 

3 ‘‘(2) to demonstrate that the code provisions of 

4 the States and Indian tribes achieve equivalent or 

5 greater energy savings than the model building en6 ergy codes and targets; 

7 ‘‘(3) to document the rate of compliance with a 

8 building energy code; and 

9 ‘‘(4) to otherwise promote the design and con10 struction of energy- and water-efficient buildings. 

11 ‘‘(g) AVAILABILITY OF INCENTIVE FUNDING.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall provide 

13 incentive funding to States and Indian tribes— 

14 ‘‘(A) to implement the requirements of this 

15 section; 

16 ‘‘(B) to improve and implement residential 

17 and commercial building energy codes, including 

18 increasing and verifying compliance with the 

19 codes and training of State, tribal, and local 

20 building code officials to implement and enforce 

21 the codes; and 

22 ‘‘(C) to promote building energy and water 

23 efficiency through the use of the codes and 

24 standards. 


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1 ‘‘(2) ADDITIONAL FUNDING.—Additional fund2 ing shall be provided under this subsection for im3 plementation of a plan to achieve and document full 

4 compliance with residential and commercial building 

5 energy codes under subsection (d)— 

6 ‘‘(A) to a State or Indian tribe for which 

7 the Secretary has validated a certification under 

8 subsection (c) or (d); and 

9 ‘‘(B) in a State or Indian tribe that is not 

10 eligible under subparagraph (A), to a local gov11 ernment that is eligible under this section. 

12 ‘‘(3) TRAINING.—Of the amounts made avail13 able under this subsection, the State or Indian tribe 

14 may use amounts required, but not to exceed 

15 $750,000 for a State, to train State and local build16 ing code officials to implement and enforce codes de17 scribed in paragraph (2). 

18 ‘‘(4) LOCAL GOVERNMENTS.—States may share 

19 grants under this subsection with local governments 

20 that implement and enforce the codes. 

21 ‘‘(h) STRETCH CODES AND ADVANCED STAND22 ARDS.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall provide 

24 technical and financial support for the development 


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1 of stretch codes and advanced standards for residen2 tial and commercial buildings for use as— 

3 ‘‘(A) an option for adoption as a building 

4 energy code by local, tribal, or State govern5 ments; and 

6 ‘‘(B) guidelines for energy-efficient build7 ing design. 

8 ‘‘(2) TARGETS.—The stretch codes and ad9 vanced standards shall be designed— 

10 ‘‘(A) to achieve substantial energy savings 

11 compared to the model building energy codes; 

12 and 

13 ‘‘(B) to meet targets under section 307(b), 

14 if available, at least 3 to 6 years in advance of 

15 the target years. 

16 ‘‘(i) STUDIES.—The Secretary, in consultation with 

17 building science experts from the National Laboratories 

18 and institutions of higher education, designers and build19 ers of energy-efficient residential and commercial build20 ings, code officials, code and standards developers, and 

21 other stakeholders, shall undertake a study of the feasi22 bility, impact, economics, and merit of— 

23 ‘‘(1) code and standards improvements that 

24 would require that buildings be designed, sited, and 

25 constructed in a manner that makes the buildings 


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1 more adaptable in the future to become zero-net-en2 ergy after initial construction, as advances are 

3 achieved in energy-saving technologies; 

4 ‘‘(2) code procedures to incorporate measured 

5 lifetimes, not just first-year energy use, in trade-offs 

6 and performance calculations; 

7 ‘‘(3) legislative options for increasing energy 

8 savings from building energy codes and standards, 

9 including additional incentives for effective State 

10 and local action, and verification of compliance with 

11 and enforcement of a code or standard other than by 

12 a State or local government; and 

13 ‘‘(4) code and standards improvements that 

14 consider energy efficiency and water efficiency and, 

15 to the maximum extent practicable, consider energy 

16 efficiency and water efficiency in an integrated man17 ner. 

18 ‘‘(j) EFFECT ON OTHER LAWS.—Nothing in this sec19 tion or section 307 supersedes or modifies the application 

20 of sections 321 through 346 of the Energy Policy and 

21 Conservation Act (42 U.S.C. 6291 et seq.). 

22 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 

23 is authorized to be appropriated to carry out this section 

24 and section 307 $200,000,000, to remain available until 

25 expended.’’. 


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1 (c) FEDERAL BUILDING ENERGY EFFICIENCY

2 STANDARDS.—Section 305 of the Energy Conservation 

3 and Production Act (42 U.S.C. 6834) is amended by strik4 ing ‘‘voluntary building energy code’’ each place it appears 

5 in subsections (a)(2)(B) and (b) and inserting ‘‘model 

6 building energy code’’. 

7 (d) MODEL BUILDING ENERGY CODES.— 

8 (1) IN GENERAL.—Section 307 of the Energy 

9 Conservation and Production Act (42 U.S.C. 6836) 

10 is amended to read as follows: 

11 ‘‘SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY 

12 CODES. 

13 ‘‘(a) IN GENERAL.—The Secretary shall support the 

14 updating of model building energy codes. 

15 ‘‘(b) TARGETS.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall sup17 port the updating of the model building energy codes 

18 to enable the achievement of aggregate energy sav19 ings targets established under paragraph (2). 

20 ‘‘(2) TARGETS.— 

21 ‘‘(A) IN GENERAL.—The Secretary shall 

22 work with State, Indian tribes, local govern23 ments, code and standards developers (such as 

24 the entities described in section 303(14)), and 

25 other interested parties to support the updating 


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1 of model building energy codes by establishing 

2 1 or more national aggregate energy savings 

3 targets to achieve the purposes of this section. 

4 ‘‘(B) SEPARATE TARGETS.—The Secretary 

5 shall establish separate targets for commercial 

6 and residential buildings. 

7 ‘‘(C) BASELINES.—The baseline for updat8 ing model building energy codes shall be the 

9 2009 IECC for residential buildings and 

10 ASHRAE Standard 90.1–2010 for commercial 

11 buildings. 

12 ‘‘(D) CODE CYCLES.—The targets estab13 lished under subparagraph (A) shall align with 

14 the respective code development cycles deter15 mined by the model building energy code-setting 

16 and standards development organizations de17 scribed in section 303(14). 

18 ‘‘(E) SPECIFIC YEARS.— 

19 ‘‘(i) IN GENERAL.—Targets for spe20 cific years shall be established and revised 

21 by the Secretary through rulemaking and 

22 coordinated with code and standards devel23 opers (such as the entities described in sec24 tion 303(14)) at a level that— 


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1 ‘‘(I) is at the maximum level of 

2 energy efficiency that is techno3 logically feasible and lifecycle cost ef4 fective, while accounting for the eco5 nomic considerations under paragraph 

6 (4); 

7 ‘‘(II) is higher than the preceding 

8 target; 

9 ‘‘(III) promotes the achievement 

10 of commercial and residential high11 performance buildings (as defined in 

12 section 401 of the Energy Independ13 ence and Security Act of 2007 (42 

14 U.S.C. 17061)) through high perform15 ance energy efficiency; and 

16 ‘‘(IV) takes into consideration 

17 the variations in climate zones used in 

18 model building energy codes. 

19 ‘‘(ii) INITIAL TARGETS.—Not later 

20 than 1 year after the date of enactment of 

21 this clause, the Secretary shall establish 

22 initial targets under this subparagraph. 

23 ‘‘(iii) DIFFERENT TARGET YEARS.— 

24 Subject to clause (i), prior to the applica25 ble year, the Secretary may set a later tarVerDate Sep 11 2014 00:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.RFS H4447

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1 get year for any of the model building en2 ergy codes described in subparagraph (A) 

3 if the Secretary determines that a target 

4 cannot be met. 

5 ‘‘(iv) SMALL BUSINESS.—When estab6 lishing targets under this paragraph 

7 through rulemaking, the Secretary shall 

8 ensure compliance with the Small Business 

9 Regulatory Enforcement Fairness Act of 

10 1996 (5 U.S.C. 601 note; Public Law 104– 

11 121). 

12 ‘‘(3) APPLIANCE STANDARDS AND OTHER FAC13 TORS AFFECTING BUILDING ENERGY USE.—In es14 tablishing building code targets under paragraph 

15 (2), the Secretary shall develop and adjust the tar16 gets in recognition of potential savings and costs re17 lating to— 

18 ‘‘(A) efficiency gains made in appliances, 

19 lighting, windows, insulation, and building enve20 lope sealing; 

21 ‘‘(B) advancement of distributed genera22 tion and on-site renewable power generation 

23 technologies; 

24 ‘‘(C) equipment improvements for heating, 

25 cooling, and ventilation systems; 


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1 ‘‘(D) building management systems and 

2 smart technologies to reduce energy use; and 

3 ‘‘(E) other technologies, practices, and 

4 building systems that the Secretary considers 

5 appropriate regarding building plug load and 

6 other energy uses. 

7 ‘‘(4) ECONOMIC CONSIDERATIONS.—In estab8 lishing and revising building code targets under 

9 paragraph (2), the Secretary shall consider the eco10 nomic feasibility of achieving the proposed targets 

11 established under this section and the potential costs 

12 and savings for consumers and building owners, in13 cluding a return on investment analysis. 

14 ‘‘(c) TECHNICAL ASSISTANCE TO MODEL BUILDING

15 ENERGY CODE-SETTING AND STANDARDS DEVELOPMENT

16 ORGANIZATIONS.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall, on a 

18 timely basis, provide technical assistance to model 

19 building energy code-setting and standards develop20 ment organizations consistent with the goals of this 

21 section. 

22 ‘‘(2) ASSISTANCE.—The assistance shall in23 clude, as requested by the organizations, technical 

24 assistance in— 


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1 ‘‘(A) evaluating code or standards pro2 posals or revisions; 

3 ‘‘(B) building energy and water analysis 

4 and design tools; 

5 ‘‘(C) building demonstrations; 

6 ‘‘(D) developing definitions of energy use 

7 intensity and building types for use in model 

8 building energy codes to evaluate the efficiency 

9 impacts of the model building energy codes; 

10 ‘‘(E) performance-based standards; 

11 ‘‘(F) evaluating economic considerations 

12 under subsection (b)(4); and 

13 ‘‘(G) developing model building energy 

14 codes by Indian tribes in accordance with tribal 

15 law. 

16 ‘‘(3) AMENDMENT PROPOSALS.—The Secretary 

17 may submit timely model building energy code 

18 amendment proposals to the model building energy 

19 code-setting and standards development organiza20 tions, with supporting evidence, sufficient to enable 

21 the model building energy codes to meet the targets 

22 established under subsection (b)(2). 

23 ‘‘(4) ANALYSIS METHODOLOGY.—The Secretary 

24 shall make publicly available the entire calculation 

25 methodology (including input assumptions and data) 


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1 used by the Secretary to estimate the energy savings 

2 of code or standard proposals and revisions. 

3 ‘‘(d) DETERMINATION.— 

4 ‘‘(1) REVISION OF MODEL BUILDING ENERGY

5 CODES.—If the provisions of the IECC or ASHRAE 

6 Standard 90.1 regarding building energy use are 

7 proposed to be revised, the Secretary shall make a 

8 preliminary determination, by not later than 90 days 

9 after the date of receipt of the proposed revision, 

10 and a final determination by not later than 15 

11 months after the date of publication of the revision, 

12 regarding whether the revision will— 

13 ‘‘(A) improve energy efficiency in build14 ings, as compared to the existing model build15 ing energy code; and 

16 ‘‘(B) meet the applicable targets under 

17 subsection (b)(2). 

18 ‘‘(2) CODES OR STANDARDS NOT MEETING TAR19 GETS.— 

20 ‘‘(A) PRELIMINARY DETERMINATION BY

21 SECRETARY.—If the Secretary makes a prelimi22 nary determination under paragraph (1)(B) 

23 that a code or standard does not meet an appli24 cable target under subsection (b)(2), the Sec25 retary shall contemporaneously provide to the 


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1 developer of the model building energy code or 

2 standard not fewer than 2 proposed changes 

3 that would result in a model building energy 

4 code that meets the applicable target, together 

5 with supporting evidence, taking into consider6 ation— 

7 ‘‘(i) whether the modified code is tech8 nically feasible and lifecycle cost effective; 

9 ‘‘(ii) available appliances, technologies, 

10 materials, and construction practices; and 

11 ‘‘(iii) the economic considerations 

12 under subsection (b)(4). 

13 ‘‘(B) DETERMINATION OR ELECTION BY

14 DEVELOPER.—Not later than 270 days after 

15 the date of receipt of proposed changes of the 

16 Secretary under subparagraph (A), a developer 

17 shall— 

18 ‘‘(i) determine whether— 

19 ‘‘(I) to publish a new revised 

20 code accepting the proposed changes; 

21 or 

22 ‘‘(II) to reject the proposed 

23 changes; or 

24 ‘‘(ii) if the developer elects not to 

25 make a determination under clause (i), 


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1 publish a notice of that election, together 

2 with the proposed changes. 

3 ‘‘(C) FINAL DETERMINATION BY SEC4 RETARY.— 

5 ‘‘(i) IN GENERAL.—A final determina6 tion by the Secretary shall be made on the 

7 model building energy code or standard, as 

8 modified by the changes proposed by the 

9 Secretary under subparagraph (A). 

10 ‘‘(ii) ADDITIONAL DETERMINA11 TIONS.—If a model building energy code or 

12 standards developer makes an election pur13 suant to subparagraph (B)(ii), the Sec14 retary shall make the following final deter15 minations for purposes of this subsection: 

16 ‘‘(I) A final determination re17 garding whether the code or standard 

18 of the developer, absent any changes 

19 proposed by the Secretary under sub20 paragraph (A), will— 

21 ‘‘(aa) improve energy effi22 ciency in buildings, as compared 

23 to the existing model building en24 ergy code; and 


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1 ‘‘(bb) meet the applicable 

2 targets under subsection (b)(2). 

3 ‘‘(II) A final determination re4 garding whether the code or standard 

5 of the developer, as modified by the 

6 changes proposed by the Secretary 

7 under subparagraph (A), would— 

8 ‘‘(aa) improve energy effi9 ciency in buildings, as compared 

10 to the existing model building en11 ergy code; and 

12 ‘‘(bb) meet the applicable 

13 targets under subsection (b)(2). 

14 ‘‘(e) ADMINISTRATION.—In carrying out this section, 

15 the Secretary shall— 

16 ‘‘(1) publish notice of targets and supporting 

17 analysis and determinations under this section in the 

18 Federal Register to provide an explanation of and 

19 the basis for such actions, including any supporting 

20 modeling, data, assumptions, protocols, and cost21 benefit analysis, including return on investment; and 

22 ‘‘(2) provide an opportunity for public comment 

23 on targets and supporting analysis and determina24 tions under this section.’’. 


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1 (2) CONFORMING AMENDMENT.—The table of 

2 contents for the Energy Conservation and Produc3 tion Act is amended by amending the item relating 

4 to section 307 to read as follows: 

‘‘Sec. 307. Support for model building energy codes.’’. 

5 SEC. 1102. COST-EFFECTIVE CODES IMPLEMENTATION FOR 

6 EFFICIENCY AND RESILIENCE. 

7 (a) IN GENERAL.—Title III of the Energy Conserva8 tion and Production Act (42 U.S.C. 6831 et seq.) is 

9 amended by adding at the end the following: 

10 ‘‘SEC. 309. COST-EFFECTIVE CODES IMPLEMENTATION FOR 

11 EFFICIENCY AND RESILIENCE. 

12 ‘‘(a) DEFINITIONS.—In this section: 

13 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en14 tity’ means— 

15 ‘‘(A) a relevant State agency, as deter16 mined by the Secretary, such as a State build17 ing code agency or State energy office; and 

18 ‘‘(B) a partnership. 

19 ‘‘(2) PARTNERSHIP.—The term ‘partnership’ 

20 means a partnership between an eligible entity de21 scribed in paragraph (1)(A) and 1 or more of the 

22 following entities: 

23 ‘‘(A) Local building code agencies. 

24 ‘‘(B) Codes and standards developers. 


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1 ‘‘(C) Associations of builders and design 

2 and construction professionals. 

3 ‘‘(D) Local and utility energy efficiency 

4 programs. 

5 ‘‘(E) Consumer, energy efficiency, and en6 vironmental advocates. 

7 ‘‘(F) Other entities, as determined by the 

8 Secretary. 

9 ‘‘(3) SECRETARY.—The term ‘Secretary’ means 

10 the Secretary of Energy. 

11 ‘‘(b) ESTABLISHMENT.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall estab13 lish within the Building Technologies Office of the 

14 Department of Energy a program under which the 

15 Secretary shall award grants on a competitive basis 

16 to eligible entities to enable sustained cost-effective 

17 implementation of updated building energy codes. 

18 ‘‘(2) UPDATED BUILDING ENERGY CODE.—An 

19 update to a building energy code under this section 

20 shall include any update made available after the ex21 isting building energy code, even if it is not the most 

22 recent updated code available. 

23 ‘‘(c) CRITERIA; PRIORITY.—In awarding grants 

24 under subsection (b), the Secretary shall— 

25 ‘‘(1) consider— 


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1 ‘‘(A) prospective energy savings and plans 

2 to measure the savings; 

3 ‘‘(B) the long-term sustainability of those 

4 measures and savings; 

5 ‘‘(C) prospective benefits, and plans to as6 sess the benefits, including benefits relating 

7 to— 

8 ‘‘(i) resilience and peak load reduc9 tion; 

10 ‘‘(ii) occupant safety and health; and 

11 ‘‘(iii) environmental performance; 

12 ‘‘(D) the demonstrated capacity of the eli13 gible entity to carry out the proposed project; 

14 and 

15 ‘‘(E) the need of the eligible entity for as16 sistance; and 

17 ‘‘(2) give priority to applications from partner18 ships. 

19 ‘‘(d) ELIGIBLE ACTIVITIES.— 

20 ‘‘(1) IN GENERAL.—An eligible entity awarded 

21 a grant under this section may use the grant 

22 funds— 

23 ‘‘(A) to create or enable State or regional 

24 partnerships to provide training and materials 

25 to— 


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1 ‘‘(i) builders, contractors and sub2 contractors, architects, and other design 

3 and construction professionals, relating to 

4 meeting updated building energy codes in a 

5 cost-effective manner; and 

6 ‘‘(ii) building code officials, relating to 

7 improving implementation of and compli8 ance with building energy codes; 

9 ‘‘(B) to collect and disseminate quan10 titative data on construction and codes imple11 mentation, including code pathways, perform12 ance metrics, and technologies used; 

13 ‘‘(C) to develop and implement a plan for 

14 highly effective codes implementation, including 

15 measuring compliance; 

16 ‘‘(D) to address various implementation 

17 needs in rural, suburban, and urban areas; 

18 ‘‘(E) to implement updates in energy codes 

19 for— 

20 ‘‘(i) new residential and commercial 

21 buildings (including multifamily buildings); 

22 and 

23 ‘‘(ii) additions and alterations to ex24 isting residential and commercial buildings 

25 (including multifamily buildings); and 


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1 ‘‘(F) to make an addition or alteration to, 

2 or to install, replace, or provide maintenance to, 

3 an air filtration and purification system of an 

4 HVAC system to meet exigencies related to the 

5 airborne epidemic transmissions of SARS– 

6 4CoV–2 or coronavirus disease 2019 (COVID– 

7 19). 

8 ‘‘(2) RELATED TOPICS.—Training and mate9 rials provided using a grant under this section may 

10 include information on the relationship between en11 ergy codes and— 

12 ‘‘(A) cost-effective, high-performance, and 

13 zero-net-energy buildings; 

14 ‘‘(B) improving resilience, health, and safe15 ty; 

16 ‘‘(C) water savings and other environ17 mental impacts; and 

18 ‘‘(D) the economic impacts of energy 

19 codes. 

20 ‘‘(e) PREVAILING WAGES.—All laborers and mechan21 ics employed by contractors or subcontractors in the per22 formance of construction, alteration, or repair work as23 sisted, in whole or in part, by a grant under this section 

24 shall be paid wages at rates not less than those prevailing 

25 on similar construction in the locality as determined by 


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1 the Secretary of Labor in accordance with subchapter IV 

2 of chapter 31 of title 40. With respect to the labor stand3 ards in this subsection, the Secretary of Labor shall have 

4 the authority and functions set forth in Reorganization 

5 Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. 

6 App.) and section 3145 of title 40. 

7 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to the Secretary to carry 

9 out this section— 

10 ‘‘(1) $25,000,000 for each of fiscal years 2021 

11 through 2030; and 

12 ‘‘(2) for fiscal year 2031 and each fiscal year 

13 thereafter, such sums as are necessary.’’. 

14 (b) CONFORMING AMENDMENTS.— 

15 (1) TABLE OF CONTENTS.—The table of con16 tents for the Energy Conservation and Production 

17 Act is amended by inserting after the item relating 

18 to section 308 the following: 

‘‘Sec. 309. Cost-effective codes implementation for efficiency and resilience.’’. 

19 (2) DEFINITIONS.—Section 303 of the Energy 

20 Conservation and Production Act (42 U.S.C. 6832) 

21 is amended, in the matter preceding paragraph (1), 

22 by striking ‘‘As used in’’ and inserting ‘‘Except as 

23 otherwise provided, in’’. 


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1 SEC. 1103. COMMERCIAL BUILDING ENERGY CONSUMPTION 

2 INFORMATION SHARING. 

3 (a) IN GENERAL.—Not later than 120 days after the 

4 date of enactment of this Act, the Administrator of the 

5 Energy Information Administration (referred to in this 

6 section as the ‘‘Administrator’’) and the Administrator of 

7 the Environmental Protection Agency shall sign, and sub8 mit to Congress, an information sharing agreement (re9 ferred to in this section as the ‘‘agreement’’) relating to 

10 commercial building energy consumption data. 

11 (b) CONTENT OF AGREEMENT.—The agreement 

12 shall— 

13 (1) provide that the Administrator shall have 

14 access to building-specific data in the Portfolio Man15 ager database of the Environmental Protection 

16 Agency; 

17 (2) describe the manner in which the Adminis18 trator shall incorporate appropriate data (including 

19 the data described in subsection (c)) into any Com20 mercial Buildings Energy Consumption Survey (re21 ferred to in this section as ‘‘CBECS’’) published 

22 after the date of enactment of this Act for the pur23 pose of analyzing and estimating building popu24 lation, size, location, activity, energy usage, and any 

25 other relevant building characteristic; and 

26 (3) describe and compare— 


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1 (A) the methodologies that the Energy In2 formation Administration, the Environmental 

3 Protection Agency, and State and local govern4 ment managers use to maximize the quality, re5 liability, and integrity of data collected through 

6 CBECS, the Portfolio Manager database of the 

7 Environmental Protection Agency, and State 

8 and local building energy disclosure laws (in9 cluding regulations), respectively, and the man10 ner in which those methodologies can be im11 proved; and 

12 (B) consistencies and variations in data for 

13 buildings that were captured in the 2012 

14 CBECS cycle and in the Portfolio Manager 

15 database of the Environmental Protection 

16 Agency. 

17 (c) DATA.—The data referred in subsection (b)(2) in18 cludes data that— 

19 (1) is collected through the Portfolio Manager 

20 database of the Environmental Protection Agency; 

21 (2) is required to be publicly available on the 

22 internet under State and local government building 

23 energy disclosure laws (including regulations); and 

24 (3) includes information on private sector build25 ings that are not less than 250,000 square feet. 


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1 (d) PROTECTION OF INFORMATION.—In carrying out 

2 the agreement, the Administrator and the Administrator 

3 of the Environmental Protection Agency shall protect in4 formation in accordance with— 

5 (1) section 552(b)(4) of title 5, United States 

6 Code (commonly known as the ‘Freedom of Informa7 tion Act’); 

8 (2) subchapter III of chapter 35 of title 44, 

9 United States Code; and 

10 (3) any other applicable law (including regula11 tions). 

12 PART 2—WORKER TRAINING AND CAPACITY 

13 BUILDING 

14 SEC. 1111. BUILDING TRAINING AND ASSESSMENT CEN15 TERS. 

16 (a) IN GENERAL.—The Secretary of Energy shall 

17 provide grants to institutions of higher education (as de18 fined in section 101 of the Higher Education Act of 1965 

19 (20 U.S.C. 1001)) and Tribal Colleges or Universities (as 

20 defined in section 316(b) of that Act (20 U.S.C. 

21 1059c(b))) to establish building training and assessment 

22 centers— 

23 (1) to identify opportunities for optimizing en24 ergy efficiency and environmental performance in 

25 buildings; 


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1 (2) to promote the application of emerging con2 cepts and technologies in commercial and institu3 tional buildings; 

4 (3) to train engineers, architects, building sci5 entists, building energy permitting and enforcement 

6 officials, and building technicians in energy-efficient 

7 design and operation; 

8 (4) to assist institutions of higher education 

9 and Tribal Colleges or Universities in training build10 ing technicians; 

11 (5) to promote research and development for 

12 the use of alternative energy sources and distributed 

13 generation to supply heat and power for buildings, 

14 particularly energy-intensive buildings; 

15 (6) to coordinate with and assist State-accred16 ited technical training centers, community colleges, 

17 and Tribal Colleges or Universities and ensure ap18 propriate services are provided under this section to 

19 each region of the United States; and 

20 (7) to identify diverse candidates and firms 

21 when procuring for the design and construction of 

22 training and assessment centers. 

23 (b) COORDINATION AND NONDUPLICATION.— 

24 (1) IN GENERAL.—The Secretary of Energy 

25 shall coordinate the program with the industrial reVerDate Sep 11 2014 00:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.RFS H4447

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1 search and assessment centers program and with 

2 other Federal programs to avoid duplication of ef3 fort. 

4 (2) COLLOCATION.—To the maximum extent 

5 practicable, building, training, and assessment cen6 ters established under this section shall be collocated 

7 with Industrial Assessment Centers. 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to carry out this section 

10 $10,000,000, to remain available until expended. 

11 SEC. 1112. CAREER SKILLS TRAINING. 

12 (a) DEFINITION OF ELIGIBLE ENTITY.—In this sec13 tion, the term ‘‘eligible entity’’ means a nonprofit partner14 ship that— 

15 (1) includes the equal participation of industry, 

16 including public or private employers, and labor or17 ganizations, including joint labor-management train18 ing programs; 

19 (2) may include workforce investment boards, 

20 community-based organizations, qualified service and 

21 conservation corps, educational institutions, small 

22 businesses, cooperatives, State and local veterans 

23 agencies, and veterans service organizations; and 

24 (3) demonstrates— 


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1 (A) experience in implementing and oper2 ating worker skills training and education pro3 grams; 

4 (B) the ability to identify and involve in 

5 training programs carried out under this sec6 tion, target populations of individuals who 

7 would benefit from training and be actively in8 volved in activities relating to energy efficiency 

9 and renewable energy industries; and 

10 (C) the ability to help individuals achieve 

11 economic self-sufficiency. 

12 (b) ESTABLISHMENT.—The Secretary of Energy 

13 shall award grants to eligible entities to pay the Federal 

14 share of associated career skills training programs under 

15 which students concurrently receive classroom instruction 

16 and on-the-job training for the purpose of obtaining an 

17 industry-related certification to install energy efficient 

18 buildings technologies, including technologies described in 

19 subsection (b)(3) of section 307 of the Energy Conserva20 tion and Production Act (42 U.S.C. 6836). 

21 (c) FEDERAL SHARE.—The Federal share of the cost 

22 of carrying out a career skills training program described 

23 in subsection (a) shall be 50 percent. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $10,000,000, to remain available until expended. 

4 PART 3—SCHOOL BUILDINGS 

5 SEC. 1121. COORDINATION OF ENERGY RETROFITTING AS6 SISTANCE FOR SCHOOLS. 

7 Section 392 of the Energy Policy and Conservation 

8 Act (42 U.S.C. 6371a) is amended by adding at the end 

9 the following: 

10 ‘‘(e) COORDINATION OF ENERGY RETROFITTING AS11 SISTANCE FOR SCHOOLS.— 

12 ‘‘(1) DEFINITION OF SCHOOL.—Notwith13 standing section 391(6), for the purposes of this 

14 subsection, the term ‘school’ means— 

15 ‘‘(A) an elementary school or secondary 

16 school (as defined in section 9101 of the Ele17 mentary and Secondary Education Act of 1965 

18 (20 U.S.C. 7801)); 

19 ‘‘(B) an institution of higher education (as 

20 defined in section 102(a) of the Higher Edu21 cation Act of 1965 (20 U.S.C. 1002(a))); 

22 ‘‘(C) a school of the defense dependents’ 

23 education system under the Defense Depend24 ents’ Education Act of 1978 (20 U.S.C. 921 et 


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1 seq.) or established under section 2164 of title 

2 10, United States Code; 

3 ‘‘(D) a school operated by the Bureau of 

4 Indian Affairs; 

5 ‘‘(E) a tribally controlled school (as de6 fined in section 5212 of the Tribally Controlled 

7 Schools Act of 1988 (25 U.S.C. 2511)); and 

8 ‘‘(F) a Tribal College or University (as de9 fined in section 316(b) of the Higher Education 

10 Act of 1965 (20 U.S.C. 1059c(b))). 

11 ‘‘(2) ESTABLISHMENT OF CLEARINGHOUSE.— 

12 The Secretary, acting through the Office of Energy 

13 Efficiency and Renewable Energy, shall establish a 

14 clearinghouse to disseminate information regarding 

15 available Federal programs and financing mecha16 nisms that may be used to help initiate, develop, and 

17 finance energy efficiency, distributed generation, and 

18 energy retrofitting projects for schools. 

19 ‘‘(3) REQUIREMENTS.—In carrying out para20 graph (2), the Secretary shall— 

21 ‘‘(A) consult with appropriate Federal 

22 agencies to develop a list of Federal programs 

23 and financing mechanisms that are, or may be, 

24 used for the purposes described in paragraph 

25 (2); and 


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1 ‘‘(B) coordinate with appropriate Federal 

2 agencies to develop a collaborative education 

3 and outreach effort to streamline communica4 tions and promote available Federal programs 

5 and financing mechanisms described in sub6 paragraph (A), which may include the develop7 ment and maintenance of a single online re8 source that includes contact information for rel9 evant technical assistance in the Office of En10 ergy Efficiency and Renewable Energy that 

11 States, local education agencies, and schools 

12 may use to effectively access and use such Fed13 eral programs and financing mechanisms.’’. 

14 SEC. 1122. GRANTS FOR ENERGY EFFICIENCY IMPROVE15 MENTS AND RENEWABLE ENERGY IMPROVE16 MENTS AT PUBLIC SCHOOL FACILITIES. 

17 (a) DEFINITIONS.—In this section: 

18 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti19 ty’’ means a consortium of— 

20 (A) one local educational agency; and 

21 (B) one or more— 

22 (i) schools; 

23 (ii) nonprofit organizations; 

24 (iii) for-profit organizations; or 


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1 (iv) community partners that have the 

2 knowledge and capacity to partner and as3 sist with energy improvements. 

4 (2) ENERGY IMPROVEMENTS.—The term ‘‘en5 ergy improvements’’ means— 

6 (A) any improvement, repair, or renova7 tion, to a school that will result in a direct re8 duction in school energy costs including but not 

9 limited to improvements to building envelope, 

10 air conditioning, ventilation, heating system, do11 mestic hot water heating, compressed air sys12 tems, distribution systems, lighting, power sys13 tems and controls; 

14 (B) any improvement, repair, renovation, 

15 or installation that leads to an improvement in 

16 teacher and student health including but not 

17 limited to indoor air quality, daylighting, ven18 tilation, electrical lighting, and acoustics; and 

19 (C) the installation of renewable energy 

20 technologies (such as wind power, photovoltaics, 

21 solar thermal systems, geothermal energy, hy22 drogen-fueled systems, biomass-based systems, 

23 biofuels, anaerobic digesters, and hydropower) 

24 involved in the improvement, repair, or renova25 tion to a school. 


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1 (b) AUTHORITY.—From amounts made available for 

2 grants under this section, the Secretary of Energy shall 

3 provide competitive grants to eligible entities to make en4 ergy improvements authorized by this section. 

5 (c) PRIORITY.—In making grants under this section, 

6 the Secretary shall give priority to eligible entities that 

7 have renovation, repair, and improvement funding needs 

8 and are— 

9 (1) a high-need local educational agency, as de10 fined in section 2102 of the Elementary and Sec11 ondary Education Act of 1965 (20 U.S.C. 6602); or 

12 (2) a local educational agency designated with 

13 a metrocentric locale code of 41, 42, or 43, as deter14 mined by the National Center for Education Statis15 tics (NCES), in conjunction with the Bureau of the 

16 Census, using the NCES system for classifying local 

17 educational agencies. 

18 (d) COMPETITIVE CRITERIA.—The competitive cri19 teria used by the Secretary shall include the following: 

20 (1) The fiscal capacity of the eligible entity to 

21 meet the needs for improvements of school facilities 

22 without assistance under this section, including the 

23 ability of the eligible entity to raise funds through 

24 the use of local bonding capacity and otherwise. 


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1 (2) The likelihood that the local educational 

2 agency or eligible entity will maintain, in good condi3 tion, any facility whose improvement is assisted. 

4 (3) The potential energy efficiency and safety 

5 benefits from the proposed energy improvements. 

6 (e) APPLICATIONS.—To be eligible to receive a grant 

7 under this section, an applicant must submit to the Sec8 retary an application that includes each of the following: 

9 (1) A needs assessment of the current condition 

10 of the school and facilities that are to receive the en11 ergy improvements. 

12 (2) A draft work plan of what the applicant 

13 hopes to achieve at the school and a description of 

14 the energy improvements to be carried out. 

15 (3) A description of the applicant’s capacity to 

16 provide services and comprehensive support to make 

17 the energy improvements. 

18 (4) An assessment of the applicant’s expected 

19 needs for operation and maintenance training funds, 

20 and a plan for use of those funds, if any. 

21 (5) An assessment of the expected energy effi22 ciency and safety benefits of the energy improve23 ments. 

24 (6) A cost estimate of the proposed energy im25 provements. 


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1 (7) An identification of other resources that are 

2 available to carry out the activities for which funds 

3 are requested under this section, including the avail4 ability of utility programs and public benefit funds. 

5 (f) USE OF GRANT AMOUNTS.— 

6 (1) IN GENERAL.—The recipient of a grant 

7 under this section shall use the grant amounts only 

8 to make the energy improvements contemplated in 

9 the application, subject to the other provisions of 

10 this subsection. 

11 (2) OPERATION AND MAINTENANCE TRAIN12 ING.—The recipient may use up to 5 percent for op13 eration and maintenance training for energy effi14 ciency and renewable energy improvements (such as 

15 maintenance staff and teacher training, education, 

16 and preventative maintenance training). 

17 (3) AUDIT.—The recipient may use funds for a 

18 third-party investigation and analysis for energy im19 provements (such as energy audits and existing 

20 building commissioning). 

21 (4) CONTINUING EDUCATION.—The recipient 

22 may use up to 1 percent of the grant amounts to de23 velop a continuing education curriculum relating to 

24 energy improvements. 

25 (g) CONTRACTING REQUIREMENTS.— 


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1 (1) DAVIS-BACON.—Any laborer or mechanic 

2 employed by any contractor or subcontractor in the 

3 performance of work on any energy improvements 

4 funded by a grant under this section shall be paid 

5 wages at rates not less than those prevailing on 

6 similar construction in the locality as determined by 

7 the Secretary of Labor under subchapter IV of chap8 ter 31 of title 40, United States Code (commonly re9 ferred to as the Davis-Bacon Act). 

10 (2) COMPETITION.—Each applicant that re11 ceives funds shall ensure that, if the applicant car12 ries out repair or renovation through a contract, any 

13 such contract process— 

14 (A) ensures the maximum number of quali15 fied bidders, including small, minority, and 

16 women-owned businesses, through full and open 

17 competition; and 

18 (B) gives priority to businesses located in, 

19 or resources common to, the State or the geo20 graphical area in which the project is carried 

21 out. 

22 (h) REPORTING.—Each recipient of a grant under 

23 this section shall submit to the Secretary, at such time 

24 as the Secretary may require, a report describing the use 

25 of such funds for energy improvements, the estimated cost 


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1 savings realized by those energy improvements, the results 

2 of any audit, the use of any utility programs and public 

3 benefit funds and the use of performance tracking for en4 ergy improvements (such as the Department of Energy: 

5 Energy Star program or LEED for Existing Buildings). 

6 (i) BEST PRACTICES.—The Secretary shall develop 

7 and publish guidelines and best practices for activities car8 ried out under this section. 

9 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this section 

11 $100,000,000 for each of fiscal years 2021 through 2025. 

12 PART 4—NATIONAL INSTITUTE OF STANDARDS 

13 AND TECHNOLOGY 

14 SEC. 1132. RESEARCH FOR EFFECTIVENESS AND STAND15 ARDS. 

16 The Director of the National Institute of Standards 

17 and Technology shall— 

18 (1) collect data following wildfires in the 

19 wildland-urban interface related to the influence of 

20 building materials on structural fires and how wind, 

21 terrain, and moisture affect wildland fires; and 

22 (2) contribute to the scientific basis for ana23 lyzing economic outcomes of wildland-urban inter24 face fire mitigation by conducting research on and 

25 developing metrics for the— 


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1 (A) relative contribution of moisture, 

2 weather, terrain, and infrastructure; 

3 (B) losses and erosion of the forest floor 

4 resulting from wildfires in the wildland urban 

5 interface; and 

6 (C) the performance of current designs, 

7 materials, and technologies used for— 

8 (i) residential structures; 

9 (ii) public and Federal government 

10 buildings; 

11 (iii) electric grid infrastructure; and 

12 (iv) other critical infrastructure. 

13 Subtitle B—Industrial Efficiency 

14 and Competitiveness 

15 PART 1—MANUFACTURING ENERGY EFFICIENCY 

16 SEC. 1201. PURPOSES. 

17 The purposes of this part are— 

18 (1) to establish a clear and consistent authority 

19 for industrial efficiency programs of the Department 

20 of Energy; 

21 (2) to accelerate the deployment of technologies 

22 and practices that will increase industrial energy ef23 ficiency and improve productivity; 

24 (3) to accelerate the development and dem25 onstration of technologies that will assist the deployVerDate Sep 11 2014 00:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.RFS H4447

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1 ment goals of the industrial efficiency programs of 

2 the Department of Energy and increase manufac3 turing efficiency; 

4 (4) to stimulate domestic economic growth and 

5 improve industrial productivity and competitiveness; 

6 (5) to meet the future workforce needs of in7 dustry; and 

8 (6) to strengthen partnerships between Federal 

9 and State governmental agencies and the private 

10 and academic sectors. 

11 SEC. 1202. FUTURE OF INDUSTRY PROGRAM AND INDUS12 TRIAL RESEARCH AND ASSESSMENT CEN13 TERS. 

14 (a) FUTURE OF INDUSTRY PROGRAM.—Section 452 

15 of the Energy Independence and Security Act of 2007 (42 

16 U.S.C. 17111) is amended— 

17 (1) by striking the section heading and insert18 ing the following: ‘‘FUTURE OF INDUSTRY PRO19 GRAM’’; 

20 (2) in subsection (a)(2)— 

21 (A) by redesignating subparagraph (E) as 

22 subparagraph (F); and 

23 (B) by inserting after subparagraph (D) 

24 the following: 


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1 ‘‘(E) water and wastewater treatment fa2 cilities, including systems that treat municipal, 

3 industrial, and agricultural waste; and’’; 

4 (3) by striking subsection (e); and 

5 (4) by redesignating subsection (f) as sub6 section (e). 

7 (b) INDUSTRIAL RESEARCH AND ASSESSMENT CEN8 TERS.—Subtitle D of title IV of the Energy Independence 

9 and Security Act of 2007 (42 U.S.C. 17111 et seq.) is 

10 amended by adding at the end the following: 

11 ‘‘SEC. 454. INDUSTRIAL RESEARCH AND ASSESSMENT CEN12 TERS. 

13 ‘‘(a) DEFINITIONS.—In this section: 

14 ‘‘(1) ENERGY SERVICE PROVIDER.—The term 

15 ‘energy service provider’ means— 

16 ‘‘(A) any business providing technology or 

17 services to improve the energy efficiency, water 

18 efficiency, power factor, or load management of 

19 a manufacturing site or other industrial process 

20 in an energy-intensive industry (as defined in 

21 section 452(a)); and 

22 ‘‘(B) any utility operating under a utility 

23 energy service project. 


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1 ‘‘(2) INDUSTRIAL RESEARCH AND ASSESSMENT

2 CENTER.—The term ‘industrial research and assess3 ment center’ means— 

4 ‘‘(A) an institution of higher education5 based industrial research and assessment center 

6 that is funded by the Secretary under sub7 section (b); and 

8 ‘‘(B) an industrial research and assess9 ment center at a trade school, community col10 lege, or union training program that is funded 

11 by the Secretary under subsection (f). 

12 ‘‘(b) INSTITUTION OF HIGHER EDUCATION-BASED

13 INDUSTRIAL RESEARCH AND ASSESSMENT CENTERS.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall provide 

15 funding to institution of higher education-based in16 dustrial research and assessment centers. 

17 ‘‘(2) PURPOSE.—The purpose of each institu18 tion of higher education-based industrial research 

19 and assessment center shall be— 

20 ‘‘(A) to identify opportunities for opti21 mizing energy efficiency and environmental per22 formance, including implementation of— 

23 ‘‘(i) smart manufacturing; 

24 ‘‘(ii) energy management systems; 

25 ‘‘(iii) sustainable manufacturing; and 


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1 ‘‘(iv) information technology advance2 ments for supply chain analysis, logistics, 

3 system monitoring, industrial and manu4 facturing processes, and other purposes; 

5 ‘‘(B) to promote applications of emerging 

6 concepts and technologies in small- and me7 dium-sized manufacturers (including water and 

8 wastewater treatment facilities and federally 

9 owned manufacturing facilities); 

10 ‘‘(C) to promote research and development 

11 for the use of alternative energy sources to sup12 ply heat, power, and new feedstocks for energy13 intensive industries; 

14 ‘‘(D) to coordinate with appropriate Fed15 eral and State research offices; 

16 ‘‘(E) to provide a clearinghouse for indus17 trial process and energy efficiency technical as18 sistance resources; and 

19 ‘‘(F) to coordinate with State-accredited 

20 technical training centers and community col21 leges, while ensuring appropriate services to all 

22 regions of the United States. 

23 ‘‘(c) COORDINATION.—To increase the value and ca24 pabilities of the industrial research and assessment cen25 ters, the centers shall— 


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1 ‘‘(1) coordinate with Manufacturing Extension 

2 Partnership Centers of the National Institute of 

3 Standards and Technology; 

4 ‘‘(2) coordinate with the Federal Energy Man5 agement Program and the Building Technologies 

6 Program of the Department of Energy to provide 

7 building assessment services to manufacturers; 

8 ‘‘(3) increase partnerships with the National 

9 Laboratories of the Department of Energy to lever10 age the expertise, technologies, and research and de11 velopment capabilities of the National Laboratories 

12 for national industrial and manufacturing needs; 

13 ‘‘(4) increase partnerships with energy service 

14 providers and technology providers to leverage pri15 vate sector expertise and accelerate deployment of 

16 new and existing technologies and processes for en17 ergy efficiency, power factor, and load management; 

18 ‘‘(5) identify opportunities for reducing green19 house gas emissions and other air emissions; and 

20 ‘‘(6) promote sustainable manufacturing prac21 tices for small- and medium-sized manufacturers. 

22 ‘‘(d) OUTREACH.—The Secretary shall provide fund23 ing for— 

24 ‘‘(1) outreach activities by the industrial re25 search and assessment centers to inform small- and 


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1 medium-sized manufacturers of the information, 

2 technologies, and services available; and 

3 ‘‘(2) coordination activities by each industrial 

4 research and assessment center to leverage efforts 

5 with— 

6 ‘‘(A) Federal and State efforts; 

7 ‘‘(B) the efforts of utilities and energy 

8 service providers; 

9 ‘‘(C) the efforts of regional energy effi10 ciency organizations; and 

11 ‘‘(D) the efforts of other industrial re12 search and assessment centers. 

13 ‘‘(e) CENTERS OF EXCELLENCE.— 

14 ‘‘(1) ESTABLISHMENT.—The Secretary shall es15 tablish a Center of Excellence at not more than 5 

16 of the highest-performing industrial research and as17 sessment centers, as determined by the Secretary. 

18 ‘‘(2) DUTIES.—A Center of Excellence shall co19 ordinate with and advise the industrial research and 

20 assessment centers located in the region of the Cen21 ter of Excellence, including— 

22 ‘‘(A) by mentoring new directors and staff 

23 of the industrial research and assessment cen24 ters with respect to— 

25 ‘‘(i) the availability of resources; and 


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1 ‘‘(ii) best practices for carrying out 

2 assessments, including through the partici3 pation of the staff of the Center of Excel4 lence in assessments carried out by new in5 dustrial research and assessment centers; 

6 ‘‘(B) by providing training to staff and 

7 students at the industrial research and assess8 ment centers on new technologies, practices, 

9 and tools to expand the scope and impact of the 

10 assessments carried out by the centers; 

11 ‘‘(C) by assisting the industrial research 

12 and assessment centers with specialized tech13 nical opportunities, including by providing a 

14 clearinghouse of available expertise and tools to 

15 assist the centers and clients of the centers in 

16 assessing and implementing those opportunities; 

17 ‘‘(D) by identifying and coordinating with 

18 regional, State, local, and utility energy effi19 ciency programs for the purpose of facilitating 

20 efforts by industrial research and assessment 

21 centers to connect industrial facilities receiving 

22 assessments from those centers with regional, 

23 State, local, and utility energy efficiency pro24 grams that could aid the industrial facilities in 


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1 implementing any recommendations resulting 

2 from the assessments; 

3 ‘‘(E) by facilitating coordination between 

4 the industrial research and assessment centers 

5 and other Federal programs described in para6 graphs (1) through (3) of subsection (c); and 

7 ‘‘(F) by coordinating the outreach activi8 ties of the industrial research and assessment 

9 centers under subsection (d)(1). 

10 ‘‘(3) FUNDING.—Subject to the availability of 

11 appropriations, for each fiscal year, out of any 

12 amounts made available to carry out this section 

13 under subsection (i), the Secretary shall use not less 

14 than $500,000 to support each Center of Excellence. 

15 ‘‘(f) EXPANSION OF INDUSTRIAL RESEARCH AND AS16 SESSMENT CENTERS.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall provide 

18 funding to establish additional industrial research 

19 and assessment centers at trade schools, community 

20 colleges, and union training programs. 

21 ‘‘(2) PURPOSE.— 

22 ‘‘(A) IN GENERAL.—Subject to subpara23 graph (B), to the maximum extent practicable, 

24 an industrial research and assessment center 

25 established under paragraph (1) shall have the 


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1 same purpose as an institution of higher edu2 cation-based industrial research center that is 

3 funded by the Secretary under subsection 

4 (b)(1). 

5 ‘‘(B) CONSIDERATION OF CAPABILITIES.— 

6 In evaluating or establishing the purpose of an 

7 industrial research and assessment center es8 tablished under paragraph (1), the Secretary 

9 shall take into consideration the varying capa10 bilities of trade schools, community colleges, 

11 and union training programs. 

12 ‘‘(g) WORKFORCE TRAINING.— 

13 ‘‘(1) INTERNSHIPS.—The Secretary shall pay 

14 the Federal share of associated internship programs 

15 under which students work with or for industries, 

16 manufacturers, and energy service providers to im17 plement the recommendations of industrial research 

18 and assessment centers. 

19 ‘‘(2) APPRENTICESHIPS.—The Secretary shall 

20 pay the Federal share of associated apprenticeship 

21 programs under which— 

22 ‘‘(A) students work with or for industries, 

23 manufacturers, and energy service providers to 

24 implement the recommendations of industrial 

25 research and assessment centers; and 


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1 ‘‘(B) employees of facilities that have re2 ceived an assessment from an industrial re3 search and assessment center work with or for 

4 an industrial research and assessment center to 

5 gain knowledge on engineering practices and 

6 processes to improve productivity and energy 

7 savings. 

8 ‘‘(3) FEDERAL SHARE.—The Federal share of 

9 the cost of carrying out internship programs de10 scribed in paragraph (1) and apprenticeship pro11 grams described in paragraph (2) shall be 50 per12 cent. 

13 ‘‘(h) SMALL BUSINESS LOANS.—The Administrator 

14 of the Small Business Administration shall, to the max15 imum extent practicable, expedite consideration of applica16 tions from eligible small business concerns for loans under 

17 the Small Business Act (15 U.S.C. 631 et seq.) to imple18 ment recommendations developed by the industrial re19 search and assessment centers. 

20 ‘‘(i) FUNDING.—There is authorized to be appro21 priated to the Secretary to carry out this section 

22 $30,000,000 for each fiscal year, to remain available until 

23 expended.’’. 


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1 (c) CLERICAL AMENDMENTS.—The table of contents 

2 of the Energy Independence and Security Act of 2007 (42 

3 U.S.C. prec. 17001) is amended— 

4 (1) in the item relating to section 452, by strik5 ing ‘‘Energy-intensive industries program’’ and in6 serting ‘‘Future of industry program’’; and 

7 (2) by adding at the end of the items relating 

8 to subtitle D of title IV the following: 

‘‘Sec. 454. Industrial research and assessment centers.’’. 

9 SEC. 1203. SUSTAINABLE MANUFACTURING INITIATIVE. 

10 (a) IN GENERAL.—Part E of title III of the Energy 

11 Policy and Conservation Act (42 U.S.C. 6341 et seq.) is 

12 amended by adding at the end the following: 

13 ‘‘SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE. 

14 ‘‘(a) IN GENERAL.—As part of the Office of Energy 

15 Efficiency and Renewable Energy of the Department of 

16 Energy, the Secretary, on the request of a manufacturer, 

17 shall carry out onsite technical assessments to identify op18 portunities for— 

19 ‘‘(1) maximizing the energy efficiency of indus20 trial processes and cross-cutting systems; 

21 ‘‘(2) preventing pollution and minimizing waste; 

22 ‘‘(3) improving efficient use of water in manu23 facturing processes; 

24 ‘‘(4) conserving natural resources; and 


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1 ‘‘(5) achieving such other goals as the Secretary 

2 determines to be appropriate. 

3 ‘‘(b) COORDINATION.—To implement any rec4 ommendations resulting from an onsite technical assess5 ment carried out under subsection (a) and to accelerate 

6 the adoption of new and existing technologies and proc7 esses that improve energy efficiency, the Secretary shall 

8 coordinate with— 

9 ‘‘(1) the Advanced Manufacturing Office of the 

10 Department of Energy; 

11 ‘‘(2) the Building Technologies Office of the 

12 Department of Energy; 

13 ‘‘(3) the Federal Energy Management Program 

14 of the Department of Energy; and 

15 ‘‘(4) the private sector and other appropriate 

16 agencies, including the National Institute of Stand17 ards and Technology. 

18 ‘‘(c) RESEARCH AND DEVELOPMENT PROGRAM FOR

19 SUSTAINABLE MANUFACTURING AND INDUSTRIAL TECH20 NOLOGIES AND PROCESSES.—As part of the industrial ef21 ficiency programs of the Department of Energy, the Sec22 retary shall carry out a joint industry-government partner23 ship program to research, develop, and demonstrate new 

24 sustainable manufacturing and industrial technologies and 


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1 processes that maximize the energy efficiency of industrial 

2 plants, reduce pollution, and conserve natural resources.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 of the Energy Policy and Conservation Act (42 U.S.C. 

5 prec. 6201) is amended by adding at the end of the items 

6 relating to part E of title III the following: 

‘‘Sec. 376. Sustainable manufacturing initiative.’’. 

7 SEC. 1204. CONFORMING AMENDMENTS. 

8 (a) Section 106 of the Energy Policy Act of 2005 (42 

9 U.S.C. 15811) and the item relating to such section in 

10 the table of contents of such Act are repealed. 

11 (b) Sections 131, 132, 133, 2103, and 2107 of the 

12 Energy Policy Act of 1992 (42 U.S.C. 6348, 6349, 6350, 

13 13453, 13456) and the items relating to such section in 

14 the table of contents of such Act are repealed. 

15 (c) Section 2101(a) of the Energy Policy Act of 1992 

16 (42 U.S.C. 13451(a)) is amended in the third sentence 

17 by striking ‘‘sections 2102, 2103, 2104, 2105, 2106, 

18 2107, and 2108’’ and inserting ‘‘sections 2102, 2104, 

19 2105, 2106, and 2108 of this Act and section 376 of the 

20 Energy Policy and Conservation Act,’’. 

21 PART 2—EXTENDED PRODUCT SYSTEM REBATE 

22 PROGRAM 

23 SEC. 1211. EXTENDED PRODUCT SYSTEM REBATE PRO24 GRAM. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) ELECTRIC MOTOR.—The term ‘‘electric 

2 motor’’ has the meaning given the term in section 

3 431.12 of title 10, Code of Federal Regulations (as 

4 in effect on the date of enactment of this Act). 

5 (2) ELECTRONIC CONTROL.—The term ‘‘elec6 tronic control’’ means— 

7 (A) a power converter; or 

8 (B) a combination of a power circuit and 

9 control circuit included on 1 chassis. 

10 (3) EXTENDED PRODUCT SYSTEM.—The term 

11 ‘‘extended product system’’ means an electric motor 

12 and any required associated electronic control and 

13 driven load that— 

14 (A) offers variable speed or multispeed op15 eration; 

16 (B) offers partial load control that reduces 

17 input energy requirements (as measured in kilo18 watt-hours) as compared to identified base lev19 els set by the Secretary of Energy; and 

20 (C)(i) has greater than 1 horsepower; and 

21 (ii) uses an extended product system tech22 nology, as determined by the Secretary of En23 ergy. 

24 (4) QUALIFIED EXTENDED PRODUCT SYS25 TEM.— 


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1 (A) IN GENERAL.—The term ‘‘qualified ex2 tended product system’’ means an extended 

3 product system that— 

4 (i) includes an electric motor and an 

5 electronic control; and 

6 (ii) reduces the input energy (as 

7 measured in kilowatt-hours) required to 

8 operate the extended product system by 

9 not less than 5 percent, as compared to 

10 identified base levels set by the Secretary 

11 of Energy. 

12 (B) INCLUSIONS.—The term ‘‘qualified ex13 tended product system’’ includes commercial or 

14 industrial machinery or equipment that— 

15 (i)(I) did not previously make use of 

16 the extended product system prior to the 

17 redesign described in subclause (II); and 

18 (II) incorporates an extended product 

19 system that has greater than 1 horsepower 

20 into redesigned machinery or equipment; 

21 and 

22 (ii) was previously used prior to, and 

23 was placed back into service during, cal24 endar year 2021 or 2022. 


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1 (b) ESTABLISHMENT.—Not later than 180 days after 

2 the date of enactment of this Act, the Secretary of Energy 

3 shall establish a program to provide rebates for expendi4 tures made by qualified entities for the purchase or instal5 lation of a qualified extended product system. 

6 (c) QUALIFIED ENTITIES.— 

7 (1) ELIGIBILITY REQUIREMENTS.—A qualified 

8 entity under this section shall be— 

9 (A) in the case of a qualified extended 

10 product system described in subsection 

11 (a)(4)(A), the purchaser of the qualified ex12 tended product that is installed; and 

13 (B) in the case of a qualified extended 

14 product system described in subsection 

15 (a)(4)(B), the manufacturer of the commercial 

16 or industrial machinery or equipment that in17 corporated the extended product system into 

18 that machinery or equipment. 

19 (2) APPLICATION.—To be eligible to receive a 

20 rebate under this section, a qualified entity shall 

21 submit to the Secretary of Energy— 

22 (A) an application in such form, at such 

23 time, and containing such information as the 

24 Secretary of Energy may require; and 


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1 (B) a certification that includes dem2 onstrated evidence— 

3 (i) that the entity is a qualified entity; 

4 and 

5 (ii)(I) in the case of a qualified entity 

6 described in paragraph (1)(A)— 

7 (aa) that the qualified entity in8 stalled the qualified extended product 

9 system during the 2 fiscal years fol10 lowing the date of enactment of this 

11 Act; 

12 (bb) that the qualified extended 

13 product system meets the require14 ments of subsection (a)(4)(A); and 

15 (cc) showing the serial number, 

16 manufacturer, and model number 

17 from the nameplate of the installed 

18 motor of the qualified entity on which 

19 the qualified extended product system 

20 was installed; or 

21 (II) in the case of a qualified entity 

22 described in paragraph (1)(B), dem23 onstrated evidence— 


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1 (aa) that the qualified extended 

2 product system meets the require3 ments of subsection (a)(4)(B); and 

4 (bb) showing the serial number, 

5 manufacturer, and model number 

6 from the nameplate of the installed 

7 motor of the qualified entity with 

8 which the extended product system is 

9 integrated. 

10 (d) AUTHORIZED AMOUNT OF REBATE.— 

11 (1) IN GENERAL.—The Secretary of Energy 

12 may provide to a qualified entity a rebate in an 

13 amount equal to the product obtained by multi14 plying— 

15 (A) an amount equal to the sum of the 

16 nameplate rated horsepower of— 

17 (i) the electric motor to which the 

18 qualified extended product system is at19 tached; and 

20 (ii) the electronic control; and 

21 (B) $25. 

22 (2) MAXIMUM AGGREGATE AMOUNT.—A quali23 fied entity shall not be entitled to aggregate rebates 

24 under this section in excess of $25,000 per calendar 

25 year. 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $5,000,000 for each of the first 2 full fiscal years following 

4 the date of enactment of this Act, to remain available until 

5 expended. 

6 PART 3—TRANSFORMER REBATE PROGRAM 

7 SEC. 1221. ENERGY EFFICIENT TRANSFORMER REBATE 

8 PROGRAM. 

9 (a) DEFINITIONS.—In this section: 

10 (1) QUALIFIED ENERGY EFFICIENT TRANS11 FORMER.—The term ‘‘qualified energy efficient 

12 transformer’’ means a transformer that meets or ex13 ceeds the applicable energy conservation standards 

14 described in the tables in subsection (b)(2) and 

15 paragraphs (1) and (2) of subsection (c) of section 

16 431.196 of title 10, Code of Federal Regulations (as 

17 in effect on the date of enactment of this Act). 

18 (2) QUALIFIED ENERGY INEFFICIENT TRANS19 FORMER.—The term ‘‘qualified energy inefficient 

20 transformer’’ means a transformer with an equal 

21 number of phases and capacity to a transformer de22 scribed in any of the tables in subsection (b)(2) and 

23 paragraphs (1) and (2) of subsection (c) of section 

24 431.196 of title 10, Code of Federal Regulations (as 


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1 in effect on the date of enactment of this Act) 

2 that— 

3 (A) does not meet or exceed the applicable 

4 energy conservation standards described in 

5 paragraph (1); and 

6 (B)(i) was manufactured between January 

7 1, 1987, and December 31, 2008, for a trans8 former with an equal number of phases and ca9 pacity as a transformer described in the table 

10 in subsection (b)(2) of section 431.196 of title 

11 10, Code of Federal Regulations (as in effect on 

12 the date of enactment of this Act); or 

13 (ii) was manufactured between January 1, 

14 1992, and December 31, 2011, for a trans15 former with an equal number of phases and ca16 pacity as a transformer described in the table 

17 in paragraph (1) or (2) of subsection (c) of that 

18 section (as in effect on the date of enactment 

19 of this Act). 

20 (3) QUALIFIED ENTITY.—The term ‘‘qualified 

21 entity’’ means an owner of industrial or manufac22 turing facilities, commercial buildings, or multifamily 

23 residential buildings, a utility, or an energy service 

24 company that fulfills the requirements of subsection 

25 (d). 


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1 (b) ESTABLISHMENT.—Not later than 90 days after 

2 the date of enactment of this Act, the Secretary of Energy 

3 shall establish a program to provide rebates to qualified 

4 entities for expenditures made by the qualified entity for 

5 the replacement of a qualified energy inefficient trans6 former with a qualified energy efficient transformer. 

7 (c) REQUIREMENTS.—To be eligible to receive a re8 bate under this section, an entity shall submit to the Sec9 retary of Energy an application in such form, at such 

10 time, and containing such information as the Secretary 

11 of Energy may require, including demonstrated evidence— 

12 (1) that the entity purchased a qualified energy 

13 efficient transformer; 

14 (2) of the core loss value of the qualified energy 

15 efficient transformer; 

16 (3) of the age of the qualified energy inefficient 

17 transformer being replaced; 

18 (4) of the core loss value of the qualified energy 

19 inefficient transformer being replaced— 

20 (A) as measured by a qualified professional 

21 or verified by the equipment manufacturer, as 

22 applicable; or 

23 (B) for transformers described in sub24 section (a)(2)(B)(i), as selected from a table of 

25 default values as determined by the Secretary 


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1 of Energy in consultation with applicable indus2 try; and 

3 (5) that the qualified energy inefficient trans4 former has been permanently decommissioned and 

5 scrapped. 

6 (d) AUTHORIZED AMOUNT OF REBATE.—The 

7 amount of a rebate provided under this section shall be— 

8 (1) for a 3-phase or single-phase transformer 

9 with a capacity of not less than 10 and not greater 

10 than 2,500 kilovolt-amperes, twice the amount equal 

11 to the difference in Watts between the core loss 

12 value (as measured in accordance with paragraphs 

13 (2) and (4) of subsection (c)) of— 

14 (A) the qualified energy inefficient trans15 former; and 

16 (B) the qualified energy efficient trans17 former; or 

18 (2) for a transformer described in subsection 

19 (a)(2)(B)(i), the amount determined using a table of 

20 default rebate values by rated transformer output, 

21 as measured in kilovolt-amperes, as determined by 

22 the Secretary of Energy in consultation with applica23 ble industry. 

24 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to carry out this section 


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1 $5,000,000 for each of fiscal years 2021 and 2022, to re2 main available until expended. 

3 (f) TERMINATION OF EFFECTIVENESS.—The author4 ity provided by this section terminates on December 31, 

5 2022. 

6 Subtitle C—Federal Agency Energy 

7 Efficiency 

8 SEC. 1301. ENERGY-EFFICIENT AND ENERGY-SAVING IN9 FORMATION TECHNOLOGIES. 

10 (a) IN GENERAL.—Subtitle C of title V of the Energy 

11 Independence and Security Act of 2007 (Public Law 110– 

12 140; 121 Stat. 1661) is amended by adding at the end 

13 the following: 

14 ‘‘SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR15 MATION TECHNOLOGIES. 

16 ‘‘(a) DEFINITIONS.—In this section: 

17 ‘‘(1) DIRECTOR.—The term ‘Director’ means 

18 the Director of the Office of Management and Budg19 et. 

20 ‘‘(2) INFORMATION TECHNOLOGY.—The term 

21 ‘information technology’ has the meaning given that 

22 term in section 11101 of title 40, United States 

23 Code. 

24 ‘‘(b) DEVELOPMENT OF IMPLEMENTATION STRAT25 EGY.—Not later than 1 year after the date of enactment 


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1 of this section, each Federal agency shall coordinate with 

2 the Director, the Secretary, and the Administrator of the 

3 Environmental Protection Agency to develop an implemen4 tation strategy (that includes best practices and measure5 ment and verification techniques) for the maintenance, 

6 purchase, and use by the Federal agency of energy-effi7 cient and energy-saving information technologies at or for 

8 federally owned and operated facilities, taking into consid9 eration the performance goals established under sub10 section (d). 

11 ‘‘(c) ADMINISTRATION.—In developing an implemen12 tation strategy under subsection (b), each Federal agency 

13 shall consider— 

14 ‘‘(1) advanced metering infrastructure; 

15 ‘‘(2) energy-efficient data center strategies and 

16 methods of increasing asset and infrastructure utili17 zation; 

18 ‘‘(3) advanced power management tools; 

19 ‘‘(4) building information modeling, including 

20 building energy management; 

21 ‘‘(5) secure telework and travel substitution 

22 tools; and 

23 ‘‘(6) mechanisms to ensure that the agency re24 alizes the energy cost savings brought about through 

25 increased efficiency and utilization. 


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1 ‘‘(d) PERFORMANCE GOALS.— 

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

3 after the date of enactment of this section, the Di4 rector, in consultation with the Secretary, shall es5 tablish performance goals for evaluating the efforts 

6 of Federal agencies in improving the maintenance, 

7 purchase, and use of energy-efficient and energy-sav8 ing information technology at or for federally owned 

9 and operated facilities. 

10 ‘‘(2) BEST PRACTICES.—The Chief Information 

11 Officers Council established under section 3603 of 

12 title 44, United States Code, shall recommend best 

13 practices for the attainment of the performance 

14 goals, which shall include Federal agency consider15 ation of, to the extent applicable by law, the use 

16 of— 

17 ‘‘(A) energy savings performance con18 tracting; and 

19 ‘‘(B) utility energy services contracting. 

20 ‘‘(e) REPORTS.— 

21 ‘‘(1) AGENCY REPORTS.—Each Federal agency 

22 shall include in the report of the agency under sec23 tion 527 a description of the efforts and results of 

24 the agency under this section. 


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1 ‘‘(2) OMB GOVERNMENT EFFICIENCY REPORTS

2 AND SCORECARDS.—Effective beginning not later 

3 than October 1, 2021, the Director shall include in 

4 the annual report and scorecard of the Director re5 quired under section 528 a description of the efforts 

6 and results of Federal agencies under this section.’’. 

7 (b) CONFORMING AMENDMENT.—The table of con8 tents for the Energy Independence and Security Act of 

9 2007 is amended by adding after the item relating to sec10 tion 529 the following: 

‘‘Sec. 530. Energy-efficient and energy-saving information technologies.’’. 

11 SEC. 1302. ENERGY EFFICIENT DATA CENTERS. 

12 Section 453 of the Energy Independence and Security 

13 Act of 2007 (42 U.S.C. 17112) is amended— 

14 (1) in subsection (b)— 

15 (A) in paragraph (2)(D)(iv), by striking 

16 ‘‘determined by the organization’’ and inserting 

17 ‘‘proposed by the stakeholders’’; and 

18 (B) by striking paragraph (3); and 

19 (2) by striking subsections (c) through (g) and 

20 inserting the following: 

21 ‘‘(c) STAKEHOLDER INVOLVEMENT.—The Secretary 

22 and the Administrator shall carry out subsection (b) in 

23 collaboration with information technology industry and 

24 other key stakeholders, with the goal of producing results 

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1 mation. In such collaboration, the Secretary and the Ad2 ministrator shall pay particular attention to organizations 

3 that— 

4 ‘‘(1) have members with expertise in energy ef5 ficiency and in the development, operation, and 

6 functionality of data centers, information technology 

7 equipment, and software, such as representatives of 

8 hardware manufacturers, data center operators, and 

9 facility managers; 

10 ‘‘(2) obtain and address input from Department 

11 of Energy National Laboratories or any college, uni12 versity, research institution, industry association, 

13 company, or public interest group with applicable ex14 pertise; 

15 ‘‘(3) follow— 

16 ‘‘(A) commonly accepted procedures for 

17 the development of specifications; and 

18 ‘‘(B) accredited standards development 

19 processes; and 

20 ‘‘(4) have a mission to promote energy effi21 ciency for data centers and information technology. 

22 ‘‘(d) MEASUREMENTS AND SPECIFICATIONS.—The 

23 Secretary and the Administrator shall consider and assess 

24 the adequacy of the specifications, measurements, best 

25 practices, and benchmarks described in subsection (b) for 


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1 use by the Federal Energy Management Program, the En2 ergy Star Program, and other efficiency programs of the 

3 Department of Energy or the Environmental Protection 

4 Agency. 

5 ‘‘(e) STUDY.—The Secretary, in collaboration with 

6 the Administrator, shall, not later than 4 years after the 

7 date of enactment of the Clean Economy Jobs and Innova8 tion Act, make available to the public an update to the 

9 report of the Lawrence Berkeley National Laboratory en10 titled ‘United States Data Center Energy Usage Report’ 

11 and dated June, 2016 (prepared as an update to the Re12 port to Congress on Server and Data Center Energy Effi13 ciency, published on August 2, 2007, under section 1 of 

14 Public Law 109–431 (120 Stat. 2920)), that includes— 

15 ‘‘(1) a comparison and gap analysis of the esti16 mates and projections contained in the report with 

17 new data regarding the period from 2015 through 

18 2020; 

19 ‘‘(2) an analysis considering the impact of in20 formation technologies, including virtualization and 

21 cloud computing, in the public and private sectors; 

22 ‘‘(3) an evaluation of the impact of the com23 bination of cloud platforms, mobile devices, social 

24 media, and big data on data center energy usage; 


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1 ‘‘(4) an evaluation of water usage in data cen2 ters and recommendations for reductions in such 

3 water usage; and 

4 ‘‘(5) updated projections and recommendations 

5 for best practices through fiscal year 2025. 

6 ‘‘(f) DATA CENTER ENERGY PRACTITIONER PRO7 GRAM.—The Secretary, in collaboration with key stake8 holders and the Director of the Office of Management and 

9 Budget, shall maintain a data center energy practitioner 

10 program that leads to the certification of energy practi11 tioners qualified to evaluate the energy usage and effi12 ciency opportunities in federally owned and operated data 

13 centers. Each Federal agency shall consider having the 

14 data centers of the agency evaluated every 4 years, in ac15 cordance with section 543(f) of the National Energy Con16 servation Policy Act, by energy practitioners certified pur17 suant to such program. 

18 ‘‘(g) OPEN DATA INITIATIVE.—The Secretary, in col19 laboration with key stakeholders and the Office of Man20 agement and Budget, shall establish an open data initia21 tive relating to energy usage at federally owned and oper22 ated data centers, with the purpose of making such data 

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1 tion. In establishing the initiative, the Secretary shall con2 sider the use of the online Data Center Maturity Model. 

3 ‘‘(h) INTERNATIONAL SPECIFICATIONS AND

4 METRICS.—The Secretary, in collaboration with key 

5 stakeholders, shall actively participate in efforts to har6 monize global specifications and metrics for data center 

7 energy and water efficiency. 

8 ‘‘(i) DATA CENTER UTILIZATION METRIC.—The Sec9 retary, in collaboration with key stakeholders, shall facili10 tate in the development of an efficiency metric that meas11 ures the energy efficiency of a data center (including 

12 equipment and facilities). 

13 ‘‘(j) PROTECTION OF PROPRIETARY INFORMATION.— 

14 The Secretary and the Administrator shall not disclose 

15 any proprietary information or trade secrets provided by 

16 any individual or company for the purposes of carrying 

17 out this section or the programs and initiatives established 

18 under this section.’’. 

19 Subtitle D—Regulatory Provisions 

20 PART 1—FEDERAL GREEN BUILDINGS 

21 SEC. 1401. HIGH-PERFORMANCE GREEN FEDERAL BUILD22 INGS. 

23 Section 436(h) of the Energy Independence and Se24 curity Act of 2007 (42 U.S.C. 17092(h)) is amended— 


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1 (1) in the subsection heading, by striking ‘‘SYS2 TEM’’ and inserting ‘‘SYSTEMS’’; 

3 (2) by striking paragraph (1) and inserting the 

4 following: 

5 ‘‘(1) IN GENERAL.—Based on an ongoing re6 view, the Federal Director shall identify and shall 

7 provide to the Secretary pursuant to section 

8 305(a)(3)(D) of the Energy Conservation and Pro9 duction Act (42 U.S.C. 6834(a)(3)(D)) a list of 

10 those certification systems that the Director identi11 fies as the most likely to encourage a comprehensive 

12 and environmentally sound approach to certification 

13 of green buildings.’’; and 

14 (3) in paragraph (2)— 

15 (A) in the matter preceding subparagraph 

16 (A), by striking ‘‘system’’ and inserting ‘‘sys17 tems’’; 

18 (B) by striking subparagraph (A) and in19 serting the following: 

20 ‘‘(A) an ongoing review provided to the 

21 Secretary pursuant to section 305(a)(3)(D) of 

22 the Energy Conservation and Production Act 

23 (42 U.S.C. 6834(a)(3)(D)), which shall— 


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1 ‘‘(i) be carried out by the Federal Di2 rector to compare and evaluate standards; 

3 and 

4 ‘‘(ii) allow any developer or adminis5 trator of a rating system or certification 

6 system to be included in the review;’’; 

7 (C) in subparagraph (E)(v), by striking 

8 ‘‘and’’ after the semicolon at the end; 

9 (D) in subparagraph (F), by striking the 

10 period at the end and inserting a semicolon; 

11 and 

12 (E) by adding at the end the following: 

13 ‘‘(G) a finding that, for all credits address14 ing the sourcing of grown, harvested, or mined 

15 materials, the system rewards the use of prod16 ucts that have obtained certifications of respon17 sible sourcing, such as certifications provided by 

18 the Sustainable Forestry Initiative, the Forest 

19 Stewardship Council, the American Tree Farm 

20 System, or the Programme for the Endorse21 ment of Forest Certification; and 

22 ‘‘(H) a finding that the system incor23 porates life-cycle assessment as a credit path24 way.’’. 


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1 PART 2—ENERGY AND WATER PERFORMANCE 

2 REQUIREMENTS FOR FEDERAL BUILDINGS 

3 SEC. 1411. FEDERAL ENERGY MANAGEMENT PROGRAM. 

4 (a) FINDINGS.—Congress finds the following: 

5 (1) The Federal Government is the largest en6 ergy user in the United States. 

7 (2) Reducing energy and water use in Federal 

8 facilities— 

9 (A) saves taxpayer dollars; 

10 (B) reduces greenhouse gas emissions from 

11 the Federal sector; and 

12 (C) increases employee comfort and pro13 ductivity. 

14 (3) It is important for the Federal Government 

15 to— 

16 (A) develop goals for energy and water use 

17 reduction in Federal facilities; and 

18 (B) to the maximum extent practicable, 

19 take measures that are life cycle cost effective. 

20 (b) SENSE OF CONGRESS.—It is the sense of Con21 gress that Federal agencies should— 

22 (1) for each of fiscal years 2020 through 2030, 

23 reduce average building energy intensity (as meas24 ured in British thermal units per gross square foot) 

25 at facilities of the agency by 2.5 percent each fiscal 

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1 sity of the facilities of the agency in fiscal year 

2 2018; and 

3 (2) for each of fiscal years 2020 through 2030, 

4 improve water use efficiency and management, in5 cluding stormwater management, at facilities of the 

6 agency by reducing agency water consumption inten7 sity— 

8 (A) by reducing the potable water con9 sumption by 54 percent by fiscal year 2030, rel10 ative to the potable water consumption of the 

11 agency in fiscal year 2007, through reductions 

12 of 2 percent each fiscal year (as measured in 

13 gallons per gross square foot); 

14 (B) by reducing the industrial, land15 scaping, and agricultural water consumption of 

16 the agency, as compared to a baseline of that 

17 consumption by the agency in fiscal year 2010, 

18 through reductions of 2 percent each fiscal year 

19 (as measured in gallons); and 

20 (C) by installing appropriate infrastructure 

21 features on federally owned property to improve 

22 stormwater and wastewater management. 

23 (c) ENERGY MANAGEMENT REQUIREMENTS.—Sec24 tion 543 of the National Energy Conservation Policy Act 


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1 (42 U.S.C. 8253) is amended by adding at the end the 

2 following: 

3 ‘‘(h) FEDERAL ENERGY MANAGEMENT PROGRAM.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall carry 

5 out a program, to be known as the ‘Federal Energy 

6 Management Program’ (referred to in this sub7 section as the ‘Program’), to facilitate the implemen8 tation by the Federal Government of cost-effective 

9 energy and water management and energy-related 

10 investment practices— 

11 ‘‘(A) to coordinate and strengthen Federal 

12 energy and water resilience; and 

13 ‘‘(B) to promote environmental steward14 ship. 

15 ‘‘(2) FEDERAL DIRECTOR.—The Secretary shall 

16 appoint an individual to serve as the director of the 

17 Program (referred to in this subsection as the ‘Fed18 eral Director’), which shall be a career position in 

19 the Senior Executive service, to administer the Pro20 gram. 

21 ‘‘(3) PROGRAM ACTIVITIES.— 

22 ‘‘(A) STRATEGIC PLANNING AND TECH23 NICAL ASSISTANCE.—In administering the Pro24 gram, the Federal Director shall— 


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1 ‘‘(i) provide technical assistance and 

2 project implementation support and guid3 ance to agencies to identify, implement, 

4 procure, and track energy and water con5 servation measures required under this Act 

6 and under other provisions of law; 

7 ‘‘(ii) in coordination with the Admin8 istrator of the General Services Adminis9 tration, establish appropriate procedures, 

10 methods, and best practices for use by 

11 agencies to select, monitor, and terminate 

12 contracts entered into pursuant to a utility 

13 incentive program under section 546(c) 

14 with utilities; 

15 ‘‘(iii) carry out the responsibilities of 

16 the Secretary under section 801, as deter17 mined appropriate by the Secretary; 

18 ‘‘(iv) establish and maintain internet19 based information resources and project 

20 tracking systems and tools for energy and 

21 water management; 

22 ‘‘(v) coordinate comprehensive and 

23 strategic approaches to energy and water 

24 resilience planning for agencies; and 


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1 ‘‘(vi) establish a recognition program 

2 for Federal achievement in energy and 

3 water management, energy-related invest4 ment practices, environmental stewardship, 

5 and other relevant areas, through events 

6 such as individual recognition award cere7 monies and public announcements. 

8 ‘‘(B) ENERGY AND WATER MANAGEMENT

9 AND REPORTING.—In administering the Pro10 gram, the Federal Director shall— 

11 ‘‘(i) track and report on the progress 

12 of agencies in meeting the requirements of 

13 the agency under this section; 

14 ‘‘(ii) make publicly available agency 

15 performance data required under— 

16 ‘‘(I) this section and sections 

17 544, 546, 547, and 548; and 

18 ‘‘(II) section 203 of the Energy 

19 Policy Act of 2005 (42 U.S.C. 

20 15852); 

21 ‘‘(iii)(I) collect energy and water use 

22 and consumption data from each agency; 

23 and 

24 ‘‘(II) based on that data, submit to 

25 each agency a report that will facilitate the 


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1 energy and water management, energy-re2 lated investment practices, and environ3 mental stewardship of the agency in sup4 port of Federal goals under this Act and 

5 under other provisions of law; 

6 ‘‘(iv) carry out the responsibilities of 

7 the Secretary under section 305 of the En8 ergy Conservation and Production Act (42 

9 U.S.C. 6834); 

10 ‘‘(v) in consultation with the Adminis11 trator of the General Services Administra12 tion, acting through the head of the Office 

13 of High-Performance Green Buildings, es14 tablish and implement sustainable design 

15 principles for Federal facilities; and 

16 ‘‘(vi) designate products that meet the 

17 highest energy conservation standards for 

18 categories not covered under the Energy 

19 Star program established under section 

20 324A of the Energy Policy and Conserva21 tion Act (42 U.S.C. 6294a). 

22 ‘‘(C) FEDERAL INTERAGENCY COORDINA23 TION.—In administering the Program, the Fed24 eral Director shall— 


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1 ‘‘(i) develop and implement accredited 

2 training consistent with existing Federal 

3 programs and activities— 

4 ‘‘(I) relating to energy and water 

5 use, management, and resilience in 

6 Federal facilities, energy-related in7 vestment practices, and environmental 

8 stewardship; and 

9 ‘‘(II) that includes in-person 

10 training, internet-based programs, 

11 and national in-person training 

12 events; 

13 ‘‘(ii) carry out the functions of the 

14 Secretary with respect to the Interagency 

15 Energy Management Task Force under 

16 section 547; and 

17 ‘‘(iii) report on the implementation of 

18 the priorities of the President, including 

19 Executive orders, relating to energy and 

20 water use in Federal facilities, in coordina21 tion with— 

22 ‘‘(I) the Office of Management 

23 and Budget; 

24 ‘‘(II) the Council on Environ25 mental Quality; and 


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1 ‘‘(III) any other entity, as consid2 ered necessary by the Federal Direc3 tor. 

4 ‘‘(D) FACILITY AND FLEET OPTIMIZA5 TION.—In administering the Program, the Fed6 eral Director shall develop guidance, supply as7 sistance to, and track the progress of agen8 cies— 

9 ‘‘(i) in conducting portfolio-wide facil10 ity energy and water resilience planning 

11 and project integration; 

12 ‘‘(ii) in building new construction and 

13 major renovations to meet the sustainable 

14 design and energy and water performance 

15 standards required under this section; 

16 ‘‘(iii) in developing guidelines for— 

17 ‘‘(I) facility commissioning; and 

18 ‘‘(II) facility operations and 

19 maintenance; and 

20 ‘‘(iv) in coordination with the Admin21 istrator of the General Services Adminis22 tration, in meeting statutory and agency 

23 goals for Federal fleet vehicles. 


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1 ‘‘(4) MANAGEMENT COUNCIL.—The Federal Di2 rector shall establish a management council to ad3 vise the Federal Director that shall— 

4 ‘‘(A) convene not less frequently than once 

5 every quarter; and 

6 ‘‘(B) consist of representatives from— 

7 ‘‘(i) the Council on Environmental 

8 Quality; 

9 ‘‘(ii) the Office of Management and 

10 Budget; and 

11 ‘‘(iii) the Office of Federal High-Per12 formance Green Buildings in the General 

13 Services Administration. 

14 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

15 There is authorized to be appropriated to the Sec16 retary to carry out this subsection $36,000,000 for 

17 each of fiscal years 2021 through 2025.’’. 

18 SEC. 1412. FEDERAL BUILDING ENERGY EFFICIENCY PER19 FORMANCE STANDARDS; CERTIFICATION 

20 SYSTEM AND LEVEL FOR GREEN BUILDINGS. 

21 (a) DEFINITIONS.—Section 303 of the Energy Con22 servation and Production Act (42 U.S.C. 6832) is further 

23 amended by adding at the end the following: 

24 ‘‘(19) MAJOR RENOVATION.—The term ‘major 

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1 tems of a building that is sufficiently extensive to 

2 ensure that the entire building can achieve compli3 ance with applicable energy standards for new build4 ings, as established by the Secretary.’’. 

5 (b) FEDERAL BUILDING EFFICIENCY STANDARDS.— 

6 Section 305 of the Energy Conservation and Production 

7 Act (42 U.S.C. 6834) is amended— 

8 (1) in subsection (a)(3)— 

9 (A) by striking ‘‘(3)(A) Not later than’’ 

10 and all that follows through subparagraph (B) 

11 and inserting the following: 

12 ‘‘(3) REVISED FEDERAL BUILDING ENERGY EF13 FICIENCY PERFORMANCE STANDARDS; CERTIFI14 CATION FOR GREEN BUILDINGS.— 

15 ‘‘(A) REVISED FEDERAL BUILDING EN16 ERGY EFFICIENCY PERFORMANCE STAND17 ARDS.— 

18 ‘‘(i) IN GENERAL.—Not later than 1 

19 year after the date of enactment of the 

20 Clean Economy Jobs and Innovation Act, 

21 the Secretary shall establish, by regulation, 

22 revised Federal building energy efficiency 

23 performance standards that require that— 


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1 ‘‘(I) subject to clause (ii), new 

2 Federal buildings and Federal build3 ings with major renovations— 

4 ‘‘(aa) meet or exceed the 

5 most recently published version 

6 of the International Energy Con7 servation Code (in the case of 

8 residential buildings) or 

9 ASHRAE Standard 90.1 (in the 

10 case of commercial buildings) as 

11 of the date of enactment of the 

12 Clean Economy Jobs and Innova13 tion Act; and 

14 ‘‘(bb) meet or exceed the en15 ergy provisions of the State and 

16 local building codes applicable to 

17 the building if the codes are more 

18 stringent than the most recently 

19 published version of the Inter20 national Energy Conservation 

21 Code or ASHRAE Standard 90.1 

22 as of the date of enactment of 

23 the Clean Economy Jobs and In24 novation Act, as applicable; 


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1 ‘‘(II) unless demonstrated not to 

2 be life cycle cost-effective for new 

3 Federal buildings and Federal build4 ings with major renovations— 

5 ‘‘(aa) the buildings shall be 

6 designed to achieve energy con7 sumption levels that are not less 

8 than 30 percent below the levels 

9 established in the most recently 

10 published version of the Inter11 national Energy Conservation 

12 Code or the ASHRAE Standard, 

13 as of the date of enactment of 

14 the Clean Economy Jobs and In15 novation Act, as appropriate; and 

16 ‘‘(bb) sustainable design 

17 principles are applied to the loca18 tion, siting, design, and construc19 tion of all new Federal buildings 

20 and replacement Federal build21 ings; 

22 ‘‘(III) if water is used to achieve 

23 energy efficiency, water conservation 

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1 tent that the technologies are life2 cycle cost effective; and 

3 ‘‘(IV) if life-cycle cost effective, 

4 as compared to other reasonably avail5 able technologies, not less than 30 

6 percent of the hot water demand for 

7 each new Federal building or Federal 

8 building undergoing a major renova9 tion be met through the installation 

10 and use of solar hot water heaters. 

11 ‘‘(ii) EXCEPTION.—Clause (i)(I) shall 

12 not apply to the unaltered portions of Fed13 eral buildings and systems that have un14 dergone major renovations. 

15 ‘‘(B) UPDATES.—Not later than 1 year 

16 after the date of approval of each subsequent 

17 revision of the ASHRAE Standard or the Inter18 national Energy Conservation Code, as appro19 priate, the Secretary shall determine whether 

20 the revised standards established under sub21 clauses (I) and (II) of subparagraph (A)(i) 

22 should be updated to reflect the revisions, based 

23 on the energy savings and life cycle cost-effec24 tiveness of the revisions.’’; 


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1 (B) in subparagraph (C), by striking ‘‘(C) 

2 In the budget request’’ and inserting the fol3 lowing: 

4 ‘‘(C) BUDGET REQUEST.—In the budget 

5 request’’; and 

6 (C) in subparagraph (D)— 

7 (i) by striking subclause (III) of 

8 clause (i); 

9 (ii) by striking ‘‘(D) Not later than’’ 

10 and inserting the following: 

11 ‘‘(D) STANDARDS; CERTIFICATION FOR

12 GREEN BUILDINGS.— 

13 ‘‘(i) STANDARDS.—Not later than’’; 

14 (iii) by striking ‘‘standards that re15 quire that:’’ and all that follows through 

16 ‘‘For new Federal buildings’’ and inserting 

17 ‘‘standards that require that, for new 

18 buildings’’; and 

19 (iv) by striking clauses (ii) through 

20 (vii) and inserting the following: 

21 ‘‘(ii) SUSTAINABLE DESIGN PRIN22 CIPLES.—Sustainable design principles 

23 shall be applied to the siting, design, and 

24 construction of buildings covered by this 

25 subparagraph. 


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1 ‘‘(iii) SELECTION OF CERTIFICATION

2 SYSTEMS.—The Secretary, after reviewing 

3 the findings of the Federal Director under 

4 section 436(h) of the Energy Independence 

5 and Security Act of 2007 (42 U.S.C. 

6 17092(h)), in consultation with the Admin7 istrator of General Services, and in con8 sultation with the Secretary of Defense re9 lating to those facilities under the custody 

10 and control of the Department of Defense, 

11 shall determine those certification systems 

12 for green commercial and residential build13 ings that the Secretary determines to be 

14 the most likely to encourage a comprehen15 sive and environmentally sound approach 

16 to certification of green buildings. 

17 ‘‘(iv) BASIS FOR SELECTION.—The 

18 determination of the certification systems 

19 under clause (iii) shall be based on ongoing 

20 review of the findings of the Federal Direc21 tor under section 436(h) of the Energy 

22 Independence and Security Act of 2007 

23 (42 U.S.C. 17092(h)) and the criteria de24 scribed in clause (vi). 


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1 ‘‘(v) ADMINISTRATION.—In deter2 mining certification systems under this 

3 subparagraph, the Secretary shall— 

4 ‘‘(I) make a separate determina5 tion for all or part of each system; 

6 and 

7 ‘‘(II) confirm that the criteria 

8 used to support the selection of build9 ing products, materials, brands, and 

10 technologies— 

11 ‘‘(aa) are based on relevant 

12 technical data; 

13 ‘‘(bb) use and reward eval14 uation of health, safety, and envi15 ronmental risks and impacts 

16 across the lifecycle of the build17 ing product, material, brand, or 

18 technology, including methodolo19 gies generally accepted by the ap20 plicable scientific disciplines; 

21 ‘‘(cc) as practicable, give 

22 preference to performance stand23 ards instead of prescriptive meas24 ures; and 


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1 ‘‘(dd) reward continual im2 provements in the lifecycle man3 agement of health, safety, and 

4 environmental risks and impacts. 

5 ‘‘(vi) CONSIDERATIONS.—In deter6 mining the green building certification sys7 tems under this subparagraph, the Sec8 retary shall take into consideration— 

9 ‘‘(I) the ability and availability of 

10 assessors and auditors to independ11 ently verify the criteria and measure12 ment of metrics at the scale necessary 

13 to implement this subparagraph; 

14 ‘‘(II) the ability of the applicable 

15 certification organization to collect 

16 and reflect public comment; 

17 ‘‘(III) the ability of the standard 

18 to be developed and revised through a 

19 consensus-based process; 

20 ‘‘(IV) an evaluation of the 

21 robustness of the criteria for a high22 performance green building, which 

23 shall give credit for promoting— 


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1 ‘‘(aa) efficient and sustain2 able use of water, energy, and 

3 other natural resources; 

4 ‘‘(bb) use of renewable en5 ergy sources; 

6 ‘‘(cc) improved indoor envi7 ronmental quality through en8 hanced indoor air quality, ther9 mal comfort, acoustics, day light10 ing, pollutant source control, and 

11 use of low-emission materials and 

12 building system controls; 

13 ‘‘(dd) the responsible 

14 sourcing of grown, harvested, or 

15 mined materials, including 

16 through certifications of respon17 sible sourcing, such as certifi18 cations provided by the Forest 

19 Stewardship Council, the Sus20 tainable Forestry Initiative, the 

21 American Tree Farm System, or 

22 the Programme for the Endorse23 ment of Forest Certification; and 


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1 ‘‘(ee) such other criteria as 

2 the Secretary determines to be 

3 appropriate; and 

4 ‘‘(V) national recognition within 

5 the building industry. 

6 ‘‘(vii) REVIEW.—The Secretary, in 

7 consultation with the Administrator of 

8 General Services and the Secretary of De9 fense, shall conduct an ongoing review to 

10 evaluate and compare private sector green 

11 building certification systems, taking into 

12 account— 

13 ‘‘(I) the criteria described in 

14 clause (vi); and 

15 ‘‘(II) the identification made by 

16 the Federal Director under section 

17 436(h) of the Energy Independence 

18 and Security Act of 2007 (42 U.S.C. 

19 17092(h)). 

20 ‘‘(viii) EXCLUSIONS.— 

21 ‘‘(I) IN GENERAL.—Subject to 

22 subclause (II), if a certification sys23 tem fails to meet the review require24 ments of clause (vi), the Secretary 

25 shall— 


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1 ‘‘(aa) identify the portions 

2 of the system, whether pre3 requisites, credits, points, or oth4 erwise, that meet the review cri5 teria of clause (vi); 

6 ‘‘(bb) determine the portions 

7 of the system that are suitable 

8 for use; and 

9 ‘‘(cc) exclude all other por10 tions of the system from identi11 fication and use. 

12 ‘‘(II) ENTIRE SYSTEMS.—The 

13 Secretary shall exclude an entire sys14 tem from use if an exclusion under 

15 subclause (I)— 

16 ‘‘(aa) impedes the integrated 

17 use of the system; 

18 ‘‘(bb) creates disparate re19 view criteria or unequal point ac20 cess for competing materials; or 

21 ‘‘(cc) increases agency costs 

22 of the use. 

23 ‘‘(ix) INTERNAL CERTIFICATION PROC24 ESSES.—The Secretary may by rule allow 

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1 cation processes, using certified profes2 sionals, in lieu of certification by certifi3 cation entities identified under clause (iii). 

4 ‘‘(x) PRIVATIZED MILITARY HOUS5 ING.—With respect to privatized military 

6 housing, the Secretary of Defense, after 

7 consultation with the Secretary may, 

8 through rulemaking, develop alternative 

9 certification systems and levels than the 

10 systems and levels identified under clause 

11 (iii) that achieve an equivalent result in 

12 terms of energy savings, sustainable de13 sign, and green building performance. 

14 ‘‘(xi) WATER CONSERVATION TECH15 NOLOGIES.—In addition to any use of 

16 water conservation technologies otherwise 

17 required by this section, water conservation 

18 technologies shall be applied to the extent 

19 that the technologies are life-cycle cost-ef20 fective. 

21 ‘‘(xii) EFFECTIVE DATE.— 

22 ‘‘(I) DETERMINATIONS MADE

23 AFTER DECEMBER 31, 2020.—The 

24 amendments made by section 

25 1422(b)(1)(C) of the Clean Economy 


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1 Jobs and Innovation Act shall apply 

2 to any determination made by a Fed3 eral agency after December 31, 2020. 

4 ‘‘(II) DETERMINATIONS MADE ON

5 OR BEFORE DECEMBER 31, 2020.— 

6 This subparagraph (as in effect on the 

7 day before the date of enactment of 

8 the Clean Economy Jobs and Innova9 tion Act) shall apply to any use of a 

10 certification system for green commer11 cial and residential buildings by a 

12 Federal agency on or before December 

13 31, 2020.’’; and 

14 (2) by striking subsections (c) and (d) and in15 serting the following: 

16 ‘‘(c) PERIODIC REVIEW.—The Secretary shall— 

17 ‘‘(1) once every 5 years, review the Federal 

18 building energy standards established under this sec19 tion; and 

20 ‘‘(2) on completion of a review under paragraph 

21 (1), if the Secretary determines that significant en22 ergy savings would result, upgrade the standards to 

23 include all new energy efficiency and renewable en24 ergy measures that are technologically feasible and 

25 economically justified.’’. 


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1 (c) FEDERAL COMPLIANCE.—Section 306 of the En2 ergy Conservation and Production Act (42 U.S.C. 6835) 

3 is amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (1)— 

6 (i) by striking ‘‘(1) The head’’ and in7 serting the following: 

8 ‘‘(1) IN GENERAL.—The head’’; and 

9 (ii) by striking ‘‘assure that new Fed10 eral buildings’’ and inserting ‘‘ensure that 

11 new Federal buildings and Federal build12 ings with major renovations’’; and 

13 (B) in paragraph (2)— 

14 (i) by striking the second sentence 

15 and inserting the following: 

16 ‘‘(B) PROCEDURES.—The Architect of the 

17 Capitol shall adopt procedures necessary to en18 sure that the buildings referred to in subpara19 graph (A) meet or exceed the standards de20 scribed in that subparagraph.’’; and 

21 (ii) in the first sentence— 

22 (I) by inserting ‘‘and Federal 

23 buildings with major renovations’’ 

24 after ‘‘new buildings’’; and 


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1 (II) by striking ‘‘(2) The Fed2 eral’’ and inserting the following: 

3 ‘‘(2) APPLICABILITY.— 

4 ‘‘(A) IN GENERAL.—The Federal’’; and 

5 (2) in subsection (b)— 

6 (A) by striking the subsection heading and 

7 inserting ‘‘EXPENDITURES’’; and 

8 (B) by inserting ‘‘or a Federal building 

9 with major renovations’’ after ‘‘new Federal 

10 building’’. 

11 SEC. 1413. USE OF ENERGY AND WATER EFFICIENCY MEAS12 URES IN FEDERAL BUILDINGS. 

13 (a) FINDINGS.—Congress finds the following: 

14 (1) Performance contracting is a private financ15 ing tool with guaranteed energy savings and has 

16 been used by the Federal Government for nearly 30 

17 years. 

18 (2) Energy savings performance contracts and 

19 utility energy service contacts allow the Government 

20 to invest in infrastructure using private sector fi21 nancing and expertise, with a guarantee of results. 

22 (3) Use of performance contracting has saved 

23 the Government and taxpayers more than 

24 $18,000,000,000. 


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1 (4) By law, performance contracts are guaran2 teed to provide savings to Federal agencies. 

3 (5) On average, performance contracts achieve 

4 savings in excess of the contractual and statutory 

5 guarantee. 

6 (6) In a fiscally constrained environment, per7 formance contracting helps to address the Federal 

8 Government’s backlog of maintenance and supple9 ment scarce operations and maintenance dollars. 

10 (7) The House of Representatives, the Senate, 

11 and the Office of Management and Budget have all 

12 acted to recognize the value of performance con13 tracts by providing distinct budgetary consideration 

14 of them; in the 115th Congress, the House of Rep15 resentatives included section 5109 in H. Con. Res. 

16 71 to enable the greater use of performance con17 tracting and to recognize their full cost savings ben18 efits. 

19 (8) Federal agencies are not taking full advan20 tage of the cost-effective energy efficiency measures 

21 that are available and documented. 

22 (9) Using performance contracts to carry out 

23 such energy efficiency measures would benefit tax24 payers, the economy, and the environment. 


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1 (b) REPORTS.—Section 548(b) of the National En2 ergy Conservation Policy Act (42 U.S.C. 8258(b)) is 

3 amended— 

4 (1) in paragraph (3), by striking ‘‘and’’ at the 

5 end; 

6 (2) in paragraph (4), by striking the period at 

7 the end and inserting ‘‘; and’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(5)(A) the status of the energy savings per10 formance contracts and utility energy service con11 tracts of each agency, to the extent that the infor12 mation is not duplicative of information provided to 

13 the Secretary under a separate authority; 

14 ‘‘(B) the quantity and investment value of the 

15 contracts for the previous year; 

16 ‘‘(C) the guaranteed energy savings, or for con17 tracts without a guarantee, the estimated energy 

18 savings, for the previous year, as compared to the 

19 measured energy savings for the previous year; 

20 ‘‘(D) a forecast of the estimated quantity and 

21 investment value of contracts anticipated in the fol22 lowing year for each agency; and 

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1 scribed in subparagraph (D) in the report of the 

2 previous year; and 

3 ‘‘(ii) if applicable, the reasons for any dif4 ferences in the data compared under clause (i).’’. 

5 Subtitle E—HOPE for HOMES 

6 SEC. 1501. DEFINITIONS. 

7 In this subtitle: 

8 (1) CONTRACTOR CERTIFICATION.—The term 

9 ‘‘contractor certification’’ means an industry recog10 nized certification that may be obtained by a resi11 dential contractor to advance the expertise and edu12 cation of the contractor in energy efficiency retrofits 

13 of residential buildings, including— 

14 (A) a certification provided by— 

15 (i) the Building Performance Insti16 tute; 

17 (ii) the Air Conditioning Contractors 

18 of America; 

19 (iii) the National Comfort Institute; 

20 (iv) the North American Technician 

21 Excellence; 

22 (v) RESNET; 

23 (vi) the United States Green Building 

24 Council; or 


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1 (vii) Home Innovation Research Labs; 

2 and 

3 (B) any other certification the Secretary 

4 determines appropriate for purposes of the 

5 Home Energy Savings Retrofit Rebate Pro6 gram. 

7 (2) CONTRACTOR COMPANY.—The term ‘‘con8 tractor company’’ means a company— 

9 (A) the business of which is to provide 

10 services to residential building owners with re11 spect to HVAC systems, insulation, air sealing, 

12 or other services that are approved by the Sec13 retary; 

14 (B) that holds the licenses and insurance 

15 required by the State in which the company 

16 provides services; and 

17 (C) that provides services for which a par18 tial system rebate, measured performance re19 bate, or modeled performance rebate may be 

20 provided pursuant to the Home Energy Savings 

21 Retrofit Rebate Program. 

22 (3) ENERGY AUDIT.—The term ‘‘energy audit’’ 

23 means an inspection, survey, and analysis of the en24 ergy use of a building, including the building enve25 lope and HVAC system. 


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1 (4) HOME.—The term ‘‘home’’ means a manu2 factured home (as such term is defined in section 

3 603 of the National Manufactured Housing Con4 struction and Safety Standards Act of 1974 (42 

5 U.S.C. 5402)), or a residential dwelling unit in a 

6 building with no more than 4 dwelling units that— 

7 (A) is located in the United States; 

8 (B) was constructed before the date of en9 actment of this Act; and 

10 (C) is occupied at least 6 months out of 

11 the year. 

12 (5) HOME ENERGY SAVINGS RETROFIT REBATE

13 PROGRAM.—The term ‘‘Home Energy Savings Ret14 rofit Rebate Program’’ means the Home Energy 

15 Savings Retrofit Rebate Program established under 

16 section 1521. 

17 (6) HOMEOWNER.—The term ‘‘homeowner’’ 

18 means the owner of an owner-occupied home or a 

19 tenant-occupied home. 

20 (7) HOME VALUATION CERTIFICATION.—The 

21 term ‘‘home valuation certification’’ means the fol22 lowing home assessments: 

23 (A) Home Energy Score. 

24 (B) PEARL Certification. 

25 (C) National Green Building Standard. 


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1 (D) LEED. 

2 (E) Any other assessment the Secretary 

3 determines to be appropriate. 

4 (8) HOPE QUALIFICATION.—The term ‘‘HOPE 

5 Qualification’’ means the qualification described in 

6 section 1513. 

7 (9) HOPE TRAINING CREDIT.—The term 

8 ‘‘HOPE training credit’’ means a HOPE training 

9 task credit or a HOPE training supplemental credit. 

10 (10) HOPE TRAINING TASK CREDIT.—The 

11 term ‘‘HOPE training task credit’’ means a credit 

12 described in section 1512(a). 

13 (11) HOPE TRAINING SUPPLEMENTAL CRED14 IT.—The term ‘‘HOPE training supplemental cred15 it’’ means a credit described in section 1512(b). 

16 (12) HVAC SYSTEM.—The term ‘‘HVAC sys17 tem’’ means a system— 

18 (A) consisting of a heating component, a 

19 ventilation component, and an air-conditioning 

20 component; and 

21 (B) which components may include central 

22 air conditioning, a heat pump, a furnace, a boil23 er, a rooftop unit, and a window unit. 

24 (13) MEASURED PERFORMANCE REBATE.—The 

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1 bate provided in accordance with section 1523 and 

2 described in subsection (e) of that section. 

3 (14) MODELED PERFORMANCE REBATE.—The 

4 term ‘‘modeled performance rebate’’ means a rebate 

5 provided in accordance with section 1523 and de6 scribed in subsection (d) of that section. 

7 (15) MODERATE INCOME.—The term ‘‘mod8 erate income’’ means, with respect to a household, a 

9 household with an annual income that is less than 

10 80 percent of the area median income, as deter11 mined annually by the Department of Housing and 

12 Urban Development. 

13 (16) MULTIFAMILY BUILDING.—The term 

14 ‘‘multifamily building’’ means a structure with 5 or 

15 more tenant-occupied residential dwelling units 

16 that— 

17 (A) is located in the United States; 

18 (B) was constructed before the date of en19 actment of this Act; and 

20 (C) is occupied at least 6 months out of 

21 the year. 

22 (17) MULTIFAMILY BUILDING OWNER.—The 

23 term ‘‘multifamily building owner’’ means the owner 

24 of a tenant-occupied multifamily building. 


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1 (18) PARTIAL SYSTEM REBATE.—The term 

2 ‘‘partial system rebate’’ means a rebate provided in 

3 accordance with section 1522. 

4 (19) SECRETARY.—The term ‘‘Secretary’’ 

5 means the Secretary of Energy. 

6 (20) STATE.—The term ‘‘State’’ includes— 

7 (A) a State; 

8 (B) the District of Columbia; 

9 (C) the Commonwealth of Puerto Rico; 

10 (D) Guam; 

11 (E) American Samoa; 

12 (F) the Commonwealth of the Northern 

13 Mariana Islands; 

14 (G) the United States Virgin Islands; and 

15 (H) any other territory or possession of the 

16 United States. 

17 (21) STATE ENERGY OFFICE.—The term ‘‘State 

18 energy office’’ means the office or agency of a State 

19 responsible for developing the State energy conserva20 tion plan for the State under section 362 of the En21 ergy Policy and Conservation Act (42 U.S.C. 6322). 


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1 PART 1—HOPE TRAINING 

2 SEC. 1511. NOTICE FOR HOPE QUALIFICATION TRAINING 

3 AND GRANTS. 

4 Not later than 30 days after the date of enactment 

5 of this Act, the Secretary, acting through the Director of 

6 the Building Technologies Office of the Department of 

7 Energy, shall issue a notice that includes— 

8 (1) criteria established under section 1512 for 

9 approval by the Secretary of courses for which cred10 its may be issued for purposes of a HOPE Qualifica11 tion; 

12 (2) a list of courses that meet such criteria and 

13 are so approved; and 

14 (3) information on how individuals and entities 

15 may apply for grants under this part. 

16 SEC. 1512. COURSE CRITERIA. 

17 (a) HOPE TRAINING TASK CREDIT.— 

18 (1) CRITERIA.—The Secretary shall establish 

19 criteria for approval of a course for which a credit, 

20 to be known as a HOPE training task credit, may 

21 be issued, including that such course— 

22 (A) is equivalent to at least 30 hours in 

23 total course time; 

24 (B) is accredited by the Interstate Renew25 able Energy Council or is determined to be 

26 equivalent by the Secretary; 


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1 (C) is, with respect to a particular job, 

2 aligned with the relevant National Renewable 

3 Energy Laboratory Job Task Analysis, or other 

4 credentialing program foundation that helps 

5 identify the necessary core knowledge areas, 

6 critical work functions, or skills, as approved by 

7 the Secretary; 

8 (D) has established learning objectives; 

9 and 

10 (E) includes, as the Secretary determines 

11 appropriate, an appropriate assessment of such 

12 learning objectives that may include a final 

13 exam, to be proctored on-site or through remote 

14 proctoring, or an in-person field exam. 

15 (2) INCLUDED COURSES.—The Secretary shall 

16 approve one or more courses that meet the criteria 

17 described in paragraph (1) for training related to— 

18 (A) contractor certification; 

19 (B) energy auditing or assessment, includ20 ing energy audits and assessments relevant to 

21 multifamily buildings; 

22 (C) home and multifamily building energy 

23 systems (including HVAC systems); 

24 (D) insulation installation and air leakage 

25 control; 


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1 (E) health and safety regarding the instal2 lation of energy efficiency measures or health 

3 and safety impacts associated with energy effi4 ciency retrofits; and 

5 (F) indoor air quality. 

6 (b) HOPE TRAINING SUPPLEMENTAL CREDIT CRI7 TERIA.—The Secretary shall establish criteria for approval 

8 of a course for which a credit, to be known as a HOPE 

9 training supplemental credit, may be issued, including 

10 that such course provides— 

11 (1) training related to— 

12 (A) small business success, including man13 agement, home energy efficiency software, or 

14 general accounting principles; 

15 (B) the issuance of a home valuation cer16 tification; 

17 (C) the use of wifi-enabled technology in 

18 an energy efficiency upgrade; or 

19 (D) understanding and being able to par20 ticipate in the Home Energy Savings Retrofit 

21 Rebate Program; and 

22 (2) as the Secretary determines appropriate, an 

23 appropriate assessment of such training that may in24 clude a final exam, to be proctored on-site or 


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1 through remote proctoring, or an in-person field 

2 exam. 

3 (c) EXISTING APPROVED COURSES.—The Secretary 

4 may approve a course that meets the applicable criteria 

5 established under this section that is approved by the ap6 plicable State energy office or relevant State agency with 

7 oversight authority for residential energy efficiency pro8 grams. 

9 (d) IN-PERSON AND ONLINE TRAINING.—An online 

10 course approved pursuant to this section may be con11 ducted in-person, but may not be offered exclusively in12 person. 

13 SEC. 1513. HOPE QUALIFICATION. 

14 (a) ISSUANCE OF CREDITS.— 

15 (1) IN GENERAL.—The Secretary, or an entity 

16 authorized by the Secretary pursuant to paragraph 

17 (2), may issue— 

18 (A) a HOPE training task credit to any 

19 individual that completes a course that meets 

20 applicable criteria under section 1512; and 

21 (B) a HOPE training supplemental credit 

22 to any individual that completes a course that 

23 meets the applicable criteria under section 

24 1512. 


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1 (2) OTHER ENTITIES.—The Secretary may au2 thorize a State energy office implementing an au3 thorized program under subsection (b)(2), an organi4 zation described in section 1514(b), and any other 

5 entity the Secretary determines appropriate, to issue 

6 HOPE training credits in accordance with para7 graph (1). 

8 (b) HOPE QUALIFICATION.— 

9 (1) IN GENERAL.—The Secretary may certify 

10 that an individual has achieved a qualification, to be 

11 known as a HOPE Qualification, that indicates that 

12 the individual has received at least 3 HOPE training 

13 credits, of which at least 2 shall be HOPE training 

14 task credits. 

15 (2) STATE PROGRAMS.—The Secretary may au16 thorize a State energy office to implement a pro17 gram to provide HOPE Qualifications in accordance 

18 with this part. 

19 SEC. 1514. GRANTS. 

20 (a) IN GENERAL.—The Secretary shall, to the extent 

21 amounts are made available in appropriations Acts for 

22 such purposes, provide grants to support the training of 

23 individuals toward the completion of a HOPE Qualifica24 tion. 

25 (b) PROVIDER ORGANIZATIONS.— 


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1 (1) IN GENERAL.—The Secretary may provide a 

2 grant of up to $20,000 under this section to an or3 ganization to provide training online, including es4 tablishing, modifying, or maintaining the online sys5 tems, staff time, and software and online program 

6 management, through a course that meets the appli7 cable criteria established under section 1512. 

8 (2) CRITERIA.—In order to receive a grant 

9 under this subsection, an organization shall be— 

10 (A) a nonprofit organization; 

11 (B) an educational institution; or 

12 (C) an organization that has experience 

13 providing training to contractors that work with 

14 the weatherization assistance program imple15 mented under part A of title IV of the Energy 

16 Conservation and Production Act (42 U.S.C. 

17 6861 et seq.) or equivalent experience, as deter18 mined by the Secretary. 

19 (3) ADDITIONAL CERTIFICATIONS.—In addition 

20 to any grant provided under paragraph (1), the Sec21 retary may provide an organization up to $5,000 for 

22 each additional course for which a HOPE training 

23 credit may be issued that is offered by the organiza24 tion. 


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1 (c) CONTRACTOR COMPANY.—The Secretary may 

2 provide a grant under this section of $1,000 per employee 

3 to a contractor company, up to a maximum of $10,000, 

4 to reimburse the contractor company for training costs for 

5 employees, and any home technology support needed for 

6 an employee to receive training pursuant to this section. 

7 Grant funds provided under this subsection may be used 

8 to support wages of employees during training. 

9 (d) TRAINEES.—The Secretary may provide a grant 

10 of up to $1,000 under this section to an individual who 

11 receives a HOPE Qualification. 

12 (e) STATE ENERGY OFFICE.—The Secretary may 

13 provide a grant under this section to a State energy office 

14 of up to $25,000 to implement an authorized program 

15 under section 1513(b). 

16 SEC. 1515. AUTHORIZATION OF APPROPRIATIONS. 

17 There is authorized to be appropriated to carry out 

18 this part $500,000,000 for the period of fiscal years 2021 

19 through 2025, to remain available until expended. 


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1 PART 2—HOME ENERGY SAVINGS RETROFIT 

2 REBATE PROGRAM 

3 SEC. 1521. ESTABLISHMENT OF HOME ENERGY SAVINGS 

4 RETROFIT REBATE PROGRAM. 

5 The Secretary shall establish a program, to be known 

6 as the Home Energy Savings Retrofit Rebate Program, 

7 to— 

8 (1) provide rebates in accordance with section 

9 1522; and 

10 (2) provide grants to States to carry out pro11 grams to provide rebates in accordance with section 

12 1523. 

13 SEC. 1522. PARTIAL SYSTEM REBATES. 

14 (a) AMOUNT OF REBATE.—In carrying out the Home 

15 Energy Savings Retrofit Rebate Program, and subject to 

16 the availability of appropriations for such purpose, the 

17 Secretary shall provide a homeowner or multifamily build18 ing owner a rebate, to be known as a partial system re19 bate, of, except as provided in section 1524, up to— 

20 (1) $800 for the purchase and installation of 

21 insulation and air sealing within a home of the 

22 homeowner or the household living in a multifamily 

23 building; and 

24 (2) $1,500 for the purchase and installation of 

25 insulation and air sealing within a home of the 

26 homeowner or the household living in a multifamily 


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1 building and replacement of an HVAC system, the 

2 heating component of an HVAC system, or the cool3 ing component of an HVAC system, of such home. 

4 (b) SPECIFICATIONS.— 

5 (1) COST.—The amount of a partial system re6 bate provided under this section shall, except as pro7 vided in section 1524, not exceed 30 percent of cost 

8 of the purchase and installation of insulation and air 

9 sealing under subsection (a)(1), or the purchase and 

10 installation of insulation and air sealing and replace11 ment of an HVAC system, the heating component of 

12 an HVAC system, or the cooling component of an 

13 HVAC system, under subsection (a)(2). Labor may 

14 be included in such cost but may not exceed— 

15 (A) in the case of a rebate under sub16 section (a)(1), 50 percent of such cost; and 

17 (B) in the case of a rebate under sub18 section (a)(2), 25 percent of such cost. 

19 (2) REPLACEMENT OF AN HVAC SYSTEM, THE

20 HEATING COMPONENT OF AN HVAC SYSTEM, OR THE

21 COOLING COMPONENT OF AN HVAC SYSTEM.—In 

22 order to qualify for a partial system rebate described 

23 in subsection (a)(2)— 

24 (A) any HVAC system, heating component 

25 of an HVAC system, or cooling component of 


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1 an HVAC system installed shall be Energy Star 

2 Most Efficient certified; 

3 (B) installation of such an HVAC system, 

4 the heating component of an HVAC system, or 

5 the cooling component of an HVAC system, 

6 shall be completed in accordance with standards 

7 specified by the Secretary that are at least as 

8 stringent as the applicable guidelines of the Air 

9 Conditioning Contractors of America that are in 

10 effect on the date of enactment of this Act; 

11 (C) if ducts are present, replacement of an 

12 HVAC system, the heating component of an 

13 HVAC system, or the cooling component of an 

14 HVAC system shall include duct sealing; and 

15 (D) the installation of insulation and air 

16 sealing shall occur within 6 months of the re17 placement of the HVAC system, the heating 

18 component of an HVAC system, or the cooling 

19 component of an HVAC system. 

20 (c) ADDITIONAL INCENTIVES FOR CONTRACTORS.— 

21 In carrying out the Home Energy Savings Retrofit Rebate 

22 Program, the Secretary may provide a $250 payment to 

23 a contractor per home of a homeowner or household living 

24 in a multifamily building for which— 


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1 (1) a partial system rebate is provided under 

2 this section for the installation of insulation and air 

3 sealing, or installation of insulation and air sealing 

4 and replacement of an HVAC system, the heating 

5 component of an HVAC system, or the cooling com6 ponent of an HVAC system, by the contractor; 

7 (2) the applicable homeowner has signed and 

8 submitted to the Secretary a release form made 

9 available pursuant to section 1526(b) authorizing 

10 the contractor access to information in the utility 

11 bills of the homeowner or the applicable multifamily 

12 building owner has signed and submitted an agree13 ment with the contractor to provide whole-building 

14 aggregate information about the building’s energy 

15 use; and 

16 (3) the contractor inputs, into the Department 

17 of Energy’s Building Performance Database— 

18 (A) the energy usage for the home of a 

19 homeowner or for the household living in a mul20 tifamily building for the 12 months preceding, 

21 and the 24 months following, the installation of 

22 insulation and air sealing or installation of in23 sulation and air sealing and replacement of an 

24 HVAC system, the heating component of an 


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1 HVAC system, or the cooling component of an 

2 HVAC system; 

3 (B) a description of such installation or in4 stallation and replacement; and 

5 (C) the total cost to the homeowner or 

6 multifamily building owner for such installation 

7 or installation and replacement. 

8 (d) PROCESS.— 

9 (1) FORMS; REBATE PROCESSING SYSTEM.— 

10 Not later than 90 days after the date of enactment 

11 of this Act, the Secretary, in consultation with the 

12 Secretary of the Treasury, shall— 

13 (A) develop and make available rebate 

14 forms required to receive a partial system re15 bate under this section; 

16 (B) establish a Federal rebate processing 

17 system which shall serve as a database and in18 formation technology system that will allow 

19 homeowners and multifamily building owners to 

20 submit required rebate forms; and 

21 (C) establish a website that provides infor22 mation on partial system rebates provided 

23 under this section, including how to determine 

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1 bate under this section and how to receive such 

2 a rebate. 

3 (2) SUBMISSION OF FORMS.—In order to re4 ceive a partial system rebate under this section, a 

5 homeowner or multifamily building owner shall sub6 mit the required rebate forms, and any other infor7 mation the Secretary determines appropriate, to the 

8 Federal rebate processing system established pursu9 ant to paragraph (1). 

10 (e) FUNDING.— 

11 (1) LIMITATION.—For each fiscal year, the Sec12 retary may not use more than 50 percent of the 

13 amounts made available to carry out this part to 

14 carry out this section. 

15 (2) ALLOCATION.—The Secretary shall allocate 

16 amounts made available to carry out this section for 

17 partial system rebates among the States using the 

18 same formula as is used to allocate funds for States 

19 under part D of title III of the Energy Policy and 

20 Conservation Act (42 U.S.C. 6321 et seq.). 

21 SEC. 1523. STATE ADMINISTERED REBATES. 

22 (a) FUNDING.—In carrying out the Home Energy 

23 Savings Retrofit Rebate Program, and subject to the 

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1 retary shall provide grants to States to carry out programs 

2 to provide rebates in accordance with this section. 

3 (b) STATE PARTICIPATION.— 

4 (1) PLAN.—In order to receive a grant under 

5 this section a State shall submit to the Secretary an 

6 application that includes a plan to implement a 

7 State program that meets the minimum criteria 

8 under subsection (c). 

9 (2) APPROVAL.—Not later than 60 days after 

10 receipt of a completed application for a grant under 

11 this section, the Secretary shall either approve the 

12 application or provide to the applicant an expla13 nation for denying the application. 

14 (c) MINIMUM CRITERIA FOR STATE PROGRAMS.— 

15 Not later than 6 months after the date of enactment of 

16 this Act, the Secretary shall establish and publish min17 imum criteria for a State program to meet to qualify for 

18 funding under this section, including— 

19 (1) that the State program be carried out by 

20 the applicable State energy office or its designee; 

21 (2) that a rebate be provided under a State pro22 gram only for a home energy efficiency retrofit 

23 that— 

24 (A) is completed by a contractor who 

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1 tification requirements set forth by the Sec2 retary; 

3 (B) includes installation of one or more 

4 home energy efficiency retrofit measures for a 

5 home that together are modeled to achieve, or 

6 are shown to achieve, a reduction in home en7 ergy use of 20 percent or more from the base8 line energy use of the home; 

9 (C) does not include installation of any 

10 measure that the Secretary determines does not 

11 improve the thermal energy performance of the 

12 home, such as a pool pump, pool heater, spa, or 

13 EV charger; and 

14 (D) includes, after installation of the appli15 cable home energy efficiency retrofit measures, 

16 a test-out procedure conducted in accordance 

17 with guidelines issued by the Secretary of such 

18 measures to ensure— 

19 (i) the safe operation of all systems 

20 post retrofit; and 

21 (ii) that all improvements are included 

22 in, and have been installed according to— 

23 (I) manufacturers installation 

24 specifications; and 


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1 (II) all applicable State and local 

2 codes or equivalent standards ap3 proved by the Secretary; 

4 (3) that the State program utilize— 

5 (A) for purposes of modeled performance 

6 rebates, modeling software approved by the Sec7 retary for determining and documenting the 

8 baseline energy use of a home and the reduc9 tions in home energy use resulting from the im10 plementation of a home energy efficiency ret11 rofit; and 

12 (B) for purposes of measured performance 

13 rebates, methods and procedures approved by 

14 the Secretary for determining and documenting 

15 the baseline energy use of a home and the re16 ductions in home energy use resulting from the 

17 implementation of a home energy efficiency ret18 rofit, including methods and procedures for use 

19 of advanced metering infrastructure, weather20 normalized data, and open source standards, to 

21 measure such baseline energy use and such re22 ductions in home energy use; 

23 (4) that the State program include implementa24 tion of a quality assurance program— 


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1 (A) to ensure that home energy efficiency 

2 retrofits are achieving the stated level of energy 

3 savings, that efficiency measures were installed 

4 correctly, and that work is performed in accord5 ance with procedures developed by the Sec6 retary, including through quality-control inspec7 tions for a portion of home energy efficiency 

8 retrofits completed by each applicable con9 tractor; and 

10 (B) under which a quality-control inspec11 tion of a home energy efficiency retrofit is per12 formed by a quality assurance provider who— 

13 (i) is independent of the contractor 

14 for such retrofit; and 

15 (ii) will confirm that such contractor 

16 is a contractor who meets minimum train17 ing requirements and certification require18 ments set forth by the Secretary; 

19 (5) that the State program include require20 ments for a homeowner, contractor, or rebate 

21 aggregator to claim a rebate, including that the 

22 homeowner, contractor, or rebate aggregator submit 

23 any applicable forms approved by the Secretary to 

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1 vided by the applicable contractor certifying pro2 jected or measured reduction of home energy use; 

3 (6) that the State program may include require4 ments for an entity to be eligible to serve as a rebate 

5 aggregator to facilitate the delivery of rebates to 

6 homeowners or contractors; 

7 (7) that the State program include procedures 

8 for a homeowner to transfer the right to claim a re9 bate to the contractor performing the applicable 

10 home energy efficiency retrofit or to a rebate 

11 aggregator that works with the contractor; and 

12 (8) that the State program provide that a 

13 homeowner, contractor, or rebate aggregator may 

14 claim more than one rebate under the State pro15 gram, and may claim a rebate under the State pro16 gram after receiving a partial system rebate under 

17 section 1522, provided that no 2 rebates may be 

18 provided with respect to a home using the same 

19 baseline energy use of such home. 

20 (d) MODELED PERFORMANCE REBATES.— 

21 (1) IN GENERAL.—In carrying out a State pro22 gram under this section, a State may provide a 

23 homeowner, contractor, or rebate aggregator a re24 bate, to be known as a modeled performance rebate, 

25 for an energy audit of a home and a home energy 


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1 efficiency retrofit that is projected, using modeling 

2 software approved by the Secretary, to reduce home 

3 energy use by at least 20 percent. 

4 (2) AMOUNT.— 

5 (A) IN GENERAL.—Except as provided in 

6 section 1524, and subject to subparagraph (B), 

7 the amount of a modeled performance rebate 

8 provided under a State program shall be equal 

9 to 50 percent of the cost of the applicable en10 ergy audit of a home and home energy effi11 ciency retrofit, including the cost of diagnostic 

12 procedures, labor, reporting, and modeling. 

13 (B) LIMITATION.—Except as provided in 

14 section 1524, with respect to an energy audit 

15 and home energy efficiency retrofit that is pro16 jected to reduce home energy use by— 

17 (i) at least 20 percent, but less than 

18 40 percent, the maximum amount of a 

19 modeled performance rebate shall be 

20 $2,000; and 

21 (ii) at least 40 percent, the maximum 

22 amount of a modeled performance rebate 

23 shall be $4,000. 

24 (e) MEASURED PERFORMANCE REBATES.— 


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1 (1) IN GENERAL.—In carrying out a State pro2 gram under this section, a State may provide a 

3 homeowner, contractor, or rebate aggregator a re4 bate, to be known as a measured performance re5 bate, for a home energy efficiency retrofit that re6 duces home energy use by at least 20 percent as 

7 measured using methods and procedures approved 

8 by the Secretary. 

9 (2) AMOUNT.— 

10 (A) IN GENERAL.—Except as provided in 

11 section 1524, and subject to subparagraph (B), 

12 the amount of a measured performance rebate 

13 provided under a State program shall be equal 

14 to 50 percent of the cost, including the cost of 

15 diagnostic procedures, labor, reporting, and en16 ergy measurement, of the applicable home en17 ergy efficiency retrofit. 

18 (B) LIMITATION.—Except as provided in 

19 section 1524, with respect to a home energy ef20 ficiency retrofit that is measured as reducing 

21 home energy use by— 

22 (i) at least 20 percent, but less than 

23 40 percent, the maximum amount of a 

24 measured performance rebate shall be 

25 $2,000; and 


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1 (ii) at least 40 percent, the maximum 

2 amount of a measured performance rebate 

3 shall be $4,000. 

4 (f) COORDINATION OF REBATE AND EXISTING

5 STATE-SPONSORED OR UTILITY-SPONSORED PRO6 GRAMS.—A State that receives a grant under this section 

7 is encouraged to work with State agencies, energy utilities, 

8 nonprofits, and other entities— 

9 (1) to assist in marketing the availability of the 

10 rebates under the applicable State program; 

11 (2) to coordinate with utility or State managed 

12 financing programs; 

13 (3) to assist in implementation of the applicable 

14 State program, including installation of home energy 

15 efficiency retrofits; and 

16 (4) to coordinate with existing quality assur17 ance programs. 

18 (g) ADMINISTRATION AND OVERSIGHT.— 

19 (1) REVIEW OF APPROVED MODELING SOFT20 WARE.—The Secretary shall, on an annual basis, list 

21 and review all modeling software approved for use in 

22 determining and documenting the reductions in 

23 home energy use for purposes of modeled perform24 ance rebates under subsection (d). In approving such 

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1 sure that modeling software approved for a year will 

2 result in modeling of energy efficiency gains for any 

3 type of home energy efficiency retrofit that is at 

4 least as substantial as the modeling of energy effi5 ciency gains for such type of home energy efficiency 

6 retrofit using the modeling software approved for 

7 the previous year. 

8 (2) OVERSIGHT.—If the Secretary determines 

9 that a State is not implementing a State program 

10 that was approved pursuant to subsection (b) and 

11 that meets the minimum criteria under subsection 

12 (c), the Secretary may, after providing the State a 

13 period of at least 90 days to meet such criteria, 

14 withhold grant funds under this section from the 

15 State. 

16 SEC. 1524. SPECIAL PROVISIONS FOR MODERATE INCOME 

17 HOUSEHOLDS. 

18 (a) CERTIFICATIONS.—The Secretary shall establish 

19 procedures for certifying that the household of a home20 owner or that, in the case of a multifamily building, the 

21 majority of households in the building is moderate income 

22 for purposes of this section. 

23 (b) PERCENTAGES.—Subject to subsection (c), for 

24 households that are certified pursuant to the procedures 

25 established under subsection (a) as moderate income the— 


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1 (1) amount of a partial system rebate under 

2 section 1522 shall not exceed 60 percent of the ap3 plicable purchase and installation costs described in 

4 section 1522(b)(1); and 

5 (2) amount of— 

6 (A) a modeled performance rebate under 

7 section 1523 provided shall be equal to 80 per8 cent of the applicable costs described in section 

9 1523(d)(2)(A); and 

10 (B) a measured performance rebate under 

11 section 1523 provided shall be equal to 80 per12 cent of the applicable costs described in section 

13 1523(e)(2)(A). 

14 (c) MAXIMUM AMOUNTS.—For households that are 

15 certified pursuant to the procedures established under 

16 subsection (a) as moderate income the maximum 

17 amount— 

18 (1) of a partial system rebate— 

19 (A) under section 1522(a)(1) for the pur20 chase and installation of insulation and air seal21 ing within a home of the homeowner or the 

22 household living in a multifamily building shall 

23 be $1600; and 

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1 ing within a home of the homeowner or the 

2 household living in a multifamily building and 

3 replacement of an HVAC system, the heating 

4 component of an HVAC system, or the cooling 

5 component of an HVAC system, of such home, 

6 shall be $3,000; 

7 (2) of a modeled performance rebate under sec8 tion 1523 for an energy audit and home energy effi9 ciency retrofit that is projected to reduce home en10 ergy use as described in— 

11 (A) section 1523(d)(2)(B)(i) shall be 

12 $4,000; and 

13 (B) section 1523(d)(2)(B)(ii) shall be 

14 $8,000; and 

15 (3) of a measured performance rebate under 

16 section 1523 for a home energy efficiency retrofit 

17 that reduces home energy use as described in— 

18 (B) section 1523(e)(2)(B)(i) shall be 

19 $4,000; and 

20 (C) section 1523(e)(2)(B)(ii) shall be 

21 $8,000. 

22 (d) OUTREACH.—The Secretary shall establish proce23 dures to— 

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1 tified pursuant to the procedures established under 

2 subsection (a) as moderate income regarding other 

3 programs and resources relating to assistance for 

4 energy efficiency upgrades of homes, including the 

5 weatherization assistance program implemented 

6 under part A of title IV of the Energy Conservation 

7 and Production Act (42 U.S.C. 6861 et seq.); and 

8 (2) refer such households and owners, as appli9 cable, to such other programs and resources. 

10 SEC. 1525. EVALUATION REPORTS TO CONGRESS. 

11 (a) IN GENERAL.—Not later than 3 years after the 

12 date of enactment of this Act and annually thereafter until 

13 the termination of the Home Energy Savings Retrofit Re14 bate Program, the Secretary shall submit to Congress a 

15 report on the use of funds made available to carry out 

16 this part. 

17 (b) CONTENTS.—Each report submitted under sub18 section (a) shall include— 

19 (1) how many home energy efficiency retrofits 

20 have been completed during the previous year under 

21 the Home Energy Savings Retrofit Rebate Program; 

22 (2) an estimate of how many jobs have been 

23 created through the Home Energy Savings Retrofit 

24 Rebate Program, directly and indirectly; 


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1 (3) a description of what steps could be taken 

2 to promote further deployment of energy efficiency 

3 and renewable energy retrofits; 

4 (4) a description of the quantity of verifiable 

5 energy savings, homeowner energy bill savings, and 

6 other benefits of the Home Energy Savings Retrofit 

7 Rebate Program; 

8 (5) a description of any waste, fraud, or abuse 

9 with respect to funds made available to carry out 

10 this part; and 

11 (6) any other information the Secretary con12 siders appropriate. 

13 SEC. 1526. ADMINISTRATION. 

14 (a) IN GENERAL.—The Secretary shall provide such 

15 administrative and technical support to contractors, rebate 

16 aggregators, States, and Indian Tribes as is necessary to 

17 carry out this part. 

18 (b) INFORMATION COLLECTION.—The Secretary 

19 shall establish, and make available to a homeowner, or the 

20 homeowner’s designated representative, seeking a rebate 

21 under this part, release forms authorizing access by the 

22 Secretary, or a designated third-party representative to in23 formation in the utility bills of the homeowner with appro24 priate privacy protections in place. 


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1 (c) APPLICATION OF WAGE RATE REQUIREMENTS TO

2 PARTIAL SYSTEM AND STATE ADMINISTERED RE3 BATES.—Section 12202 of this Act shall not apply to re4 bates under sections 1522 and 1523. 

5 SEC. 1527. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) IN GENERAL.—There are authorized to be appro7 priated to the Secretary to carry out this part 

8 $1,600,000,000 for each of fiscal years 2021 through 

9 2025, to remain available until expended. 

10 (b) TRIBAL ALLOCATION.—Of the amounts made 

11 available pursuant to subsection (a) for a fiscal year, the 

12 Secretary shall work with Indian Tribes and use 2 percent 

13 of such amounts to carry out a program or programs that 

14 as close as possible reflect the goals, requirements, and 

15 provisions of this part, taking into account any factors 

16 that the Secretary determines to be appropriate. 

17 PART 3—GENERAL PROVISIONS 

18 SEC. 1531. APPOINTMENT OF PERSONNEL. 

19 Notwithstanding the provisions of title 5, United 

20 States Code, regarding appointments in the competitive 

21 service and General Schedule classifications and pay rates, 

22 the Secretary may appoint such professional and adminis23 trative personnel as the Secretary considers necessary to 

24 carry out this subtitle. 


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1 SEC. 1532. MAINTENANCE OF FUNDING. 

2 Each State receiving Federal funds pursuant to this 

3 subtitle shall provide reasonable assurances to the Sec4 retary that it has established policies and procedures de5 signed to ensure that Federal funds provided under this 

6 subtitle will be used to supplement, and not to supplant, 

7 State and local funds. 

8 Subtitle F—Weatherization 

9 SEC. 1601. WEATHERIZATION ASSISTANCE PROGRAM. 

10 (a) REAUTHORIZATION OF WEATHERIZATION AS11 SISTANCE PROGRAM.—Section 422 of the Energy Con12 servation and Production Act (42 U.S.C. 6872) is amend13 ed by striking paragraphs (1) through (5) and inserting 

14 the following: 

15 ‘‘(1) $410,000,000 for fiscal year 2021; 

16 ‘‘(2) $430,000,000 for fiscal year 2022; 

17 ‘‘(3) $450,000,000 for fiscal year 2023; 

18 ‘‘(4) $450,000,000 for fiscal year 2024; and 

19 ‘‘(5) $450,000,000 for fiscal year 2025.’’. 

20 (b) MODERNIZING THE DEFINITION OF WEATHER21 IZATION MATERIALS.—Section 412(9)(J) of the Energy 

22 Conservation and Production Act (42 U.S.C. 6862(9)(J)) 

23 is amended— 

24 (1) by inserting ‘‘, including renewable energy 

25 technologies and other advanced technologies,’’ after 

26 ‘‘devices or technologies’’; and 


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1 (2) by striking ‘‘, after consulting with the Sec2 retary of Housing and Urban Development, the Sec3 retary of Agriculture, and the Director of the Com4 munity Services Administration’’. 

5 (c) CONSIDERATION OF HEALTH BENEFITS.—Sec6 tion 413(b) of the Energy Conservation and Production 

7 Act (42 U.S.C. 6863(b)) is amended— 

8 (1) in paragraph (1), by striking ‘‘Health, Edu9 cation, and Welfare’’ and inserting ‘‘Health and 

10 Human Services’’; 

11 (2) in paragraph (2)(A), by striking ‘‘Health, 

12 Education, and Welfare’’ and inserting ‘‘Health and 

13 Human Services’’; 

14 (3) in paragraph (3)— 

15 (A) by striking ‘‘and with the Director of 

16 the Community Services Administration’’; 

17 (B) by inserting ‘‘and by’’ after ‘‘in car18 rying out this part,’’; and 

19 (C) by striking ‘‘, and the Director of the 

20 Community Services Administration in carrying 

21 out weatherization programs under section 

22 222(a)(12) of the Economic Opportunity Act of 

23 1964’’; 

24 (4) by redesignating paragraphs (4) through 

25 (6) as paragraphs (5) through (7), respectively; and 


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1 (5) by inserting after paragraph (3), the fol2 lowing: 

3 ‘‘(4) The Secretary may amend the regulations pre4 scribed under paragraph (1) to provide that the standards 

5 described in paragraph (2)(A) take into consideration im6 provements in the health and safety of occupants of dwell7 ing units, and other non-energy benefits, from weatheriza8 tion.’’. 

9 (d) CONTRACTOR OPTIMIZATION.— 

10 (1) IN GENERAL.—The Energy Conservation 

11 and Production Act is amended by inserting after 

12 section 414B (42 U.S.C. 6864b) the following: 

13 ‘‘SEC. 414C. CONTRACTOR OPTIMIZATION. 

14 ‘‘(a) IN GENERAL.—The Secretary may request that 

15 entities receiving funding from the Federal Government 

16 or from a State through a weatherization assistance pro17 gram under section 413 or section 414 perform periodic 

18 reviews of the use of private contractors in the provision 

19 of weatherization assistance, and encourage expanded use 

20 of contractors as appropriate. 

21 ‘‘(b) USE OF TRAINING FUNDS.—Entities described 

22 in subsection (a) may use funding described in such sub23 section to train private, non-Federal entities that are con24 tracted to provide weatherization assistance under a 


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1 weatherization program, in accordance with rules deter2 mined by the Secretary.’’. 

3 (2) TABLE OF CONTENTS AMENDMENT.—The 

4 table of contents for the Energy Conservation and 

5 Production Act is amended by inserting after the 

6 item relating to section 414B the following: 

‘‘Sec. 414C. Contractor optimization.’’. 

7 (e) FINANCIAL ASSISTANCE FOR WAP ENHANCE8 MENT AND INNOVATION.— 

9 (1) IN GENERAL.—The Energy Conservation 

10 and Production Act is amended by inserting after 

11 section 414C (as added by subsection (d) of this sec12 tion) the following: 

13 ‘‘SEC. 414D. FINANCIAL ASSISTANCE FOR WAP ENHANCE14 MENT AND INNOVATION. 

15 ‘‘(a) PURPOSES.—The purposes of this section are— 

16 ‘‘(1) to expand the number of dwelling units 

17 that are occupied by low-income persons that receive 

18 weatherization assistance by making such dwelling 

19 units weatherization-ready; 

20 ‘‘(2) to promote the deployment of renewable 

21 energy in dwelling units that are occupied by low-in22 come persons; 

23 ‘‘(3) to ensure healthy indoor environments by 

24 enhancing or expanding health and safety measures 


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1 and resources available to dwellings that are occu2 pied by low-income persons; 

3 ‘‘(4) to disseminate new methods and best prac4 tices among entities providing weatherization assist5 ance; 

6 ‘‘(5) to encourage entities providing weatheriza7 tion assistance to hire and retain employees who are 

8 individuals— 

9 ‘‘(A) from the community in which the as10 sistance is provided; and 

11 ‘‘(B) from communities or groups that are 

12 underrepresented in the home energy perform13 ance workforce, including religious and ethnic 

14 minorities, women, veterans, individuals with 

15 disabilities, and individuals who are 

16 socioeconomically disadvantaged; and 

17 ‘‘(6) to enhance or expand the use of materials 

18 that are resistant to high heat and fire in dwellings 

19 occupied by low-income persons in areas at risk from 

20 drought and wildfires. 

21 ‘‘(b) FINANCIAL ASSISTANCE.—The Secretary shall, 

22 to the extent funds are made available, award financial 

23 assistance, on an annual basis, through a competitive 

24 process to entities receiving funding from the Federal Gov25 ernment or from a State, tribal organization, or unit of 


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1 general purpose local government through a weatheriza2 tion program under section 413 or section 414, or to non3 profit entities, to be used by such an entity— 

4 ‘‘(1) with respect to dwelling units that are oc5 cupied by low-income persons, to— 

6 ‘‘(A) implement measures to make such 

7 dwelling units weatherization-ready by address8 ing structural, plumbing, roofing, and electrical 

9 issues, environmental hazards, or other meas10 ures that the Secretary determines to be appro11 priate; 

12 ‘‘(B) install energy efficiency technologies, 

13 including home energy management systems, 

14 smart devices, and other technologies the Sec15 retary determines to be appropriate; 

16 ‘‘(C) install renewable energy systems (as 

17 defined in section 415(c)(6)(A)); 

18 ‘‘(D) implement measures to ensure 

19 healthy indoor environments by improving in20 door air quality, accessibility, and other healthy 

21 homes measures as determined by the Sec22 retary; and 

23 ‘‘(E) implement measures to enhance 

24 health and safety through use of materials that 


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1 are resistant to high heat and fire in areas at 

2 risk from drought and wildfires; 

3 ‘‘(2) to improve the capability of the entity— 

4 ‘‘(A) to significantly increase the number 

5 of energy retrofits performed by such entity; 

6 ‘‘(B) to replicate best practices for work 

7 performed pursuant to this section on a larger 

8 scale; 

9 ‘‘(C) to leverage additional funds to sus10 tain the provision of weatherization assistance 

11 and other work performed pursuant to this sec12 tion after financial assistance awarded under 

13 this section is expended; and 

14 ‘‘(D) to hire and retain employees who are 

15 individuals described subsection (a)(5); 

16 ‘‘(3) for innovative outreach and education re17 garding the benefits and availability of weatheriza18 tion assistance and other assistance available pursu19 ant to this section; 

20 ‘‘(4) for quality control of work performed pur21 suant to this section; 

22 ‘‘(5) for data collection, measurement, and 

23 verification with respect to such work; 

24 ‘‘(6) for program monitoring, oversight, evalua25 tion, and reporting regarding such work; 


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1 ‘‘(7) for labor, training, and technical assist2 ance relating to such work; 

3 ‘‘(8) for planning, management, and adminis4 tration (up to a maximum of 15 percent of the as5 sistance provided); and 

6 ‘‘(9) for such other activities as the Secretary 

7 determines to be appropriate. 

8 ‘‘(c) AWARD FACTORS.—In awarding financial assist9 ance under this section, the Secretary shall consider— 

10 ‘‘(1) the applicant’s record of constructing, ren11 ovating, repairing, or making energy efficient single12 family, multifamily, or manufactured homes that are 

13 occupied by low-income persons, either directly or 

14 through affiliates, chapters, or other partners (using 

15 the most recent year for which data are available); 

16 ‘‘(2) the number of dwelling units occupied by 

17 low-income persons that the applicant has built, ren18 ovated, repaired, weatherized, or made more energy 

19 efficient in the 5 years preceding the date of the ap20 plication; 

21 ‘‘(3) the qualifications, experience, and past 

22 performance of the applicant, including experience 

23 successfully managing and administering Federal 

24 funds; 


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1 ‘‘(4) the strength of an applicant’s proposal to 

2 achieve one or more of the purposes under sub3 section (a); 

4 ‘‘(5) the extent to which such applicant will uti5 lize partnerships and regional coordination to 

6 achieve one or more of the purposes under sub7 section (a); 

8 ‘‘(6) regional and climate zone diversity; 

9 ‘‘(7) urban, suburban, and rural localities; and 

10 ‘‘(8) such other factors as the Secretary deter11 mines to be appropriate. 

12 ‘‘(d) APPLICATIONS.— 

13 ‘‘(1) ADMINISTRATION.—To be eligible for an 

14 award of financial assistance under this section, an 

15 applicant shall submit to the Secretary an applica16 tion in such manner and containing such informa17 tion as the Secretary may require. 

18 ‘‘(2) AWARDS.—Subject to the availability of 

19 appropriations, not later than 270 days after the 

20 date of enactment of this section, the Secretary shall 

21 make a first award of financial assistance under this 

22 section. 

23 ‘‘(e) MAXIMUM AMOUNT AND TERM.— 


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1 ‘‘(1) IN GENERAL.—The total amount of finan2 cial assistance awarded to an entity under this sec3 tion shall not exceed $2,000,000. 

4 ‘‘(2) TECHNICAL AND TRAINING ASSISTANCE.— 

5 The total amount of financial assistance awarded to 

6 an entity under this section shall be reduced by the 

7 cost of any technical and training assistance pro8 vided by the Secretary that relates to such financial 

9 assistance. 

10 ‘‘(3) TERM.—The term of an award of financial 

11 assistance under this section shall not exceed 3 

12 years. 

13 ‘‘(4) RELATIONSHIP TO FORMULA GRANTS.—An 

14 entity may use financial assistance awarded to such 

15 entity under this section in conjunction with other 

16 financial assistance provided to such entity under 

17 this part. 

18 ‘‘(f) REQUIREMENTS.—Not later than 90 days after 

19 the date of enactment of this section, the Secretary shall 

20 issue requirements to implement this section, including, 

21 for entities receiving financial assistance under this sec22 tion— 

23 ‘‘(1) standards for allowable expenditures; 

24 ‘‘(2) a minimum saving-to-investment ratio; and 

25 ‘‘(3) standards for— 


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1 ‘‘(A) training programs; 

2 ‘‘(B) energy audits; 

3 ‘‘(C) the provision of technical assistance; 

4 ‘‘(D) monitoring activities carried out 

5 using such financial assistance; 

6 ‘‘(E) verification of energy and cost sav7 ings; 

8 ‘‘(F) liability insurance requirements; and 

9 ‘‘(G) recordkeeping and reporting require10 ments, which shall include reporting to the Of11 fice of Weatherization and Intergovernmental 

12 Programs of the Department of Energy applica13 ble data on each dwelling unit retrofitted or 

14 otherwise assisted pursuant to this section. 

15 ‘‘(g) COMPLIANCE WITH STATE AND LOCAL LAW.— 

16 Nothing in this section supersedes or otherwise affects any 

17 State or local law, to the extent that the State or local 

18 law contains a requirement that is more stringent than 

19 the applicable requirement of this section. 

20 ‘‘(h) REVIEW AND EVALUATION.—The Secretary 

21 shall review and evaluate the performance of each entity 

22 that receives an award of financial assistance under this 

23 section (which may include an audit). 


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1 ‘‘(i) ANNUAL REPORT.—The Secretary shall submit 

2 to Congress an annual report that provides a description 

3 of— 

4 ‘‘(1) actions taken under this section to achieve 

5 the purposes of this section; and 

6 ‘‘(2) accomplishments as a result of such ac7 tions, including energy and cost savings achieved. 

8 ‘‘(j) FUNDING.— 

9 ‘‘(1) AMOUNTS.— 

10 ‘‘(A) IN GENERAL.—For each of fiscal 

11 years 2021 through 2025, of the amount made 

12 available under section 422 for such fiscal year 

13 to carry out the weatherization program under 

14 this part (not including any of such amount 

15 made available for Department of Energy head16 quarters training or technical assistance), not 

17 more than— 

18 ‘‘(i) 2 percent of such amount (if such 

19 amount is $225,000,000 or more but less 

20 than $260,000,000) may be used to carry 

21 out this section; 

22 ‘‘(ii) 4 percent of such amount (if 

23 such amount is $260,000,000 or more but 

24 less than $300,000,000) may be used to 

25 carry out this section; and 


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1 ‘‘(iii) 6 percent of such amount (if 

2 such amount is $300,000,000 or more) 

3 may be used to carry out this section. 

4 ‘‘(B) MINIMUM.—For each of fiscal years 

5 2021 through 2025, if the amount made avail6 able under section 422 (not including any of 

7 such amount made available for Department of 

8 Energy headquarters training or technical as9 sistance) for such fiscal year is less than 

10 $225,000,000, no funds shall be made available 

11 to carry out this section. 

12 ‘‘(2) LIMITATION.—For any fiscal year, the 

13 Secretary may not use more than $25,000,000 of 

14 the amount made available under section 422 to 

15 carry out this section. 

16 ‘‘(k) TERMINATION.—The Secretary may not award 

17 financial assistance under this section after September 30, 

18 2025.’’. 

19 (2) TABLE OF CONTENTS.—The table of con20 tents for the Energy Conservation and Production 

21 Act is amended by inserting after the item relating 

22 to section 414C the following: 

‘‘Sec. 414D. Financial assistance for WAP enhancement and innovation.’’. 

23 (f) HIRING.— 

24 (1) IN GENERAL.—The Energy Conservation 

25 and Production Act is amended by inserting after 


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1 section 414D (as added by subsection (e) of this sec2 tion) the following: 

3 ‘‘SEC. 414E. HIRING. 

4 ‘‘The Secretary may, as the Secretary determines ap5 propriate, encourage entities receiving funding from the 

6 Federal Government or from a State through a weather7 ization program under section 413 or section 414, to 

8 prioritize the hiring and retention of employees who are 

9 individuals described in section 414D(a)(5).’’. 

10 (2) TABLE OF CONTENTS.—The table of con11 tents for the Energy Conservation and Production 

12 Act is amended by inserting after the item relating 

13 to section 414D the following: 

‘‘Sec. 414E. Hiring.’’. 

14 (g) INCREASE IN ADMINISTRATIVE FUNDS.—Section 

15 415(a)(1) of the Energy Conservation and Production Act 

16 (42 U.S.C. 6865(a)(1)) is amended by striking ‘‘10 per17 cent’’ and inserting ‘‘15 percent’’. 

18 (h) AMENDING RE-WEATHERIZATION DATE.—Para19 graph (2) of section 415(c) of the Energy Conservation 

20 and Production Act (42 U.S.C. 6865(c)) is amended to 

21 read as follows: 

22 ‘‘(2) Dwelling units weatherized (including dwelling 

23 units partially weatherized) under this part, or under 

24 other Federal programs (in this paragraph referred to as 

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1 cial assistance for weatherization under this part until the 

2 date that is 15 years after the date such previous weather3 ization was completed. This paragraph does not preclude 

4 dwelling units that have received previous weatherization 

5 from receiving assistance and services (including the provi6 sion of information and education to assist with energy 

7 management and evaluation of the effectiveness of in8 stalled weatherization materials) other than weatheriza9 tion under this part or under other Federal programs, or 

10 from receiving non-Federal assistance for weatheriza11 tion.’’. 

12 (i) ANNUAL REPORT.—Section 421 of the Energy 

13 Conservation and Production Act (42 U.S.C. 6871) is 

14 amended by inserting ‘‘the number of multifamily build15 ings in which individual dwelling units were weatherized 

16 during the previous year, the number of individual dwell17 ing units in multifamily buildings weatherized during the 

18 previous year,’’ after ‘‘the average size of the dwellings 

19 being weatherized,’’. 

20 SEC. 1602. REPORT ON WAIVERS. 

21 Not later than 180 days after the date of enactment 

22 of this Act, the Secretary of Energy shall submit to Con23 gress a report on the status of any request made after 

24 September 30, 2010, for a waiver of any requirement 

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1 tions, as such requirement applies with respect to the 

2 weatherization assistance program under part A of title 

3 IV of the Energy Conservation and Production Act (42 

4 U.S.C. 6861 et seq.), including a description of any such 

5 waiver that has been granted and any such request for 

6 a waiver that has been considered but not granted. 

7 SEC. 1603. APPLICATION OF WAGE RATE REQUIREMENTS 

8 TO WEATHERIZATION ASSISTANCE PRO9 GRAM. 

10 With respect to the Weatherization Assistance Pro11 gram, the requirements of section 12202 shall apply only 

12 to work performed on multifamily buildings. 

13 SEC. 1604. PROHIBITION ON CATEGORY 1 RESPIRATORY 

14 SENSITIZERS. 

15 Thermal insulating materials for building elements 

16 including walls, floors, ceilings, attics and roofs insulation, 

17 used for ‘‘Low Income Home Energy Assistance’’ and 

18 ‘‘Weatherization Assistance Program’’ shall not contain 

19 any substance that is a Category 1 respiratory sensitizer 

20 as defined in Appendix A to section 1910.1200 of title 29, 

21 Code of Federal Regulations, (specifically, Appendix A.4, 

22 ‘‘Respiratory or Skin Sensitization’’), if such substance 

23 was intentionally added or is present at greater than 0.1 

24 percent (1000 ppm) by weight in the product. 


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1 Subtitle G—Energy and Water 

2 Research Integration 

3 SEC. 1701. INTEGRATING ENERGY AND WATER RESEARCH. 

4 (a) IN GENERAL.—The Secretary of Energy shall in5 tegrate water considerations into energy research, develop6 ment, and demonstration programs and projects of the 

7 Department of Energy by— 

8 (1) advancing energy and energy efficiency 

9 technologies and practices that meet the objectives 

10 of— 

11 (A) minimizing freshwater withdrawal and 

12 consumption; 

13 (B) increasing water use efficiency; 

14 (C) utilizing nontraditional water sources 

15 with efforts to improve the quality of the water 

16 from those sources; 

17 (D) minimizing deleterious impacts on 

18 water bodies, groundwater, and waterways; and 

19 (E) minimizing seismic impacts; 

20 (2) considering the effects climate variability 

21 may have on water supplies and quality for energy 

22 generation and fuel production; and 

23 (3) improving understanding of the energy24 water nexus. 

25 (b) STRATEGIC PLAN.— 


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1 (1) IN GENERAL.—Not later than 12 months 

2 after the date of enactment of this Act, the Sec3 retary shall develop a strategic plan identifying the 

4 research, development, and demonstration needs for 

5 Department programs and projects to carry out sub6 section (a). The strategic plan shall include technical 

7 milestones for achieving and assessing progress to8 ward the objectives of subsection (a)(1). 

9 (2) SPECIFIC CONSIDERATIONS.—In developing 

10 the strategic plan, the Secretary shall consider— 

11 (A) new advanced cooling technologies for 

12 energy generation and fuel production tech13 nologies; 

14 (B) performance improvement of existing 

15 cooling technologies and cost reductions associ16 ated with using those technologies; 

17 (C) innovative water reuse, recovery, and 

18 treatment technologies in energy generation and 

19 fuel production, including renewable energy; 

20 (D) technology development for carbon 

21 capture and storage systems that utilize effi22 cient water use design strategies; 

23 (E) technologies that are life-cycle cost ef24 fective; 


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1 (F) systems analysis and modeling of 

2 issues relating to the energy-water nexus; 

3 (G) technologies to treat and utilize waste4 water and produced waters discharged from oil, 

5 natural gas, coalbed methane, and any other 

6 substance to be used as an energy source; 

7 (H) advanced materials for the use of non8 traditional water sources for energy generation 

9 and fuel production; 

10 (I) biomass production and utilization and 

11 the impact on hydrologic systems; 

12 (J) technologies that reduce impacts on 

13 water from energy resource development; 

14 (K) energy efficient technologies for water 

15 distribution, treatment, supply, and collection 

16 systems; 

17 (L) technologies for energy generation 

18 from water distribution, treatment, supply, and 

19 collection systems; 

20 (M) the flexible operation of water infra21 structure to provide essential grid reliability 

22 services; 

23 (N) modular or energy-water microgrid 

24 systems that can provide energy and water re25 sources in remote or disaster recovery areas; 


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1 (O) recovering energy in the form of 

2 biofuels, bioproducts, and biopower from munic3 ipal and industrial wastewaters, and similar or4 ganic streams; and 

5 (P) any other area of the energy-water 

6 nexus that the Secretary considers appropriate. 

7 (3) COLLABORATION AND NONDUPLICATION.— 

8 In developing the strategic plan, the Secretary shall 

9 coordinate and avoid duplication— 

10 (A) with other Federal agencies operating 

11 related programs, if appropriate; and 

12 (B) across programs and projects of the 

13 Department, including with those of the Na14 tional Laboratories. 

15 (4) RELEVANT INFORMATION AND REC16 OMMENDATIONS.—In developing the strategic plan, 

17 the Secretary shall consider and incorporate, as ap18 propriate, relevant information and recommenda19 tions, including those of the National Water Avail20 ability and Use Assessment Program under section 

21 9508(d) of the Omnibus Public Land Management 

22 Act of 2009 (42 U.S.C. 10368(d)). 

23 (5) ADDITIONAL PARTICIPATION.—In devel24 oping the strategic plan, the Secretary shall consult 

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1 tives from research and academic institutions, indus2 try, public utility commissions, and State and local 

3 governments who have expertise in technologies and 

4 practices relating to the energy-water nexus. 

5 (6) SUBMISSION TO CONGRESS.—Not later than 

6 12 months after the date of enactment of this Act, 

7 the Secretary shall submit to the Committee on 

8 Science, Space, and Technology of the House of 

9 Representatives and the Committee on Energy and 

10 Natural Resources of the Senate the strategic plan. 

11 (7) UPDATING THE STRATEGIC PLAN.—Not 

12 later than 3 years after the date of enactment of 

13 this Act, and at least once every 5 years thereafter, 

14 the Secretary shall— 

15 (A) utilize relevant information produced 

16 by Federal Government agencies, academia, 

17 State, local, and tribal governments and indus18 try to update the strategic plan; 

19 (B) include in the updated strategic plan a 

20 description of the changes from the previous 

21 strategic plan and the rationale for such 

22 changes; 

23 (C) include a review of progress made to24 wards the milestones outlined in the previous 

25 strategic plan; and 


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1 (D) submit the updated strategic plan to 

2 the Committee on Science, Space, and Tech3 nology of the House of Representatives and the 

4 Committee on Energy and Natural Resources of 

5 the Senate. 

6 (c) ADDITIONAL ACTIVITIES.—The Secretary may 

7 provide for such additional research, development, and 

8 demonstration activities as appropriate to integrate water 

9 considerations into the research, development, and dem10 onstration activities of the Department as described in 

11 subsection (a). 

12 SEC. 1702. ENERGY-WATER OVERSIGHT AND COORDINA13 TION. 

14 (a) IN GENERAL.—In carrying out the research, de15 velopment, and demonstration activities outlined in section 

16 1701, the Secretary, in coordination with other relevant 

17 Federal agencies, shall establish an Energy-Water Com18 mittee to promote and enable improved energy and water 

19 resource data collection, reporting, and technological inno20 vation. The Committee shall consist of— 

21 (1) representation from each program within 

22 the Department and each Federal agency that con23 ducts research related to the energy-water nexus; 

24 and 


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1 (2) non-Federal members, including representa2 tives of research and academic institutions, State, 

3 local, and tribal governments, public utility commis4 sions, and industry, who have expertise in tech5 nologies, technological innovations, or practices re6 lating to the energy-water nexus. 

7 (b) FUNCTIONS.—The Committee shall, in carrying 

8 out section 1701— 

9 (1) make recommendations on the development 

10 and integration of data collection and data commu11 nication standards and protocols, including models 

12 and modeling results, to agencies and entities cur13 rently engaged in collecting the data for the energy14 water nexus; 

15 (2) recommend ways to make improvements to 

16 Federal water use data to increase understanding of 

17 trends in energy generation and fuel production, in18 cluding non-cooling water uses; 

19 (3) recommend best practices for utilizing infor20 mation from existing monitoring networks to provide 

21 nationally uniform water and energy use and infra22 structure data; and 

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1 gional, State, local, and tribal governments and pri2 vate sector experts on technologies that encourage 

3 the conservation and efficient use of water and en4 ergy. 

5 (c) REPORTS.—Not later than 1 year after the date 

6 of enactment of this Act, and at least once every 2 years 

7 thereafter, the Committee, through the Secretary, shall 

8 transmit to Congress a report on its findings and activities 

9 under this section. 

10 (d) APPLICABILITY OF FEDERAL ADVISORY COM11 MITTEE ACT.—Except as otherwise provided in this sec12 tion, the Federal Advisory Committee Act (5 U.S.C. App.) 

13 shall apply to the Committee. 

14 SEC. 1703. RULE OF CONSTRUCTION. 

15 Notwithstanding any other provision of law, nothing 

16 in this part shall be construed to require State, tribal, or 

17 local governments to provide additional data for Federal 

18 purposes, or to take any action that may result in an in19 creased financial burden to such governments by restrict20 ing the use of water by such governments. 

21 SEC. 1704. COORDINATION AND NONDUPLICATION. 

22 To the maximum extent practicable, the Secretary 

23 shall coordinate activities under this part with other pro24 grams of the Department and other Federal research pro25 grams. 


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1 SEC. 1705. DEFINITIONS. 

2 In this part: 

3 (1) COMMITTEE.—The term ‘‘Committee’’ 

4 means the Energy-Water Committee established 

5 under section 1702(a). 

6 (2) DEPARTMENT.—The term ‘‘Department’’ 

7 means the Department of Energy. 

8 (3) ENERGY-WATER NEXUS.—The term ‘‘en9 ergy-water nexus’’ means the energy required to pro10 vide reliable water supplies and the water required 

11 to provide reliable energy supplies throughout the 

12 United States. 

13 (4) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Energy. 

15 Subtitle H—Other Matters 

16 SEC. 1801. MODIFICATIONS TO THE CEILING FAN ENERGY 

17 CONSERVATION STANDARD. 

18 (a) IN GENERAL.—Section 325(ff)(6) of the Energy 

19 Policy and Conservation Act (42 U.S.C. 6295(ff)(6)) is 

20 amended by adding at the end the following: 

21 ‘‘(C)(i) Large-diameter ceiling fans manufactured on 

22 or after January 21, 2020, shall— 

23 ‘‘(I) not be required to meet minimum ceiling 

24 fan efficiency in terms of ratio of the total airflow 

25 to the total power consumption as described in the 

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1 ergy Conservation Standards for Ceiling Fans’ (82 

2 Fed. Reg. 6826 (January 19, 2017)); and 

3 ‘‘(II) have a CFEI greater than or equal to— 

4 ‘‘(aa) 1.00 at high speed; and 

5 ‘‘(bb) 1.31 at 40 percent speed or the 

6 nearest speed that is not less than 40 percent 

7 speed. 

8 ‘‘(ii) For purposes of this subparagraph, the term 

9 ‘CFEI’ means the Fan Energy Index for large-diameter 

10 ceiling fans, calculated in accordance with ANSI/AMCA 

11 Standard 208–18 titled ‘Calculation of the Fan Energy 

12 Index’, with the following modifications: 

13 ‘‘(I) Using an Airflow Constant (Q0) of 26,500 

14 cubic feet per minute. 

15 ‘‘(II) Using a Pressure Constant (P0) of 0.0027 

16 inches water gauge. 

17 ‘‘(III) Using a Fan Efficiency Constant (η0) of 

18 42 percent.’’. 

19 (b) REVISION.—For purposes of section 325(m) of 

20 the Energy Policy and Conservation Act (42 U.S.C. 

21 6295(m)), the standard established in section 

22 325(ff)(6)(C) of such Act (as added by subsection (a) of 

23 this section) shall be treated as if such standard was 

24 issued on January 19, 2017. 


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1 SEC. 1802. SMART ENERGY AND WATER EFFICIENCY PRO2 GRAM. 

3 (a) DEFINITIONS.—In this section: 

4 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti5 ty’’ means— 

6 (A) a municipality; 

7 (B) a water district; and 

8 (C) any other entity that provides water, 

9 wastewater, or water reuse services, including a 

10 joint water and power authority. 

11 (2) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Energy. 

13 (3) SMART ENERGY AND WATER EFFICIENCY

14 PROGRAM.—The term ‘‘smart energy and water effi15 ciency program’’ or ‘‘program’’ means the program 

16 established under subsection (b). 

17 (b) SMART ENERGY AND WATER EFFICIENCY PRO18 GRAM.— 

19 (1) IN GENERAL.—The Secretary shall establish 

20 and carry out a smart energy and water efficiency 

21 program in accordance with this section. 

22 (2) ELIGIBLE PROJECTS.—In carrying out the 

23 smart energy and water efficiency program, the Sec24 retary shall award grants to eligible entities to carry 

25 out projects that implement advanced and innovative 

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1 ergy or water efficiency of water, wastewater, or 

2 water reuse systems to— 

3 (A) help eligible entities make significant 

4 progress in conserving water, conserving energy, 

5 or reducing the operating costs of such systems; 

6 (B) support the implementation of innova7 tive processes or the installation of advanced 

8 automated systems that provide real-time data 

9 on energy and water; or 

10 (C) improve predictive maintenance of 

11 water, wastewater, or water reuse systems 

12 through the use of Internet-connected tech13 nologies, such as sensors, intelligent gateways, 

14 or security embedded in hardware. 

15 (3) PROJECT SELECTION.— 

16 (A) IN GENERAL.—The Secretary shall 

17 make competitive, merit-reviewed grants under 

18 the program to not fewer than 3, but not more 

19 than 5, eligible entities. 

20 (B) SELECTION CRITERIA.—In selecting an 

21 eligible entity to receive a grant under the pro22 gram, the Secretary shall consider— 

23 (i) energy and cost savings anticipated 

24 to result from the project; 


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1 (ii) the innovative nature, commercial 

2 viability, and reliability of the technology 

3 to be used; 

4 (iii) the degree to which the project 

5 integrates innovative sensors, software, 

6 hardware, analytics, and management 

7 tools; 

8 (iv) the anticipated cost-effectiveness 

9 of the project in terms of energy savings, 

10 water savings or reuse, and infrastructure 

11 costs averted; 

12 (v) whether the technology can be de13 ployed in a variety of geographic regions 

14 and the degree to which the technology can 

15 be implemented on a smaller or larger 

16 scale, including whether the technology can 

17 be implemented by other types of eligible 

18 entities; and 

19 (vi) whether implementation of the 

20 project will be complete within 5 years. 

21 (C) APPLICATIONS.— 

22 (i) IN GENERAL.—Subject to clause 

23 (ii), an eligible entity seeking a grant 

24 under the program shall submit to the Sec25 retary an application at such time, in such 


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1 manner, and containing such information 

2 as the Secretary determines to be nec3 essary. 

4 (ii) CONTENTS.—An application under 

5 clause (i) shall, at a minimum, include— 

6 (I) a description of the project; 

7 (II) a description of the tech8 nology to be used in the project; 

9 (III) the anticipated results, in10 cluding energy and water savings, of 

11 the project; 

12 (IV) a comprehensive budget for 

13 the project; and 

14 (V) the number of households or 

15 customers that are served by the eligi16 ble entity and will benefit from the 

17 project. 

18 (4) ADMINISTRATION.— 

19 (A) IN GENERAL.—Not later than 300 

20 days after the date of enactment of this Act, 

21 the Secretary shall select grant recipients under 

22 this section. 

23 (B) EVALUATIONS.—The Secretary shall 

24 annually for 5 years carry out an evaluation of 


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1 each project for which a grant is provided 

2 under this section that— 

3 (i) evaluates the progress and effects 

4 of the project; and 

5 (ii) assesses the degree to which the 

6 project can be replicated in other regions, 

7 systems, and situations. 

8 (C) TECHNICAL ASSISTANCE.—On the re9 quest of a grant recipient, the Secretary shall 

10 provide technical assistance to the grant recipi11 ent to carry out the project. 

12 (D) BEST PRACTICES.—The Secretary 

13 shall make available to the public— 

14 (i) a copy of each evaluation carried 

15 out under subparagraph (B); and 

16 (ii) a description of any best practices 

17 identified by the Secretary as a result of 

18 those evaluations. 

19 (E) REPORT TO CONGRESS.—Not later 

20 than the date on which the Secretary completes 

21 the last evaluation required under subparagraph 

22 (B), the Secretary shall submit to Congress a 

23 report containing the results of each evaluation 

24 carried out under such subparagraph. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated $15,000,000 to carry out 

3 this section, to remain available until expended. 

4 SEC. 1803. ENERGY EFFICIENCY AND CONSERVATION 

5 BLOCK GRANT PROGRAM. 

6 (a) PURPOSE.—Section 542(b)(1) of the Energy 

7 Independence and Security Act of 2007 (42 U.S.C. 

8 17152(b)(1)) is amended— 

9 (1) in subparagraph (A), by striking ‘‘; and’’ 

10 and inserting a semicolon; 

11 (2) in subparagraph (B), by striking the semi12 colon and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(C) diversifies energy supplies, including 

15 by facilitating and promoting the use of alter16 native fuels;’’. 

17 (b) USE OF FUNDS.—Section 544(9) of the Energy 

18 Independence and Security Act of 2007 (42 U.S.C. 

19 17154(9)) is amended to read as follows: 

20 ‘‘(9) deployment of energy distribution tech21 nologies that significantly increase energy efficiency 

22 or expand access to alternative fuels, including— 

23 ‘‘(A) distributed resources; 

24 ‘‘(B) district heating and cooling systems; 

25 and 


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1 ‘‘(C) infrastructure for delivering alter2 native fuels;’’. 

3 (c) COMPETITIVE GRANTS.—Section 546(c)(2) of the 

4 Energy Independence and Security Act of 2007 (42 

5 U.S.C. 17156(c)(2)) is amended by inserting ‘‘, including 

6 projects to expand the use of alternative fuels’’ before the 

7 period at the end. 

8 (d) FUNDING.—Section 548(a) of the Energy Inde9 pendence and Security Act of 2007 (42 U.S.C. 17158(a)) 

10 is amended to read as follows: 

11 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— 

12 ‘‘(1) GRANTS.—There is authorized to be ap13 propriated to the Secretary for the provision of 

14 grants under the program $3,500,000,000 for each 

15 of fiscal years 2021 through 2025. 

16 ‘‘(2) ADMINISTRATIVE COSTS.—There is au17 thorized to be appropriated to the Secretary for ad18 ministrative expenses of the program $35,000,000 

19 for each of fiscal years 2021 through 2025.’’. 

20 (e) TECHNICAL AMENDMENTS.—Section 543 of the 

21 Energy Independence and Security Act of 2007 (42 

22 U.S.C. 17153) is amended— 

23 (1) in subsection (c), by striking ‘‘subsection 

24 (a)(2)’’ and inserting ‘‘subsection (a)(3)’’; and 


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1 (2) in subsection (d), by striking ‘‘subsection 

2 (a)(3)’’ and inserting ‘‘subsection (a)(4)’’. 

3 SEC. 1804. ENERGY EFFICIENT PUBLIC BUILDINGS. 

4 (a) GRANTS.—Section 125(a) of the Energy Policy 

5 Act of 2005 (42 U.S.C. 15822(a)) is amended— 

6 (1) in paragraph (1)— 

7 (A) by inserting ‘‘Standard 90.1 of the 

8 American Society of Heating, Refrigerating, 

9 and Air-Conditioning Engineers,’’ after ‘‘the 

10 International Energy Conservation Code,’’; and 

11 (B) by striking ‘‘; or’’ and inserting a 

12 semicolon; 

13 (2) in paragraph (2), by striking the period at 

14 the end and inserting ‘‘; or’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(3) through benchmarking programs to enable 

17 use of building performance data to evaluate the 

18 performance of energy efficiency investments over 

19 time.’’. 

20 (b) ASSURANCE OF IMPROVEMENT.—Section 125 of 

21 the Energy Policy Act of 2005 (42 U.S.C. 15822) is 

22 amended by redesignating subsections (b) and (c) as sub23 sections (c) and (d), respectively, and inserting after sub24 section (a) the following: 

25 ‘‘(b) ASSURANCE OF IMPROVEMENT.— 


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1 ‘‘(1) VERIFICATION.—A State agency receiving 

2 a grant for activities described in paragraph (1) or 

3 (2) of subsection (a) shall ensure, as a condition of 

4 eligibility for assistance pursuant to such grant, that 

5 a unit of local government receiving such assistance 

6 obtain third-party verification of energy efficiency 

7 improvements in each public building with respect to 

8 which such assistance is used. 

9 ‘‘(2) GUIDANCE.—The Secretary may provide 

10 guidance to State agencies to comply with paragraph 

11 (1). In developing such guidance, the Secretary shall 

12 consider available third-party verification tools for 

13 high-performing buildings and available third-party 

14 verification tools for energy efficiency retrofits.’’. 

15 (c) ADMINISTRATION.—Section 125(c) of the Energy 

16 Policy Act of 2005, as so redesignated, is amended— 

17 (1) in the matter preceding paragraph (1), by 

18 striking ‘‘State energy offices receiving grants’’ and 

19 inserting ‘‘A State agency receiving a grant’’; 

20 (2) in paragraph (1), by striking ‘‘; and’’ and 

21 inserting a semicolon; 

22 (3) in paragraph (2), by striking the period at 

23 the end and inserting ‘‘; and’’; and 

24 (4) by adding at the end the following: 


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1 ‘‘(3) ensure that all laborers and mechanics em2 ployed by contractors and subcontractors in the per3 formance of construction, alteration, or repair work 

4 financed in whole or in part with assistance received 

5 pursuant to this section shall be paid wages at rates 

6 not less than those prevailing on projects of a simi7 lar character in the locality, as determined by the 

8 Secretary of Labor in accordance with subchapter 

9 IV of chapter 31 of title 40, United States Code 

10 (and with respect to such labor standards, the Sec11 retary of Labor shall have the authority and func12 tions set forth in Reorganization Plan Numbered 14 

13 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 

14 3145 of title 40, United States Code).’’. 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

16 125(d) of the Energy Policy Act of 2005, as so redesig17 nated, is amended by striking ‘‘$30,000,000 for each of 

18 fiscal years 2006 through 2010’’ and inserting 

19 ‘‘$100,000,000 for each of fiscal years 2021 through 

20 2025’’. 

21 SEC. 1805. SMART BUILDINGS. 

22 (a) DEFINITIONS.—In this section: 

23 (1) FRONTLINE COMMUNITY.—The term 

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1 income communities, or Tribal and indigenous com2 munities, that experiences, or is at risk of experi3 encing, higher or more adverse human health or en4 vironmental effects. 

5 (2) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Energy. 

7 (3) SMART BUILDING.—The term ‘‘smart build8 ing’’ means a building, or collection of buildings, 

9 with an energy system that— 

10 (A) is flexible and automated in its energy 

11 demand and usage in response to changes asso12 ciated with the environment, occupant behav13 iors, building conditions, and other events; 

14 (B) has monitoring, diagnostics, control, 

15 and communication connectivity that enables 

16 analysis and control of energy consumption and 

17 generation; 

18 (C) has a systems-based approach to inte19 grating the overall building operations for con20 trol of energy demand, generation, and storage; 

21 (D) has the ability to share information 

22 with utilities or other third-party entities, as 

23 appropriate in order to coordinate building en24 ergy assets to support energy system reliability 

25 and resilience; 


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1 (E) supports the health and safety of occu2 pants; or 

3 (F) incorporates cybersecurity protections. 

4 (b) FEDERAL SMART BUILDING PROGRAM.— 

5 (1) ESTABLISHMENT.—Not later than 1 year 

6 after the date of enactment of this Act, the Sec7 retary shall, in consultation with the Administrator 

8 of General Services, establish a program to be 

9 known as the ‘‘Federal Smart Building Program’’— 

10 (A) to implement smart building tech11 nology; and 

12 (B) to demonstrate the costs and benefits 

13 of smart buildings. 

14 (2) SELECTION.— 

15 (A) IN GENERAL.—The Secretary shall co16 ordinate the selection of not fewer than 1 build17 ing from among each of several key Federal 

18 agencies, as described in paragraph (4), to com19 pose an appropriately diverse set of smart 

20 buildings based on size, type, and geographic lo21 cation. 

22 (B) INCLUSION OF COMMERCIALLY OPER23 ATED BUILDINGS.—In making selections under 

24 subparagraph (A), the Secretary may include 


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1 buildings that are owned by the Federal Gov2 ernment but are commercially operated. 

3 (3) TARGETS.—Not later than 18 months after 

4 the date of enactment of this Act, the Secretary 

5 shall establish targets for the number of smart 

6 buildings to be commissioned and evaluated by key 

7 Federal agencies by 3 years and 6 years after the 

8 date of enactment of this Act. 

9 (4) FEDERAL AGENCY DESCRIBED.—The key 

10 Federal agencies referred to paragraph (2)(A) shall 

11 include buildings operated by— 

12 (A) the Department of the Army; 

13 (B) the Department of the Navy; 

14 (C) the Department of the Air Force; 

15 (D) the Department of Energy; 

16 (E) the Department of the Interior; 

17 (F) the Department of Veterans Affairs; 

18 and 

19 (G) the General Services Administration. 

20 (5) REQUIREMENT.—In implementing the pro21 gram established under this subsection, the Sec22 retary shall leverage existing financing mechanisms, 

23 including energy savings performance contracts, util24 ity energy service contracts, and annual appropria25 tions. 


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1 (6) EVALUATION.—Using the guidelines of the 

2 Federal Energy Management Program relating to 

3 whole-building evaluation, measurement, and 

4 verification, the Secretary shall evaluate the costs 

5 and benefits of the buildings selected under para6 graph (2), including an identification of— 

7 (A) which advanced building tech8 nologies— 

9 (i) are most cost-effective; and 

10 (ii) show the most promise for— 

11 (I) increasing building energy 

12 savings; 

13 (II) increasing service perform14 ance to building occupants; 

15 (III) reducing environmental im16 pacts; and 

17 (IV) establishing cybersecurity; 

18 and 

19 (B) any other information the Secretary 

20 determines to be appropriate. 

21 (7) AWARDS.—The Secretary may expand 

22 awards made under the Federal Energy Manage23 ment Program and the Better Building Challenge to 

24 recognize specific agency achievements in accel25 erating the adoption of smart building technologies. 


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1 (c) SURVEY OF PRIVATE SECTOR SMART BUILD2 INGS.— 

3 (1) SURVEY.—The Secretary shall conduct a 

4 survey of privately owned smart buildings through5 out the United States, including commercial build6 ings, laboratory facilities, hospitals, multifamily resi7 dential buildings, and buildings owned by nonprofit 

8 organizations and institutions of higher education. 

9 (2) SELECTION.—From among the smart build10 ings surveyed under paragraph (1), the Secretary 

11 shall select not fewer than 1 building each from an 

12 appropriate range of building sizes, types, and geo13 graphic locations. 

14 (3) EVALUATION.—Using the guidelines of the 

15 Federal Energy Management Program relating to 

16 whole-building evaluation, measurement, and 

17 verification, the Secretary shall evaluate the costs 

18 and benefits of the buildings selected under para19 graph (2), including an identification of— 

20 (A) which advanced building technologies 

21 and systems— 

22 (i) are most cost-effective; and 

23 (ii) show the most promise for— 

24 (I) increasing building energy 

25 savings; 


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1 (II) increasing service perform2 ance to building occupants; 

3 (III) reducing environmental im4 pacts; and 

5 (IV) establishing cybersecurity; 

6 and 

7 (B) any other information the Secretary 

8 determines to be appropriate. 

9 (d) LEVERAGING EXISTING PROGRAMS.— 

10 (1) BETTER BUILDINGS PROGRAM.— 

11 (A) BETTER BUILDINGS CHALLENGE.— 

12 The Secretary shall carry out a program to pro13 vide technical assistance for entities to set and 

14 achieve goals to improve energy efficiency, re15 duce greenhouse gas emissions and emissions of 

16 other pollutants, and reduce embodied carbon 

17 in commercial and residential buildings through 

18 the commercial application of relevant tools and 

19 technologies. In carrying out this program, the 

20 Secretary shall— 

21 (i) identify opportunities for opti22 mizing energy efficiency, demand manage23 ment, and increasing emissions reductions 

24 in buildings to achieve net-zero energy or 


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1 energy-generating buildings, including 

2 through electrification; 

3 (ii) promote the commercial applica4 tion of emerging concepts and technologies 

5 in buildings; 

6 (iii) share best practices from success7 ful projects; and 

8 (iv) ensure a diversity of entities re9 ceive technical assistance, including low-in10 come and rural communities. 

11 (B) BETTER BUILDINGS ACCELERATOR.— 

12 In carrying out the program under subpara13 graph (A), the Secretary shall develop smart 

14 building accelerators that will demonstrate in15 novative policies and approaches to accelerate 

16 the transition to smart buildings in the public, 

17 institutional, laboratory, industrial, commercial, 

18 and residential sectors, including in rural, low19 income, and multi-family housing. 

20 (C) BUILDING AMERICA PROGRAM.—The 

21 Secretary shall carry out a research, develop22 ment, and demonstration program on tools, 

23 technologies, and techniques to reduce energy 

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1 tial buildings, in partnership with industry enti2 ties. 

3 (2) RESEARCH AND DEVELOPMENT.— 

4 (A) IN GENERAL.—Not later than 180 

5 days after the date of enactment of this Act, 

6 the Secretary shall establish a program of re7 search, development, demonstration, and com8 mercial application to develop cost-effective 

9 tools, technologies, and practices that reduce 

10 greenhouse gas emissions or other pollutants 

11 from, increase the energy efficiency of, and in12 crease beneficial electrification of new and exist13 ing commercial and residential buildings, in14 cluding retrofits and electrification of existing 

15 buildings, rural housing, low-income housing, 

16 multi-family housing, and manufactured hous17 ing. 

18 (B) ENERGY EQUITY.—The Secretary shall 

19 carry out research to identify barriers to and 

20 strategies for expanding the use of low-emis21 sions and energy-efficient building technologies 

22 and appliances in the buildings where members 

23 of frontline communities live and work. Re24 search topics covered under this subparagraph 

25 may include— 


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1 (i) barriers to the use of technologies 

2 developed under this subsection in rural, 

3 low-income, and multi-family housing; 

4 (ii) causes of and solutions for inequi5 table energy costs in residential buildings 

6 based on race or class; and 

7 (iii) solutions that enable energy-effi8 cient homes while keeping housing afford9 able for low-income communities. 

10 (C) NON-TECHNICAL BARRIERS.—The Sec11 retary shall support research and analysis to 

12 identify non-technical barriers, and methods to 

13 address such barriers, to enable greater use of 

14 tools and technologies developed under this sub15 section in new and existing commercial and res16 idential buildings, including rural housing, low17 income housing, and multi-family housing. 

18 (D) ADVANCED BUILDING CONSTRUCTION, 

19 DESIGN, AND RETROFITS.—As part of the pro20 gram established under subparagraph (A), the 

21 Secretary shall support research and develop22 ment on technologies and methodologies to en23 able advanced building design, construction 

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1 search and development under subparagraph 

2 (A), the Secretary shall— 

3 (i) include considerations of a full 

4 lifecycle analysis during building design, 

5 manufacturing, and construction, including 

6 environmental considerations, embodied en7 ergy and embodied carbon in building ma8 terials, transportation of materials, and 

9 implications for final disposal and recy10 cling; 

11 (ii) incorporate principles of resilient 

12 building design and construction through 

13 the consideration of regional differences 

14 in— 

15 (I) climate, season, temperature, 

16 and precipitation in consultation with 

17 the National Oceanic and Atmospheric 

18 Administration; and 

19 (II) fuel mix and energy produc20 tion, including through the develop21 ment of vulnerability assessments and 

22 analysis of building resilience for pro23 posed building designs, building sites, 

24 or existing buildings; 


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1 (iii) support research and development 

2 on the use of various potential energy 

3 sources and distributed generation to sup4 ply cooling, heating, and power for build5 ings, including integrated and adaptive 

6 control solutions that address traditional 

7 building energy management and emerging 

8 technologies, such as batteries, thermal 

9 storage, and combined heat and power, 

10 compatible with all sizes of buildings; 

11 (iv) support the development and inte12 gration of technologies that enable low13 emissions and energy-efficient or advanced 

14 buildings, such as heating, ventilation, air15 conditioning, and refrigeration systems and 

16 other appliances that are cost-competitive 

17 over the life of the product as compared to 

18 conventional technologies and that incor19 porate considerations of retrofitting and 

20 ease of installation, using a whole-systems 

21 and whole-buildings approach; 

22 (v) support the development and inte23 gration of cost-effective next-generation 

24 window and building envelope technologies 


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1 that incorporate considerations of retro2 fitting and ease of installation; 

3 (vi) support development of alter4 native working fluids and refrigerants for 

5 use in buildings equipment to reduce their 

6 impact on climate change; and 

7 (vii) research methods to enhance 

8 comfort and health of individual occupants 

9 in buildings that also result in improved 

10 energy efficiency and emissions reductions, 

11 including indoor air pollution. 

12 (E) GRID-INTERACTIVE BUILDINGS.—As 

13 part of the program established under subpara14 graph (A), the Secretary shall support research 

15 and development to enable components of com16 mercial and residential buildings to serve as dy17 namic energy loads and energy resources to en18 able smart building designs. In particular, the 

19 Secretary shall focus on the development of— 

20 (i) advanced building energy manage21 ment systems through the integration of 

22 sensors and advanced control technologies 

23 and systems that allow whole-building opti24 mization and integration with other energy 

25 systems, including photovoltaics, electric 


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1 vehicles, and energy storage technologies 

2 such as thermal storage; 

3 (ii) cost-effective sensors that enable 

4 monitoring of building conditions and en5 ergy load, including, as appropriate, re6 porting energy use and forecasting energy 

7 needs; 

8 (iii) improved analysis of data on the 

9 energy use of devices connected to build10 ings, including miscellaneous electric loads; 

11 (iv) advanced control technologies and 

12 systems that enable flexible operation of 

13 building components and that are capable 

14 of coordinating and executing energy con15 trol commands in response to signals from 

16 the electric grid; 

17 (v) flexible building components capa18 ble of reporting and modulating energy use 

19 in response to control commands, as ap20 propriate; 

21 (vi) data analysis and communication 

22 protocols to further systems integration, 

23 interoperability, and automation; 


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1 (vii) building energy storage capabili2 ties to modulate peak and off-peak energy 

3 demand; 

4 (viii) distributed energy resources at 

5 the community- and building-level through 

6 localized electric grids; 

7 (ix) technologies to reduce energy use 

8 and emissions in connected communities 

9 and neighborhoods located in a variety of 

10 climates, including by enabling transactive 

11 energy concepts; and 

12 (x) cybersecurity practices that pro13 tect privacy and personally identifiable in14 formation. 

15 (F) MODELING AND DATA ANALYSIS.—As 

16 part of the program established under subpara17 graph (A), the Secretary shall support the de18 velopment of building models, including for the 

19 design and operation of buildings, and the anal20 ysis of relevant data to enable smart buildings. 

21 In particular, the Secretary shall focus on the 

22 development of— 

23 (i) advanced modeling capabilities that 

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1 scale, and urban-scale activities in order 

2 to— 

3 (I) provide system-level analysis 

4 of new technologies, including distrib5 uted generation and storage; 

6 (II) evaluate system benefits such 

7 as emissions reductions, community 

8 resilience, distribution grid reliability, 

9 and service to underserved commu10 nities; 

11 (III) provide data, derived from 

12 both simulation and demonstration 

13 projects established under subpara14 graph (G), to inform decision support 

15 and new business models; and 

16 (ii) automated methods to generate 

17 models of proposed or existing buildings; 

18 (iii) methods to address barriers, in19 cluding non-technical barriers, to commer20 cial application of building models for 

21 building operation; 

22 (iv) methods to analyze data collected 

23 by technologies in smart buildings and col24 lections of buildings; 


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1 (v) artificial intelligence and machine 

2 learning approaches to building energy 

3 management; and 

4 (vi) advanced data collection and mon5 itoring methods for utilities at the building 

6 level and component level. 

7 (G) DEMONSTRATION PROGRAM.—The 

8 Secretary shall establish a competitive grant 

9 program for the demonstration of advanced 

10 building technologies and systems developed 

11 under the program established under subpara12 graph (A) that— 

13 (i) focuses on a range of new and ex14 isting building types, including low-income 

15 housing, rural housing and agricultural 

16 buildings, multi-family residential build17 ings, manufactured housing, and small and 

18 medium-sized commercial buildings; and 

19 (ii) includes community-scale dem20 onstration projects. 

21 (H) TESTING AND VALIDATION.—In car22 rying out the program under subparagraph (A), 

23 the Secretary shall— 

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1 tion of relevant tools, technologies, and 

2 methods, including the use of testbeds to 

3 determine cost savings and performance in 

4 realistic scenarios; and 

5 (ii) support analysis, testing, and vali6 dation to accurately determine energy sav7 ings, emissions reductions, cost-savings, 

8 and other potential impacts of the highest9 performing appliances that are commer10 cially available. 

11 (I) PARTNERSHIPS.—In carrying out the 

12 activities authorized in this subsection, the Sec13 retary shall work with utilities, State and local 

14 energy offices, building owners, technology de15 velopers, contractors, building developers, and 

16 other relevant entities to guide the focus areas 

17 of the activities of the program carried out 

18 under subparagraph (A) and to encourage the 

19 commercial application of these technologies by 

20 building owners, operators, developers, occu21 pants, contractors, or other relevant entities. 

22 (J) COORDINATION.—In carrying out this 

23 subsection, the Secretary shall coordinate across 

24 all relevant program offices at the Department 

25 of Energy, including the Office of Electricity, 


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1 the Advanced Manufacturing Office, the Vehicle 

2 Technologies Office, the Geothermal Tech3 nologies Office, and the Office of Cybersecurity, 

4 Energy Security, and Emergency Response. 

5 (e) REPORT.—Not later than 2 years after the date 

6 of enactment of this Act, and every 2 years thereafter until 

7 a total of 3 reports have been made, the Secretary shall 

8 submit to the Committee on Energy and Natural Re9 sources of the Senate and the Committee on Energy and 

10 Commerce and the Committee on Science, Space, and 

11 Technology of the House of Representatives a report on— 

12 (1) the establishment of the Federal Smart 

13 Building Program and the evaluation of Federal 

14 smart buildings under subsection (b); 

15 (2) the survey and evaluation of private sector 

16 smart buildings under subsection (c); and 

17 (3) any recommendations of the Secretary to 

18 further accelerate the transition to smart buildings. 

19 SEC. 1806. WATER HEATERS. 

20 (a) DEFINITION OF WATER HEATER.—Section 321 

21 of the Energy Policy and Conservation Act (42 U.S.C. 

22 6291) is amended by striking paragraph (27) and insert23 ing the following: 

24 ‘‘(27) WATER HEATER.— 


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1 ‘‘(A) IN GENERAL.—The term ‘water heat2 er’ means a product that utilizes oil, gas, or 

3 electricity to heat potable water for use outside 

4 the heater on demand, including— 

5 ‘‘(i) storage type units that heat and 

6 store water at a thermostatically controlled 

7 temperature, including— 

8 ‘‘(I) gas storage water heaters 

9 with an input of 75,000 Btu per hour 

10 or less, including heat pump type 

11 units that meet the current and volt12 age limits under clause (iii); 

13 ‘‘(II) oil storage water heaters 

14 with an input of 105,000 Btu per 

15 hour or less; and 

16 ‘‘(III) electric storage water heat17 ers with an input of 12 kilowatts or 

18 less, including heat pump type units 

19 that meet the current and voltage lim20 its under clause (iii); 

21 ‘‘(ii)(I) instantaneous type units that 

22 heat water but contain not more than 1 

23 gallon of water per 4,000 Btu per hour of 

24 input; and 

25 ‘‘(II) in the case of— 


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1 ‘‘(aa) gas instantaneous 

2 water heaters, have an input of 

3 200,000 Btu per hour or less and 

4 are designed and marketed to 

5 provide outlet hot water at a 

6 thermostatically controlled tem7 perature of less than 180 degrees 

8 Fahrenheit; 

9 ‘‘(bb) oil instantaneous 

10 water heaters, have an input of 

11 210,000 Btu per hour or less; 

12 and 

13 ‘‘(cc) electric instantaneous 

14 water heaters, have an input of 

15 12 kilowatts or less; 

16 ‘‘(iii) heat pump type units (including 

17 add-on heat pumps, integrated heat pumps 

18 with storage, split-system heat pumps that 

19 consist of a separate heat pump and stor20 age tank that are designed and marketed 

21 to operate together, and all ancillary equip22 ment, such as fans, storage tanks, pumps, 

23 electric resistance heating elements, or 

24 controls necessary for the device to per25 form its function) that— 


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1 ‘‘(I) have a maximum current 

2 rating of 24 amperes at a voltage not 

3 greater than 250 volts; and 

4 ‘‘(II) are designed to transfer 

5 thermal energy from 1 temperature 

6 level to a different temperature level 

7 for the purpose of heating water; 

8 ‘‘(iv) solar thermal-assisted electric 

9 storage units; and 

10 ‘‘(v) solar thermal-assisted fossil fuel 

11 storage units. 

12 ‘‘(B) EXCLUSIONS.—Unless otherwise de13 termined by the Secretary under section 

14 325(e)(7)(B), the term ‘water heater’ does not 

15 include— 

16 ‘‘(i) electric storage type units de17 scribed in subparagraph (A)(i)(III) that— 

18 ‘‘(I) are designed and marketed 

19 exclusively for commercial building 

20 applications; and 

21 ‘‘(II)(aa) are designed, con22 structed, inspected, tested, and 

23 stamped in accordance with Section 

24 IV, Part HLW, or Section X of the 

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1 mulgated by the American Society of 

2 Mechanical Engineers; 

3 ‘‘(bb) exclusively use 3-phase 

4 electricity, are designed and mar5 keted to provide outlet hot water 

6 at a thermostatically controlled 

7 temperature of 180 degrees 

8 Fahrenheit or greater, and oper9 ate only at rated voltages of not 

10 less than 208 volts; or 

11 ‘‘(cc) exclusively use single12 phase electricity, are designed 

13 and marketed to provide outlet 

14 hot water at a thermostatically 

15 controlled temperature of 180 de16 grees Fahrenheit or greater, and 

17 operate only at a rated voltage of 

18 277 volts; or 

19 ‘‘(ii) gas storage type units described 

20 in subparagraph (A)(i)(I) that— 

21 ‘‘(I) are designed and marketed 

22 exclusively for commercial building 

23 applications; and 

24 ‘‘(II) are designed, constructed, 

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1 cordance with Section IV, Part HLW, 

2 of the Boiler and Pressure Vessel 

3 Code promulgated by the American 

4 Society of Mechanical Engineers. 

5 ‘‘(C) MULTI-INPUT ELECTRIC STORAGE

6 WATER HEATER.—The term ‘multi-input elec7 tric storage water heater’ means a product 

8 that— 

9 ‘‘(i) is not a heat pump type unit de10 scribed in subparagraph (A)(iii); and 

11 ‘‘(ii) is designed, marketed, or shipped 

12 from the manufacturer with a capability of 

13 operating or being configured to operate at 

14 inputs greater than, equal to, or below 12 

15 kilowatts. 

16 ‘‘(D) SOLAR THERMAL-ASSISTED ELECTRIC

17 STORAGE UNIT.—The term ‘solar thermal-as18 sisted electric storage unit’ means a unit that— 

19 ‘‘(i) has an input of 12 kilowatts or 

20 less; 

21 ‘‘(ii) has at least 2 dedicated ports in 

22 addition to the ports used for introduction 

23 and delivery of potable water for the sup24 ply and return of water or a heat transfer 

25 fluid heated externally by solar panels; 


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1 ‘‘(iii) does not have electric resistance 

2 heating elements located in the lower half 

3 of the storage tank; 

4 ‘‘(iv) has the temperature sensing de5 vice that controls the auxiliary electric heat 

6 source located in the upper half of the 

7 storage tank; and 

8 ‘‘(v) has a ratio of less than 0.70 for 

9 the proportion that the certified first hour 

10 rating bears to the nominal volume of the 

11 storage tank.’’. 

12 (b) STANDARDS FOR WATER HEATERS.—Section 

13 325(e) of the Energy Policy and Conservation Act (42 

14 U.S.C. 6295(e)) is amended by adding at the end the fol15 lowing: 

16 ‘‘(7) EXEMPTED WATER HEATERS.— 

17 ‘‘(A) DEFINITION OF EXEMPTED WATER

18 HEATER.—In this paragraph, the term ‘exempt19 ed water heater’ means a water heater de20 scribed in section 321(27)(B). 

21 ‘‘(B) MONITORING OF SHIPMENTS.— 

22 ‘‘(i) SUBMISSION OF DATA.—Not later 

23 than 90 days after the date of enactment 

24 of this paragraph, and not later than May 

25 1 of each year thereafter, the Secretary 


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1 shall require each manufacturer of water 

2 heaters to report to the Secretary the 

3 quantity of exempted water heaters, in 

4 each category of exempted water heaters, 

5 that the manufacturer shipped in the pre6 ceding calendar year. 

7 ‘‘(ii) CONFIDENTIALITY REQUIRE8 MENTS.—The Secretary shall treat ship9 ment data reported by manufacturers 

10 under clause (i) as confidential business in11 formation subject to appropriate confiden12 tial data safeguards. 

13 ‘‘(iii) PUBLICATION.— 

14 ‘‘(I) BASELINE SHIPMENT

15 DATA.—Not later than 120 days after 

16 the date of enactment of this para17 graph, the Secretary shall publish an 

18 analysis of the data collected under 

19 clause (i) for public comment, subject 

20 to applicable confidentiality safe21 guards, which shall serve as the base22 line data for the analysis described in 

23 subclause (II)(bb). 

24 ‘‘(II) PERCENTAGE GROWTH

25 FROM BASELINE.—Not later than 


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1 June 1 of each year after the year in 

2 which the Secretary publishes data 

3 under subclause (I), the Secretary 

4 shall publish— 

5 ‘‘(aa) an analysis of the data 

6 collected under clause (i) for pub7 lic comment, subject to applicable 

8 confidentiality safeguards; 

9 ‘‘(bb) the percentage growth 

10 in the number of shipments with11 in each category of exempted 

12 water heater relative to the base13 line data described in subclause 

14 (I); and 

15 ‘‘(cc) the determination of 

16 the Secretary as to whether the 

17 number of shipments for any cat18 egory of exempted water heater 

19 have increased by more than 25 

20 percent compared to the baseline 

21 data for that category. 

22 ‘‘(C) INCLUSION OF EXEMPTED WATER

23 HEATERS.— 

24 ‘‘(i) IN GENERAL.—The Secretary 

25 shall, by regulation, revise the definition of 


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1 water heater under section 321(27) to in2 clude an exempted water heater under sub3 paragraph (A) of that section if the Sec4 retary makes an affirmative determination 

5 under subparagraph (B)(iii)(II)(cc) for 

6 that category of exempted water heater. 

7 ‘‘(ii) ENERGY CONSERVATION STAND8 ARDS.—Any category of exempted water 

9 heater included in the definition of water 

10 heater under clause (i) shall be required to 

11 meet the energy conservation standards 

12 applicable to an electric or gas storage type 

13 water heater under this part. 

14 ‘‘(iii) EFFECTIVE DATE.—For any 

15 category of exempted water heater, the 

16 Secretary shall carry out clause (i), and re17 quire compliance under clause (ii), not 

18 later than 1 year after the date on which 

19 the Secretary makes the affirmative deter20 mination described in clause (i) for that 

21 category. 

22 ‘‘(8) STANDARDS FOR MULTI-INPUT ELECTRIC

23 STORAGE WATER HEATERS.—A multi-input electric 

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1 cedures, energy conservation standards, labeling (if 

2 applicable), and certification requirements— 

3 ‘‘(A) for electric storage water heaters 

4 under this part; and 

5 ‘‘(B) for storage water heaters under part 

6 C. 

7 ‘‘(9) TECHNOLOGY-NEUTRAL ELECTRIC STOR8 AGE WATER HEATER STANDARDS.—Notwithstanding 

9 any other provision of this Act, the Secretary may 

10 not create separate product classes for heat pump 

11 water heaters and other electric storage water heat12 ers.’’. 

13 (c) DEFINITION OF COMMERCIAL WATER HEATER.— 

14 Section 340 of the Energy Policy and Conservation Act 

15 (42 U.S.C. 6311) is amended by striking paragraph (12) 

16 and inserting the following: 

17 ‘‘(12)(A) STORAGE WATER HEATER.— 

18 ‘‘(i) IN GENERAL.—The term ‘storage 

19 water heater’ means a water heater that— 

20 ‘‘(I) heats and stores water with21 in an appliance at a thermostatically 

22 controlled temperature for delivery on 

23 demand; and 

24 ‘‘(II) is not a water heater de25 scribed in section 321(27)(A). 


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1 ‘‘(ii) EXCLUSION.—The term ‘storage 

2 water heater’ does not include a unit with 

3 an input rating of 4,000 Btu per hour or 

4 more per gallon of stored water. 

5 ‘‘(B) INSTANTANEOUS WATER HEATER.— 

6 The term ‘instantaneous water heater’ means a 

7 water heater that— 

8 ‘‘(i) has an input rating of at least 

9 4,000 Btu per hour per gallon of stored 

10 water; and 

11 ‘‘(ii) is not a water heater described in 

12 section 321(27)(A). 

13 ‘‘(C) UNFIRED HOT WATER STORAGE

14 TANK.—The term ‘unfired hot water storage 

15 tank’ means a tank used to store water that is 

16 heated externally.’’. 

17 (d) LABELING REQUIREMENTS.—Section 344 of the 

18 Energy Policy and Conservation Act (42 U.S.C. 6315) is 

19 amended by adding at the end the following: 

20 ‘‘(l) LABELS FOR CERTAIN COMMERCIAL WATER

21 HEATERS.— 

22 ‘‘(1) IN GENERAL.—Notwithstanding any other 

23 provision of this section, water heaters described in 

24 section 321(27)(B) shall be required to bear a per25 manent label, applied at the point of manufacture, 


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1 that, subject to paragraph (3), satisfies the require2 ments described in paragraph (2). 

3 ‘‘(2) REQUIREMENTS.—A label required under 

4 paragraph (1) shall— 

5 ‘‘(A) be made of material not adversely af6 fected by water; 

7 ‘‘(B) be attached by means of nonwater8 soluble adhesive; and 

9 ‘‘(C) bear the following notice printed in 

10 16.5 point Arial Narrow Bold font: ‘IMPOR11 TANT INFORMATION: Exclusively intended 

12 for commercial installations. This model is not 

13 certified by the U.S. Department of Energy as 

14 a residential water heater. This model does not 

15 have a certified First Hour or UEF rating.’. 

16 ‘‘(3) REVISION UPON PETITION.—On receipt of 

17 a petition by an interested party, the Secretary may 

18 conduct a rulemaking to revise the scope and re19 quirements of the label required under paragraph 

20 (1).’’. 

21 (e) EFFECTIVE DATE.—This section and the amend22 ments made by this section shall take effect 180 days after 

23 the date of enactment of this Act. 


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1 SEC. 1807. REBATE PROGRAM FOR ENERGY EFFICIENT 

2 ELECTROTECHNOLOGIES. 

3 (a) DEFINITIONS.—In this section: 

4 (1) ENERGY EFFICIENT

5 ELECTROTECHNOLOGY.—The term ‘‘energy efficient 

6 electrotechnology’’ means— 

7 (A) any electric technology that, when used 

8 instead of a fossil fuel-fired technology in an in9 dustrial process results in— 

10 (i) energy efficiency, or production ef11 ficiency, gains; or 

12 (ii) environmental benefits; or 

13 (B) any electric technology that, when used 

14 instead of a fossil fuel-fired technology in an in15 dustrial application results in— 

16 (i) improvements in on-site logistics or 

17 material handling; and 

18 (ii) energy efficiency gains and envi19 ronmental benefits. 

20 (2) QUALIFIED ENTITY.—The term ‘‘qualified 

21 entity’’ means an industrial or manufacturing facil22 ity, commercial building, or a utility or energy serv23 ice company. 

24 (3) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of Energy. 


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1 (b) ESTABLISHMENT.—Not later than 90 days after 

2 the date of enactment of this Act, the Secretary shall es3 tablish a program to provide rebates in accordance with 

4 this section. 

5 (c) REBATES.—The Secretary may provide a rebate 

6 under the program established under subsection (b) to the 

7 owner or operator of a qualified entity for expenditures 

8 made by the owner or operator of the qualified entity for 

9 an energy efficient electrotechnology that is used to re10 place a fossil fuel-fired technology. 

11 (d) REQUIREMENTS.—To be eligible to receive a re12 bate under this section, the owner or operator of a quali13 fied entity shall submit to the Secretary an application 

14 demonstrating— 

15 (1) that the owner or operator of the qualified 

16 entity purchased an energy efficient 

17 electrotechnology; 

18 (2) the energy efficiency gains, production effi19 ciency gains, and environmental benefits, as applica20 ble, resulting from use of the energy efficient 

21 electrotechnology— 

22 (A) as measured by a qualified professional 

23 or verified by the energy efficient 

24 electrotechnology manufacturer, as applicable; 

25 or 


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1 (B) as determined by the Secretary; 

2 (3) that the fossil fuel-fired technology replaced 

3 by the energy efficient electrotechnology has been 

4 permanently decommissioned and scrapped; and 

5 (4) that all laborers and mechanics who were 

6 involved in the installation or maintenance, or con7 struction or renovation to support such installation 

8 or maintenance, of the energy efficient 

9 electrotechnology, or the decommissioning and scrap10 ping of the fossil fuel-fired technology replaced by 

11 the energy efficient electrotechnology, and who were 

12 employed by the owner or operator of the qualified 

13 entity, or contractors or subcontractors at any tier 

14 thereof, were paid wages at rates not less than those 

15 prevailing on projects of a character similar in the 

16 locality as determined by the Secretary of Labor in 

17 accordance with subchapter IV of chapter 31 of title 

18 40, United States Code (commonly referred to as 

19 the ‘‘Davis-Bacon Act’’). 

20 (e) LIMITATION.—The Secretary may not provide a 

21 rebate under the program established under subsection (b) 

22 to an owner or operator of a qualified entity for expendi23 tures made by the owner or operator of the qualified entity 

24 for an energy efficient electrotechnology that is used to 

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1 mines that such expenditures were necessary for the owner 

2 or operator to comply with Federal or State law. 

3 (f) AUTHORIZED AMOUNT OF REBATE.—The amount 

4 of a rebate provided under this section shall be not less 

5 than 30 percent, and not more than 50 percent, of the 

6 overall cost of the energy efficient electrotechnology, in7 cluding installation costs. 

8 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to carry out this section 

10 $100,000,000 for each of fiscal years 2021 through 2025. 

11 SEC. 1808. REMOVING BARRIERS TO EFFICIENCY. 

12 (a) IN GENERAL.—Section 327 of the Energy Policy 

13 and Conservation Act (42 U.S.C. 6297) is amended by 

14 adding at the end the following: 

15 ‘‘(h) SUSPENSION OF PREEMPTION.—This section 

16 shall not apply to a covered product during any period 

17 that— 

18 ‘‘(1) begins on the date that is 8 years after the 

19 date on which the energy conservation standard was 

20 established under section 325 for the covered prod21 uct; and 

22 ‘‘(2) ends on the effective date of an energy 

23 conservation standard established after the date de24 scribed in paragraph (1) under section 325 for the 

25 covered product, that is equivalent to, or more strinVerDate Sep 11 2014 00:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.RFS H4447

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1 gent than, the standard described in such para2 graph. 

3 ‘‘(i) NO PREEMPTION ABSENT A FEDERAL STAND4 ARD.— 

5 ‘‘(1) APPLICATION.—Notwithstanding any other 

6 provision of this part, this section does not apply to 

7 any State regulation insofar as the State regulation 

8 applies to any product not subject to an energy con9 servation standard established under section 325. 

10 ‘‘(2) COMPLIANCE PERIOD.—Any State regula11 tion prescribed or enacted for a covered product be12 fore the date on which an energy conservation stand13 ard is established under section 325 for the covered 

14 product shall not be preempted until the effective 

15 date of an equivalent or more stringent energy con16 servation standard under section 325 for the covered 

17 product.’’. 

18 (b) ASHRAE PRODUCTS.—Section 345(b)(2) of the 

19 Energy Policy and Conservation Act (42 U.S.C. 

20 6316(b)(2)) is amended by adding at the end the fol21 lowing: 

22 ‘‘(E) Notwithstanding subparagraph (A), a standard 

23 prescribed or established under section 342(a) shall not 

24 supersede any State or local regulation concerning the en25 ergy efficiency or energy use of a product for which a 


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1 standard is prescribed or established pursuant to such sec2 tion during any period that— 

3 ‘‘(i) begins on the date that is 8 years after the 

4 date on which such standard was prescribed or es5 tablished; and 

6 ‘‘(ii) ends on the effective date of a standard 

7 prescribed or established after the date described in 

8 clause (i) under section 342(a) for the product, that 

9 is equivalent to, or more stringent than, the stand10 ard described in such clause.’’. 

11 SEC. 1809. HOME WILDFIRE RISK REDUCTION REBATE PRO12 GRAM. 

13 (a) IN GENERAL.—The Secretary of Energy shall es14 tablish a program, to be known as the ‘‘Home Wildfire 

15 Risk Reduction Rebate Program’’, to provide rebates to 

16 homeowners to defray the costs of retrofitting an existing 

17 home to be wildfire-resistant. 

18 (b) AMOUNT OF REBATE.—In carrying out the Home 

19 Wildfire Risk Reduction Rebate Program, the Secretary 

20 shall provide a homeowner a rebate of up to— 

21 (1) $10,000 for the retrofitting of roof features, 

22 including the roof covering, vents, soffit and fascia, 

23 and gutters, to be wildfire-resistant; 


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1 (2) $20,000 for the retrofitting of exterior wall 

2 features, including sheathing and siding, doors, and 

3 windows, to be wildfire-resistant; 

4 (3) $5,000 for the retrofitting of a deck, includ5 ing the decking, framing, and fascia, to be wildfire6 resistant; and 

7 (4) $1,500 for the retrofitting of near-home 

8 landscaping, including mulch and landscape fabric in 

9 a 5-foot zone immediately around the home and 

10 under all attached decks, to be wildfire-resistant. 

11 (c) INCLUSION.—For purposes of this section, the 

12 cost of a retrofit shall include all costs associated with the 

13 retrofit, including the purchase and installation of wild14 fire-resistant products and components. 

15 (d) LIMITATION.—The amount of the rebate under 

16 this section shall not exceed 50 percent of the cost of the 

17 retrofit. 

18 (e) PROCESS.— 

19 (1) FORMS; REBATE PROCESSING SYSTEM.— 

20 Not later than 90 days after the date of enactment 

21 of this Act, the Secretary, in consultation with the 

22 Secretary of the Treasury, shall— 

23 (A) develop and make available rebate 

24 forms required to receive a rebate under this 

25 section; 


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1 (B) establish a Federal rebate processing 

2 system which shall serve as a database and in3 formation technology system that will allow 

4 homeowners to submit required rebate forms; 

5 and 

6 (C) establish a website that provides infor7 mation on rebates provided under this section, 

8 including how to determine whether particular 

9 measures qualify for a rebate under this section 

10 and how to receive such a rebate. 

11 (2) SUBMISSION OF FORMS.—In order to re12 ceive a rebate under this section, a homeowner shall 

13 submit the required rebate forms, and any other in14 formation the Secretary determines appropriate, to 

15 the Federal rebate processing system established 

16 under paragraph (1). 

17 (f) MODERATE-INCOME HOUSEHOLDS.— 

18 (1) CERTIFICATIONS.—The Secretary shall es19 tablish procedures for certifying that the household 

20 of a homeowner is moderate-income for purposes of 

21 this section. 

22 (2) LIMITATION FOR MODERATE INCOME

23 HOUSEHOLDS.—Notwithstanding subsection (d), for 

24 households of homeowners that are certified pursu25 ant to the procedures established under paragraph 


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1 (1) as moderate-income, the amount of the rebate 

2 under this section shall not exceed 80 percent of the 

3 cost of the retrofit. 

4 (3) OUTREACH.—The Secretary shall establish 

5 procedures to— 

6 (A) provide information to households of 

7 homeowners that are certified pursuant to the 

8 procedures established under paragraph (1) as 

9 moderate-income regarding other programs and 

10 resources relating to assistance for upgrades of 

11 homes, including the weatherization assistance 

12 program implemented under part A of title IV 

13 of the Energy Conservation and Production Act 

14 (42 U.S.C. 6861 et seq.); and 

15 (B) refer such households, as applicable, to 

16 such other programs and resources. 

17 (g) DEFINITION.—In this section, the term ‘‘wildfire18 resistant’’ means meeting or exceeding the specifications 

19 of the International Code Council’s 2018 International 

20 Wildland-Urban Interface Code (IWUIC). 

21 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $500,000,000 for each of fiscal years 2021 through 2025. 


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1 TITLE II—RENEWABLE ENERGY 

2 Subtitle A—Energy Storage 

3 PART 1—CONSIDERATION OF ENERGY STORAGE 

4 SYSTEMS 

5 SEC. 2101. CONSIDERATION OF ENERGY STORAGE SYS6 TEMS. 

7 (a) IN GENERAL.—Section 111(d) of the Public Util8 ity Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) 

9 is amended by adding at the end the following: 

10 ‘‘(20) CONSIDERATION OF ENERGY STORAGE

11 SYSTEMS.—Each State shall consider requiring that, 

12 as part of a supply side resource planning process, 

13 an electric utility of the State demonstrate to the 

14 State that the electric utility considered an invest15 ment in energy storage systems based on appro16 priate factors, including— 

17 ‘‘(A) total costs and normalized life cycle 

18 costs; 

19 ‘‘(B) cost effectiveness; 

20 ‘‘(C) improved reliability; 

21 ‘‘(D) security; and 

22 ‘‘(E) system performance and efficiency.’’. 

23 (b) TIME LIMITATIONS.—Section 112(b) of the Pub24 lic Utility Regulatory Policies Act of 1978 (16 U.S.C. 

25 2622(b)) is amended by adding at the end the following: 


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1 ‘‘(7)(A) Not later than 1 year after the date of 

2 enactment of this paragraph, each State regulatory 

3 authority (with respect to each electric utility for 

4 which the State regulatory authority has ratemaking 

5 authority) and each nonregulated electric utility 

6 shall commence the consideration referred to in sec7 tion 111, or set a hearing date for consideration, 

8 with respect to the standard established by para9 graph (20) of section 111(d). 

10 ‘‘(B) Not later than 2 years after the date of 

11 enactment of this paragraph, each State regulatory 

12 authority (with respect to each electric utility for 

13 which the State regulatory authority has ratemaking 

14 authority), and each nonregulated electric utility, 

15 shall complete the consideration, and shall make the 

16 determination, referred to in section 111 with re17 spect to the standard established by paragraph (20) 

18 of section 111(d).’’. 

19 (c) FAILURE TO COMPLY.—Section 112(c) of the 

20 Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 

21 2622(c)) is amended by adding at the end the following: 

22 ‘‘In the case of the standard established by paragraph (20) 

23 of section 111(d), the reference contained in this sub24 section to the date of enactment of this Act shall be 


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1 deemed to be a reference to the date of enactment of such 

2 paragraph (20).’’. 

3 (d) PRIOR STATE ACTIONS.—Section 112 of the Pub4 lic Utility Regulatory Policies Act of 1978 (16 U.S.C. 

5 2622) is amended by adding at the end the following: 

6 ‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) and 

7 (c) of this section shall not apply to the standard estab8 lished by paragraph (20) of section 111(d) in the case of 

9 any electric utility in a State if, before the enactment of 

10 this subsection— 

11 ‘‘(1) the State has implemented for such utility 

12 the standard concerned (or a comparable standard); 

13 ‘‘(2) the State regulatory authority for such 

14 State or relevant nonregulated electric utility has 

15 conducted a proceeding to consider implementation 

16 of the standard concerned (or a comparable stand17 ard) for such utility; or 

18 ‘‘(3) the State legislature has voted on the im19 plementation of such standard (or a comparable 

20 standard) for such utility.’’. 

21 (e) PRIOR AND PENDING PROCEEDINGS.—Section 

22 124 of the Public Utility Regulatory Policies Act of 1978 

23 (16 U.S.C. 2634) is amended by adding at the end the 

24 following: ‘‘In the case of the standard established by 

25 paragraph (20) of section 111(d), the reference contained 


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1 in this section to the date of the enactment of this Act 

2 shall be deemed to be a reference to the date of enactment 

3 of such paragraph (20).’’. 

4 SEC. 2102. COORDINATION OF PROGRAMS. 

5 To the maximum extent practicable, the Secretary of 

6 Energy shall ensure that the funding and administration 

7 of the different offices within the Grid Modernization Ini8 tiative of the Department of Energy and other programs 

9 conducting energy storage research are coordinated and 

10 streamlined. 

11 PART 2—ENERGY STORAGE AND MICROGRID 

12 PROJECTS 

13 SEC. 2121. DEFINITIONS. 

14 (a) DEFINITIONS.—In this part: 

15 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti16 ty’’ means— 

17 (A) a rural electric cooperative; or 

18 (B) a nonprofit organization working with 

19 at least 6 rural electric cooperatives. 

20 (2) ENERGY STORAGE.—The term ‘‘energy 

21 storage’’ means the use of equipment or facilities re22 lating to the electric grid that are capable of absorb23 ing and converting energy, as applicable, storing the 

24 energy for a period of time, and dispatching the en25 ergy, that— 


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1 (A) use mechanical, electrochemical, bio2 chemical, or thermal processes, to convert and 

3 store energy that was generated at an earlier 

4 time for use at a later time; 

5 (B) use mechanical, electrochemical, bio6 chemical, or thermal processes to convert and 

7 store energy generated from mechanical proc8 esses that would otherwise be wasted for deliv9 ery at a later time; or 

10 (C) convert and store energy in an electric, 

11 thermal, or gaseous state for consumption at a 

12 later time in a manner that avoids the need to 

13 use electricity or other fuel sources at that later 

14 time, as is offered by grid-enabled water heat15 ers, building heaters or coolers, electric vehicles, 

16 mini-pumped hydroelectric facilities, electrolysis 

17 processes that make hydrogen for transpor18 tation or industrial needs, or any other load 

19 shaping mechanism that includes energy stor20 age. 

21 (3) ISLAND.—The term ‘‘island mode’’ means a 

22 mode in which a distributed generator or energy 

23 storage device continues to power a location in the 

24 absence of electric power from the primary source. 


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1 (4) MICROGRID.—The term ‘‘microgrid’’ means 

2 an interconnected system of loads and distributed 

3 energy resources, including generators and energy 

4 storage devices, within clearly defined electrical 

5 boundaries that— 

6 (A) acts as a single controllable entity with 

7 respect to the electric grid; and 

8 (B) can connect to, and disconnect from, 

9 the electric grid to operate in both grid-con10 nected mode and island mode. 

11 (5) RENEWABLE ENERGY SOURCE.—The term 

12 ‘‘renewable energy source’’ has the meaning given 

13 the term in section 609(a) of the Public Utility Reg14 ulatory Policies Act of 1978 (7 U.S.C. 918c(a)). 

15 (6) RURAL ELECTRIC COOPERATIVE.—The term 

16 ‘‘rural electric cooperative’’ means an electric coop17 erative (as defined in section 3 of the Federal Power 

18 Act (16 U.S.C. 796)) that sells electric energy to 

19 persons in rural areas. 

20 (7) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Energy. 


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1 SEC. 2122. ENERGY STORAGE AND MICROGRID ASSISTANCE 

2 PROGRAM. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of enactment of this Act, the Secretary shall establish 

5 a program under which the Secretary shall— 

6 (1) provide grants to eligible entities under sub7 section (c); 

8 (2) provide technical assistance to eligible enti9 ties under subsection (d); and 

10 (3) disseminate information to eligible entities 

11 on— 

12 (A) the activities described in subsections 

13 (c)(1) and (d); and 

14 (B) potential and existing energy storage 

15 and microgrid projects. 

16 (b) COOPERATIVE AGREEMENT.—The Secretary may 

17 enter into a cooperative agreement with an eligible entity 

18 to carry out subsection (a). 

19 (c) GRANTS.— 

20 (1) IN GENERAL.—The Secretary shall award 

21 grants to eligible entities for identifying, evaluating, 

22 designing, and demonstrating energy storage and 

23 microgrid projects that utilize energy from renewable 

24 energy sources. 

25 (2) APPLICATION.—To be eligible to receive a 

26 grant under paragraph (1), an eligible entity shall 


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1 submit to the Secretary an application at such time, 

2 in such manner, and containing such information as 

3 the Secretary may require. 

4 (3) USE OF GRANT.—An eligible entity that re5 ceives a grant under paragraph (1)— 

6 (A) shall use the grant— 

7 (i) to conduct feasibility studies to as8 sess the potential for implementation or 

9 improvement of energy storage or 

10 microgrid projects; 

11 (ii) to analyze and implement strate12 gies to overcome barriers to energy storage 

13 or microgrid project implementation, in14 cluding financial, contracting, siting, and 

15 permitting barriers; 

16 (iii) to conduct detailed engineering of 

17 energy storage or microgrid projects; 

18 (iv) to perform a cost-benefit analysis 

19 with respect to an energy storage or 

20 microgrid project; 

21 (v) to plan for both the short- and 

22 long-term inclusion of energy storage or 

23 microgrid projects into the future develop24 ment plans of the eligible entity; or 


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1 (vi) to purchase and install necessary 

2 equipment, materials, and supplies for 

3 demonstration of emerging technologies; 

4 and 

5 (B) may use the grant to obtain technical 

6 assistance from experts in carrying out the ac7 tivities described in subparagraph (A). 

8 (4) CONDITION.—As a condition of receiving a 

9 grant under paragraph (1), an eligible entity shall— 

10 (A) implement a public awareness cam11 paign, in coordination with the Secretary, about 

12 the project implemented under the grant in the 

13 community in which the eligible entity is lo14 cated, which campaign shall include providing 

15 projected environmental benefits achieved under 

16 the project, where to find more information 

17 about the program established under this sec18 tion, and any other information the Secretary 

19 determines necessary; 

20 (B) submit to the Secretary, and make 

21 available to the public, a report that de22 scribes— 

23 (i) any energy cost savings and envi24 ronmental benefits achieved under the 

25 project; and 


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1 (ii) the results of the project, includ2 ing quantitative assessments to the extent 

3 practicable, associated with each activity 

4 described in paragraph (3)(A); and 

5 (C) create and disseminate tools and re6 sources that will benefit other rural electric co7 operatives, which may include cost calculators, 

8 guidebooks, handbooks, templates, and training 

9 courses. 

10 (5) COST-SHARE.—Activities under this sub11 section shall be subject to the cost-sharing require12 ments of section 988 of the Energy Policy Act of 

13 2005 (42 U.S.C. 16352). 

14 (d) TECHNICAL ASSISTANCE.— 

15 (1) IN GENERAL.—In carrying out the program 

16 established under subsection (a), the Secretary shall 

17 provide eligible entities with technical assistance re18 lating to— 

19 (A) identifying opportunities for energy 

20 storage and microgrid projects; 

21 (B) understanding the technical and eco22 nomic characteristics of energy storage or 

23 microgrid projects; 

24 (C) understanding financing alternatives; 

25 (D) permitting and siting issues; 


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1 (E) obtaining case studies of similar and 

2 successful energy storage or microgrid projects; 

3 (F) reviewing and obtaining computer soft4 ware for assessment, design, and operation and 

5 maintenance of energy storage or microgrid sys6 tems; and 

7 (G) understanding and utilizing the reli8 ability and resiliency benefits of energy storage 

9 and microgrid projects. 

10 (2) EXTERNAL CONTRACTS.—In carrying out 

11 paragraph (1), the Secretary may enter into con12 tracts with third-party experts, including engineer13 ing, finance, and insurance experts, to provide tech14 nical assistance to eligible entities relating to the ac15 tivities described in such paragraph, or other rel16 evant activities, as determined by the Secretary. 

17 SEC. 2123. AUTHORIZATION OF APPROPRIATIONS. 

18 (a) IN GENERAL.—There is authorized to be appro19 priated to carry out this part $5,000,000 for each of fiscal 

20 years 2021 through 2025. 

21 (b) ADMINISTRATIVE COSTS.—Not more than 5 per22 cent of the amount appropriated under subsection (a) for 

23 each fiscal year shall be used for administrative expenses. 


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1 Subtitle B—Dam Safety 

2 SEC. 2201. HYDROELECTRIC PRODUCTION INCENTIVES 

3 AND EFFICIENCY IMPROVEMENTS. 

4 (a) HYDROELECTRIC PRODUCTION INCENTIVES.— 

5 Section 242 of the Energy Policy Act of 2005 (42 U.S.C. 

6 15881) is amended— 

7 (1) in subsection (b), by striking paragraph (1) 

8 and inserting the following: 

9 ‘‘(1) QUALIFIED HYDROELECTRIC FACILITY.— 

10 The term ‘qualified hydroelectric facility’ means a 

11 turbine or other generating device owned or solely 

12 operated by a non-Federal entity— 

13 ‘‘(A) that generates hydroelectric energy 

14 for sale; and 

15 ‘‘(B)(i) that is added to an existing dam or 

16 conduit; or 

17 ‘‘(ii)(I) that has a generating capacity of 

18 not more than 10 megawatts; 

19 ‘‘(II) for which the non-Federal entity has 

20 received a construction authorization from the 

21 Federal Energy Regulatory Commission, if ap22 plicable; and 

23 ‘‘(III) that is constructed in a region in 

24 which there is inadequate electric service, as de25 termined by the Secretary.’’; 


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1 (2) in subsection (c), by striking ‘‘10’’ and in2 serting ‘‘22’’; 

3 (3) in subsection (e)(2), by striking ‘‘section 

4 29(d)(2)(B)’’ and inserting ‘‘section 45K(d)(2)(B)’’; 

5 (4) in subsection (f), by striking ‘‘20’’ and in6 serting ‘‘32’’; and 

7 (5) in subsection (g), by striking ‘‘each of the 

8 fiscal years 2006 through 2015’’ and inserting ‘‘each 

9 of fiscal years 2019 through 2036’’. 

10 (b) HYDROELECTRIC EFFICIENCY IMPROVEMENT.— 

11 Section 243(c) of the Energy Policy Act of 2005 (42 

12 U.S.C. 15882(c)) is amended by striking ‘‘each of the fis13 cal years 2006 through 2015’’ and inserting ‘‘each of fis14 cal years 2019 through 2036’’. 

15 SEC. 2202. FERC BRIEFING ON EDENVILLE DAM AND SAN16 FORD DAM FAILURES. 

17 Not later than 90 days after the date on which the 

18 Forensic Investigation Team submits to the Federal En19 ergy Regulatory Commission the reports on the root 

20 causes, and any other contributing causes, of the Edenville 

21 Dam and Sanford Dam failures, the Federal Energy Reg22 ulatory Commission shall conduct a briefing for, and sub23 mit a report summarizing such briefing to, the Committee 

24 on Energy and Commerce of the House of Representatives 

25 that includes— 


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1 (1) an explanation of the findings of the Foren2 sic Investigation Team reports on the root causes, 

3 and any other contributing causes, of the Edenville 

4 Dam and Sanford Dam failures; 

5 (2) a determination of whether the dam safety 

6 procedures of the Federal Energy Regulatory Com7 mission should be revised in light of the lessons 

8 learned from such reports; 

9 (3) a determination of whether additional safety 

10 inspections of dams should be required after large 

11 storms; 

12 (4) a determination of whether the safety re13 quirements and testing protocols for dams ade14 quately account for the projected effects of climate 

15 change and atmospheric rivers on dams; and 

16 (5) a determination of whether additional ac17 tions should be taken to ensure the safety of dams 

18 that operate without an emergency spillway. 

19 SEC. 2203. DAM SAFETY CONDITIONS. 

20 Section 10 of the Federal Power Act (16 U.S.C. 803) 

21 is amended by adding at the end the following: 

22 ‘‘(k) That the dam and other project works meet the 

23 Commission’s dam safety requirements and that the li24 censee shall continue to manage, operate, and maintain 

25 the dam and other project works in a manner that ensures 


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1 dam safety and public safety under the operating condi2 tions of the license.’’. 

3 SEC. 2204. DAM SAFETY REQUIREMENTS. 

4 Section 15 of the Federal Power Act (16 U.S.C. 808) 

5 is amended by adding at the end the following: 

6 ‘‘(g) The Commission may issue a new license under 

7 this section only if the Commission determines that the 

8 dam and other project works covered by the license meet 

9 the Commission’s dam safety requirements and that the 

10 licensee can continue to manage, operate, and maintain 

11 the dam and other project works in a manner that ensures 

12 dam safety and public safety under the operating condi13 tions of the new license.’’. 

14 SEC. 2205. VIABILITY PROCEDURES. 

15 The Federal Energy Regulatory Commission shall es16 tablish procedures to assess the financial viability of an 

17 applicant for a license under the Federal Power Act to 

18 meet applicable dam safety requirements and to operate 

19 the dam and project works under the license. 

20 SEC. 2206. FERC DAM SAFETY TECHNICAL CONFERENCE 

21 WITH STATES. 

22 (a) TECHNICAL CONFERENCE.—Not later than April 

23 1, 2021, the Federal Energy Regulatory Commission, act24 ing through the Office of Energy Projects, shall hold a 


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1 technical conference with the States to discuss and provide 

2 information on— 

3 (1) dam maintenance and repair; 

4 (2) Risk Informed Decision Making (RIDM); 

5 (3) climate and hydrological regional changes 

6 that may affect the structural integrity of dams; and 

7 (4) high hazard dams. 

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to carry out this section 

10 $1,000,000 for fiscal year 2021. 

11 (c) STATE DEFINED.—In this section, the term 

12 ‘‘State’’ has the meaning given such term in section 3 of 

13 the Federal Power Act (16 U.S.C. 796). 

14 SEC. 2207. REQUIRED DAM SAFETY COMMUNICATIONS BE15 TWEEN FERC AND STATES. 

16 (a) IN GENERAL.—The Commission, acting through 

17 the Office of Energy Projects, shall notify a State within 

18 which a project is located when— 

19 (1) the Commission issues a finding, following 

20 a dam safety inspection, that requires the licensee 

21 for such project to take actions to repair the dam 

22 and other project works that are the subject of such 

23 finding; 

24 (2) after a period of 5 years starting on the 

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1 censee has failed to take actions to repair the dam 

2 and other project works, as required by such finding; 

3 and 

4 (3) the Commission initiates a non-compliance 

5 proceeding or otherwise takes steps to revoke a li6 cense issued under section 4 of the Federal Power 

7 Act (16 U.S.C. 797) due to the failure of a licensee 

8 to take actions to repair a dam and other project 

9 works. 

10 (b) NOTICE UPON REVOCATION, SURRENDER, OR IM11 PLIED SURRENDER OF A LICENSE.—If the Commission 

12 issues an order to revoke a license or approve the sur13 render or implied surrender of a license under the Federal 

14 Power Act (16 U.S.C. 792 et seq.), the Commission shall 

15 provide to the State within which the project that relates 

16 to such license is located— 

17 (1) all records pertaining to the structure and 

18 operation of the applicable dam and other project 

19 works, including, as applicable, any dam safety in20 spection reports by independent consultants, speci21 fications for required repairs or maintenance of such 

22 dam and other project works that have not been 

23 completed, and estimates of the costs for such re24 pairs or maintenance; 


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1 (2) all records documenting the history of main2 tenance or repair work for the applicable dam and 

3 other project works; 

4 (3) information on the age of the dam and 

5 other project works and the hazard classification of 

6 the dam and other project works; 

7 (4) the most recent assessment of the condition 

8 of the dam and other project works by the Commis9 sion; 

10 (5) as applicable, the most recent hydrologic in11 formation used to determine the potential maximum 

12 flood for the dam and other project works; and 

13 (6) the results of the most recent risk assess14 ment completed on the dam and other project works. 

15 (c) DEFINITION.—In this section: 

16 (1) COMMISSION.—The term ‘‘Commission’’ 

17 means the Federal Energy Regulatory Commission. 

18 (2) LICENSEE.—The term ‘‘licensee’’ has the 

19 meaning given such term in section 3 of the Federal 

20 Power Act (16 U.S.C. 796). 

21 (3) PROJECT.—The term ‘‘project’’ has the 

22 meaning given such term in section 3 of the Federal 

23 Power Act (16 U.S.C. 796). 


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1 SEC. 2208. KLAMATH HYDROELECTRIC SETTLEMENT 

2 AGREEMENT TRIBAL FAIRNESS. 

3 (a) DEFINITIONS.—In this section: 

4 (1) FACILITY.—The term ‘‘facility’’ means 1 or 

5 more of the following hydropower facilities (includ6 ing appurtenant works licensed to PacifiCorp) within 

7 the jurisdictional boundary of the Klamath Hydro8 electric Project, FERC Project No. 2082 (as appli9 cable): 

10 (A) Iron Gate Dam. 

11 (B) Copco No. 1 Dam. 

12 (C) Copco No. 2 Dam. 

13 (D) J.C. Boyle Dam. 

14 (2) COMMISSION.—The term ‘‘Commission’’ 

15 means the Federal Energy Regulatory Commission. 

16 (3) HARMED INDIAN TRIBES.—The term 

17 ‘‘harmed Indian Tribes’’ means— 

18 (A) the Klamath Tribes; and 

19 (B) such other Indian Tribes that are lo20 cated downstream of the Klamath Hydroelectric 

21 Project. 

22 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

23 has the meaning given the term ‘‘Indian tribe’’ in 

24 section 4 of the Indian Self-Determination and Edu25 cation Assistance Act (25 U.S.C. 5304). 


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1 (5) LICENSEE.—The term ‘‘licensee’’ means the 

2 owner and licensee of the facility (as of the date of 

3 enactment of this Act). 

4 (b) IN GENERAL.—In light of the specific facts and 

5 circumstances of the Klamath Hydroelectric Settlement 

6 Agreement that anticipated dam removal to commence in 

7 2020, and to mitigate the historic and ongoing damages 

8 caused by the facility to aquatic and Tribal trust re9 sources, the Commission shall not issue any annual license 

10 for the facility under section 15(a)(1) of the Federal 

11 Power Act (16 U.S.C. 808(a)(1)) unless the Commission 

12 has provided harmed Indian Tribes and the States of Cali13 fornia and Oregon the opportunity to recommend terms 

14 and conditions under section 4(e), section 10, and section 

15 18 of the Federal Power Act (16 U.S.C. 797(e), 803, and 

16 811), including any conditions providing for fishways or 

17 fish recovery. 

18 (c) STUDIES.—Upon approval of an annual license 

19 pursuant to subsection (b), the Commission shall require 

20 the licensee to provide to the Commission the following: 

21 (1) A study describing the impacts of the facil22 ity during the previous year on instream flows, water 

23 use, water temperature, and water quality. 

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1 sources, including river fisheries, reservoir fisheries, 

2 anadromous fish, and any marine species listed as a 

3 threatened species or endangered species under the 

4 Endangered Species Act of 1973 (16 U.S.C. 1531 et 

5 seq.) including Southern Resident killer whales 

6 (Orcinus orca). 

7 (3) A study describing the impacts of the facil8 ity during the previous year on sediment transport. 

9 (4) A study forecasting the impacts of climate 

10 change to power generation at the facility. 

11 (5) A certification from the California Depart12 ment of Water Resources, Division of Safety of 

13 Dams, following one or more comprehensive studies 

14 of the stability and safety of the facility that are 

15 funded by the licensee, that each element of the fa16 cility meets all current Federal and State seismic, 

17 stability, and safety standards and that there will be 

18 no significant risk of dam failure during the term of 

19 the license. 

20 (6) A report, to be made publicly available by 

21 the Commission, on the financial status of the facil22 ity, including— 

23 (A) an analysis comparing the cost of 

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1 tributable to the facility during the preceding 

2 year; 

3 (B) a projection of the cost of power gen4 erated at the facility and the revenue attrib5 utable to the facility during the 5-year period 

6 beginning on the date of the license; 

7 (C) an explanation of whether the financial 

8 terms of the Klamath Hydroelectric Settlement 

9 Agreement, as amended, have been met; and 

10 (D) a detailed description of the annual 

11 costs associated with the facility that are passed 

12 through to the ratepayers of the licensee. 

13 (d) EXCEPTION.—The requirements of this section 

14 shall not apply to any entity filing a surrender application 

15 as specified in the Commission’s order relating to the facil16 ity dated July 16, 2020 (172 FERC 61,062). 

17 (e) LEGAL CLAIMS.—Nothing in this section shall be 

18 construed to adversely affect any legal claims of harmed 

19 Indian Tribes, including claims for violations of any Exec20 utive Order pertaining to one or more Indian Tribes, any 

21 treaty between the United States and one or more Indian 

22 Tribes, or for damages caused by the facility under the 

23 Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 

24 or the Marine Mammal Protection Act of 1972 (16 U.S.C. 


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1 1361 et seq.). Such claims shall not be limited by any stat2 ute of limitations. 

3 Subtitle C—Distributed Renewable 

4 Energy 

5 SEC. 2301. DEFINITIONS. 

6 In this subtitle: 

7 (1) AUTHORITY HAVING JURISDICTION.—The 

8 term ‘‘authority having jurisdiction’’ means any 

9 State, county, local, or Tribal office or official with 

10 jurisdiction— 

11 (A) to issue permits; 

12 (B) to conduct inspections to enforce the 

13 requirements of a relevant code or standard; or 

14 (C) to approve the installation of, or the 

15 equipment and materials used in the installa16 tion of, qualifying distributed energy systems. 

17 (2) DISTRIBUTED ENERGY SYSTEM IN18 STALLER.—The term ‘‘distributed energy system in19 staller’’ means an entity or individual— 

20 (A) with knowledge and skills relating to— 

21 (i) the construction and operation of 

22 the equipment used in qualifying distrib23 uted energy systems; and 

24 (ii) the installation of qualifying dis25 tributed energy systems; and 


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1 (B) that has employed safety training to 

2 recognize and avoid the hazards involved in con3 structing, operating, and installing qualifying 

4 distributed energy systems. 

5 (3) QUALIFYING DISTRIBUTED ENERGY SYS6 TEM.—The term ‘‘qualifying distributed energy sys7 tem’’ means any equipment or materials installed in, 

8 on, or near a residential, commercial, or industrial 

9 building to support onsite or local energy use, in10 cluding— 

11 (A) to generate electricity from distributed 

12 renewable energy sources, including from— 

13 (i) solar photovoltaic modules or simi14 lar solar energy technologies; 

15 (ii) wind power systems; and 

16 (iii) hydrogen electrolysis and fuel cell 

17 systems; 

18 (B) to store and discharge electricity from 

19 batteries with a capacity of at least 2 kilowatt 

20 hours; 

21 (C) to charge a plug-in electric drive vehi22 cle at a power rate of at least 2 kilowatts; 

23 (D) to refuel a fuel cell electric vehicle; or 


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1 (E) to generate electricity from fuel cell 

2 systems with a capacity of at least 2 kilowatt 

3 hours. 

4 (4) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Energy. 

6 SEC. 2302. ESTABLISHMENT OF PROGRAM TO FACILITATE 

7 VOLUNTARY STREAMLINED PROCESS FOR 

8 LOCAL PERMITTING OF QUALIFYING DIS9 TRIBUTED ENERGY SYSTEMS. 

10 (a) IN GENERAL.—Not later than 180 days after the 

11 date of enactment of this Act, the Secretary, in consulta12 tion with trade associations and other entities representing 

13 distributed energy system installers and organizations rep14 resenting State, local, and Tribal governments engaged in 

15 permitting, shall establish and carry out a program to es16 tablish a voluntary streamlined permitting process for 

17 local permitting and inspection of qualifying distributed 

18 energy systems, in concert with relevant national con19 sensus-based codes and specifications and standards ref20 erenced therein. 

21 (b) ACTIVITIES OF THE PROGRAM.—In carrying out 

22 the program established under subsection (a), the Sec23 retary shall— 

24 (1) facilitate the development and maintenance 

25 of a streamlined permitting process that includes a 


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1 national online permitting platform for expediting, 

2 standardizing, and streamlining permitting, that au3 thorities having jurisdiction may use to receive, re4 view, and approve permit applications relating to 

5 qualifying distributed energy systems; 

6 (2) establish a model expedited permit-to-build 

7 protocol for qualifying distributed energy systems; 

8 (3) provide technical assistance to authorities 

9 having jurisdiction on using and adopting— 

10 (A) the streamlined permitting process de11 scribed in paragraph (1); and 

12 (B) the model expedited permit-to-build 

13 protocol described in paragraph (2); 

14 (4) develop and maintain a voluntary national 

15 inspection protocol integrated with the national on16 line permitting system described in paragraphs (1) 

17 and (2) and related tools to expedite, standardize, 

18 and streamline the inspection of qualifying distrib19 uted energy systems, including— 

20 (A) by investigating the potential for using 

21 remote inspections; and 

22 (B) by investigating the potential for sam23 ple-based inspection for distributed energy sys24 tem installers with a demonstrated track record 

25 of high-quality work; and 


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1 (5) take any other action to expedite, stand2 ardize, streamline, or improve the process for per3 mitting, inspecting, or interconnecting qualifying 

4 distributed energy systems. 

5 (c) SUPPORT SERVICES.—The Secretary shall— 

6 (1) provide technical assistance to authorities 

7 having jurisdiction, any administrator of a national 

8 online permitting platform, government software 

9 providers, and any other entity determined appro10 priate by the Secretary in carrying out the activities 

11 described in subsection (b); and 

12 (2) provide such financial assistance as the Sec13 retary determines appropriate from any funds appro14 priated to carry out this subtitle. 

15 SEC. 2303. DISTRIBUTED ENERGY OPPORTUNITY COMMU16 NITIES. 

17 (a) IN GENERAL.—The Secretary shall recognize and 

18 certify certain communities as ‘‘Distributed Energy Op19 portunity Communities’’. 

20 (b) QUALIFICATIONS.—The Secretary may certify a 

21 State, local community, or Tribe as a ‘‘Distributed Energy 

22 Opportunity Community’’ if that State, local community, 

23 or Tribe has adopted and implemented the model expe24 dited permit-to-build protocol established under the pro25 gram established under section 2302. 


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1 (c) PROCESS.—The Secretary may confer a certifi2 cation under subsection (a) through existing programs of 

3 the Department of Energy. 

4 (d) GRANTS.—The Secretary may award competitive 

5 grants, using funds appropriated to the Secretary to carry 

6 out this subtitle, to encourage communities to adopt the 

7 model expedited permit-to-build protocol and the stand8 ardized inspection process established under the program 

9 established under section 2302. 

10 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS. 

11 There is authorized to be appropriated to the Sec12 retary to carry out this subtitle $20,000,000 for each of 

13 fiscal years 2021 through 2025. 

14 Subtitle D—Low-Income Solar 

15 SEC. 2401. GRANT PROGRAM FOR SOLAR INSTALLATIONS 

16 LOCATED IN, OR THAT SERVE, LOW-INCOME 

17 AND UNDERSERVED AREAS. 

18 (a) DEFINITIONS.—In this section: 

19 (1) BENEFICIARY.—The term ‘‘beneficiary’’ 

20 means a low-income household or a low-income 

21 household in an underserved area. 

22 (2) COMMUNITY SOLAR FACILITY.—The term 

23 ‘‘community solar facility’’ means a solar generating 

24 facility that— 


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1 (A) through a voluntary program, has mul2 tiple subscribers that receive financial benefits 

3 that are directly attributable to the facility; 

4 (B) has a nameplate rating of 5 megawatts 

5 AC or less; and 

6 (C) is located in the utility distribution 

7 service territory of subscribers. 

8 (3) COMMUNITY SOLAR SUBSCRIPTION.—The 

9 term ‘‘community solar subscription’’ means a share 

10 in the capacity, or a proportional interest in the elec11 tricity generation, of a community solar facility. 

12 (4) COVERED FACILITY.—The term ‘‘covered 

13 facility’’ means— 

14 (A) a community solar facility— 

15 (i) that is located in an underserved 

16 area; or 

17 (ii) at least 50 percent of the capacity 

18 of which is reserved for low-income house19 holds; 

20 (B) a solar generating facility located at a 

21 residence of a low-income household; or 

22 (C) a solar generating facility located at a 

23 multi-family affordable housing complex. 

24 (5) COVERED STATE.—The term ‘‘covered 

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1 sure that covered facilities deliver financial benefits 

2 to low-income households. 

3 (6) ELIGIBLE ENTITY.—The term ‘‘eligible enti4 ty’’ means— 

5 (A) a nonprofit organization that provides 

6 services to low-income households or multi-fam7 ily affordable housing complexes; 

8 (B) a developer, owner, or operator of a 

9 community solar facility that reserves a portion 

10 of the capacity of the facility for subscribers 

11 who are members of low-income households or 

12 for low-income households that otherwise finan13 cially benefit from the facility; 

14 (C) a covered State, or political subdivision 

15 thereof; 

16 (D) an Indian Tribe or a tribally owned 

17 electric utility; 

18 (E) a Native Hawaiian community-based 

19 organization; 

20 (F) any other national or regional entity 

21 that has experience developing or installing 

22 solar generating facilities for low-income house23 holds that maximize financial benefits to those 

24 households; and 


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1 (G) an electric cooperative or municipal 

2 electric utility (as such terms are defined in sec3 tion 3 of the Federal Power Act). 

4 (7) ELIGIBLE INSTALLATION PROJECT.—The 

5 term ‘‘eligible installation project’’ means a project 

6 to install a covered facility in a covered State. 

7 (8) ELIGIBLE PLANNING PROJECT.—The term 

8 ‘‘eligible planning project’’ means a project to carry 

9 out pre-installation activities for the development of 

10 a covered facility in a covered State. 

11 (9) ELIGIBLE PROJECT.—The term ‘‘eligible 

12 project’’ means— 

13 (A) an eligible planning project; or 

14 (B) an eligible installation project. 

15 (10) FEASIBILITY STUDY.—The term ‘‘feasi16 bility study’’ means any activity to determine the 

17 feasibility of a specific solar generating facility, in18 cluding a customer interest assessment and a siting 

19 assessment, as determined by the Secretary. 

20 (11) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

21 means any Indian Tribe, band, nation, or other or22 ganized group or community, including any Alaska 

23 Native village, Regional Corporation, or Village Cor24 poration (as defined in, or established pursuant to, 

25 the Alaska Native Claims Settlement Act (43 U.S.C. 


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1 1601 et seq.)), that is recognized as eligible for the 

2 special programs and services provided by the 

3 United States to Indians because of their status as 

4 Indians. 

5 (12) INTERCONNECTION SERVICE.—The term 

6 ‘‘interconnection service’’ has the meaning given 

7 such term in section 111(d)(15) of the Public Utility 

8 Regulatory Policies Act of 1978 (16 U.S.C. 

9 2621(d)(15)). 

10 (13) LOW-INCOME HOUSEHOLD.—The term 

11 ‘‘low-income household’’ means that income in rela12 tion to family size which— 

13 (A) is at or below 200 percent of the pov14 erty level determined in accordance with criteria 

15 established by the Director of the Office of 

16 Management and Budget, except that the Sec17 retary may establish a higher level if the Sec18 retary determines that such a higher level is 

19 necessary to carry out the purposes of this sec20 tion; 

21 (B) is the basis on which cash assistance 

22 payments have been paid during the preceding 

23 12-month period under titles IV and XVI of the 

24 Social Security Act (42 U.S.C. 601 et seq., 


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1 1381 et seq.) or applicable State or local law; 

2 or 

3 (C) if a State elects, is the basis for eligi4 bility for assistance under the Low-Income 

5 Home Energy Assistance Act of 1981 (42 

6 U.S.C. 8621 et seq.), provided that such basis 

7 is at least 200 percent of the poverty level de8 termined in accordance with criteria established 

9 by the Director of the Office of Management 

10 and Budget. 

11 (14) MULTI-FAMILY AFFORDABLE HOUSING

12 COMPLEX.—The term ‘‘multi-family affordable hous13 ing complex’’ means any federally subsidized afford14 able housing complex in which at least 50 percent of 

15 the units are reserved for low-income households. 

16 (15) NATIVE HAWAIIAN COMMUNITY-BASED OR17 GANIZATION.—The term ‘‘Native Hawaiian commu18 nity-based organization’’ means any organization 

19 that is composed primarily of Native Hawaiians 

20 from a specific community and that assists in the 

21 social, cultural, and educational development of Na22 tive Hawaiians in that community. 

23 (16) PROGRAM.—The term ‘‘program’’ means 

24 the program established under subsection (b). 


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1 (17) SECRETARY.—The term ‘‘Secretary’’ 

2 means the Secretary of Energy. 

3 (18) SOLAR GENERATING FACILITY.—The term 

4 ‘‘solar generating facility’’ means— 

5 (A) a generator that creates electricity 

6 from light photons; and 

7 (B) the accompanying hardware enabling 

8 that electricity to flow— 

9 (i) onto the electric grid; 

10 (ii) into a facility or structure; or 

11 (iii) into an energy storage device. 

12 (19) STATE.—The term ‘‘State’’ means each of 

13 the 50 States, the District of Columbia, Guam, the 

14 Commonwealth of Puerto Rico, the Northern Mar15 iana Islands, the Virgin Islands, and American 

16 Samoa. 

17 (20) SUBSCRIBER.—The term ‘‘subscriber’’ 

18 means a person who— 

19 (A) owns a community solar subscription, 

20 or an equivalent unit or share of the capacity 

21 or generation of a community solar facility; or 

22 (B) financially benefits from a community 

23 solar facility, even if the person does not own 

24 a community solar subscription for the facility. 


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1 (21) UNDERSERVED AREA.—The term ‘‘under2 served area’’ means— 

3 (A) a geographical area with low or no 

4 photovoltaic solar deployment, as determined by 

5 the Secretary; 

6 (B) a geographical area that has low or no 

7 access to electricity, as determined by the Sec8 retary; 

9 (C) a geographical area with an average 

10 annual residential retail electricity price that 

11 exceeds the national average annual residential 

12 retail electricity price (as reported by the En13 ergy Information Agency) by 50 percent or 

14 more; or 

15 (D) trust land, as defined in section 3765 

16 of title 38, United States Code. 

17 (b) ESTABLISHMENT.—The Secretary shall establish 

18 a program to provide financial assistance to eligible enti19 ties to— 

20 (1) carry out planning projects that are nec21 essary to establish the feasibility, obtain required 

22 permits, identify beneficiaries, or secure subscribers 

23 to install a covered facility; or 

24 (2) install a covered facility for beneficiaries in 

25 accordance with this section. 


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1 (c) APPLICATIONS.— 

2 (1) IN GENERAL.—To be eligible to receive as3 sistance under the program, an eligible entity shall 

4 submit to the Secretary an application at such time, 

5 in such manner, and containing such information as 

6 the Secretary may require. 

7 (2) INCLUSION FOR INSTALLATION ASSIST8 ANCE.— 

9 (A) REQUIREMENTS.—For an eligible enti10 ty to receive assistance for a project to install 

11 a covered facility, the Secretary shall require 

12 the eligible entity to include— 

13 (i) information in the application that 

14 is sufficient to demonstrate that the eligi15 ble entity has obtained, or has the capacity 

16 to obtain, necessary permits, subscribers, 

17 access to an installation site, and any other 

18 items or agreements necessary to comply 

19 with an agreement under subsection (g)(1) 

20 and to complete the installation of the ap21 plicable covered facility; 

22 (ii) a description of the mechanism 

23 through which financial benefits will be 

24 distributed to beneficiaries or subscribers; 

25 and 


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1 (iii) an estimate of the anticipated fi2 nancial benefit for beneficiaries or sub3 scribers. 

4 (B) CONSIDERATION OF PLANNING

5 PROJECTS.—The Secretary shall consider the 

6 successful completion of an eligible planning 

7 project pursuant to subsection (b)(1) by the eli8 gible entity to be sufficient to demonstrate the 

9 ability of the eligible entity to meet the require10 ments of subparagraph (A)(i). 

11 (d) SELECTION.— 

12 (1) IN GENERAL.—In selecting eligible projects 

13 to receive assistance under the program, the Sec14 retary shall— 

15 (A) prioritize— 

16 (i) eligible installation projects that 

17 will result in the most financial benefit for 

18 subscribers, as determined by the Sec19 retary; 

20 (ii) eligible installation projects that 

21 will result in development of covered facili22 ties in underserved areas; and 

23 (iii) eligible projects that include ap24 prenticeship, job training, or community 


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1 participation as part of their application; 

2 and 

3 (B) ensure that such assistance is provided 

4 in a manner that results in eligible projects 

5 being carried out on a geographically diverse 

6 basis within and among covered States. 

7 (2) DETERMINATION OF FINANCIAL BEN8 EFIT.—In determining the amount of financial ben9 efit for low-income households of an eligible installa10 tion project, the Secretary shall ensure that all cal11 culations for estimated household energy savings are 

12 based solely on electricity offsets from the applicable 

13 covered facility and use formulas established by the 

14 State or local government with jurisdiction over the 

15 applicable covered facility for verifiable household 

16 energy savings estimates that accrue to low-income 

17 households. 

18 (e) ASSISTANCE.— 

19 (1) FORM.—The Secretary may provide assist20 ance under the program in the form of a grant 

21 (which may be in the form of a rebate) or a low-in22 terest loan. 

23 (2) MULTIPLE PROJECTS FOR SAME FACIL24 ITY.— 


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1 (A) IN GENERAL.—An eligible entity may 

2 apply for assistance under the program for an 

3 eligible planning project and an eligible installa4 tion project for the same covered facility. 

5 (B) SEPARATE SELECTIONS.—Selection by 

6 the Secretary for assistance under the program 

7 of an eligible planning project does not require 

8 the Secretary to select for assistance under the 

9 program an eligible installation project for the 

10 same covered facility. 

11 (f) USE OF ASSISTANCE.— 

12 (1) ELIGIBLE PLANNING PROJECTS.—An eligi13 ble entity receiving assistance for an eligible plan14 ning project under the program may use such assist15 ance to pay the costs of pre-installation activities as16 sociated with an applicable covered facility, includ17 ing— 

18 (A) feasibility studies; 

19 (B) permitting; 

20 (C) site assessment; 

21 (D) on-site job training, or other commu22 nity-based activities directly associated with the 

23 eligible planning project; or 

24 (E) such other costs determined by the 

25 Secretary to be appropriate. 


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1 (2) ELIGIBLE INSTALLATION PROJECTS.—An 

2 eligible entity receiving assistance for an eligible in3 stallation project under the program may use such 

4 assistance to pay the costs of— 

5 (A) installation of a covered facility, in6 cluding costs associated with materials, permit7 ting, labor, or site preparation; 

8 (B) storage technology sited at a covered 

9 facility; 

10 (C) interconnection service expenses; 

11 (D) on-site job training, or other commu12 nity-based activities directly associated with the 

13 eligible installation project; 

14 (E) offsetting the cost of a subscription for 

15 a covered facility described in subparagraph (A) 

16 of subsection (a)(4) for subscribers that are 

17 members of a low income household; or 

18 (F) such other costs determined by the 

19 Secretary to be appropriate. 

20 (g) ADMINISTRATION.— 

21 (1) AGREEMENTS.— 

22 (A) IN GENERAL.—As a condition of re23 ceiving assistance under the program, an eligi24 ble entity shall enter into an agreement with 

25 the Secretary. 


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1 (B) REQUIREMENTS.—An agreement en2 tered into under this paragraph— 

3 (i) shall require the eligible entity to 

4 maintain such records and adopt such ad5 ministrative practices as the Secretary may 

6 require to ensure compliance with the re7 quirements of this section and the agree8 ment; 

9 (ii) with respect to an eligible installa10 tion project shall require that any solar 

11 generating facility installed using assist12 ance provided pursuant to the agreement 

13 comply with local building and safety codes 

14 and standards; and 

15 (iii) shall contain such other terms as 

16 the Secretary may require to ensure com17 pliance with the requirements of this sec18 tion. 

19 (C) TERM.—An agreement under this 

20 paragraph shall be for a term that begins on 

21 the date on which the agreement is entered into 

22 and ends on the date that is 2 years after the 

23 date on which the eligible entity receives assist24 ance pursuant to the agreement, which term 

25 may be extended once for a period of not more 


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1 than 1 year if the eligible entity demonstrates 

2 to the satisfaction of the Secretary that such an 

3 extension is necessary to complete the activities 

4 required by the agreement. 

5 (2) USE OF FUNDS.—Of the funds made avail6 able to provide assistance to eligible installation 

7 projects under this section over the period of fiscal 

8 years 2021 through 2025, the Secretary shall use— 

9 (A) not less than 50 percent to provide as10 sistance for eligible installation projects with re11 spect to which low-income households make up 

12 at least 50 percent of the subscribers to the 

13 project; and 

14 (B) not more than 50 percent to provide 

15 assistance for eligible installation projects with 

16 respect to which low-income households make 

17 up at least 25 percent of the subscribers to the 

18 project. 

19 (3) REGULATIONS.—Not later than 120 days 

20 after the date of enactment of this Act, the Sec21 retary shall publish in the Federal Register regula22 tions to carry out this section, which shall take ef23 fect on the date of publication. 

24 (h) AUTHORIZATION OF APPROPRIATIONS.— 


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1 (1) IN GENERAL.—There is authorized to be 

2 appropriated to the Secretary to carry out this sec3 tion $250,000,000 for each of fiscal years 2021 

4 through 2025, to remain available until expended. 

5 (2) AMOUNTS FOR PLANNING PROJECTS.—Of 

6 the amounts appropriated pursuant to this section 

7 over the period of fiscal years 2021 through 2025, 

8 the Secretary shall use not more than 15 percent of 

9 funds to provide assistance to eligible planning 

10 projects. 

11 (i) RELATIONSHIP TO OTHER ASSISTANCE.—The 

12 Secretary shall, to the extent practicable, encourage eligi13 ble entities that receive assistance under this section to 

14 leverage such funds by seeking additional funding through 

15 federally or locally subsidized weatherization and energy 

16 efficiency programs. 

17 SEC. 2402. ESTABLISHMENT OF COMMUNITY SOLAR PRO18 GRAMS. 

19 (a) IN GENERAL.—Section 111(d) of the Public Util20 ity Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) 

21 is amended by adding at the end the following: 

22 ‘‘(21) COMMUNITY SOLAR PROGRAMS.—Each 

23 electric utility shall offer a community solar program 

24 that provides all ratepayers, including low-income 

25 ratepayers, equitable and demonstrable access to 


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1 such community solar program. For the purposes of 

2 this paragraph, the term ‘community solar program’ 

3 means a service provided to any electric consumer 

4 that the electric utility serves through which the 

5 value of electricity generated by a community solar 

6 facility may be used to offset charges billed to the 

7 electric consumer by the electric utility. A ‘commu8 nity solar facility’ is— 

9 ‘‘(A) a solar photovoltaic system that allo10 cates electricity to multiple electric consumers 

11 of an electric utility; 

12 ‘‘(B) connected to a local distribution of 

13 the electric utility; 

14 ‘‘(C) located either on or off the property 

15 of the electric consumers; and 

16 ‘‘(D) may be owned by an electric utility, 

17 an electric consumer, or a third party.’’. 

18 (b) COMPLIANCE.— 

19 (1) TIME LIMITATIONS.—Section 112(b) of the 

20 Public Utility Regulatory Policies Act of 1978 (16 

21 U.S.C. 2622(b)) is amended by adding at the end 

22 the following: 

23 ‘‘(8)(A) Not later than 1 year after the date of 

24 enactment of this paragraph, each State regulatory 

25 authority (with respect to each electric utility for 


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1 which the State has ratemaking authority) and each 

2 nonregulated electric utility shall commence consid3 eration under section 111, or set a hearing date for 

4 consideration, with respect to the standard estab5 lished by paragraph (21) of section 111(d). 

6 ‘‘(B) Not later than 2 years after the date of 

7 enactment of this paragraph, each State regulatory 

8 authority (with respect to each electric utility for 

9 which the State has ratemaking authority), and each 

10 nonregulated electric utility shall complete the con11 sideration and make the determination under section 

12 111 with respect to the standard established by 

13 paragraph (21) of section 111(d).’’. 

14 (2) FAILURE TO COMPLY.— 

15 (A) IN GENERAL.—Section 112(c) of the 

16 Public Utility Regulatory Policies Act of 1978 

17 (16 U.S.C. 2622(c)) is amended— 

18 (i) by striking ‘‘such paragraph (14)’’ 

19 and all that follows through ‘‘paragraphs 

20 (16)’’ and inserting ‘‘such paragraph (14). 

21 In the case of the standard established by 

22 paragraph (15) of section 111(d), the ref23 erence contained in this subsection to the 

24 date of enactment of this Act shall be 

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1 actment of that paragraph (15). In the 

2 case of the standards established by para3 graphs (16)’’; and 

4 (ii) by adding at the end the fol5 lowing: ‘‘In the case of the standard estab6 lished by paragraph (21) of section 111(d), 

7 the reference contained in this subsection 

8 to the date of enactment of this Act shall 

9 be deemed to be a reference to the date of 

10 enactment of that paragraph (21).’’. 

11 (B) TECHNICAL CORRECTION.— 

12 (i) IN GENERAL.—Section 1254(b) of 

13 the Energy Policy Act of 2005 (Public 

14 Law 109–58; 119 Stat. 971) is amended— 

15 (I) by striking paragraph (2); 

16 and 

17 (II) by redesignating paragraph 

18 (3) as paragraph (2). 

19 (ii) TREATMENT.—The amendment 

20 made by paragraph (2) of section 1254(b) 

21 of the Energy Policy Act of 2005 (Public 

22 Law 109–58; 119 Stat. 971) (as in effect 

23 on the day before the date of enactment of 

24 this Act) is void, and section 112(d) of the 

25 Public Utility Regulatory Policies Act of 


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1 1978 (16 U.S.C. 2622(d)) shall be in ef2 fect as if those amendments had not been 

3 enacted. 

4 (3) PRIOR STATE ACTIONS.— 

5 (A) IN GENERAL.—Section 112 of the 

6 Public Utility Regulatory Policies Act of 1978 

7 (16 U.S.C. 2622) is amended by adding at the 

8 end the following: 

9 ‘‘(h) PRIOR STATE ACTIONS.—Subsections (b) and 

10 (c) shall not apply to the standard established by para11 graph (21) of section 111(d) in the case of any electric 

12 utility in a State if, before the date of enactment of this 

13 subsection— 

14 ‘‘(1) the State has implemented for the electric 

15 utility the standard (or a comparable standard); 

16 ‘‘(2) the State regulatory authority for the 

17 State or the relevant nonregulated electric utility has 

18 conducted a proceeding to consider implementation 

19 of the standard (or a comparable standard) for the 

20 electric utility; or 

21 ‘‘(3) the State legislature has voted on the im22 plementation of the standard (or a comparable 

23 standard) for the electric utility.’’. 

24 (B) CROSS-REFERENCE.—Section 124 of 

25 the Public Utility Regulatory Policies Act of 


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1 1978 (16 U.S.C. 2634) is amended by adding 

2 at the end the following: ‘‘In the case of the 

3 standard established by paragraph (21) of sec4 tion 111(d), the reference contained in this sub5 section to the date of enactment of this Act 

6 shall be deemed to be a reference to the date 

7 of enactment of that paragraph (21).’’. 

8 Subtitle E—Research and 

9 Development 

10 PART 1—SOLAR ENERGY RESEARCH AND 

11 DEVELOPMENT 

12 SEC. 2501. DEFINITIONS. 

13 In this part: 

14 (1) The term ‘‘eligible entity’’ means any of the 

15 following entities: 

16 (A) An institution of higher education. 

17 (B) A National Laboratory. 

18 (C) A Federal research agency. 

19 (D) A State research agency. 

20 (E) A nonprofit research organization. 

21 (F) An industrial entity or a multi-institu22 tional consortium thereof. 

23 (2) The term ‘‘institution of higher edu24 cation’’— 


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1 (A) has the meaning given such term in 

2 section 101 of the Higher Education Act of 

3 1965 (20 U.S.C. 1001); and 

4 (B) includes a minority-serving institution. 

5 (3) The term ‘‘minority-serving institution’’ has 

6 the meaning given the term ‘‘eligible institution’’ in 

7 section 371(a) of the Higher Education Act of 1965 

8 (20 U.S.C. 1067q(a)). 

9 (4) The term ‘‘National Laboratory’’ has the 

10 meaning given such term in section 2(3) of the En11 ergy Policy Act of 2005 (42 U.S.C. 15801(3)). 

12 (5) The term ‘‘photovoltaic device’’ includes 

13 photovoltaic cells and the electronic and electrical 

14 components of such devices. 

15 (6) The term ‘‘Secretary’’ means the Secretary 

16 of Energy. 

17 SEC. 2502. SOLAR ENERGY RESEARCH AND DEVELOPMENT. 

18 (a) IN GENERAL.—The Secretary shall carry out a 

19 solar energy program to conduct research, development, 

20 demonstration, and commercial application of solar energy 

21 technologies. In carrying out such program, the Secretary 

22 shall, in accordance with subsection (b), award grants and 

23 enter into contracts and cooperative agreements under 

24 this section, and sections 2503, 2504, and 2505 for each 

25 of the following purposes: 


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1 (1) To improve the energy efficiency, siting, re2 liability, resilience, security, capacity, and environ3 mental performance of solar energy generation. 

4 (2) To optimize the design and adaptability of 

5 solar energy systems to the broadest practical range 

6 of geographic and atmospheric conditions. 

7 (3) To reduce the cost of manufacturing, instal8 lation, operation, maintenance, and decommissioning 

9 of solar energy systems. 

10 (4) To create and improve conversion of solar 

11 energy to useful forms. 

12 (b) GRANTS, CONTRACTS, AND COOPERATIVE

13 AGREEMENTS.— 

14 (1) GRANTS.—In carrying out the program es15 tablished under subsection (a), the Secretary shall 

16 award grants on a competitive, merit-reviewed basis 

17 to eligible entities for projects that the Secretary de18 termines would best achieve the goals of the pro19 gram. 

20 (2) CONTRACTS AND COOPERATIVE AGREE21 MENTS.—In carrying out the program established 

22 under subsection (a), the Secretary may enter into 

23 contracts and cooperative agreements with eligible 

24 entities and Federal agencies for projects that the 


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1 Secretary determines would further the purposes of 

2 the program. 

3 (3) APPLICATION.—An entity seeking a grant 

4 or a contract or agreement under this part shall sub5 mit to the Secretary an application at such time, in 

6 such manner, and containing such information as 

7 the Secretary may require. 

8 (4) SPECIAL CONSIDERATION.—With respect to 

9 applications under paragraph (3), the Secretary 

10 shall give special consideration to applications from 

11 minority-serving institutions or a multi-institutional 

12 consortium which includes a minority-serving institu13 tion. 

14 (c) SOLAR ENERGY RESEARCH SUBJECT AREAS.— 

15 The program established under subsection (a) shall focus 

16 on the research, development, demonstration, and com17 mercial application of each of the following subject areas: 

18 (1) Photovoltaic devices and related electronic 

19 components, including converters, sensors, energy 

20 monitors, communication and control equipment, 

21 and protocols. 

22 (2) Concentrated solar power, including solar 

23 thermal and concentrating solar photovoltaic tech24 nologies. 

25 (3) Low cost, high-quality solar energy systems. 


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1 (4) Low cost, thin-film solar technologies, in2 cluding the use of perovskite and cadmium telluride 

3 materials in solar cells. 

4 (5) Solar heating and cooling systems, including 

5 distributed solar-powered air conditioning. 

6 (6) Solar technology products that can be easily 

7 integrated into new buildings, existing buildings, ag8 ricultural and aquatic environments, and other infra9 structure. 

10 (7) Solar technology that is resilient to extreme 

11 weather events. 

12 (8) Solar technology products integrated into 

13 transportation applications in coordination with vehi14 cle technologies research and development activities 

15 supported by the Department of Energy. 

16 (9) Storage technologies to address the tran17 sience and intermittency of solar energy resources, 

18 including batteries, supercapacitors, and thermal 

19 storage. 

20 (10) Microgrids using solar technology. 

21 (11) Solar technologies enabling safe grid oper22 ating conditions, such as fast-disconnect during an 

23 emergency. 

24 (12) Distributed solar energy technologies, such 

25 as rooftop solar panels. 


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1 (13) Technologies and designs that enable a 

2 broad range of scales for solar power production. 

3 (14) Advanced solar manufacturing technologies 

4 and best practices, including— 

5 (A) materials and processes; 

6 (B) development of industry standards; 

7 (C) design and integration practices; and 

8 (D) optimized packaging methods and new 

9 device designs. 

10 (15) Advanced analytic and computing capabili11 ties for better modeling and simulations of solar en12 ergy systems. 

13 (16) Electrical grid integration, including— 

14 (A) integration of solar technologies into 

15 smart grid, transmission, and distribution; 

16 (B) coordination of solar with other dis17 tributed and large-scale energy resources; 

18 (C) electrical power smoothing; 

19 (D) microgrid integration; 

20 (E) community solar; 

21 (F) solar resource forecasting; 

22 (G) regional and national electric system 

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1 conducting transmission and long-term storage 

2 options; 

3 (H) ways to address system operations 

4 over minutes, hours, days, weeks, and seasons 

5 with respect to the full range of project scales; 

6 and 

7 (I) electric grid security, including cyber 

8 and physical security. 

9 (17) Non-hardware and information-based ad10 vances in solar energy system siting, design, installa11 tion, operation, maintenance, and decommissioning. 

12 (18) Solar energy technology as a part of strat13 egies commonly referred to as ‘‘behind-the-meter 

14 strategies’’, including with respect to electricity gen15 eration, load, energy efficiency, controls, storage, 

16 and electric vehicles. 

17 (19) Methods to reduce the total volume of 

18 water used in the manufacture, construction, oper19 ation, and maintenance of solar energy technologies. 

20 (20) Siting of solar energy on previously dis21 turbed lands, including landfills, former mines, and 

22 other areas requiring environmental management. 

23 (21) Durable, low-cost solar-powered sensors, 

24 equipment, and machinery for off-grid use, with spe25 cial consideration for agricultural applications, such 


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1 as solar powered smart agricultural monitoring and 

2 irrigation systems. 

3 (22) Other subject areas determined by the Sec4 retary. 

5 (d) TECHNICAL ASSISTANCE AND WORKFORCE DE6 VELOPMENT.—In carrying out the program established 

7 under subsection (a), the Secretary shall also conduct, for 

8 purposes of supporting technical, non-hardware, and infor9 mation-based advances in solar energy systems develop10 ment and operations, including activities expanding access 

11 to solar energy for low-income and disadvantaged individ12 uals and communities— 

13 (1) technical assistance and analysis activities 

14 with eligible entities; and 

15 (2) workforce development and training activi16 ties, including— 

17 (A) activities that support the dissemina18 tion of standards and best practices for ena19 bling solar power production; and 

20 (B) through the use of proven techniques 

21 to expand the number of individuals from 

22 underrepresented groups pursuing and attain23 ing skills relevant to solar energy. 

24 (e) PROGRAM TARGETS.—The program established 

25 under subsection (a) shall address near-term (up to 2 


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1 years), mid-term (up to 7 years), and long-term (up to 

2 15 years) challenges to the advancement of solar energy 

3 systems. 

4 (f) SUSTAINABLE CHEMISTRY.—Each entity receiv5 ing a grant, contract, or cooperative agreement under this 

6 section shall endeavor, in carrying out activities under 

7 such grant, contract, or cooperative agreement, to incor8 porate, where appropriate, sustainable and green chem9 istry and engineering principles, practices, and methodolo10 gies. 

11 (g) WILDLIFE IMPACT MITIGATION.—In carrying out 

12 the program established under subsection (a), the Sec13 retary shall support wildlife impact mitigation technologies 

14 and strategies, including the use of distributed solar tech15 nologies, to avoid, minimize, and offset the potential nega16 tive impacts of solar energy systems on wildlife, including 

17 bird species, habitat, and local flora and fauna. 

18 (h) STEWARDSHIP OF NATIONAL LABORATORY RE19 SOURCES.—In awarding grants and entering into con20 tracts and cooperative agreements under this part, the 

21 Secretary shall steward relevant capabilities and programs 

22 of the National Laboratories. 

23 (i) CONFORMING REPEALS.—The following provi24 sions of law are hereby repealed: 


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1 (1) The Solar Energy Research, Development, 

2 and Demonstration Act of 1974 (42 U.S.C. 5551 et 

3 seq.), except for section 10. 

4 (2) The Solar Photovoltaic Energy Research, 

5 Development, and Demonstration Act of 1978 (42 

6 U.S.C. 5581 et seq.). 

7 (3) Paragraphs (2) and (3) of section 4(a) of 

8 the Renewable Energy and Energy Efficiency Tech9 nology Competitiveness Act of 1989 (42 U.S.C. 

10 12003(a)). 

11 (4) Subparagraph (A) of section 931(a)(2) of 

12 the Energy Policy Act of 2005 (42 U.S.C. 

13 16231(a)(2)). 

14 (5) Sections 606 and 607 of the Energy Inde15 pendence and Security Act of 2007 (42 U.S.C. 

16 17174 and 17175). 

17 (j) CONFORMING AMENDMENT.—The table of con18 tents in section 1 of the Energy Independence and Secu19 rity Act of 2007 is amended by striking the items relating 

20 to sections 606 and 607. 

21 SEC. 2503. SOLAR ENERGY DEMONSTRATION PROJECTS. 

22 (a) IN GENERAL.—In carrying out the program es23 tablished under section 2502(a), the Secretary shall award 

24 grants on a competitive, merit-reviewed basis to eligible 


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1 entities for demonstration projects to advance the develop2 ment of solar energy technologies and systems production. 

3 (b) PRIORITY.—In awarding grants under subsection 

4 (a), the Secretary shall give priority to projects that— 

5 (1) are located in geographically diverse regions 

6 of the United States; 

7 (2) can be replicated in a variety of regions and 

8 climates; 

9 (3) demonstrate technologies that address 

10 intermittency, variability, storage challenges, behind11 the-meter operations, and independent operational 

12 capability; 

13 (4) coordinate solar technologies with other dis14 tributed and large-scale energy resources; 

15 (5) facilitate identification of optimum ap16 proaches among competing solar energy tech17 nologies; 

18 (6) include business commercialization plans 

19 that have the potential for production of solar en20 ergy equipment at high volumes; 

21 (7) support the development of advanced manu22 facturing technologies that have the potential to im23 prove United States competitiveness in the inter24 national solar energy manufacturing sector; 


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1 (8) provide the greatest potential to reduce en2 ergy costs, as well as promote accessibility and com3 munity implementation of demonstrated tech4 nologies, for consumers; 

5 (9) increase disclosure and transparency of in6 formation to all market participants to help in mak7 ing optimal decisions; 

8 (10) promote overall electric infrastructure reli9 ability, security, and resilience should grid functions 

10 be disrupted or damaged; 

11 (11) promote solar energy in low-income com12 munities and those disproportionately burdened by 

13 environmental pollution; and 

14 (12) satisfy any other criteria that the Sec15 retary determines appropriate. 

16 (c) USE OF FUNDS.—Grants under this section may 

17 be used, to the extent that funding is not otherwise avail18 able through other Federal programs or power purchase 

19 agreements, for— 

20 (1) any necessary site engineering study; 

21 (2) an economic assessment of site-specific con22 ditions; 

23 (3) appropriate feasibility studies to determine 

24 whether the demonstration can be replicated; 


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1 (4) installation of equipment, service, and sup2 port; 

3 (5) operation for at least the minimum amount 

4 of time required to fully assess the project’s results 

5 and objectives, as determined by a peer-reviewed 

6 process; and 

7 (6) validation of technical, economic, and envi8 ronmental assumptions and documentation of les9 sons learned. 

10 (d) SOLICITATION.—Not later than 90 days after the 

11 date of enactment of this Act and biennially thereafter, 

12 the Secretary shall conduct a national solicitation for ap13 plications for grants under this section. 

14 SEC. 2504. NEXT GENERATION SOLAR ENERGY MANUFAC15 TURING INITIATIVE. 

16 (a) IN GENERAL.—In carrying out the program es17 tablished under section 2502(a), the Secretary shall con18 duct research, development, demonstration, and commer19 cial application projects, in accordance with section 

20 2502(b), to advance new solar energy manufacturing tech21 nologies and techniques, including those that manufacture 

22 solar cells, hardware, and enabling devices. 

23 (b) STRATEGIC VISION REPORT.— 

24 (1) IN GENERAL.—Not later than September 1, 

25 2021, the Secretary shall submit to the Committee 


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1 on Science, Space, and Technology of the House of 

2 Representatives, the Committee on Energy and Nat3 ural Resources of the Senate, and any other commit4 tees of Congress deemed appropriate by the Sec5 retary a report on the results of a study that exam6 ines the viable market opportunities available for 

7 solar energy technology manufacturing in the United 

8 States, including solar cells, hardware, and enabling 

9 technologies. 

10 (2) REPORT REQUIREMENTS.—The report 

11 under paragraph (1) shall include— 

12 (A) a description of— 

13 (i) the ability to competitively manu14 facture solar technology in the United 

15 States, including the manufacture of— 

16 (I) new and advanced materials, 

17 such as cells made with new, cost-ef18 fective, high efficiency materials; 

19 (II) solar module equipment and 

20 enabling technologies, including smart 

21 inverters, sensors, and tracking equip22 ment; 

23 (III) innovative solar module de24 signs and applications, including those 

25 that can directly integrate with new 


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1 and existing buildings and other infra2 structure; and 

3 (IV) other research areas as de4 termined by the Secretary; and 

5 (ii) opportunities and barriers within 

6 the United States and international solar 

7 energy technology supply chains; 

8 (B) policy recommendations for enhancing 

9 solar energy technology manufacturing in the 

10 United States; and 

11 (C) an aggressive 10-year target and plan, 

12 beginning in 2022, to enhance the competitive13 ness of solar energy technology manufacturing 

14 in the United States. 

15 (c) PROGRAM IMPLEMENTATION.—In carrying out 

16 the research, development, demonstration, and commercial 

17 application activities under this section, to the extent prac18 ticable, the Secretary shall follow the recommendations in19 cluded in the report under subsection (b) and award 

20 grants and enter into contracts and cooperative agree21 ments for solar energy manufacturing projects that— 

22 (1) reduce capital expenditures or provide 

23 lower-cost manufacturing options; 

24 (2) eliminate manufacturing process steps; 

25 (3) reduce energy, water, and material inputs; 


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1 (4) establish alternative supply chains for mate2 rials and components; and 

3 (5) take advantage of rapid prototyping, small 

4 batch manufacturing, and roll-to-roll processing. 

5 (d) PROGRAM EVALUATION.—Beginning not later 

6 than 3 years after the completion of the report under sub7 section (b), and every 4 years thereafter, the Secretary 

8 shall provide, and make available to the public and the 

9 relevant authorizing and appropriations committees of 

10 Congress, an independent review of the program author11 ized under this section to evaluate its progress toward 

12 meeting the policy recommendations and targets deter13 mined in the report. 

14 SEC. 2505. PHOTOVOLTAIC DEVICE RECYCLING RESEARCH 

15 AND DEVELOPMENT. 

16 (a) IN GENERAL.—In carrying out the program es17 tablished under section 2502(a), the Secretary shall con18 duct research, development, demonstration, and commer19 cial application projects, in accordance with section 

20 2502(b), to advance innovative and practical approaches 

21 to increase reuse and recycling of photovoltaic devices. 

22 (b) PURPOSE.—The Secretary shall award grants 

23 and enter into contracts and cooperative agreements under 

24 subsection (a) for projects that address— 


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1 (1) technology to increase the efficiency of pho2 tovoltaic device recycling and maximize the recovery 

3 of valuable raw materials for use in new products 

4 while minimizing the life-cycle environmental im5 pacts such as greenhouse gas emissions and water 

6 usage; 

7 (2) expanded uses for materials from recycled 

8 photovoltaic devices; 

9 (3) development and demonstration of environ10 mentally responsible alternatives to the use of haz11 ardous materials in photovoltaic devices and the pro12 duction of such devices; 

13 (4) development of methods to separate and re14 move hazardous materials from photovoltaic devices 

15 and to recycle or dispose of those materials in a safe 

16 and low-cost manner; 

17 (5) product design and construction to facilitate 

18 disassembly and recycling of photovoltaic devices; 

19 (6) tools and methods to aid in assessing the 

20 environmental impacts of the production of photo21 voltaic devices and photovoltaic device recycling and 

22 disposal; 

23 (7) product design and construction and other 

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1 tovoltaic devices, including methods to promote their 

2 safe reuse; and 

3 (8) strategies to increase consumer acceptance 

4 and practice of recycling of photovoltaic devices. 

5 (c) APPLICATIONS.—An eligible entity seeking a 

6 grant, contract, or cooperative agreement under this sec7 tion shall submit to the Secretary an application that in8 cludes a description of— 

9 (1) the project that will be undertaken and the 

10 contributions of each participating entity; and 

11 (2) the applicability of the project to increasing 

12 reuse and recycling of photovoltaic devices with the 

13 least environmental impacts as measured by life14 cycle analyses, and the potential for incorporating 

15 the research results into industry practice. 

16 (d) DISSEMINATION OF RESULTS.—The Secretary 

17 shall publish the results of projects supported under this 

18 section through— 

19 (1) development of best practices or training 

20 materials for use in the photovoltaics manufacturing, 

21 design, installation, refurbishing, disposal, or recy22 cling industries; 

23 (2) dissemination at industry conferences; 


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1 (3) coordination with information dissemination 

2 programs relating to recycling of electronic devices 

3 in general; 

4 (4) demonstration projects; and 

5 (5) educational materials for the public pro6 duced in conjunction with State, Tribal, and local 

7 governments or nonprofit organizations on the prob8 lems and solutions related to reuse and recycling of 

9 photovoltaic devices. 

10 (e) PHOTOVOLTAIC MATERIALS PHYSICAL PROP11 ERTY DATABASE.— 

12 (1) IN GENERAL.—Not later than September 1, 

13 2022, the Secretary shall establish a comprehensive 

14 physical property database of materials for use in 

15 photovoltaic devices. Such database shall include— 

16 (A) identification of materials used in pho17 tovoltaic devices; 

18 (B) a list of commercially available 

19 amounts of these materials and their country of 

20 origin; 

21 (C) amounts of these materials projected 

22 to be available through mining or recycling of 

23 photovoltaic and other electronic devices; and 

24 (D) a list of other significant uses for each 

25 of these materials. 


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1 (2) PRIORITIES.—Not later than September 1, 

2 2021, the Secretary, working with private industry, 

3 shall develop a plan to establish priorities and re4 quirements for the database under this subsection, 

5 including the protection of proprietary information, 

6 trade secrets, and other confidential business infor7 mation. 

8 (3) COORDINATION.—The Secretary shall co9 ordinate with the Director of the National Institute 

10 of Standards and Technology, the Administrator of 

11 the Environmental Protection Agency, and the Ad12 ministrator of the Department of Interior to facili13 tate the incorporation of the database under this 

14 subsection with any existing database for materials 

15 involved in electronic manufacturing and recycling. 

16 SEC. 2506. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated to the Sec18 retary to carry out this part— 

19 (1) $441,000,000 for fiscal year 2021; 

20 (2) $463,050,000 for fiscal year 2022; 

21 (3) $486,202,500 for fiscal year 2023; 

22 (4) $510,512,625 for fiscal year 2024; and 

23 (5) $536,038,257 for fiscal year 2025. 


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1 PART 2—WIND ENERGY RESEARCH AND 

2 DEVELOPMENT 

3 SEC. 2521. DEFINITIONS. 

4 In this section: 

5 (1) The term ‘‘eligible entity’’ means any of the 

6 following entities: 

7 (A) An institution of higher education. 

8 (B) A National Laboratory. 

9 (C) A Federal research agency. 

10 (D) A State research agency. 

11 (E) A nonprofit research organization. 

12 (F) An industrial entity or a multi-institu13 tional consortium thereof. 

14 (2) The term ‘‘energy critical material’’ means 

15 any of a class of non-fuel materials that have a high 

16 risk of a supply disruption and are critical to one or 

17 more existing or new, energy-related technologies 

18 such that a substantial supply disruption of such 

19 material would significantly inhibit large-scale de20 ployment of technologies that produce, transmit, 

21 store, or conserve energy. 

22 (3) The term ‘‘institution of higher education’’ 

23 has the meaning given such term in section 101 of 

24 the Higher Education Act of 1965 (20 U.S.C. 

25 1001). 


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1 (4) The term ‘‘National Laboratory’’ has the 

2 meaning given such term in section 2(3) of the En3 ergy Policy Act of 2005 (42 U.S.C. 15801(3)). 

4 (5) The term ‘‘supersized turbine’’ means a 12 

5 megawatt or greater wind turbine, typically with a 

6 tower height greater than 140 meters and blades 

7 greater than 75 meters. 

8 SEC. 2522. WIND ENERGY RESEARCH AND DEVELOPMENT. 

9 (a) IN GENERAL.—The Secretary of Energy (in this 

10 part, referred to as the ‘‘Secretary’’) shall carry out a pro11 gram to conduct research, development, demonstration, 

12 and commercial application of wind energy technologies. 

13 In carrying out such program and in accordance with sub14 section (b), the Secretary shall award grants and enter 

15 into contracts and cooperative agreements under this sec16 tion and sections 2523, 2524, and 2525 for each of the 

17 following purposes: 

18 (1) To improve the energy efficiency, reliability, 

19 resilience, security, and capacity of wind energy gen20 eration. 

21 (2) To optimize the design and control of wind 

22 energy systems for the broadest practical range of 

23 geographic and atmospheric conditions. 

24 (3) To reduce the cost and risk of siting, per25 mitting, construction, operation, maintenance, and 


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1 decommissioning of wind energy systems, including 

2 strategies and technologies to reduce environmental 

3 and community impacts, including research and de4 velopment that reduces impacts on existing ocean 

5 uses and increases coordination between offshore 

6 wind and existing users, including the commercial 

7 fishing industry, improve grid integration, and re8 duce regulatory barriers. 

9 (4) To improve materials, engineering, and 

10 manufacturing processes for turbines, including 

11 supersized turbines. 

12 (5) To optimize wind plant performance and in13 tegration within hybrid energy systems to enhance 

14 cost efficiency and electric grid stability and resil15 ience. 

16 (b) GRANTS, CONTRACTS, AND COOPERATIVE

17 AGREEMENTS.— 

18 (1) GRANTS.—In carrying out the program, the 

19 Secretary shall award grants on a competitive, 

20 merit-reviewed basis to eligible entities for projects 

21 that the Secretary determines would best achieve the 

22 goals of the program. 

23 (2) CONTRACTS AND COOPERATIVE AGREE24 MENTS.—In carrying out the program, the Secretary 

25 may enter into contracts and cooperative agreements 


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1 with eligible entities and Federal agencies for 

2 projects that the Secretary determines would further 

3 the purposes of the program. 

4 (3) APPLICATION.—An entity seeking funding 

5 or a contract or agreement under this subsection 

6 shall submit to the Secretary an application at such 

7 time, in such manner, and containing such informa8 tion as the Secretary may require. 

9 (c) WIND ENERGY RESEARCH SUBJECT AREAS.— 

10 The program established under subsection (a) shall focus 

11 on the research, development, demonstration, and com12 mercial application of each of the following subject areas: 

13 (1) Wind power plant siting, performance, and 

14 operations including— 

15 (A) wind flows and turbine-to-turbine 

16 interactions; 

17 (B) energy conversion potential; 

18 (C) turbine and wind plant control para19 digms; 

20 (D) turbine and wind plant security; 

21 (E) turbine components; 

22 (F) integrated hybrid plant systems; 

23 (G) wind energy siting and its effects on 

24 wildlife and habitat; and 


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1 (H) siting of wind energy on previously 

2 disturbed lands, including landfills, former 

3 mines, and other areas requiring environmental 

4 management. 

5 (2) New materials and designs related to 

6 blades, rotors, towers and drivetrains including— 

7 (A) higher tip speed rotor designs; 

8 (B) low noise rotor designs; 

9 (C) advanced drivetrain and generator con10 cepts; 

11 (D) modular construction and onsite or 

12 near-site manufacturing and assembly tech13 niques; 

14 (E) sustainable and recyclable materials 

15 and manufacturing systems; 

16 (F) supersized turbine design and installa17 tion approaches; 

18 (G) lightweight materials; and 

19 (H) materials and designs that reduce the 

20 need for and use of energy critical materials. 

21 (3) Offshore wind-specific projects including— 

22 (A) fixed and floating substructure con23 cepts, including technologies and strategies to 

24 minimize potential acoustic disturbances to ma25 rine species; 


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1 (B) projects to assess and mitigate the im2 pacts of hurricane wind flow, freshwater ice, 

3 and other United States-specific conditions; 

4 (C) innovative operations and maintenance 

5 strategies; 

6 (D) analysis of offshore meteorological, ge7 ological, biological, and oceanographic data col8 lection; 

9 (E) offshore infrastructure monitoring; 

10 and 

11 (F) analysis of corrosion and fatigue for 

12 the purpose of extending the design life of off13 shore wind turbine substructures. 

14 (4) Recycling and reuse of wind energy compo15 nents, with special consideration for the recovery 

16 and reuse of energy critical materials, in coordina17 tion with the program under title X of the Clean 

18 Economy Jobs and Innovation Act. 

19 (5) Wind power forecasting and atmospheric 

20 measurement systems, including for turbines and 

21 plant systems of varying height. 

22 (6) Distributed wind-specific projects, includ23 ing— 

24 (A) cost-effective turbine designs, compo25 nents, and manufacturing; and 


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1 (B) microgrid applications. 

2 (7) Advanced transportation mechanisms for 

3 wind turbine components. 

4 (8) Transformational technologies for har5 nessing wind energy, including airborne wind energy 

6 concepts. 

7 (9) Methods to extend the operational lifetime 

8 of onshore and offshore wind turbines and systems. 

9 (10) Storage technologies to address the tran10 sience and intermittency of wind energy resources. 

11 (11) Modeling and simulation tools to more effi12 ciently design, site, permit, manufacture, construct, 

13 operate, maintain, and decommission wind energy 

14 systems. 

15 (12) Other research areas as determined by the 

16 Secretary. 

17 (d) REPORT.— 

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

19 after the date of the enactment of this Act, the Sec20 retary shall submit to the Committee on Science, 

21 Space, and Technology of the House of Representa22 tives and the Committee on Energy and Natural Re23 sources of the Senate a report on the potential for, 

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1 tems to provide a significant source of energy in the 

2 United States. 

3 (2) CONTENTS.—The report under paragraph 

4 (1) shall include a summary of research, develop5 ment, demonstration, and commercial application 

6 needs, including an estimate of Federal funding re7 quirements, to further examine and validate the 

8 technical and economic viability of airborne wind en9 ergy concepts over the 10-year period beginning on 

10 the date of the enactment of this Act. 

11 (e) COORDINATION.—To the maximum extent prac12 ticable, the Secretary shall coordinate activities under the 

13 program established under subsection (a) with other rel14 evant programs and capabilities of the Department of En15 ergy and other Federal research programs. 

16 (f) CONFORMING REPEALS.— 

17 (1) Section 931(a)(2) of the Energy Policy Act 

18 of 2005 (42 U.S.C. 16231(a)(2)) is amended by 

19 striking subparagraph (B) and redesignating sub20 paragraphs (C) through (E) as subparagraphs (A) 

21 through (C). 

22 (2) Section 4(a) of the Renewable Energy and 

23 Energy Efficiency Technology Competitiveness Act 

24 of 1989 (42 U.S.C. 12003(a)) is amended by strik25 ing paragraph (1). 


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1 SEC. 2523. WIND ENERGY DEMONSTRATION AND VALIDA2 TION PROJECTS. 

3 (a) IN GENERAL.—In carrying out the program es4 tablished under section 2522(a), the Secretary shall award 

5 grants on a competitive, merit-reviewed basis to eligible 

6 entities to support activities that demonstrate and validate 

7 new wind energy technologies with the potential to be cost8 competitive for land-based, offshore, and distributed appli9 cations. 

10 (b) APPLICATION.—An eligible entity seeking a grant 

11 under this section shall submit an application in such form 

12 and manner as the Secretary may prescribe and that con13 tains— 

14 (1) a certification that any demonstration or 

15 validation project carried out using grant funds 

16 are— 

17 (A) conducted in collaboration with indus18 try and, as appropriate, with institutions of 

19 higher education and other Federal research 

20 programs; and 

21 (B) of sufficient size and geographic diver22 sity to measure wind energy system perform23 ance under the full productive range of wind 

24 conditions in the United States; and 

25 (2) such other information as the Secretary 

26 may require. 


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1 (c) FACILITY FOR HYBRID ENERGY SYSTEM RE2 SEARCH AND DEMONSTRATION PROJECTS.—In carrying 

3 out the program established under subsection (a), the Sec4 retary shall support a facility to conduct research, develop5 ment, demonstration, and commercial application projects 

6 for wind turbines and plants in hybrid energy systems that 

7 incorporate diverse generation sources, loads, and storage 

8 technologies. 

9 (d) OFFSHORE RESEARCH FACILITY.—In carrying 

10 out the program established under subsection (a), the Sec11 retary shall establish a facility to conduct research, devel12 opment, demonstration, and commercial application 

13 projects for ocean and atmospheric resource characteriza14 tion relevant to offshore wind energy development in co15 ordination with the ocean and atmospheric science com16 munities. The facility shall be an offshore area used to 

17 evaluate, test, and advance atmospheric, oceanic, biologic, 

18 and geologic monitoring technologies that improve off19 shore wind energy development, including the generation 

20 of benchmark data sets for testing offshore wind energy 

21 technologies and informing how such technologies can be 

22 financed, insured, and regulated. 

23 (e) OFFSHORE SUPPORT STRUCTURE TESTING FA24 CILITY.—In carrying out the program established under 

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1 duct research, development, demonstration, and commer2 cial application projects for large-scale and full-scale off3 shore wind energy support structure components and sys4 tems. 

5 SEC. 2524. WIND ENERGY INCUBATOR FUNDING. 

6 In carrying out the program established under section 

7 2522(a), the Secretary shall support, in accordance with 

8 section 2522(b), incubators advancing innovative tech9 nologies that are not represented in a significant way in— 

10 (1) the portfolio of wind energy research activi11 ties carried out by the Department of Energy as of 

12 the date of the enactment of this Act; or 

13 (2) technology roadmaps used by the Depart14 ment of Energy as of such date of enactment. 

15 SEC. 2525. MITIGATING REGULATORY AND MARKET BAR16 RIERS. 

17 (a) IN GENERAL.—In carrying out the program es18 tablished under section 2522(a), the Secretary shall re19 search, develop, test, and evaluate, in accordance with sec20 tion 2522(b), ways to reduce regulatory and market bar21 riers to the widespread adoption of wind power, includ22 ing— 

23 (1) grid transmission and integration chal24 lenges; and 


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1 (2) siting and permitting issues associated with 

2 the potential impacts of wind power systems on wild3 life, radar systems (including for air traffic control, 

4 air defense, and weather detection), local commu5 nities, military operations, and airspace. 

6 (b) WILDLIFE IMPACT MITIGATION.—In carrying out 

7 the activities described in subsection (a), the Secretary 

8 shall support the research, development, demonstration, 

9 and commercial application of wildlife impact mitigation 

10 technologies or strategies to avoid, minimize, and offset 

11 the potential impacts of wind energy facilities on— 

12 (1) bald and golden eagles; 

13 (2) bat species; 

14 (3) marine wildlife; and 

15 (4) other sensitive species and habitats. 

16 (c) EDUCATION AND OUTREACH.—In carrying out 

17 the activities described in subsection (a), the Secretary 

18 shall support education and outreach activities, with a 

19 focus on low-income and disadvantaged communities, to 

20 disseminate information and promote public under21 standing of wind technologies and the wind energy work22 force, including through the Collegiate Wind Competition. 

23 (d) TECHNICAL ASSISTANCE AND WORKFORCE DE24 VELOPMENT.—In carrying out the program established 

25 under section 2522(a), the Secretary shall also conduct, 


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1 for purposes of supporting technical, non-hardware, and 

2 information based advances in wind energy systems’ devel3 opment and operation, including activities expanding ac4 cess to wind energy for low-income individuals and dis5 advantaged individuals and communities— 

6 (1) technical assistance and analysis activities 

7 with eligible entities; and 

8 (2) workforce development and training activi9 ties, including— 

10 (A) activities that support the dissemina11 tion of standards and best practices for ena12 bling wind power production; and 

13 (B) through the use of proven techniques 

14 to expand the number of individuals from 

15 underrepresented groups pursuing and attain16 ing skills relevant to wind energy. 

17 SEC. 2526. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated to the Sec19 retary to carry out this part— 

20 (1) $163,800,000 for fiscal year 2021; 

21 (2) $171,990,000 for fiscal year 2022; 

22 (3) $180,589,500 for fiscal year 2023; 

23 (4) $189,618,975 for fiscal year 2024; and 

24 (5) $199,099,923 for fiscal year 2025. 


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1 PART 3—ADVANCED GEOTHERMAL RESEARCH 

2 AND DEVELOPMENT 

3 SEC. 2541. DEFINITIONS. 

4 Section 612 of the Energy Independence and Security 

5 Act of 2007 (42 U.S.C. 17191) is amended— 

6 (1) by amending paragraph (1) to read as fol7 lows: 

8 ‘‘(1) ENGINEERED.—When referring to en9 hanced geothermal systems, the term ‘engineered’ 

10 means designed to access subsurface heat, including 

11 stimulation and nonstimulation technologies to ad12 dress one or more of the following issues: 

13 ‘‘(A) Lack of effective permeability, poros14 ity or open fracture connectivity within the heat 

15 reservoir. 

16 ‘‘(B) Insufficient contained geofluid in the 

17 heat reservoir. 

18 ‘‘(C) A low average geothermal gradient 

19 which necessitates deeper drilling, or the use of 

20 alternative heat sources or heat generation 

21 processes.’’; 

22 (2) by redesignating paragraphs (2) through 

23 (7) as paragraphs (3) through (8), respectively; 

24 (3) by adding after paragraph (1) the following: 

25 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en26 tity’ means any of the following entities: 


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1 ‘‘(A) An institution of higher education. 

2 ‘‘(B) A National laboratory. 

3 ‘‘(C) A Federal research agency. 

4 ‘‘(D) A State research agency. 

5 ‘‘(E) A nonprofit research organization. 

6 ‘‘(F) An industrial entity. 

7 ‘‘(G) A consortium of 2 or more entities 

8 described in subparagraphs (A) through (F).’’; 

9 and 

10 (4) by adding at the end the following: 

11 ‘‘(9) INSTITUTION OF HIGHER EDUCATION.— 

12 The term ‘institution of higher education’ has the 

13 meaning given such term in section 101 of the High14 er Education Act of 1965 (20 U.S.C 1001).’’. 

15 SEC. 2542. HYDROTHERMAL RESEARCH AND DEVELOP16 MENT. 

17 Section 613 of the Energy Independence and Security 

18 Act of 2007 (42 U.S.C. 17192) is amended to read as 

19 follows: 

20 ‘‘SEC. 613. HYDROTHERMAL RESEARCH AND DEVELOP21 MENT. 

22 ‘‘(a) IN GENERAL.—The Secretary shall carry out a 

23 program of research, development, demonstration, and 

24 commercial application for geothermal energy production 

25 from hydrothermal systems. 


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1 ‘‘(b) PROGRAMS.—The program authorized in sub2 section (a) shall include the following: 

3 ‘‘(1) ADVANCED HYDROTHERMAL RESOURCE

4 TOOLS.—The research and development of advanced 

5 geologic tools to assist in locating hydrothermal re6 sources, and to increase the reliability of site charac7 terization, including the development of new imaging 

8 and sensing technologies and techniques to assist in 

9 prioritization of targets for characterization; 

10 ‘‘(2) EXPLORATORY DRILLING FOR GEO11 THERMAL RESOURCES.—The demonstration of ad12 vanced technologies and techniques of siting and ex13 ploratory drilling for undiscovered resources in a va14 riety of geologic settings, carried out in collaboration 

15 with industry partners that will assist in the acquisi16 tion of high quality data sets relevant for hydro17 thermal subsurface characterization activities.’’. 

18 SEC. 2543. GENERAL GEOTHERMAL SYSTEMS RESEARCH 

19 AND DEVELOPMENT. 

20 Section 614 of the Energy Independence and Security 

21 Act of 2007 (42 U.S.C. 17193) is amended to read as 

22 follows: 


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1 ‘‘SEC. 614. GENERAL GEOTHERMAL SYSTEMS RESEARCH 

2 AND DEVELOPMENT. 

3 ‘‘(a) SUBSURFACE COMPONENTS AND SYSTEMS.— 

4 The Secretary shall support a program of research, devel5 opment, demonstration, and commercial application of 

6 components and systems capable of withstanding geo7 thermal environments and necessary to develop, produce, 

8 and monitor geothermal reservoirs and produce geo9 thermal energy. 

10 ‘‘(b) ENVIRONMENTAL IMPACTS.—The Secretary 

11 shall— 

12 ‘‘(1) support a program of research, develop13 ment, demonstration, and commercial application of 

14 technologies and practices designed to mitigate or 

15 preclude potential adverse environmental impacts of 

16 geothermal energy development, production or use; 

17 and 

18 ‘‘(2) support a research program to identify po19 tential environmental impacts, including induced 

20 seismicity, and environmental benefits of geothermal 

21 energy development, production, and use, and ensure 

22 that the program described in paragraph (1) ad23 dresses such impacts, including water use and ef24 fects on groundwater and local hydrology; 

25 ‘‘(3) support a program of research to compare 

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1 mental benefits identified as part of the develop2 ment, production, and use of geothermal energy with 

3 the potential emission reductions of greenhouse 

4 gases gained by geothermal energy development, 

5 production, and use; and 

6 ‘‘(4) in carrying out this section, the Secretary 

7 shall, to the maximum extent practicable, consult 

8 with relevant federal agencies, including the Envi9 ronmental Protection Agency. 

10 ‘‘(c) RESERVOIR THERMAL ENERGY STORAGE.—The 

11 Secretary shall support a program of research, develop12 ment, and demonstration of reservoir thermal energy stor13 age, emphasizing cost-effective improvements through 

14 deep direct use engineering, design, and systems research. 

15 ‘‘(d) OIL AND GAS TECHNOLOGY TRANSFER INITIA16 TIVE.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall sup18 port an initiative among the Office of Fossil Energy, 

19 the Office of Energy Efficiency and Renewable En20 ergy, and the private sector to research, develop, and 

21 demonstrate relevant advanced technologies and op22 eration techniques used in the oil and gas sector for 

23 use in geothermal energy development. 

24 ‘‘(2) PRIORITIES.—In carrying out paragraph 

25 (1), the Secretary shall prioritize technologies with 


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1 the greatest potential to significantly increase the 

2 use and lower the cost of geothermal energy in the 

3 United States, including the cost and speed of geo4 thermal drilling surface technologies, and well con5 struction. 

6 ‘‘(e) COPRODUCTION OF GEOTHERMAL ENERGY AND

7 MINERALS PRODUCTION RESEARCH AND DEVELOPMENT

8 INITIATIVE.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall carry 

10 out a research and development initiative under 

11 which the Secretary shall award grants to dem12 onstrate the coproduction of critical minerals from 

13 geothermal resources. 

14 ‘‘(2) REQUIREMENTS.—An award made under 

15 paragraph (1) shall— 

16 ‘‘(A) improve the cost effectiveness of re17 moving minerals from geothermal brines as part 

18 of the coproduction process; 

19 ‘‘(B) increase recovery rates of the tar20 geted mineral commodity; 

21 ‘‘(C) decrease water use and other environ22 mental impacts, as determined by the Sec23 retary; and 

24 ‘‘(D) demonstrate a path to commercial vi25 ability. 


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1 ‘‘(f) FLEXIBLE OPERATIONS.—The Secretary shall 

2 support a research initiative on flexible operation of geo3 thermal power plants. 

4 ‘‘(g) HYBRID ENERGY SYSTEMS.—The Secretary 

5 shall identify opportunities for joint research, develop6 ment, and demonstration programs between geothermal 

7 systems and other energy generation or storage systems.’’. 

8 SEC. 2544. ENHANCED GEOTHERMAL SYSTEMS RESEARCH 

9 AND DEVELOPMENT. 

10 Section 615 of the Energy Independence and Security 

11 Act of 2007 (42 U.S.C. 17194) is amended to read as 

12 follows: 

13 ‘‘SEC. 615. ENHANCED GEOTHERMAL SYSTEMS RESEARCH 

14 AND DEVELOPMENT. 

15 ‘‘(a) IN GENERAL.—The Secretary shall support a 

16 program of research, development, demonstration, and 

17 commercial application for enhanced geothermal systems, 

18 including the programs described in subsection (b). 

19 ‘‘(b) ENHANCED GEOTHERMAL SYSTEMS TECH20 NOLOGIES.—In collaboration with industry partners, insti21 tutions of higher education, and the national laboratories, 

22 the Secretary shall support a program of research, devel23 opment, demonstration, and commercial application of the 

24 technologies to achieve higher efficiency and lower cost en25 hanced geothermal systems, including— 


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1 ‘‘(1) reservoir stimulation; 

2 ‘‘(2) drilled, non-stimulated (e.g. closed-loop) 

3 reservoir technologies; 

4 ‘‘(3) reservoir characterization, monitoring, and 

5 modeling and understanding of the surface area and 

6 volume of fractures; 

7 ‘‘(4) stress and fracture mapping including real 

8 time monitoring and modeling; 

9 ‘‘(5) tracer development; 

10 ‘‘(6) three and four-dimensional seismic imag11 ing and tomography; 

12 ‘‘(7) well placement and orientation; 

13 ‘‘(8) long-term reservoir management; 

14 ‘‘(9) drilling technologies, methods, and tools; 

15 ‘‘(10) improved exploration tools; 

16 ‘‘(11) zonal isolation; and 

17 ‘‘(12) understanding induced seismicity risks 

18 from reservoir engineering and stimulation. 

19 ‘‘(c) FRONTIER OBSERVATORY FOR RESEARCH IN

20 GEOTHERMAL ENERGY.—The Secretary shall support the 

21 establishment and construction of up to 3 field research 

22 sites, which shall each be known as a ‘Frontier Observ23 atory for Research in Geothermal Energy’ or ‘FORGE’ 

24 site to develop, test, and enhance techniques and tools for 

25 enhanced geothermal energy. 


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1 ‘‘(1) DUTIES.—The Secretary shall— 

2 ‘‘(A) award grants in support of research 

3 and development projects focused on advanced 

4 monitoring technologies, new technologies and 

5 approaches for implementing multi-zone stimu6 lations, nonstimulation techniques, and dynamic 

7 reservoir modeling that incorporates all avail8 able high-fidelity characterization data; and 

9 ‘‘(B) seek opportunities to coordinate ef10 forts and share information with domestic and 

11 international partners engaged in research and 

12 development of geothermal systems and related 

13 technology, including coordination between 

14 FORGE sites. 

15 ‘‘(2) SITE SELECTION.—Of the FORGE sites 

16 referred to in paragraph (1), the Secretary shall— 

17 ‘‘(A) consider applications through a com18 petitive, merit-reviewed process, from National 

19 Laboratories, multi-institutional collaborations, 

20 institutes of higher education and other appro21 priate entities best suited to provide national 

22 leadership on geothermal related issues and 

23 perform the duties enumerated under this sub24 section; and 


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1 ‘‘(B) prioritize existing field sites and fa2 cilities with capabilities relevant to the duties 

3 enumerated under this subsection. 

4 ‘‘(3) EXISTING FORGE SITES.—A FORGE site 

5 already in existence on the date of enactment of this 

6 Act may continue to receive support. 

7 ‘‘(4) FUNDING.—Out of funds authorized to be 

8 appropriated under section 623, there shall be made 

9 available to the Secretary to carry out the FORGE 

10 activities under this paragraph— 

11 ‘‘(A) $45,000,000 for fiscal year 2021; 

12 ‘‘(B) $55,000,000 for fiscal year 2022; 

13 ‘‘(C) $65,000,000 for fiscal year 2023; 

14 ‘‘(D) $70,000,000 for fiscal year 2024; 

15 and 

16 ‘‘(E) $70,000,000 for fiscal year 2025. 

17 In carrying out this section, the Secretary shall con18 sider the balance between funds dedicated to con19 struction and operations and research activities to 

20 reflect the state of site development. 

21 ‘‘(d) ENHANCED GEOTHERMAL SYSTEMS DEM22 ONSTRATIONS.— 

23 ‘‘(1) IN GENERAL.—Beginning on the date of 

24 enactment of this section, the Secretary, in collabo25 ration with industry partners, institutions of higher 


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1 education, and the national laboratories, shall sup2 port an initiative for demonstration of enhanced geo3 thermal systems for power production or direct use. 

4 ‘‘(2) PROJECTS.— 

5 ‘‘(A) IN GENERAL.—Under the initiative 

6 described in paragraph (1), demonstration 

7 projects shall be carried out in locations that 

8 are commercially viable for enhanced geo9 thermal systems development, while also consid10 ering environmental impacts to the maximum 

11 extent practicable, as determined by the Sec12 retary. 

13 ‘‘(B) REQUIREMENTS.—Demonstration 

14 projects under subparagraph (A) shall— 

15 ‘‘(i) collectively demonstrate— 

16 ‘‘(I) different geologic settings, 

17 such as hot sedimentary aquifers, lay18 ered geologic systems, supercritical 

19 systems, and basement rock systems; 

20 and 

21 ‘‘(II) a variety of development 

22 techniques, including open hole and 

23 cased hole completions, differing well 

24 orientations, and stimulation and non25 stimulation mechanisms; and 


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1 ‘‘(ii) to the extent practicable, use ex2 isting sites where subsurface characteriza3 tion or geothermal energy integration anal4 ysis has been conducted. 

5 ‘‘(C) EASTERN DEMONSTRATION.—Not 

6 fewer than 1 of the demonstration projects car7 ried out under subparagraph (A) shall be lo8 cated an area east of the Mississippi that is 

9 suitable for enhanced geothermal demonstration 

10 for power, heat, or a combination of power and 

11 heat.’’. 

12 SEC. 2545. GEOTHERMAL HEAT PUMPS AND DIRECT USE. 

13 (a) IN GENERAL.—Title VI of the Energy Independ14 ence and Security Act of 2007 is amended by inserting 

15 after section 616 (42 U.S.C. 17195) the following: 

16 ‘‘SEC. 616A. GEOTHERMAL HEAT PUMPS AND DIRECT USE 

17 RESEARCH AND DEVELOPMENT. 

18 ‘‘(a) PURPOSES.—The purposes of this section are— 

19 ‘‘(1) to improve the understanding of related 

20 earth sciences, components, processes, and systems 

21 used for geothermal heat pumps and the direct use 

22 of geothermal energy; and 

23 ‘‘(2) to increase the energy efficiency, lower the 

24 cost, increase the use, and improve and demonstrate 


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1 the effectiveness of geothermal heat pumps and the 

2 direct use of geothermal energy. 

3 ‘‘(b) DEFINITIONS.—In this section: 

4 ‘‘(1) DIRECT USE OF GEOTHERMAL ENERGY.— 

5 The term ‘direct use of geothermal energy’ means 

6 geothermal systems that use water directly or 

7 through a heat exchanger to provide— 

8 ‘‘(A) heating and cooling to buildings, com9 mercial districts, residential communities, and 

10 large municipal, or industrial projects; or 

11 ‘‘(B) heat required for industrial processes, 

12 agriculture, aquaculture, and other facilities. 

13 ‘‘(2) ECONOMICALLY DISTRESSED AREA.—The 

14 term ‘economically distressed area’ means an area 

15 described in section 301(a) of the Public Works and 

16 Economic Development Act of 1965 (42 U.S.C. 

17 3161(a)). 

18 ‘‘(3) GEOTHERMAL HEAT PUMP.—The term 

19 ‘geothermal heat pump’ means a system that pro20 vides heating and cooling by exchanging heat from 

21 shallow geology, groundwater, or surface water 

22 using— 

23 ‘‘(A) a closed loop system, which transfers 

24 heat by way of buried or immersed pipes that 

25 contain a mix of water and working fluid; or 


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1 ‘‘(B) an open loop system, which circulates 

2 ground or surface water directly into the build3 ing and returns the water to the same aquifer 

4 or surface water source. 

5 ‘‘(c) PROGRAM.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall sup7 port within the Geothermal Technologies Office a 

8 program of research, development, and demonstra9 tion for geothermal heat pumps and the direct use 

10 of geothermal energy. 

11 ‘‘(2) AREAS.—The program under paragraph 

12 (1) may include research, development, demonstra13 tion, and commercial application of— 

14 ‘‘(A) geothermal ground loop efficiency im15 provements, cost reductions, and improved in16 stallation and operations methods; 

17 ‘‘(B) the use of geothermal energy for 

18 building-scale energy storage; 

19 ‘‘(C) the use of geothermal energy as a 

20 grid management resource or seasonal energy 

21 storage; 

22 ‘‘(D) geothermal heat pump efficiency im23 provements; 

24 ‘‘(E) the use of alternative fluids as a heat 

25 exchange medium, such as hot water found in 


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1 mines and mine shafts, graywater, or other 

2 fluids that may improve the economics of geo3 thermal heat pumps; 

4 ‘‘(F) heating of districts, neighborhoods, 

5 communities, large commercial or public build6 ings, and industrial and manufacturing facili7 ties; 

8 ‘‘(G) the use of low temperature ground9 water for direct use; and 

10 ‘‘(H) system integration of direct use with 

11 geothermal electricity production. 

12 ‘‘(3) ENVIRONMENTAL IMPACTS.—In carrying 

13 out the program, the Secretary shall identify and 

14 mitigate potential environmental impacts in accord15 ance with section 614(c). 

16 ‘‘(d) GRANTS.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall carry 

18 out the program established in subsection (c) by 

19 making grants available to State, local, and Tribal 

20 governments, institutions of higher education, non21 profit entities, National Laboratories, utilities, and 

22 for-profit companies. 

23 ‘‘(2) PRIORITY.—In making grants under this 

24 subsection, the Secretary may give priority to pro25 posals that apply to large buildings, commercial disVerDate Sep 11 2014 00:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00318 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.RFS H4447

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1 tricts, and residential communities that are located 

2 in economically distressed areas and areas that the 

3 Secretary determines to have high economic poten4 tial for geothermal district heating based on the re5 port, ‘Geovision: Harnessing the Heat Beneath our 

6 Feet’ published by the Department in 2019, or a 

7 successor report.’’. 

8 (b) CONFORMING AMENDMENT.—Section 1(b) of the 

9 Energy Independence and Security Act of 2007 (42 

10 U.S.C. 17001 note) is amended in the table of contents 

11 by inserting after the item relating to section 616 the fol12 lowing: 

‘‘616A. Geothermal heat pumps and direct use research and development.’’. 

13 SEC. 2546. COST SHARING AND PROPOSAL EVALUATION. 

14 Section 617(b) of the Energy Independence and Se15 curity Act of 2007 (42 U.S.C. 17196) is amended by strik16 ing paragraph (2) and redesignating paragraphs (3) and 

17 (4) as paragraphs (2) and (3), respectively. 

18 SEC. 2547. ADVANCED GEOTHERMAL COMPUTING AND 

19 DATA SCIENCE RESEARCH AND DEVELOP20 MENT. 

21 (a) IN GENERAL.—Section 618 of the Energy Inde22 pendence and Security Act of 2007 (42 U.S.C. 17197) is 

23 amended to read as follows: 


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1 ‘‘SEC. 618. ADVANCED GEOTHERMAL COMPUTING AND 

2 DATA SCIENCE RESEARCH AND DEVELOP3 MENT. 

4 ‘‘(a) IN GENERAL.—The Secretary shall carry out a 

5 program of research and development of advanced com6 puting and data science tools for geothermal energy. 

7 ‘‘(b) PROGRAMS.—The program authorized in sub8 section (a) shall include the following: 

9 ‘‘(1) ADVANCED COMPUTING FOR GEOTHERMAL

10 SYSTEMS TECHNOLOGIES.—Research, development, 

11 and demonstration of technologies to develop ad12 vanced data, machine learning, artificial intelligence, 

13 and related computing tools to assist in locating geo14 thermal resources, to increase the reliability of site 

15 characterization, to increase the rate and efficiency 

16 of drilling, to improve induced seismicity mitigation, 

17 and to support enhanced geothermal systems tech18 nologies. 

19 ‘‘(2) GEOTHERMAL SYSTEMS RESERVOIR MOD20 ELING.—Research, development, and demonstration 

21 of models of geothermal reservoir performance and 

22 enhanced geothermal systems reservoir stimulation 

23 technologies and techniques, with an emphasis on 

24 accurately modeling fluid and heat flow, permeability 

25 evolution, geomechanics, geochemistry, seismicity, 


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1 and operational performance over time, including 

2 collaboration with industry and field validation. 

3 ‘‘(c) COORDINATION.—In carrying out these pro4 grams, the Secretary shall ensure coordination and con5 sultation with the Department of Energy’s Office of 

6 Science. The Secretary shall ensure, to the maximum ex7 tent practicable, coordination of these activities with the 

8 Department of Energy National Laboratories, institutes 

9 of higher education, and the private sector.’’. 

10 (b) CONFORMING AMENDMENT.—Section 1(b) of the 

11 Energy Independence and Security Act of 2007 (42 

12 U.S.C. 17001 note) is amended in the table of contents 

13 by amending the item related to section 618 to read as 

14 follows: 

‘‘Sec. 618. Advanced geothermal computing and data science research and development.’’. 

15 SEC. 2548. GEOTHERMAL WORKFORCE DEVELOPMENT. 

16 (a) IN GENERAL.—Section 619 of the Energy Inde17 pendence and Security Act of 2007 (42 U.S.C. 17198) is 

18 amended to read as follows: 

19 ‘‘SEC. 619. GEOTHERMAL WORKFORCE DEVELOPMENT. 

20 ‘‘The Secretary shall support the development of a 

21 geothermal energy workforce through a program that— 

22 ‘‘(1) facilitates collaboration between university 

23 students and researchers at the national labora24 tories; and 


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1 ‘‘(2) prioritizes science in areas relevant to the 

2 mission of the Department through the application 

3 of geothermal energy tools and technologies.’’. 

4 (b) CONFORMING AMENDMENT.—Section 1(b) of the 

5 Energy Independence and Security Act of 2007 (42 

6 U.S.C. 17001 note) is amended in the table of contents 

7 by amending the item related to section 619 to read as 

8 follows: 

‘‘Sec. 619. Geothermal workforce development.’’. 

9 SEC. 2549. ORGANIZATION AND ADMINISTRATION OF PRO10 GRAMS. 

11 Section 621 of the Energy Independence and Security 

12 Act of 2007 (42 U.S.C. 17200) is amended to read as 

13 follows: 

14 ‘‘SEC. 621. ORGANIZATION AND ADMINISTRATION OF PRO15 GRAMS. 

16 ‘‘(a) EDUCATION AND OUTREACH.—In carrying out 

17 the activities described in this subtitle, the Secretary shall 

18 support education and outreach activities to disseminate 

19 information on geothermal energy technologies and the 

20 geothermal energy workforce, including activities at the 

21 Frontier Observatory for Research in Geothermal Energy 

22 site or sites. 

23 ‘‘(b) TECHNICAL ASSISTANCE.—In carrying out this 

24 subtitle, the Secretary shall also conduct technical assist25 ance and analysis activities with eligible entities for the 


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1 purpose of supporting the commercial application of ad2 vances in geothermal energy systems development and op3 erations, which may include activities that support ex4 panding access to advanced geothermal energy tech5 nologies for rural, Tribal, and low-income communities. 

6 ‘‘(c) REPORT.—Every 5 years after the date of enact7 ment of this section, the Secretary shall report to the 

8 Committee on Science and Technology of the House of 

9 Representatives and the Committee on Energy and Nat10 ural Resources of the Senate on advanced concepts and 

11 technologies to maximize the geothermal resource poten12 tial of the United States. 

13 ‘‘(d) PROGRESS REPORTS.—Not later than 1 year 

14 after the date of enactment of this section, and every 2 

15 years thereafter, the Secretary shall submit to the Com16 mittee on Science and Technology of the House of Rep17 resentatives and the Committee on Energy and Natural 

18 Resources of the Senate a report on the results of projects 

19 undertaken under this part and other such information 

20 the Secretary considers appropriate.’’. 

21 SEC. 2550. REPEALS. 

22 (a) IN GENERAL.—Subtitle B of title VI of the En23 ergy Independence and Security Act of 2007 (42 U.S.C. 

24 17191 et seq.) is amended by striking section 620. 


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1 (b) CONFORMING AMENDMENT.—Section 1(b) of the 

2 Energy Independence and Security Act of 2007 (42 

3 U.S.C. 17001 note) is amended in the table of contents 

4 by striking the item related to section 620. 

5 SEC. 2551. AUTHORIZATION OF APPROPRIATIONS. 

6 Section 623 of the Energy Independence and Security 

7 Act of 2007 (42 U.S.C. 17202) is amended to read as 

8 follows: 

9 ‘‘SEC. 623. AUTHORIZATION OF APPROPRIATIONS. 

10 ‘‘There are authorized to be appropriated to the Sec11 retary to carry out the programs under this subtitle— 

12 ‘‘(1) $182,062,500 for fiscal year 2021; 

13 ‘‘(2) $199,125,000 for fiscal year 2022; 

14 ‘‘(3) $216,187,500 for fiscal year 2023; 

15 ‘‘(4) $225,750,000 for fiscal year 2024; and 

16 ‘‘(5) $227,812,500 for fiscal year 2025.’’. 

17 SEC. 2552. INTERNATIONAL GEOTHERMAL ENERGY DEVEL18 OPMENT. 

19 Section 624 of the Energy Independence and Security 

20 Act of 2007 (42 U.S.C. 17203) is amended— 

21 (1) by amending subsection (a) to read as fol22 lows: 

23 ‘‘(a) IN GENERAL.—The Secretary of Energy, in co24 ordination with other appropriate Federal and multilateral 

25 agencies (including the United States Agency for InterVerDate Sep 11 2014 00:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00324 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.RFS H4447

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1 national Development) shall support collaborative efforts 

2 with international partners to promote the research, devel3 opment, and demonstration of geothermal technologies 

4 used to develop hydrothermal and enhanced geothermal 

5 system resources.’’; and 

6 (2) by striking subsection (c). 

7 SEC. 2553. REAUTHORIZATION OF HIGH COST REGION GEO8 THERMAL ENERGY GRANT PROGRAM. 

9 Section 625 of the Energy Independence and Security 

10 Act of 2007 (42 U.S.C. 17204) is amended— 

11 (1) in subsection (a)(2), by inserting ‘‘ or heat’’ 

12 after ‘‘electrical power’’; and 

13 (2) by amending subsection (e) to read as fol14 lows: 

15 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—Out of 

16 funds authorized under section 623, there is authorized 

17 to be appropriated to carry out this section $5,000,000 

18 for each of fiscal years 2021 through 2025.’’. 

19 PART 4—WATER POWER RESEARCH AND 

20 DEVELOPMENT 

21 SEC. 2561. WATER POWER RESEARCH AND DEVELOPMENT. 

22 (a) IN GENERAL.—Subtitle C of title VI of the En23 ergy Independence and Security Act of 2007 (42 U.S.C. 

24 17211 et seq.) is amended to read as follows: 


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1 ‘‘Subtitle C—Water Power 

2 Research and Development 

3 ‘‘SEC. 632. DEFINITIONS. 

4 ‘‘In this subtitle: 

5 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en6 tity’ means any of the following entities: 

7 ‘‘(A) An institution of higher education. 

8 ‘‘(B) A National Laboratory. 

9 ‘‘(C) A Federal research agency. 

10 ‘‘(D) A State research agency. 

11 ‘‘(E) A nonprofit research organization. 

12 ‘‘(F) An industrial entity or a multi-insti13 tutional consortium thereof. 

14 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— 

15 The term ‘institution of higher education’ has the 

16 meaning given such term in section 101 of the High17 er Education Act of 1965 (20 U.S.C. 1001). 

18 ‘‘(3) MARINE ENERGY.—The term ‘marine en19 ergy’ means energy from— 

20 ‘‘(A) waves, tides, and currents in oceans, 

21 estuaries, and tidal areas; 

22 ‘‘(B) free flowing water in rivers, lakes, 

23 streams, and man-made channels; 

24 ‘‘(C) differentials in salinity and pressure 

25 gradients; and 


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1 ‘‘(D) differentials in water temperature, in2 cluding ocean thermal energy conversion. 

3 ‘‘(4) NATIONAL LABORATORY.—The term ‘Na4 tional Laboratory’ has the meaning given such term 

5 in section 2(3) of the Energy Policy Act of 2005 (42 

6 U.S.C. 15801(3)). 

7 ‘‘(5) WATER POWER.—The term ‘water power’ 

8 refers to hydropower, including conduit power, 

9 pumped storage, and marine energy technologies. 

10 ‘‘(6) MICROGRID.—The term ‘microgrid’ has 

11 the meaning given such term in section 641 of the 

12 Energy Independence and Security Act of 2007 (42 

13 U.S.C. 17231). 

14 ‘‘SEC. 633. WATER POWER TECHNOLOGY RESEARCH, DE15 VELOPMENT, AND DEMONSTRATION. 

16 ‘‘The Secretary shall carry out a program to conduct 

17 research, development, demonstration, and commercial ap18 plication of water power technologies in support of each 

19 of the following purposes: 

20 ‘‘(1) To promote research, development, dem21 onstration, and commercial application of water 

22 power generation technologies in order to increase 

23 capacity and reduce the cost of those technologies. 


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1 ‘‘(2) To promote research and development to 

2 improve the environmental impact of water power 

3 technologies. 

4 ‘‘(3) To provide grid reliability and resilience, 

5 including through technologies that facilitate new 

6 market opportunities, such as ancillary services, for 

7 water power. 

8 ‘‘(4) To promote the development of water 

9 power technologies to improve economic growth and 

10 enhance cross-institutional foundational workforce 

11 development in the water power sector, including in 

12 coastal communities. 

13 ‘‘SEC. 634. HYDROPOWER RESEARCH, DEVELOPMENT, AND 

14 DEMONSTRATION. 

15 ‘‘The Secretary shall conduct a program of research, 

16 development, demonstration, and commercial application 

17 for technologies that improve the capacity, efficiency, resil18 ience, security, reliability, affordability, and environmental 

19 impact, including potential cumulative environmental im20 pacts, of hydropower systems. In carrying out such pro21 gram, the Secretary shall prioritize activities designed 

22 to— 

23 ‘‘(1) develop technology for— 

24 ‘‘(A) non-powered dams, including aging 

25 and potentially hazardous dams; 


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1 ‘‘(B) pumped storage; 

2 ‘‘(C) constructed waterways; 

3 ‘‘(D) new stream-reach development; 

4 ‘‘(E) modular and small dams; 

5 ‘‘(F) increased operational flexibility; and 

6 ‘‘(G) enhancement of relevant existing fa7 cilities; 

8 ‘‘(2) develop new strategies and technologies, 

9 including analytical methods, physical and numerical 

10 tools, and advanced computing, as well as methods 

11 to validate such methods and tools, in order to— 

12 ‘‘(A) extend the operational lifetime of hy13 dropower systems and their physical structures, 

14 while improving environmental impact, includ15 ing potential cumulative environmental impacts; 

16 ‘‘(B) assist in device and system design, 

17 installation, operation, and maintenance; and 

18 ‘‘(C) reduce costs, limit outages, and in19 crease unit and plant efficiencies, including by 

20 examining the impact of changing water and 

21 electricity demand on hydropower generation, 

22 flexibility, and provision of grid services; 

23 ‘‘(3) study, in conjunction with other relevant 

24 Federal agencies as appropriate, methods to improve 

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1 piling current and accepted best practices, public 

2 comments, and methodologies to assess the full 

3 range of potential environmental and economic im4 pacts; 

5 ‘‘(4) identify opportunities for joint research, 

6 development, and demonstration programs between 

7 hydropower systems, which may include— 

8 ‘‘(A) pumped storage systems and other 

9 renewable energy systems; 

10 ‘‘(B) small hydro facilities and other en11 ergy storage systems; 

12 ‘‘(C) other hybrid energy systems; 

13 ‘‘(D) small hydro facilities and critical in14 frastructure, including water infrastructure; 

15 and 

16 ‘‘(E) hydro facilities and responsive load 

17 technologies, which may include smart buildings 

18 and city systems; 

19 ‘‘(5) improve the reliability of hydropower tech20 nologies, including during extreme weather events; 

21 ‘‘(6) develop methods and technologies to im22 prove environmental impact, including potential cu23 mulative environmental impacts, of hydropower and 

24 pumped storage technologies, including potential im25 pacts on wildlife, such as— 


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1 ‘‘(A) fisheries; 

2 ‘‘(B) aquatic life and resources; 

3 ‘‘(C) navigation of waterways; and 

4 ‘‘(D) upstream and downstream environ5 mental conditions, including sediment move6 ment, water quality, and flow volumes; 

7 ‘‘(7) identify ways to increase power generation 

8 by— 

9 ‘‘(A) diversifying plant configuration op10 tions; 

11 ‘‘(B) improving pump-back efficiencies; 

12 ‘‘(C) investigating multi-phase systems; 

13 ‘‘(D) developing, testing, and monitoring 

14 advanced generators with faster cycling times, 

15 variable speeds, and improved efficiencies; 

16 ‘‘(E) developing, testing, and monitoring 

17 advanced turbines capable of improving environ18 mental impact, including potential cumulative 

19 environmental impacts, including small turbine 

20 designs; 

21 ‘‘(F) developing standardized powertrain 

22 components; 

23 ‘‘(G) developing components with advanced 

24 materials and manufacturing processes, includ25 ing additive manufacturing; and 


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1 ‘‘(H) developing analytical tools that en2 able hydropower to provide grid services that, 

3 amongst other services, improve grid integra4 tion of other energy sources; 

5 ‘‘(8) advance new pumped storage technologies, 

6 including— 

7 ‘‘(A) systems with adjustable speed and 

8 other new pumping and generating equipment 

9 designs; 

10 ‘‘(B) modular systems; 

11 ‘‘(C) alternative closed-loop systems, in12 cluding mines and quarries; and 

13 ‘‘(D) other innovative equipment and ma14 terials as determined by the Secretary; 

15 ‘‘(9) reduce civil works costs and construction 

16 times for hydropower and pumped storage systems, 

17 including comprehensive data and systems analysis 

18 of hydropower and pumped storage construction 

19 technologies and processes in order to identify areas 

20 for whole-system efficiency gains; 

21 ‘‘(10) advance efficient and reliable integration 

22 of hydropower and pumped storage systems with the 

23 electric grid by— 

24 ‘‘(A) improving methods for operational 

25 forecasting of renewable energy systems to 


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1 identify opportunities for hydropower applica2 tions in pumped storage and hybrid energy sys3 tems, including forecasting of seasonal and an4 nual energy storage; 

5 ‘‘(B) considering aggregating small distrib6 uted hydropower assets; and 

7 ‘‘(C) identifying barriers to grid scale im8 plementation of hydropower and pumped stor9 age technologies; 

10 ‘‘(11) improve computational fluid dynamic 

11 modeling methods; 

12 ‘‘(12) improve flow measurement methods, in13 cluding maintenance of continuous flow measure14 ment equipment; 

15 ‘‘(13) identify best methods for compiling data 

16 on all hydropower resources and assets, including 

17 identifying potential for increased capacity; and 

18 ‘‘(14) identify mechanisms to test and validate 

19 performance of hydropower and pumped storage 

20 technologies. 

21 ‘‘SEC. 635. MARINE ENERGY RESEARCH, DEVELOPMENT, 

22 AND DEMONSTRATION. 

23 ‘‘(a) IN GENERAL.—The Secretary, in consultation 

24 with the Department of Defense, Secretary of Commerce 

25 (acting through the Under Secretary of Commerce for 


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1 Oceans and Atmosphere) and other relevant Federal agen2 cies, shall conduct a program of research, development, 

3 demonstration, and commercial application of marine en4 ergy technology, including activities to— 

5 ‘‘(1) assist technology development to improve 

6 the components, processes, and systems used for 

7 power generation from marine energy resources at a 

8 variety of scales; 

9 ‘‘(2) establish and expand critical testing infra10 structure and facilities necessary to— 

11 ‘‘(A) demonstrate and prove marine energy 

12 devices at a range of scales in a manner that 

13 is cost-effective and efficient; and 

14 ‘‘(B) accelerate the technological readiness 

15 and commercial application of such devices; 

16 ‘‘(3) address marine energy resource variability 

17 issues, including through the application of energy 

18 storage technologies; 

19 ‘‘(4) advance efficient and reliable integration 

20 of marine energy with the electric grid, which may 

21 include smart building systems; 

22 ‘‘(5) identify and study critical short-term and 

23 long-term needs to maintaining a sustainable marine 

24 energy supply chain based in the United States; 


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1 ‘‘(6) increase the reliability, security, and resil2 ience of marine energy technologies; 

3 ‘‘(7) validate the performance, reliability, main4 tainability, and cost of marine energy device designs 

5 and system components in an operating environ6 ment; 

7 ‘‘(8) consider the protection of critical infra8 structure, such as adequate separation between ma9 rine energy devices and submarine telecommuni10 cations cables, including through the development of 

11 voluntary, consensus-based standards for such pur12 poses; 

13 ‘‘(9) identify opportunities for crosscutting re14 search, development, and demonstration programs 

15 between existing energy research programs; 

16 ‘‘(10) identify and improve, in conjunction with 

17 the Secretary of Commerce, acting through the 

18 Under Secretary of Commerce for Oceans and At19 mosphere, and other relevant Federal agencies as 

20 appropriate, the environmental impact, including po21 tential cumulative environmental impacts, of marine 

22 energy technologies, including— 

23 ‘‘(A) potential impacts on fisheries and 

24 other marine resources; and 


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1 ‘‘(B) developing technologies, including 

2 mechanisms for self-evaluation, and other 

3 means available for improving environmental 

4 impact, including potential cumulative environ5 mental impacts; 

6 ‘‘(11) identify, in consultation with relevant 

7 Federal agencies, potential navigational impacts of 

8 marine energy technologies and strategies to prevent 

9 possible adverse impacts, in addition to opportunities 

10 for marine energy systems to aid the United States 

11 Coast Guard, such as remote sensing for coastal bor12 der security; 

13 ‘‘(12) develop numerical and physical tools, in14 cluding models and monitoring technologies, to as15 sist industry in device and system design, installa16 tion, operation, and maintenance, including methods 

17 to validate such tools; 

18 ‘‘(13) support materials science as it relates to 

19 marine energy technology, such as the development 

20 of corrosive-resistant materials; 

21 ‘‘(14) improve marine energy resource fore22 casting and general understanding of aquatic system 

23 behavior, including turbulence and extreme condi24 tions; 


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1 ‘‘(15) develop metrics and voluntary, consensus2 based standards, in coordination with the National 

3 Institute of Standards and Technology and appro4 priate standard development organizations, for ma5 rine energy components, systems, and projects, in6 cluding— 

7 ‘‘(A) measuring performance of marine en8 ergy technologies; and 

9 ‘‘(B) characterizing environmental condi10 tions; 

11 ‘‘(16) enhance integration with hybrid energy 

12 systems, including desalination; 

13 ‘‘(17) identify opportunities to integrate marine 

14 energy technologies into new and existing infrastruc15 ture; and 

16 ‘‘(18) to develop technology necessary to sup17 port the use of marine energy— 

18 ‘‘(A) for the generation and storage of 

19 power at sea; and 

20 ‘‘(B) for the generation and storage of 

21 power to promote the resilience of coastal com22 munities, including in applications relating to— 

23 ‘‘(i) desalination; 

24 ‘‘(ii) disaster recovery and resilience; 

25 and 


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1 ‘‘(iii) community microgrids in iso2 lated power systems. 

3 ‘‘(b) STUDY OF NON-POWER SECTOR APPLICATIONS

4 FOR ADVANCED MARINE ENERGY TECHNOLOGIES.— 

5 ‘‘(1) IN GENERAL.—The Secretary, in consulta6 tion with the Secretary of Transportation and the 

7 Secretary of Commerce, shall conduct a study to ex8 amine opportunities for research and development in 

9 advanced marine energy technologies for non-power 

10 sector applications, including applications with re11 spect to— 

12 ‘‘(A) the maritime transportation sector; 

13 ‘‘(B) associated maritime energy infra14 structure, including infrastructure that serves 

15 ports, to improve system resilience and disaster 

16 recovery; and 

17 ‘‘(C) enabling scientific missions at sea 

18 and in extreme environments, including the 

19 Arctic. 

20 ‘‘(2) REPORT.—Not later than 1 year after the 

21 date of enactment of this Act, the Secretary shall 

22 submit to the Committee on Energy and Natural 

23 Resources of the Senate and the Committee on 

24 Science, Space, and Technology of the House of 


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1 Representatives a report that describes the results of 

2 the study conducted under paragraph (1). 

3 ‘‘SEC. 636. NATIONAL MARINE ENERGY CENTERS. 

4 ‘‘(a) IN GENERAL.—The Secretary shall award 

5 grants, each such grant up to $10,000,000 per year, to 

6 institutions of higher education (or consortia thereof) 

7 for— 

8 ‘‘(1) the continuation and expansion of the re9 search, development, demonstration, testing, and 

10 commercial application activities at the National Ma11 rine Energy Centers (referred to in this section as 

12 ‘Centers’) established as of January 1, 2020; and 

13 ‘‘(2) the establishment of new National Marine 

14 Energy Centers. 

15 ‘‘(b) LOCATION SELECTION.—In selecting institu16 tions of higher education for new Centers, the Secretary 

17 shall consider the following criteria: 

18 ‘‘(1) Whether the institution hosts an existing 

19 marine energy research and development program. 

20 ‘‘(2) Whether the institution has proven tech21 nical expertise to support marine energy research. 

22 ‘‘(3) Whether the institution has access to ma23 rine resources. 


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1 ‘‘(c) PURPOSES.—The Centers shall coordinate 

2 among themselves, the Department, and National Labora3 tories to— 

4 ‘‘(1) advance research, development, demonstra5 tion, and commercial application of marine energy 

6 technologies in response to industry and commercial 

7 needs; 

8 ‘‘(2) support in-water testing and demonstra9 tion of marine energy technologies, including facili10 ties capable of testing— 

11 ‘‘(A) marine energy systems of various 

12 technology readiness levels and scales; 

13 ‘‘(B) a variety of technologies in multiple 

14 test berths at a single location; 

15 ‘‘(C) arrays of technology devices; and 

16 ‘‘(D) interconnectivity to an electrical grid, 

17 including microgrids; and 

18 ‘‘(3) collect and disseminate information on 

19 best practices in all areas relating to developing and 

20 managing marine energy resources and energy sys21 tems. 

22 ‘‘(d) COORDINATION.—To the extent practicable, the 

23 Centers shall coordinate their activities with the Secretary 

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1 merce for Oceans and Atmosphere, and other relevant 

2 Federal agencies. 

3 ‘‘(e) TERMINATION.—To the extent otherwise author4 ized by law, the Secretary may terminate funding for a 

5 Center described in paragraph (a) if such Center is under6 performing. 

7 ‘‘SEC. 637. ORGANIZATION AND ADMINISTRATION OF PRO8 GRAMS. 

9 ‘‘(a) COORDINATION.—In carrying out this subtitle, 

10 the Secretary shall coordinate activities, and effectively 

11 manage cross-cutting research priorities across programs 

12 of the Department and other relevant Federal agencies, 

13 including the National Laboratories and the National Ma14 rine Energy Centers. 

15 ‘‘(b) COLLABORATION.— 

16 ‘‘(1) IN GENERAL.—In carrying out this sub17 title, the Secretary shall collaborate with industry, 

18 National Laboratories, other relevant Federal agen19 cies, institutions of higher education, including Mi20 nority Serving Institutions, National Marine Energy 

21 Centers, Tribal entities, including Alaska Native 

22 Corporations, and international bodies with relevant 

23 scientific and technical expertise. 

24 ‘‘(2) PARTICIPATION.—To the extent prac25 ticable, the Secretary shall encourage research 


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1 projects that promote collaboration between entities 

2 specified in paragraph (1) and include entities not 

3 historically associated with National Marine Energy 

4 Centers, such as Minority Serving Institutions. 

5 ‘‘(3) INTERNATIONAL COLLABORATION.—The 

6 Secretary of Energy, in coordination with other ap7 propriate Federal and multilateral agencies (includ8 ing the United States Agency for International De9 velopment) shall support collaborative efforts with 

10 international partners to promote the research, de11 velopment, and demonstration of water power tech12 nologies used to develop hydropower, pump storage, 

13 and marine energy resources. 

14 ‘‘(c) DISSEMINATION OF RESULTS AND PUBLIC

15 AVAILABILITY.—The Secretary shall— 

16 ‘‘(1) publish the results of projects supported 

17 under this subtitle through Department websites, re18 ports, databases, training materials, and industry 

19 conferences, including information discovered after 

20 the completion of such projects, withholding any in21 dustrial proprietary information; and 

22 ‘‘(2) share results of such projects with the 

23 public except to the extent that the information is 

24 protected from disclosure under section 552(b) of 

25 title 5, United States Code. 


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1 ‘‘(d) AWARD FREQUENCY.—The Secretary shall so2 licit applications for awards under this subtitle no less fre3 quently than once per fiscal year. 

4 ‘‘(e) EDUCATION AND OUTREACH.—In carrying out 

5 the activities described in this subtitle, the Secretary shall 

6 support education and outreach activities to disseminate 

7 information and promote public understanding of water 

8 power technologies and the water power workforce, includ9 ing activities at the National Marine Energy Centers. 

10 ‘‘(f) TECHNICAL ASSISTANCE AND WORKFORCE DE11 VELOPMENT.—In carrying out this subtitle, the Secretary 

12 may also conduct, for purposes of supporting technical, 

13 non-hardware, and information-based advances in water 

14 power systems development and operations— 

15 ‘‘(1) technical assistance and analysis activities 

16 with eligible entities, including activities that sup17 port expanding access to advanced water power tech18 nologies for rural, Tribal, and low-income commu19 nities; and 

20 ‘‘(2) workforce development and training activi21 ties, including to support the dissemination of stand22 ards and best practices for enabling water power 

23 production. 

24 ‘‘(g) STRATEGIC PLAN.—In carrying out the activi25 ties described in this subtitle, the Secretary shall— 


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1 ‘‘(1) not later than one year after the date of 

2 the enactment of the Clean Economy Jobs and Inno3 vation Act, draft a plan, considering input from rel4 evant stakeholders such as industry and academia, 

5 to implement the programs described in this subtitle 

6 and update the plan on an annual basis; and 

7 ‘‘(2) the plan shall address near-term (up to 2 

8 years), mid-term (up to 7 years), and long-term (up 

9 to 15 years) challenges to the advancement of water 

10 power systems. 

11 ‘‘(h) REPORT TO CONGRESS.—Not later than 1 year 

12 after the date of the enactment of the Clean Economy 

13 Jobs and Innovation Act, and at least once every 2 years 

14 thereafter, the Secretary shall provide, and make available 

15 to the public and the relevant authorizing and appropria16 tions committees of Congress, a report on the findings of 

17 research conducted and activities carried out pursuant to 

18 this subtitle, including the most current strategic plan 

19 under subsection (g) and the progress made in imple20 menting such plan. 

21 ‘‘SEC. 638. APPLICABILITY OF OTHER LAWS. 

22 ‘‘Nothing in this subtitle shall be construed as 

23 waiving, modifying, or superseding the applicability of any 

24 requirement under any environmental or other Federal or 

25 State law. 


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1 ‘‘SEC. 639. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘There are authorized to be appropriated to the Sec3 retary to carry out this subtitle— 

4 ‘‘(1) $229,125,000 for fiscal year 2021, includ5 ing $168,870,000 for marine energy and 

6 $60,255,000 for hydropower research, development, 

7 and demonstration activities; 

8 ‘‘(2) $236,517,450 for fiscal year 2022, includ9 ing $174,454,800 for marine energy and 

10 $62,062,650 for hydropower research, development, 

11 and demonstration activities; 

12 ‘‘(3) $244,187,873 for fiscal year 2023, includ13 ing $180,263,343 for marine energy and 

14 $63,924,530 for hydropower research, development, 

15 and demonstration activities; 

16 ‘‘(4) $252,147,209 for fiscal year 2024, includ17 ing $186,304,944 for marine energy and 

18 $65,842,265 for hydropower research, development, 

19 and demonstration activities; and 

20 ‘‘(5) $260,406,837 for fiscal year 2025, includ21 ing $192,589,304 for marine energy and 

22 $67,817,533 for hydropower research, development, 

23 and demonstration activities.’’. 

24 (b) CONFORMING TABLE OF CONTENTS AMEND25 MENT.—The table of contents for the Energy Independ26 ence and Security Act of 2007 is amended by striking the 


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1 items relating to subtitle C of title VI and inserting the 

2 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.’’. 

3 SEC. 2562. CONFORMING AMENDMENTS. 

4 (a) ENERGY POLICY ACT OF 2005.—The Energy 

5 Policy Act of 2005 (42 U.S.C. 15801 et seq.) is amend6 ed— 

7 (1) in section 201(a), by striking ‘‘ocean (in8 cluding tidal, wave, current, and thermal)’’ and in9 serting ‘‘marine’’; 

10 (2) in section 203(b)(2), by— 

11 (A) inserting ‘‘marine energy (as defined 

12 in section 632 of the Energy Independence and 

13 Security Act of 2007) or’’ before ‘‘electric en14 ergy’’; and 

15 (B) by striking ‘‘ocean (including tidal, 

16 wave, current, and thermal)’’; 

17 (3) in section 931(a)(2)(E)(i), by striking 

18 ‘‘ocean energy, including wave energy’’ and inserting 

19 ‘‘marine energy (as defined in section 632 of the En20 ergy Independence and Security Act of 2007)’’; and 


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1 (4) in section 1833(a), by striking ‘‘ocean en2 ergy resources (including tidal, wave, and thermal 

3 energy)’’ and inserting ‘‘marine energy resources 

4 (within the meaning of section 632 of the Energy 

5 Independence and Security Act of 2007)’’. 

6 (b) ENERGY POLICY ACT OF 1992.—Section 1212 of 

7 the Energy Policy Act of 1992 (42 U.S.C. 13317) is 

8 amended— 

9 (1) in subsection (a)(4)(A)(i), by striking 

10 ‘‘ocean (including tidal, wave, current, and ther11 mal)’’ and inserting ‘‘marine energy (as defined in 

12 section 632 of the Energy Independence and Secu13 rity Act of 2007)’’; 

14 (2) in subsection (b), in the matter preceding 

15 paragraph (1), by striking ‘‘ocean (including tidal, 

16 wave, current, and thermal)’’ and inserting ‘‘marine 

17 energy (as defined in section 632 of the Energy 

18 Independence and Security Act of 2007)’’; and 

19 (3) in subsection (e)(1), in the first sentence, by 

20 striking ‘‘ocean (including tidal, wave, current, and 

21 thermal)’’ and inserting ‘‘marine energy (as defined 

22 in section 632 of the Energy Independence and Se23 curity Act of 2007)’’. 

24 (c) RENEWABLE ENERGY AND ENERGY EFFICIENCY

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1 newable Energy and Energy Efficiency Technology Com2 petitiveness Act of 1989 (42 U.S.C. 12001 et seq.) is 

3 amended— 

4 (1) in section 4 (42 U.S.C. 12003)— 

5 (A) in subsection (a)(5), by striking 

6 ‘‘Ocean’’ and inserting ‘‘Marine’’; and 

7 (B) in subsection (c), in the matter pre8 ceding paragraph (1), by striking ‘‘Ocean’’ and 

9 inserting ‘‘Marine’’; and 

10 (2) in section 9(c) (42 U.S.C. 12006(c)), by 

11 striking ‘‘ocean,’’ and inserting ‘‘marine,’’. 

12 SEC. 2563. PRODUCED WATER RESEARCH AND DEVELOP13 MENT PROGRAM. 

14 (a) ESTABLISHMENT.—As soon as possible after the 

15 date of enactment of this Act, the Secretary of Energy 

16 shall establish a research and development program on 

17 produced water to develop— 

18 (1) new technologies and practices to reduce the 

19 environmental impact; and 

20 (2) opportunities for reprocessing of produced 

21 water at natural gas or oil development sites. 

22 (b) PRIORITIZATION.—The Secretary shall give pri23 ority to projects that develop and bring to market— 

24 (1) effective systems for on-site management or 

25 repurposing of produced water; and 


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1 (2) new technologies or approaches to reduce 

2 the environmental impact of produced water on local 

3 water sources and the environment. 

4 (c) CONDUCT OF PROGRAM.—In carrying out the 

5 program described in subsection (a), the Secretary shall 

6 carry out science-based research and development activi7 ties to pursue— 

8 (1) improved efficiency, technologies, and tech9 niques for produced water recycling stations; and 

10 (2) B. alternative approaches to treating, 

11 reusing, storing, or decontaminating produced water. 

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated for purposes of this sec14 tion $10,000,000 for each of fiscal years 2020 through 

15 2025. 

16 SEC. 2564. PRODUCED WATER DEMONSTRATION PROGRAM. 

17 (a) ESTABLISHMENT.—The Secretary of Energy 

18 shall establish a demonstration program for on-site treat19 ment of produced water. 

20 (b) REQUIREMENTS.—In developing the demonstra21 tion program under this section, the Secretary shall con22 sult with the heads of other relevant Federal departments 

23 and agencies, including the Department of the Interior 

24 and the Environmental Protection Agency. 


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1 (c) PRIORITIZATION.—In carrying out this section, 

2 the Secretary should prioritize— 

3 (1) first-of-a-kind or new approaches to treating 

4 produced water stationed on site; and 

5 (2) technologies that can be used at natural gas 

6 or oil development sites to reduce other environ7 mental harm either through emissions or other envi8 ronmental impact. 

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated for purposes of this sec11 tion $10,000,000 for each of fiscal years 2020 through 

12 2025. 

13 PART 5—ENERGY EFFICIENCY AND RENEWABLE 

14 ENERGY RESEARCH AND DEVELOPMENT 

15 SEC. 2571. AUTHORIZATION OF APPROPRIATIONS. 

16 There are authorized to be appropriated to the Sec17 retary of Energy or their designee to carry out research, 

18 development, demonstration, and commercial application 

19 activities under the Office of Energy Efficiency and Re20 newable Energy— 

21 (1) $3,228,500,000 for fiscal year 2021; 

22 (2) $3,250,775,500 for fiscal year 2022; 

23 (3) $3,291,488,750 for fiscal year 2023; 

24 (4) $3,334,238,188 for fiscal year 2024; and 

25 (5) $3,379,125,097 for fiscal year 2025. 


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1 Subtitle F—Public Lands 

2 Renewable Energy Development 

3 SEC. 2601. DEFINITIONS. 

4 In this subtitle: 

5 (1) COVERED LAND.—The term ‘‘covered land’’ 

6 means land that is— 

7 (A) public lands administered by the Sec8 retary; and 

9 (B) not excluded from the development of 

10 geothermal, solar, or wind energy under— 

11 (i) a land use plan established under 

12 the Federal Land Policy and Management 

13 Act of 1976 (43 U.S.C. 1701 et seq.); or 

14 (ii) other Federal law. 

15 (2) EXCLUSION AREA.—The term ‘‘exclusion 

16 area’’ means covered land that is identified by the 

17 Bureau of Land Management as not suitable for de18 velopment of renewable energy projects. 

19 (3) FEDERAL LAND.—The term ‘‘Federal land’’ 

20 means public lands. 

21 (4) FUND.—The term ‘‘Fund’’ means the Re22 newable Energy Resource Conservation Fund estab23 lished by section 2608(c)(1). 

24 (5) PRIORITY AREA.—The term ‘‘priority area’’ 

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1 ning process of the Bureau of Land Management as 

2 being a preferred location for a renewable energy 

3 project, including a designated leasing area (as de4 fined in section 2801.5(b) of title 43, Code of Fed5 eral Regulations (or a successor regulation)) that is 

6 identified under the rule of the Bureau of Land 

7 Management entitled ‘‘Competitive Processes, 

8 Terms, and Conditions for Leasing Public Lands for 

9 Solar and Wind Energy Development and Technical 

10 Changes and Corrections’’ (81 Fed. Reg. 92122 

11 (December 19, 2016)) (or a successor regulation). 

12 (6) PUBLIC LANDS.—The term ‘‘public lands’’ 

13 has the meaning given that term in section 103 of 

14 the Federal Land Policy and Management Act of 

15 1976 (43 U.S.C. 1702). 

16 (7) RENEWABLE ENERGY PROJECT.—The term 

17 ‘‘renewable energy project’’ means a project carried 

18 out on covered land that uses wind, solar, or geo19 thermal energy to generate energy. 

20 (8) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of the Interior. 

22 (9) VARIANCE AREA.—The term ‘‘variance 

23 area’’ means covered land that is— 

24 (A) not an exclusion area; 

25 (B) not a priority area; and 


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1 (C) identified by the Secretary as poten2 tially available for renewable energy develop3 ment and could be approved without a plan 

4 amendment, consistent with the principles of 

5 multiple use (as that term is defined in the 

6 Federal Land Policy and Management Act of 

7 1976 (43 U.S.C. 1701 et seq.)). 

8 SEC. 2602. LAND USE PLANNING; SUPPLEMENTS TO PRO9 GRAMMATIC ENVIRONMENTAL IMPACT 

10 STATEMENTS. 

11 (a) PRIORITY AREAS.— 

12 (1) IN GENERAL.—The Secretary, in consulta13 tion with the Secretary of Energy, shall establish 

14 priority areas on covered land for geothermal, solar, 

15 and wind energy projects. Projects located in those 

16 priority areas shall be given the highest priority for 

17 review, and shall be offered the opportunity to par18 ticipate in any regional mitigation plan developed for 

19 the relevant priority areas. 

20 (2) DEADLINE.— 

21 (A) GEOTHERMAL ENERGY.—For geo22 thermal energy, the Secretary shall establish 

23 priority areas as soon as practicable, but not 

24 later than 5 years, after the date of the enact25 ment of this Act. 


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1 (B) SOLAR ENERGY.—For solar energy, 

2 solar Designated Leasing Areas, including the 

3 solar energy zones established by the 2012 

4 western solar plan of the Bureau of Land Man5 agement and any subsequent land use plan 

6 amendments, shall be considered to be priority 

7 areas for solar energy projects. The Secretary 

8 shall establish additional solar priority areas as 

9 soon as practicable, but not later than 3 years, 

10 after the date of the enactment of this Act. 

11 (C) WIND ENERGY.—For wind energy, the 

12 Secretary shall establish additional wind pri13 ority areas as soon as practicable, but not later 

14 than 3 years, after the date of the enactment 

15 of this Act. 

16 (b) VARIANCE AREAS.—To the maximum extent 

17 practicable, variance areas shall be considered for renew18 able energy project development, consistent with the prin19 ciples of multiple use (as defined in the Federal Land Pol20 icy and Management Act of 1976 (43 U.S.C. 1701 et 

21 seq.)). 

22 (c) REVIEW AND MODIFICATION.—Not less than once 

23 every 5 years, the Secretary shall— 

24 (1) review the adequacy of land allocations for 

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1 ance areas for the purpose of encouraging new re2 newable energy development opportunities; and 

3 (2) based on the review carried out under para4 graph (1), add, modify, or eliminate priority, vari5 ance, and exclusion areas. 

6 (d) COMPLIANCE WITH THE NATIONAL ENVIRON7 MENTAL POLICY ACT.—For purposes of this section, com8 pliance with the National Environmental Policy Act of 

9 1969 (42 U.S.C. 4321 et seq.) shall be accomplished— 

10 (1) for geothermal energy, by supplementing 

11 the October 2008 final programmatic environmental 

12 impact statement for geothermal leasing in the 

13 Western United States and incorporating any addi14 tional regional analyses that have been completed by 

15 Federal agencies since the programmatic environ16 mental impact statement was finalized; 

17 (2) for solar energy, by supplementing the July 

18 2012 final programmatic environmental impact 

19 statement for solar energy development and incor20 porating any additional regional analyses that have 

21 been completed by Federal agencies since the pro22 grammatic environmental impact statement was fi23 nalized; and 

24 (3) for wind energy, by supplementing the July 

25 2005 final programmatic environmental impact 


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1 statement for wind energy development and incor2 porating any additional regional analyses that have 

3 been completed by Federal agencies since the pro4 grammatic environmental impact statement was fi5 nalized. 

6 (e) NO EFFECT ON PROCESSING APPLICATIONS.— 

7 Any requirements to prepare a supplement to a pro8 grammatic environmental impact statement under this 

9 section shall not result in any delay in processing a pend10 ing application for a renewable energy project. 

11 (f) COORDINATION.—In developing a supplement re12 quired by this section, the Secretary shall coordinate, on 

13 an ongoing basis, with appropriate State, Tribal, and local 

14 governments, transmission infrastructure owners and op15 erators, developers, and other appropriate entities to en16 sure that priority areas identified by the Secretary are— 

17 (1) economically viable (including having access 

18 to existing and/or planned transmission lines); 

19 (2) likely to avoid or minimize impacts to habi20 tat for animals and plants, recreation, cultural re21 sources, and other uses of covered land; and 

22 (3) consistent with section 202 of the Federal 

23 Land Policy and Management Act of 1976 (43 

24 U.S.C. 1712), including subsection (c)(9) of that 

25 section (43 U.S.C. 1712(c)(9)). 


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1 SEC. 2603. ENVIRONMENTAL REVIEW ON COVERED LAND. 

2 (a) IN GENERAL.—If the Secretary determines that 

3 a proposed renewable energy project has been sufficiently 

4 analyzed by a programmatic environmental impact state5 ment conducted under section 2602(d), the Secretary shall 

6 not require any additional review under the National Envi7 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

8 The Secretary shall publish any such project determina9 tions on a publicly available website. 

10 (b) ADDITIONAL ENVIRONMENTAL REVIEW.—If the 

11 Secretary determines that additional environmental review 

12 under the National Environmental Policy Act of 1969 (42 

13 U.S.C. 4321 et seq.) is necessary for a proposed renewable 

14 energy project, the Secretary shall rely on the analysis in 

15 the programmatic environmental impact statement con16 ducted under section 2602(d), to the maximum extent 

17 practicable when analyzing the potential impacts of the 

18 project. 

19 (c) RELATIONSHIP TO OTHER LAW.—Nothing in this 

20 section modifies or supersedes any requirement under ap21 plicable law. 

22 SEC. 2604. PROGRAM TO IMPROVE RENEWABLE ENERGY 

23 PROJECT PERMIT COORDINATION. 

24 (a) ESTABLISHMENT.—The Secretary shall establish 

25 a national Renewable Energy Coordination Office and 

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1 lish and implement a program to improve Federal permit 

2 coordination with respect to renewable energy projects on 

3 covered land and other activities deemed necessary by the 

4 Secretary. In carrying out the program, the Secretary may 

5 temporarily assign qualified staff to Renewable Energy 

6 Coordination Offices to expedite the permitting of renew7 able energy projects. 

8 (b) MEMORANDUM OF UNDERSTANDING.— 

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

10 after the date of the enactment of this Act, the Sec11 retary shall enter into a memorandum of under12 standing for purposes of this section, including to 

13 specifically expedite the environmental analysis of 

14 applications for projects proposed in a variance area 

15 or a priority area, with the Secretary of Defense. 

16 (2) STATE AND TRIBAL PARTICIPATION.—The 

17 Secretary may request the Governor of any inter18 ested State or any Tribal leader of any interested 

19 Indian Tribe (as defined in section 4 of the Indian 

20 Self-Determination and Education Assistance Act 

21 (25 U.S.C. 5304)) to be a signatory to the memo22 randum of understanding under paragraph (1). 

23 (c) DESIGNATION OF QUALIFIED STAFF.— 

24 (1) IN GENERAL.—Not later than 30 days after 

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1 standing under subsection (b) is executed, all Fed2 eral signatories, as appropriate, shall identify for 

3 each of the Bureau of Land Management Renewable 

4 Energy Coordination Offices one or more employees 

5 who have expertise in the regulatory issues relating 

6 to the office in which the employee is employed, in7 cluding, as applicable, particular expertise in— 

8 (A) consultation regarding, and prepara9 tion of, biological opinions under section 7 of 

10 the Endangered Species Act of 1973 (16 U.S.C. 

11 1536); 

12 (B) permits under section 404 of the Fed13 eral Water Pollution Control Act (33 U.S.C. 

14 1344); 

15 (C) regulatory matters under the Clean Air 

16 Act (42 U.S.C. 7401 et seq.); 

17 (D) the Federal Land Policy and Manage18 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

19 (E) the Migratory Bird Treaty Act (16 

20 U.S.C. 703 et seq.); 

21 (F) the preparation of analyses under the 

22 National Environmental Policy Act of 1969 (42 

23 U.S.C. 4321 et seq.); 

24 (G) implementation of the requirements of 

25 section 306108 of title 54, United States Code 


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1 (formerly known as section 106 of the National 

2 Historic Preservation Act); 

3 (H) the Bald and Golden Eagle Protection 

4 Act (16 U.S.C. 668 through 668d); and 

5 (I) section 100101(a), chapter 1003, and 

6 sections 100751(a), 100752, 100753 and 

7 102101 of title 54 , United States Code (pre8 viously known as the ‘‘National Park Service 

9 Organic Act’’). 

10 (2) DUTIES.—Each employee assigned under 

11 paragraph (1) shall— 

12 (A) be responsible for addressing all issues 

13 relating to the jurisdiction of the home office or 

14 agency of the employee; and 

15 (B) participate as part of the team of per16 sonnel working on proposed energy projects, 

17 planning, monitoring, inspection, enforcement, 

18 and environmental analyses. 

19 (d) ADDITIONAL PERSONNEL.—The Secretary may 

20 assign such additional personnel for the Bureau of Land 

21 Management Renewable Energy Coordination Offices as 

22 are necessary to ensure the effective implementation of 

23 any programs administered by the offices in accordance 

24 with the multiple use mandate of the Federal Land Policy 

25 and Management Act of 1976 (43 U.S.C. 1701 et seq.). 


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1 (e) CLARIFICATION OF EXISTING AUTHORITY.— 

2 Under section 307 of the Federal Land Policy and Man3 agement Act of 1976 (43 U.S.C. 1737), the Bureau of 

4 Land Management may— 

5 (1) accept donations for the purposes of public 

6 lands management; and 

7 (2) accept donations from renewable energy 

8 companies working on public lands to help cover the 

9 costs of environmental reviews. 

10 (f) REPORT TO CONGRESS.— 

11 (1) IN GENERAL.—Not later than February 1 

12 of the first fiscal year beginning after the date of the 

13 enactment of this Act, and each February 1 there14 after, the Secretary shall submit to the Committee 

15 on Energy and Natural Resources of the Senate and 

16 the Committee on Natural Resources of the House 

17 of Representatives a report describing the progress 

18 made under the program established under sub19 section (a) during the preceding year. 

20 (2) INCLUSIONS.—Each report under this sub21 section shall include— 

22 (A) projections for renewable energy pro23 duction and capacity installations; and 

24 (B) a description of any problems relating 

25 to leasing, permitting, siting, or production. 


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1 SEC. 2605. INCREASING ECONOMIC CERTAINTY. 

2 (a) CONSIDERATIONS.—The Secretary is authorized 

3 to and shall consider acreage rental rates, capacity fees, 

4 and other recurring annual fees in total when evaluating 

5 existing rates paid for the use of Federal land by renew6 able energy projects. 

7 (b) INCREASES IN BASE RENTAL RATES.—Once a 

8 base rental rate is established upon the issuance of a 

9 right-of-way authorization, increases in the base rent shall 

10 be limited to the Implicit Price Deflator–Gross Domestic 

11 Product (IPD–GDP) index for the entire term of the 

12 right-of-way authorization. 

13 (c) REDUCTIONS IN BASE RENTAL RATES.—The 

14 Secretary is authorized to reduce acreage rental rates and 

15 capacity fees, or both, for existing and new wind and solar 

16 authorizations if the Secretary determines— 

17 (1) that the existing rates— 

18 (A) exceed fair market value; 

19 (B) impose economic hardships; 

20 (C) limit commercial interest in a competi21 tive lease sale or right-of-way grant; or 

22 (D) are not competitively priced compared 

23 to other available land; or 

24 (2) that a reduced rental rate or capacity fee is 

25 necessary to promote the greatest use of wind and 

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1 side priority areas. Rental rates and capacity fees 

2 for projects that are within the boundaries of a Des3 ignated Leasing Area but not formally recognized as 

4 being in such an area shall be equivalent to rents 

5 and fees for new leases inside of a Designated Leas6 ing Area. 

7 SEC. 2606. RENEWABLE ENERGY GOAL. 

8 The Secretary shall seek to issue permits that, in 

9 total, authorize production of not less than 25 gigawatts 

10 of electricity from wind, solar, and geothermal energy 

11 projects by not later than 2025, through management of 

12 public lands and administration of Federal laws. 

13 SEC. 2607. FACILITATION OF COPRODUCTION OF GEO14 THERMAL ENERGY ON OIL AND GAS LEASES. 

15 Section 4(b) of the Geothermal Steam Act of 1970 

16 (30 U.S.C. 1003(b)) is amended by adding at the end the 

17 following: 

18 ‘‘(4) LAND SUBJECT TO OIL AND GAS LEASE.— 

19 Land under an oil and gas lease issued pursuant to 

20 the Mineral Leasing Act (30 U.S.C. 181 et seq.) or 

21 the Mineral Leasing Act for Acquired Lands (30 

22 U.S.C. 351 et seq.) that is subject to an approved 

23 application for permit to drill and from which oil 

24 and gas production is occurring may be available for 


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1 noncompetitive leasing under subsection (c) by the 

2 holder of the oil and gas lease— 

3 ‘‘(A) on a determination that geothermal 

4 energy will be produced from a well producing 

5 or capable of producing oil and gas; and 

6 ‘‘(B) in order to provide for the coproduc7 tion of geothermal energy with oil and gas.’’. 

8 SEC. 2608. NONCOMPETITIVE LEASING OF ADJOINING 

9 AREAS FOR DEVELOPMENT OF GEOTHERMAL 

10 RESOURCES. 

11 Section 4(b) of the Geothermal Steam Act of 1970 

12 (30 U.S.C. 1003(b)) is further amended by adding at the 

13 end the following: 

14 ‘‘(5) ADJOINING LAND.— 

15 ‘‘(A) DEFINITIONS.—In this paragraph: 

16 ‘‘(i) FAIR MARKET VALUE PER

17 ACRE.—The term ‘fair market value per 

18 acre’ means a dollar amount per acre 

19 that— 

20 ‘‘(I) except as provided in this 

21 clause, shall be equal to the market 

22 value per acre (taking into account 

23 the determination under subparagraph 

24 (B)(iii) regarding a valid discovery on 

25 the adjoining land) as determined by 


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1 the Secretary under regulations issued 

2 under this paragraph; 

3 ‘‘(II) shall be determined by the 

4 Secretary with respect to a lease 

5 under this paragraph, by not later 

6 than the end of the 180-day period 

7 beginning on the date the Secretary 

8 receives an application for the lease; 

9 and 

10 ‘‘(III) shall be not less than the 

11 greater of— 

12 ‘‘(aa) 4 times the median 

13 amount paid per acre for all land 

14 leased under this Act during the 

15 preceding year; or 

16 ‘‘(bb) $50. 

17 ‘‘(ii) INDUSTRY STANDARDS.—The 

18 term ‘industry standards’ means the stand19 ards by which a qualified geothermal pro20 fessional assesses whether downhole or 

21 flowing temperature measurements with 

22 indications of permeability are sufficient to 

23 produce energy from geothermal resources, 

24 as determined through flow or injection 


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1 testing or measurement of lost circulation 

2 while drilling. 

3 ‘‘(iii) QUALIFIED FEDERAL LAND.— 

4 The term ‘qualified Federal land’ means 

5 land that is otherwise available for leasing 

6 under this Act. 

7 ‘‘(iv) QUALIFIED GEOTHERMAL PRO8 FESSIONAL.—The term ‘qualified geo9 thermal professional’ means an individual 

10 who is an engineer or geoscientist in good 

11 professional standing with at least 5 years 

12 of experience in geothermal exploration, 

13 development, or project assessment. 

14 ‘‘(v) QUALIFIED LESSEE.—The term 

15 ‘qualified lessee’ means a person who may 

16 hold a geothermal lease under this Act (in17 cluding applicable regulations). 

18 ‘‘(vi) VALID DISCOVERY.—The term 

19 ‘valid discovery’ means a discovery of a 

20 geothermal resource by a new or existing 

21 slim hole or production well, that exhibits 

22 downhole or flowing temperature measure23 ments with indications of permeability that 

24 are sufficient to meet industry standards. 


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1 ‘‘(B) AUTHORITY.—An area of qualified 

2 Federal land that adjoins other land for which 

3 a qualified lessee holds a legal right to develop 

4 geothermal resources may be available for a 

5 noncompetitive lease under this section to the 

6 qualified lessee at the fair market value per 

7 acre, if— 

8 ‘‘(i) the area of qualified Federal 

9 land— 

10 ‘‘(I) consists of not less than 1 

11 acre and not more than 640 acres; 

12 and 

13 ‘‘(II) is not already leased under 

14 this Act or nominated to be leased 

15 under subsection (a); 

16 ‘‘(ii) the qualified lessee has not pre17 viously received a noncompetitive lease 

18 under this paragraph in connection with 

19 the valid discovery for which data has been 

20 submitted under clause (iii)(I); and 

21 ‘‘(iii) sufficient geological and other 

22 technical data prepared by a qualified geo23 thermal professional has been submitted by 

24 the qualified lessee to the applicable Fed25 eral land management agency that would 


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1 lead individuals who are experienced in the 

2 subject matter to believe that— 

3 ‘‘(I) there is a valid discovery of 

4 geothermal resources on the land for 

5 which the qualified lessee holds the 

6 legal right to develop geothermal re7 sources; and 

8 ‘‘(II) that geothermal feature ex9 tends into the adjoining areas. 

10 ‘‘(C) DETERMINATION OF FAIR MARKET

11 VALUE.— 

12 ‘‘(i) IN GENERAL.—The Secretary 

13 shall— 

14 ‘‘(I) publish a notice of any re15 quest to lease land under this para16 graph; 

17 ‘‘(II) determine fair market value 

18 for purposes of this paragraph in ac19 cordance with procedures for making 

20 those determinations that are estab21 lished by regulations issued by the 

22 Secretary; 

23 ‘‘(III) provide to a qualified les24 see and publish, with an opportunity 

25 for public comment for a period of 30 


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1 days, any proposed determination 

2 under this subparagraph of the fair 

3 market value of an area that the 

4 qualified lessee seeks to lease under 

5 this paragraph; and 

6 ‘‘(IV) provide to the qualified les7 see and any adversely affected party 

8 the opportunity to appeal the final de9 termination of fair market value in an 

10 administrative proceeding before the 

11 applicable Federal land management 

12 agency, in accordance with applicable 

13 law (including regulations). 

14 ‘‘(ii) LIMITATION ON NOMINATION.— 

15 After publication of a notice of request to 

16 lease land under this paragraph, the Sec17 retary may not accept under subsection (a) 

18 any nomination of the land for leasing un19 less the request has been denied or with20 drawn. 

21 ‘‘(iii) ANNUAL RENTAL.—For pur22 poses of section 5(a)(3), a lease awarded 

23 under this paragraph shall be considered a 

24 lease awarded in a competitive lease sale. 


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1 ‘‘(D) REGULATIONS.—Not later than 270 

2 days after the date of the enactment of this 

3 paragraph, the Secretary shall issue regulations 

4 to carry out this paragraph.’’. 

5 SEC. 2609. SAVINGS CLAUSE. 

6 Notwithstanding any other provision of this subtitle, 

7 the Secretary shall continue to manage public lands under 

8 the principles of multiple use and sustained yield in ac9 cordance with title I of the Federal Land Policy and Man10 agement Act of 1976 (43 U.S.C. 1701 et seq.), including 

11 due consideration of mineral and nonrenewable energy-re12 lated projects and other nonrenewable energy uses, for the 

13 purposes of land use planning, permit processing, and con14 ducting environmental reviews. 

15 Subtitle G—Renewable Energy 

16 Grant Program 

17 SEC. 2701. RENEWABLE ENERGY GRANT PROGRAM. 

18 (a) ESTABLISHMENT.—Not later than 180 days after 

19 the date of enactment of this Act, the Secretary shall es20 tablish a renewable energy program (in this section re21 ferred to as the ‘‘program’’) under which the Secretary 

22 may award grants to covered entities to facilitate projects, 

23 in territories of the United States, described in subsection 

24 (c). 


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1 (b) APPLICATIONS.—To be eligible for a grant under 

2 the program, a covered entity shall submit to the Sec3 retary an application at such time, in such form, and con4 taining such information as the Secretary may require. 

5 (c) GRANT USES.— 

6 (1) IN GENERAL.—A covered entity receiving a 

7 grant under the program may use grant funds for 

8 a project, in territories of the United States— 

9 (A) to develop or construct a renewable en10 ergy system; 

11 (B) to carry out an activity to increase en12 ergy efficiency; 

13 (C) to develop or construct an energy stor14 age system or device for— 

15 (i) a system developed or constructed 

16 under subparagraph (A); or 

17 (ii) an activity carried out under sub18 paragraph (B); 

19 (D) to develop or construct— 

20 (i) a smart grid; or 

21 (ii) a microgrid; or 

22 (E) to train residents of territories of the 

23 United States to develop, construct, maintain, 

24 or operate a renewable energy system. 


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1 (2) LIMITATION.—A covered entity receiving a 

2 grant under the program may not use grant funds 

3 to develop or construct a facility that generates elec4 tricity using energy derived from— 

5 (A) fossil fuels; or 

6 (B) nuclear power. 

7 (d) TECHNICAL ASSISTANCE.—The Secretary shall 

8 ensure that Department of Energy national laboratories 

9 offer to provide technical assistance to each covered entity 

10 carrying out a project assisted with a grant under the pro11 gram. 

12 (e) REPORT.—Not later than two years after the es13 tablishment of the program, and on an annual basis there14 after, the Secretary shall submit to Congress a report con15 taining— 

16 (1) an estimate of the amount of funds dis17 bursed under the program; 

18 (2) an estimate of the energy conservation 

19 achieved as a result of the program; 

20 (3) a description of challenges encountered in 

21 implementing projects described in subsection (c)(1); 

22 and 

23 (4) recommendations as to additional legislative 

24 measures to increase the use of renewable energy in 

25 territories of the United States, as appropriate. 


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1 (f) GAO STUDY AND REPORT.— 

2 (1) STUDY AND REPORT.—Not later than 180 

3 days after the date of enactment of this section, the 

4 Comptroller General of the United States shall— 

5 (A) conduct a study regarding renewable 

6 energy and energy efficiency in territories of the 

7 United States; and 

8 (B) submit to Congress a report con9 taining— 

10 (i) the findings of the study; and 

11 (ii) related recommendations. 

12 (2) COMPONENTS.—The study conducted under 

13 paragraph (1) shall consider, in relation to terri14 tories of the United States, the potential— 

15 (A) to modify existing electric power sys16 tems to use renewable energy sources; 

17 (B) to expand the use of microgrids; and 

18 (C) to improve energy resiliency. 

19 (g) DEFINITIONS.—In this section, the following defi20 nitions apply: 

21 (1) COVERED ENTITY.—The term ‘‘covered en22 tity’’ means a not-for-profit organization determined 

23 eligible by the Secretary for purposes of this section. 

24 (2) DEPARTMENT OF ENERGY NATIONAL LAB25 ORATORIES.—The term ‘‘Department of Energy naVerDate Sep 11 2014 00:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00373 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.RFS H4447

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1 tional laboratories’’ has the same meaning as the 

2 term ‘‘National Laboratory’’ under section 2 of the 

3 Energy Policy Act of 2005 (42 U.S.C. 15801). 

4 (3) MICROGRID.—The term ‘‘microgrid’’ means 

5 an electric system— 

6 (A) that serves the local community with a 

7 power generation and distribution system; and 

8 (B) that has the ability— 

9 (i) to disconnect from a traditional 

10 electric grid; and 

11 (ii) to operate autonomously when dis12 connected. 

13 (4) RENEWABLE ENERGY; RENEWABLE ENERGY

14 SYSTEM.—The terms ‘‘renewable energy’’ and ‘‘re15 newable energy system’’ have the meanings given 

16 those terms in section 415(c) of the Energy Con17 servation and Production Act (42 U.S.C. 6865(c)). 

18 (5) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Energy. 

20 (6) SMART GRID.—The term ‘‘smart grid’’ 

21 means an intelligent electric grid that uses digital 

22 communications technology, information systems, 

23 and automation to, while maintaining high system 

24 reliability— 


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1 (A) detect and react to local changes in 

2 usage; 

3 (B) improve system operating efficiency; 

4 and 

5 (C) reduce spending costs. 

6 (7) TERRITORY.—The term ‘‘territory’’ means 

7 the Commonwealth of Puerto Rico, Guam, the 

8 United States Virgin Islands, American Samoa, and 

9 the Commonwealth of the Northern Mariana Is10 lands. 

11 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated such sums as may be 

13 necessary to carry out this section. 

14 Subtitle H—Other 

15 SEC. 2801. AMENDMENT TO ENERGY POLICY ACT OF 2005 

16 DEFINITION OF RENEWABLE ENERGY. 

17 (a) IN GENERAL.—Section 203 of the Energy Policy 

18 Act of 2005 (42 U.S.C. 15852) is amended— 

19 (1) in subsection (b)(2), by striking ‘‘gen20 erated’’ and inserting ‘‘produced’’; and 

21 (2) in subsection (c)— 

22 (A) by redesignating paragraphs (1) 

23 through (3) as subparagraphs (A) through (C), 

24 respectively, and indenting appropriately; 


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1 (B) in the matter preceding subparagraph 

2 (A) (as so redesignated), by striking ‘‘For pur3 poses’’ and inserting the following: 

4 ‘‘(1) IN GENERAL.—For purposes’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(2) SEPARATE CALCULATION.— 

7 ‘‘(A) IN GENERAL.—For purposes of deter8 mining compliance with the requirement of this 

9 section, any energy consumption that is avoided 

10 through the use of geothermal energy shall be 

11 considered to be renewable energy produced. 

12 ‘‘(B) EFFICIENCY ACCOUNTING.—Energy 

13 consumption that is avoided through the use of 

14 geothermal energy that is considered to be re15 newable energy under this section shall not be 

16 considered energy efficiency for the purpose of 

17 compliance with Federal energy efficiency goals, 

18 targets, and incentives.’’. 

19 (b) CONFORMING AMENDMENT.—Section 2410q(a) 

20 of title 10, United States Code, is amended by striking 

21 ‘‘section 203(b)(2) of the Energy Policy Act of 2005 (42 

22 U.S.C. 15852(b)(2))’’ and inserting ‘‘section 203(b) of the 

23 Energy Policy Act of 2005 (42 U.S.C. 15852(b))’’. 


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1 TITLE III—CARBON POLLUTION 

2 REDUCTION TECHNOLOGIES 

3 Subtitle A—Fossil Energy Research 

4 and Development 

5 SEC. 3101. DEFINITIONS. 

6 For purposes of this part: 

7 (1) DEPARTMENT.—The term ‘‘Department’’ 

8 means the Department of Energy. 

9 (2) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Energy. 

11 SEC. 3102. FOSSIL ENERGY OBJECTIVES. 

12 Section 961 of the Energy Policy Act of 2005 (42 

13 U.S.C. 16291) is amended— 

14 (1) in subsection (a)— 

15 (A) by striking paragraph (2) and insert16 ing the following: 

17 ‘‘(2) Decreasing the cost of emissions control 

18 technologies for fossil energy production, generation, 

19 and delivery.’’; 

20 (B) by striking paragraph (7) and insert21 ing the following: 

22 ‘‘(7) Increasing the export of emissions control 

23 technologies from the United States for fossil en24 ergy-related equipment, technology, and services.’’; 

25 and 


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1 (C) by adding at the end the following: 

2 ‘‘(8) Improving the conversion, use, and storage 

3 of carbon oxides. 

4 ‘‘(9) Lowering greenhouse gas emissions for all 

5 fossil fuel production, generation, delivery, and utili6 zation, to the maximum extent possible. 

7 ‘‘(10) Preventing, predicting, monitoring, and 

8 mitigating the unintended leaking of methane, car9 bon dioxide, or other fossil fuel-related emissions 

10 into the atmosphere. 

11 ‘‘(11) Improving the separation and purification 

12 of helium from fossil fuel resources. 

13 ‘‘(12) Reducing water use, improving water 

14 reuse, and minimizing the surface and subsurface 

15 environmental impact in the development of uncon16 ventional domestic oil and natural gas resources. 

17 ‘‘(13) Developing carbon removal and utiliza18 tion technologies, products, and methods that result 

19 in net reductions in greenhouse gas emissions, in20 cluding direct air capture and storage and carbon 

21 use and reuse for commercial application.’’; 

22 (2) by striking subsections (c) through (e) and 

23 inserting the following: 

24 ‘‘(c) PRIORITIZATION.—In carrying out this section, 

25 the Secretary shall prioritize technologies and strategies 


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1 that have the potential to meet emissions reduction goals 

2 in the agreement of the twenty-first session of the Con3 ference of the Parties to the United Nations Framework 

4 Convention on Climate Change. 

5 ‘‘(d) LIMITATION.—None of the funds authorized 

6 under this section may be used for Fossil Energy Environ7 mental Restoration or Import/Export Authorization.’’. 

8 SEC. 3103. CARBON CAPTURE TECHNOLOGIES. 

9 (a) CARBON CAPTURE PROGRAM.—Section 962 of 

10 the Energy Policy Act of 2005 (42 U.S.C. 16292) is 

11 amended to read as follows: 

12 ‘‘SEC. 962. CARBON CAPTURE TECHNOLOGIES. 

13 ‘‘(a) IN GENERAL.—The Secretary shall conduct a 

14 program of research, development, demonstration, and 

15 commercial application of carbon capture technologies, 

16 which shall include facilitation of the development and use 

17 of— 

18 ‘‘(1) carbon capture technologies for coal and 

19 natural gas; 

20 ‘‘(2) innovations to significantly decrease emis21 sions at existing power plants; 

22 ‘‘(3) innovations to significantly decrease emis23 sions in manufacturing and industrial applications, 

24 including at biofuel facilities; and 

25 ‘‘(4) advanced separation technologies. 


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1 ‘‘(b) INVESTMENT.—As a part of the program under 

2 subsection (a), the Secretary shall maintain robust invest3 ments in carbon capture technologies for coal and natural 

4 gas applications. 

5 ‘‘(c) LARGE-SCALE PILOTS.—In carrying out this 

6 section, the Secretary is encouraged to support pilot 

7 projects that test carbon capture technologies on coal and 

8 natural gas power and industrial systems below the 100 

9 megawatt scale, consistent with section 988(b). 

10 ‘‘(d) COST AND PERFORMANCE GOALS.—In carrying 

11 out the program under subsection (a), the Secretary shall 

12 establish cost and performance goals to assist in the tran13 sition of carbon capture research to commercially viable 

14 technologies. 

15 ‘‘(e) CARBON CAPTURE PILOT TEST CENTERS.— 

16 ‘‘(1) IN GENERAL.—As a part of the program 

17 under subsection (a), not later than 1 year after the 

18 date of the enactment of this section, the Secretary 

19 shall award grants to eligible entities for the oper20 ation of not less than three Carbon Capture Test 

21 Centers (in this subsection, known as the ‘Centers’) 

22 to provide unique testing capabilities for innovative 

23 carbon capture technologies for power and industrial 

24 systems. 

25 ‘‘(2) PURPOSE.—Each Center shall— 


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1 ‘‘(A) advance research, development, dem2 onstration, and commercial application of car3 bon capture technologies for power and indus4 trial systems; and 

5 ‘‘(B) test technologies that represent the 

6 scale of technology development beyond labora7 tory testing, but not yet advanced to testing 

8 under operational conditions at commercial 

9 scale. 

10 ‘‘(3) APPLICATION.—An entity seeking to oper11 ate a Center under this subsection shall submit to 

12 the Secretary an application at such time and in 

13 such manner as the Secretary may require. 

14 ‘‘(4) PRIORITY CRITERIA.—In selecting applica15 tions to operate a Center under this subsection, the 

16 Secretary shall prioritize applicants that— 

17 ‘‘(A) have access to existing or planned re18 search facilities with modular technology capa19 bilities; 

20 ‘‘(B) are institutions of higher education 

21 with established expertise in engineering and 

22 design for carbon capture technologies, or part23 nerships with such institutions; 


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1 ‘‘(C) have access to existing research and 

2 test facilities for pre-combustion, post-combus3 tion, or oxy-combustion technologies; or 

4 ‘‘(D) have test capabilities to address scal5 ing challenges of integrating carbon capture 

6 technologies with utility scale power plants. 

7 ‘‘(5) CONSIDERATIONS.—In awarding grants 

8 for the operation of the Centers under this sub9 section, the Secretary shall ensure that— 

10 ‘‘(A) the portfolio of Centers includes a di11 verse representation of regional and resource 

12 characteristics; and 

13 ‘‘(B) each new Center demonstrates unique 

14 research capabilities, unique regional benefits, 

15 or new technology development opportunities. 

16 ‘‘(6) SCHEDULE.—Each grant to operate a 

17 Center under this subsection shall be awarded for a 

18 term of not more than 5 years, subject to the avail19 ability of appropriations. The Secretary may renew 

20 such 5-year term without limit, subject to a rigorous 

21 merit review. 

22 ‘‘(7) TERMINATION.—To the extent otherwise 

23 authorized by law, the Secretary may eliminate a 

24 Center during any 5-year term described in para25 graph (6) if such Center is underperforming. 


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1 ‘‘(f) DEMONSTRATIONS.— 

2 ‘‘(1) IN GENERAL.—As a part of the program 

3 under subsection (a), the Secretary may provide 

4 grants for large-scale demonstration projects for 

5 power and industrial systems that test the scale of 

6 technology necessary to gain the operational data 

7 needed to understand the technical and performance 

8 risks of the technology before the application of the 

9 technology at commercial scale, in accordance with 

10 this subsection. 

11 ‘‘(2) ENGINEERING AND DESIGN STUDIES.— 

12 The Secretary is authorized to fund front-end engi13 neering and design studies in addition to, or in ad14 vance of, issuing an award for a demonstration 

15 project under this subsection. 

16 ‘‘(3) APPLICATION.—An entity seeking an 

17 award to conduct a demonstration project under this 

18 subsection shall submit to the Secretary an applica19 tion at such time and in such manner as the Sec20 retary may require. 

21 ‘‘(4) LIMITATIONS.—The Secretary shall only 

22 provide an award under this subsection after review23 ing each applicant and application regarding— 

24 ‘‘(A) financial strength; 

25 ‘‘(B) construction schedule; 


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1 ‘‘(C) market risk; and 

2 ‘‘(D) contractor history. 

3 ‘‘(5) REQUIREMENTS.—A demonstration project 

4 funded under this subsection shall— 

5 ‘‘(A) utilize technologies that have com6 pleted pilot-scale testing or the equivalent, as 

7 determined by the Secretary; 

8 ‘‘(B) secure and maintain agreements for 

9 the utilization or sequestration of captured car10 bon dioxide; and 

11 ‘‘(C) upon completion, demonstrate carbon 

12 capture technologies on a power or industrial 

13 system capable of capturing not less than 

14 100,000 tons of carbon dioxide annually. 

15 ‘‘(g) DEFINITION OF POWER SYSTEM.—In this sec16 tion, the term ‘power system’ means any electricity gener17 ating unit that utilizes fossil fuels to generate electricity 

18 provided to the electric grid or directly to a consumer. 

19 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to the Secretary for ac21 tivities under subsections (a) through (f)— 

22 ‘‘(1) $300,000,000 for fiscal year 2021; 

23 ‘‘(2) $315,000,000 for fiscal year 2022; 

24 ‘‘(3) $330,750,000 for fiscal year 2023; 

25 ‘‘(4) $347,288,000 for fiscal year 2024; and 


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1 ‘‘(5) $364,652,000 for fiscal year 2025. 

2 ‘‘(i) COMMERCIAL DEMONSTRATION.— 

3 ‘‘(1) IN GENERAL.—The Secretary shall estab4 lish a carbon capture technology commercialization 

5 program to improve the efficiency, effectiveness, 

6 cost, and environmental performance of such tech7 nologies for power, industrial, transportation, and 

8 other commercial applications. Such program shall 

9 include funding for commercial carbon capture tech10 nology projects for up to five demonstrations of a 

11 particular technology type. 

12 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated to carry out 

14 this subsection $1,500,000,000 for each of fiscal 

15 years 2021 through 2025.’’. 

16 (b) GAO STUDY.— 

17 (1) IN GENERAL.—Not later than 1 year after 

18 the date of enactment of this Act, the Comptroller 

19 General of the United States shall submit to the 

20 Committee on Science, Space, and Technology of the 

21 House of Representatives and the Committee on En22 ergy and Natural Resources of the Senate a report 

23 on the results of a study of the Department’s suc24 cesses, failures, practices, and improvements in car25 rying out demonstration projects for carbon capture 


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1 technologies for power and industrial systems. In 

2 conducting the study, the Comptroller General shall 

3 consider— 

4 (A) applicant and contractor qualifications; 

5 (B) project management practices at the 

6 Department; 

7 (C) economic or market changes and other 

8 factors impacting project viability; 

9 (D) completion of third-party agreements, 

10 including power purchase agreements and car11 bon dioxide offtake agreements; 

12 (E) regulatory challenges; and 

13 (F) construction challenges. 

14 (2) CONSIDERATION.—The Secretary shall con15 sider any relevant recommendations, as determined 

16 by the Secretary, provided in the report required 

17 under paragraph (1), and shall adopt such rec18 ommendations as the Secretary considers appro19 priate. 

20 (3) POWER SYSTEM DEFINED.—In this section, 

21 the term ‘‘power system’’ means any electricity gen22 erating unit that utilizes fossil fuels to generate elec23 tricity provided to the electric grid or directly to a 

24 consumer. 


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1 SEC. 3104. NATURAL GAS CARBON CAPTURE RESEARCH, 

2 DEVELOPMENT, AND DEMONSTRATION PRO3 GRAM. 

4 (a) IN GENERAL.—Subtitle F of title IX of the En5 ergy Policy Act of 2005 (42 U.S.C. 16291 et seq.) is 

6 amended by adding at the end the following: 

7 ‘‘SEC. 969. NATURAL GAS CARBON CAPTURE RESEARCH, 

8 DEVELOPMENT, AND DEMONSTRATION PRO9 GRAM. 

10 ‘‘(a) DEFINITIONS.—In this section: 

11 ‘‘(1) NATURAL GAS.—The term ‘natural gas’ 

12 includes any fuel consisting in whole or in part of— 

13 ‘‘(A) natural gas; 

14 ‘‘(B) liquid petroleum gas; 

15 ‘‘(C) synthetic gas derived from petroleum 

16 or natural gas liquids; or 

17 ‘‘(D) any mixture of natural gas and syn18 thetic gas. 

19 ‘‘(2) QUALIFYING ELECTRIC GENERATION FA20 CILITY.—The term ‘qualifying electric generation fa21 cility’ means a facility that generates electric energy 

22 through the use of natural gas or a facility that gen23 erates hydrogen from natural gas. 

24 ‘‘(3) QUALIFYING TECHNOLOGY.—The term 

25 ‘qualifying technology’ means any technology to cap26 ture carbon dioxide produced during the generation 


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1 of electricity from natural gas power systems or dur2 ing the generation of hydrogen from natural gas. 

3 ‘‘(b) ESTABLISHMENT OF RESEARCH, DEVELOP4 MENT, AND DEMONSTRATION PROGRAM.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall estab6 lish a program under which the Secretary shall, 

7 through a competitive, merit-reviewed process, award 

8 grants to eligible entities to conduct research, devel9 opment, and demonstration of qualifying tech10 nologies. 

11 ‘‘(2) OBJECTIVES.—The objectives of the pro12 gram established under paragraph (1) shall be— 

13 ‘‘(A) to conduct research to accelerate the 

14 development of qualifying technologies to reduce 

15 the quantity of carbon dioxide emissions re16 leased from qualifying electric generation facili17 ties, including— 

18 ‘‘(i) pre- and post-combustion capture 

19 technologies; and 

20 ‘‘(ii) technologies to improve the ther21 modynamics, kinetics, scalability, dura22 bility, and flexibility of carbon capture 

23 technologies for use during the generation 

24 of electricity from natural gas power sys25 tems; 


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1 ‘‘(B) to expedite and carry out demonstra2 tion projects (including pilot projects) for quali3 fying technologies in partnership with quali4 fying electric generation facilities in order to 

5 demonstrate the technical feasibility and eco6 nomic potential for commercial deployment of 

7 technologies developed pursuant to subpara8 graph (A); and 

9 ‘‘(C) to identify any barriers to the com10 mercial deployment of any qualifying tech11 nologies under development pursuant to re12 search conducted pursuant to subparagraph 

13 (A). 

14 ‘‘(3) ELIGIBLE ENTITIES.— An entity eligible 

15 to receive a grant under this subsection is— 

16 ‘‘(A) a National Laboratory; 

17 ‘‘(B) an institution of higher education; 

18 ‘‘(C) a research facility; 

19 ‘‘(D) a multi-institutional collaboration; or 

20 ‘‘(E) another appropriate entity or com21 bination of any of the entities specified in sub22 paragraphs (A) through (D). 

23 ‘‘(c) CARBON CAPTURE FACILITIES DEMONSTRATION

24 PROGRAM.— 


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1 ‘‘(1) ESTABLISHMENT.—As part of the pro2 gram established under paragraph (1), the Secretary 

3 shall establish a demonstration program under which 

4 the Secretary shall, through a competitive, merit-re5 viewed process, enter into cooperative agreements 

6 with entities that submit applications pursuant to 

7 paragraph (4) for demonstration or pilot projects to 

8 construct and operate, by not later than September 

9 30, 2025, up to five facilities to capture carbon diox10 ide from qualifying electric generation facilities. The 

11 Secretary shall, to the maximum extent practicable, 

12 provide technical assistance to any entity seeking to 

13 enter into such a cooperative agreement in obtaining 

14 any necessary permits and licenses to demonstrate 

15 qualifying technologies. 

16 ‘‘(2) COOPERATIVE AGREEMENTS.—The Sec17 retary may enter into a cooperative agreement under 

18 this subsection with industry stakeholders, including 

19 any such industry stakeholder operating in partner20 ship with National Laboratories, institutions of high21 er education, multi-institutional collaborations, and 

22 other appropriate entities. 

23 ‘‘(3) GOALS.—Each demonstration or pilot 

24 project carried out pursuant to the demonstration 

25 program under this subsection shall— 


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1 ‘‘(A) be designed to further the develop2 ment of qualifying technologies that may be 

3 used by a qualifying electric generation facility; 

4 ‘‘(B) be financed in part by the private 

5 sector; 

6 ‘‘(C) if necessary, secure agreements for 

7 the offtake of carbon dioxide emissions captured 

8 by qualifying technologies during the project; 

9 and 

10 ‘‘(D) support energy production in the 

11 United States. 

12 ‘‘(4) REQUEST FOR APPLICATIONS.—Not later 

13 than 120 days after the date of enactment of this 

14 Act, the Secretary shall solicit applications for coop15 erative agreements for projects— 

16 ‘‘(A) to demonstrate qualifying tech17 nologies at up to five qualifying electric genera18 tion facilities; and 

19 ‘‘(B) to construct and operate three or 

20 more facilities to capture carbon dioxide from a 

21 qualifying electric generation facility. 

22 ‘‘(5) REVIEW OF APPLICATIONS.—In consid23 ering applications submitted under paragraph (4), 

24 the Secretary, to the maximum extent practicable, 

25 shall— 


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1 ‘‘(A) ensure a broad geographic distribu2 tion of project sites; 

3 ‘‘(B) ensure that a broad selection of 

4 qualifying electric generation facilities are rep5 resented; 

6 ‘‘(C) ensure that a broad selection of quali7 fying technologies are represented; 

8 ‘‘(D) require information and knowledge 

9 gained by each participant in the demonstration 

10 program to be transferred and shared among 

11 all participants in the demonstration program; 

12 and 

13 ‘‘(E) leverage existing— 

14 ‘‘(i) public-private partnerships; and 

15 ‘‘(ii) Federal resources. 

16 ‘‘(d) COST SHARING.—In carrying out this section, 

17 the Secretary shall require cost sharing in accordance with 

18 section 988. 

19 ‘‘(e) REPORT.—Not later than 180 days after the 

20 date on which the Secretary solicits applications under 

21 subsection (c)(3), and annually thereafter, the Secretary 

22 shall submit to the appropriate committees of jurisdiction 

23 of the Senate and the House of Representatives a report 

24 that includes— 


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1 ‘‘(1) a detailed description of how applications 

2 for cooperative agreements under subsection (b) will 

3 be solicited and evaluated, including— 

4 ‘‘(A) a list of any activities carried out by 

5 the Secretary to solicit or evaluate applications; 

6 and 

7 ‘‘(B) a process for ensuring that any 

8 projects carried out under a cooperative agree9 ment are designed to result in the development 

10 or demonstration of qualifying technologies; 

11 ‘‘(2)(A) in the case of the first report under 

12 this subsection, a detailed list of technical milestones 

13 for the development and demonstration of each 

14 qualifying technology pursued under subsection (b); 

15 and 

16 ‘‘(B) in the case of each subsequent report 

17 under this subsection, the progress made towards 

18 achieving such technical milestones during the pe19 riod covered by the report; and 

20 ‘‘(3) with respect to the demonstration program 

21 established under subsection (c), includes— 

22 ‘‘(A) an estimate of the cost of licensing, 

23 permitting, constructing, and operating each 

24 carbon capture facility expected to be con25 structed under that demonstration program; 


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1 ‘‘(B) a schedule for the planned construc2 tion and operation of each demonstration or 

3 pilot project; and 

4 ‘‘(C) an estimate of any financial assist5 ance, compensation, or incentives proposed to 

6 be paid by the host State, Indian Tribe, or local 

7 government with respect to each facility. 

8 ‘‘(f) There are authorized to be appropriated to the 

9 Secretary to carry out this section $50,000,000, to remain 

10 available until expended, for each of fiscal years 2021 

11 through 2025.’’. 

12 (b) CLERICAL AMENDMENT.—The table of contents 

13 for the Energy Policy Act of 2005 (Public Law 109–58; 

14 119 Stat. 600) is amended by inserting after the item re15 lating to section 968 the following: 

‘‘Sec. 969. Natural gas carbon capture research, development, and demonstration program.’’. 

16 SEC. 3105. CARBON STORAGE VALIDATION AND TESTING. 

17 Section 963 of the Energy Policy Act of 2005 (42 

18 U.S.C. 16293) is amended to read as follows: 

19 ‘‘SEC. 963. CARBON STORAGE VALIDATION AND TESTING. 

20 ‘‘(a) CARBON STORAGE.—The Secretary, in consulta21 tion with the Administrator of the Environmental Protec22 tion Agency, shall carry out a program of research, devel23 opment, and demonstration for carbon storage. The pro24 gram shall— 


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1 ‘‘(1) in coordination with relevant Federal agen2 cies, develop and maintain mapping tools and re3 sources that assess the capacity of geologic storage 

4 formations in the United States; 

5 ‘‘(2) develop monitoring tools, modeling of geo6 logic formations, and analyses to predict and verify 

7 carbon dioxide containment and account for seques8 tered carbon dioxide in geologic storage sites; 

9 ‘‘(3) research potential environmental, safety, 

10 and health impacts in the event of a leak to the at11 mosphere or to an aquifer, and any corresponding 

12 mitigation actions or responses to limit harmful con13 sequences; 

14 ‘‘(4) evaluate the interactions of carbon dioxide 

15 with formation solids and fluids, including the pro16 pensity of injections to induce seismic activity; 

17 ‘‘(5) assess and ensure the safety of operations 

18 related to geologic sequestration of carbon dioxide; 

19 ‘‘(6) determine the fate of carbon dioxide con20 current with and following injection into geologic 

21 formations; 

22 ‘‘(7) support cost and business model assess23 ments to examine the economic viability of tech24 nologies and systems developed under this program; 

25 and 


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1 ‘‘(8) provide information to State, local, and 

2 Tribal governments, the Environmental Protection 

3 Agency, and other appropriate entities, to support 

4 development of a regulatory framework for commer5 cial-scale sequestration operations that ensure the 

6 protection of human health and the environment. 

7 ‘‘(b) GEOLOGIC SETTINGS.—In carrying out research 

8 activities under this section, the Secretary shall consider 

9 a variety of candidate geologic settings, both onshore and 

10 offshore, including— 

11 ‘‘(1) operating oil and gas fields; 

12 ‘‘(2) depleted oil and gas fields; 

13 ‘‘(3) residual oil zones; 

14 ‘‘(4) unconventional reservoirs and rock types; 

15 ‘‘(5) unmineable coal seams; 

16 ‘‘(6) saline formations in both sedimentary and 

17 basaltic geologies; 

18 ‘‘(7) geologic systems that may be used as engi19 neered reservoirs to extract economical quantities of 

20 brine from geothermal resources of low permeability 

21 or porosity; and 

22 ‘‘(8) geologic systems containing in situ carbon 

23 dioxide mineralization formations. 

24 ‘‘(c) REGIONAL CARBON SEQUESTRATION PARTNER25 SHIPS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall carry 

2 out large-scale carbon sequestration demonstrations 

3 for geologic containment of carbon dioxide to collect 

4 and validate information on the cost and feasibility 

5 of commercial deployment of technologies for the 

6 geologic containment of carbon dioxide. The Sec7 retary may fund new demonstrations or expand the 

8 work completed at one or more of the existing re9 gional carbon sequestration partnerships. 

10 ‘‘(2) DEMONSTRATION COMPONENTS.—Each 

11 demonstration described in paragraph (1) shall in12 clude longitudinal tests involving carbon dioxide in13 jection and monitoring, mitigation, and verification 

14 operations. 

15 ‘‘(3) CLEARINGHOUSE.—The National Energy 

16 Technology Laboratory shall act as a clearinghouse 

17 of shared information and resources for the regional 

18 carbon sequestration partnerships and any new dem19 onstrations funded under this section. 

20 ‘‘(4) REPORT.—Not later than 1 year after the 

21 date of enactment of this section, the Secretary shall 

22 provide to the Committee on Science, Space, and 

23 Technology of the House of Representatives and the 

24 Committee on Energy and Natural Resources of the 

25 Senate a report that— 


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1 ‘‘(A) assesses the progress of all regional 

2 carbon sequestration partnerships; 

3 ‘‘(B) identifies the remaining challenges in 

4 achieving carbon sequestration that is reliable 

5 and safe for the environment and public health; 

6 and 

7 ‘‘(C) creates a roadmap for Department of 

8 Energy carbon storage research and develop9 ment activities through 2030 with the goal of 

10 reducing economic and policy barriers to com11 mercial carbon sequestration. 

12 ‘‘(5) LARGE-SCALE CARBON SEQUESTRATION.— 

13 For purposes of this subsection, ‘large-scale carbon 

14 sequestration’ means a scale that demonstrates the 

15 ability to inject and sequester several million metric 

16 tons carbon dioxide for at least 10 years. 

17 ‘‘(d) INTEGRATED STORAGE PROJECTS.—The Sec18 retary may carry out a program for the purpose of 

19 transitioning the large-scale carbon sequestration dem20 onstration projects under subsection (c) into integrated, 

21 commercial storage complexes. The program shall focus 

22 on— 

23 ‘‘(1) qualifying geologic storage sites in order to 

24 accept large volumes of carbon dioxide acceptable for 

25 commercial contracts; 


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1 ‘‘(2) understanding the technical and commer2 cial viability of storage sites; 

3 ‘‘(3) developing the qualification processes that 

4 will be necessary for a diverse range of geologic stor5 age sites to commercially accept carbon dioxide; and 

6 ‘‘(4) any other activities the Secretary deter7 mines necessary to transition the large scale dem8 onstration storage projects into commercial ventures. 

9 ‘‘(e) COST SHARING.—The Secretary shall require 

10 cost sharing under this section in accordance with section 

11 988. 

12 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the Secretary for ac14 tivities under this section— 

15 ‘‘(1) $620,000,000 for fiscal year 2021; 

16 ‘‘(2) $626,000,000 for fiscal year 2022; 

17 ‘‘(3) $632,300,000 for fiscal year 2023; 

18 ‘‘(4) $638,915,000 for fiscal year 2024; and 

19 ‘‘(5) $645,860,750 for fiscal year 2025.’’. 

20 SEC. 3106. CARBON UTILIZATION. 

21 (a) PROGRAM.—Subtitle F of title IX of the Energy 

22 Policy Act of 2005 (42 U.S.C. 16291 et seq.), as amended 

23 by this Act, is amended by adding at the end the following: 


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1 ‘‘SEC. 970. CARBON UTILIZATION. 

2 ‘‘(a) IN GENERAL.—The Secretary shall carry out a 

3 program of research, development, and demonstration for 

4 carbon utilization. The program shall— 

5 ‘‘(1) assess and monitor potential changes in 

6 life cycle carbon dioxide and other greenhouse gas 

7 emissions, and other environmental safety indicators 

8 of new technologies, practices, processes, or meth9 ods, used in enhanced hydrocarbon recovery as part 

10 of the activities authorized in section 963 of the En11 ergy Policy Act of 2005 (42 U.S.C. 16293); 

12 ‘‘(2) identify and evaluate novel uses for car13 bon, including the conversion of carbon oxides, in a 

14 manner that, on a full life-cycle basis, achieves a 

15 permanent reduction in, or avoidance of a net in16 crease in carbon dioxide in the atmosphere, for use 

17 in commercial and industrial products, such as— 

18 ‘‘(A) chemicals; 

19 ‘‘(B) plastics; 

20 ‘‘(C) building materials; 

21 ‘‘(D) fuels; 

22 ‘‘(E) cement; 

23 ‘‘(F) products of coal utilization in power 

24 systems (as such term is defined in section 

25 962(e)), or other applications; or 


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1 ‘‘(G) other products with demonstrated 

2 market value; 

3 ‘‘(3) carbon capture technologies for industrial 

4 systems; 

5 ‘‘(4) identify and assess alternative uses for 

6 coal that result in no net emissions of carbon dioxide 

7 or other pollutants, including products derived from 

8 carbon engineering, carbon fiber, and coal conversion 

9 methods. 

10 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Secretary for ac12 tivities under this section— 

13 ‘‘(1) $30,000,000 for fiscal year 2021; 

14 ‘‘(2) $31,500,000 for fiscal year 2022; 

15 ‘‘(3) $33,075,000 for fiscal year 2023; 

16 ‘‘(4) $34,729,000 for fiscal year 2024; and 

17 ‘‘(5) $36,465,000 for fiscal year 2025.’’. 

18 (b) STUDY.—The Secretary shall enter into an agree19 ment with the National Academies to conduct a study as20 sessing the barriers, and opportunities related to the com21 mercial application of carbon dioxide in the United States. 

22 Such study shall— 

23 (1) analyze the technical feasibility, related 

24 challenges, and impacts to commercializing carbon 

25 dioxide, including— 


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1 (A) creating a national system of carbon 

2 dioxide pipelines and geologic sequestration 

3 sites; 

4 (B) mitigating environmental and land5 owner impacts; and 

6 (C) regional economic challenges and op7 portunities; 

8 (2) identify potential markets, industries, or 

9 sectors that may benefit from greater access to com10 mercial carbon dioxide; 

11 (3) assess the current state of infrastructure 

12 and any necessary updates to allow for the integra13 tion of safe and reliable carbon dioxide transpor14 tation, utilization, and storage; 

15 (4) estimate the economic, climate, and environ16 mental impacts of any well-integrated national car17 bon dioxide pipeline system, including suggestions 

18 for policies that could improve the economic impact 

19 of the system; 

20 (5) assess the global status and progress of car21 bon utilization technologies (both chemical and bio22 logical) in practice today that utilize waste carbon 

23 (including carbon dioxide, carbon monoxide, meth24 ane, and biogas) from power generation, biofuels 

25 production, and other industrial processes that may 


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1 be important to minimizing net greenhouse gas 

2 emissions; 

3 (6) identify emerging technologies and ap4 proaches for carbon utilization that show promise 

5 for scale-up, demonstration, deployment, and com6 mercialization relevant to minimizing net greenhouse 

7 gas emissions; 

8 (7) analyze the factors associated with making 

9 carbon utilization technologies that may be impor10 tant to minimizing net greenhouse gas emissions via11 ble at a commercial scale, including carbon waste 

12 stream availability, economics, market capacity, en13 ergy and lifecycle requirements; 

14 (8) assess the major technical challenges associ15 ated with increasing the commercial viability of car16 bon reuse technologies, and identify the research and 

17 development questions that will address those chal18 lenges; 

19 (9) assess current research efforts, including 

20 engineering and computational, that are addressing 

21 these challenges and identify gaps in the current re22 search portfolio; and 

23 (10) develop a comprehensive research agenda 

24 that addresses both long- and short-term research 

25 needs and opportunities for technologies that may be 


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1 important to minimizing net greenhouse gas emis2 sions. 

3 SEC. 3107. ADVANCED ENERGY SYSTEMS. 

4 Subtitle F of title IX of the Energy Policy Act of 

5 2005 (42 U.S.C. 16291 et seq.), as amended by this Act, 

6 is further amended by adding at the end the following: 

7 ‘‘SEC. 970A. ADVANCED ENERGY SYSTEMS. 

8 ‘‘(a) IN GENERAL.—The Secretary shall conduct a 

9 program, with the purpose of reducing emissions from fos10 sil fuel power generation by not less than 50 percent, of 

11 research, development, demonstration, and commercial ap12 plication with respect to the following: 

13 ‘‘(1) High-efficiency turbines in accordance with 

14 the program under section 970A–1. 

15 ‘‘(2) Supercritical and ultrasupercritical carbon 

16 dioxide, with an emphasis on developing directly17 fired and indirectly fired cycles in the next 10 years. 

18 ‘‘(3) Advanced combustion systems, including 

19 oxy-combustion systems and chemical looping. 

20 ‘‘(4) Fuel cell technologies for low-cost, high-ef21 ficiency, fuel-flexible, modular power systems, includ22 ing solid oxide fuel cell technology for commercial, 

23 residential, and distributed generation systems, 

24 using improved manufacturing production and proc25 esses. 


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1 ‘‘(5) Gasification systems to enable carbon cap2 ture, improve efficiency, and reduce capital and op3 erating costs. 

4 ‘‘(6) Thermal cycling with ramping or rapid 

5 black start capabilities that do not compromise effi6 ciency or environmental performance. 

7 ‘‘(7) Small-scale and modular coal-fired tech8 nologies with reduced carbon outputs or carbon cap9 ture that can support incremental power generation 

10 capacity additions. 

11 ‘‘(b) PRIORITY.—In carrying out the program under 

12 subsection (a), the Secretary is encouraged to prioritize 

13 transformational technologies that enable a step change 

14 in reduction of emissions as compared to the technology 

15 in existence on the date of enactment of this section. 

16 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to the Secretary for ac18 tivities under this section and section 970A–1— 

19 ‘‘(1) $150,000,000 for fiscal year 2021; 

20 ‘‘(2) $157,500,000 for fiscal year 2022; 

21 ‘‘(3) $165,375,000 for fiscal year 2023; 

22 ‘‘(4) $173,643,750 for fiscal year 2024; and 

23 ‘‘(5) $182,325,938 for fiscal year 2025. 


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1 ‘‘SEC. 970A–1. HIGH EFFICIENCY GAS TURBINES. 

2 ‘‘(a) IN GENERAL.—The Secretary of Energy, 

3 through the Office of Fossil Energy, shall carry out a 

4 multiyear, multiphase program of research, development, 

5 and technology demonstration to improve the efficiency of 

6 gas turbines used in power generation systems and to 

7 identify the technologies that ultimately will lead to gas 

8 turbine combined cycle efficiency of 67 percent or simple 

9 cycle efficiency of 50 percent. 

10 ‘‘(b) PROGRAM ELEMENTS.—The program under this 

11 section shall— 

12 ‘‘(1) support first-of-a-kind engineering and de13 tailed gas turbine design for megawatt-scale and 

14 utility-scale electric power generation, including— 

15 ‘‘(A) high temperature materials, including 

16 superalloys, coatings, and ceramics; 

17 ‘‘(B) improved heat transfer capability; 

18 ‘‘(C) manufacturing technology required to 

19 construct complex three-dimensional geometry 

20 parts with improved aerodynamic capability; 

21 ‘‘(D) combustion technology to produce 

22 higher firing temperature while lowering nitro23 gen oxide and carbon monoxide emissions per 

24 unit of output; 

25 ‘‘(E) advanced controls and systems inte26 gration; 


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1 ‘‘(F) advanced high performance com2 pressor technology; and 

3 ‘‘(G) validation facilities for the testing of 

4 components and subsystems; 

5 ‘‘(2) include technology demonstration through 

6 component testing, subscale testing, and full-scale 

7 testing in existing fleets; 

8 ‘‘(3) include field demonstrations of the devel9 oped technology elements so as to demonstrate tech10 nical and economic feasibility; and 

11 ‘‘(4) assess overall combined cycle and simple 

12 cycle system performance. 

13 ‘‘(c) PROGRAM GOALS.—The goals of the multiphase 

14 program established under subsection (a) shall be— 

15 ‘‘(1) in phase I— 

16 ‘‘(A) to develop the conceptual design of 

17 advanced high efficiency gas turbines that can 

18 achieve at least 65-percent combined cycle effi19 ciency or 47-percent simple cycle efficiency on 

20 a lower heating value basis; and 

21 ‘‘(B) to develop and demonstrate the tech22 nology required for advanced high efficiency gas 

23 turbines that can achieve at least 65-percent 

24 combined cycle efficiency or 47-percent simple 


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1 cycle efficiency on a lower heating value basis; 

2 and 

3 ‘‘(2) in phase II, to develop the conceptual de4 sign for advanced high efficiency gas turbines that 

5 can achieve at least 67-percent combined cycle effi6 ciency or 50-percent simple cycle efficiency on a 

7 lower heating value basis. 

8 ‘‘(d) PROPOSALS.—Not later than 180 days after the 

9 date of enactment of this section, the Secretary shall so10 licit grant and contract proposals from industry, small 

11 businesses, universities, and other appropriate parties for 

12 conducting activities under this Act. In selecting pro13 posals, the Secretary shall emphasize— 

14 ‘‘(1) the extent to which the proposal will stim15 ulate the creation or increased retention of jobs in 

16 the United States; and 

17 ‘‘(2) the extent to which the proposal will pro18 mote and enhance United States technology leader19 ship. 

20 ‘‘(e) COMPETITIVE AWARDS.—The provision of fund21 ing under this section shall be on a competitive basis with 

22 an emphasis on technical merit. 

23 ‘‘(f) COST SHARING.—Section 988 of the Energy Pol24 icy Act of 2005 (42 U.S.C. 16352) shall apply to an award 

25 of financial assistance made under this section. 


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1 ‘‘(g) LIMITS ON PARTICIPATION.—The limits on par2 ticipation applicable under section 999E of the Energy 

3 Policy Act of 2005 (42 U.S.C. 16375) shall apply to finan4 cial assistance awarded under this section.’’. 

5 SEC. 3108. RARE EARTH ELEMENTS. 

6 Subtitle F of title IX of the Energy Policy Act of 

7 2005 (42 U.S.C. 16291 et seq.) is further amended by 

8 adding at the end the following: 

9 ‘‘SEC. 970B. RARE EARTH ELEMENTS. 

10 ‘‘(a) IN GENERAL.—In coordination with the relevant 

11 Federal agencies, the Secretary shall conduct research to 

12 develop and assess methods to separate and recover rare 

13 earth elements and other strategic minerals and coprod14 ucts from coal and coal byproduct streams. The program 

15 shall— 

16 ‘‘(1) develop advanced rare earth element sepa17 ration and extraction processes using coal-based re18 sources as feedstock materials; 

19 ‘‘(2) assess the technical and economic feasi20 bility of recovering rare earth elements from coal21 based resources and validate such feasibility with 

22 prototype systems producing salable, high-purity 

23 rare earth elements from coal-based resources; and 


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1 ‘‘(3) assess and mitigate any environmental and 

2 public health impacts of recovering rare earth ele3 ments from coal-based resources. 

4 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to the Secretary for ac6 tivities under this section— 

7 ‘‘(1) $23,000,000 for fiscal year 2021; 

8 ‘‘(2) $24,150,000 for fiscal year 2022; 

9 ‘‘(3) $25,357,500 for fiscal year 2023; 

10 ‘‘(4) $26,625,375 for fiscal year 2024; and 

11 ‘‘(5) $27,956,644 for fiscal year 2025.’’. 

12 SEC. 3109. METHANE HYDRATE RESEARCH AMENDMENTS. 

13 (a) REPEAL.—Section 2 of the Methane Hydrate Re14 search and Development Act of 2000 (30 U.S.C. 2001) 

15 is repealed. 

16 (b) DEVELOPMENT.—Section 4 of the Methane Hy17 drate Research and Development Act of 2000 (30 U.S.C. 

18 2003) is amended by striking ‘‘and development’’ in each 

19 place it occurs. 

20 (c) IN GENERAL.—Section 4(b) of the Methane Hy21 drate Research and Development Act of 2000 (30 U.S.C. 

22 2003(b)) is amended to read as follows: 

23 ‘‘(b) GRANTS, CONTRACTS, COOPERATIVE AGREE24 MENTS, INTERAGENCY FUNDS TRANSFER AGREEMENTS, 

25 AND FIELD WORK PROPOSALS.— 


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1 ‘‘(1) ASSISTANCE AND COORDINATION.—In car2 rying out the program of methane hydrate research 

3 authorized by this section, the Secretary may award 

4 grants, or enter into contracts or cooperative agree5 ments to— 

6 ‘‘(A) conduct research to assess and miti7 gate the environmental impact of natural meth8 ane hydrate degassing; 

9 ‘‘(B) conduct research to identify the envi10 ronmental and health impacts of methane hy11 drate development; 

12 ‘‘(C) assess and develop technologies to 

13 mitigate environmental impacts of natural 

14 methane hydrate degassing and to mitigate en15 vironmental impacts of the exploration and 

16 commercial development of methane hydrates, 

17 including through the avoidance of the use of 

18 seismic testing; or 

19 ‘‘(D) expand education and training pro20 grams in methane hydrate research through fel21 lowships or other means for graduate education 

22 and training. 

23 ‘‘(2) ENVIRONMENTAL MONITORING AND RE24 SEARCH.— 


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1 ‘‘(A) IN GENERAL.—The Secretary, Sec2 retary of Commerce, and Secretary of the Inte3 rior shall conduct a long-term environmental 

4 monitoring and research program to study 

5 methane hydrates. 

6 ‘‘(B) NOTICE AND COMMENT.—In devel7 oping a plan for long-term environmental moni8 toring and research under subparagraph (A), 

9 the Secretaries shall publish in the Federal 

10 Register a notice providing for an opportunity 

11 for the public to comment on such plan prior to 

12 conducting monitoring and research under such 

13 subparagraph. 

14 ‘‘(3) COMPETITIVE PEER REVIEW.—Funds 

15 made available to carry out paragraphs (1) and (2) 

16 shall be made available based on a competitive proc17 ess using external scientific peer review of proposed 

18 research.’’. 

19 (d) RESPONSIBILITIES OF THE SECRETARY.—Section 

20 4(e) of the Methane Hydrate Research and Development 

21 Act of 2000 (30 U.S.C. 2003(e)) is amended to read as 

22 follows: 

23 ‘‘(e) RESPONSIBILITIES OF THE SECRETARY.—In 

24 carrying out subsection (b)(1), the Secretary shall— 


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1 ‘‘(1) facilitate and develop partnerships among 

2 government, industrial enterprises, and institutions 

3 of higher education to research methane hydrates; 

4 ‘‘(2) ensure that the data and information de5 veloped through the program are accessible and 

6 widely disseminated as needed and appropriate; 

7 ‘‘(3) promote cooperation among agencies that 

8 are developing technologies that may hold promise 

9 for methane hydrate research; 

10 ‘‘(4) report annually to Congress on the results 

11 of actions taken to carry out this chapter; and 

12 ‘‘(5) ensure, to the maximum extent prac13 ticable, greater participation by the Department of 

14 Energy in international cooperative efforts.’’. 

15 (e) CONFORMING AMENDMENT.—Section 4(e) of 

16 such Act (30 U.S.C. 2003(e)) is amended in the matter 

17 preceding paragraph (1) by striking ‘‘subsection (b)(1)’’ 

18 and inserting ‘‘paragraphs (1) and (2) of subsection (b)’’. 

19 (f) AUTHORIZATION OF APPROPRIATIONS.—Section 7 

20 of such Act (30 U.S.C. 2006) is amended to read as fol21 lows: 

22 ‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

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1 able until expended, for each of fiscal years 2021 through 

2 2025.’’. 

3 SEC. 3110. CARBON REMOVAL. 

4 Subtitle F of title IX of the Energy Policy Act of 

5 2005 (42 U.S.C. 16291 et seq.) is further amended by 

6 adding at the end the following: 

7 ‘‘SEC. 970C. CARBON REMOVAL. 

8 ‘‘(a) ESTABLISHMENT.—The Secretary, in coordina9 tion with the appropriate Federal agencies, shall establish 

10 a research, development, and demonstration program to 

11 remove carbon dioxide from the atmosphere on a large 

12 scale. The program may include activities in— 

13 ‘‘(1) direct air capture and storage technologies; 

14 ‘‘(2) enhanced carbon mineralization; 

15 ‘‘(3) bioenergy with carbon capture and seques16 tration; 

17 ‘‘(4) agricultural and grazing practices; 

18 ‘‘(5) forest management and afforestation; and 

19 ‘‘(6) planned or managed carbon sinks, includ20 ing natural and artificial. 

21 ‘‘(b) PRIORITIZATION.—In carrying out the program 

22 established in subsection (a), the Secretary shall 

23 prioritize— 


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1 ‘‘(1) the activities described in paragraphs (1) 

2 and (2) of subsection (a), acting through the Assist3 ant Secretary for Fossil Energy; 

4 ‘‘(2) the activities described in subsection 

5 (a)(3), acting through the Assistant Secretary for 

6 Energy Efficiency and Renewable Energy and the 

7 Assistant Secretary for Fossil Energy; 

8 ‘‘(3) the activities described in subsection 

9 (a)(4), acting through the Assistant Secretary for 

10 Fossil Energy in consultation with the Secretary of 

11 Agriculture; and 

12 ‘‘(4) the activities described in subsection 

13 (a)(5), acting through the Assistant Secretary for 

14 Fossil Energy in consultation with the Secretary of 

15 Agriculture. 

16 ‘‘(c) CONSIDERATIONS.—The program under this 

17 section shall identify and develop carbon removal tech18 nologies and strategies that consider the following: 

19 ‘‘(1) Land use changes, including impacts on 

20 natural and managed ecosystems. 

21 ‘‘(2) Ocean acidification. 

22 ‘‘(3) Net greenhouse gas emissions. 

23 ‘‘(4) Commercial viability. 

24 ‘‘(5) Potential for near-term impact. 


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1 ‘‘(6) Potential for carbon reductions on a 

2 gigaton scale. 

3 ‘‘(7) Economic co-benefits. 

4 ‘‘(d) ACCOUNTING.—The Department shall collabo5 rate with the Environmental Protection Agency and other 

6 relevant agencies to develop and improve accounting 

7 frameworks and tools to accurately measure carbon re8 moval and sequestration methods and technologies across 

9 the Federal Government. 

10 ‘‘(e) AIR CAPTURE TECHNOLOGY PRIZE.—Not later 

11 than 1 year after the date of enactment of this Act, as 

12 part of the program carried out under this section, the 

13 Secretary shall carry out a program to award competitive 

14 technology prizes for carbon dioxide capture from ambient 

15 air or water. In carrying out this subsection, the Secretary 

16 shall— 

17 ‘‘(1) in accordance with section 24 of the Ste18 venson-Wydler Technology Innovation Act of 1980 

19 (15 U.S.C. 3719), develop requirements for— 

20 ‘‘(A) the prize competition process; 

21 ‘‘(B) minimum performance standards for 

22 projects eligible to participate in the prize com23 petition; and 


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1 ‘‘(C) monitoring and verification proce2 dures for projects selected to receive a prize 

3 award; 

4 ‘‘(2) establish minimum levels for the capture of 

5 carbon dioxide from ambient air or water that are 

6 required to qualify for a prize award; and 

7 ‘‘(3) offer prize awards for any of the following: 

8 ‘‘(A) A design for a promising capture 

9 technology that will— 

10 ‘‘(i) be operated on a demonstration 

11 scale; and 

12 ‘‘(ii) have the potential to achieve sig13 nificant reduction in the level of carbon di14 oxide in the atmosphere. 

15 ‘‘(B) A successful bench-scale demonstra16 tion of a capture technology. 

17 ‘‘(f) COMMERCIAL DIRECT AIR CAPTURE PRIZE.— 

18 ‘‘(1) DEFINITIONS.—In this subsection: 

19 ‘‘(A) QUALIFIED CARBON DIOXIDE.— 

20 ‘‘(i) IN GENERAL.—The term ‘quali21 fied carbon dioxide’ means any carbon di22 oxide that— 

23 ‘‘(I) is captured directly from the 

24 ambient air; and 


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1 ‘‘(II) is measured at the source 

2 of capture and verified at the point of 

3 disposal, injection, or utilization. 

4 ‘‘(ii) INCLUSION.—The term ‘qualified 

5 carbon dioxide’ includes the initial deposit 

6 of captured carbon dioxide used as a ter7 tiary injectant. 

8 ‘‘(iii) EXCLUSION.—The term ‘quali9 fied carbon dioxide’ does not include car10 bon dioxide that is recaptured, recycled, 

11 and reinjected as part of the enhanced oil 

12 and natural gas recovery process. 

13 ‘‘(B) QUALIFIED DIRECT AIR CAPTURE FA14 CILITY.— 

15 ‘‘(i) IN GENERAL.—Subject to clause 

16 (ii), the term ‘qualified direct air capture 

17 facility’ means any facility that— 

18 ‘‘(I) uses carbon capture equip19 ment to capture carbon dioxide di20 rectly from the ambient air; and 

21 ‘‘(II) captures more than 10,000 

22 metric tons of qualified carbon dioxide 

23 annually. 

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1 clude any facility that captures carbon di2 oxide— 

3 ‘‘(I) that is deliberately released 

4 from naturally occurring subsurface 

5 springs; or 

6 ‘‘(II) using natural photosyn7 thesis. 

8 ‘‘(2) ESTABLISHMENT.—Not later than 1 year 

9 after the date of enactment of this section, the Sec10 retary, in consultation with the Administrator of the 

11 Environmental Protection Agency, shall establish a 

12 commercial direct air capture prize designed to sig13 nificantly reward commercial applications of direct 

14 air capture technologies. 

15 ‘‘(3) COMMERCIAL DIRECT AIR CAPTURE PRIZE

16 PROGRAM.— 

17 ‘‘(A) AWARDS.—Under the prize program, 

18 the Secretary shall provide financial awards in 

19 a competitive setting equally for each ton of 

20 qualified carbon dioxide captured by a qualified 

21 direct air capture facility until appropriated 

22 funds are expended. The prize per metric ton 

23 shall not exceed— 


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1 ‘‘(i) $180 for qualified carbon dioxide 

2 captured and stored in saline storage for3 mations; 

4 ‘‘(ii) a lesser amount as determined by 

5 the Secretary for qualified carbon dioxide 

6 captured and stored in conjunction with 

7 enhanced oil recovery operations; or 

8 ‘‘(iii) a lesser amount as determined 

9 by the Secretary for qualified carbon diox10 ide captured and utilized in any activity 

11 consistent with section 45Q(f)(5) of the In12 ternal Revenue Code of 1986. 

13 ‘‘(B) ADMINISTRATION.— 

14 ‘‘(i) REQUIREMENTS.—Not later than 

15 1 year after the date of enactment of this 

16 section, the Administrator, in consultation 

17 with the Secretary, shall submit require18 ments for qualifying metric tons of carbon 

19 dioxide. In carrying out this clause, the 

20 Administrator shall develop specific re21 quirements for— 

22 ‘‘(I) the process of applying for 

23 prizes; and 

24 ‘‘(II) the demonstration of per25 formance of approved projects. 


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1 ‘‘(ii) DETERMINATION.—For purposes 

2 of determining the amount of metric tons 

3 of qualified carbon dioxide eligible for 

4 prizes under clause (i), the amount shall be 

5 equal to the net metric tons of carbon di6 oxide removal demonstrated by the recipi7 ent, subject to the requirements set forth 

8 by the Administrator under such clause. 

9 ‘‘(C) SCHEDULE OF PAYMENT.—The Sec10 retary shall award prizes on an annual basis to 

11 qualified direct air capture facilities for metric 

12 tons of qualified carbon dioxide captured and 

13 verified at the point of disposal, injection, or 

14 utilization. 

15 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

16 There are authorized to be appropriated to carry out 

17 this subsection $200,000,000 for the period of fiscal 

18 years 2021 through 2025, and $400,000,000 for the 

19 period of fiscal years 2026 through 2030, to remain 

20 available until expended. 

21 ‘‘(g) DIRECT AIR CAPTURE TEST CENTER.— 

22 ‘‘(1) IN GENERAL.—Not later than 1 year after 

23 the date of enactment of this section, the Secretary 

24 shall award grants to one or more eligible entities 

25 for the operation of one or more test centers (in this 


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1 subsection, known as ‘Centers’) to provide unique 

2 testing capabilities for innovative direct air capture 

3 and storage technologies. 

4 ‘‘(2) PURPOSE.—Each Center shall— 

5 ‘‘(A) advance research, development, dem6 onstration, and commercial application of direct 

7 air capture and storage technologies; 

8 ‘‘(B) support pilot plant and full-scale 

9 demonstration projects and test technologies 

10 that represent the scale of technology develop11 ment beyond laboratory testing but not yet ad12 vanced to test under operational conditions at 

13 commercial scale; 

14 ‘‘(C) develop front-end engineering design 

15 and economic analysis; and 

16 ‘‘(D) maintain a public record of pilot and 

17 full-scale plant performance. 

18 ‘‘(3) PRIORITY CRITERIA.—In selecting applica19 tions to operate a Center under this subsection, the 

20 Secretary shall prioritize applicants that— 

21 ‘‘(A) have access to existing or planned re22 search facilities; 

23 ‘‘(B) are institutions of higher education 

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1 rect air capture technologies, or partnerships 

2 with such institutions; or 

3 ‘‘(C) have access to existing research and 

4 test facilities for bulk materials design and test5 ing, component design and testing, or profes6 sional engineering design. 

7 ‘‘(4) SCHEDULE.—Each grant to operate a 

8 Center under this subsection shall be awarded for a 

9 term of not more than 5 years, subject to the avail10 ability of appropriations. The Secretary may renew 

11 such 5-year term without limit, subject to a rigorous 

12 merit review. 

13 ‘‘(5) TERMINATION.—To the extent otherwise 

14 authorized by law, the Secretary may eliminate the 

15 center during any 5-year term described in the last 

16 paragraph if it is underperforming. 

17 ‘‘(h) LARGE-SCALE PILOTS AND DEMONSTRA18 TIONS.—In supporting the technology development activi19 ties under this section, the Secretary is encouraged to sup20 port carbon removal pilot and demonstration projects, in21 cluding— 

22 ‘‘(1) pilot projects that test direct air capture 

23 systems capable of capturing 10 to 100 tonnes of 

24 carbon oxides per year to provide data for dem25 onstration-scale projects; and 


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1 ‘‘(2) direct air capture demonstration projects 

2 capable of capturing greater than 1,000 tonnes of 

3 carbon oxides per year. 

4 ‘‘(i) INTRA-AGENCY RESEARCH.—In carrying out the 

5 program established in (a), the Secretary shall encourage 

6 and promote collaborations among relevant offices and 

7 agencies within the Department. 

8 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to the Secretary for ac10 tivities under this section— 

11 ‘‘(1) $275,000,000 for fiscal year 2021, of 

12 which $15,000,000 are authorized to carry out sub13 section (e) and of which $200,000,000 are author14 ized to carry out subsection (f); 

15 ‘‘(2) $263,000,000 for fiscal year 2022, of 

16 which $200,000,000 are authorized to carry out sub17 section (f); 

18 ‘‘(3) $266,150,000 for fiscal year 2023, of 

19 which $200,000,000 are authorized to carry out sub20 section (f); 

21 ‘‘(4) $269,458,000 for fiscal year 2024, of 

22 which $200,000,000 are authorized to carry out sub23 section (f); and 


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1 ‘‘(5) $272,930,000 for fiscal year 2025, of 

2 which $200,000,000 are authorized to carry out sub3 section (f).’’. 

4 SEC. 3111. METHANE LEAK DETECTION AND MITIGATION. 

5 Subtitle F of title IX of the Energy Policy Act of 

6 2005 (42 U.S.C. 16291 et seq.) is further amended by 

7 adding at the end the following: 

8 ‘‘SEC. 970D. METHANE LEAK DETECTION AND MITIGATION. 

9 ‘‘(a) IN GENERAL.—The Secretary, in consultation 

10 with the Administrator of the Environmental Protection 

11 Agency and other appropriate Federal agencies, shall 

12 carry out a program of methane leak detection and mitiga13 tion research, development, demonstration, and commer14 cial application for technologies and methods that signifi15 cantly reduce emissions. In carrying out the program, the 

16 Secretary shall— 

17 ‘‘(1) develop cooperative agreements with State 

18 or local governments or private entities to provide 

19 technical assistance to— 

20 ‘‘(A) prevent or respond to methane leaks, 

21 including detection, mitigation, and identifica22 tion of leaks throughout the natural gas infra23 structure (which includes natural gas storage, 

24 pipelines, and natural gas production sites); and 


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1 ‘‘(B) protect public health in the event of 

2 a major methane leak; 

3 ‘‘(2) promote demonstration and adoption of ef4 fective methane emissions-reduction technologies in 

5 the private sector; 

6 ‘‘(3) in coordination with representatives from 

7 private industry, State and local governments, and 

8 institutions of higher education, create a publicly ac9 cessible resource for best practices in the design, 

10 construction, maintenance, performance, monitoring, 

11 and incident response for— 

12 ‘‘(A) pipeline systems; 

13 ‘‘(B) wells; 

14 ‘‘(C) compressor stations; 

15 ‘‘(D) storage facilities; and 

16 ‘‘(E) other vulnerable infrastructure; 

17 ‘‘(4) identify high-risk characteristics of pipe18 lines, wells, and materials, geologic risk factors, or 

19 other key factors that increase the likelihood of 

20 methane leaks; and 

21 ‘‘(5) in collaboration with private entities and 

22 institutions of higher education, quantify and map 

23 significant geologic methane seeps across the United 

24 States. 


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1 ‘‘(b) CONSIDERATIONS.—In carrying out the pro2 gram under this section, the Secretary shall consider the 

3 following: 

4 ‘‘(1) Historical data of methane leaks. 

5 ‘‘(2) Public health consequences. 

6 ‘‘(3) Public safety. 

7 ‘‘(4) Novel materials and designs for pipelines, 

8 compressor stations, components, and wells (includ9 ing casing, cement, wellhead). 

10 ‘‘(5) Regional geologic traits. 

11 ‘‘(6) Induced and natural seismicity. 

12 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the Secretary for ac14 tivities under this section— 

15 ‘‘(1) $22,000,000 for fiscal year 2021; 

16 ‘‘(2) $23,100,000 for fiscal year 2022; 

17 ‘‘(3) $24,255,000 for fiscal year 2023; 

18 ‘‘(4) $25,467,750 for fiscal year 2024; and 

19 ‘‘(5) $26,741,138 for fiscal year 2025.’’. 

20 SEC. 3112. WASTE GAS UTILIZATION. 

21 Subtitle F of title IX of the Energy Policy Act of 

22 2005 (42 U.S.C. 16291 et seq.) is further amended by 

23 adding at the end the following: 


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1 ‘‘SEC. 970E. WASTE GAS UTILIZATION. 

2 ‘‘The Secretary shall carry out a program of research, 

3 development, and demonstration for waste gas utilization. 

4 The program shall— 

5 ‘‘(1) identify and evaluate novel uses for light 

6 hydrocarbons, such as methane, ethane, propane, 

7 butane, pentane, and hexane, produced during oil 

8 and shale gas production, including the production 

9 of chemicals or transportation fuels; 

10 ‘‘(2) develop advanced gas conversion tech11 nologies that are modular and compact, and may le12 verage advanced manufacturing technologies; 

13 ‘‘(3) support demonstration activities at oper14 ating oil and gas facilities to test the performance 

15 and cost-effectiveness of new gas conversion tech16 nologies; and 

17 ‘‘(4) assess and monitor potential changes in 

18 life cycle greenhouse gas emissions that may result 

19 from the use of technologies developed under this 

20 program.’’. 

21 SEC. 3113. NATIONAL ENERGY TECHNOLOGY LABORATORY 

22 REFORMS. 

23 (a) SPECIAL HIRING AUTHORITY FOR SCIENTIFIC, 

24 ENGINEERING, AND PROJECT MANAGEMENT PER25 SONNEL.— 


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1 (1) IN GENERAL.—The Director of the National 

2 Energy Technology Laboratory shall have the au3 thority to— 

4 (A) make appointments to positions in the 

5 Laboratory to assist in meeting a specific 

6 project or research need, without regard to civil 

7 service laws, of individuals who— 

8 (i) have an advanced scientific or en9 gineering background; or 

10 (ii) have a business background and 

11 can assist in specific technology-to-market 

12 needs; 

13 (B) fix the basic pay of any employee ap14 pointed under this section at a rate not to ex15 ceed level II of the Executive Schedule; and 

16 (C) pay any employee appointed under this 

17 section payments in addition to basic pay, ex18 cept that the total amount of additional pay19 ments paid to an employee under this sub20 section for any 12-month period shall not ex21 ceed the least of— 

22 (i) $25,000; 

23 (ii) the amount equal to 25 percent of 

24 the annual rate of basic pay of that em25 ployee; and 


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1 (iii) the amount of the limitation that 

2 is applicable for a calendar year under sec3 tion 5307(a)(1) of title 5, United States 

4 Code. 

5 (2) LIMITATIONS.— 

6 (A) IN GENERAL.—The term of any em7 ployee appointed under this section shall not ex8 ceed 3 years. 

9 (B) FULL-TIME EMPLOYEES.—Not more 

10 than 10 full-time employees appointed under 

11 this subsection may be employed at the Na12 tional Energy Technology Laboratory at any 

13 given time. 

14 (b) DISCRETIONARY RESEARCH AND DEVELOP15 MENT.— 

16 (1) IN GENERAL.—The Secretary shall establish 

17 mechanisms under which the Director of the Na18 tional Energy Technology Laboratory may use an 

19 amount that is, in total, not less than 2 percent and 

20 not more than 4 percent of all funds available to the 

21 Laboratory for the following purposes: 

22 (A) To fund innovative research that is 

23 conducted at the Laboratory and supports the 

24 mission of the Department. 


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1 (B) To fund technology development pro2 grams that support the transition of tech3 nologies developed by the Laboratory into the 

4 commercial market. 

5 (C) To fund workforce development activi6 ties to strengthen external engineering and 

7 manufacturing partnerships to ensure safe, effi8 cient, productive, and useful fossil energy tech9 nology production. 

10 (D) To fund the revitalization, recapitaliza11 tion, or minor construction of the Laboratory 

12 infrastructure. 

13 (2) PRIORITIZATION.—The Director shall 

14 prioritize innovative experiments and proposals pro15 posed by scientists and researchers at the National 

16 Energy Technology Laboratory. 

17 (3) ANNUAL REPORT ON USE OF AUTHORITY.— 

18 Not later than March 1 of each year, the Secretary 

19 shall submit to the Committee on Science, Space, 

20 and Technology of the House of Representatives and 

21 the Committee on Energy and Natural Resources of 

22 the Senate a report on the use of the authority 

23 under this subsection during the preceding fiscal 

24 year. 


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1 (c) LABORATORY OPERATIONS.—The Secretary shall 

2 delegate human resources operations of the National En3 ergy Technology Laboratory to the Director of the Na4 tional Energy Technology Laboratory. 

5 (d) REVIEW.—Not later than 2 years after the date 

6 of enactment of this Act, the Secretary shall submit to 

7 the Committee on Science, Space, and Technology of the 

8 House of Representatives and the Committee on Energy 

9 and Natural Resources of the Senate a report assessing 

10 the National Energy Technology Laboratory’s manage11 ment and research. The report shall include— 

12 (1) an assessment of the quality of science and 

13 research at the National Energy Technology Labora14 tory relative to similar work at other national lab15 oratories; 

16 (2) a review of the effectiveness of authorities 

17 provided in subsections (a) and (b); and 

18 (3) recommendations for policy changes within 

19 the Department and legislative changes to provide 

20 the National Energy Technology Laboratory the nec21 essary tools and resources to advance its research 

22 mission. 

23 SEC. 3114. CLIMATE SOLUTIONS CHALLENGES. 

24 (a) AUTHORITY.—Not later than 180 days after the 

25 date of enactment of this Act, the Secretary of Energy 


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1 shall establish a program to be known as ‘‘Fossil Energy 

2 Climate Solutions Challenges’’ for carrying out prize com3 petitions described under subsection (d) pursuant to sec4 tion 24 of the Stevenson-Wydler Technology Innovation 

5 Act of 1980 (15 U.S.C. 3719) relating to the climate and 

6 energy. 

7 (b) PRIZE COMMITTEES.— 

8 (1) IN GENERAL.—The Secretary shall assem9 ble a prize committee that shall define the scope and 

10 detail of, and provide the requirements for, the prize 

11 competitions under this section. Such committee 

12 may be composed of— 

13 (A) members from the Office of Fossil En14 ergy, Advanced Research Projects Energy, Of15 fice of Technology Transitions, or other offices 

16 that most appropriately corresponds with the 

17 topic of the prize competition; and 

18 (B) representatives of any other entities, 

19 as determined appropriate by the Secretary, in20 cluding other Federal agencies, State and local 

21 governments, and the private sector. 

22 (2) DEFINING TOPIC AREAS.—The prize com23 mittee may modify and define the scope of the prize 

24 areas described under subsection (c), so long as such 


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1 modification is in accordance with descriptions in 

2 such subsection. 

3 (3) INCENTIVE FOR PRIZE COMPETITION.—The 

4 prize committee for each prize competition shall de5 termine the incentive for the prize competition. In 

6 determining the incentive, the committee shall con7 sider— 

8 (A) a cash prize; 

9 (B) access to Government facilities, such 

10 as through a lab-embedded entrepreneurship 

11 program of the Department of Energy, a coop12 erative research and development agreement, or 

13 other method; 

14 (C) advance market commitments for tech15 nologies of use or promise to the Federal Gov16 ernment; and 

17 (D) any other incentive provided for by 

18 law. 

19 (4) JUDGING CRITERIA.—The prize committee 

20 for each prize competition shall establish judging cri21 teria for the competition that shall include, at a min22 imum— 

23 (A) potential for the solution to become a 

24 commercial product or service or advance 

25 knowledge to further the public good; 


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1 (B) consideration of how likely the solution 

2 is to lead to subsequent research, development, 

3 deployment, or manufacturing in the United 

4 States; 

5 (C) the degree to which the solution will 

6 lower the climate footprint of the United States; 

7 and 

8 (D) the degree to which the solution will 

9 lower the global climate footprint. 

10 (5) CONSIDERATION.—In carrying out this sec11 tion, the committee shall take into consideration the 

12 best practices provided for in the challenges and 

13 prizes toolkit made publicly available on December 

14 15, 2016, by the General Services Administration. 

15 (c) PRIZE COMPETITIONS.—In carrying out the pro16 gram, the Secretary shall offer prize awards for any of 

17 the following: 

18 (1) Solutions to capture carbon emissions from 

19 sources that would otherwise be emitted to the at20 mosphere. 

21 (2) Solutions to convert carbon emissions to a 

22 beneficial use that does not result in near-term re23 release into the atmosphere, unless such re-release 

24 offsets the emission of additional carbon into the at25 mosphere, such that the net effect of the solution is 


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1 to reduce the overall amount of carbon being emitted 

2 to the atmosphere. 

3 (3) Other solutions that have potential to 

4 achieve reduction in greenhouse gas emissions asso5 ciated with fossil-based energy production. 

6 (d) ACCEPTANCE OF FUNDS.—In addition to such 

7 sums as may be appropriated or otherwise made available 

8 to the Secretary to award prizes under this section, the 

9 Secretary may accept funds from other Federal agencies, 

10 private sector entities, and State and local governments 

11 to award prizes under this section. The Secretary may not 

12 give any special consideration relating to the selection of 

13 awards under the prize competition to any private sector 

14 entity or individual in return for a donation to the Sec15 retary or prize committee. 

16 (e) ELIGIBILITY.—Notwithstanding section 24(g)(3) 

17 of the Stevenson-Wydler Technology Innovation Act of 

18 1980 (15 U.S.C. 3719(g)(3)), a group may be eligible for 

19 an award under this section if one or more members of 

20 such group is a citizen or permanent resident of the 

21 United States. 

22 (f) COMPLETION OF PRIZE COMPETITIONS.—The 

23 prize competitions carried out under this section shall be 

24 completed not later than the date that is 5 years after 

25 the program is established under subsection (a). 


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1 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated $15,000,000 to carry out 

3 this section, to remain available until expended. 

4 SEC. 3115. CARBON DIOXIDE REMOVAL TASK FORCE AND 

5 REPORT. 

6 (a) REPORT.—Not later than 180 days after the date 

7 of enactment of this Act, the Secretary of Energy (re8 ferred to in this section as the ‘‘Secretary’’), in consulta9 tion with the head of any other relevant Federal agency, 

10 shall prepare a report that— 

11 (1) estimates the magnitude of excess carbon 

12 dioxide in the atmosphere that will need to be re13 moved by 2050 to achieve net-zero emissions and 

14 stabilize the climate; 

15 (2) inventories current and emerging ap16 proaches of carbon dioxide removal and evaluates 

17 the advantages and disadvantages of each such ap18 proach; and 

19 (3) identifies recommendations for legislation, 

20 funding, rules, revisions to rules, financing mecha21 nisms, or other policy tools that the Federal Govern22 ment can use to sufficiently advance the deployment 

23 of carbon dioxide removal projects in order to meet, 

24 in the aggregate, the magnitude of needed removals 


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1 estimated under paragraph (1), including policy 

2 tools such as— 

3 (A) grants; 

4 (B) loans or loan guarantees; 

5 (C) public-private partnerships; 

6 (D) direct procurement; 

7 (E) incentives, including subsidized Fed8 eral financing mechanisms available to project 

9 developers; 

10 (F) advance market commitments; 

11 (G) regulations; and 

12 (H) and any other policy mechanism deter13 mined by the Secretary to be beneficial for ad14 vancing carbon dioxide removal methods and 

15 the deployment of carbon dioxide removal 

16 projects. 

17 (b) SUBMISSION; PUBLICATION.—The Secretary shall 

18 submit the report prepared under subsection (a) to the 

19 Committee on Energy and Natural Resources of the Sen20 ate and the Committee on Energy and Commerce of the 

21 House of Representatives, and as soon as practicable, 

22 make the report publicly available. 

23 (c) EVALUATION.—The Secretary shall— 

24 (1) not later than 2 years after the publication 

25 of the report under subsection (a), and every 2 years 


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1 thereafter, evaluate the findings and recommenda2 tions of the report, taking into consideration any 

3 issues and recommendations identified by the task 

4 force established under subsection (d); and 

5 (2) after each evaluation under paragraph (1), 

6 revise the report as necessary and submit to the 

7 Committee on Energy and Natural Resources of the 

8 Senate and the Committee on Energy and Com9 merce of the House of Representatives an updated 

10 report. 

11 (d) TASK FORCE.— 

12 (1) ESTABLISHMENT AND DUTIES.—Not later 

13 than 60 days after the date of enactment of this 

14 Act, the Secretary shall establish a task force to— 

15 (A) identify barriers to advancement of 

16 carbon dioxide removal methods and the deploy17 ment of carbon dioxide removal projects; 

18 (B) inventory existing or potential Federal 

19 legislation, rules, revisions to rules, financing 

20 mechanisms, or other policy tools that are capa21 ble of advancing carbon dioxide removal meth22 ods and the deployment of carbon dioxide re23 moval projects; 

24 (C) assist in drafting the report described 

25 in subsection (a) and any updates thereto; and 


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1 (D) advise the Secretary on matters per2 taining to carbon dioxide removal. 

3 (2) MEMBERS AND SELECTION.—The Secretary 

4 shall— 

5 (A) develop criteria for the selection of 

6 members to the task force; and 

7 (B) select members for the task force in 

8 accordance with the criteria developed under 

9 subparagraph (A). 

10 (3) MEETINGS.—The task force shall meet not 

11 less than once each year. 

12 (4) EVALUATION.—Not later than 7 years after 

13 the date of enactment of this Act, the Secretary 

14 shall— 

15 (A) reevaluate the need for the task force; 

16 and 

17 (B) submit to Congress a recommendation 

18 as to whether the task force should continue. 

19 (e) CARBON DIOXIDE REMOVAL DEFINITION.—In 

20 this section, the term ‘‘carbon dioxide removal’’ means the 

21 capture of carbon dioxide directly from ambient air or, in 

22 dissolved form, from seawater, combined with the seques23 tration of such carbon dioxide, including through direct 

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1 tion, forest restoration, soil carbon management, and di2 rect ocean capture. 

3 SEC. 3116. NATIONAL ACADEMY OF SCIENCES STUDY ON 

4 CARBON CAPTURE TECHNOLOGY. 

5 (a) IN GENERAL.—The Secretary of Energy shall 

6 enter into an agreement with the National Academy of 

7 Sciences, Engineering, and Medicine to conduct a study 

8 evaluating the efficacy of carbon capture and storage tech9 nology by industry in reducing emissions and the cost-ef10 fectiveness of such technologies. Such study shall include 

11 a description of the following: 

12 (1) Analysis of the effectiveness of emissions re13 ductions and cost through implementation of carbon 

14 capture as compared to transitioning to other low15 emissions technologies. 

16 (2) Differences in performance of various car17 bon capture technologies and storage methods, in18 cluding the net amount of carbon dioxide that can 

19 be permanently sequestered, the cost (in terms of 

20 dollar per ton captured/sequestered) of each tech21 nology, and the potential to increase the net amount 

22 of carbon dioxide captured/sequestered and lower 

23 operational costs. 

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1 nent carbon storage including both point of source 

2 capture and removal from the atmosphere of cap3 tured carbon dioxide. 

4 (4) Analysis of the lifecycle emissions associated 

5 with carbon capture technologies, including construc6 tion and operation of the carbon capture technology, 

7 as well as transport, processing, and injection of car8 bon dioxide, including the permanence of carbon 

9 storage and sequestration, and strategies to reduce 

10 those emissions. This should include the amount of 

11 carbon dioxide emitted from a facility outfitted with 

12 carbon capture technologies that is permanently se13 questered compared to the amount of carbon dioxide 

14 emitted by the carbon capture process itself. 

15 (5) Evaluation of the impact of carbon capture 

16 technologies on air pollution, including particulate 

17 emissions and ozone precursors, with specific anal18 ysis on the impacts on communities historically over19 burdened with pollution, including rural commu20 nities. 

21 (b) REPORT.—The agreement under subsection (a) 

22 shall specify that, not later than 1 year after the date of 

23 enactment of this Act, the National Academy of Sciences 

24 shall submit to Congress a report containing the results 

25 and findings of study authorized under this section. 


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1 SEC. 3117. STUDY ON BLUE HYDROGEN TECHNOLOGY. 

2 (a) STUDY.—The Secretary of Energy shall conduct 

3 a study to examine opportunities for research and develop4 ment in integrating blue hydrogen technology in the indus5 trial power sector and how that could enhance the deploy6 ment and adoption of carbon capture and storage. 

7 (b) REPORT.—Not later than 1 year after the date 

8 of enactment of this Act, the Secretary of Energy shall 

9 submit to the Committee on Energy and Natural Re10 sources of the Senate and the Committee on Science, 

11 Space, and Technology of the House of Representatives 

12 a report that describes the results of the study under sub13 section (a). 

14 Subtitle B—Controlling Methane 

15 Leaks 

16 SEC. 3201. IMPROVING THE NATURAL GAS DISTRIBUTION 

17 SYSTEM. 

18 (a) PROGRAM.—The Secretary of Energy shall estab19 lish a grant program to provide financial assistance to 

20 States to offset the incremental rate increases paid by low21 income households resulting from the implementation of 

22 infrastructure replacement, repair, and maintenance pro23 grams that are approved by the rate-setting entity and de24 signed to accelerate the necessary replacement, repair, or 

25 maintenance of natural gas distribution systems. 


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1 (b) DATE OF ELIGIBILITY.—Awards may be provided 

2 under this section to offset rate increases described in sub3 section (a) occurring on or after the date of enactment 

4 of this Act. 

5 (c) PRIORITIZATION.—The Secretary shall collabo6 rate with States to prioritize the distribution of grants 

7 made under this section. At a minimum, the Secretary 

8 shall consider prioritizing the distribution of grants to 

9 States which have— 

10 (1) authorized or adopted enhanced infrastruc11 ture replacement programs or innovative rate recov12 ery mechanisms, such as infrastructure cost trackers 

13 and riders, infrastructure base rate surcharges, de14 ferred regulatory asset programs, and earnings sta15 bility mechanisms; and 

16 (2) a viable means for delivering financial as17 sistance to low-income households. 

18 (d) AUDITING AND REPORTING REQUIREMENTS.— 

19 The Secretary shall establish auditing and reporting re20 quirements for States with respect to the performance of 

21 eligible projects funded pursuant to grants awarded under 

22 this section. 

23 (e) PREVAILING WAGES.—All laborers and mechanics 

24 employed by contractors or subcontractors in the perform25 ance of construction, alteration, or repair work assisted, 


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1 in whole or in part, by a grant under this section shall 

2 be paid wages at rates not less than those prevailing on 

3 similar construction in the locality as determined by the 

4 Secretary of Labor in accordance with subchapter IV of 

5 chapter 31 of title 40. With respect to the labor standards 

6 in this subsection, the Secretary of Labor shall have the 

7 authority and functions set forth in Reorganization Plan 

8 Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and 

9 section 3145 of title 40. 

10 (f) DEFINITIONS.—In this section: 

11 (1) INNOVATIVE RATE RECOVERY MECHA12 NISMS.—The term ‘‘innovative rate recovery mecha13 nisms’’ means rate structures that allow State public 

14 utility commissions to modify tariffs and recover 

15 costs of investments in utility replacement incurred 

16 between rate cases. 

17 (2) LOW-INCOME HOUSEHOLD.—The term 

18 ‘‘low-income household’’ means a household that is 

19 eligible to receive payments under section 2605(b)(2) 

20 of the Low-Income Home Energy Assistance Act of 

21 1981 (42 U.S.C. 8624(b)(2)). 

22 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to the Secretary to carry 

24 out this section $250,000,000 in each of fiscal years 2021 

25 through 2025. 


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1 Subtitle C—Eminent Domain 

2 Reform 

3 SEC. 3301. MODIFICATIONS TO EXERCISE OF THE RIGHT OF 

4 EMINENT DOMAIN BY HOLDER OF A CERTIFI5 CATE OF PUBLIC CONVENIENCE AND NECES6 SITY. 

7 (a) REQUIREMENT.—Section 7(h) of the Natural Gas 

8 Act (15 U.S.C. 717f(h)) is amended— 

9 (1) by striking ‘‘When any holder’’ and insert10 ing the following: ‘‘ (1) Subject to paragraph (2), 

11 when any holder’’; and 

12 (2) by adding at the end the following new 

13 paragraphs: 

14 ‘‘(2) A holder of a certificate of public convenience 

15 and necessity may not exercise the right of eminent do16 main under paragraph (1) unless the holder— 

17 ‘‘(A) obtains all Federal and State permits re18 quired by law for the construction and operation of 

19 pipeline facilities; 

20 ‘‘(B) complies with all environmental conditions 

21 appended to the certificate order; and 

22 ‘‘(C) is in compliance with subsection (i)(2). 

23 ‘‘(3) A holder of a certificate of public convenience 

24 and necessity shall be suspended from the exercise of the 

25 right of eminent domain under paragraph (1)— 


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1 ‘‘(A) if the holder requests a material amend2 ment to the certificate, until such time as the condi3 tions in paragraph (4) are satisfied; or 

4 ‘‘(B) if a Federal or State permit held by the 

5 holder is vacated or remanded, until such time as— 

6 ‘‘(i) all vacated or remanded permits are 

7 reinstated or reissued to the holder; and 

8 ‘‘(ii) the holder complies with all environ9 mental conditions appended to the certificate 

10 order. 

11 ‘‘(4) A holder of a certificate of public convenience 

12 and necessity who requests a material amendment to the 

13 certificate and has the exercise of the right of eminent do14 main suspended under paragraph (3)(A) may not com15 mence a new action or proceeding to exercise the right 

16 of eminent domain under paragraph (1) until such time 

17 as— 

18 ‘‘(A) the Commission issues an amended certifi19 cate of public convenience and necessity; and 

20 ‘‘(B) the holder— 

21 ‘‘(i) obtains all additional Federal and 

22 State permits required by law pursuant to the 

23 amended certificate; and 


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1 ‘‘(ii) complies with all environmental condi2 tions appended to the amended certificate 

3 order.’’. 

4 (b) ACCESS FOR SURVEYS.—Section 7 of the Natural 

5 Gas Act (15 U.S.C. 717f) is further amended by adding 

6 at the end the following: 

7 ‘‘(i)(1) For purposes of subsection (h), the exercise 

8 of the right of eminent domain does not include accessing 

9 property for purposes of surveying prior to acquiring the 

10 property, except in accordance with paragraph (2). 

11 ‘‘(2) If a holder of a certificate of public convenience 

12 and necessity is unable to agree with the owner of property 

13 on access to the property for purposes of surveying, the 

14 holder shall enter into the dispute resolution process of 

15 the Commission. If dispute resolution fails, or if the prop16 erty owner refuses to participate in such process, the Com17 mission may, upon a showing by the holder of documented 

18 repeated, good faith efforts to work with the property 

19 owner to agree on such access, issue an order declaring 

20 that, upon a court order, for purposes of the relevant cer21 tificate and with respect to the relevant property, the exer22 cise of the right of eminent domain under subsection (h) 

23 includes accessing the property, in a limited, non-land-dis24 turbing manner, for purposes of surveying prior to acquir25 ing the property.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this subtitle shall apply— 

3 (1) to any action or proceeding for eminent do4 main under section 7(h)(1) of the Natural Gas Act, 

5 as amended by this subtitle, commencing on or after 

6 the date of enactment of this Act; and 

7 (2) to any request for a material amendment to 

8 a certificate of public convenience and necessity oc9 curring on or after the date of enactment of this 

10 Act. 

11 Subtitle D—Climate Smart Ports 

12 SEC. 3401. CLIMATE SMART PORTS GRANT PROGRAM. 

13 (a) ESTABLISHMENT.—Not later than 6 months after 

14 the date of enactment of this section, the Administrator 

15 shall establish a program to award grants to eligible enti16 ties to purchase, and as applicable install, zero emissions 

17 port equipment and technology. 

18 (b) USE OF GRANTS.— 

19 (1) IN GENERAL.—An eligible entity may use a 

20 grant awarded under this section to purchase, and 

21 as applicable install, zero emissions port equipment 

22 and technology. 

23 (2) PROHIBITED USE.— 

24 (A) IN GENERAL.—An eligible entity may 

25 not use a grant awarded under this section to 


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1 purchase or install fully automated cargo han2 dling equipment or terminal infrastructure that 

3 is designed for fully automated cargo handling 

4 equipment. 

5 (B) HUMAN-OPERATED ZERO EMISSIONS

6 PORT EQUIPMENT AND TECHNOLOGY.—Nothing 

7 in subparagraph (A) prohibits an eligible entity 

8 from using a grant awarded under this section 

9 to purchase human-operated zero emissions 

10 port equipment and technology or infrastruc11 ture that supports such human-operated zero 

12 emissions port equipment and technology. 

13 (3) COST SHARE.— 

14 (A) IN GENERAL.—Except as provided in 

15 subparagraph (B), an eligible entity may not 

16 use a grant awarded under this section to cover 

17 more than 70 percent of the cost of purchasing, 

18 and as applicable installing, zero emissions port 

19 equipment and technology. 

20 (B) CERTAIN GRANTS.—With respect to a 

21 grant in an amount equal to or greater than 

22 $3,000,000, an eligible entity may use such 

23 grant to cover not more than 85 percent of the 

24 cost of purchasing and installing zero emissions 


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1 port equipment and technology if such eligible 

2 entity certifies to the Administrator that— 

3 (i) such grant will be used, at least in 

4 part, to employ laborers or mechanics to 

5 install zero emissions port equipment and 

6 technology; and 

7 (ii) such eligible entity is a party to a 

8 project labor agreement or requires that 

9 each subgrantee of such eligible entity, and 

10 any subgrantee thereof at any tier, that 

11 performs such installation participate in a 

12 project labor agreement. 

13 (4) PROJECT LABOR.—An eligible entity that 

14 uses a grant awarded under this section to install 

15 zero emissions port equipment and technology shall 

16 ensure, to the greatest extent practicable, that any 

17 subgrantee of such eligible entity, and any sub18 grantee thereof at any tier, that carries out such in19 stallation employs laborers or mechanics for such in20 stallation that— 

21 (A) are domiciled not further than 50 

22 miles from such installation; 

23 (B) are members of the Armed Forces 

24 serving on active duty, separated from active 

25 duty, or retired from active duty; 


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1 (C) have been incarcerated or served time 

2 in a juvenile detention facility; or 

3 (D) have a disability. 

4 (c) WAGES.— 

5 (1) IN GENERAL.—All laborers and mechanics 

6 employed by a subgrantee of an eligible entity, and 

7 any subgrantee thereof at any tier, to perform con8 struction, alteration, installation, or repair work that 

9 is assisted, in whole or in part, by a grant awarded 

10 under this section shall be paid wages at rates not 

11 less than those prevailing on similar construction, al12 teration, installation, or repair work in the locality 

13 as determined by the Secretary of Labor in accord14 ance with subchapter IV of chapter 31 of title 40, 

15 United States Code. 

16 (2) LABOR STANDARDS.—With respect to the 

17 labor standards in this subsection, the Secretary of 

18 Labor shall have the authority and functions set 

19 forth in Reorganization Plan Numbered 14 of 1950 

20 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 

21 title 40, United States Code. 

22 (d) APPLICATION.— 

23 (1) IN GENERAL.—To be eligible to be awarded 

24 a grant under this section, an eligible entity shall 

25 submit to the Administrator an application at such 


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1 time, in such manner, and containing such informa2 tion as the Administrator may require. 

3 (2) PRIORITY.—The Administrator shall 

4 prioritize awarding grants under this section to eligi5 ble entities based on the following: 

6 (A) The degree to which the proposed use 

7 of the grant will— 

8 (i) reduce greenhouse gas emissions; 

9 (ii) reduce emissions of any criteria 

10 pollutant and precursor thereof; 

11 (iii) reduce hazardous air pollutant 

12 emissions; and 

13 (iv) reduce public health disparities in 

14 communities that receive a dispropor15 tionate quantity of air pollution from a 

16 port. 

17 (B) The amount of matching, non-Federal 

18 funds expected to be used by an applicant to 

19 purchase, and as applicable install, zero emis20 sions port equipment and technology. 

21 (C) Whether the applicant will use such 

22 grant to purchase, and as applicable install, 

23 zero emissions port equipment and technology 

24 that is produced in the United States. 


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1 (D) As applicable, whether the applicant 

2 will meet the utilization requirements for reg3 istered apprentices established by the Secretary 

4 of Labor or a State Apprenticeship Agency. 

5 (E) As applicable, whether the applicant 

6 will recruit and retain skilled workers through 

7 a State-approved joint labor management ap8 prenticeship program. 

9 (e) OUTREACH.— 

10 (1) IN GENERAL.—Not later than 90 days after 

11 funds are made available to carry out this section, 

12 the Administrator shall develop and carry out an 

13 educational outreach program to promote and ex14 plain the grant program established under sub15 section (a) to prospective grant recipients. 

16 (2) PROGRAM COMPONENTS.—In carrying out 

17 the outreach program developed under paragraph 

18 (1), the Administrator shall— 

19 (A) inform prospective grant recipients 

20 how to apply for a grant awarded under this 

21 section; 

22 (B) describe to prospective grant recipients 

23 the benefits of available zero emissions port 

24 equipment and technology; 


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1 (C) explain to prospective grant recipients 

2 the benefits of participating in the grant pro3 gram established under this section; and 

4 (D) facilitate the sharing of best practices 

5 and lessons learned between grant recipients 

6 and prospective grant recipients with respect to 

7 how to apply for and use grants awarded under 

8 this section. 

9 (f) REPORTS.— 

10 (1) REPORT TO ADMINISTRATOR.—Not later 

11 than 90 days after the date on which an eligible en12 tity uses a grant awarded under this section, such 

13 eligible entity shall submit to the Administrator a re14 port containing such information as the Adminis15 trator shall require. 

16 (2) ANNUAL REPORT TO CONGRESS.—Not later 

17 than January 31, 2021, and annually thereafter, the 

18 Administrator shall submit to Congress and make 

19 available on the website of the Environmental Pro20 tection Agency a report that includes, with respect 

21 to each grant awarded under this section during the 

22 preceding calendar year— 

23 (A) the name and location of the eligible 

24 entity that was awarded such grant; 


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1 (B) the amount of such grant that the eli2 gible entity was awarded; 

3 (C) the name and location of the port 

4 where the zero emissions port equipment and 

5 technology that was purchased, and as applica6 ble installed, with such grant is used; 

7 (D) an estimate of the impact of such zero 

8 emissions port equipment and technology on re9 ducing— 

10 (i) greenhouse gas emissions; 

11 (ii) emissions of criteria pollutants 

12 and precursors thereof; 

13 (iii) hazardous air pollutant emissions; 

14 and 

15 (iv) public health disparities; and 

16 (E) any other information the Adminis17 trator determines necessary to understand the 

18 impact of grants awarded under this section. 

19 (g) AUTHORIZATION OF APPROPRIATIONS.— 

20 (1) IN GENERAL.—There is authorized to be 

21 appropriated to carry out this section 

22 $1,000,000,000 for each of fiscal years 2021 

23 through 2030. 

24 (2) NONATTAINMENT AREAS.—To the extent 

25 practicable, at least 25 percent of amounts made 


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1 available to carry out this section in each fiscal year 

2 shall be used to award grants to eligible entities to 

3 provide zero emissions port equipment and tech4 nology to ports that are in nonattainment areas. 

5 (h) DEFINITIONS.—In this section: 

6 (1) ACTIVE DUTY.— The term ‘‘active duty’’ 

7 has the meaning given such term in section 101 of 

8 title 10, United States Code. 

9 (2) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the Environ11 mental Protection Agency. 

12 (3) ALTERNATIVE EMISSIONS CONTROL TECH13 NOLOGY.—The term ‘‘alternative emissions control 

14 technology’’ means a technology, technique, or meas15 ure that— 

16 (A) captures the emissions of nitrogen 

17 oxide, particulate matter, reactive organic com18 pounds, and greenhouse gases from the auxil19 iary engine and auxiliary boiler of an ocean20 going vessel at berth; 

21 (B) is verified or approved by a State or 

22 Federal air quality regulatory agency; 

23 (C) the use of which achieves at least the 

24 equivalent reduction of emissions as the use of 

25 shore power for an ocean-going vessel at berth; 


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1 (D) the use of which results in reducing 

2 emissions of the auxiliary engine of an ocean3 going vessel at berth to a rate of less than— 

4 (i) 2.8 g/kW-hr for nitrogen oxide; 

5 (ii) 0.03 g/kW-hr for particulate mat6 ter 2.5; and 

7 (iii) 0.1 g/kW-hr for reactive organic 

8 compounds; and 

9 (E) reduces the emissions of the auxiliary 

10 engine and boiler of an ocean-going vessel at 

11 berth by at least 80 percent of the default emis12 sions rate, which is 13.8 g. 

13 (4) CRITERIA POLLUTANT.—The term ‘‘criteria 

14 pollutant’’ means each of the following: 

15 (A) Ground-level ozone. 

16 (B) Particulate matter. 

17 (C) Carbon monoxide. 

18 (D) Lead. 

19 (E) Sulfur dioxide. 

20 (F) Nitrogen dioxide. 

21 (5) DISTRIBUTED ENERGY RESOURCE.— 

22 (A) IN GENERAL.—The term ‘‘distributed 

23 energy resource’’ means an energy resource 

24 that— 


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1 (i) is located on or near a customer 

2 site; 

3 (ii) is operated on the customer side 

4 of the electric meter; and 

5 (iii) is interconnected with the electric 

6 grid. 

7 (B) INCLUSIONS.—The term ‘‘distributed 

8 energy resource’’ includes— 

9 (i) clean electric generation; 

10 (ii) customer electric efficiency meas11 ures; 

12 (iii) electric demand flexibility; and 

13 (iv) energy storage. 

14 (6) ELIGIBLE ENTITY.—The term ‘‘eligible enti15 ty’’ means— 

16 (A) a port authority; 

17 (B) a State, regional, local, or Tribal agen18 cy that has jurisdiction over a port authority or 

19 a port; 

20 (C) an air pollution control district or air 

21 quality management district; or 

22 (D) a private or nonprofit entity, applying 

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1 paragraphs (A) through (C), that owns or uses 

2 cargo or transportation equipment at a port. 

3 (7) ENERGY STORAGE SYSTEM.—The term ‘‘en4 ergy storage system’’ means a system, equipment, 

5 facility, or technology that— 

6 (A) is capable of absorbing energy, storing 

7 energy for a period of time, and dispatching the 

8 stored energy; and 

9 (B) uses a mechanical, electrical, chemical, 

10 electrochemical, or thermal process to store en11 ergy that— 

12 (i) was generated at an earlier time 

13 for use at a later time; or 

14 (ii) was generated from a mechanical 

15 process, and would otherwise be wasted, 

16 for delivery at a later time. 

17 (8) FULLY AUTOMATED CARGO HANDLING

18 EQUIPMENT.—The term ‘‘fully automated cargo 

19 handling equipment’’ means cargo handling equip20 ment that— 

21 (A) is remotely operated or remotely mon22 itored; and 

23 (B) with respect to the use of such equip24 ment, does not require the exercise of human 

25 intervention or control. 


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1 (9) NONATTAINMENT AREA.—The term ‘‘non2 attainment area’’ has the meaning given such term 

3 in section 171 of the Clean Air Act (42 U.S.C. 

4 7501). 

5 (10) PORT.—The term ‘‘port’’ includes a mari6 time port and an inland port. 

7 (11) PORT AUTHORITY.—The term ‘‘port au8 thority’’ means a governmental or quasi-govern9 mental authority formed by a legislative body to op10 erate a port. 

11 (12) PROJECT LABOR AGREEMENT.—The term 

12 ‘‘project labor agreement’’ means a pre-hire collec13 tive bargaining agreement with one or more labor 

14 organization that establishes the terms and condi15 tions of employment for a specific construction 

16 project and is described in section 8(f) of the Na17 tional Labor Relations Act (29 U.S.C. 158(f)). 

18 (13) REGISTERED APPRENTICE.—The term 

19 ‘‘registered apprentice’’ means a person who is par20 ticipating in a registered apprenticeship program. 

21 (14) REGISTERED APPRENTICESHIP PRO22 GRAM.—The term ‘‘registered apprenticeship pro23 gram’’ means a program registered pursuant to the 

24 Act of August 16, 1937 (commonly known as the 


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1 ‘‘National Apprenticeship Act’’; 50 Stat. 664, chap2 ter 663; 29 U.S.C. 50 et seq.). 

3 (15) SHORE POWER.—The term ‘‘shore power’’ 

4 means the provision of shoreside electrical power to 

5 a ship at berth that has shut down main and auxil6 iary engines. 

7 (16) STATE APPRENTICESHIP AGENCY.—The 

8 term ‘‘State Apprenticeship Agency’’ has the mean9 ing given such term in section 29.2 of title 29, Code 

10 of Federal Regulations (as in effect on January 1, 

11 2020). 

12 (17) ZERO EMISSIONS PORT EQUIPMENT AND

13 TECHNOLOGY.— 

14 (A) IN GENERAL.—The term ‘‘zero emis15 sions port equipment and technology’’ means 

16 equipment and technology, including the equip17 ment and technology described in subparagraph 

18 (B), that— 

19 (i) is used at a port; and 

20 (ii)(I) produces zero exhaust emissions 

21 of— 

22 (aa) any criteria pollutant 

23 and precursor thereof; and 

24 (bb) any greenhouse gas, 

25 other than water vapor; or 


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1 (II) captures 100 percent of the 

2 exhaust emissions produced by an 

3 ocean-going vessel at berth. 

4 (B) EQUIPMENT AND TECHNOLOGY DE5 SCRIBED.—The equipment and technology de6 scribed in this subparagraph is the following: 

7 (i) Any equipment that handles cargo. 

8 (ii) A drayage truck that transports 

9 cargo. 

10 (iii) A train that transports cargo. 

11 (iv) Port harbor craft. 

12 (v) A distributed energy resource. 

13 (vi) An energy storage system. 

14 (vii) Electrical charging infrastruc15 ture. 

16 (viii) Shore power or an alternative 

17 emissions control technology. 

18 (ix) An electric transport refrigeration 

19 unit. 


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1 Subtitle E—Interagency Task 

2 Force on Short-Lived Climate 

3 Pollutant Mitigation 

4 SEC. 3501. INTERAGENCY TASK FORCE ON SHORT-LIVED 

5 CLIMATE POLLUTANT MITIGATION. 

6 (a) ESTABLISHMENT.—Not later than 90 days after 

7 the date of enactment of this Act, the President shall es8 tablish a task force, to be known as the Interagency Task 

9 Force on Short-Lived Climate Pollutant Mitigation. 

10 (b) MEMBERSHIP.—The members of the Task Force 

11 shall include the head (or a designee thereof) of each of— 

12 (1) the Department of Agriculture; 

13 (2) the Department of Commerce; 

14 (3) the Department of Defense; 

15 (4) the Department of Energy; 

16 (5) the Department of Health and Human 

17 Services; 

18 (6) the Department of the Interior; 

19 (7) the Department of State; 

20 (8) the Department of Transportation; 

21 (9) the Environmental Protection Agency; 

22 (10) the National Oceanic and Atmospheric Ad23 ministration; 

24 (11) the Council on Environmental Quality; 


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1 (12) the United States Agency for International 

2 Development; and 

3 (13) any other Federal agency the President 

4 determines appropriate. 

5 (c) DUTIES.—The Task Force shall— 

6 (1) review the policy recommendations made 

7 by— 

8 (A) the Intergovernmental Panel on Cli9 mate Change; 

10 (B) the United States Climate Alliance; 

11 (C) the Interagency Strategy to Reduce 

12 Methane Emissions; 

13 (D) the Council on Climate Preparedness 

14 and Resilience; and 

15 (E) the Clean Cooking Alliance; 

16 (2) develop an action plan to reduce short-lived 

17 climate pollutants that incorporates any appropriate 

18 proposals or recommendations made by the entities 

19 referred to in paragraph (1) that are relevant to 

20 short-lived climate pollutants; 

21 (3) identify any Federal program that is, or 

22 could be, relevant to reducing short-lived climate pol23 lutants— 

24 (A) in the United States; or 

25 (B) worldwide; 


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1 (4) identify overlapping and duplicative Federal 

2 programs addressing short-lived climate pollutants 

3 that would benefit from consolidation and stream4 lining; 

5 (5) identify gaps and serious deficiencies in 

6 Federal programs targeted at short-lived climate pol7 lutants, including gaps and deficiencies that can be 

8 addressed through a combination of assessment, sci9 entific research, monitoring, and technological devel10 opment activities, with an emphasis on— 

11 (A) industry standards; and 

12 (B) public-private partnerships; 

13 (6) in developing recommendations, consult 

14 with affected stakeholders in private industry; and 

15 (7) not later than 18 months after the date of 

16 enactment of this Act, submit to the Committee on 

17 Energy and Commerce of the House of Representa18 tives and the Committee on Environment and Public 

19 Works of the Senate a report describing the findings 

20 and recommendations resulting from the activities 

21 described in paragraphs (1) through (6). 

22 Subtitle F—Black Carbon 

23 SEC. 3601. REDUCTION OF BLACK CARBON EMISSIONS. 

24 (a) COMPREHENSIVE PLAN.— 


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1 (1) IN GENERAL.—The Administrator of the 

2 Environmental Protection Agency (in this section re3 ferred to as the ‘‘Administrator’’), in consultation 

4 with the Secretary of Energy, the Secretary of State, 

5 the Secretary of Transportation, the Secretary of 

6 Commerce, and the Commandant of the Coast 

7 Guard, shall develop a comprehensive plan to reduce 

8 black carbon emissions from ships based on appro9 priate emissions data from oceangoing vessels. The 

10 plan shall provide for such reduction through— 

11 (A) a clean freight partnership; 

12 (B) limits on black carbon emissions; and 

13 (C) efforts that include protection of access 

14 to critical fuel shipments and emergency needs 

15 of coastal communities. 

16 (2) ROADMAP.—A principal objective of the 

17 plan developed pursuant to paragraph (1) shall be 

18 the establishment, in coordination with the Secretary 

19 of State, of a roadmap for helping countries to re20 duce fine-particle (PM2.5) and black carbon emis21 sions in the shipping sector through— 

22 (A) the installation of advanced emissions 

23 controls; 

24 (B) the reduction of sulfur content in 

25 fuels; and 


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1 (C) the adoption of black carbon control 

2 policies. 

3 (b) BLACK CARBON EMISSIONS REDUCTION

4 GOALS.—The Administrator, in coordination with the Sec5 retary of State, and other relevant Federal agencies, 

6 shall— 

7 (1) lead an effort to reduce black carbon 

8 through an Arctic-wide aspirational black carbon 

9 goal; and 

10 (2) encourage observers of the Arctic Council 

11 (including India and China) to adopt mitigation 

12 plans consistent with the findings and recommenda13 tions of the Arctic Council’s Framework for Action 

14 on Black Carbon and Methane. 

15 (c) CLIMATE AND CLEAN AIR COALITION.—The Ad16 ministrator, in coordination with the Secretary of State, 

17 is encouraged to work with the Climate and Clean Air Co18 alition to Reduce Short-Lived Climate Pollutants to craft 

19 specific financing mechanisms for the incremental cost of 

20 international black carbon mitigation activities. 

21 (d) BLACK CARBON MITIGATION ACTIVITIES.— 

22 (1) PRIORITIZATION.—The Administrator of 

23 the United States Agency for International Develop24 ment, in cooperation with the Administrator, shall— 


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1 (A) encourage black carbon mitigation ac2 tivities as part of official development assist3 ance and programmatic activities; 

4 (B) give special emphasis to projects that 

5 produce substantial environmental, gender, live6 lihood, and public health benefits, including 

7 support for clean-burning cookstoves and fuels; 

8 and 

9 (C) work with the Global Alliance for 

10 Clean Cookstoves to help developing nations es11 tablish thriving markets for clean and efficient 

12 cooking solutions. 

13 (2) EMISSIONS REDUCTIONS.—The Secretary of 

14 State, in collaboration with the Administrator, the 

15 Secretary of Energy, and the Secretary of Transpor16 tation, shall provide aid to international efforts to 

17 reduce black carbon emissions from diesel trucks 

18 and ships, 2-stroke engines, diesel generators, and 

19 industrial processes by providing technical assist20 ance— 

21 (A) to help developing nations lower the 

22 sulfur content of diesel fuels; 

23 (B) to expand access to diesel particulate 

24 filters; 


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1 (C) to provide vehicle manufacturers with 

2 low- and zero-emission engine designs; 

3 (D) to deploy on-road, off-road, and shore4 side infrastructure to support zero-emission en5 gine technologies; 

6 (E) to develop other mitigation activities, 

7 including energy efficiency alternatives for gen8 erators and industrial processes; and 

9 (F) to reduce ammonia emissions from ag10 riculture. 

11 TITLE IV—NUCLEAR ENERGY 

12 Subtitle A—Advanced Nuclear Fuel 

13 Availability 

14 SEC. 4101. PROGRAM. 

15 (a) ESTABLISHMENT.—The Secretary shall establish 

16 and carry out, through the Office of Nuclear Energy, a 

17 program to support the availability of HA–LEU for civil18 ian domestic demonstration and commercial use. 

19 (b) PROGRAM ELEMENTS.—In carrying out the pro20 gram under subsection (a), the Secretary— 

21 (1) shall develop, in consultation with the Com22 mission, criticality benchmark data to assist the 

23 Commission in— 

24 (A) the licensing and regulation of cat25 egory II spent nuclear material fuel fabrication 


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1 and enrichment facilities under part 70 of title 

2 10, Code of Federal Regulations; and 

3 (B) certification of transportation pack4 ages under part 71 of title 10, Code of Federal 

5 Regulations; 

6 (2) may conduct research and development, and 

7 provide financial assistance to assist commercial en8 tities, to design and license transportation packages 

9 for HA–LEU, including canisters for metal, gas, 

10 and other HA–LEU compositions; 

11 (3) shall, to the extent practicable— 

12 (A) by January 1, 2024, have commercial 

13 entities submit such transportation package de14 signs to the Commission for certification by the 

15 Commission under part 71 of title 10, Code of 

16 Federal Regulations; and 

17 (B) encourage the Commission to have 

18 such transportation package designs so certified 

19 by the Commission by January 1, 2026; 

20 (4) shall consider options for acquiring or pro21 viding HA–LEU from a stockpile of uranium owned 

22 by the Department, or using enrichment technology, 

23 to make available to members of the consortium es24 tablished pursuant to paragraph (6) for commercial 

25 use or demonstration projects, taking into account 


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1 cost and amount of time required, and prioritizing 

2 methods that would produce usable HA–LEU the 

3 quickest, including options for acquiring or providing 

4 HA–LEU— 

5 (A) that— 

6 (i) directly meets the needs of an end 

7 user; and 

8 (ii) has been previously used or fab9 ricated for another purpose; 

10 (B) that meets the needs of an end user 

11 after having radioactive or other contaminants 

12 that resulted from a previous use or fabrication 

13 of the fuel for research, development, dem14 onstration, or deployment activities of the De15 partment removed; 

16 (C) that is produced from high-enriched 

17 uranium that is blended with lower assay ura18 nium to become HA–LEU to meet the needs of 

19 an end user; 

20 (D) that is produced by United States or 

21 foreign-owned commercial entities; or 

22 (E) that does not require extraction of ura23 nium or development of uranium from lands 

24 managed by the Federal Government, cause 

25 harm to the natural or cultural resources of 


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1 Tribal communities or sovereign Native Na2 tions, or result in degraded ground or surface 

3 water quality on publicly managed or privately 

4 owned lands; 

5 (5) not later than 1 year after the date of en6 actment of this Act, and biennially thereafter, shall 

7 conduct a survey of stakeholders to estimate the 

8 quantity of HA–LEU necessary for domestic com9 mercial use for each of the 5 subsequent years; 

10 (6) shall establish a consortium, which may in11 clude entities involved in any stage of the nuclear 

12 fuel cycle, to partner with the Department to sup13 port the availability of HA–LEU for civilian domes14 tic demonstration and commercial use, including 

15 by— 

16 (A) providing information to the Secretary 

17 for purposes of surveys conducted under para18 graph (5); 

19 (B) purchasing HA–LEU made available 

20 to members of the consortium by the Secretary 

21 under the program; and 

22 (C) carrying out demonstration projects 

23 using HA–LEU awarded by the Secretary 

24 under the program; 


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1 (7) shall, prior to acquiring or providing HA– 

2 LEU under paragraph (8), in coordination with the 

3 consortium established pursuant to paragraph (6), 

4 develop a schedule for cost recovery of HA–LEU 

5 made available to members of the consortium using 

6 HA–LEU for commercial use pursuant to paragraph 

7 (8); 

8 (8) shall, beginning not later than 3 years after 

9 the establishment of a consortium under paragraph 

10 (6), have the capability to acquire or provide HA– 

11 LEU, in order to make such HA–LEU available to 

12 members of the consortium beginning not later than 

13 January 1, 2026, in amounts that are consistent, to 

14 the extent practicable, with— 

15 (A) the quantities estimated under the sur16 veys conducted under paragraph (5); plus 

17 (B) the quantities necessary for dem18 onstration projects carried out under the pro19 gram, as determined by the Secretary; and 

20 (9) shall, for advanced reactor demonstration 

21 projects, determine awardees of HA–LEU under this 

22 subtitle through a merit-based, competitive selection 

23 process. 

24 (c) APPLICABILITY OF USEC PRIVATIZATION ACT.— 


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1 (1) SALE OR TRANSFER TO CONSORTIUM.—The 

2 requirements of subparagraphs (A) and (C) of sec3 tion 3112(d)(2) of the USEC Privatization Act (42 

4 U.S.C. 2297h–10(d)(2)) shall apply to a sale or 

5 transfer of HA–LEU for commercial use by the Sec6 retary to a member of the consortium under this 

7 section. 

8 (2) DEMONSTRATION.—HA–LEU made avail9 able to members of the consortium established pur10 suant to subsection (b)(6) for demonstration projects 

11 shall remain the property of the Department, which 

12 shall be responsible for the storage, use, and disposi13 tion of all radioactive waste created by the irradia14 tion, processing, or purification of such uranium, 

15 and shall not be treated as a sale or transfer of ura16 nium subject to sections 3112 and 3113 of the 

17 USEC Privatization Act (42 U.S.C. 2297h–10; 42 

18 U.S.C. 2297h–11). 

19 (d) DOE ACQUISITION OF HA–LEU.—The Sec20 retary may not make commitments under this section (in21 cluding cooperative agreements (used in accordance with 

22 section 6305 of title 31, United States Code), purchase 

23 agreements, guarantees, leases, service contracts, or any 

24 other type of commitment) for the purchase or other ac25 quisition of HA–LEU unless funds are specifically proVerDate Sep 11 2014 00:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00475 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.RFS H4447

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1 vided for such purposes in advance in subsequent appro2 priations Acts, and only to the extent that the full extent 

3 of anticipated costs stemming from such commitments is 

4 recorded as an obligation up front and in full at the time 

5 it is made. 

6 (e) SUNSET.—The authority of the Secretary to carry 

7 out the program under this section shall expire on the ear8 lier of— 

9 (1) September 30, 2034; or 

10 (2) 90 days after the date on which HA–LEU 

11 is available to provide a reliable and adequate supply 

12 for civilian domestic advanced nuclear reactors in 

13 the commercial market. 

14 (f) LIMITATION.—The Secretary shall not barter or 

15 otherwise sell or transfer uranium in any form in exchange 

16 for services relating to the final disposition of radioactive 

17 waste from uranium that is made available under this sec18 tion. 

19 SEC. 4102. REPORTS TO CONGRESS. 

20 (a) COMMISSION REPORT ON NECESSARY REGU21 LATORY UPDATES.—Not later than 12 months after the 

22 date of enactment of this Act, the Commission shall sub23 mit to Congress a report that includes— 

24 (1) identification of updates to regulations, cer25 tifications, and other regulatory policies that the 


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1 Commission determines are necessary in order for 

2 HA–LEU to be commercially available, including— 

3 (A) guidance for material control and ac4 countability of category II special nuclear mate5 rial; 

6 (B) certifications relating to transportation 

7 packaging for HA–LEU; and 

8 (C) licensing of enrichment, conversion, 

9 and fuel fabrication facilities for HA–LEU, and 

10 associated physical security plans for such fa11 cilities; 

12 (2) a description of such updates; and 

13 (3) a timeline to complete such updates. 

14 (b) DOE REPORT ON PROGRAM TO SUPPORT THE

15 AVAILABILITY OF HA–LEU FOR CIVILIAN DOMESTIC

16 DEMONSTRATION AND COMMERCIAL USE.— 

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

18 after the date of enactment of this section, the Sec19 retary shall submit to Congress a report that de20 scribes actions proposed to be carried out by the 

21 Secretary under the program described in section 

22 4101(a). 

23 (2) COORDINATION AND STAKEHOLDER

24 INPUT.—In developing the report under this sub25 section, the Secretary shall consult with— 


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1 (A) the Nuclear Regulatory Commission; 

2 (B) the National Nuclear Security Admin3 istration; 

4 (C) the National Laboratories; 

5 (D) institutions of higher education; 

6 (E) a diverse group of entities from the 

7 nuclear energy industry; 

8 (F) a diverse group of technology devel9 opers; 

10 (G) experts in nuclear nonproliferation, en11 vironmental safety, public health and safety, 

12 and economics; and 

13 (H) members of the consortium created 

14 under section 4101(b)(6). 

15 (3) COST AND SCHEDULE ESTIMATES.—The re16 port under this subsection shall include estimated 

17 costs, budgets, and timeframes for all activities car18 ried out under this subtitle. 

19 (4) REQUIRED EVALUATIONS.—The report 

20 under this subsection shall evaluate— 

21 (A) the actions required to establish and 

22 carry out the program under section 4101(a) 

23 and the cost of such actions, including with re24 spect to— 


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1 (i) proposed preliminary terms for 

2 contracting between the Department and 

3 recipients of HA-LEU under the program 

4 (including guidelines defining the roles and 

5 responsibilities between the Department 

6 and the recipient); and 

7 (ii) the potential to coordinate with 

8 recipients of HA-LEU under the program 

9 regarding— 

10 (I) fuel fabrication; and 

11 (II) fuel transport; 

12 (B) the potential sources and fuel forms 

13 available to provide uranium for the program 

14 under section 4101(a); 

15 (C) options to coordinate the program 

16 under section 4101(a) with the operation of the 

17 versatile, reactor-based fast neutron source 

18 under section 959A of the Energy Policy Act of 

19 2005 (as added by this title); 

20 (D) the ability of uranium producers to 

21 provide materials for advanced nuclear reactor 

22 fuel; 

23 (E) any associated legal, regulatory, and 

24 policy issues that should be addressed to en25 able— 


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1 (i) implementation of the program 

2 under section 4101(a); and 

3 (ii) the establishment of an industry 

4 capable of providing HA–LEU; and 

5 (F) any research and development plans to 

6 develop criticality benchmark data under sec7 tion 4101(b)(1), if needed. 

8 (c) ALTERNATE FUELS REPORT.—Not later than 

9 180 days after the date of enactment of this Act, the Sec10 retary shall, after consulting with relevant entities, includ11 ing National Laboratories, institutions of higher edu12 cation, and technology developers, submit to Congress a 

13 report identifying any and all options for providing nuclear 

14 material, containing isotopes other than the uranium-235 

15 isotope, such as uranium-233 and thorium-232 to be used 

16 as fuel for advanced nuclear reactor research, develop17 ment, demonstration, or commercial application purposes. 

18 SEC. 4103. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated to carry out 

20 this subtitle— 

21 (1) $31,500,000 for fiscal year 2021; 

22 (2) $33,075,000 for fiscal year 2022; 

23 (3) $34,728,750 for fiscal year 2023; 

24 (4) $36,465,188 for fiscal year 2024; and 

25 (5) $38,288,447 for fiscal year 2025. 


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1 SEC. 4104. DEFINITIONS. 

2 In this subtitle: 

3 (1) COMMISSION.—The term ‘‘Commission’’ 

4 means the Nuclear Regulatory Commission. 

5 (2) DEPARTMENT.—The term ‘‘Department’’ 

6 means Department of Energy. 

7 (3) HA–LEU.—The term ‘‘HA–LEU’’ means 

8 high-assay low-enriched uranium. 

9 (4) HIGH-ASSAY LOW-ENRICHED URANIUM.— 

10 The term ‘‘high-assay low-enriched uranium’’ means 

11 uranium having an assay greater than 5.0 weight 

12 percent and less than 20.0 weight percent enrich13 ment of the uranium-235 isotope. 

14 (5) HIGH-ENRICHED URANIUM.—The term 

15 ‘‘high-enriched uranium’’ means uranium with an 

16 assay of 20.0 weight percent enrichment or more of 

17 the uranium-235 isotope. 

18 (6) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Energy. 

20 Subtitle B—Nuclear Energy 

21 Leadership Act 

22 SEC. 4201. DEFINITIONS. 

23 Section 951(b) of the Energy Policy Act of 2005 (42 

24 U.S.C. 16271(b)) is amended— 

25 (1) by amending paragraph (1) to read as fol26 lows: 


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1 ‘‘(1) ADVANCED NUCLEAR REACTOR.—The 

2 term ‘advanced nuclear reactor’ means— 

3 ‘‘(A) a nuclear fission reactor, including a 

4 prototype plant (as defined in sections 50.2 and 

5 52.1 of title 10, Code of Federal Regulations 

6 (or successor regulations)), with significant im7 provements compared to reactors operating on 

8 the date of enactment of the Clean Economy 

9 Jobs and Innovation Act, including improve10 ments such as— 

11 ‘‘(i) additional inherent safety fea12 tures; 

13 ‘‘(ii) lower waste yields; 

14 ‘‘(iii) improved fuel and material per15 formance; 

16 ‘‘(iv) increased tolerance to loss of 

17 fuel cooling; 

18 ‘‘(v) enhanced reliability; 

19 ‘‘(vi) increased proliferation resist20 ance; 

21 ‘‘(vii) increased thermal efficiency; 

22 ‘‘(viii) reduced consumption of cooling 

23 water and other environmental impacts; 


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1 ‘‘(ix) the ability to integrate into elec2 tric applications and nonelectric applica3 tions; 

4 ‘‘(x) modular sizes to allow for deploy5 ment that corresponds with the demand 

6 for electricity or process heat; 

7 ‘‘(xi) operational flexibility to respond 

8 to changes in demand for electricity or 

9 process heat and to complement integra10 tion with intermittent renewable energy or 

11 energy storage; or 

12 ‘‘(xii) improved resilience; and 

13 ‘‘(B) a fusion reactor.’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(7) INSTITUTION OF HIGHER EDUCATION.— 

16 The term ‘institution of higher education’ has the 

17 meaning given the term in section 101(a) of the 

18 Higher Education Act of 1965 (20 U.S.C. 

19 1001(a)).’’. 

20 SEC. 4202. NUCLEAR ENERGY RESEARCH, DEVELOPMENT, 

21 DEMONSTRATION, AND COMMERCIAL APPLI22 CATION PROGRAMS. 

23 (a) REACTOR CONCEPTS RESEARCH, DEVELOPMENT, 

24 AND DEMONSTRATION.—Section 952 of the Energy Policy 


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1 Act of 2005 (42 U.S.C. 16272) is amended to read as 

2 follows: 

3 ‘‘SEC. 952. REACTOR CONCEPTS RESEARCH, DEVELOP4 MENT, DEMONSTRATION, AND COMMERCIAL 

5 APPLICATION. 

6 ‘‘(a) SUSTAINABILITY PROGRAM FOR LIGHT WATER

7 REACTORS.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall carry 

9 out a program of research, development, demonstra10 tion, and commercial application to support existing 

11 operating nuclear power plants which shall address 

12 technologies to modernize and improve, with respect 

13 to such plants— 

14 ‘‘(A) reliability; 

15 ‘‘(B) capacity; 

16 ‘‘(C) component aging; 

17 ‘‘(D) safety; 

18 ‘‘(E) physical security and security costs; 

19 ‘‘(F) plant lifetime; 

20 ‘‘(G) operations and maintenance costs, in21 cluding by utilizing risk-informed systems anal22 ysis; 

23 ‘‘(H) the ability for plants to operate flexi24 bly; 


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1 ‘‘(I) nuclear hybrid energy system applica2 tions described in subsection (c); 

3 ‘‘(J) efficiency; 

4 ‘‘(K) environmental impacts; and 

5 ‘‘(L) resilience. 

6 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

7 There are authorized to be appropriated to the Sec8 retary to carry out the program under this sub9 section— 

10 ‘‘(A) $55,000,000 for fiscal year 2021; 

11 ‘‘(B) $57,750,000 for fiscal year 2022; 

12 ‘‘(C) $60,637,500 for fiscal year 2023; 

13 ‘‘(D) $63,669,375 for fiscal year 2024; 

14 and 

15 ‘‘(E) $66,852,844 for fiscal year 2025. 

16 ‘‘(3) REPORT.—The Secretary shall submit an17 nually a public report to the Congressional Commit18 tees of Jurisdiction documenting funds spent under 

19 the program, including those that could benefit the 

20 entirety of the existing reactor fleet, such as with re21 spect to aging management and related sustain22 ability concerns, and identifying funds awarded to 

23 private entities. 

24 ‘‘(b) ADVANCED REACTOR TECHNOLOGIES.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall carry 

2 out a program of research, development, demonstra3 tion, and commercial application to support ad4 vanced reactor technologies. 

5 ‘‘(2) REQUIREMENTS.—In carrying out the pro6 gram under this subsection, the Secretary shall— 

7 ‘‘(A) prioritize designs for advanced nu8 clear reactors that are proliferation resistant 

9 and passively safe, including designs that, com10 pared to reactors operating on the date of en11 actment of the Clean Economy Jobs and Inno12 vation Act— 

13 ‘‘(i) are economically competitive with 

14 other electric power generation plants; 

15 ‘‘(ii) have higher efficiency, lower cost, 

16 less environmental impacts, increased resil17 ience, and improved safety; 

18 ‘‘(iii) use fuels that are proliferation19 resistant and have reduced production of 

20 high-level waste per unit of output; and 

21 ‘‘(iv) use advanced instrumentation 

22 and monitoring systems; 

23 ‘‘(B) consult with the Nuclear Regulatory 

24 Commission on appropriate metrics to consider 

25 for the criteria specified in subparagraph (A); 


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1 ‘‘(C) support research and development to 

2 resolve materials challenges relating to extreme 

3 environments, including environments that con4 tain high levels of— 

5 ‘‘(i) radiation fluence; 

6 ‘‘(ii) temperature; 

7 ‘‘(iii) pressure; and 

8 ‘‘(iv) corrosion; 

9 ‘‘(D) support research and development to 

10 aid in the qualification of advanced fuels, in11 cluding fabrication techniques; 

12 ‘‘(E) support activities that address near13 term challenges in modeling and simulation to 

14 enable accelerated design of and licensing of ad15 vanced nuclear reactors, including the identi16 fication of tools and methodologies for vali17 dating such modeling and simulation efforts; 

18 ‘‘(F) develop technologies, including tech19 nologies to manage, reduce, or reuse nuclear 

20 waste; 

21 ‘‘(G) ensure that nuclear research infra22 structure is maintained or constructed, includ23 ing— 


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1 ‘‘(i) currently operational research re2 actors at the National Laboratories and in3 stitutions of higher education; 

4 ‘‘(ii) hot cell research facilities; 

5 ‘‘(iii) a versatile fast neutron source; 

6 and 

7 ‘‘(iv) advanced coolant testing facili8 ties, including coolants such as lead, so9 dium, gas, and molten salt; 

10 ‘‘(H) improve scientific understanding of 

11 nonlight water coolant physics and chemistry; 

12 ‘‘(I) develop advanced sensors and control 

13 systems, including the identification of tools 

14 and methodologies for validating such sensors 

15 and systems; 

16 ‘‘(J) investigate advanced manufacturing 

17 and advanced construction techniques and ma18 terials to reduce the cost of advanced nuclear 

19 reactors, including the use of digital twins and 

20 of strategies to implement project and construc21 tion management best practices, and study the 

22 effects of radiation and corrosion on materials 

23 created with these techniques; 

24 ‘‘(K) consult with the Administrator of the 

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1 tegrate reactor safeguards and security into de2 sign; 

3 ‘‘(L) support efforts to reduce any tech4 nical barriers that would prevent commercial 

5 application of advanced nuclear energy systems; 

6 and 

7 ‘‘(M) develop various safety analyses and 

8 emergency preparedness and response meth9 odologies. 

10 ‘‘(3) COORDINATION.—The Secretary shall co11 ordinate with individuals engaged in the private sec12 tor and individuals who are experts in nuclear non13 proliferation, environmental and public health and 

14 safety, and economics to advance the development of 

15 various designs of advanced nuclear reactors. In car16 rying out this paragraph, the Secretary shall con17 vene an advisory committee of such individuals and 

18 such committee shall submit annually a report to the 

19 relevant committees of Congress with respect to the 

20 progress of the program. 

21 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

22 There are authorized to be appropriated to the Sec23 retary to carry out the program under this sub24 section $55,000,000 for each of fiscal years 2021 

25 through 2025. 


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1 ‘‘(c) NUCLEAR HYBRID ENERGY SYSTEMS RE2 SEARCH, DEVELOPMENT, DEMONSTRATION, AND COM3 MERCIAL APPLICATION PROGRAM.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall carry 

5 out a program of research, development, demonstra6 tion, and commercial application to develop nuclear 

7 hybrid energy systems, composed of 2 or more co8 located or jointly operated subsystems of energy gen9 eration, energy storage, or other technologies and in 

10 which not less than 1 such subsystem is a nuclear 

11 energy system, to reduce greenhouse gas emissions 

12 in both the power and nonpower sectors. 

13 ‘‘(2) COORDINATION.—In carrying out the pro14 gram under paragraph (1), the Secretary shall co15 ordinate with relevant program offices within the 

16 Department of Energy. 

17 ‘‘(3) FOCUS AREAS.—The program under para18 graph (1) may include research, development, dem19 onstration, or commercial application of nuclear hy20 brid energy systems with respect to— 

21 ‘‘(A) desalination of water; 

22 ‘‘(B) hydrogen or other liquid and gaseous 

23 fuel or chemical production; 

24 ‘‘(C) heat for industrial processes; 

25 ‘‘(D) district heating; 


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1 ‘‘(E) heat or electricity generation and 

2 storage; 

3 ‘‘(F) carbon capture, use, utilization, and 

4 storage; 

5 ‘‘(G) microgrid or island applications; 

6 ‘‘(H) integrated systems modeling, anal7 ysis, and optimization, inclusive of different 

8 configurations of hybrid energy systems; and 

9 ‘‘(I) integrated design, planning, building, 

10 and operation of systems with existing infra11 structure, including interconnection require12 ments with the electric grid, as appropriate. 

13 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

14 There are authorized to be appropriated to the Sec15 retary to carry out the program under this sub16 section— 

17 ‘‘(A) $52,500,000 for fiscal year 2021; 

18 ‘‘(B) $55,125,000 for fiscal year 2022; 

19 ‘‘(C) $57,881,250 for fiscal year 2023; 

20 ‘‘(D) $60,775,313 for fiscal year 2024; 

21 and 

22 ‘‘(E) $63,814,078 for fiscal year 2025.’’. 

23 (b) FUEL CYCLE RESEARCH AND DEVELOPMENT.— 

24 Section 953 of the Energy Policy Act of 2005 (42 U.S.C. 

25 16273) is amended to read as follows: 


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1 ‘‘SEC. 953. FUEL CYCLE RESEARCH, DEVELOPMENT, DEM2 ONSTRATION, AND COMMERCIAL APPLICA3 TION. 

4 ‘‘(a) USED NUCLEAR FUEL RESEARCH, DEVELOP5 MENT, DEMONSTRATION, AND COMMERCIAL APPLICA6 TION.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall con8 duct an advanced fuel cycle research, development, 

9 demonstration, and commercial application program 

10 that improves fuel cycle performance and supports a 

11 variety of options for used nuclear fuel storage, use, 

12 and disposal, including advanced nuclear reactor and 

13 non-reactor concepts (such as radioisotope power 

14 systems), while minimizing environmental and public 

15 health and safety impacts, including— 

16 ‘‘(A) dry cask storage; 

17 ‘‘(B) consolidated interim storage; 

18 ‘‘(C) deep geological storage and disposal, 

19 including mined repository, and other tech20 nologies; 

21 ‘‘(D) used nuclear fuel transportation; 

22 ‘‘(E) integrated waste management sys23 tems; 

24 ‘‘(F) vitrification; 

25 ‘‘(G) fuel recycling and transmutation 

26 technologies, including advanced reprocessing 


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1 technologies such as electrochemical and molten 

2 salt technologies, and advanced redox extraction 

3 technologies; 

4 ‘‘(H) advanced materials to be used in sub5 paragraphs (A) through (G); and 

6 ‘‘(I) other areas as determined by the Sec7 retary. 

8 ‘‘(2) REQUIREMENTS.—In carrying out the pro9 gram under this subsection, the Secretary shall— 

10 ‘‘(A) ensure all activities and designs in11 corporate state of the art safeguards tech12 nologies and techniques to reduce risk of pro13 liferation; 

14 ‘‘(B) consult with the Administrator of the 

15 National Nuclear Security Administration to in16 tegrate safeguards and security by design; 

17 ‘‘(C) consider the potential benefits and 

18 other impacts of those activities for civilian nu19 clear applications, environmental health and 

20 safety, and national security, including consid21 eration of public consent; and 

22 ‘‘(D) consider the economic viability of all 

23 activities and designs. 

24 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

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1 retary to carry out the program under this sub2 section— 

3 ‘‘(A) $91,875,000 for fiscal year 2021; 

4 ‘‘(B) $96,468,750 for fiscal year 2022; 

5 ‘‘(C) $101,292,188 for fiscal year 2023; 

6 ‘‘(D) $106,356,797 for fiscal year 2024; 

7 and 

8 ‘‘(E) $111,674,637 for fiscal year 2025. 

9 ‘‘(b) ADVANCED FUELS.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall con11 duct an advanced fuels research, development, dem12 onstration, and commercial application program on 

13 next-generation light water reactor and advanced re14 actor fuels that demonstrate the potential for im15 proved— 

16 ‘‘(A) performance; 

17 ‘‘(B) accident tolerance; 

18 ‘‘(C) proliferation resistance; 

19 ‘‘(D) use of resources; 

20 ‘‘(E) environmental impact; and 

21 ‘‘(F) economics. 

22 ‘‘(2) REQUIREMENTS.—In carrying out the pro23 gram under this subsection, the Secretary shall— 

24 ‘‘(A) focus on the development of advanced 

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1 niques, that offer improved accident-tolerance 

2 and economic performance with the goal of ini3 tial commercial application by December 31, 

4 2025; and 

5 ‘‘(B) cooperate with private industry and 

6 with institutions of higher education through 

7 the Nuclear Energy University and Integrated 

8 Research Projects programs of the Department. 

9 ‘‘(3) REPORT.—Not later than 180 days after 

10 the date of enactment of this section, the Secretary 

11 shall submit to the Committee on Science, Space, 

12 and Technology of the House of Representatives and 

13 the Committee on Energy and Natural Resources of 

14 the Senate a report that describes how the tech15 nologies and concepts studied under this program 

16 would impact reactor economics, the fuel cycle, oper17 ations, safety, proliferation, and the environment. 

18 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

19 There are authorized to be appropriated to the Sec20 retary to carry out the program under this sub21 section— 

22 ‘‘(A) $133,000,000 for fiscal year 2021; 

23 ‘‘(B) $139,650,000 for fiscal year 2022; 

24 ‘‘(C) $146,632,500 for fiscal year 2023; 


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1 ‘‘(D) $153,964,125 for fiscal year 2024; 

2 and 

3 ‘‘(E) $161,662,331 for fiscal year 2025.’’. 

4 (c) NUCLEAR SCIENCE AND ENGINEERING SUP5 PORT.—Section 954 of the Energy Policy Act of 2005 (42 

6 U.S.C. 16274) is amended— 

7 (1) in the section heading, by striking ‘‘UNI8 VERSITY NUCLEAR’’ and inserting ‘‘NUCLEAR’’; 

9 (2) in subsection (b)— 

10 (A) in the matter preceding paragraph (1), 

11 by striking ‘‘this section’’ and inserting ‘‘this 

12 subsection’’; and 

13 (B) by redesignating paragraphs (1) 

14 through (5) as subparagraphs (A) through (E), 

15 respectively, and indenting appropriately; 

16 (3) in subsection (c), by redesignating para17 graphs (1) and (2) as subparagraphs (A) and (B), 

18 respectively, and indenting appropriately; 

19 (4) in subsection (d)— 

20 (A) in the matter preceding paragraph (1), 

21 by striking ‘‘this section’’ and inserting ‘‘this 

22 subsection’’; and 

23 (B) by redesignating paragraphs (1) 

24 through (4) as subparagraphs (A) through (D), 

25 respectively, and indenting appropriately; 


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1 (5) in subsection (e), by striking ‘‘this section’’ 

2 and inserting ‘‘this subsection’’; 

3 (6) in subsection (f)— 

4 (A) by striking ‘‘this section’’ and inserting 

5 ‘‘this subsection’’; and 

6 (B) by striking ‘‘subsection (b)(2)’’ and in7 serting ‘‘paragraph (2)(B)’’; 

8 (7) by redesignating subsections (a) through (d) 

9 as paragraphs (1) through (4), respectively, and in10 denting appropriately; 

11 (8) by redesignating subsections (e) and (f) as 

12 paragraphs (7) and (8), respectively; 

13 (9) by inserting after paragraph (4) (as so re14 designated) the following: 

15 ‘‘(5) RADIOLOGICAL FACILITIES MANAGE16 MENT.— 

17 ‘‘(A) IN GENERAL.—The Secretary shall 

18 carry out a program under which the Secretary 

19 shall provide project management, technical 

20 support, quality engineering and inspection, and 

21 nuclear material handling support to research 

22 reactors located at universities. 

23 ‘‘(B) AUTHORIZATION OF APPROPRIA24 TIONS.—Of any amounts appropriated to carry 

25 out the program under this subsection, there 


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1 are authorized to be appropriated to the Sec2 retary to carry out the program under this 

3 paragraph $20,000,000 for each of fiscal years 

4 2021 through 2030. 

5 ‘‘(6) NUCLEAR ENERGY UNIVERSITY PRO6 GRAM.—In carrying out the programs under this 

7 section, the Department shall allocate 20 percent of 

8 funds appropriated to nuclear energy research and 

9 development programs annually to fund university10 led research and university infrastructure projects 

11 through an open, competitive solicitation process.’’; 

12 (10) by inserting before paragraph (1) (as so 

13 redesignated) the following: 

14 ‘‘(a) UNIVERSITY NUCLEAR SCIENCE AND ENGI15 NEERING SUPPORT.—’’; and 

16 (11) by adding at the end the following: 

17 ‘‘(b) NUCLEAR ENERGY APPRENTICESHIP SUBPRO18 GRAM.— 

19 ‘‘(1) ESTABLISHMENT.—In carrying out the 

20 program under subsection (a), the Secretary shall 

21 establish a nuclear energy apprenticeship subpro22 gram under which the Secretary shall competitively 

23 award traineeships and apprenticeships in coordina24 tion with universities to provide focused, advanced 

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1 partment, including in industries that are rep2 resented by skilled labor unions. 

3 ‘‘(2) REQUIREMENTS.—In carrying out the sub4 program under this subsection, the Secretary shall— 

5 ‘‘(A) encourage appropriate partnerships 

6 among National Laboratories, affected univer7 sities, and industry; and 

8 ‘‘(B) on an annual basis, evaluate the 

9 needs of the nuclear energy community to im10 plement traineeships for focused topical areas 

11 addressing mission-specific workforce needs. 

12 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated to the Sec14 retary to carry out the subprogram under this sub15 section $5,000,000 for each of fiscal years 2021 

16 through 2030.’’. 

17 (d) CONFORMING AMENDMENT.—The table of con18 tents of the Energy Policy Act of 2005 (Public Law 109– 

19 58; 119 Stat. 600) is amended by striking the items relat20 ing to sections 952 through 954 and inserting the fol21 lowing: 

‘‘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.’’. 


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1 (e) UNIVERSITY NUCLEAR LEADERSHIP PRO2 GRAM.—Section 313 of the Omnibus Appropriations Act, 

3 2009 (42 U.S.C. 16274a), is amended to read as follows: 

4 ‘‘SEC. 313. UNIVERSITY NUCLEAR LEADERSHIP PROGRAM. 

5 ‘‘(a) IN GENERAL.—In carrying out section 954 of 

6 the Energy Policy Act of 2005 (42 U.S.C. 16274), the 

7 Secretary of Energy shall support a program to be known 

8 as the University Nuclear Leadership Program (in this 

9 section referred to as the ‘Program’). 

10 ‘‘(b) USE OF FUNDS.— 

11 ‘‘(1) IN GENERAL.—Except as provided in para12 graph (2), amounts made available to carry out the 

13 Program shall be used to provide financial assistance 

14 for scholarships, fellowships, and research and devel15 opment projects at institutions of higher education 

16 with respect to research, development, demonstra17 tion, and commercial application activities relevant 

18 to civilian advanced nuclear reactors including, but 

19 not limited to— 

20 ‘‘(A) relevant fuel cycle technologies; 

21 ‘‘(B) project management; and 

22 ‘‘(C) advanced construction, manufac23 turing, and fabrication methods. 

24 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

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1 gram may be used to provide financial assistance for 

2 a scholarship, fellowship, or multiyear research and 

3 development project that does not align directly with 

4 a programmatic mission of the Department of En5 ergy, if the activity for which assistance is provided 

6 would facilitate the maintenance of the discipline of 

7 nuclear science or nuclear engineering. 

8 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated $15,000,000 to the Sec10 retary of Energy to carry out the Program for each of 

11 fiscal years 2021 through 2030.’’. 

12 (f) VERSATILE NEUTRON SOURCE.—Section 955(c) 

13 of the Energy Policy Act of 2005 (42 U.S.C. 16275(c)) 

14 is amended— 

15 (1) in paragraph (1)— 

16 (A) in the paragraph heading, by striking 

17 ‘‘MISSION NEED’’ and inserting ‘‘AUTHOR18 IZATION’’; and 

19 (B) in subparagraph (A), by striking ‘‘de20 termine the mission need’’ and inserting ‘‘pro21 vide’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 

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1 retary to carry out to completion the construction of 

2 the facility under this section— 

3 ‘‘(A) $300,000,000 for fiscal year 2021; 

4 ‘‘(B) $550,000,000 for fiscal year 2022; 

5 ‘‘(C) $638,000,000 for fiscal year 2023; 

6 ‘‘(D) $765,000,000 for fiscal year 2024; 

7 and 

8 ‘‘(E) $763,000,000 for fiscal year 2025.’’. 

9 (g) ADVANCED NUCLEAR REACTOR RESEARCH, DE10 VELOPMENT, AND DEMONSTRATION PROGRAM.— 

11 (1) IN GENERAL.—Subtitle E of title IX of the 

12 Energy Policy Act of 2005 (42 U.S.C. 16271 et 

13 seq.) is amended by adding at the end the following: 

14 ‘‘SEC. 959A. ADVANCED NUCLEAR REACTOR RESEARCH, DE15 VELOPMENT, DEMONSTRATION, AND COM16 MERCIAL APPLICATION PROGRAM. 

17 ‘‘(a) DEMONSTRATION PROJECT DEFINED.—For the 

18 purposes of this section, the term ‘demonstration project’ 

19 means— 

20 ‘‘(1) an advanced nuclear reactor operated for 

21 the purpose of demonstrating the suitability for com22 mercial application of the advanced nuclear reac23 tor— 

24 ‘‘(A) as part of the power generation facili25 ties of an electric utility system; or 


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1 ‘‘(B) in any other manner; or 

2 ‘‘(2) the operation of one or more experimental 

3 advanced nuclear reactors, for the purpose of dem4 onstrating the suitability for commercial application 

5 of such advanced nuclear reactors. 

6 ‘‘(b) ESTABLISHMENT.—The Secretary shall estab7 lish a program to advance the research, development, dem8 onstration, and commercial application of domestic ad9 vanced, affordable, nuclear energy technologies by— 

10 ‘‘(1) demonstrating a variety of advanced nu11 clear reactor technologies that could be used to 

12 produce— 

13 ‘‘(A) safer, emissions-free power at a lower 

14 cost compared to reactors operating on the date 

15 of enactment of the Clean Economy Jobs and 

16 Innovation Act; 

17 ‘‘(B) heat for community heating, indus18 trial purposes, heat storage, or synthetic fuel 

19 production; 

20 ‘‘(C) remote or off-grid energy supply; or 

21 ‘‘(D) backup or mission-critical power sup22 plies; 

23 ‘‘(2) identifying research areas that the private 

24 sector is unable or unwilling to undertake due to the 

25 cost of, or risks associated with, the research; and 


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1 ‘‘(3) facilitating the access of the private sec2 tor— 

3 ‘‘(A) to Federal research facilities and per4 sonnel; and 

5 ‘‘(B) to the results of research relating to 

6 civil nuclear technology funded by the Federal 

7 Government. 

8 ‘‘(c) DEMONSTRATION PROJECTS.—In carrying out 

9 demonstration projects under the program established in 

10 subsection (b), the Secretary shall— 

11 ‘‘(1) include, as an evaluation criterion, diver12 sity in designs for the advanced nuclear reactors 

13 demonstrated under this section, including designs 

14 using various— 

15 ‘‘(A) primary coolants; 

16 ‘‘(B) fuel types and compositions; and 

17 ‘‘(C) neutron spectra; 

18 ‘‘(2) consider, as an evaluation criterion, the 

19 likelihood that the operating cost for future commer20 cial units for each design implemented through a 

21 demonstration project under this subsection is cost22 competitive in the applicable market, including those 

23 designs configured as hybrid energy systems as de24 scribed in section 952(c); 


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1 ‘‘(3) ensure that each evaluation of candidate 

2 technologies for the demonstration projects is com3 pleted through an external review of proposed de4 signs, which review shall— 

5 ‘‘(A) be conducted by a panel that includes 

6 not fewer than 1 representative that does not 

7 have a conflict of interest of each of— 

8 ‘‘(i) an electric utility; 

9 ‘‘(ii) an entity that uses high-tempera10 ture process heat for manufacturing or in11 dustrial processing, such as a petro12 chemical or synthetic fuel company, a man13 ufacturer of metals or chemicals, or a man14 ufacturer of concrete; 

15 ‘‘(iii) an expert from the investment 

16 community; 

17 ‘‘(iv) a project management practi18 tioner; and 

19 ‘‘(v) an environmental health and 

20 safety expert; and 

21 ‘‘(B) include a review of each demonstra22 tion project under this subsection which shall 

23 include consideration of cost-competitiveness 

24 and other value streams, together with the tech25 nology readiness level, the technical abilities 


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1 and qualifications of teams desiring to dem2 onstrate a proposed advanced nuclear reactor 

3 technology, the capacity to meet cost-share re4 quirements of the Department, if Federal fund5 ing is provided, and environmental impacts; 

6 ‘‘(4) for federally funded demonstration 

7 projects, enter into cost-sharing agreements with 

8 private sector partners in accordance with section 

9 988 for the conduct of activities relating to the re10 search, development, and demonstration of advanced 

11 nuclear reactor designs under the program; 

12 ‘‘(5) consult with— 

13 ‘‘(A) National Laboratories; 

14 ‘‘(B) institutions of higher education; 

15 ‘‘(C) traditional end users (such as electric 

16 utilities); 

17 ‘‘(D) potential end users of new tech18 nologies (such as users of high-temperature 

19 process heat for manufacturing processing, in20 cluding petrochemical or synthetic fuel compa21 nies, manufacturers of metals or chemicals, or 

22 manufacturers of concrete); 

23 ‘‘(E) developers of advanced nuclear reac24 tor technology; 


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1 ‘‘(F) environmental and public health and 

2 safety experts; and 

3 ‘‘(G) non-proliferation experts; 

4 ‘‘(6) seek to ensure that the demonstration 

5 projects carried out under this section do not cause 

6 any delay in the progress of an advanced reactor 

7 project by private industry and the Department of 

8 Energy that is underway as of the date of enactment 

9 of this section; 

10 ‘‘(7) establish a streamlined approval process 

11 for expedited contracting between awardees and the 

12 Department; 

13 ‘‘(8) identify technical challenges to candidate 

14 technologies; 

15 ‘‘(9) support near-term research and develop16 ment to address the highest risk technical challenges 

17 to the successful demonstration of a selected ad18 vanced reactor technology, in accordance with— 

19 ‘‘(A) paragraph (8); 

20 ‘‘(B) the research and development activi21 ties under section 952(b); and 

22 ‘‘(C) the research and development activi23 ties under section 958; and 

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1 priate to advise the Secretary regarding the tech2 nical challenges identified under paragraph (8) and 

3 the scope of research and development programs to 

4 address the challenges, in accordance with para5 graph (9), to be comprised of— 

6 ‘‘(A) private sector advanced nuclear reac7 tor technology developers; 

8 ‘‘(B) technical experts with respect to the 

9 relevant technologies at institutions of higher 

10 education; 

11 ‘‘(C) technical experts at the National 

12 Laboratories; 

13 ‘‘(D) environmental and public health and 

14 safety experts; 

15 ‘‘(E) non-proliferation experts; and 

16 ‘‘(F) any other entities the Secretary de17 termines appropriate. 

18 ‘‘(d) MILESTONE-BASED DEMONSTRATION

19 PROJECTS.—The Secretary may carry out demonstration 

20 projects under subsection (c) as a milestone-based dem21 onstration project under section 8304 of the Clean Econ22 omy Jobs and Innovation Act. 

23 ‘‘(e) NONDUPLICATION.—Entities may not receive 

24 funds under this program if receiving funds from another 


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1 reactor demonstration program at the Department in the 

2 same fiscal year. 

3 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Secretary to carry 

5 out the program under this subsection— 

6 ‘‘(1) $530,000,000 for fiscal year 2021; 

7 ‘‘(2) $680,000,000 for fiscal year 2022; 

8 ‘‘(3) $680,000,000 for fiscal year 2023; 

9 ‘‘(4) $680,000,000 for fiscal year 2024; and 

10 ‘‘(5) $680,000,000 for fiscal year 2025.’’. 

11 (2) TABLE OF CONTENTS.—The table of con12 tents of the Energy Policy Act of 2005 (Public Law 

13 109–58; 119 Stat. 594) is amended— 

14 (A) in the items relating to sections 957, 

15 958, and 959, by inserting ‘‘Sec.’’ before ‘‘9’’ 

16 each place it appears; and 

17 (B) by inserting after the item relating to 

18 section 959 the following: 

‘‘Sec. 959A. Advanced nuclear reactor research, development, demonstration, 

and commercial application program.’’. 

19 (h) INTERNATIONAL NUCLEAR ENERGY COOPERA20 TION.— 

21 (1) IN GENERAL.—Subtitle E of title IX of the 

22 Energy Policy Act of 2005 (42 U.S.C. 16271 et 

23 seq.), as amended by subsection (g), is further 

24 amended by adding at the end the following: 


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1 ‘‘SEC. 959B. INTERNATIONAL NUCLEAR ENERGY COOPERA2 TION. 

3 ‘‘(a) IN GENERAL.—The Secretary, in consultation 

4 with international regulators, shall carry out a program— 

5 ‘‘(1) to coordinate international efforts with re6 spect to research, development, demonstration, and 

7 commercial application of nuclear technology that 

8 supports diplomatic, nonproliferation, climate, and 

9 international economic objectives for the safe, se10 cure, and peaceful use of such technology; and 

11 ‘‘(2) to develop collaboration initiatives with re12 spect to such efforts with a variety of countries 

13 through— 

14 ‘‘(A) research and development agree15 ments; 

16 ‘‘(B) the development of coordinated action 

17 plans; and 

18 ‘‘(C) new or existing multilateral coopera19 tion commitments including— 

20 ‘‘(i) the International Framework for 

21 Nuclear Energy Cooperation; 

22 ‘‘(ii) the Generation IV International 

23 Forum; 

24 ‘‘(iii) the International Atomic Energy 

25 Agency; 


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1 ‘‘(iv) the Organization for Economic 

2 Co-operation and Development Nuclear 

3 Energy Agency; and 

4 ‘‘(v) any other international collabo5 rative effort with respect to advanced nu6 clear reactor operations and safety. 

7 ‘‘(b) REQUIREMENTS.—The program under sub8 section (a) shall be carried out to facilitate, to the max9 imum extent practicable, workshops and expert-based ex10 changes to engage industry, stakeholders, and foreign gov11 ernments regarding international civil nuclear issues, such 

12 as training, financing, safety, and options for multi13 national cooperation on used nuclear fuel disposal.’’. 

14 (2) TABLE OF CONTENTS.—The table of con15 tents of the Energy Policy Act of 2005 (Public Law 

16 109–58; 119 Stat. 594), as amended by subsection 

17 (g), is further amended by inserting after the item 

18 relating to section 959A the following: 

‘‘Sec. 959B. International nuclear energy cooperation.’’. 

19 SEC. 4203. NUCLEAR ENERGY BUDGET PLAN. 

20 Section 959 of the Energy Policy Act of 2005 (42 

21 U.S.C. 16279) is amended— 

22 (1) by amending subsection (b) to read as fol23 lows: 

24 ‘‘(b) BUDGET PLAN ALTERNATIVE 1.—One of the 

25 budget plans submitted under subsection (a) shall assume 


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1 constant annual funding for 10 years at the appropriated 

2 level for the current fiscal year for the civilian nuclear en3 ergy research and development of the Department.’’; and 

4 (2) by inserting after subsection (d) the fol5 lowing: 

6 ‘‘(e) UPDATES.—Not less frequently than once every 

7 2 years, the Secretary shall submit to the Committee on 

8 Science, Space, and Technology of the House of Rep9 resentatives and the Committee on Energy and Natural 

10 Resources of the Senate updated 10-year budget plans 

11 which shall identify, and provide a justification for, any 

12 major deviation from a previous budget plan submitted 

13 under this section.’’. 

14 SEC. 4204. ORGANIZATION AND ADMINISTRATION OF PRO15 GRAMS. 

16 (a) IN GENERAL.—Subtitle E of title IX of the En17 ergy Policy Act of 2005 (42 U.S.C. 16271 et seq.), as 

18 amended by this Act, is further amended by adding at the 

19 end of the following: 

20 ‘‘SEC. 959C. ORGANIZATION AND ADMINISTRATION OF PRO21 GRAMS. 

22 ‘‘(a) COORDINATION.—In carrying out this subtitle, 

23 the Secretary shall coordinate activities, and effectively 

24 manage crosscutting research priorities across programs 


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1 of the Department and other relevant Federal agencies, 

2 including the National Laboratories. 

3 ‘‘(b) COLLABORATION.— 

4 ‘‘(1) IN GENERAL.—In carrying out this sub5 title, the Secretary shall collaborate with industry, 

6 National Laboratories, other relevant Federal agen7 cies, institutions of higher education, including mi8 nority-serving institutions and research reactors, 

9 Tribal entities, including Alaska Native Corpora10 tions, and international bodies with relevant sci11 entific and technical expertise. 

12 ‘‘(2) PARTICIPATION.—To the extent prac13 ticable, the Secretary shall encourage research 

14 projects that promote collaboration between entities 

15 specified in paragraph (1). 

16 ‘‘(c) DISSEMINATION OF RESULTS AND PUBLIC

17 AVAILABILITY.—The Secretary shall, except to the extent 

18 protected from disclosure under section 552(b) of title 5, 

19 United States Code, publish the results of projects sup20 ported under this subtitle through Department websites, 

21 reports, databases, training materials, and industry con22 ferences, including information discovered after the com23 pletion of such projects. 

24 ‘‘(d) EDUCATION AND OUTREACH.—In carrying out 

25 the activities described in this subtitle, the Secretary shall 


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1 support education and outreach activities to disseminate 

2 information and promote public understanding of nuclear 

3 energy. 

4 ‘‘(e) TECHNICAL ASSISTANCE.—In carrying out this 

5 subtitle, for the purposes of supporting technical, non6 hardware, and information-based advances in nuclear en7 ergy development and operations, the Secretary shall also 

8 conduct technical assistance and analysis activities, includ9 ing activities that support commercial application of nu10 clear energy in rural, Tribal, and low-income communities. 

11 ‘‘(f) PROGRAM REVIEW.—At least annually, all pro12 grams in this subtitle shall be subject to an annual review 

13 by the Nuclear Energy Advisory Committee of the Depart14 ment or other independent entity, as appropriate. 

15 ‘‘(g) SENSITIVE INFORMATION.—The Secretary shall 

16 not publish any information generated under this subtitle 

17 that is detrimental to national security, as determined by 

18 the Secretary.’’. 

19 (b) TABLE OF CONTENTS.—The table of contents of 

20 the Energy Policy Act of 2005 (Public Law 109–58; 119 

21 Stat. 594), as amended by this Act, is further amended 

22 by inserting after the item relating to section 959B the 

23 following: 

‘‘Sec. 959C. Organization and administration of programs.’’. 


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1 Subtitle C—Defending Against 

2 Rosatom Exports 

3 SEC. 4301. EXTENSION AND EXPANSION OF LIMITATIONS 

4 ON IMPORTATION OF URANIUM FROM RUS5 SIAN FEDERATION. 

6 (a) IN GENERAL.—Section 3112A of the USEC Pri7 vatization Act (42 U.S.C. 2297h–10a) is amended— 

8 (1) in subsection (a)— 

9 (A) by redesignating paragraph (7) as 

10 paragraph (8); and 

11 (B) by inserting after paragraph (6) the 

12 following: 

13 ‘‘(7) SUSPENSION AGREEMENT.—The term 

14 ‘Suspension Agreement’ has the meaning given that 

15 term in section 3102(13).’’; 

16 (2) in subsection (b)— 

17 (A) by striking ‘‘United States to support’’ 

18 and inserting the following: ‘‘United States— 

19 ‘‘(1) to support’’; 

20 (B) by striking the period at the end and 

21 inserting a semicolon; and 

22 (C) by adding at the end the following: 

23 ‘‘(2) to reduce reliance on uranium imports in 

24 order to protect essential national security interests 

25 of the United States; 


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1 ‘‘(3) to revive and strengthen the supply chain 

2 for nuclear fuel produced and used in the United 

3 States; and 

4 ‘‘(4) to expand production of nuclear fuel in the 

5 United States.’’; and 

6 (3) in subsection (c)— 

7 (A) in paragraph (2)— 

8 (i) in subparagraph (A)— 

9 (I) by striking ‘‘After’’ and in10 serting ‘‘Except as provided in sub11 paragraph (B), after’’; 

12 (II) in clause (vi), by striking ‘‘; 

13 and’’ and inserting a semicolon; 

14 (III) in clause (vii), by striking 

15 the period at the end and inserting a 

16 semicolon; and 

17 (IV) by adding at the end the fol18 lowing: 

19 ‘‘(viii) in calendar year 2021, 596,682 

20 kilograms; 

21 ‘‘(ix) in calendar year 2022, 489,617 

22 kilograms; 

23 ‘‘(x) in calendar year 2023, 578,877 

24 kilograms; 


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1 ‘‘(xi) in calendar year 2024, 476,536 

2 kilograms; 

3 ‘‘(xii) in calendar year 2025, 470,376 

4 kilograms; 

5 ‘‘(xiii) in calendar year 2026, 464,183 

6 kilograms; 

7 ‘‘(xiv) in calendar year 2027, 459,083 

8 kilograms; 

9 ‘‘(xv) in calendar year 2028, 344,312 

10 kilograms; 

11 ‘‘(xvi) in calendar year 2029, 340,114 

12 kilograms; 

13 ‘‘(xvii) in calendar year 2030, 

14 332,141 kilograms; 

15 ‘‘(xviii) in calendar year 2031, 

16 328,862 kilograms; 

17 ‘‘(xix) in calendar year 2032, 322,255 

18 kilograms; 

19 ‘‘(xx) in calendar year 2033, 317,536 

20 kilograms; 

21 ‘‘(xxi) in calendar year 2034, 298,088 

22 kilograms; 

23 ‘‘(xxii) in calendar year 2035, 

24 294,511 kilograms; 


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1 ‘‘(xxiii) in calendar year 2036, 

2 286,066 kilograms; 

3 ‘‘(xxiv) in calendar year 2037, 

4 281,272 kilograms; 

5 ‘‘(xxv) in calendar year 2038, 277,124 

6 kilograms; 

7 ‘‘(xxvi) in calendar year 2039, 

8 277,124 kilograms; and 

9 ‘‘(xxvii) in calendar year 2040, 

10 267,685 kilograms.’’; 

11 (ii) by redesignating subparagraph 

12 (B) as subparagraph (C); and 

13 (iii) by inserting after subparagraph 

14 (A) the following: 

15 ‘‘(B) ADMINISTRATION.— 

16 ‘‘(i) IN GENERAL.—The Secretary of 

17 Commerce shall administer the import lim18 itations described in subparagraph (A) in 

19 accordance with the provisions of the Sus20 pension Agreement, including— 

21 ‘‘(I) the limitations on sales of 

22 enriched uranium product and separa23 tive work units plus conversion; 

24 ‘‘(II) the requirements for nat25 ural uranium returned feed associated 


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1 with sales of enrichment, or enrich2 ment plus conversion from the Rus3 sian Federation; and 

4 ‘‘(III) any other provisions of the 

5 Suspension Agreement. 

6 ‘‘(ii) EFFECT OF TERMINATION OF

7 SUSPENSION AGREEMENT.—Clause (i) 

8 shall remain in effect if the Suspension 

9 Agreement is terminated.’’; 

10 (B) in paragraph (3)— 

11 (i) in subparagraph (A), by striking 

12 the semicolon and inserting ‘‘; or’’; 

13 (ii) in subparagraph (B), by striking 

14 ‘‘; or’’ and inserting a period; and 

15 (iii) by striking subparagraph (C); 

16 (C) in paragraph (5)— 

17 (i) in subparagraph (A)— 

18 (I) by striking ‘‘reference data’’ 

19 and all that follows through ‘‘2019’’ 

20 and inserting the following: ‘‘Lower 

21 Scenario data in the 2019 report of 

22 the World Nuclear Association enti23 tled ‘The Nuclear Fuel Report: Global 

24 Scenarios for Demand and Supply 

25 Availability 2019–2040’. In each of 


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1 calendar years 2023, 2029, and 

2 2035’’; and 

3 (II) by striking ‘‘report or a sub4 sequent report’’ and inserting ‘‘re5 port’’; 

6 (ii) by redesignating subparagraphs 

7 (B) and (C) as subparagraphs (C) and 

8 (D), respectively; 

9 (iii) by inserting after subparagraph 

10 (A) the following: 

11 ‘‘(B) REPORT REQUIRED.—Not later than 

12 one year after the date of the enactment of the 

13 Clean Economy Jobs and Innovation Act, and 

14 every 3 years thereafter, the Secretary shall 

15 submit to Congress a report that includes— 

16 ‘‘(i) a recommendation on the use of 

17 all publicly available data to ensure accu18 rate forecasting by scenario data to com19 port to actual demand for low-enriched 

20 uranium for nuclear reactors in the United 

21 States; and 

22 ‘‘(ii) an identification of the steps to 

23 be taken to adjust the import limitations 

24 described in paragraph (2)(A) based on the 

25 most accurate scenario data.’’; and 


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1 (iv) in subparagraph (D), as redesig2 nated by clause (ii), by striking ‘‘subpara3 graph (B)’’ and inserting ‘‘subparagraph 

4 (C)’’; 

5 (D) in paragraph (9), by striking ‘‘2020’’ 

6 and inserting ‘‘2040’’; 

7 (E) in paragraph (12)(B), by inserting ‘‘or 

8 the Suspension Agreement’’ after ‘‘the Russian 

9 HEU Agreement’’; and 

10 (F) by striking ‘‘(2)(B)’’ each place it ap11 pears and inserting ‘‘(2)(C)’’. 

12 (b) APPLICABILITY.—The amendments made by sub13 section (a) apply with respect to uranium imported from 

14 the Russian Federation on or after January 1, 2021. 

15 Subtitle D—FUSION ENERGY 

16 RESEARCH 

17 SEC. 4401. FUSION ENERGY RESEARCH. 

18 (a) PROGRAM.—Section 307 of the Department of 

19 Energy Research and Innovation Act (42 U.S.C. 18645) 

20 is amended— 

21 (1) by redesignating subsections (a) through (g) 

22 as subsections (b) through (h), respectively; 

23 (2) by inserting before subsection (b), as so re24 designated, the following: 


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1 ‘‘(a) PROGRAM.—As part of the activities authorized 

2 under section 209 of the Department of Energy Organiza3 tion Act (42 U.S.C. 7139) and section 972 of the Energy 

4 Policy Act of 2005 (42 U.S.C. 16312), the Director shall 

5 carry out a fusion energy sciences research and enabling 

6 technology development program to effectively address the 

7 scientific and engineering challenges to building a cost 

8 competitive fusion power plant and to establish a competi9 tive fusion power industry in the United States. As part 

10 of this program, the Director shall carry out research ac11 tivities to expand the fundamental understandings of plas12 mas and matter at very high temperatures and densities 

13 for fusion applications and for other plasma science appli14 cations.’’; 

15 (3) by amending subsection (d) to read as fol16 lows: 

17 ‘‘(d) INERTIAL FUSION RESEARCH AND DEVELOP18 MENT.— 

19 ‘‘(1) IN GENERAL.—The Director shall carry 

20 out a program of research and technology develop21 ment in inertial fusion for energy applications, in22 cluding ion beam, laser, and pulsed power fusion 

23 systems. 

24 ‘‘(2) ACTIVITIES.—As part of the program de25 scribed in paragraph (1), the Director shall support 


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1 activities at and partnerships with universities and 

2 the National Laboratories to— 

3 ‘‘(A) develop novel target designs; 

4 ‘‘(B) support modeling of various inertial 

5 fusion energy concepts and systems; 

6 ‘‘(C) develop diagnostic tools; and 

7 ‘‘(D) improve inertial fusion energy driver 

8 technologies. 

9 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

10 Out of funds authorized to be appropriated under 

11 subsection (o), there are authorized to be appro12 priated to the Secretary to carry out the activities 

13 described in subsection (d)— 

14 ‘‘(A) $25,000,000 for fiscal year 2021; 

15 ‘‘(B) $26,250,000 for fiscal year 2022; 

16 ‘‘(C) $27,563,000 for fiscal year 2023; 

17 ‘‘(D) $28,941,000 for fiscal year 2024; 

18 and 

19 ‘‘(E) $30,377,000 for fiscal year 2025.’’; 

20 (4) by amending subsection (e) to read as fol21 lows: 

22 ‘‘(e) ALTERNATIVE AND ENABLING CONCEPTS.— 

23 ‘‘(1) IN GENERAL.—The Director shall support 

24 research and development activities and facility oper25 ations at institutions of higher education, National 


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1 Laboratories, and private facilities in the United 

2 States for a portfolio of alternative and enabling fu3 sion energy concepts that may provide solutions to 

4 significant challenges to the establishment of a com5 mercial magnetic fusion power plant, prioritized 

6 based on the ability of the United States to play a 

7 leadership role in the international fusion research 

8 community. 

9 ‘‘(2) ACTIVITIES.—Fusion energy concepts and 

10 activities explored under paragraph (1) may in11 clude— 

12 ‘‘(A) alternative fusion energy concepts, in13 cluding— 

14 ‘‘(i) advanced stellarator concepts; 

15 ‘‘(ii) non-tokamak confinement con16 figurations operating at low magnetic 

17 fields; 

18 ‘‘(iii) magnetized target fusion energy 

19 concepts; or 

20 ‘‘(iv) other promising fusion energy 

21 concepts identified by the Director; 

22 ‘‘(B) enabling fusion technology develop23 ment activities, including— 


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1 ‘‘(i) high magnetic field approaches 

2 facilitated by high temperature super3 conductors; 

4 ‘‘(ii) liquid metals to address issues 

5 associated with fusion plasma interactions 

6 with the inner wall of the encasing device; 

7 and 

8 ‘‘(iii) advanced blankets for heat man9 agement and fuel breeding; and 

10 ‘‘(C) advanced scientific computing activi11 ties. 

12 ‘‘(3) INNOVATION NETWORK FOR FUSION EN13 ERGY.— 

14 ‘‘(A) IN GENERAL.—The Secretary, acting 

15 through the Office of Science, shall support a 

16 program to provide fusion energy researchers 

17 with access to scientific and technical resources 

18 and expertise at facilities supported by the De19 partment, including such facilities at National 

20 Laboratories and universities, to advance inno21 vative fusion energy technologies toward com22 mercial application. 

23 ‘‘(B) AWARDS.—Financial assistance 

24 under the program established in subsection (a) 


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1 may be in the form of grants, vouchers, equip2 ment loans, or contracts to private entities. 

3 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

4 Out of funds authorized to be appropriated under 

5 subsection (o), there are authorized to be appro6 priated to the Secretary to carry out the activities 

7 described in subsection (e)— 

8 ‘‘(A) $100,000,000 for fiscal year 2021; 

9 ‘‘(B) $105,000,000 for fiscal year 2022; 

10 ‘‘(C) $110,250,000 for fiscal year 2023; 

11 ‘‘(D) $115,763,000 for fiscal year 2024; 

12 and 

13 ‘‘(E) $121,551,000 for fiscal year 2025.’’; 

14 and 

15 (5) by adding at the end the following: 

16 ‘‘(i) MILESTONE-BASED DEVELOPMENT PROGRAM.— 

17 ‘‘(1) IN GENERAL.—Using the authority of the 

18 Secretary under section 646(g) of the Department of 

19 Energy Organization Act (42 U.S.C. 7256(g)), not20 withstanding paragraph (10) of such section, the 

21 Secretary shall establish, within 3 months of enact22 ment of this Act, a milestone-based fusion energy 

23 development program that requires projects to meet 

24 particular technical milestones before a participant 

25 is awarded funds by the Department. 


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1 ‘‘(2) PURPOSE.—The purpose of the program 

2 established by paragraph (1) shall be to support the 

3 development of a U.S.-based fusion power industry 

4 through the research and development of tech5 nologies that will enable the construction of new full6 scale fusion systems capable of demonstrating sig7 nificant improvements in the performance of such 

8 systems, as defined by the Secretary, within 10 

9 years of the enactment of this Act. 

10 ‘‘(3) ELIGIBILITY.—Any entity is eligible to 

11 participate in the program provided that the Under 

12 Secretary has deemed it as having the necessary re13 sources and expertise. 

14 ‘‘(4) REQUIREMENTS.—In carrying out the 

15 milestone-based program under paragraph (1), the 

16 Secretary shall, for each relevant project— 

17 ‘‘(A) request proposals from eligible enti18 ties, as determined by the Secretary, that in19 clude proposed technical milestones, including 

20 estimated project timelines and total costs; 

21 ‘‘(B) set milestones based on a rigorous 

22 technical review process; 

23 ‘‘(C) award funding of a predetermined 

24 amount to projects that successfully meet pro25 posed milestones under paragraph (1), or for 


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1 expenses deemed reimbursable by the Secretary, 

2 in accordance with terms negotiated for an indi3 vidual award; and 

4 ‘‘(D) communicate regularly with selected 

5 eligible entities and, if the Secretary deems ap6 propriate, exercise small amounts of flexibility 

7 for technical milestones as projects mature. 

8 ‘‘(5) AWARDS.—For the program established 

9 under paragraph (1)— 

10 ‘‘(A) an award recipient shall be respon11 sible for all costs until milestones are achieved, 

12 or reimbursable expenses are reviewed and 

13 verified by the Department; and 

14 ‘‘(B) should an awardee not meet the mile15 stones described in paragraph (4), the Sec16 retary may end the partnership with an award 

17 recipient and use the remaining funds in the 

18 ended agreement for new or existing projects 

19 carried out under this section. 

20 ‘‘(6) APPLICATIONS.—Any project proposal sub21 mitted to the program under paragraph (1) shall be 

22 evaluated based upon its scientific, technical, and 

23 business merits through a peer-review process, which 

24 shall include reviewers with appropriate expertise 

25 from the private sector, the investment community, 


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1 and experts in the science and engineering of fusion 

2 and plasma physics. 

3 ‘‘(7) PROJECT MANAGEMENT.—In carrying out 

4 projects under this program and assessing the com5 pletion of their milestones in accordance with para6 graph (4), the Secretary shall consult with experts 

7 that represent diverse perspectives and professional 

8 experiences, including those from the private sector, 

9 to ensure a complete and thorough review. 

10 ‘‘(8) PROGRAMMATIC REVIEW.—Not later than 

11 4 years after the Secretary has established 3 mile12 stones under this program, the Secretary shall enter 

13 into a contractual arrangement with the National 

14 Academy of Sciences to review and provide a report 

15 describing the findings of this review to the House 

16 Committee on Science, Space, and Technology and 

17 the Senate Committee on Energy and Natural Re18 sources on the program established under this para19 graph (1) that assesses— 

20 ‘‘(A) the benefits and drawbacks of a mile21 stone-based fusion program as compared to tra22 ditional program structure funding models at 

23 the Department; 

24 ‘‘(B) lessons-learned from program oper25 ations; and 


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1 ‘‘(C) any other matters the Secretary de2 termines regarding the program. 

3 ‘‘(9) ANNUAL REPORT.—As part of the annual 

4 budget request submitted for each fiscal year, the 

5 Secretary shall provide the House Committee on 

6 Science, Space, and Technology and the Senate 

7 Committee on Energy and Natural Resources a re8 port describing partnerships supported by the pro9 gram established under paragraph (1) during the 

10 previous fiscal year. 

11 ‘‘(10) AUTHORIZATIONS FOR APPROPRIA12 TIONS.—Out of funds authorized to be appropriated 

13 under subsection (o), there are authorized to be ap14 propriated to the Secretary to carry out the activi15 ties described in subsection (i), to remain available 

16 until expended— 

17 ‘‘(A) $45,000,000 for fiscal year 2021; 

18 ‘‘(B) $110,000,000 for fiscal year 2022; 

19 ‘‘(C) $140,000,000 for fiscal year 2023; 

20 ‘‘(D) $110,000,000 for fiscal year 2024; 

21 and 

22 ‘‘(E) $45,000,000 for fiscal year 2025. 

23 ‘‘(j) FUSION REACTOR SYSTEM DESIGN.—The Direc24 tor shall support research and development activities to 


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1 design future fusion reactor systems and examine and ad2 dress the technical drivers for the cost of these systems. 

3 ‘‘(k) GENERAL PLASMA SCIENCE AND APPLICA4 TIONS.—The Director shall support research in general 

5 plasma science and high energy density physics that ad6 vance the understanding of the scientific community of 

7 fundamental properties and complex behavior of matter to 

8 control and manipulate plasmas for a broad range of ap9 plications, including support for research relevant to ad10 vancements in chip manufacturing and microelectronics. 

11 ‘‘(l) SENSE OF CONGRESS.—It is the sense of Con12 gress that the United States should support a robust, di13 verse program in addition to providing sufficient support 

14 to, at a minimum, meet its commitments to ITER and 

15 maintain the schedule of the project as determined by the 

16 Secretary in coordination with the ITER Organization at 

17 the time of the enactment of this Act. It is further the 

18 sense of Congress that developing the scientific basis for 

19 fusion, providing research results key to the success of 

20 ITER, and training the next generation of fusion sci21 entists are of critical importance to the United States and 

22 should in no way be diminished by participation of the 

23 United States in the ITER project. 

24 ‘‘(m) INTERNATIONAL COLLABORATION.—The Direc25 tor shall— 


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1 ‘‘(1) as practicable and in coordination with 

2 other appropriate Federal agencies as necessary, en3 sure the access of United States researchers to the 

4 most advanced fusion research facilities and research 

5 capabilities in the world, including ITER; 

6 ‘‘(2) to the maximum extent practicable, con7 tinue to leverage United States participation ITER, 

8 and prioritize expanding international partnerships 

9 and investments in current and future fusion re10 search facilities within the United States; and 

11 ‘‘(3) to the maximum extent practicable, 

12 prioritize engagement in collaborative efforts in sup13 port of future international facilities that would pro14 vide access to the most advanced fusion research fa15 cilities in the world to United States researchers. 

16 ‘‘(n) FISSION AND FUSION RESEARCH COORDINA17 TION REPORT.— 

18 ‘‘(1) IN GENERAL.—Not later than 6 months 

19 after the date of enactment of this Act, the Sec20 retary shall transmit to Congress a report address21 ing opportunities for coordinating fusion energy re22 search and development activities between the Office 

23 of Nuclear Energy and the Office of Science. 


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1 ‘‘(2) COMPONENTS.—The report shall assess 

2 opportunities for collaboration on research and de3 velopment of— 

4 ‘‘(A) liquid metals to address issues associ5 ated with fusion plasma interactions with the 

6 inner wall of the encasing device and other com7 ponents within the reactor; 

8 ‘‘(B) immersion blankets for heat manage9 ment and fuel breeding; 

10 ‘‘(C) technologies and methods for instru11 mentation and control; 

12 ‘‘(D) computational methods and codes for 

13 system operation and maintenance; 

14 ‘‘(E) codes and standard development; 

15 ‘‘(F) radioactive waste handling; 

16 ‘‘(G) radiological safety; 

17 ‘‘(H) potential for non-electricity genera18 tion applications; and 

19 ‘‘(I) any other overlapping priority as iden20 tified by the Director of the Office of Science 

21 or the Assistant Secretary of Energy for Nu22 clear Energy. 

23 ‘‘(3) IMPLEMENTATION.—The Secretary shall 

24 implement the recommendations made by the report 


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1 directed in this section upon transmission of the re2 port to Congress. 

3 ‘‘(o) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Secretary to carry 

5 out the activities described in this section— 

6 ‘‘(1) $976,000,000 for fiscal year 2021; 

7 ‘‘(2) $1,033,000,000 for fiscal year 2022; 

8 ‘‘(3) $1,104,000,000 for fiscal year 2023; 

9 ‘‘(4) $1,181,000,000 for fiscal year 2024; and 

10 ‘‘(5) $1,264,000,000 for fiscal year 2025.’’. 

11 (b) ITER.—Section 972(c) of the Energy Policy Act 

12 of 2005 (42 U.S.C. 16312) is amended to read as follows: 

13 ‘‘(c) UNITED STATES PARTICIPATION IN ITER.— 

14 ‘‘(1) IN GENERAL.—There is authorized United 

15 States participation in the construction and oper16 ations of the ITER project, as agreed to under the 

17 April 25, 2007 ‘Agreement on the Establishment of 

18 the ITER International Fusion Energy Organization 

19 for the Joint Implementation of the ITER Project’. 

20 The Director shall coordinate and carry out the re21 sponsibilities of the United States with respect to 

22 this Agreement. 

23 ‘‘(2) REPORT.—Not later than 1 year after the 

24 date of enactment of this Act, the Secretary shall 

25 submit to Congress a report providing an assessment 


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1 of the most recent schedule for ITER that has been 

2 approved by the ITER Council. 

3 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

4 Out of funds authorized to be appropriated under 

5 section 307(o) of the Department of Energy Re6 search and Innovation Act (42 U.S.C. 18645), there 

7 shall be made available to the Secretary to carry out 

8 the construction of ITER— 

9 ‘‘(A) $374,000,000 for fiscal year 2021; 

10 and 

11 ‘‘(B) $300,000,000 for each of fiscal years 

12 2022 through 2025.’’. 

13 TITLE V—ELECTRIC GRID AND 

14 CYBERSECURITY 

15 Subtitle A—Electric Grid 

16 PART 1—21ST CENTURY POWER GRID 

17 SEC. 5101. 21ST CENTURY POWER GRID. 

18 (a) IN GENERAL.—The Secretary of Energy shall es19 tablish a program to provide financial assistance to eligible 

20 partnerships to carry out projects related to the mod21 ernization of the electric grid, including— 

22 (1) projects for the deployment of technologies 

23 to improve monitoring of, advanced controls for, and 

24 prediction of performance of, a distribution system; 

25 and 


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1 (2) projects related to transmission system 

2 planning and operation. 

3 (b) ELIGIBLE PROJECTS.—Projects for which an eli4 gible partnership may receive financial assistance under 

5 subsection (a)— 

6 (1) shall be designed to improve the resiliency, 

7 performance, or efficiency of the electric grid, while 

8 ensuring the continued provision of safe, secure, reli9 able, and affordable power; 

10 (2) may be designed to deploy a new product or 

11 technology that could be used by customers of an 

12 electric utility; and 

13 (3) shall demonstrate— 

14 (A) secure integration and management of 

15 energy resources, including through distributed 

16 energy generation, combined heat and power, 

17 microgrids, energy storage, electric vehicles, en18 ergy efficiency, demand response, or control19 lable loads; or 

20 (B) secure integration and interoperability 

21 of communications and information technologies 

22 related to the electric grid. 

23 (c) CYBERSECURITY PLAN.—Each project carried 

24 out with financial assistance provided under subsection (a) 

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1 ten in accordance with guidelines developed by the Sec2 retary of Energy. 

3 (d) PRIVACY EFFECTS ANALYSIS.—Each project car4 ried out with financial assistance provided under sub5 section (a) shall include a privacy effects analysis that 

6 evaluates the project in accordance with the Voluntary 

7 Code of Conduct of the Department of Energy, commonly 

8 known as the ‘‘DataGuard Energy Data Privacy Pro9 gram’’, or the most recent revisions to the privacy pro10 gram of the Department. 

11 (e) DEFINITIONS.—In this section: 

12 (1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi13 ble partnership’’ means a partnership consisting of 

14 two or more entities, which— 

15 (A) may include— 

16 (i) any institution of higher education; 

17 (ii) a National Laboratory; 

18 (iii) a State, territory, or a local gov19 ernment or other public body created by or 

20 pursuant to State law; 

21 (iv) an Indian Tribe; 

22 (v) a Federal power marketing admin23 istration; or 

24 (vi) an entity that develops and pro25 vides technology; and 


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1 (B) shall include at least one of any of— 

2 (i) an electric utility; 

3 (ii) a Regional Transmission Organi4 zation; or 

5 (iii) an Independent System Operator. 

6 (2) ELECTRIC UTILITY.—The term ‘‘electric 

7 utility’’ has the meaning given that term in section 

8 3(22) of the Federal Power Act (16 U.S.C. 

9 796(22)), except that such term does not include an 

10 entity described in subparagraph (B) of such sec11 tion. 

12 (3) FEDERAL POWER MARKETING ADMINISTRA13 TION.—The term ‘‘Federal power marketing admin14 istration’’ means the Bonneville Power Administra15 tion, the Southeastern Power Administration, the 

16 Southwestern Power Administration, or the Western 

17 Area Power Administration. 

18 (4) INDEPENDENT SYSTEM OPERATOR; RE19 GIONAL TRANSMISSION ORGANIZATION.—The terms 

20 ‘‘Independent System Operator’’ and ‘‘Regional 

21 Transmission Organization’’ have the meanings 

22 given those terms in section 3 of the Federal Power 

23 Act (16 U.S.C. 796). 

24 (5) INSTITUTION OF HIGHER EDUCATION.—The 

25 term ‘‘institution of higher education’’ has the 


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1 meaning given that term in section 101(a) of the 

2 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

3 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to the Secretary of Energy 

5 to carry out this section $700,000,000 for each of fiscal 

6 years 2021 through 2025, to remain available until ex7 pended. 

8 SEC. 5102. DEFINITIONS. 

9 In sections 5103 and 5104: 

10 (1) ADVANCED ENERGY TECHNOLOGY.—The 

11 term ‘‘advanced energy technology’’ means any en12 ergy generation, load-modifying transmission, or 

13 storage technology with zero or minimal greenhouse 

14 gas emissions that is connected— 

15 (A) to the distribution system; 

16 (B) to the transmission system; or 

17 (C) behind the meter. 

18 (2) ADVISORY COMMITTEE.—The term ‘‘Advi19 sory Committee’’ means the advisory committee es20 tablished under section 5103(a)(2)(A). 

21 (3) COMMISSION.—The term ‘‘Commission’’ 

22 means the Federal Energy Regulatory Commission. 

23 (4) ELECTRIC UTILITY.—The term ‘‘electric 

24 utility’’ has the meaning given the term in section 

25 3 of the Federal Power Act (16 U.S.C. 796). 


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1 (5) GRID OPERATOR.—The term ‘‘grid oper2 ator’’ means— 

3 (A) a Transmission Organization, includ4 ing— 

5 (i) an Independent System Operator; 

6 and 

7 (ii) a Regional Transmission Organi8 zation; 

9 (B) a public utility; and 

10 (C) an electric utility. 

11 (6) INDEPENDENT SYSTEM OPERATOR.—The 

12 term ‘‘Independent System Operator’’ has the mean13 ing given the term in section 3 of the Federal Power 

14 Act (16 U.S.C. 796). 

15 (7) INITIATIVE.—The term ‘‘Initiative’’ means 

16 the Advanced Energy Technology Research Initiative 

17 established under section 5103(a)(1). 

18 (8) PUBLIC UTILITY.—The term ‘‘public util19 ity’’ has the meaning given the term in section 

20 201(e) of the Federal Power Act (16 U.S.C. 824(e)). 

21 (9) REGIONAL TRANSMISSION ORGANIZATION.— 

22 The term ‘‘Regional Transmission Organization’’ 

23 has the meaning given the term in section 3 of the 

24 Federal Power Act (16 U.S.C. 796). 


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

2 means the Secretary of Energy. 

3 (11) TRANSMISSION ORGANIZATION.—The term 

4 ‘‘Transmission Organization’’ has the meaning given 

5 the term in section 3 of the Federal Power Act (16 

6 U.S.C. 796). 

7 SEC. 5103. POWER SYSTEM MODELING REFORM AND UP8 DATES TO GRID SERVICES AND GRID OPER9 ATOR SOFTWARE. 

10 (a) ADVANCED ENERGY TECHNOLOGY RESEARCH

11 INITIATIVE.— 

12 (1) IN GENERAL.—Not later than 90 days after 

13 the date of enactment of this Act, the Commission, 

14 in coordination with the Secretary, shall establish an 

15 initiative, to be known as the ‘‘Advanced Energy 

16 Technology Research Initiative’’, to research and 

17 provide recommendations on how to improve the 

18 modeling, operational, and planning practices used 

19 for the bulk electric system. 

20 (2) ADVISORY COMMITTEE.— 

21 (A) IN GENERAL.—Not later than 180 

22 days after the date of enactment of this Act, 

23 the Commission, in coordination with the Sec24 retary, shall establish an advisory committee to 

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1 tions on matters relating to the Initiative, in2 cluding— 

3 (i) whether the existing modeling and 

4 long-term and short-term planning prac5 tices used by grid operators for power sys6 tems, including power markets, adequately 

7 incorporate expected integration with re8 spect to advanced energy technologies; 

9 (ii) whether the methods used to de10 termine future transmission and capacity 

11 needs and make reliability-related deter12 minations use the right data to adequately 

13 forecast and model the integration of ad14 vanced energy technology into electric 

15 power systems; 

16 (iii) whether the modeling and plan17 ning practices described in clause (i) and 

18 the methods described in clause (ii) need to 

19 be updated to better account for the inte20 gration of advanced energy technology into 

21 electric power systems; 

22 (iv) any undue barriers to the adop23 tion of advanced energy technology pre24 sented by— 


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1 (I) existing modeling, oper2 ational, and planning practices; and 

3 (II) State estimation tools for 

4 planning and reliability; 

5 (v) any need to develop emerging 

6 technologies or software for use in improv7 ing modeling, planning, and operations in 

8 wholesale electricity markets to resolve 

9 computational or technical barriers to the 

10 adoption of advanced energy technology, 

11 including software relating to— 

12 (I) the use of big data, artificial 

13 intelligence, and probabilistic methods 

14 to predict, in near-real-time— 

15 (aa) energy generation from 

16 variable and distributed re17 sources; 

18 (bb) load profiles; and 

19 (cc) consumption and con20 gestion; and 

21 (II) the use of artificial intel22 ligence to improve the responsiveness 

23 of energy system operations; 

24 (vi) whether existing and future grid 

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1 eling techniques, operational processes, and 

2 planning processes used to procure grid re3 liability services— 

4 (I) appropriately account for the 

5 technical and operational characteris6 tics of advanced energy technologies; 

7 (II) allow for the use of those ad8 vanced energy technologies to provide 

9 grid reliability services; and 

10 (III) include appropriate cyberse11 curity safeguards; and 

12 (vii) any rulemaking, technical con13 ference, or policy statement that, in the de14 termination of the Advisory Committee, 

15 the Commission should consider. 

16 (B) COMPOSITION.—The Advisory Com17 mittee shall consist of— 

18 (i) not fewer than 1 representative 

19 from each of— 

20 (I) the Commission; 

21 (II) the Department of Energy; 

22 (III) the Electric Reliability Or23 ganization (as defined in section 

24 215(a) of the Federal Power Act (16 

25 U.S.C. 824o(a))); 


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1 (IV) an Independent System Op2 erator or a Regional Transmission Or3 ganization; 

4 (V) an entity generating electric 

5 power that is not affiliated with a 

6 transmission-owning public or non7 public utility; 

8 (VI) an environmental organiza9 tion with expertise on the bulk electric 

10 system; and 

11 (VII) an institution of higher 

12 education with expertise on the bulk 

13 electric system; 

14 (ii) not fewer than 2 designees of the 

15 National Association of Regulatory Utility 

16 Commissioners; 

17 (iii) not fewer than 3 representatives 

18 from public utilities or electric utilities in 

19 areas not serviced by an Independent Sys20 tem Operator or a Regional Transmission 

21 Organization; and 

22 (iv) not fewer than 2 representatives 

23 from private and nonprofit associations 

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1 ment, and use of advanced energy tech2 nologies. 

3 (C) REPORTS.—Not later than 18 months 

4 after the date of enactment of this Act, and 

5 every 2 years thereafter for 10 years, the Advi6 sory Committee shall submit to the Committee 

7 on Energy and Natural Resources of the Senate 

8 and the Committee on Energy and Commerce 

9 of the House of Representatives a report on the 

10 Initiative, including the findings or rec11 ommendations of the Advisory Committee with 

12 respect to the matters described in clauses (i) 

13 through (vii) of subparagraph (A). 

14 (b) ADVANCED ENERGY TECHNOLOGY AND GRID

15 SERVICES PROGRAM.— 

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

17 after the date of enactment of this Act, the Sec18 retary shall establish a competitive financial assist19 ance program, to be known as the ‘‘Advanced En20 ergy Technology and Grid Services Program’’, under 

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1 nology through advanced research and development 

2 and pilot demonstrations of— 

3 (A) software upgrades, including upgrades 

4 to the software platforms used to operate 

5 wholesale energy markets; 

6 (B) updated power system planning; 

7 (C) new power system (including power 

8 market) modeling platforms; 

9 (D) cybersecurity and physical security up10 grades; and 

11 (E) resilience upgrades. 

12 (2) ELIGIBLE ENTITIES DESCRIBED.—An eligi13 ble entity referred to in paragraph (1) is— 

14 (A) a grid operator; 

15 (B) a State public utility commission; 

16 (C) an energy cooperative; 

17 (D) a municipality; 

18 (E) an electric utility; 

19 (F) a gas utility; or 

20 (G) a State energy office. 

21 (3) ELIGIBLE ACTIVITIES.—The Secretary may 

22 enter into a financial assistance agreement under 

23 this subsection for— 

24 (A) software upgrades by grid operators; 


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1 (B) new power system (including power 

2 market) modeling platforms; 

3 (C) enhancements to cybersecurity safe4 guards; or 

5 (D) updated power system (including 

6 power market) planning, updated power system 

7 (including power market) modeling, or updated 

8 reliability planning and modeling by grid opera9 tors. 

10 (4) COST SHARING.—In awarding Federal fi11 nancial assistance (including grants, loans, and any 

12 other form of financial assistance) to fund eligible 

13 activities under this subsection, the Secretary shall 

14 require cost sharing in accordance with section 988 

15 of the Energy Policy Act of 2005 (42 U.S.C. 

16 16352). 

17 (5) COORDINATION.—In carrying out the Ad18 vanced Energy Technology and Grid Services Pro19 gram established under this subsection, the Sec20 retary, to the maximum extent practicable, shall co21 ordinate with existing programs of the Department 

22 of Energy that focus on grid modernization efforts. 

23 SEC. 5104. ADVANCED ENERGY AND GRID EFFICIENCY 

24 STUDIES AND REPORT. 

25 (a) STUDIES.— 


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1 (1) ADVANCED ENERGY STUDY.—The Sec2 retary, in coordination with the Commission, shall 

3 carry out a study of the costs and benefits to con4 sumers of updating power system planning, mod5 eling, and operational practices, including reliability6 related planning, and energy market participation 

7 rules on advanced energy technologies and resources, 

8 including distributed energy technologies and re9 sources, such as— 

10 (A) energy storage technologies; 

11 (B) energy efficiency and transmission effi12 ciency technologies; 

13 (C) distributed solar and wind energy gen14 eration; 

15 (D) fuel cells; 

16 (E) smart thermostats and smart building 

17 technologies; 

18 (F) demand response technologies, includ19 ing natural gas demand response technologies; 

20 (G) advanced metering technologies; 

21 (H) electric vehicles and electric vehicle 

22 charging infrastructure; 

23 (I) any aggregation of the distributed en24 ergy technologies and resources described in 

25 subparagraph (A) or (C); and 


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1 (J) any other advanced energy tech2 nologies, as determined by the Secretary. 

3 (2) GRID EFFICIENCY STUDY.— 

4 (A) IN GENERAL.—The Secretary, in co5 ordination with the Commission, shall carry out 

6 a study of the barriers and opportunities for 

7 advanced energy technologies that provide in8 creased, more efficient, or more effective deliv9 ery over the existing transmission network. 

10 (B) REQUIREMENTS.—The study under 

11 subparagraph (A) shall include— 

12 (i) an examination of— 

13 (I) the reliability, resilience, and 

14 economic benefits of technologies such 

15 as power flow control, topology opti16 mization, and dynamic line ratings; 

17 (II) the costs, benefits, and chal18 lenges associated with deployment of 

19 the advanced energy technologies de20 scribed in subparagraph (A); and 

21 (III) the impact of grid efficiency 

22 improvements on wholesale and retail 

23 electricity rates; and 

24 (ii) an analysis of the role of financial 

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1 ment of advanced energy technologies, as 

2 determined by the Secretary. 

3 (b) REPORT.—Not later than 18 months after the 

4 date of enactment of this Act, the Secretary shall submit 

5 to the Committee on Energy and Natural Resources of 

6 the Senate and the Committee on Energy and Commerce 

7 of the House of Representatives a report describing the 

8 results of the studies under paragraphs (1) and (2) of sub9 section (a). 

10 PART 2—TRANSMISSION PLANNING 

11 SEC. 5111. INTERREGIONAL TRANSMISSION PLANNING RE12 PORT. 

13 Not later than 6 months after the date of enactment 

14 of this Act, the Secretary of Energy shall submit to Con15 gress a report that— 

16 (1) examines the effectiveness of interregional 

17 transmission planning processes for identifying 

18 transmission projects across regions that provide 

19 economic, reliability, or operational benefits, taking 

20 into consideration the public interest, the integrity of 

21 markets, and the protection of consumers; 

22 (2) evaluates the current architecture of re23 gional electricity grids (including international trans24 mission connections of such grids) that together 


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1 comprise the Nation’s electricity grid, with respect 

2 to— 

3 (A) potential growth in renewable energy 

4 generation, including energy generation from 

5 offshore wind; 

6 (B) potential growth in electricity demand; 

7 and 

8 (C) retirement of existing electricity gen9 eration assets; 

10 (3) analyzes— 

11 (A) the range of benefits that interregional 

12 transmission provides; 

13 (B) the impact of basing transmission 

14 project approvals on a comprehensive assess15 ment of the multiple benefits provided; 

16 (C) synchronization of processes described 

17 in paragraph (1) among neighboring regions; 

18 (D) how often interregional transmission 

19 planning should be completed; 

20 (E) whether voltage, size, or cost require21 ments should be a factor in the approval of 

22 interregional transmission projects; 

23 (F) cost allocation methodologies for inter24 regional transmission projects; and 


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1 (G) current barriers and challenges to con2 struction of interregional transmission projects; 

3 and 

4 (4) identifies potential changes, based on the 

5 analysis under paragraph (3), to the processes de6 scribed in paragraph (1) to ensure the most effi7 cient, cost effective, and broadly beneficial trans8 mission projects are selected for construction. 

9 SEC. 5112. INTERREGIONAL TRANSMISSION PLANNING 

10 RULEMAKING. 

11 (a) IN GENERAL.—Not later than 6 months after the 

12 date of the enactment of this section, the Federal Energy 

13 Regulatory Commission (hereinafter in this section re14 ferred to as ‘‘the Commission’’) shall initiate a rulemaking 

15 to increase the effectiveness of the interregional trans16 mission planning process. 

17 (b) ASSESSMENT.—In conducting the rulemaking 

18 under subsection (a), the Commission shall assess— 

19 (1) the effectiveness of interregional trans20 mission planning processes for identifying trans21 mission planning solutions that provide economic, re22 liability, operation, and public policy benefits, taking 

23 into consideration— 

24 (A) the public interest; 

25 (B) the integrity of markets; and 


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1 (C) the protection of consumers; and 

2 (2) proposed changes to the processes described 

3 in paragraph (1) to ensure that efficient, cost-effec4 tive, and broadly beneficial transmission solutions 

5 are selected for construction, taking into consider6 ation— 

7 (A) the public interest; 

8 (B) the integrity of markets; 

9 (C) the protection of consumers; and 

10 (D) the range of benefits that interregional 

11 transmission provides. 

12 (c) EMPHASIS.—In conducting the rulemaking under 

13 subsection (a), the Commission shall develop rules that 

14 emphasize— 

15 (1) the need for a solution to secure approval 

16 based on a comprehensive assessment of the multiple 

17 benefits the solution is expected to provide; 

18 (2) that interregional benefit analyses made be19 tween multiple regions should not be subject to reas20 sessment by a single regional entity; 

21 (3) the importance of synchronizing the plan22 ning processes between regions that neighbor one 

23 another, including using one timeline with a single 

24 set of needs, input assumptions, and benefit metrics; 


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1 (4) that evaluation of long-term scenarios 

2 should align with the expected life of an inter3 regional transmission solution; 

4 (5) that transmission planning authorities 

5 should allow for the identification and joint evalua6 tion between regions of alternative proposals; 

7 (6) that the interregional transmission planning 

8 process should take place not less frequently than 

9 once every 3 years; 

10 (7) the elimination of arbitrary voltage, size, or 

11 cost requirements for an interregional transmission 

12 solution; and 

13 (8) cost allocation methodologies that reflect 

14 the multiple benefits provided by an interregional 

15 transmission solution. 

16 (d) TIMING.—Not later than 18 months after the 

17 date of the enactment of this section, the Commission 

18 shall complete the rulemaking initiated under subsection 

19 (a). 

20 (e) DEFINITIONS.—In this section: 

21 (1) INTERREGIONAL BENEFIT ANALYSIS.—The 

22 term ‘‘interregional benefit analysis’’ means the 

23 identification and evaluation of the estimated bene24 fits of interregional transmission facilities in two or 

25 more neighboring transmission planning regions to 


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1 meet the needs for transmission system reliability, 

2 resilience, economic, and public policy requirements. 

3 (2) INTERREGIONAL TRANSMISSION PLANNING

4 PROCESS.—The term ‘‘interregional transmission 

5 planning process’’ means an evaluation of trans6 mission needs established by public utility trans7 mission providers in two or more neighboring trans8 mission planning regions that are jointly evaluated 

9 by those regions. 

10 (3) INTERREGIONAL TRANSMISSION SOLU11 TION.—The term ‘‘interregional transmission solu12 tion’’ means an interregional transmission facility 

13 that is evaluated by two or more neighboring trans14 mission planning regions and determined by each of 

15 those regions for the ability of the project to effi16 ciently or cost effectively meet regional transmission 

17 needs or to provide substantial benefits that are not 

18 addressed in either of the region’s regional planning 

19 processes. 

20 (4) TRANSMISSION PLANNING AUTHORITY.— 

21 The term ‘‘transmission planning authority’’ means 

22 the public utility transmission provider within a 

23 transmission planning region that is required to cre24 ate a regional transmission plan that identifies 


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1 transmission facilities and nontransmission alter2 natives needed to meet regional needs. 

3 (5) TRANSMISSION PLANNING REGIONS.—The 

4 term ‘‘transmission planning regions’’ means the 

5 transmission planning regions recognized by the 

6 Commission as compliant with the final rule entitled 

7 ‘‘Transmission Planning and Cost Allocation by 

8 Transmission Owning and Operating Public Utili9 ties’’ located at part 35 of title 18, Code of Federal 

10 Regulations (or any successor regulation). 

11 Subtitle B—State Energy Security 

12 Plans 

13 SEC. 5201. STATE ENERGY SECURITY PLANS. 

14 (a) IN GENERAL.—Part D of title III of the Energy 

15 Policy and Conservation Act (42 U.S.C. 6321 et seq.) is 

16 amended by adding at the end the following: 

17 ‘‘SEC. 367. STATE ENERGY SECURITY PLANS. 

18 ‘‘(a) IN GENERAL.—Federal financial assistance 

19 made available to a State under this part may be used 

20 for the implementation, review, and revision of a State en21 ergy security plan that assesses the State’s existing cir22 cumstances and proposes methods to strengthen the abil23 ity of the State, in consultation with owners and operators 

24 of energy infrastructure in such State, to— 


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1 ‘‘(1) secure the energy infrastructure of the 

2 State against all physical and cybersecurity threats; 

3 ‘‘(2) mitigate the risk of energy supply disrup4 tions to the State and enhance the response to, and 

5 recovery from, energy disruptions; and 

6 ‘‘(3) ensure the State has a reliable, secure, and 

7 resilient energy infrastructure. 

8 ‘‘(b) CONTENTS OF PLAN.—A State energy security 

9 plan described in subsection (a) shall— 

10 ‘‘(1) address all fuels, including petroleum 

11 products, other liquid fuels, coal, electricity, and nat12 ural gas, as well as regulated and unregulated en13 ergy providers; 

14 ‘‘(2) provide a State energy profile, including 

15 an assessment of energy production, distribution, 

16 and end-use; 

17 ‘‘(3) address potential hazards to each energy 

18 sector or system, including physical threats and cy19 bersecurity threats and vulnerabilities; 

20 ‘‘(4) provide a risk assessment of energy infra21 structure and cross-sector interdependencies; 

22 ‘‘(5) provide a risk mitigation approach to en23 hance reliability and end-use resilience; and 

24 ‘‘(6) address multi-State, Indian Tribe, and re25 gional coordination planning and response, and to 


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1 the extent practicable, encourage mutual assistance 

2 in cyber and physical response plans. 

3 ‘‘(c) COORDINATION.—In developing a State energy 

4 security plan under this section, the energy office of the 

5 State shall, to the extent practicable, coordinate with— 

6 ‘‘(1) the public utility or service commission of 

7 the State; 

8 ‘‘(2) energy providers from the private sector; 

9 and 

10 ‘‘(3) other entities responsible for maintaining 

11 fuel or electric reliability. 

12 ‘‘(d) FINANCIAL ASSISTANCE.—A State is not eligible 

13 to receive Federal financial assistance under this part, for 

14 any purpose, for a fiscal year unless the Governor of such 

15 State submits to the Secretary, with respect to such fiscal 

16 year— 

17 ‘‘(1) a State energy security plan described in 

18 subsection (a) that meets the requirements of sub19 section (b); or 

20 ‘‘(2) after an annual review of the State energy 

21 security plan by the Governor— 

22 ‘‘(A) any necessary revisions to such plan; 

23 or 

24 ‘‘(B) a certification that no revisions to 

25 such plan are necessary. 


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1 ‘‘(e) TECHNICAL ASSISTANCE.—Upon request of the 

2 Governor of a State, the Secretary may provide informa3 tion and technical assistance, and other assistance, in the 

4 development, implementation, or revision of a State energy 

5 security plan. 

6 ‘‘(f) SUNSET.—This section shall expire on October 

7 31, 2024.’’. 

8 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

9 (1) CONFORMING AMENDMENTS.—Section 363 

10 of the Energy Policy and Conservation Act (42 

11 U.S.C. 6323) is amended— 

12 (A) by redesignating subsection (f) as sub13 section (e); and 

14 (B) by striking subsection (e). 

15 (2) TECHNICAL AMENDMENT.—Section 

16 366(3)(B)(i) of the Energy Policy and Conservation 

17 Act (42 U.S.C. 6326(3)(B)(i)) is amended by strik18 ing ‘‘approved under section 367’’. 

19 (3) REFERENCE.—The item relating to ‘‘De20 partment of Energy—Energy Conservation’’ in title 

21 II of the Department of the Interior and Related 

22 Agencies Appropriations Act, 1985 (42 U.S.C. 

23 6323a) is amended by striking ‘‘sections 361 

24 through 366’’ and inserting ‘‘sections 361 through 

25 367’’. 


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1 (4) TABLE OF SECTIONS.—The table of sections 

2 for part D of title III of the Energy Policy and Con3 servation Act is amended by adding at the end the 

4 following: 

‘‘Sec. 367. State energy security plans.’’. 

5 Subtitle C—Research and 

6 Development 

7 PART 1—BETTER ENERGY STORAGE 

8 TECHNOLOGY 

9 SEC. 5301. ENERGY STORAGE. 

10 (a) IN GENERAL.—The United States Energy Stor11 age Competitiveness Act of 2007 (42 U.S.C. 17231) is 

12 amended— 

13 (1) by redesignating subsections (l) through (p) 

14 as subsections (p) through (t), respectively; and 

15 (2) by inserting after subsection (k) the fol16 lowing: 

17 ‘‘(l) ENERGY STORAGE RESEARCH AND DEVELOP18 MENT PROGRAM.— 

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

20 after the date of enactment of this subsection, the 

21 Secretary shall establish a research and development 

22 program for energy storage systems, components, 

23 and materials across multiple program offices of the 

24 Department. 


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1 ‘‘(2) REQUIREMENTS.—In carrying out the pro2 gram under paragraph (1), the Secretary shall— 

3 ‘‘(A) coordinate across all relevant pro4 gram offices throughout the Department, in5 cluding the Office of Electricity, the Office of 

6 Energy Efficiency and Renewable Energy, the 

7 Advanced Research Projects Agency – Energy, 

8 the Office of Science, and the Office of Cyberse9 curity, Energy Security, and Emergency Re10 sponse; 

11 ‘‘(B) adopt long-term cost, performance, 

12 and demonstration targets for different types of 

13 energy storage systems and for use in a variety 

14 of regions, including rural areas; 

15 ‘‘(C) incorporate considerations of sustain16 ability, sourcing, recycling, reuse, and disposal 

17 of materials, including critical elements, in the 

18 design of energy storage systems; 

19 ‘‘(D) identify energy storage duration 

20 needs; 

21 ‘‘(E) analyze the need for various types of 

22 energy storage to improve electric grid resil23 ience and reliability; and 

24 ‘‘(F) support research and development of 

25 advanced manufacturing technologies that have 


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1 the potential to improve United States competi2 tiveness in energy storage manufacturing. 

3 ‘‘(3) STRATEGIC PLAN.— 

4 ‘‘(A) IN GENERAL.—No later than 180 

5 days after the date of enactment of this sub6 section, the Secretary shall develop a 5-year 

7 strategic plan identifying research, development, 

8 demonstration, and commercial application 

9 goals for the program in accordance with this 

10 section. The Secretary shall submit this plan to 

11 the Committee on Science, Space, and Tech12 nology of the House of Representatives and the 

13 Committee on Energy and Natural Resources of 

14 the Senate. 

15 ‘‘(B) CONTENTS.—The strategic plan sub16 mitted under subparagraph (A) shall— 

17 ‘‘(i) identify programs at the Depart18 ment related to energy storage systems 

19 that support the research and development 

20 activities described in paragraph (4), and 

21 the demonstration projects under sub22 section (m); and 

23 ‘‘(ii) include timelines for the accom24 plishment of goals developed under the 

25 plan. 


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1 ‘‘(C) UPDATES TO PLAN.—Not less fre2 quently than once every 3 years, the Secretary 

3 shall submit to the Committee on Science, 

4 Space, and Technology of the House of Rep5 resentatives and the Committee on Energy and 

6 Natural Resources of the Senate an updated 

7 version of the plan under subparagraph (A). 

8 ‘‘(4) RESEARCH AND DEVELOPMENT.—In car9 rying out the program established in paragraph (1), 

10 the Secretary shall focus on developing— 

11 ‘‘(A) energy storage systems that can store 

12 energy and deliver stored energy for a minimum 

13 of 6 hours in duration to balance electricity 

14 needs over the course of a single day; 

15 ‘‘(B) long-duration energy storage systems 

16 that can store energy and deliver stored energy 

17 for 10 to 100 hours in duration; and 

18 ‘‘(C) energy storage systems that can store 

19 energy and deliver stored energy over several 

20 months and address seasonal scale variations in 

21 supply and demand. 

22 ‘‘(5) TESTING AND VALIDATION.—The Sec23 retary shall support the standardized testing and 

24 validation of energy storage systems under the pro25 gram through collaboration with 1 or more National 


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1 Laboratories, including the development of meth2 odologies to independently validate energy storage 

3 technologies by— 

4 ‘‘(A) performance of energy storage sys5 tems on the electric grid, including— 

6 ‘‘(i) when appropriate, testing of ap7 plication-driven charge and discharge pro8 tocols; 

9 ‘‘(ii) evaluation of power capacity and 

10 energy output; 

11 ‘‘(iii) degradation of the energy stor12 age systems from cycling and aging; 

13 ‘‘(iv) safety; and 

14 ‘‘(v) reliability testing under grid duty 

15 cycles; and 

16 ‘‘(B) prediction of lifetime metrics. 

17 ‘‘(6) COORDINATION.—In carrying out the pro18 gram established in paragraph (1), the Secretary 

19 shall coordinate with— 

20 ‘‘(A) programs and offices that aim to in21 crease domestic manufacturing and production 

22 of energy storage systems, such as those within 

23 the Department and within the National Insti24 tute of Standards and Technology; 


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1 ‘‘(B) other Federal agencies that are car2 rying out initiatives to increase energy reli3 ability through the development of energy stor4 age systems, including the Department of De5 fense; and 

6 ‘‘(C) other stakeholders working to ad7 vance the development of commercially viable 

8 energy storage systems. 

9 ‘‘(7) TECHNICAL ASSISTANCE PROGRAM.— 

10 ‘‘(A) IN GENERAL.—The Secretary shall 

11 provide technical assistance for commercial ap12 plication of energy storage technologies to eligi13 ble entities. 

14 ‘‘(B) TECHNICAL ASSISTANCE.—Technical 

15 assistance provided under this paragraph— 

16 ‘‘(i) may include assistance with— 

17 ‘‘(I) assessment of relevant tech18 nical and geographic characteristics; 

19 ‘‘(II) interconnection of elec20 tricity storage systems with the elec21 tric grid; and 

22 ‘‘(III) engineering design; and 

23 ‘‘(ii) may not include assistance relat24 ing to modification of Federal, State, or 


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1 local regulations or policies with respect to 

2 energy storage systems. 

3 ‘‘(C) APPLICATIONS.— 

4 ‘‘(i) IN GENERAL.—The Secretary 

5 shall seek applications for technical assist6 ance under the program— 

7 ‘‘(I) on a competitive basis; and 

8 ‘‘(II) on a periodic basis, but not 

9 less frequently than once every 12 

10 months. 

11 ‘‘(ii) PRIORITIES.—In selecting eligi12 ble entities for technical assistance for 

13 commercial applications, the Secretary 

14 shall give priority to eligible entities with 

15 projects that have the greatest potential 

16 for— 

17 ‘‘(I) strengthening the reliability 

18 and resilience of the electric grid to 

19 the impact of extreme weather events, 

20 power grid failures, and interruptions 

21 in supply of electricity; 

22 ‘‘(II) reducing the cost of energy 

23 storage systems; or 

24 ‘‘(III) facilitating the use of net 

25 zero emission energy resources. 


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1 ‘‘(8) PROGRAM DEFINED.—In this subsection 

2 (except in paragraph (9)), the term ‘program’ means 

3 the research and development program established 

4 under paragraph (1). 

5 ‘‘(9) TECHNICAL ASSISTANCE GRANT PRO6 GRAM.— 

7 ‘‘(A) IN GENERAL.—The Secretary shall 

8 establish a technical assistance grant program 

9 (referred to in this subsection as the ‘program’) 

10 to award grants to eligible entities so that enti11 ties may seek technical assistance outside of the 

12 Department of Energy to identify, evaluate, 

13 plan, design, and develop processes to procure 

14 energy storage systems. 

15 ‘‘(B) TECHNICAL ASSISTANCE.— 

16 ‘‘(i) IN GENERAL.—Grants for tech17 nical assistance may be used to obtain 

18 technical assistance with one or more of 

19 the following activities relating to energy 

20 storage systems: 

21 ‘‘(I) Identification of opportuni22 ties to use energy storage systems. 

23 ‘‘(II) Assessment of technical and 

24 economic characteristics. 

25 ‘‘(III) Utility interconnection. 


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1 ‘‘(IV) Permitting and siting 

2 issues. 

3 ‘‘(V) Business planning and fi4 nancial analysis. 

5 ‘‘(VI) Engineering design. 

6 ‘‘(VII) Carrying out initial as7 sessment to identify net system bene8 fits of using energy storage systems. 

9 ‘‘(VIII) Obtaining guidance relat10 ing to methods to assess energy stor11 age in long-term resource planning 

12 and resource procurement. 

13 ‘‘(IX) Carrying out studies to as14 sess the cost-benefit ratio of energy 

15 storage systems. 

16 ‘‘(X) Obtaining guidance on com17 plying with state and local regulatory 

18 technical standards, including siting 

19 and permitting standards. 

20 ‘‘(ii) EXCLUSION.—The grants for 

21 technical assistance described in subpara22 graph (A) shall not be used for assistance 

23 relating to modification of Federal, State, 

24 or local regulations or policies relating to 

25 energy storage systems. 


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1 ‘‘(C) APPLICATIONS.— 

2 ‘‘(i) IN GENERAL.—An eligible entity 

3 desiring grants for technical assistance 

4 under the program shall submit to the Sec5 retary an application at such time, in such 

6 manner, and containing such information 

7 as the Secretary may require. 

8 ‘‘(ii) APPLICATION PROCESS.—The 

9 Secretary shall seek applications for tech10 nical assistance grants under the pro11 gram— 

12 ‘‘(I) on a competitive basis; and 

13 ‘‘(II) on a periodic basis, but not 

14 less frequently than once every 12 

15 months. 

16 ‘‘(D) PRIORITIES.—In selecting eligible en17 tities for grants under the program, the Sec18 retary shall give priority to eligible entities with 

19 projects that have the greatest potential for— 

20 ‘‘(i) strengthening the reliability of en21 ergy infrastructure and the resilience of 

22 energy infrastructure to the effects of ex23 treme weather events, power grid failures, 

24 and interruptions in supply of power; 


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1 ‘‘(ii) reducing the cost of energy stor2 age systems; 

3 ‘‘(iii) facilitating the use of renewable 

4 energy resources; 

5 ‘‘(iv) minimizing environmental im6 pact, including regulated air pollutants and 

7 greenhouse gas emissions; 

8 ‘‘(v) improving the feasibility of 

9 microgrids or island-mode operation, par10 ticularly in rural areas, including rural 

11 areas with high energy costs; and 

12 ‘‘(vi) maximizing local job creation. 

13 ‘‘(E) RULES AND PROCEDURES.— 

14 ‘‘(i) RULES.—Not later than 180 days 

15 after the date of enactment of this Act, the 

16 Secretary shall, by rule, establish proce17 dures for carrying out the program. 

18 ‘‘(ii) GRANTS.—Not later than 120 

19 days after the date on which the Secretary 

20 establishes procedures for the program 

21 under subparagraph (A), the Secretary 

22 shall issue grants under this subsection. 

23 ‘‘(F) REPORTS.—The Secretary shall sub24 mit to Congress and make available to the pub25 lic— 


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1 ‘‘(i) not less frequently than once 

2 every 2 years, a report describing the per3 formance of the program under this sub4 section, including a synthesis and analysis 

5 of any information the Secretary requires 

6 grant recipients to provide to the Secretary 

7 as a condition of receiving a grant; and 

8 ‘‘(ii) on termination of the program 

9 under this subsection, an assessment of the 

10 success of, and education provided by, the 

11 measures carried out by eligible entities 

12 under the program. 

13 ‘‘(10) DEPARTMENT OF ENERGY WORK14 SHOPS.—The Secretary shall hold one or more work15 shops during each of calendar years 2021 and 2023 

16 to facilitate the sharing, across the Department of 

17 Energy, the States, local and Tribal governments, 

18 industry, and the academic research community, of 

19 research developments and new technical knowledge 

20 gained in carrying out this subsection.’’. 

21 (b) ENERGY STORAGE DEMONSTRATION PRO22 GRAM.—The United States Energy Storage Competitive23 ness Act of 2007 (42 U.S.C. 17231), as amended, is fur24 ther amended by inserting after subsection (l), as added 

25 by subsection (a), the following: 


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1 ‘‘(m) ENERGY STORAGE DEMONSTRATION PRO2 GRAM.— 

3 ‘‘(1) ESTABLISHMENT.—The Secretary shall es4 tablish a competitive grant program for the dem5 onstration of energy storage systems, as identified 

6 by the Secretary, that use either— 

7 ‘‘(A) a single system; or 

8 ‘‘(B) aggregations of multiple systems. 

9 ‘‘(2) SELECTION REQUIREMENTS.—In selecting 

10 eligible entities to receive a grant under this section, 

11 the Secretary shall, to the maximum extent prac12 ticable— 

13 ‘‘(A) ensure regional diversity among eligi14 ble entities that receive the grants, including 

15 participation by rural States and small States; 

16 ‘‘(B) ensure that specific projects selected 

17 for grants— 

18 ‘‘(i) expand on the existing technology 

19 demonstration programs of the Depart20 ment of Energy; and 

21 ‘‘(ii) are designed to achieve one or 

22 more of the objectives described in para23 graph (3); 

24 ‘‘(C) give consideration to proposals from 

25 eligible entities for securing energy storage 


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1 through competitive procurement or contract 

2 for service; and 

3 ‘‘(D) prioritize projects that leverage 

4 matching funds from non-Federal sources. 

5 ‘‘(3) OBJECTIVES.—Each demonstration project 

6 selected for a grant under paragraph (1) shall in7 clude one or more of the following objectives: 

8 ‘‘(A) To improve the security of critical in9 frastructure and emergency response systems. 

10 ‘‘(B) To improve the reliability of the 

11 transmission and distribution system, particu12 larly in rural areas, including high energy cost 

13 rural areas. 

14 ‘‘(C) To optimize transmission or distribu15 tion system operation and power quality to 

16 defer or avoid costs of replacing or upgrading 

17 electric grid infrastructure, including trans18 formers and substations. 

19 ‘‘(D) To supply energy at peak periods of 

20 demand on the electric grid or during periods of 

21 significant variation of electric grid supply or 

22 demand. 

23 ‘‘(E) To reduce peak loads of homes and 

24 businesses, particularly to defer or avoid invest25 ments in new electric grid capacity. 


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1 ‘‘(F) To advance power conversion systems 

2 to make the systems smarter, more efficient, 

3 able to communicate with other inverters, and 

4 able to control voltage. 

5 ‘‘(G) To provide ancillary services for grid 

6 stability and management. 

7 ‘‘(H) To integrate one or more energy re8 sources, including renewable energy resources, 

9 at the source or away from the source. 

10 ‘‘(I) To increase the feasibility of 

11 microgrids or island-mode operation. 

12 ‘‘(J) To enable the use of stored energy in 

13 forms other than electricity to support the nat14 ural gas system and other industrial processes. 

15 ‘‘(4) RESTRICTION ON USE OF FUNDS.—Any el16 igible entity that receives a grant under paragraph 

17 (1) may only use the grant to fund programs relat18 ing to the demonstration of energy storage systems 

19 connected to the electric grid, or that provides bi-di20 rectional energy storage capable of providing back21 up energy in the event of grid outages, including en22 ergy storage systems sited behind a customer rev23 enue meter. 

24 ‘‘(5) COST SHARING.—In carrying out this sec25 tion, the Secretary shall require cost sharing under 


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1 this section in accordance with section 988 of the 

2 Energy Policy Act of 2005 (42 U.S.C. 16352). 

3 ‘‘(6) NO PROJECT OWNERSHIP INTEREST.—The 

4 United States shall hold no equity or other owner5 ship interest in an energy storage system for which 

6 a grant is provided under paragraph (1). 

7 ‘‘(7) RULES AND PROCEDURES; AWARDING OF

8 GRANTS.— 

9 ‘‘(A) RULES AND PROCEDURES.—Not later 

10 than 180 days after the date of enactment of 

11 this subsection, the Secretary shall adopt rules 

12 and procedures for carrying out the grant pro13 gram under subsection (m). 

14 ‘‘(B) AWARDING OF GRANTS.—Not later 

15 than 1 year after the date on which the rules 

16 and procedures under paragraph (A) are estab17 lished, the Secretary shall award the initial 

18 grants provided under this section. 

19 ‘‘(8) REPORTS.—The Secretary shall submit to 

20 Congress and make publicly available— 

21 ‘‘(A) not less frequently than once every 2 

22 years for the duration of the grant program 

23 under subsection (m), a report describing the 

24 performance of the grant program, including a 

25 synthesis and analysis of any information the 


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1 Secretary requires grant recipients to provide to 

2 the Secretary as a condition of receiving a 

3 grant; and 

4 ‘‘(B) on termination of the grant program 

5 under subsection (m), an assessment of the suc6 cess of, and education provided by, the meas7 ures carried out by grant recipients under the 

8 grant program. 

9 ‘‘(9) PROGRAM DEFINED.—In this subsection, 

10 the term ‘program’ means the demonstration pro11 gram established under paragraph (1).’’. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.—The 

13 United States Energy Storage Competitiveness Act of 

14 2007 (42 U.S.C. 17231) is amended, in subsection (t) (as 

15 redesignated by subsection (a)(1))— 

16 (1) in paragraph (5), by striking ‘‘and’’ at the 

17 end; 

18 (2) in paragraph (6), by striking the period at 

19 the end and inserting ‘‘;’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(7) the research and development program for 

22 energy storage systems under subsection (l)— 

23 ‘‘(A) $65,100,000 for fiscal year 2021; 

24 ‘‘(B) $68,355,000 for fiscal year 2022; 

25 ‘‘(C) $71,773,000 for fiscal year 2023; 


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1 ‘‘(D) $75,362,000 for fiscal year 2024; 

2 and 

3 ‘‘(E) $79,130,000 for fiscal year 2025; and 

4 ‘‘(8) the demonstration program for energy 

5 storage systems under subsection (m), $50,000,000 

6 for each of fiscal years 2021 through 2025.’’. 

7 SEC. 5302. CRITICAL MINERAL RECYCLING AND REUSE RE8 SEARCH, DEVELOPMENT, AND DEMONSTRA9 TION PROGRAM. 

10 The United States Energy Storage Competitiveness 

11 Act of 2007 (42 U.S.C. 17231) is amended by inserting 

12 after subsection (m), as added by section 5301(b) of this 

13 Act, the following: 

14 ‘‘(n) CRITICAL MINERAL RECYCLING AND REUSE

15 RESEARCH, DEVELOPMENT, AND DEMONSTRATION PRO16 GRAM.— 

17 ‘‘(1) DEFINITIONS.—In this subsection: 

18 ‘‘(A) CRITICAL MINERAL.—The term ‘crit19 ical mineral’ means any of a class of chemical 

20 elements that have a high risk of a supply dis21 ruption and are critical to one or more new, en22 ergy-related technologies such that a shortage 

23 of such element would significantly inhibit 

24 large-scale deployment of technologies that 

25 store energy. 


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1 ‘‘(B) RECYCLING.—The term ‘recycling’ 

2 means the separation of critical minerals em3 bedded within an energy storage system 

4 through physical or chemical means and reuse 

5 of those separated critical minerals in other 

6 technologies. 

7 ‘‘(2) ESTABLISHMENT.—Not later than 180 

8 days after the date of enactment of this subsection, 

9 the Secretary shall establish a research, develop10 ment, and demonstration program of recycling of en11 ergy storage systems containing critical minerals. 

12 ‘‘(3) RESEARCH, DEVELOPMENT, AND DEM13 ONSTRATION.—In carrying out the program, the 

14 Secretary may focus research, development, and 

15 demonstration activities on— 

16 ‘‘(A) technologies, process improvements, 

17 and design optimizations that facilitate and 

18 promote recycling, including— 

19 ‘‘(i) improvement of efficiency and 

20 rates of collection of products and scrap 

21 containing critical minerals from con22 sumer, industrial, and other waste streams; 

23 ‘‘(ii) separation and sorting of compo24 nent materials in energy storage systems 

25 containing critical minerals, including imVerDate Sep 11 2014 00:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00579 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.RFS H4447

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1 proving the recyclability of such energy 

2 storage systems; 

3 ‘‘(iii) safe storage of energy storage 

4 systems, including reducing fire risk; 

5 ‘‘(iv) safe transportation of energy 

6 storage systems and components; and 

7 ‘‘(v) development of technologies to 

8 advance energy storage recycling facility 

9 infrastructure, including integrated recy10 cling facilities that can process multiple 

11 materials; 

12 ‘‘(B) research and development of tech13 nologies that mitigate emissions and environ14 mental impacts that arise from recycling, in15 cluding disposal of toxic reagents and byprod16 ucts related to recycling processes; 

17 ‘‘(C) research and development of tech18 nologies to enable recycling of critical materials 

19 from batteries in electric vehicles; 

20 ‘‘(D) research on and analysis of non-tech21 nical barriers to improving the transportation of 

22 energy storage systems containing critical min23 erals; and 

24 ‘‘(E) research on technologies and methods 

25 to enable the safe disposal of energy storage 


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1 systems containing critical minerals, including 

2 waste materials and components recovered dur3 ing the recycling process. 

4 ‘‘(4) REPORT TO CONGRESS.—Not later than 2 

5 years after the date of enactment of this subsection, 

6 and every 3 years thereafter, the Secretary shall 

7 submit to the Committee on Science, Space, and 

8 Technology of the House of Representatives and the 

9 Committee on Energy and Natural Resources of the 

10 Senate a report summarizing the activities, findings, 

11 and progress of the program. 

12 ‘‘(o) DEFINITIONS.—For purposes of subsections (l), 

13 (m), and (n), the following definitions apply: 

14 ‘‘(1) ENERGY STORAGE SYSTEM.—The term 

15 ‘energy storage system’ means equipment or facili16 ties relating to the electric grid that are capable of 

17 absorbing and converting energy, as applicable, stor18 ing the energy for a period of time, and dispatching 

19 the energy, and that— 

20 ‘‘(A) use mechanical, electrochemical, bio21 chemical, or thermal processes, to convert and 

22 store energy that was generated at an earlier 

23 time for use at a later time; 

24 ‘‘(B) use mechanical, electrochemical, bio25 chemical, or thermal processes to convert and 


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1 store energy generated from mechanical proc2 esses that would otherwise be wasted for deliv3 ery at a later time; or 

4 ‘‘(C) convert and store energy in an elec5 tric, thermal, or gaseous state for consumption 

6 at a later time in a manner that avoids the 

7 need to use electricity or other fuel sources at 

8 that later time, as is offered by grid-enabled 

9 water heaters, building heaters or coolers, elec10 tric vehicles, mini-pumped hydroelectric facili11 ties, electrolysis processes that make hydrogen 

12 for transportation or industrial needs, or any 

13 other load shaping mechanism that includes en14 ergy storage. 

15 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en16 tity’ means— 

17 ‘‘(A) a State, territory, or possession of the 

18 United States; 

19 ‘‘(B) a State energy office (as defined in 

20 section 124(a) of the Energy Policy Act of 2005 

21 (42 U.S.C. 15821(a))); 

22 ‘‘(C) a tribal organization (as defined in 

23 section 3765 of title 38, United States Code); 


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1 ‘‘(D) an institution of higher education (as 

2 defined in section 101 of the Higher Education 

3 Act of 1965 (20 U.S.C. 1001)); 

4 ‘‘(E) an electric utility, including— 

5 ‘‘(i) a rural electric cooperative; 

6 ‘‘(ii) a political subdivision of a State, 

7 such as a municipally owned electric util8 ity, or any agency, authority, corporation, 

9 or instrumentality of one or more State po10 litical subdivisions; and 

11 ‘‘(iii) an investor-owned utility; and 

12 ‘‘(F) a private energy storage company 

13 that is a small business concern (as defined in 

14 section 3 of the Small Business Act (15 U.S.C. 

15 632)). 

16 ‘‘(3) ISLAND MODE.—The term ‘island mode’ 

17 means a mode in which a distributed generator or 

18 energy storage system continues to power a location 

19 in the absence of electric power from the primary 

20 source. 

21 ‘‘(4) MICROGRID.—The term ‘microgrid’ means 

22 an integrated energy system consisting of inter23 connected loads and distributed energy resources, in24 cluding generators and energy storage systems, with25 in clearly defined electrical boundaries that— 


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1 ‘‘(A) acts as a single controllable entity 

2 with respect to the electric grid; 

3 ‘‘(B) can connect to, and disconnect from, 

4 the electric grid to operate in both grid-con5 nected mode and island mode. 

6 ‘‘(5) NATIONAL LABORATORY.—The term ‘na7 tional laboratory’ has the meaning given the term in 

8 section 2 of the Energy Policy Act of 2005 (42 

9 U.S.C. 15801).’’. 

10 PART 2—GRID MODERNIZATION RESEARCH AND 

11 DEVELOPMENT 

12 SEC. 5321. SMART GRID REGIONAL DEMONSTRATION INI13 TIATIVE. 

14 Section 1304 of the Energy Independence and Secu15 rity Act of 2007 (42 U.S.C. 17384) is amended— 

16 (1) in subsection (a), by inserting ‘‘research, 

17 development, and demonstration’’ before ‘‘program’’; 

18 (2) in subsection (b)— 

19 (A) by amending paragraph (1) to read as 

20 follows: 

21 ‘‘(1) IN GENERAL.—The Secretary shall estab22 lish a smart grid regional demonstration initiative 

23 (referred to in this subsection as the ‘Initiative’) 

24 composed of demonstration projects focused on cost25 effective, advanced technologies for use in power grid 


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1 sensing, communications, analysis, power flow con2 trol, visualization, distribution automation, industrial 

3 control systems, dynamic line rating systems, grid 

4 redesign, and the integration of distributed energy 

5 resources.’’; and 

6 (B) in paragraph (2)— 

7 (i) in subparagraph (D), by striking 

8 ‘‘and’’ at the end; 

9 (ii) in subparagraph (E), by striking 

10 the period and inserting ‘‘; and’’; and 

11 (iii) by inserting at the end the fol12 lowing: 

13 ‘‘(F) to encourage the commercial applica14 tion of advanced distribution automation tech15 nologies that exert intelligent control over elec16 trical grid functions at the distribution level to 

17 improve system resilience.’’. 

18 SEC. 5322. SMART GRID MODELING, VISUALIZATION, ARCHI19 TECTURE, AND CONTROLS. 

20 Title XIII of the Energy Independence and Security 

21 Act of 2007 (42 U.S.C. 17381 et seq.) is amended by in22 serting after section 1304 the following: 


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1 ‘‘SEC. 1304a. SMART GRID MODELING, VISUALIZATION, AR2 CHITECTURE, AND CONTROLS. 

3 ‘‘(a) IN GENERAL.—Not later than 180 days after 

4 the enactment of this section, the Secretary shall establish 

5 a program of research, development, demonstration, and 

6 commercial application on electric grid modeling, sensing, 

7 visualization, architecture development, and advanced op8 eration and controls. 

9 ‘‘(b) MODELING RESEARCH AND DEVELOPMENT.— 

10 The Secretary shall support development of models of 

11 emerging technologies and systems to facilitate the secure 

12 and reliable design, planning, and operation of the electric 

13 grid for use by industry stakeholders. In particular, the 

14 Secretary shall support development of— 

15 ‘‘(1) models to analyze and predict the effects 

16 of adverse physical and cyber events on the electric 

17 grid; 

18 ‘‘(2) coupled models of electrical, physical, and 

19 cyber systems; 

20 ‘‘(3) models of existing and emerging tech21 nologies being deployed on the electric grid due to 

22 projected changes in the electric generation mix and 

23 loads, for a variety of regional characteristics; and 

24 ‘‘(4) integrated models of the communications, 

25 transmission, distribution, and other interdependent 


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1 systems for existing, new, and emerging tech2 nologies. 

3 ‘‘(c) SITUATIONAL AWARENESS RESEARCH AND DE4 VELOPMENT.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall sup6 port development of computational tools and tech7 nologies to improve sensing, monitoring, and visual8 ization of the electric grid for real-time situational 

9 awareness and decision support tools that enable im10 proved operation of the power system, including util11 ity, non-utility, and customer grid-connected assets, 

12 for use by industry partners. 

13 ‘‘(2) DATA USE.—In developing visualization 

14 capabilities under this section, the Secretary shall 

15 develop tools for industry stakeholders to use to ana16 lyze data collected from advanced measurement and 

17 monitoring technologies, including data from phasor 

18 measurement units and advanced metering units. 

19 ‘‘(3) SEVERE EVENTS.—The Secretary shall 

20 prioritize enhancing cyber and physical situational 

21 awareness of the electric grid during adverse man22 made and naturally-occurring events. 

23 ‘‘(d) ARCHITECTURE.—The Secretary shall conduct 

24 research in collaboration with industry stakeholders to de25 velop model grid architectures to assist with wide-area 


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1 transmission and distribution planning that incorporate 

2 expected changes to the modern electric grid. In sup3 porting the development of model grid architectures, the 

4 Secretary shall— 

5 ‘‘(1) analyze a variety of grid architecture sce6 narios that range from minor upgrades to existing 

7 transmission grid infrastructure to scenarios that in8 volve the replacement of significant portions of exist9 ing transmission grid infrastructure; 

10 ‘‘(2) analyze the effects of the increasing pro11 liferation of renewable and other zero emissions en12 ergy generation sources, increasing use of distrib13 uted resources owned by non-utility entities, and the 

14 use of digital and automated controls not managed 

15 by grid operators; 

16 ‘‘(3) include a variety of new and emerging dis17 tribution grid technologies, including distributed en18 ergy resources, electric vehicle charging stations, dis19 tribution automation technologies, energy storage, 

20 and renewable energy sources; 

21 ‘‘(4) analyze the effects of local load balancing 

22 and other forms of decentralized control; 

23 ‘‘(5) analyze the effects of changes to grid ar24 chitectures resulting from modernizing electric grid 

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1 kets, consumer choice, emergency response, elec2 trification, and cybersecurity concerns; and 

3 ‘‘(6) develop integrated grid architectures that 

4 incorporate system resilience for cyber, physical, and 

5 communications systems. 

6 ‘‘(e) OPERATION AND CONTROLS RESEARCH AND

7 DEVELOPMENT.—The Secretary shall conduct research to 

8 develop improvements to the operation and controls of the 

9 electric grid, in coordination with industry partners. Such 

10 activities shall include— 

11 ‘‘(1) a training facility or facilities to allow grid 

12 operators to gain operational experience with ad13 vanced grid control concepts and technologies; 

14 ‘‘(2) development of cost-effective advanced op15 eration and control concepts and technologies, such 

16 as adaptive islanding, dynamic line rating systems, 

17 power flow controllers, network topology optimiza18 tion, smart circuit breakers, intelligent load shed19 ding, and fault-tolerant control system architectures; 

20 ‘‘(3) development of real-time control concepts 

21 using artificial intelligence and machine learning for 

22 improved electric grid resilience; and 

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1 ment failure prediction, resource optimization, risk 

2 analysis, and decision analysis. 

3 ‘‘(f) INTEROPERABILITY RESEARCH AND DEVELOP4 MENT.—The Secretary shall conduct research and devel5 opment on tools and technologies that improve the inter6 operability and compatibility of new and emerging compo7 nents, technologies, and systems with existing electric grid 

8 infrastructure. 

9 ‘‘(g) UNDERGROUND TRANSMISSION AND DISTRIBU10 TION LINES.—In carrying out the program under sub11 section (a), the Secretary shall support research and devel12 opment on underground transmission and distribution 

13 lines. This shall include research on— 

14 ‘‘(1) methods for lowering the costs of under15 ground transmission and distribution lines, including 

16 through novel installation techniques and materials 

17 considerations; 

18 ‘‘(2) techniques to improve the lifespan of un19 derground transmission and distribution lines; 

20 ‘‘(3) wireless sensors to improve safety of un21 derground transmission and distribution lines and to 

22 predict, identify, detect, and transmit information 

23 about degradation and faults; and 

24 ‘‘(4) methods for improving the resilience and 

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1 tion lines, including by mitigating the impact of 

2 flooding, storm surge, and seasonal climate cycles on 

3 degradation of and damage to underground trans4 mission and distribution lines. 

5 ‘‘(h) COMPUTING RESOURCES AND DATA COORDINA6 TION RESEARCH AND DEVELOPMENT.—In carrying out 

7 this section, the Secretary shall— 

8 ‘‘(1) leverage existing computing resources at 

9 the National Laboratories; 

10 ‘‘(2) develop voluntary standards for data 

11 taxonomies and communication protocols in coordi12 nation with public and private sector stakeholders; 

13 and 

14 ‘‘(3) comply with section 5327 of the Clean 

15 Economy Jobs and Innovation Act. 

16 ‘‘(i) INFORMATION SHARING.—None of the activities 

17 authorized in this section shall require private entities to 

18 share information or data with the Secretary. 

19 ‘‘(j) RESILIENCE.—In this section, the term ‘resil20 ience’ means the ability to withstand and reduce the mag21 nitude or duration of disruptive events, which includes the 

22 capability to anticipate, absorb, adapt to, or rapidly re23 cover from such an event, including from deliberate at24 tacks, accidents, and naturally occurring threats or inci25 dents.’’. 


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1 SEC. 5323. HYBRID ENERGY SYSTEMS. 

2 Title XIII of the Energy Independence and Security 

3 Act of 2007 (42 U.S.C. 17381 et seq.), as amended, is 

4 amended by adding at the end the following: 

5 ‘‘SEC. 1310. HYBRID ENERGY SYSTEMS. 

6 ‘‘(a) IN GENERAL.—Not later than 180 days after 

7 the enactment of this section, the Secretary shall establish 

8 a research, development, and demonstration program to 

9 develop cost-effective hybrid energy systems, including— 

10 ‘‘(1) development of computer modeling to de11 sign different configurations of hybrid energy sys12 tems and to optimize system operation; 

13 ‘‘(2) research on system integration needed to 

14 plan, design, build, and operate hybrid energy sys15 tems, including interconnection requirements with 

16 the electric grid; 

17 ‘‘(3) development of hybrid energy systems for 

18 various applications, including— 

19 ‘‘(A) thermal energy generation and stor20 age for buildings and manufacturing; 

21 ‘‘(B) electricity storage coupled with en22 ergy generation; 

23 ‘‘(C) desalination; 

24 ‘‘(D) production of liquid and gaseous 

25 fuels; and 


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1 ‘‘(E) production of chemicals such as am2 monia and ethylene; 

3 ‘‘(4) development of testing facilities for hybrid 

4 energy systems; and 

5 ‘‘(5) research on incorporation of various tech6 nologies for hybrid energy systems, including nuclear 

7 energy, renewable energy, storage, and carbon cap8 ture, utilization, and sequestration technologies. 

9 ‘‘(b) STRATEGIC PLAN.— 

10 ‘‘(1) IN GENERAL.—Not later than 1 year after 

11 the date of the enactment of this section, the Sec12 retary shall submit to the Committee on Science, 

13 Space, and Technology of the House of Representa14 tives and the Committee on Energy and Natural Re15 sources of the Senate a strategic plan that identifies 

16 opportunities, challenges, and standards needed for 

17 the development and commercial application of hy18 brid energy systems. The strategic plan shall in19 clude— 

20 ‘‘(A) analysis of the potential benefits of 

21 development of hybrid electric systems on the 

22 electric grid; 

23 ‘‘(B) analysis of the potential contributions 

24 of hybrid energy systems to different grid archi25 tecture scenarios; 


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1 ‘‘(C) research and development goals for 

2 various hybrid energy systems, including those 

3 identified in subsection (a); 

4 ‘‘(D) assessment of policy and market bar5 riers to the adoption of hybrid energy systems; 

6 ‘‘(E) analysis of the technical and eco7 nomic feasibility of adoption of different hybrid 

8 energy systems; and 

9 ‘‘(F) a 10-year roadmap to guide the pro10 gram established under subsection (a). 

11 ‘‘(2) UPDATES.—Not less than once every 3 

12 years for the duration of this research program, the 

13 Secretary shall submit an updated version of the 

14 strategic plan to the Committee on Science, Space, 

15 and Technology of the House of Representatives and 

16 the Committee on Energy and Natural Resources of 

17 the Senate. 

18 ‘‘(c) PROGRAM IMPLEMENTATION.—In carrying out 

19 the research, development, demonstration, and commercial 

20 application aims of section, the Secretary shall— 

21 ‘‘(1) implement the recommendations set forth 

22 in the strategic plan in subsection (b); 

23 ‘‘(2) coordinate across all relevant program of24 fices at the Department, including— 


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1 ‘‘(A) the Office of Energy Efficiency and 

2 Renewable Energy; 

3 ‘‘(B) the Office of Nuclear Energy; and 

4 ‘‘(C) the Office of Fossil Energy; 

5 ‘‘(3) leverage existing programs and resources 

6 of the Department; 

7 ‘‘(4) prioritize activities that accelerate the de8 velopment of integrated electricity generation, stor9 age, and distribution systems with net zero green10 house gas emissions; and 

11 ‘‘(5) comply with section 5326 of the Clean 

12 Economy Jobs and Innovation Act. 

13 ‘‘(d) HYBRID ENERGY SYSTEM DEFINED.—The term 

14 ‘hybrid energy system’ means a system composed of 2 or 

15 more co-located or jointly operated sub-systems of energy 

16 generation, energy storage, or other energy technologies.’’. 

17 SEC. 5324. GRID INTEGRATION RESEARCH AND DEVELOP18 MENT. 

19 (a) INTEGRATING DISTRIBUTED ENERGY RE20 SOURCES ONTO THE ELECTRIC GRID.—Section 925(a) of 

21 the Energy Policy Act of 2005 (42 U.S.C. 16215) is 

22 amended— 

23 (1) by redesignating paragraphs (10) and (11) 

24 as paragraphs (12) and (13), respectively; and 


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1 (2) by inserting after paragraph (9) the fol2 lowing: 

3 ‘‘(10) the development of cost-effective tech4 nologies that enable two-way information and power 

5 flow between distributed energy resources and the 

6 electric grid; 

7 ‘‘(11) the development of technologies and con8 cepts that enable interoperability between distributed 

9 energy resources and other behind-the-meter devices 

10 and the electric grid;’’. 

11 (b) INTEGRATING RENEWABLE ENERGY ONTO THE

12 ELECTRIC GRID.—Subtitle C of title IX of the Energy 

13 Policy Act of 2005 (42 U.S.C. 16231 et seq.) is amended 

14 by adding at the end the following: 

15 ‘‘SEC. 936. RESEARCH AND DEVELOPMENT INTO INTE16 GRATING RENEWABLE ENERGY ONTO THE 

17 ELECTRIC GRID. 

18 ‘‘(a) IN GENERAL.—Not later than 180 days after 

19 the enactment of this section, the Secretary shall establish 

20 a research, development, and demonstration program on 

21 technologies that enable integration of renewable energy 

22 generation sources onto the electric grid across multiple 

23 program offices of the Department. The program shall in24 clude— 


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1 ‘‘(1) forecasting for predicting generation from 

2 variable renewable energy sources; 

3 ‘‘(2) development of cost-effective low-loss, long4 distance transmission lines; and 

5 ‘‘(3) development of cost-effective advanced 

6 technologies for variable renewable generation 

7 sources to provide grid services. 

8 ‘‘(b) COORDINATION.—In carrying out this program, 

9 the Secretary shall— 

10 ‘‘(1) coordinate across all relevant program of11 fices at the Department to achieve the goals estab12 lished in this section, including the Office of Elec13 tricity; and 

14 ‘‘(2) comply with section 5326 of the Clean 

15 Economy Jobs and Innovation Act. 

16 ‘‘(c) ADOPTION OF TECHNOLOGIES.—In carrying out 

17 this section, the Secretary shall consider barriers to adop18 tion and commercial application of technologies that en19 able integration of renewable energy sources onto the elec20 tric grid, including cost and other economic barriers, and 

21 shall coordinate with relevant entities to reduce these bar22 riers.’’. 

23 (c) INTEGRATING ELECTRIC VEHICLES ONTO THE

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1 pendence and Security Act of 2007 (42 U.S.C. 17011 et 

2 seq.) is amended by adding at the end the following: 

3 ‘‘SEC. 137. RESEARCH AND DEVELOPMENT INTO INTE4 GRATING ELECTRIC VEHICLES ONTO THE 

5 ELECTRIC GRID. 

6 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

7 research, development, and demonstration program to ad8 vance the integration of electric vehicles, including plug9 in hybrid electric vehicles, onto the electric grid. 

10 ‘‘(b) VEHICLES-TO-GRID INTEGRATION ASSESSMENT

11 REPORT.—Not later than 1 year after the enactment of 

12 this section, the Secretary shall submit to the Committee 

13 on Science, Space, and Technology of the House of Rep14 resentatives and the Committee on Energy and Natural 

15 Resources of the Senate a report on the results of a study 

16 that examines the research, development, and demonstra17 tion opportunities, challenges, and standards needed for 

18 integrating electric vehicles onto the electric grid. 

19 ‘‘(1) REPORT REQUIREMENTS.—The report 

20 shall include— 

21 ‘‘(A) an evaluation of the use of electric ve22 hicles to maintain the reliability of the electric 

23 grid, including— 


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1 ‘‘(i) the use of electric vehicles for de2 mand response, load shaping, emergency 

3 power, and frequency regulation; and 

4 ‘‘(ii) the potential for the reuse of 

5 spent electric vehicle batteries for sta6 tionary grid storage; 

7 ‘‘(B) the impact of grid integration on 

8 electric vehicles, including— 

9 ‘‘(i) the impact of bi-directional elec10 tricity flow on battery degradation; and 

11 ‘‘(ii) the implications of the use of 

12 electric vehicles for grid services on origi13 nal equipment manufacturer warranties; 

14 ‘‘(C) the impacts to the electric grid of in15 creased penetration of electric vehicles, includ16 ing— 

17 ‘‘(i) the distribution grid infrastruc18 ture needed to support an increase in 

19 charging capacity; 

20 ‘‘(ii) strategies for integrating electric 

21 vehicles onto the distribution grid while 

22 limiting infrastructure upgrades; 

23 ‘‘(iii) the changes in electricity de24 mand over a 24-hour cycle due to electric 

25 vehicle charging behavior; 


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1 ‘‘(iv) the load increases expected from 

2 electrifying the transportation sector; 

3 ‘‘(v) the potential for customer incen4 tives and other managed charging stations 

5 strategies to shift charging off-peak; 

6 ‘‘(vi) the technology needed to achieve 

7 bi-directional power flow on the distribu8 tion grid; and 

9 ‘‘(vii) the implementation of smart 

10 charging techniques; 

11 ‘‘(D) research on the standards needed to 

12 integrate electric vehicles with the grid, includ13 ing communications systems, protocols, and 

14 charging stations, in collaboration with the Na15 tional Institute for Standards and Technology; 

16 ‘‘(E) the cybersecurity challenges and 

17 needs associated with electrifying the transpor18 tation sector; and 

19 ‘‘(F) an assessment of the feasibility of 

20 adopting technologies developed under the pro21 gram established under subsection (a) at De22 partment facilities. 

23 ‘‘(2) RECOMMENDATIONS.—As part of the Ve24 hicles-to-Grid Integration Assessment Report, the 

25 Secretary shall develop a 10-year roadmap to guide 


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1 the research, development, and demonstration pro2 gram to integrate electric vehicles onto the electric 

3 grid. 

4 ‘‘(3) CONSULTATION.—In developing this re5 port, the Secretary shall consult with relevant stake6 holders, including— 

7 ‘‘(A) electric vehicle manufacturers; 

8 ‘‘(B) electric utilities; 

9 ‘‘(C) public utility commissions; 

10 ‘‘(D) vehicle battery manufacturers; 

11 ‘‘(E) electric vehicle supply equipment 

12 manufacturers; 

13 ‘‘(F) charging infrastructure manufactur14 ers; 

15 ‘‘(G) the National Laboratories; and 

16 ‘‘(H) other Federal agencies, as the Sec17 retary determines appropriate. 

18 ‘‘(4) UPDATES.—The Secretary shall update 

19 the report required under this section every 3 years 

20 for the duration of the program under section (a) 

21 and shall submit the updated report to the Com22 mittee on Science, Space, and Technology of the 

23 House of Representatives and the Committee on En24 ergy and Natural Resources of the Senate. 


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1 ‘‘(c) PROGRAM IMPLEMENTATION.—In carrying out 

2 the research, development, demonstration, and commercial 

3 application aims of section, the Secretary shall— 

4 ‘‘(1) implement the recommendations set forth 

5 in the report in subsection (b); 

6 ‘‘(2) coordinate across all relevant program of7 fices at the Department to achieve the goals estab8 lished in this section, including the Office of Elec9 tricity; and 

10 ‘‘(3) comply with section 5326 of the Clean 

11 Economy Jobs and Innovation Act. 

12 ‘‘(d) TESTING CAPABILITIES.—The Secretary shall 

13 coordinate with the National Laboratories to develop test14 ing capabilities for the evaluation, rapid prototyping, and 

15 optimization of technologies enabling integration of elec16 tric vehicles onto the electric grid.’’. 

17 (d) RESEARCH AND DEVELOPMENT ON INTEGRATING

18 BUILDINGS ONTO THE ELECTRIC GRID.—Subtitle B of 

19 title IV of the Energy Independence and Security Act of 

20 2007 (42 U.S.C. 17081 et seq.) is amended by adding at 

21 the end the following: 

22 ‘‘SEC. 426. ADVANCED INTEGRATION OF BUILDINGS ONTO 

23 THE ELECTRIC GRID. 

24 ‘‘(a) BUILDINGS-TO-GRID INTEGRATION REPORT.— 

25 Not later than 1 year after the enactment of this section, 


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1 the Secretary shall submit to the Committee on Science, 

2 Space, and Technology of the House of Representatives 

3 and the Committee on Energy and Natural Resources of 

4 the Senate a report on the results of a study that examines 

5 the research, development, and demonstration opportuni6 ties, challenges, and standards needed to enable compo7 nents of commercial and residential buildings to serve as 

8 dynamic energy loads on and resources for the electric 

9 grid. 

10 ‘‘(1) REPORT REQUIREMENTS.—The report 

11 shall include— 

12 ‘‘(A) an assessment of the technologies 

13 needed to enable building components as dy14 namic loads on and resources for the electric 

15 grid, including how such technologies can be— 

16 ‘‘(i) incorporated into new commercial 

17 and residential buildings; and 

18 ‘‘(ii) retrofitted in older buildings; 

19 ‘‘(B) guidelines for the design of new 

20 buildings and building components to enable 

21 modern grid interactivity and improve energy 

22 efficiency; 

23 ‘‘(C) an assessment of barriers to the 

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1 nologies enabling greater integration of building 

2 components onto the electric grid; and 

3 ‘‘(D) an assessment of the feasibility of 

4 adopting advanced building technologies at De5 partment facilities. 

6 ‘‘(2) RECOMMENDATIONS.—As part of the re7 port, the Secretary shall develop a 10-year roadmap 

8 to guide the research, development, and demonstra9 tion program to enable components of commercial 

10 and residential buildings to serve as dynamic energy 

11 loads on and resources for the electric grid. 

12 ‘‘(3) UPDATES.—The Secretary shall update 

13 the report required under this section every 3 years 

14 for the duration of the program under subsection (a) 

15 and shall submit the updated report to the Com16 mittee on Science, Space, and Technology of the 

17 House of Representatives and the Committee on En18 ergy and Natural Resources of the Senate. 

19 ‘‘(b) PROGRAM IMPLEMENTATION.—In carrying out 

20 this section, the Secretary shall— 

21 ‘‘(1) implement the recommendations from the 

22 report in subsection (a); 

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1 lished in this section, including the Office of Elec2 tricity; and 

3 ‘‘(3) comply with section 5326 of the Clean 

4 Economy Jobs and Innovation Act.’’. 

5 SEC. 5325. INDUSTRY ALLIANCE. 

6 Title XIII of the Energy Independence and Security 

7 Act of 2007 (42 U.S.C. 17381 et seq.), as amended, is 

8 amended by adding at the end the following: 

9 ‘‘SEC. 1311. INDUSTRY ALLIANCE. 

10 ‘‘(a) IN GENERAL.—Not later than 180 days after 

11 the enactment of this section, the Secretary shall establish 

12 an advisory committee (to be known as the ‘Industry Alli13 ance’) to advise the Secretary on the authorization of re14 search, development, and demonstration projects under 

15 sections 1304 and 1304a. 

16 ‘‘(b) MEMBERSHIP.—The Industry Alliance shall be 

17 composed of members selected by the Secretary that, as 

18 a group, are broadly representative of United States elec19 tric grid research, development, infrastructure, operations, 

20 and manufacturing expertise. 

21 ‘‘(c) RESPONSIBILITY.—The Secretary shall annually 

22 solicit from the Industry Alliance— 

23 ‘‘(1) comments to identify grid modernization 

24 technology needs; 


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1 ‘‘(2) an assessment of the progress of the re2 search activities on grid modernization; and 

3 ‘‘(3) assistance in annually updating grid mod4 ernization technology roadmaps.’’. 

5 SEC. 5326. COORDINATION OF EFFORTS. 

6 In carrying out the amendments made by this part, 

7 the Secretary shall coordinate with relevant entities to the 

8 maximum extent practicable, including— 

9 (1) electric utilities; 

10 (2) private sector entities; 

11 (3) representatives of all sectors of the electric 

12 power industry; 

13 (4) transmission organizations; 

14 (5) transmission owners and operators; 

15 (6) distribution organizations; 

16 (7) distribution asset owners and operators; 

17 (8) State, tribal, local, and territorial govern18 ments and regulatory authorities; 

19 (9) academic institutions; 

20 (10) the National Laboratories; 

21 (11) other Federal agencies; 

22 (12) nonprofit organizations; 

23 (13) the Federal Energy Regulatory Commis24 sion; 


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1 (14) the North American Reliability Corpora2 tion; 

3 (15) independent system operators; and 

4 (16) programs and program offices at the De5 partment. 

6 SEC. 5327. TECHNICAL AMENDMENTS; AUTHORIZATION OF 

7 APPROPRIATIONS. 

8 (a) TECHNICAL AMENDMENTS.— 

9 (1) ENERGY INDEPENDENCE AND SECURITY

10 ACT OF 2007.—Section 1(b) of the Energy Inde11 pendence and Security Act of 2007 is amended in 

12 the table of contents— 

13 (A) by inserting the following after the 

14 item related to section 136: 

‘‘Sec. 137. Research and development into integrating electric vehicles onto the 

electric grid.’’; 

15 (B) by inserting the following after the 

16 item related to section 425: 

‘‘Sec. 426. Advanced integration of buildings onto the electric grid.’’; 

17 (C) by inserting the following after the 

18 item related to section 1304: 

‘‘Sec. 1304a. Smart grid modeling, visualization, architecture, and controls.’’; 

and 

19 (D) by inserting the following after the 

20 item related to section 1309: 

‘‘Sec. 1310. Hybrid energy systems. 

‘‘Sec. 1311. Industry Alliance.’’. 


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1 (2) ENERGY POLICY ACT OF 2005.—Section 

2 1(b) of the Energy Policy Act of 2005 is amended 

3 in the table of contents by inserting the following 

4 after the item related to section 935: 

‘‘Sec. 936. Research and development into integrating renewable energy onto 

the electric grid.’’. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated— 

7 (1) to carry out sections 5325 and 5326 and 

8 the amendments made by sections 5321 and 5322 of 

9 this part— 

10 (A) $175,000,000 for fiscal year 2021; 

11 (B) $180,000,000 for fiscal year 2022; 

12 (C) $185,000,000 for fiscal year 2023; 

13 (D) $190,000,000 for fiscal year 2024; 

14 and 

15 (E) $199,500,000 for fiscal year 2025; 

16 (2) to carry out section 5323 of this part— 

17 (A) $21,000,000 for fiscal year 2021; 

18 (B) $22,050,000 for fiscal year 2022; 

19 (C) $23,153,000 for fiscal year 2023; 

20 (D) $24,310,000 for fiscal year 2024; and 

21 (E) $25,525,000 for fiscal year 2025; and 

22 (3) to carry out section 5324 of this part— 

23 (A) $52,500,000 for fiscal year 2021; 

24 (B) $55,152,000 for fiscal year 2022; 


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1 (C) $57,882,000 for fiscal year 2023; 

2 (D) $60,775,000 for fiscal year 2024; and 

3 (E) $63,814,000 for fiscal year 2025. 

4 PART 3—GRID SECURITY RESEARCH AND 

5 DEVELOPMENT 

6 SEC. 5341. AMENDMENT TO ENERGY INDEPENDENCE AND 

7 SECURITY ACT OF 2007. 

8 (a) IN GENERAL.—Title XIII of the Energy Inde9 pendence and Security Act of 2007 (42 U.S.C. 17381 et 

10 seq.), as amended by this Act, is further amended by add11 ing at the end the following: 

12 ‘‘SEC. 1312. ENERGY SECTOR SECURITY RESEARCH, DEVEL13 OPMENT, AND DEMONSTRATION PROGRAM. 

14 ‘‘(a) IN GENERAL.—The Secretary, in coordination 

15 with appropriate Federal agencies, the Electricity Sub16 sector Coordinating Council, the Electric Reliability Orga17 nization, State, tribal, local, and territorial governments, 

18 the private sector, and other relevant stakeholders, shall 

19 carry out a research, development, and demonstration pro20 gram to protect the electric grid and energy systems, in21 cluding assets connected to the distribution grid, from 

22 cyber and physical attacks by increasing the cyber and 

23 physical security capabilities of the energy sector and ac24 celerating the development of relevant technologies and 

25 tools. 


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1 ‘‘(b) DEPARTMENT OF ENERGY.—As part of the ini2 tiative described in subsection (a), the Secretary shall 

3 award research, development, and demonstration grants 

4 to— 

5 ‘‘(1) identify cybersecurity risks to the elec6 tricity sector, energy systems, and energy infrastruc7 ture; 

8 ‘‘(2) develop methods and tools to rapidly detect 

9 cyber intrusions and cybersecurity incidents, includ10 ing through the use of data and big data analytics 

11 techniques, such as intrusion detection, and security 

12 information and event management systems, to vali13 date and verify system behavior; 

14 ‘‘(3) assess emerging cybersecurity capabilities 

15 that could be applied to energy systems and develop 

16 technologies that integrate cybersecurity features 

17 and procedures into the design and development of 

18 existing and emerging grid technologies, including 

19 renewable energy, storage, and demand-side manage20 ment technologies; 

21 ‘‘(4) identify existing vulnerabilities in intel22 ligent electronic devices, advanced analytics systems, 

23 and information systems; 


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1 ‘‘(5) work with relevant entities to develop tech2 nologies or concepts that build or retrofit cybersecu3 rity features and procedures into— 

4 ‘‘(A) information and energy management 

5 system devices, components, software, firmware, 

6 and hardware, including distributed control and 

7 management systems, and building manage8 ment systems; 

9 ‘‘(B) data storage systems, data manage10 ment systems, and data analysis processes; 

11 ‘‘(C) automated- and manually-controlled 

12 devices and equipment for monitoring and sta13 bilizing the electric grid; 

14 ‘‘(D) technologies used to synchronize time 

15 and develop guidance for operational contin16 gency plans when time synchronization tech17 nologies, are compromised; 

18 ‘‘(E) power system delivery and end user 

19 systems and devices that connect to the grid, 

20 including— 

21 ‘‘(i) meters, phasor measurement 

22 units, and other sensors; 

23 ‘‘(ii) distribution automation tech24 nologies, smart inverters, and other grid 

25 control technologies; 


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1 ‘‘(iii) distributed generation, energy 

2 storage, and other distributed energy tech3 nologies; 

4 ‘‘(iv) demand response technologies; 

5 ‘‘(v) home and building energy man6 agement and control systems; 

7 ‘‘(vi) electric and plug-in hybrid vehi8 cles and electric vehicle charging systems; 

9 and 

10 ‘‘(vii) other relevant devices, software, 

11 firmware, and hardware; and 

12 ‘‘(F) the supply chain of electric grid man13 agement system components; 

14 ‘‘(6) develop technologies that improve the 

15 physical security of information systems, including 

16 remote assets; 

17 ‘‘(7) integrate human factors research into the 

18 design and development of advanced tools and proc19 esses for dynamic monitoring, detection, protection, 

20 mitigation, response, and cyber situational aware21 ness; 

22 ‘‘(8) evaluate and understand the potential con23 sequences of practices used to maintain the cyberse24 curity of information systems and intelligent elec25 tronic devices; 


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1 ‘‘(9) develop or expand the capabilities of exist2 ing cybersecurity test beds to simulate impacts of 

3 cyber attacks and combined cyber-physical attacks 

4 on information systems and electronic devices, in5 cluding by increasing access to existing and emerg6 ing test beds for cooperative utilities, utilities owned 

7 by a political subdivision of a State, such as munici8 pally-owned electric utilities, and other relevant 

9 stakeholders; and 

10 ‘‘(10) develop technologies that reduce the cost 

11 of implementing effective cybersecurity technologies 

12 and tools, including updates to these technologies 

13 and tools, in the energy sector. 

14 ‘‘(c) NATIONAL SCIENCE FOUNDATION.—The Na15 tional Science Foundation, in coordination with other Fed16 eral agencies, shall through its cybersecurity research and 

17 development programs— 

18 ‘‘(1) support basic research to advance knowl19 edge, applications, technologies, and tools to 

20 strengthen the cybersecurity of information systems 

21 that support the electric grid and energy systems, 

22 including interdisciplinary research in— 

23 ‘‘(A) evolutionary systems, theories, mathe24 matics, and models; 


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1 ‘‘(B) economic and financial theories, 

2 mathematics, and models; and 

3 ‘‘(C) big data analytical methods, mathe4 matics, computer coding, and algorithms; and 

5 ‘‘(2) support cybersecurity education and train6 ing focused on information systems for the electric 

7 grid and energy workforce, including through the 

8 Advanced Technological Education program, the 

9 Cybercorps program, graduate research fellowships, 

10 and other appropriate programs. 

11 ‘‘SEC. 1313. GRID RESILIENCE AND EMERGENCY RESPONSE. 

12 ‘‘(a) IN GENERAL.—Not later than 180 days after 

13 the enactment of this section, the Secretary, in coordina14 tion with appropriate Federal agencies, shall establish a 

15 research, development, and demonstration program to en16 hance resilience and strengthen emergency response and 

17 management pertaining to the energy sector. 

18 ‘‘(b) GRANTS.—The Secretary shall award grants to 

19 eligible entities under subsection (c) on a competitive basis 

20 to conduct research and development with the purpose of 

21 improving the resilience and reliability of electric grid by— 

22 ‘‘(1) developing methods to improve community 

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1 ciency, storage, and distributed generation tech2 nologies; 

3 ‘‘(2) developing tools to help utilities and com4 munities ensure the continuous delivery of electricity 

5 to critical facilities; 

6 ‘‘(3) developing tools to improve coordination 

7 between utilities and relevant Federal agencies to 

8 enable communication, information-sharing, and sit9 uational awareness in the event of a physical or 

10 cyber-attack on the electric grid; 

11 ‘‘(4) developing technologies and capabilities to 

12 withstand and address the current and projected im13 pact of the changing climate on energy sector infra14 structure, including extreme weather events other 

15 natural disasters, and wildfires; 

16 ‘‘(5) developing technologies capable of early 

17 detection of malfunctioning electrical equipment on 

18 the transmission and distribution grid, including de19 tection of spark ignition causing wildfires and risks 

20 of vegetation contact; 

21 ‘‘(6) assessing upgrades and additions needed 

22 to energy sector infrastructure due to projected 

23 changes in the energy generation mix and energy de24 mand; 


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1 ‘‘(7) upgrading tools used to estimate the costs 

2 of outages longer than 24 hours; and 

3 ‘‘(8) developing tools and technologies to assist 

4 with the planning, safe execution of, and safe and 

5 timely restoration of power after emergency power 

6 shut offs, such as those conducted to reduce risks of 

7 wildfires started by grid infrastructure. 

8 ‘‘(c) CONCURRENT AND CO-LOCATED DISASTERS.— 

9 In carrying out the program under subsection (a), the Sec10 retary shall support research and development on tools, 

11 techniques, and technologies for improving electric grid 

12 and energy sector safety and resilience in the event of mul13 tiple simultaneous or co-located weather or climate events 

14 leading to extreme conditions, such as extreme wind, 

15 wildfires, and extreme heat. 

16 ‘‘(d) ELIGIBLE ENTITIES.—The entities eligible to 

17 receive grants under this section include— 

18 ‘‘(1) an institution of higher education, includ19 ing a historically Black college or university and a 

20 minority-serving institution. 

21 ‘‘(2) a nonprofit organization; 

22 ‘‘(3) a National Laboratory; 

23 ‘‘(4) a unit of State, local, or tribal government; 

24 ‘‘(5) an electric utility or electric cooperative; 

25 ‘‘(6) a retail service provider of electricity; 


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1 ‘‘(7) a private commercial entity; 

2 ‘‘(8) a partnership or consortium of 2 or more 

3 entities described in subparagraphs (1) through (7); 

4 and 

5 ‘‘(9) any other entities the Secretary deems ap6 propriate. 

7 ‘‘(e) RELEVANT ACTIVITIES.—Grants awarded under 

8 subsection (b) shall include funding for research and de9 velopment activities related to the purpose described in 

10 subsection (b), such as— 

11 ‘‘(1) development of technologies to use distrib12 uted energy resources, such as solar photovoltaics, 

13 energy storage systems, electric vehicles, and 

14 microgrids, to improve grid and critical end-user re15 silience; 

16 ‘‘(2) analysis of non-technical barriers to great17 er integration and use of technologies on the dis18 tribution grid; 

19 ‘‘(3) analysis of past large-area, long-duration 

20 electricity interruptions to identify common elements 

21 and best practices for electricity restoration, mitiga22 tion, and prevention of future disruptions; 

23 ‘‘(4) development of advanced monitoring, ana24 lytics, operation, and controls of electric grid sys25 tems to improve electric grid resilience; 


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1 ‘‘(5) analysis of technologies, methods, and con2 cepts that can improve community resilience and 

3 survivability of frequent or long-duration power out4 ages; 

5 ‘‘(6) development of methodologies to maintain 

6 cybersecurity during restoration of energy sector in7 frastructure and operation; 

8 ‘‘(7) development of advanced power flow con9 trol systems and components to improve electric grid 

10 resilience; and 

11 ‘‘(8) any other relevant activities determined by 

12 the Secretary. 

13 ‘‘(f) TECHNICAL ASSISTANCE.— 

14 ‘‘(1) IN GENERAL.—The Secretary, in consulta15 tion with relevant Federal agencies, shall provide 

16 technical assistance to eligible entities for the com17 mercial application of technologies to improve the re18 silience of the electric grid and commercial applica19 tion of technologies to help entities develop plans for 

20 preventing and recovering from various power out21 age scenarios at the local, regional, and State level. 

22 ‘‘(2) TECHNICAL ASSISTANCE PROGRAM.—The 

23 commercial application technical assistance program 

24 established in paragraph (1) shall include assistance 

25 to eligible entities for— 


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1 ‘‘(A) the commercial application of tech2 nologies developed from the grant program es3 tablished in subsection (b), including coopera4 tive utilities and utilities owned by a political 

5 subdivision of a State, such as municipally6 owned electric utilities; 

7 ‘‘(B) the development of methods to 

8 strengthen or otherwise mitigate adverse im9 pacts on electric grid infrastructure against 

10 natural hazards; 

11 ‘‘(C) the use of Department data and mod12 eling tools for various purposes; 

13 ‘‘(D) a resource assessment and analysis of 

14 future demand and distribution requirements, 

15 including development of advanced grid archi16 tectures and risk analysis; 

17 ‘‘(E) the development of tools and tech18 nologies to coordinate data across relevant enti19 ties to promote resilience and wildfire preven20 tion in the planning, design, construction, oper21 ation, and maintenance of transmission infra22 structure; 

23 ‘‘(F) analysis to predict the likelihood of 

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1 nance of transmission infrastructure in con2 sultation with the National Oceanic and Atmos3 pheric Administration; and 

4 ‘‘(G) the commercial application of rel5 evant technologies, such as distributed energy 

6 resources, microgrids, or other energy tech7 nologies, to establish backup power for users or 

8 facilities affected by emergency power shutoffs. 

9 ‘‘(3) ELIGIBLE ENTITIES.—The entities eligible 

10 to receive technical assistance for commercial appli11 cation of technologies under this section include— 

12 ‘‘(A) representatives of all sectors of the 

13 electric power industry, including electric utili14 ties, trade organizations, and transmission and 

15 distribution system organizations, owners, and 

16 operators; 

17 ‘‘(B) State and local governments and reg18 ulatory authorities, including public utility com19 missions; 

20 ‘‘(C) tribal and Alaska Native govern21 mental entities; 

22 ‘‘(D) partnerships among entities under 

23 subparagraphs (A) through (C); 

24 ‘‘(E) regional partnerships; and 


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1 ‘‘(F) any other entities the Secretary 

2 deems appropriate. 

3 ‘‘(4) AUTHORITY.—Nothing in this section shall 

4 authorize the Secretary to require any entity to 

5 adopt any model, tool, technology, plan, analysis, or 

6 assessment. 

7 ‘‘SEC. 1314. BEST PRACTICES AND GUIDANCE DOCUMENTS 

8 FOR ENERGY SECTOR CYBERSECURITY RE9 SEARCH. 

10 ‘‘(a) IN GENERAL.—The Secretary, in coordination 

11 with appropriate Federal agencies, the Electricity Sub12 sector Coordinating Council, standards development orga13 nizations, State, tribal, local, and territorial governments, 

14 the private sector, public utility commissions, and other 

15 relevant stakeholders, shall coordinate the development of 

16 guidance documents for research, development, and dem17 onstration activities to improve the cybersecurity capabili18 ties of the energy sector through participating agencies. 

19 As part of these activities, the Secretary, in consultation 

20 with relevant Federal agencies, shall— 

21 ‘‘(1) facilitate stakeholder involvement to up22 date— 

23 ‘‘(A) the Roadmap to Achieve Energy De24 livery Systems Cybersecurity; 


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1 ‘‘(B) the Cybersecurity Procurement Lan2 guage for Energy Delivery Systems, including 

3 developing guidance for— 

4 ‘‘(i) contracting with third parties to 

5 conduct vulnerability testing for informa6 tion systems used across the energy pro7 duction, delivery, storage, and end use sys8 tems; 

9 ‘‘(ii) contracting with third parties 

10 that utilize transient devices to access in11 formation systems; and 

12 ‘‘(iii) managing supply chain risks; 

13 and 

14 ‘‘(C) the Electricity Subsector Cybersecu15 rity Capability Maturity Model, including the 

16 development of metrics to measure changes in 

17 cybersecurity readiness; and 

18 ‘‘(2) develop voluntary guidance to improve dig19 ital forensic analysis capabilities, including— 

20 ‘‘(A) developing standardized terminology 

21 and monitoring processes; and 

22 ‘‘(B) utilizing human factors research to 

23 develop more effective procedures for logging 

24 incident events; and 


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1 ‘‘(3) develop a mechanism to anonymize, aggre2 gate, and share the testing results from cybersecu3 rity test beds to facilitate technology improvements 

4 by public and private sector researchers. 

5 ‘‘(b) BEST PRACTICES.—The Secretary, in collabora6 tion with the Director of the National Institute of Stand7 ards and Technology, the Director of the Cybersecurity 

8 and Infrastructure Security Agency, and other appropriate 

9 Federal agencies, shall convene relevant stakeholders and 

10 facilitate the development of— 

11 ‘‘(1) consensus-based best practices to improve 

12 cybersecurity for— 

13 ‘‘(A) emerging energy technologies; 

14 ‘‘(B) distributed generation and storage 

15 technologies, and other distributed energy re16 sources; 

17 ‘‘(C) electric vehicles and electric vehicle 

18 charging stations; and 

19 ‘‘(D) other technologies and devices that 

20 connect to the electric grid; 

21 ‘‘(2) recommended cybersecurity designs and 

22 technical requirements that can be used by the pri23 vate sector to design and build interoperable cyber24 security features into technologies that connect to 


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1 the electric grid, including networked devices and 

2 components on distribution systems; and 

3 ‘‘(3) technical analysis that can be used by the 

4 private sector in developing best practices for test 

5 beds and test bed methodologies that will enable re6 producible testing of cybersecurity protections for in7 formation systems, electronic devices, and other rel8 evant components, software, and hardware across 

9 test beds. 

10 ‘‘(c) REGULATORY AUTHORITY.—None of the activi11 ties authorized in this section shall be construed to author12 ize regulatory actions. Additionally, the voluntary stand13 ards developed under this section shall not duplicate or 

14 conflict with mandatory reliability standards. 

15 ‘‘SEC. 1315. VULNERABILITY TESTING AND TECHNICAL AS16 SISTANCE TO IMPROVE CYBERSECURITY. 

17 ‘‘The Secretary shall— 

18 ‘‘(1) coordinate with appropriate Federal agen19 cies and energy sector asset owners and operators, 

20 leveraging the research facilities and expertise of the 

21 National Laboratories, to assist entities in devel22 oping testing capabilities by— 

23 ‘‘(A) utilizing a range of methods to iden24 tify vulnerabilities in physical and cyber sys25 tems; 


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1 ‘‘(B) developing cybersecurity risk assess2 ment tools and providing analyses and rec3 ommendations to participating stakeholders; 

4 and 

5 ‘‘(C) working with appropriate Federal 

6 agencies and stakeholders to develop methods to 

7 share anonymized and aggregated test results 

8 to assist relevant stakeholders in the energy 

9 sector, researchers, and the private sector to 

10 advance cybersecurity efforts, technologies, and 

11 tools; 

12 ‘‘(2) in coordination with appropriate Federal 

13 agencies, collaborate with relevant stakeholders, in14 cluding public utility commissions, to— 

15 ‘‘(A) identify information, research, staff 

16 training, and analytical tools needed to evaluate 

17 cybersecurity issues and challenges in the en18 ergy sector; and 

19 ‘‘(B) facilitate the sharing of information 

20 and the development of tools identified under 

21 subparagraph (A); 

22 ‘‘(3) coordinate with tribal governments to iden23 tify information, research, and analysis tools needed 

24 by tribal governments to increase the cybersecurity 

25 of energy assets within their jurisdiction. 


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1 ‘‘SEC. 1316. EDUCATION AND WORKFORCE TRAINING RE2 SEARCH AND STANDARDS. 

3 ‘‘(a) IN GENERAL.—The Secretary shall support the 

4 development of an energy sector cybersecurity workforce 

5 through a program that— 

6 ‘‘(1) facilitates collaboration between under7 graduate and graduate students, researchers at the 

8 National Laboratories, and the civilian energy sec9 tor; 

10 ‘‘(2) prioritizes science and technology in areas 

11 relevant to the mission of the Department of Energy 

12 through the design and application of cybersecurity 

13 technologies for the energy sector; 

14 ‘‘(3) develops, or facilitates private sector devel15 opment of, voluntary cybersecurity training and re16 training standards, lessons, and recommendations 

17 for the energy sector that minimize duplication of 

18 cybersecurity compliance training programs; and 

19 ‘‘(4) maintains a public database of energy sec20 tor cybersecurity education, training, and certifi21 cation programs. 

22 ‘‘(b) GRID RESILIENCE TECHNOLOGY TRAINING.— 

23 The Secretary shall support the development of the grid 

24 workforce through a training program that prioritizes ac25 tivities that enhance the resilience of the electric grid and 

26 energy sector infrastructure, including training on the use 


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1 of tools, technologies, and methods developed under the 

2 grant program established in section 1313(b). 

3 ‘‘(c) COLLABORATION.—In carrying out the program 

4 authorized in subsection (a) and (b), the Secretary shall 

5 coordinate with appropriate Federal agencies and leverage 

6 programs and activities carried out across the Department 

7 of Energy, other relevant Federal agencies, institutions of 

8 higher education, and other appropriate entities best suit9 ed to provide national leadership on cybersecurity and grid 

10 resilience-related issues. 

11 ‘‘SEC. 1317. INTERAGENCY COORDINATION AND STRATEGIC 

12 PLAN FOR ENERGY SECTOR CYBERSECURITY 

13 RESEARCH. 

14 ‘‘(a) DUTIES.—The Secretary, in coordination with 

15 appropriate Federal agencies and the Energy Sector Gov16 ernment Coordinating Council, shall— 

17 ‘‘(1) review the most recent versions of the 

18 Roadmap to Achieve Energy Delivery Systems Cy19 bersecurity and the Multi-Year Program Plan for 

20 Energy Sector Cybersecurity to identify crosscutting 

21 energy sector cybersecurity research needs and op22 portunities for collaboration among Federal agencies 

23 and other relevant stakeholders; 


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1 ‘‘(2) identify interdisciplinary research, tech2 nology, and tools that can be applied to cybersecu3 rity challenges in the energy sector; 

4 ‘‘(3) identify technology transfer opportunities 

5 to accelerate the development and commercial appli6 cation of novel cybersecurity technologies, systems, 

7 and processes in the energy sector; and 

8 ‘‘(4) develop a coordinated Interagency Stra9 tegic Plan for research to advance cybersecurity ca10 pabilities used in the energy sector that builds on 

11 the Roadmap to Achieve Energy Delivery Systems in 

12 Cybersecurity and the Multi-Year Program Plan for 

13 Energy Sector Cybersecurity. 

14 ‘‘(b) INTERAGENCY STRATEGIC PLAN.— 

15 ‘‘(1) SUBMITTAL.—The Interagency Strategic 

16 Plan developed under subsection (a)(4) shall be sub17 mitted to Congress and made public within 12 

18 months after the date of enactment of this section. 

19 ‘‘(2) CONTENTS.—The Interagency Strategic 

20 Plan shall include— 

21 ‘‘(A) an analysis of how existing cybersecu22 rity research efforts across the Federal Govern23 ment are advancing the goals of the Roadmap 

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1 rity and the Multi-Year Program Plan for En2 ergy Sector Cybersecurity; 

3 ‘‘(B) recommendations for research areas 

4 that may advance the cybersecurity of the en5 ergy sector; 

6 ‘‘(C) an overview of existing and proposed 

7 public and private sector research efforts that 

8 address the topics outlined in paragraph (3); 

9 and 

10 ‘‘(D) an overview of needed support for 

11 workforce training in cybersecurity for the en12 ergy sector. 

13 ‘‘(3) CONSIDERATIONS.—In developing the 

14 Interagency Strategic Plan, the Secretary, in coordi15 nation with appropriate Federal agencies and the 

16 Energy Sector Government Coordinating Council, 

17 shall consider— 

18 ‘‘(A) opportunities for human factors re19 search to improve the design and effectiveness 

20 of cybersecurity devices, technologies, tools, 

21 processes, and training programs; 

22 ‘‘(B) contributions of other disciplines to 

23 the development of innovative cybersecurity pro24 cedures, devices, components, technologies, and 

25 tools; 


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1 ‘‘(C) opportunities for technology transfer 

2 programs to facilitate private sector develop3 ment of cybersecurity procedures, devices, com4 ponents, technologies, and tools for the energy 

5 sector; and 

6 ‘‘(D) broader applications of the work done 

7 by relevant Federal agencies to advance the cy8 bersecurity of information systems and data 

9 analytics systems for the energy sector. 

10 ‘‘(c) PARTICIPATION.—For the purposes of carrying 

11 out this section, the Energy Sector Government Coordi12 nating Council shall include representatives from Federal 

13 agencies with expertise in the energy sector, information 

14 systems, data analytics, cyber and physical systems, engi15 neering, human factors research, human-machine inter16 faces, high performance computing, big data and data 

17 analytics, or other disciplines considered appropriate by 

18 the Council Chair. 

19 ‘‘SEC. 1318. REPORT TO CONGRESS. 

20 ‘‘(a) STUDY.—The Secretary, in collaboration with 

21 appropriate Federal agencies and energy sector stake22 holders, in order to provide recommendations for addi23 tional research, development, demonstration, and commer24 cial application activities, shall— 


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1 ‘‘(1) analyze physical and cyber attacks on in2 frastructure related to energy functions in the en3 ergy sector and identify cost-effective opportunities 

4 to improve physical and cyber security for such in5 frastructure; and 

6 ‘‘(2) examine the risks associated with increas7 ing penetration of digital technologies in grid net8 works, particularly on the distribution grid. 

9 ‘‘(b) CONTENT.—The study shall— 

10 ‘‘(1) analyze processes, operational procedures, 

11 and other factors common among cyber attacks; 

12 ‘‘(2) identify areas where human behavior plays 

13 a critical role in maintaining or compromising the 

14 security of a system; 

15 ‘‘(3) recommend— 

16 ‘‘(A) changes to the design of devices, 

17 human-machine interfaces, technologies, tools, 

18 processes, or procedures to optimize security 

19 that do not require a change in human behav20 ior; and 

21 ‘‘(B) training techniques to increase the 

22 capacity of employees to actively identify, pre23 vent, or neutralize the impact of cyber attacks; 

24 ‘‘(4) evaluate existing engineering and technical 

25 design criteria and guidelines that incorporate 


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1 human factors research findings, and recommend 

2 criteria and guidelines for cybersecurity tools that 

3 can be used to develop display systems for cyberse4 curity monitoring, such as alarms, user-friendly dis5 plays, and layouts; 

6 ‘‘(5) evaluate the cybersecurity risks and bene7 fits of various design and architecture options for 

8 energy sector systems, networked grid systems and 

9 components, and automation systems, including con10 sideration of— 

11 ‘‘(A) designs that include both digital and 

12 analog control devices and technologies; 

13 ‘‘(B) different communication technologies 

14 used to transfer information and data between 

15 control system devices, technologies, and system 

16 operators; 

17 ‘‘(C) automated and human-in-the-loop de18 vices and technologies; 

19 ‘‘(D) programmable versus nonprogram20 mable devices and technologies; 

21 ‘‘(E) increased redundancy using dissimilar 

22 cybersecurity technologies; and 

23 ‘‘(F) grid architectures that use autono24 mous functions to limit control vulnerabilities; 

25 and 


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1 ‘‘(6) recommend methods or metrics to docu2 ment changes in risks associated with system de3 signs and architectures. 

4 ‘‘(c) CONSULTATION.—In conducting the study, the 

5 Secretary shall consult with energy sector stakeholders, 

6 academic researchers, the private sector, and other rel7 evant stakeholders. 

8 ‘‘(d) REPORT.—Not later than 24 months after the 

9 date of enactment of this section, the Secretary shall sub10 mit the study to the Committee on Science, Space, and 

11 Technology of the House of Representatives and the Com12 mittee on Energy and Natural Resources of the Senate. 

13 ‘‘SEC. 1319. DEFINITIONS. 

14 ‘‘For purposes of sections 1312 through 1318: 

15 ‘‘(1) BIG DATA.—The term ‘big data’ means 

16 datasets that require advanced analytical methods 

17 for their transformation into useful information. 

18 ‘‘(2) HISTORICALLY BLACK COLLEGE OR UNI19 VERSITY.—The term ‘historically Black college or 

20 university’ has the meaning given the term ‘part B 

21 institution’ in section 322(2) of the HIgher Edu22 cation Act of 1965 (29 U.S.C. 106(2)). 

23 ‘‘(3) HUMAN FACTORS RESEARCH.—The term 

24 ‘human factors research’ means research on human 

25 performance in social and physical environments, 


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1 and on the integration and interaction of humans 

2 with physical systems and computer hardware and 

3 software. 

4 ‘‘(4) HUMAN-MACHINE INTERFACES.—The term 

5 ‘human-machine interfaces’ means technologies that 

6 present information to an operator or user about the 

7 state of a process or system, or accept human in8 structions to implement an action, including visual9 ization displays such as a graphical user interface. 

10 ‘‘(5) MINORITY-SERVING INSTITUTION.—The 

11 term ‘minority-serving institution’ means an eligible 

12 institution under section 371(a) of the Higher Edu13 cation Act of 1965 (20 U.S.C. 1067q(a)). 

14 ‘‘(6) NATIONAL LABORATORY.—The term ‘na15 tional laboratory’ has the meaning given the term in 

16 section 2 of the Energy Policy Act of 2005 (42 

17 U.S.C. 15801). 

18 ‘‘(7) SECURITY VULNERABILITY.—The term 

19 ‘security vulnerability’ has the meaning given the 

20 term in section 102 of the Cybersecurity Information 

21 Sharing Act of 2015 (6 U.S.C. 1501). 

22 ‘‘(8) TRANSIENT DEVICES.—The term ‘tran23 sient devices’ means removable media, including 

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1 nal hard drives, mobile devices, and other devices 

2 that utilize wireless connections.’’. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out the amend5 ments made by subsection (a)— 

6 (1) $150,000,000 for fiscal year 2021; 

7 (2) $157,500,000 for fiscal year 2022; 

8 (3) $165,375,000 for fiscal year 2023; 

9 (4) $173,645,000 for fiscal year 2024; and 

10 (5) $182,325,000 for fiscal year 2025. 

11 SEC. 5342. CRITICAL INFRASTRUCTURE RESEARCH AND 

12 CONSTRUCTION. 

13 (a) IN GENERAL.—The Secretary of Energy shall 

14 carry out a program of research, development, and dem15 onstration of technologies and tools to help ensure the re16 silience and security of critical infrastructure. 

17 (b) COORDINATION.—In carrying out the program 

18 under subsection (a), the Secretary shall leverage expertise 

19 and resources of and coordinate with— 

20 (1) relevant programs and activities across the 

21 Department of Energy; and 

22 (2) other relevant Federal agencies. 

23 (c) ENERGY SECTOR CRITICAL INFRASTRUCTURE

24 TEST FACILITY.—In carrying out the program under sub25 section (a), the Secretary, in consultation with other apVerDate Sep 11 2014 00:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00635 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.RFS H4447

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1 propriate Federal agencies, shall establish and operate an 

2 Energy Sector Critical Infrastructure Test Facility (re3 ferred to in this section as the ‘‘Test Facility’’) that allows 

4 for scalable physical and cyber performance testing to be 

5 conducted on industry-scale energy sector critical infra6 structure systems. This facility shall include a focus on— 

7 (1) cybersecurity test beds; and 

8 (2) electric grid test beds. 

9 (d) SELECTION.—The Secretary shall select the Test 

10 Facility under this section on a competitive, merit-re11 viewed basis. The Secretary shall consider applications 

12 from National Laboratories, institutions of higher edu13 cation, multi-institutional collaborations, and other appro14 priate entities. 

15 (e) DURATION.—The Test Facility established under 

16 this section shall receive support for a period of not more 

17 than 5 years, subject to the availability of appropriations. 

18 (f) RENEWAL.—Upon the expiration of any period of 

19 support of the Test Facility, the Secretary may renew sup20 port for the Test Facility, on a merit-reviewed basis, for 

21 a period of not more than 5 years. 

22 (g) TERMINATION.—Consistent with the existing au23 thorities of the Department, the Secretary may terminate 

24 the Test Facility for cause during the performance period. 


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1 (h) CRITICAL INFRASTRUCTURE DEFINED.—The 

2 term ‘‘critical infrastructure’’ means infrastructure that 

3 the Secretary determines to be vital to socioeconomic ac4 tivities such that, if destroyed or damaged, such destruc5 tion or damage could cause substantial disruption to such 

6 socioeconomic activities. 

7 (i) CRITICAL INFRASTRUCTURE AND MICROGRID RE8 SEARCH PROGRAM.—The Secretary shall establish a re9 search, development, and demonstration program to im10 prove the energy resilience of critical infrastructure, in11 cluding through the use of microgrids, during extreme 

12 weather events including extreme heat and wildfires. This 

13 program shall focus on developing technologies that— 

14 (1) improve the energy resilience and meet the 

15 power needs of critical infrastructure, including 

16 through the use of microgrids, renewable energy, en17 ergy efficiency, and on-site storage; 

18 (2) improve the energy efficiency of critical in19 frastructure; 

20 (3) decrease the size and cost of on-site backup 

21 generators for critical infrastructure; 

22 (4) provide on-site back-up power with renew23 able and low-carbon liquid fuels; and 

24 (5) ensure the safe power up and power down 

25 of critical infrastructure when necessary, as well as 


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1 the transfer to backup sources of power for uninter2 rupted electricity supply, including the use of 

3 microgrids. 

4 SEC. 5343. CONFORMING AMENDMENT. 

5 Section 1(b) of the Energy Independence and Secu6 rity Act of 2007 is amended in the table of contents by 

7 adding after the matter relating to section 1311 (as added 

8 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.’’. 

9 Subtitle D—Tribal Energy 

10 SEC. 5401. INDIAN ENERGY. 

11 (a) DEFINITION OF INDIAN LAND.—Section 2601(2) 

12 of the Energy Policy Act of 1992 (25 U.S.C. 3501(2)) 

13 is amended— 

14 (1) in subparagraph (B)(iii), by striking ‘‘and’’; 

15 (2) in subparagraph (C), by striking ‘‘land.’’ 

16 and inserting ‘‘land;’’; and 

17 (3) by adding at the end the following subpara18 graphs: 

19 ‘‘(D) any land located in a census tract in 

20 which the majority of residents are Natives (as 


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1 defined in section 3(b) of the Alaska Native 

2 Claims Settlement Act (43 U.S.C. 1602(b))); 

3 and 

4 ‘‘(E) any land located in a census tract in 

5 which the majority of residents are persons who 

6 are enrolled members of a federally recognized 

7 Tribe or village.’’. 

8 (b) REDUCTION OF COST SHARE.—Section 

9 2602(b)(5) of the Energy Policy Act of 1992 (25 U.S.C. 

10 3502(b)(5)) is amended by adding at the end the following 

11 subparagraphs: 

12 ‘‘(D) The Secretary of Energy may reduce any 

13 applicable cost share required of an Indian tribe, 

14 intertribal organization, or tribal energy development 

15 organization in order to receive a grant under this 

16 subsection to not less than 10 percent if the Indian 

17 tribe, intertribal organization, or tribal energy devel18 opment organization meets criteria developed by the 

19 Secretary of Energy, including financial need. 

20 ‘‘(E) Section 988 of the Energy Policy Act of 

21 2005 (42 U.S.C. 16352) shall not apply to assist22 ance provided under this subsection.’’. 

23 (c) AUTHORIZATION.—Section 2602(b)(7) of the En24 ergy Policy Act of 1992 (25 U.S.C. 3502(b)(7)) is amend25 ed by striking ‘‘$20,000,000 for each of fiscal years 2006 


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1 through 2016’’ and inserting ‘‘$30,000,000 for each of fis2 cal years 2021 through 2025’’. 

3 SEC. 5402. REPORT ON ELECTRICITY ACCESS AND RELI4 ABILITY. 

5 (a) ASSESSMENT.—The Secretary of Energy shall 

6 conduct an assessment of the status of access to electricity 

7 by households residing in Tribal communities or on Indian 

8 land, and the reliability of electric service available to 

9 households residing in Tribal communities or on Indian 

10 land, as compared to the status of access to and reliability 

11 of electricity within neighboring States or within the State 

12 in which Indian land is located. 

13 (b) CONSULTATION.—The Secretary of Energy shall 

14 consult with Indian Tribes, Tribal organizations, the 

15 North American Electricity Reliability Corporation, and 

16 the Federal Energy Regulatory Commission in the devel17 opment and conduct of the assessment under subsection 

18 (a). Indian Tribes and Tribal organizations shall have the 

19 opportunity to review and make recommendations regard20 ing the development of the assessment and the findings 

21 of the assessment, prior to the submission of the report 

22 under subsection (c). 

23 (c) REPORT.—Not later than 18 months after the 

24 date of enactment of this Act, the Secretary of Energy 

25 shall submit to the Committee on Energy and Commerce 


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1 of the House of Representatives and the Committee on 

2 Energy and Natural Resources of the Senate a report on 

3 the results of the assessment conducted under subsection 

4 (a), which shall include— 

5 (1) a description of generation, transmission, 

6 and distribution assets available to provide electricity 

7 to households residing in Tribal communities or on 

8 Indian land; 

9 (2) a survey of the retail and wholesale prices 

10 of electricity available to households residing in 

11 Tribal communities or on Indian land; 

12 (3) a description of participation of Tribal 

13 members in the electric utility workforce, including 

14 the workforce for construction and maintenance of 

15 renewable energy resources and distributed energy 

16 resources; 

17 (4) the percentage of households residing in 

18 Tribal communities or on Indian land that do not 

19 have access to electricity; 

20 (5) the potential of distributed energy resources 

21 to provide electricity to households residing in Tribal 

22 communities or on Indian land; 

23 (6) the potential for tribally-owned electric utili24 ties or electric utility assets to participate in or ben25 efit from regional electricity markets; 


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1 (7) a description of the barriers to providing ac2 cess to electric service to households residing in 

3 Tribal communities or on Indian land; and 

4 (8) recommendations to improve access to and 

5 reliability of electric service for households residing 

6 in Tribal communities or on Indian land. 

7 (d) DEFINITIONS.—In this section: 

8 (1) TRIBAL MEMBER.—The term ‘‘Tribal mem9 ber’’ means a person who is an enrolled member of 

10 a federally recognized Tribe or village. 

11 (2) TRIBAL COMMUNITY.—The term ‘‘Tribal 

12 community’’ means a community in a United States 

13 census tract in which the majority of residents are 

14 persons who are enrolled members of a federally rec15 ognized Tribe or village. 

16 Subtitle E—Utility Resilience and 

17 Reliability 

18 SEC. 5501. RELIABILITY OF BULK-POWER SYSTEM IN 

19 CHANGING CONDITIONS. 

20 (a) IN GENERAL.—Not later than 1 year after the 

21 date of enactment of this paragraph, the Electric Reli22 ability Organization shall file with the Federal Energy 

23 Regulatory Commission a proposed reliability standard, 

24 under section 215(d) of the Federal Power Act (16 U.S.C. 


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1 824o(d)), that addresses the reliability of the bulk-power 

2 system and suggestions for how to— 

3 (1) prepare for and adapt to changing condi4 tions; and 

5 (2) withstand and rapidly recover from disrup6 tions, including disruptions caused by extreme 

7 weather conditions. 

8 (b) REGIONAL DIFFERENCES.—The proposed reli9 ability standard filed under subsection (a) shall take into 

10 account regional differences. 

11 (c) DEFINITIONS.—In this section, the terms ‘‘bulk12 power system’’, ‘‘Electric Reliability Organization’’, and 

13 ‘‘reliability standard’’ have the meanings given those 

14 terms in section 215 of the Federal Power Act (16 U.S.C. 

15 824o). 

16 SEC. 5502. ELECTRIC GRID RESILIENCE EDUCATION PRO17 GRAM. 

18 (a) IN GENERAL.—Not later than 1 year after the 

19 date of enactment of this section, the Secretary of Energy 

20 shall establish a program to provide information and rec21 ommendations to States and electric utilities on how to 

22 improve the resilience of electric grids in regards to cli23 mate change and extreme weather events. 

24 (b) ELECTRIC UTILITY DEFINED.—In this section, 

25 the term ‘‘electric utility’’ has the meaning given such 


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1 term in section 3 of the Federal Power Act (16 U.S.C. 

2 796). 

3 SEC. 5503. REPORT ON PLANNED ELECTRIC POWER OUT4 AGES DUE TO EXTREME WEATHER CONDI5 TIONS. 

6 Not later than 1 year after the date of enactment 

7 of this section, the Secretary of Energy shall submit to 

8 Congress a report, and publish such report on the website 

9 of the Department of Energy, that provides recommenda10 tions on how to minimize the need for, effects of, and du11 ration of, planned electric power outages that are due to 

12 extreme weather conditions, including such conditions 

13 under which the National Weather Service issues a red 

14 flag warning. 

15 TITLE VI—TRANSPORTATION 

16 Subtitle A—Diesel Emissions 

17 Reduction 

18 SEC. 6101. REAUTHORIZATION OF DIESEL EMISSIONS RE19 DUCTION PROGRAM. 

20 Section 797(a) of the Energy Policy Act of 2005 (42 

21 U.S.C. 16137(a)) is amended by striking ‘‘$100,000,000 

22 for each of fiscal years 2012 through 2016’’ and inserting 

23 ‘‘$500,000,000 for each of fiscal years 2021 through 

24 2025’’. 


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1 Subtitle B—Clean School Bus 

2 Program 

3 SEC. 6201. REAUTHORIZATION OF CLEAN SCHOOL BUS PRO4 GRAM. 

5 (a) DEFINITIONS.— 

6 (1) ALTERNATIVE FUEL.—Section 741(a)(2) of 

7 the Energy Policy Act of 2005 (42 U.S.C. 16091(a)) 

8 is amended— 

9 (A) in subparagraph (B), by striking ‘‘or’’ 

10 after the semicolon; 

11 (B) in subparagraph (C), by striking the 

12 period at the end and inserting ‘‘; or’’; and 

13 (C) by adding at the end the following new 

14 subparagraph: 

15 ‘‘(D) electricity.’’. 

16 (2) CLEAN SCHOOL BUS.—Paragraph (3) of 

17 section 741(a) of the Energy Policy Act of 2005 (42 

18 U.S.C. 16091(a)) is amended to read as follows: 

19 ‘‘(3) CLEAN SCHOOL BUS.—The term ‘clean 

20 school bus’ means— 

21 ‘‘(A) a school bus (as the term ‘schoolbus’ 

22 is defined in section 30125(a) of title 49, 

23 United States Code) that— 

24 ‘‘(i) is operated solely on an alter25 native fuel; and 


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1 ‘‘(ii) meets or exceeds Federal vehicle 

2 emission standards for medium-duty pas3 senger vehicles applicable to the model 

4 year in which the school bus is manufac5 tured; or 

6 ‘‘(B) a zero-emission school bus.’’. 

7 (3) OTHER DEFINITIONS.—Section 741(a) of 

8 the Energy Policy Act of 2005 (42 U.S.C. 

9 16091(a)), as amended, is further amended— 

10 (A) by redesignating paragraphs (4), (5), 

11 and (6) as paragraphs (5), (9), and (10), re12 spectively; 

13 (B) by inserting after paragraph (3) the 

14 following: 

15 ‘‘(4) COMMUNITY OF COLOR.—The term ‘com16 munity of color’ means any geographically distinct 

17 area the population of color of which is higher than 

18 the average population of color of the State in which 

19 the community is located.’’; 

20 (C) by inserting after paragraph (5), as re21 designated, the following: 

22 ‘‘(6) INDIGENOUS COMMUNITY.—The term ‘in23 digenous community’ means— 

24 ‘‘(A) a federally recognized Indian Tribe; 

25 ‘‘(B) a State-recognized Indian Tribe; 


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1 ‘‘(C) an Alaska Native or Native Hawaiian 

2 community or organization; and 

3 ‘‘(D) any other community of indigenous 

4 people, including communities in other coun5 tries. 

6 ‘‘(7) LOW INCOME.—The term ‘low income’ 

7 means an annual household income equal to, or less 

8 than, the greater of— 

9 ‘‘(A) an amount equal to 80 percent of the 

10 median income of the area in which the house11 hold is located, as reported by the Department 

12 of Housing and Urban Development; and 

13 ‘‘(B) 200 percent of the Federal poverty 

14 line. 

15 ‘‘(8) LOW-INCOME COMMUNITY.—The term 

16 ‘low-income community’ means any census block 

17 group in which 30 percent or more of the population 

18 are individuals with low income.’’; and 

19 (D) by adding at the end the following: 

20 ‘‘(11) ZERO-EMISSION SCHOOL BUS.—The term 

21 ‘zero-emission school bus’ means a school bus (as 

22 the term ‘schoolbus’ is defined in section 30125(a) 

23 of title 49, United States Code) with a drivetrain 

24 that produces, under any possible operational mode 

25 or condition, zero exhaust emission of— 


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1 ‘‘(A) any air pollutant that is listed pursu2 ant to section 108(a) of the Clean Air Act (42 

3 U.S.C. 7407(a)) (or any precursor to such an 

4 air pollutant); or 

5 ‘‘(B) any greenhouse gas.’’. 

6 (b) PROGRAM FOR RETROFIT OR REPLACEMENT OF

7 CERTAIN EXISTING SCHOOL BUSES WITH CLEAN

8 SCHOOL BUSES.— 

9 (1) NATIONAL GRANT, REBATE, AND LOAN PRO10 GRAMS.— 

11 (A) IN GENERAL.—Section 741(b)(1)(A) of 

12 the Energy Policy Act of 2005 (42 U.S.C. 

13 16091(b)(1)(A)) is amended by inserting after 

14 ‘‘awarding grants’’ the following: ‘‘, rebates, 

15 and low-cost revolving loans, as determined by 

16 the Administrator, including through contracts 

17 pursuant to subsection (d),’’. 

18 (B) CONFORMING CHANGES.—Section 741 

19 of the Energy Policy Act of 2005 (42 U.S.C. 

20 16091) is amended— 

21 (i) in subsection (a)(4)(B), by striking 

22 ‘‘grant funds’’ and inserting ‘‘award 

23 funds’’; 


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1 (ii) in subsection (b)(1)(B), by strik2 ing ‘‘awarding grants’’ each place it ap3 pears and inserting ‘‘making awards’’; 

4 (iii) in the heading of subsection 

5 (b)(2), by striking ‘‘GRANT APPLICATIONS’’ 

6 and inserting ‘‘AWARD APPLICATIONS’’; 

7 (iv) in subsection (b)(2)(A), by strik8 ing ‘‘grant applications’’ and inserting 

9 ‘‘award applications’’; 

10 (v) in subsection (b)(3)(A), by strik11 ing ‘‘grant’’ and insert ‘‘award’’; 

12 (vi) and (b)(4)— 

13 (I) in the paragraph heading, by 

14 striking ‘‘GRANTS’’ and inserting 

15 ‘‘AWARDS’’; and 

16 (II) by striking ‘‘award grants’’ 

17 and inserting ‘‘make awards’’; 

18 (vii) in subsection (b)(7)— 

19 (I) by striking ‘‘grant awards’’ 

20 and inserting ‘‘awards’’; and 

21 (II) by striking ‘‘grant funding’’ 

22 and inserting ‘‘funding’’; 

23 (viii) in subsection (b)(8)(A)(ii)— 

24 (I) in subclauses (I) and (II), by 

25 striking ‘‘grant applications’’ each 


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1 place it appears and inserting ‘‘award 

2 applications’’; and 

3 (II) in subclause (III)— 

4 (aa) by striking ‘‘grants 

5 awarded’’ and inserting ‘‘awards 

6 made’’; and 

7 (bb) by striking ‘‘grant re8 cipients’’ and inserting ‘‘award 

9 recipients’’; and 

10 (ix) in subsection (c)(3)— 

11 (I) in subparagraph (A)— 

12 (aa) by striking ‘‘grant re13 cipients’’ and inserting ‘‘award 

14 recipients’’; and 

15 (bb) by striking ‘‘grants’’ 

16 and inserting ‘‘awards’’; and 

17 (II) in subparagraph (C), by 

18 striking ‘‘grant program’’ and insert19 ing ‘‘award program’’. 

20 (2) PRIORITY OF AWARD APPLICATIONS.—Sec21 tion 741(b)(2) of the Energy Policy Act of 2005 (42 

22 U.S.C. 16091(b)(2)) is amended— 

23 (A) in subparagraph (A)— 

24 (i) by striking ‘‘1977’’ and inserting 

25 ‘‘2007’’; and 


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1 (ii) by inserting before the period at 

2 the end ‘‘with clean school buses’’; and 

3 (B) by amending subparagraph (B) to read 

4 as follows: 

5 ‘‘(B) RETROFITTING.—In the case of 

6 award applications to retrofit school buses, the 

7 Administrator shall give highest priority to ap8 plicants that propose to retrofit school buses 

9 manufactured before model year 2010 to be10 come clean school buses.’’. 

11 (3) USE OF SCHOOL BUS FLEET.—Section 

12 741(b)(3)(B) of the Energy Policy Act of 2005 (42 

13 U.S.C. 16091(b)(3)(B)) is amended by inserting 

14 ‘‘charged,’’ after ‘‘operated,’’. 

15 (4) REPLACEMENT AWARDS.—Paragraph (5) of 

16 section 741(b) of the Energy Policy Act of 2005 (42 

17 U.S.C. 16091(b)) is amended to read as follows: 

18 ‘‘(5) REPLACEMENT AWARDS.—In the case of 

19 awards to replace school buses— 

20 ‘‘(A) the Administrator may make awards 

21 for up to— 

22 ‘‘(i) 100 percent of the replacement 

23 costs for clean school buses that are zero24 emission school buses; and 


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1 ‘‘(ii) 60 percent of the replacement 

2 costs for other eligible clean school buses; 

3 and 

4 ‘‘(B) such replacement costs may include 

5 the costs of acquiring the clean school buses 

6 and charging and fueling infrastructure.’’. 

7 (5) ULTRA LOW-SULFUR DIESEL FUEL.—Sec8 tion 741(b) of the Energy Policy Act of 2005 (42 

9 U.S.C. 16091(b)) is amended— 

10 (A) by striking paragraph (6); and 

11 (B) by redesignating paragraph (7) as 

12 paragraph (6). 

13 (6) SCRAPPAGE.—Section 741(b) of the Energy 

14 Policy Act of 2005 (42 U.S.C. 16091(b)) is further 

15 amended by inserting after paragraph (6), as redes16 ignated, the following new paragraph: 

17 ‘‘(7) SCRAPPAGE.—In the case of an award 

18 under this section for the replacement of a school 

19 bus or a retrofit including installation of a new en20 gine, the Administrator shall require the recipient of 

21 the award to verify that the replaced bus, or the en22 gine of a retrofitted bus that was removed, was re23 turned to the supplier for remanufacturing to a 

24 more stringent set of engine emissions standards or 

25 for scrappage.’’. 


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1 (c) EDUCATION.—Paragraph (1) of section 741(c) of 

2 the Energy Policy Act of 2005 (42 U.S.C. 16091(c)) is 

3 amended to read as follows: 

4 ‘‘(1) IN GENERAL.—Not later than 90 days 

5 after the date of enactment of the Clean Economy 

6 Jobs and Innovation Act, the Administrator shall de7 velop an education outreach program to promote and 

8 explain the award program under subsection (b).’’. 

9 (d) CONTRACT PROGRAMS; ADMINISTRATIVE

10 COSTS.—Section 741 of the Energy Policy Act of 2005 

11 (42 U.S.C. 16091) is amended— 

12 (1) by redesignating subsection (d) as sub13 section (f); and 

14 (2) by inserting after subsection (c) the fol15 lowing new subsections: 

16 ‘‘(d) CONTRACT PROGRAMS.— 

17 ‘‘(1) AUTHORITY.—In addition to the use of 

18 contracting authority otherwise available to the Ad19 ministrator, the Administrator may enter into con20 tracts with eligible contractors described in para21 graph (2) for awarding rebates and low-cost revolv22 ing loans pursuant to subsection (b)(1). 

23 ‘‘(2) ELIGIBLE CONTRACTORS.—A contractor is 

24 an eligible contractor described in this paragraph if 


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1 the contractor is a for-profit, not-for-profit, or non2 profit entity that has the capacity— 

3 ‘‘(A) to sell clean school buses or equip4 ment to, or to arrange financing for, individuals 

5 or entities that own a school bus or fleet of 

6 school buses; or 

7 ‘‘(B) to upgrade school buses or their 

8 equipment with verified or Environmental Pro9 tection Agency-certified engines or technologies, 

10 or to arrange financing for such upgrades. 

11 ‘‘(e) ADMINISTRATIVE COSTS.—The Administrator 

12 may not use, for the administrative costs of carrying out 

13 this section, more than one percent of the amounts made 

14 available to carry out this section for any fiscal year.’’. 

15 (e) AUTHORIZATION OF APPROPRIATIONS.—Sub16 section (f), as redesignated, of section 741 of the Energy 

17 Policy Act of 2005 (42 U.S.C. 16091) is amended to read 

18 as follows: 

19 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

20 is authorized to be appropriated to the Administrator to 

21 carry out this section, to remain available until expended, 

22 $130,000,000 for each of fiscal years 2021 through 2025, 

23 of which— 

24 ‘‘(1) not less than $100,000,000 for each such 

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1 tion to eligible recipients proposing to replace school 

2 buses with zero-emission school buses; and 

3 ‘‘(2) not less than $52,000,000 for each such 

4 fiscal year shall be used for awards under this sec5 tion to eligible recipients proposing to replace or ret6 rofit school buses to serve a community of color, in7 digenous community, low-income community, or any 

8 community located in an air quality area designated 

9 pursuant to section 107 of the Clean Air Act (42 

10 U.S.C. 7407) as nonattainment.’’. 

11 (f) TECHNICAL AMENDMENT TO STRIKE REDUN12 DANT AUTHORIZATION.—The Safe, Accountable, Flexible, 

13 Efficient Transportation Equity Act: A Legacy for Users 

14 (commonly referred to as ‘‘SAFETEA–LU’’) is amended 

15 by striking section 6015 (42 U.S.C. 16091a). 

16 Subtitle C—Clean Cities Coalition 

17 Program 

18 SEC. 6301. CLEAN CITIES COALITION PROGRAM. 

19 (a) IN GENERAL.—The Secretary shall carry out a 

20 program to be known as the Clean Cities Coalition Pro21 gram. 

22 (b) PROGRAM ELEMENTS.—In carrying out the pro23 gram under subsection (a), the Secretary shall— 

24 (1) establish criteria for designating local and 

25 regional Clean Cities Coalitions; 


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1 (2) designate local and regional Clean Cities 

2 Coalitions that the Secretary determines meet the 

3 criteria established under paragraph (1); 

4 (3) make awards to each designated Clean Cit5 ies Coalition for administrative and program ex6 penses of the coalition; 

7 (4) make competitive awards to designated 

8 Clean Cities Coalitions for projects and activities de9 scribed in subsection (c); 

10 (5) provide technical assistance and training to 

11 designated Clean Cities Coalitions; 

12 (6) provide opportunities for communication 

13 and sharing of best practices among designated 

14 Clean Cities Coalitions; and 

15 (7) maintain, and make available to the public, 

16 a centralized database of information included in the 

17 reports submitted under subsection (d). 

18 (c) PROJECTS AND ACTIVITIES.—Projects and activi19 ties eligible for awards under subsection (b)(4) are 

20 projects and activities that reduce petroleum consumption, 

21 improve air quality, promote energy and economic secu22 rity, and encourage deployment of a diverse, domestic sup23 ply of alternative fuels in the transportation sector by— 


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1 (1) encouraging the purchase and use of alter2 native fuel vehicles and alternative fuels, including 

3 by fleet managers; 

4 (2) expediting the establishment of local, re5 gional, and national infrastructure to fuel alternative 

6 fuel vehicles; 

7 (3) advancing the use of other petroleum fuel 

8 reduction technologies and strategies; 

9 (4) conducting outreach and education activities 

10 to advance the use of alternative fuels and alter11 native fuel vehicles; 

12 (5) providing training and technical assistance 

13 and tools to users that adopt petroleum fuel reduc14 tion technologies; or 

15 (6) collaborating with and training officials and 

16 first responders with responsibility for permitting 

17 and enforcing fire, building, and other safety codes 

18 related to the deployment and use of alternative 

19 fuels or alternative fuel vehicles. 

20 (d) ANNUAL REPORT.—Each designated Clean Cities 

21 Coalition shall submit an annual report to the Secretary 

22 on the activities and accomplishments of the coalition. 

23 (e) DEFINITIONS.—In this section: 


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1 (1) ALTERNATIVE FUEL.—The term ‘‘alter2 native fuel’’ has the meaning given such term in sec3 tion 32901 of title 49, United States Code. 

4 (2) ALTERNATIVE FUEL VEHICLE.—The term 

5 ‘‘alternative fuel vehicle’’ means any vehicle that is 

6 capable of operating, partially or exclusively, on an 

7 alternative fuel. 

8 (3) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of Energy. 

10 (f) FUNDING.— 

11 (1) AUTHORIZATION OF APPROPRIATIONS.— 

12 There are authorized to be appropriated to carry out 

13 this section— 

14 (A) $50,000,000 for fiscal year 2021; 

15 (B) $60,000,000 for fiscal year 2022; 

16 (C) $75,000,000 for fiscal year 2023; 

17 (D) $90,000,000 for fiscal year 2024; and 

18 (E) $100,000,000 for fiscal year 2025. 

19 (2) ALLOCATIONS.—The Secretary shall allo20 cate funds made available to carry out this section 

21 in each fiscal year as follows: 

22 (A) Thirty percent of such funds shall be 

23 distributed as awards under subsection (b)(3). 


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1 (B) Fifty percent of such funds shall be 

2 distributed as competitive awards under sub3 section (b)(4). 

4 (C) Twenty percent of such funds shall be 

5 used to carry out the duties of the Secretary 

6 under this section. 

7 Subtitle D—Renewable Fuel 

8 Standard Integrity 

9 SEC. 6401. ANNUAL DEADLINE FOR PETITIONS BY SMALL 

10 REFINERIES FOR EXEMPTIONS FROM RE11 NEWABLE FUEL REQUIREMENTS. 

12 (a) DEADLINE.—Notwithstanding any other provi13 sion of law, petitions under section 211(o)(9) of the Clean 

14 Air Act (42 U.S.C. 7545(o)(9)) for an exemption from the 

15 requirements of section 211(o)(2) of such Act (42 U.S.C. 

16 7545(o)(2)) shall be submitted to the Administrator of the 

17 Environmental Protection Agency by June 1 of the year 

18 preceding the year when such requirements would other19 wise be in effect. 

20 (b) EFFECT OF FAILURE TO MEET DEADLINE.—If 

21 a petition described in subsection (a) is not submitted by 

22 the deadline specified in such subsection, the petition shall 

23 be ineligible for consideration or approval. 


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1 SEC. 6402. INFORMATION IN PETITION SUBJECT TO PUBLIC 

2 DISCLOSURE. 

3 (a) IN GENERAL.—The information described in sub4 section (b) in any submission to the Environmental Pro5 tection Agency by any person, including a small refinery, 

6 with respect to a petition under section 211(o)(9)(B) of 

7 the Clean Air Act (42 U.S.C. 7545(o)(9)(B))— 

8 (1) shall not be deemed to be a trade secret or 

9 confidential information; and 

10 (2) shall be subject to public disclosure under 

11 section 552 of title 5, United States Code. 

12 (b) DESCRIBED INFORMATION.—The information de13 scribed in this subsection is— 

14 (1) the name of the small refinery requesting 

15 an extension of an exemption; 

16 (2) the number of gallons of renewable fuel that 

17 will not be contained in fuel pursuant to section 

18 211(o)(2) of the Clean Air Act (42 U.S.C. 

19 7545(o)(2)) as a result of the extension if the exten20 sion is granted; and 

21 (3) the compliance year for which the extension 

22 is requested. 

23 (c) APPLICABILITY.—Subsection (a) applies only with 

24 respect to information submitted with respect to a petition 

25 under section 211(o)(9)(B) of the Clean Air Act (42 


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1 U.S.C. 7545(o)(9)(B)) for calendar year 2021 or a subse2 quent calendar year. 

3 Subtitle E—EV Infrastructure 

4 SEC. 6501. DEFINITIONS. 

5 In this subtitle: 

6 (1) ELECTRIC VEHICLE SUPPLY EQUIPMENT.— 

7 The term ‘‘electric vehicle supply equipment’’ means 

8 any conductors, including ungrounded, grounded, 

9 and equipment grounding conductors, electric vehicle 

10 connectors, attachment plugs, and all other fittings, 

11 devices, power outlets, or apparatuses installed spe12 cifically for the purpose of delivering energy to an 

13 electric vehicle. 

14 (2) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Energy. 

16 (3) UNDERSERVED OR DISADVANTAGED COM17 MUNITY.—The term ‘‘underserved or disadvantaged 

18 community’’ means— 

19 (A) a community located in a ZIP code 

20 that includes a census tract that is identified 

21 as— 

22 (i) a low-income community; or 

23 (ii) a community of color; 

24 (B) a community in which climate change, 

25 pollution, or environmental destruction have exVerDate Sep 11 2014 00:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00661 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.RFS H4447

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1 acerbated systemic racial, regional, social, envi2 ronmental, and economic injustices by dis3 proportionately affecting indigenous peoples, 

4 communities of color, migrant communities, 

5 deindustrialized communities, depopulated rural 

6 communities, the poor, low-income workers, 

7 women, the elderly, the unhoused, people with 

8 disabilities, or youth; or 

9 (C) any other community that the Sec10 retary determines is disproportionately vulner11 able to, or bears a disproportionate burden of, 

12 any combination of economic, social, and envi13 ronmental stressors. 

14 SEC. 6502. ELECTRIC VEHICLE SUPPLY EQUIPMENT RE15 BATE PROGRAM. 

16 (a) REBATE PROGRAM.—Not later than January 1, 

17 2022, the Secretary shall establish a rebate program to 

18 provide rebates for covered expenses associated with pub19 licly accessible electric vehicle supply equipment (in this 

20 section referred to as the ‘‘rebate program’’). 

21 (b) REBATE PROGRAM REQUIREMENTS.— 

22 (1) ELIGIBLE ENTITIES.—A rebate under the 

23 rebate program may be made to an individual, a 

24 State, local, Tribal, or Territorial government, a priVerDate Sep 11 2014 00:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00662 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.RFS H4447

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1 vate entity, a not-for-profit entity, a nonprofit entity, 

2 or a metropolitan planning organization. 

3 (2) ELIGIBLE EQUIPMENT.— 

4 (A) IN GENERAL.—Not later than 180 

5 days after the date of the enactment of this 

6 Act, the Secretary shall publish and maintain 

7 on the Department of Energy internet website 

8 a list of electric vehicle supply equipment that 

9 is eligible for the rebate program. 

10 (B) UPDATES.—The Secretary may, by 

11 regulation, add to, or otherwise revise, the list 

12 of electric vehicle supply equipment under sub13 paragraph (A) if the Secretary determines that 

14 such addition or revision will likely lead to— 

15 (i) greater usage of electric vehicle 

16 supply equipment; 

17 (ii) greater access to electric vehicle 

18 supply equipment by users; or 

19 (iii) an improved experience for users 

20 of electric vehicle supply equipment, in21 cluding accessibility in compliance with the 

22 Americans with Disabilities Act of 1990 

23 (42 U.S.C. 12101 et seq.). 

24 (C) LOCATION REQUIREMENT.—To be eli25 gible for the rebate program, the electric vehicle 


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1 supply equipment described in subparagraph 

2 (A) shall be installed— 

3 (i) in the United States; 

4 (ii) on property— 

5 (I) owned by the eligible entity 

6 under paragraph (1); or 

7 (II) on which the eligible entity 

8 under paragraph (1) has authority to 

9 install electric vehicle supply equip10 ment; and 

11 (iii) at a location that is— 

12 (I) a multi-unit housing struc13 ture; 

14 (II) a workplace; 

15 (III) a commercial location; or 

16 (IV) open to the public for a 

17 minimum of 12 hours per day; 

18 (3) APPLICATION.— 

19 (A) IN GENERAL.—An eligible entity under 

20 paragraph (1) may submit to the Secretary an 

21 application for a rebate under the rebate pro22 gram. Such application shall include— 

23 (i) the estimated cost of covered ex24 penses to be expended on the electric vehiVerDate Sep 11 2014 00:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00664 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.RFS H4447

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1 cle supply equipment that is eligible under 

2 paragraph (2); 

3 (ii) the estimated installation cost of 

4 the electric vehicle supply equipment that 

5 is eligible under paragraph (2); 

6 (iii) the global positioning system lo7 cation, including the integer number of de8 grees, minutes, and seconds, where such 

9 electric vehicle supply equipment is to be 

10 installed, and identification of whether 

11 such location is— 

12 (I) a multi-unit housing struc13 ture; 

14 (II) a workplace; 

15 (III) a commercial location; or 

16 (IV) open to the public for a 

17 minimum of 12 hours per day; 

18 (iv) the technical specifications of 

19 such electric vehicle supply equipment, in20 cluding the maximum power voltage and 

21 amperage of such equipment; 

22 (v) an identification of any existing 

23 electric vehicle supply equipment that— 

24 (I) is available to the public for a 

25 minimum of 12 hours per day; and 


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1 (II) is not further than 50 miles 

2 from the global positioning system lo3 cation identified under clause (iii); 

4 and 

5 (vi) any other information determined 

6 by the Secretary to be necessary for a com7 plete application. 

8 (B) REVIEW PROCESS.—The Secretary 

9 shall review an application for a rebate under 

10 the rebate program and approve an eligible en11 tity under paragraph (1) to receive such rebate 

12 if the application meets the requirements of the 

13 rebate program under this subsection. 

14 (C) NOTIFICATION TO ELIGIBLE ENTITY.— 

15 Not later than 1 year after the date on which 

16 the eligible entity under paragraph (1) applies 

17 for a rebate under the rebate program, the Sec18 retary shall notify the eligible entity whether 

19 the eligible entity will be awarded a rebate 

20 under the rebate program following the submis21 sion of additional materials required under 

22 paragraph (5). 

23 (4) REBATE AMOUNT.— 

24 (A) IN GENERAL.—Except as provided in 

25 subparagraph (B), the amount of a rebate made 


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1 under the rebate program for each charging 

2 unit shall be the lesser of— 

3 (i) 75 percent of the applicable cov4 ered expenses; 

5 (ii) $2,000 for covered expenses asso6 ciated with the purchase and installation of 

7 non-networked level 2 charging equipment; 

8 (iii) $4,000 for covered expenses asso9 ciated with the purchase and installation of 

10 networked level 2 charging equipment; or 

11 (iv) $100,000 for covered expenses as12 sociated with the purchase and installation 

13 of networked direct current fast charging 

14 equipment. 

15 (B) REBATE AMOUNT FOR REPLACEMENT

16 EQUIPMENT.—A rebate made under the rebate 

17 program for replacement of pre-existing electric 

18 vehicle supply equipment at a single location 

19 shall be the lesser of— 

20 (i) 75 percent of the applicable cov21 ered expenses; 

22 (ii) $1,000 for covered expenses asso23 ciated with the purchase and installation of 

24 non-networked level 2 charging equipment; 


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1 (iii) $2,000 for covered expenses asso2 ciated with the purchase and installation of 

3 networked level 2 charging equipment; or 

4 (iv) $25,000 for covered expenses as5 sociated with the purchase and installation 

6 of networked direct current fast charging 

7 equipment. 

8 (5) DISBURSEMENT OF REBATE.— 

9 (A) IN GENERAL.—The Secretary shall 

10 disburse a rebate under the rebate program to 

11 an eligible entity under paragraph (1), following 

12 approval of an application under paragraph (3), 

13 if such entity submits the materials required 

14 under subparagraph (B). 

15 (B) MATERIALS REQUIRED FOR DISBURSE16 MENT OF REBATE.—Not later than one year 

17 after the date on which the eligible entity under 

18 paragraph (1) receives notice under paragraph 

19 (3)(C) that the eligible entity has been ap20 proved for a rebate, such eligible entity shall 

21 submit to the Secretary the following— 

22 (i) a record of payment for covered 

23 expenses expended on the installation of 

24 the electric vehicle supply equipment that 

25 is eligible under paragraph (2); 


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1 (ii) a record of payment for the elec2 tric vehicle supply equipment that is eligi3 ble under paragraph (2); 

4 (iii) the global positioning system lo5 cation of where such electric vehicle supply 

6 equipment was installed and identification 

7 of whether such location is— 

8 (I) a multi-unit housing struc9 ture; 

10 (II) a workplace; 

11 (III) a commercial location; or 

12 (IV) open to the public for a 

13 minimum of 12 hours per day; 

14 (iv) the technical specifications of the 

15 electric vehicle supply equipment that is el16 igible under paragraph (2), including the 

17 maximum power voltage and amperage of 

18 such equipment; and 

19 (v) any other information determined 

20 by the Secretary to be necessary. 

21 (C) AGREEMENT TO MAINTAIN.—To be eli22 gible for a rebate under the rebate program, an 

23 eligible entity under paragraph (1) shall enter 

24 into an agreement with the Secretary to main25 tain the electric vehicle supply equipment that 


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1 is eligible under paragraph (2) in a satisfactory 

2 manner for not less than 5 years after the date 

3 on which the eligible entity under paragraph (1) 

4 receives the rebate under the rebate program. 

5 (D) EXCEPTION.—The Secretary shall not 

6 disburse a rebate under the rebate program if 

7 materials submitted under subparagraph (B) do 

8 not meet the same global positioning system lo9 cation and technical specifications for the elec10 tric vehicle supply equipment that is eligible 

11 under paragraph (2) provided in an application 

12 under paragraph (3). 

13 (6) MULTI-PORT CHARGERS.—An eligible entity 

14 under paragraph (1) shall be awarded a rebate 

15 under the rebate program for covered expenses relat16 ing to the purchase and installation of a multi-port 

17 charger based on the number of publicly accessible 

18 charging ports, with each subsequent port after the 

19 first port being eligible for 50 percent of the full re20 bate amount. 

21 (7) NETWORKED DIRECT CURRENT FAST

22 CHARGING.—Of amounts appropriated to carry out 

23 the rebate program, not more than 40 percent may 

24 be used for rebates of networked direct current fast 

25 charging equipment. 


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1 (8) HYDROGEN FUEL CELL REFUELING INFRA2 STRUCTURE.—Hydrogen refueling equipment shall 

3 be eligible for a rebate under the rebate program as 

4 though it were networked direct current fast charg5 ing equipment. All requirements related to public ac6 cessibility of installed locations shall apply. 

7 (9) REPORT.—Not later than 3 years after the 

8 first date on which the Secretary awards a rebate 

9 under the rebate program, the Secretary shall sub10 mit to the Committee on Energy and Commerce of 

11 the House of Representatives and the Committee on 

12 Energy and Natural Resources of the Senate a re13 port of the number of rebates awarded for electric 

14 vehicle supply equipment and hydrogen fuel cell re15 fueling equipment in each of the location categories 

16 described in paragraph (2)(C)(iii). 

17 (c) DEFINITIONS.—In this section: 

18 (1) COVERED EXPENSES.—The term ‘‘covered 

19 expenses’’ means an expense that is associated with 

20 the purchase and installation of electric vehicle sup21 ply equipment, including— 

22 (A) the cost of electric vehicle supply 

23 equipment; 

24 (B) labor costs associated with the installa25 tion of such electric vehicle supply equipment, 


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1 only if wages for such labor are paid at rates 

2 not less than those prevailing on similar labor 

3 in the locality of installation, as determined by 

4 the Secretary of Labor under subchapter IV of 

5 chapter 31 of title 40, United States Code 

6 (commonly referred to as the ‘‘Davis-Bacon 

7 Act’’); 

8 (C) material costs associated with the in9 stallation of such electric vehicle supply equip10 ment, including expenses involving electrical 

11 equipment and necessary upgrades or modifica12 tions to the electrical grid and associated infra13 structure required for the installation of such 

14 electric vehicle supply equipment; 

15 (D) permit costs associated with the instal16 lation of such electric vehicle supply equipment; 

17 and 

18 (E) the cost of an on-site energy storage 

19 system. 

20 (2) ELECTRIC VEHICLE.—The term ‘‘electric 

21 vehicle’’ means a vehicle that derives all or part of 

22 its power from electricity. 

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1 ment capable of charging more than one electric ve2 hicle. 

3 (4) LEVEL 2 CHARGING EQUIPMENT.—The 

4 term ‘‘level 2 charging equipment’’ means electric 

5 vehicle supply equipment that provides an alter6 nating current power source at a minimum of 208 

7 volts. 

8 (5) NETWORKED DIRECT CURRENT FAST

9 CHARGING EQUIPMENT.—The term ‘‘networked di10 rect current fast charging equipment’’ means electric 

11 vehicle supply equipment that provides a direct cur12 rent power source at a minimum of 50 kilowatts and 

13 is enabled to connect to a network to facilitate data 

14 collection and access. 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $100,000,000 for each of fiscal years 2021 through 2025. 

18 SEC. 6503. EXPANDING ACCESS TO ELECTRIC VEHICLES IN 

19 UNDERSERVED COMMUNITIES. 

20 (a) ASSESSMENT.— 

21 (1) IN GENERAL.— 

22 (A) ASSESSMENT.—The Secretary shall 

23 conduct an assessment of the state of, chal24 lenges to, and opportunities for the deployment 

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1 derserved or disadvantaged communities located 

2 in major urban areas and rural areas through3 out the United States. 

4 (B) REPORT.—Not later than 1 year after 

5 the date of the enactment of this Act, the Sec6 retary shall submit to the Committee on Energy 

7 and Commerce of the House of Representatives 

8 and the Committee on Energy and Natural Re9 sources of the Senate a report on the results of 

10 the assessment conducted under subparagraph 

11 (A), which shall— 

12 (i) describe the state of deployment of 

13 electric vehicle charging infrastructure in 

14 underserved or disadvantaged communities 

15 located in major urban areas and rural 

16 areas by providing— 

17 (I) the number of existing and 

18 planned Level 2 charging stations and 

19 DC FAST charging stations per cap20 ita in each State for charging individ21 ually owned light-duty and medium22 duty electric vehicles; 

23 (II) the number of existing and 

24 planned Level 2 charging stations and 

25 DC FAST charging stations for 


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1 charging public and private fleet elec2 tric vehicles and medium- and heavy3 duty electric equipment and electric 

4 vehicles; 

5 (III) the number of Level 2 

6 charging stations and DC FAST 

7 charging stations installed in or avail8 able to occupants of publicly owned 

9 and privately owned multi-unit dwell10 ings; 

11 (IV) information pertaining to 

12 policies, plans, and programs that cit13 ies, States, utilities, and private enti14 ties are using to encourage greater de15 ployment and usage of electric vehi16 cles and the associated electric vehicle 

17 charging infrastructure, including pro18 grams to encourage deployment of 

19 charging stations available to resi20 dents in publicly owned and privately 

21 owned multi-unit dwellings; 

22 (V) information pertaining to 

23 ownership models for Level 2 charging 

24 stations and DC FAST charging sta25 tions located in publicly owned and 


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1 privately owned residential multi-unit 

2 dwellings, commercial buildings, pub3 lic and private parking areas, and 

4 curb-side locations; and 

5 (VI) information pertaining to 

6 how charging stations are financed 

7 and the rates charged for the use of 

8 Level 2 charging stations and DC 

9 FAST charging stations; 

10 (ii) describe the methodology used to 

11 obtain the information provided in the re12 port; 

13 (iii) identify the barriers to expanding 

14 deployment of electric vehicle charging in15 frastructure in underserved or disadvan16 taged communities in major urban areas 

17 and rural areas, including any challenges 

18 relating to such deployment in multi-unit 

19 dwellings; 

20 (iv) compile and provide an analysis of 

21 the best practices and policies used by 

22 State and local governments and private 

23 entities to increase deployment of electric 

24 vehicle charging infrastructure in under25 served or disadvantaged communities in 


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1 major urban areas and rural areas, includ2 ing best practices with respect to— 

3 (I) public outreach and engage4 ment; and 

5 (II) increasing deployment of 

6 electric vehicle charging infrastructure 

7 in publicly owned and privately owned 

8 multi-unit dwellings; 

9 (v) enumerate and identify the num10 ber of electric vehicle charging stations per 

11 capita at locations within each major 

12 urban area and rural area throughout the 

13 United States with detail at the level of 

14 ZIP Codes and census tracts; and 

15 (vi) identify the potential for, and ob16 stacles to, recruiting and entering into con17 tracts with locally-owned small and dis18 advantaged businesses, including women19 and minority-owned businesses, to deploy 

20 electric vehicle charging infrastructure in 

21 underserved or disadvantaged communities 

22 in major urban areas and rural areas. 

23 (2) FIVE-YEAR UPDATE ASSESSMENT.—Not 

24 later than 5 years after the date of the enactment 

25 of this Act, the Secretary shall— 


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1 (A) update the assessment conducted 

2 under paragraph (1)(A); and 

3 (B) make public and submit to the Com4 mittee on Energy and Commerce of the House 

5 of Representatives and the Committee on En6 ergy and Natural Resources of the Senate a re7 port, which shall— 

8 (i) update the information required by 

9 paragraph (1)(B); and 

10 (ii) include a description of case stud11 ies and key lessons learned after the date 

12 on which the report under paragraph 

13 (1)(B) was submitted with respect to ex14 panding the deployment of electric vehicle 

15 charging infrastructure in underserved or 

16 disadvantaged communities in major urban 

17 areas and rural areas. 

18 (b) DEFINITIONS.—In this section: 

19 (1) ELECTRIC VEHICLE CHARGING INFRA20 STRUCTURE.—The term ‘‘electric vehicle charging 

21 infrastructure’’ means electric vehicle supply equip22 ment and other physical assets that provide for the 

23 distribution of and access to electricity for the pur24 pose of charging an electric vehicle or a plug-in hy25 brid electric vehicle. 


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1 (2) MAJOR URBAN AREA.—The term ‘‘major 

2 urban area’’ means a metropolitan statistical area 

3 within the United States with an estimated popu4 lation that is greater than or equal to 1,500,000. 

5 SEC. 6504. ENSURING PROGRAM BENEFITS FOR UNDER6 SERVED AND DISADVANTAGED COMMU7 NITIES. 

8 In carrying out this subtitle, and the amendments 

9 made by this subtitle, the Secretary shall provide, to the 

10 extent practicable access to electric vehicle charging infra11 structure, address transportation needs, and provide im12 proved air quality in underserved or disadvantaged com13 munities. 

14 SEC. 6505. MODEL BUILDING CODE FOR ELECTRIC VEHI15 CLE SUPPLY EQUIPMENT. 

16 (a) REVIEW.—The Secretary shall review proposed or 

17 final model building codes for— 

18 (1) integrating electric vehicle supply equipment 

19 into residential and commercial buildings that in20 clude space for individual vehicle or fleet vehicle 

21 parking; and 

22 (2) integrating onsite renewable power equip23 ment and electric storage equipment (including elec24 tric vehicle batteries to be used for electric storage) 

25 into residential and commercial buildings. 


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1 (b) TECHNICAL ASSISTANCE.—The Secretary shall 

2 provide technical assistance to stakeholders representing 

3 the building construction industry, manufacturers of elec4 tric vehicles and electric vehicle supply equipment, State 

5 and local governments, and any other persons with rel6 evant expertise or interests to facilitate understanding of 

7 the model code and best practices for adoption by jurisdic8 tions. 

9 SEC. 6506. ELECTRIC VEHICLE SUPPLY EQUIPMENT CO10 ORDINATION. 

11 (a) IN GENERAL.—Not later than 90 days after the 

12 date of enactment of this Act, the Secretary, acting 

13 through the Assistant Secretary of the Office of Electricity 

14 Delivery and Energy Reliability (including the Smart Grid 

15 Task Force), shall convene a group to assess progress in 

16 the development of standards necessary to— 

17 (1) support the expanded deployment of electric 

18 vehicle supply equipment; 

19 (2) develop an electric vehicle charging network 

20 to provide reliable charging for electric vehicles na21 tionwide, taking into consideration range anxiety 

22 and the location of charging infrastructure to ensure 

23 an electric vehicle can travel throughout the United 

24 States without losing a charge; and 


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1 (3) ensure the development of such network will 

2 not compromise the stability and reliability of the 

3 electric grid. 

4 (b) REPORT TO CONGRESS.—Not later than 1 year 

5 after the date of enactment of this Act, the Secretary shall 

6 provide to the Committee on Energy and Commerce of the 

7 House of Representatives and to the Committee on En8 ergy and Natural Resources of the Senate a report con9 taining the results of the assessment carried out under 

10 subsection (a) and recommendations to overcome any bar11 riers to standards development or adoption identified by 

12 the group convened under such subsection. 

13 SEC. 6507. STATE CONSIDERATION OF ELECTRIC VEHICLE 

14 CHARGING. 

15 (a) CONSIDERATION AND DETERMINATION RESPECT16 ING CERTAIN RATEMAKING STANDARDS.—Section 111(d) 

17 of the Public Utility Regulatory Policies Act of 1978 (16 

18 U.S.C. 2621(d)) is further amended by adding at the end 

19 the following: 

20 ‘‘(22) ELECTRIC VEHICLE CHARGING PRO21 GRAMS.— 

22 ‘‘(A) IN GENERAL.—Each State shall con23 sider measures to promote greater electrifica24 tion of the transportation sector, including— 


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1 ‘‘(i) authorizing measures to stimulate 

2 investment in and deployment of electric 

3 vehicle supply equipment and to foster the 

4 market for electric vehicle charging; 

5 ‘‘(ii) authorizing each electric utility 

6 of the State to recover from ratepayers any 

7 capital, operating expenditure, or other 

8 costs of the electric utility relating to load 

9 management, programs, or investments as10 sociated with the integration of electric ve11 hicle supply equipment into the grid; and 

12 ‘‘(iii) allowing a person or agency that 

13 owns and operates an electric vehicle 

14 charging facility for the sole purpose of re15 charging an electric vehicle battery to be 

16 excluded from regulation as an electric 

17 utility pursuant to section 3(4) when mak18 ing electricity sales from the use of the 

19 electric vehicle charging facility, if such 

20 sales are the only sales of electricity made 

21 by the person or agency. 

22 ‘‘(B) DEFINITION.—For purposes of this 

23 paragraph, the term ‘electric vehicle supply 

24 equipment’ means conductors, including 

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1 ing conductors, electric vehicle connectors, at2 tachment plugs, and all other fittings, devices, 

3 power outlets, or apparatuses installed specifi4 cally for the purpose of delivering energy to an 

5 electric vehicle.’’. 

6 (b) OBLIGATIONS TO CONSIDER AND DETERMINE.— 

7 (1) TIME LIMITATIONS.—Section 112(b) of the 

8 Public Utility Regulatory Policies Act of 1978 (16 

9 U.S.C. 2622(b)) is amended by adding at the end 

10 the following: 

11 ‘‘(9)(A) Not later than 1 year after the date of 

12 enactment of this paragraph, each State regulatory 

13 authority (with respect to each electric utility for 

14 which it has ratemaking authority) and each non15 regulated electric utility shall commence the consid16 eration referred to in section 111, or set a hearing 

17 date for consideration, with respect to the standards 

18 established by paragraph (22) of section 111(d). 

19 ‘‘(B) Not later than 2 years after the date of 

20 the enactment of this paragraph, each State regu21 latory authority (with respect to each electric utility 

22 for which it has ratemaking authority), and each 

23 nonregulated electric utility, shall complete the con24 sideration, and shall make the determination, re25 ferred to in section 111 with respect to each standVerDate Sep 11 2014 00:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00683 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.RFS H4447

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1 ard established by paragraph (22) of section 

2 111(d).’’. 

3 (2) FAILURE TO COMPLY.—Section 112(c) of 

4 the Public Utility Regulatory Policies Act of 1978 

5 (16 U.S.C. 2622(c)) is amended by adding at the 

6 end the following: ‘‘In the case of the standard es7 tablished by paragraph (22) of section 111(d), the 

8 reference contained in this subsection to the date of 

9 enactment of this Act shall be deemed to be a ref10 erence to the date of enactment of that paragraph.’’. 

11 (3) PRIOR STATE ACTIONS.—Section 112 of the 

12 Public Utility Regulatory Policies Act of 1978 (16 

13 U.S.C. 2622) is amended by adding at the end the 

14 following: 

15 ‘‘(i) PRIOR STATE ACTIONS.—Subsections (b) and 

16 (c) of this section shall not apply to the standard estab17 lished by paragraph (22) of section 111(d) in the case of 

18 any electric utility in a State if, before the enactment of 

19 this subsection— 

20 ‘‘(1) the State has implemented for such utility 

21 the standard concerned (or a comparable standard); 

22 ‘‘(2) the State regulatory authority for such 

23 State or relevant nonregulated electric utility has 

24 conducted a proceeding to consider implementation 


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1 of the standard concerned (or a comparable stand2 ard) for such utility; 

3 ‘‘(3) the State legislature has voted on the im4 plementation of such standard (or a comparable 

5 standard) for such utility; or 

6 ‘‘(4) the State has taken action to implement 

7 incentives or other steps to strongly encourage the 

8 deployment of electric vehicles.’’. 

9 (4) PRIOR AND PENDING PROCEEDINGS.—Sec10 tion 124 of the Public Utility Regulatory Policies 

11 Act of 1978 (16 U.S.C. 2634) is amended is amend12 ed by adding at the end the following: ‘‘In the case 

13 of the standard established by paragraph (22) of 

14 section 111(d), the reference contained in this sec15 tion to the date of the enactment of this Act shall 

16 be deemed to be a reference to the date of enact17 ment of such paragraph (22).’’. 

18 SEC. 6508. STATE ENERGY PLANS. 

19 (a) STATE ENERGY CONSERVATION PLANS.—Section 

20 362(d) of the Energy Policy and Conservation Act (42 

21 U.S.C. 6322(d)) is amended— 

22 (1) in paragraph (16), by striking ‘‘; and’’ and 

23 inserting a semicolon; 

24 (2) by redesignating paragraph (17) as para25 graph (18); and 


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1 (3) by inserting after paragraph (16) the fol2 lowing: 

3 ‘‘(17) a State energy transportation plan devel4 oped in accordance with section 368; and’’. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

6 365(f) of the Energy Policy and Conservation Act (42 

7 U.S.C. 6325(f)) is amended to read as follows: 

8 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

9 ‘‘(1) STATE ENERGY CONSERVATION PLANS.— 

10 For the purpose of carrying out this part, there are 

11 authorized to be appropriated $100,000,000 for each 

12 of fiscal years 2021 through 2025. 

13 ‘‘(2) STATE ENERGY TRANSPORTATION

14 PLANS.—In addition to the amounts authorized 

15 under paragraph (1), for the purpose of carrying out 

16 section 368, there are authorized to be appropriated 

17 $25,000,000 for each of fiscal years 2021 through 

18 2025.’’. 

19 (c) STATE ENERGY TRANSPORTATION PLANS.— 

20 (1) IN GENERAL.—Part D of title III of the 

21 Energy Policy and Conservation Act (42 U.S.C. 

22 6321 et seq.) is further amended by adding at the 

23 end the following: 


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1 ‘‘SEC. 368. STATE ENERGY TRANSPORTATION PLANS. 

2 ‘‘(a) IN GENERAL.—The Secretary may provide fi3 nancial assistance to a State to develop a State energy 

4 transportation plan, for inclusion in a State energy con5 servation plan under section 362(d), to promote the elec6 trification of the transportation system, reduced consump7 tion of fossil fuels, and improved air quality. 

8 ‘‘(b) DEVELOPMENT.—A State developing a State en9 ergy transportation plan under this section shall carry out 

10 this activity through the State energy office that is respon11 sible for developing the State energy conservation plan 

12 under section 362. 

13 ‘‘(c) CONTENTS.—A State developing a State energy 

14 transportation plan under this section shall include in such 

15 plan a plan to— 

16 ‘‘(1) deploy a network of electric vehicle supply 

17 equipment to ensure access to electricity for electric 

18 vehicles, including commercial vehicles, to an extent 

19 that such electric vehicles can travel throughout the 

20 State without running out of a charge; and 

21 ‘‘(2) promote modernization of the electric grid, 

22 including through the use of renewable energy 

23 sources to power the electric grid, to accommodate 

24 demand for power to operate electric vehicle supply 

25 equipment and to utilize energy storage capacity 


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1 provided by electric vehicles, including commercial 

2 vehicles. 

3 ‘‘(d) COORDINATION.—In developing a State energy 

4 transportation plan under this section, a State shall co5 ordinate, as appropriate, with— 

6 ‘‘(1) State regulatory authorities (as defined in 

7 section 3 of the Public Utility Regulatory Policies 

8 Act of 1978 (16 U.S.C. 2602)); 

9 ‘‘(2) electric utilities; 

10 ‘‘(3) regional transmission organizations or 

11 independent system operators; 

12 ‘‘(4) private entities that provide electric vehicle 

13 charging services; 

14 ‘‘(5) State transportation agencies, metropoli15 tan planning organizations, and local governments; 

16 ‘‘(6) electric vehicle manufacturers; 

17 ‘‘(7) public and private entities that manage ve18 hicle fleets; and 

19 ‘‘(8) public and private entities that manage 

20 ports, airports, or other transportation hubs. 

21 ‘‘(e) TECHNICAL ASSISTANCE.—Upon request of the 

22 Governor of a State, the Secretary shall provide informa23 tion and technical assistance in the development, imple24 mentation, or revision of a State energy transportation 

25 plan. 


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1 ‘‘(f) ELECTRIC VEHICLE SUPPLY EQUIPMENT DE2 FINED.—For purposes of this section, the term ‘electric 

3 vehicle supply equipment’ means conductors, including 

4 ungrounded, grounded, and equipment grounding conduc5 tors, electric vehicle connectors, attachment plugs, and all 

6 other fittings, devices, power outlets, or apparatuses in7 stalled specifically for the purpose of delivering energy to 

8 an electric vehicle.’’. 

9 (2) CONFORMING AMENDMENT.—The table of 

10 sections for part D of title III of the Energy Policy 

11 and Conservation Act is further amended by adding 

12 at the end the following: 

‘‘Sec. 368. State energy security plans.’’. 

13 SEC. 6509. TRANSPORTATION ELECTRIFICATION. 

14 Section 131 of the Energy Independence and Security 

15 Act of 2007 (42 U.S.C. 17011) is amended— 

16 (1) in subsection (a)(6)— 

17 (A) in subparagraph (A), by inserting ‘‘, 

18 including ground support equipment at ports’’ 

19 before the semicolon; 

20 (B) in subparagraph (E), by inserting 

21 ‘‘and vehicles’’ before the semicolon; 

22 (C) in subparagraph (H), by striking 

23 ‘‘and’’ at the end; 

24 (D) in subparagraph (I)— 


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1 (i) by striking ‘‘battery chargers,’’; 

2 and 

3 (ii) by striking the period at the end 

4 and inserting a semicolon; and 

5 (E) by adding at the end the following: 

6 ‘‘(J) installation of electric vehicle supply 

7 equipment for recharging plug-in electric drive 

8 vehicles, including such equipment that is acces9 sible in rural and urban areas and in under10 served or disadvantaged communities and such 

11 equipment for medium- and heavy-duty vehicles, 

12 including at depots and in-route locations; 

13 ‘‘(K) multi-use charging hubs used for 

14 multiple forms of transportation; 

15 ‘‘(L) medium- and heavy-duty vehicle 

16 smart charging management and refueling; 

17 ‘‘(M) battery recycling and secondary use, 

18 including for medium- and heavy-duty vehicles; 

19 and 

20 ‘‘(N) sharing of best practices, and tech21 nical assistance provided by the Department to 

22 public utilities commissions and utilities, for 

23 medium- and heavy-duty vehicle electrifica24 tion.’’; 

25 (2) in subsection (b)— 


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1 (A) in paragraph (3)(A)(ii), by inserting ‘‘, 

2 components for such vehicles, and charging 

3 equipment for such vehicles’’ after ‘‘vehicles’’; 

4 and 

5 (B) in paragraph (6), by striking 

6 ‘‘$90,000,000 for each of fiscal years 2008 

7 through 2012’’ and inserting ‘‘$2,000,000,000 

8 for each of fiscal years 2021 through 2025’’; 

9 (3) in subsection (c)— 

10 (A) in the header, by striking ‘‘NEAR11 TERM’’ and inserting ‘‘LARGE-SCALE’’; and 

12 (B) in paragraph (4), by striking 

13 ‘‘$95,000,000 for each of fiscal years 2008 

14 through 2013’’ and inserting ‘‘$2,500,000,000 

15 for each of fiscal years 2021 through 2025’’; 

16 and 

17 (4) by redesignating subsection (d) as sub18 section (e) and inserting after subsection (c) the fol19 lowing: 

20 ‘‘(d) PRIORITY.—In providing grants under sub21 sections (b) and (c), the Secretary shall give priority con22 sideration to applications that contain a written assurance 

23 that all laborers and mechanics employed by contractors 

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1 vided under this section shall be paid wages at rates not 

2 less than those prevailing on similar construction in the 

3 locality, as determined by the Secretary of Labor in ac4 cordance with sections 3141 through 3144, 3146, and 

5 3147 of title 40, United States Code (and the Secretary 

6 of Labor shall, with respect to the labor standards de7 scribed in this clause, have the authority and functions 

8 set forth in Reorganization Plan Numbered 14 of 1950 

9 (5 U.S.C. App.) and section 3145 of title 40, United 

10 States Code).’’. 

11 SEC. 6510. FEDERAL FLEETS. 

12 (a) MINIMUM FEDERAL FLEET REQUIREMENT.— 

13 Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 

14 13212) is amended— 

15 (1) in subsection (a), by adding at the end the 

16 following: 

17 ‘‘(3) The Secretary, in consultation with the Adminis18 trator of General Services, shall ensure that in acquiring 

19 medium- and heavy-duty vehicles for a Federal fleet, a 

20 Federal entity shall acquire zero emission vehicles to the 

21 maximum extent feasible.’’; 

22 (2) by striking subsection (b) and inserting the 

23 following: 

24 ‘‘(b) PERCENTAGE REQUIREMENTS.— 

25 ‘‘(1) IN GENERAL.— 


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1 ‘‘(A) LIGHT-DUTY VEHICLES.—Beginning 

2 in fiscal year 2025, 100 percent of the total 

3 number of light-duty vehicles acquired by a 

4 Federal entity for a Federal fleet shall be alter5 native fueled vehicles, of which— 

6 ‘‘(i) at least 50 percent shall be zero 

7 emission vehicles or plug-in hybrids in fis8 cal years 2025 through 2034; 

9 ‘‘(ii) at least 75 percent shall be zero 

10 emission vehicles or plug-in hybrids in fis11 cal years 2035 through 2049; and 

12 ‘‘(iii) 100 percent shall be zero emis13 sion vehicles in fiscal year 2050 and there14 after. 

15 ‘‘(B) MEDIUM- AND HEAVY-DUTY VEHI16 CLES.—The following percentages of the total 

17 number of medium- and heavy-duty vehicles ac18 quired by a Federal entity for a Federal fleet 

19 shall be alternative fueled vehicles: 

20 ‘‘(i) At least 20 percent in fiscal years 

21 2025 through 2029. 

22 ‘‘(ii) At least 30 percent in fiscal 

23 years 2030 through 2039. 

24 ‘‘(iii) At least 40 percent in fiscal 

25 years 2040 through 2049. 


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1 ‘‘(iv) At least 50 percent in fiscal year 

2 2050 and thereafter. 

3 ‘‘(2) EXCEPTION.—The Secretary, in consulta4 tion with the Administrator of General Services 

5 where appropriate, may permit a Federal entity to 

6 acquire for a Federal fleet a smaller percentage than 

7 is required in paragraph (1) for a fiscal year, so long 

8 as the aggregate percentage acquired for each class 

9 of vehicle for all Federal fleets in the fiscal year is 

10 at least equal to the required percentage. 

11 ‘‘(3) DEFINITIONS.—In this subsection: 

12 ‘‘(A) FEDERAL FLEET.—The term ‘Fed13 eral fleet’ means a fleet of vehicles that are cen14 trally fueled or capable of being centrally fueled 

15 and are owned, operated, leased, or otherwise 

16 controlled by or assigned to any Federal execu17 tive department, military department, Govern18 ment corporation, independent establishment, 

19 or executive agency, the United States Postal 

20 Service, the Congress, the courts of the United 

21 States, or the Executive Office of the President. 

22 Such term does not include— 

23 ‘‘(i) motor vehicles held for lease or 

24 rental to the general public; 


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1 ‘‘(ii) motor vehicles used for motor ve2 hicle manufacturer product evaluations or 

3 tests; 

4 ‘‘(iii) law enforcement vehicles; 

5 ‘‘(iv) emergency vehicles; or 

6 ‘‘(v) motor vehicles acquired and used 

7 for military purposes that the Secretary of 

8 Defense has certified to the Secretary must 

9 be exempt for national security reasons. 

10 ‘‘(B) FLEET.—The term ‘fleet’ means— 

11 ‘‘(i) 20 or more light-duty vehicles, lo12 cated in a metropolitan statistical area or 

13 consolidated metropolitan statistical area, 

14 as established by the Bureau of the Cen15 sus, with a 1980 population of more than 

16 250,000; or 

17 ‘‘(ii) 10 or more medium- or heavy18 duty vehicles, located at a Federal facility 

19 or located in a metropolitan statistical area 

20 or consolidated metropolitan statistical 

21 area, as established by the Bureau of the 

22 Census, with a 1980 population of more 

23 than 250,000.’’; and 

24 (3) in subsection (f)(2)(B)— 

25 (A) by striking ‘‘, either’’; and 


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1 (B) in clause (i), by striking ‘‘or’’ and in2 serting ‘‘and’’. 

3 (b) FEDERAL FLEET CONSERVATION REQUIRE4 MENTS.—Section 400FF(a) of the Energy Policy and 

5 Conservation Act (42 U.S.C. 6374e) is amended— 

6 (1) in paragraph (1)— 

7 (A) by striking ‘‘18 months after the date 

8 of enactment of this section’’ and inserting ‘‘12 

9 months after the date of enactment of the 

10 Clean Economy Jobs and Innovation Act’’; 

11 (B) by striking ‘‘2010’’ and inserting 

12 ‘‘2022’’; and 

13 (C) by striking ‘‘and increase alternative 

14 fuel consumption’’ and inserting ‘‘, increase al15 ternative fuel consumption, and reduce vehicle 

16 greenhouse gas emissions’’; and 

17 (2) by striking paragraph (2) and inserting the 

18 following: 

19 ‘‘(2) GOALS.—The goals of the requirements 

20 under paragraph (1) are that each Federal agency 

21 shall— 

22 ‘‘(A) reduce fleet-wide per-mile greenhouse 

23 gas emissions from agency fleet vehicles, rel24 ative to a baseline of emissions in 2015, by— 


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1 ‘‘(i) not less than 30 percent by the 

2 end of fiscal year 2025; 

3 ‘‘(ii) not less than 50 percent by the 

4 end of fiscal year 2030; and 

5 ‘‘(iii) 100 percent by the end of fiscal 

6 year 2050; and 

7 ‘‘(B) increase the annual percentage of al8 ternative fuel consumption by agency fleet vehi9 cles as a proportion of total annual fuel con10 sumption by Federal fleet vehicles, to achieve— 

11 ‘‘(i) 25 percent of total annual fuel 

12 consumption that is alternative fuel by the 

13 end of fiscal year 2025; 

14 ‘‘(ii) 50 percent of total annual fuel 

15 consumption that is alternative fuel by the 

16 end of fiscal year 2035; and 

17 ‘‘(iii) at least 85 percent of total an18 nual fuel consumption that is alternative 

19 fuel by the end of fiscal year 2050.’’. 

20 SEC. 6511. DOMESTIC MANUFACTURING CONVERSION 

21 GRANT PROGRAM. 

22 (a) HYBRID VEHICLES, ADVANCED VEHICLES, AND

23 FUEL CELL BUSES.—Subtitle B of title VII of the Energy 

24 Policy Act of 2005 (42 U.S.C. 16061 et seq.) is amend25 ed— 


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1 (1) in the subtitle header, by inserting ‘‘Plug2 In Electric Vehicles,’’ before ‘‘Hybrid Vehi3 cles’’; and 

4 (2) in part 1, in the part header, by striking 

5 ‘‘HYBRID’’ and inserting ‘‘PLUG-IN ELECTRIC’’. 

6 (b) PLUG-IN ELECTRIC VEHICLES.—Section 711 of 

7 the Energy Policy Act of 2005 (42 U.S.C. 16061) is 

8 amended to read as follows: 

9 ‘‘SEC. 711. PLUG-IN ELECTRIC VEHICLES. 

10 ‘‘The Secretary shall accelerate efforts, related to do11 mestic manufacturing, that are directed toward the im12 provement of batteries, power electronics, and other tech13 nologies for use in plug-in electric vehicles.’’. 

14 (c) EFFICIENT HYBRID AND ADVANCED DIESEL VE15 HICLES.—Section 712 of the Energy Policy Act of 2005 

16 (42 U.S.C. 16062) is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (1), by inserting ‘‘, plug19 in electric,’’ after ‘‘efficient hybrid’’; and 

20 (B) by amending paragraph (3) to read as 

21 follows: 

22 ‘‘(3) PRIORITY.—Priority shall be given to— 

23 ‘‘(A) the refurbishment or retooling of 

24 manufacturing facilities that have recently 


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1 ceased operation or would otherwise cease oper2 ation in the near future; and 

3 ‘‘(B) applications containing a written as4 surance that— 

5 ‘‘(i) all laborers and mechanics em6 ployed by contractors or subcontractors 

7 during construction, alteration, retooling, 

8 or repair that is financed, in whole or in 

9 part, by a grant under this subsection shall 

10 be paid wages at rates not less than those 

11 prevailing on similar construction in the lo12 cality, as determined by the Secretary of 

13 Labor in accordance with sections 3141 

14 through 3144, 3146, and 3147 of title 40, 

15 United States Code; 

16 ‘‘(ii) all laborers and mechanics em17 ployed by the owner or operator of a man18 ufacturing facility that is financed, in 

19 whole or in part, by a grant under this 

20 subsection shall be paid wages at rates not 

21 less than those prevailing on similar con22 struction in the locality, as determined by 

23 the Secretary of Labor in accordance with 

24 sections 3141 through 3144, 3146, and 

25 3147 of title 40, United States Code; and 


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1 ‘‘(iii) the Secretary of Labor shall, 

2 with respect to the labor standards de3 scribed in this paragraph, have the author4 ity and functions set forth in Reorganiza5 tion Plan Numbered 14 of 1950 (5 U.S.C. 

6 App.) and section 3145 of title 40, United 

7 States Code.’’; and 

8 (2) by striking subsection (c) and inserting the 

9 following: 

10 ‘‘(c) COST SHARE AND GUARANTEE OF OPER11 ATION.— 

12 ‘‘(1) CONDITION.—A recipient of a grant under 

13 this section shall pay the Secretary the full amount 

14 of the grant if the facility financed in whole or in 

15 part under this subsection fails to manufacture 

16 goods for a period of at least 10 years after the com17 pletion of construction. 

18 ‘‘(2) COST SHARE.—Section 988(c) shall apply 

19 to a grant made under this subsection. 

20 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

21 is authorized to be appropriated to the Secretary to carry 

22 out this section $2.5 billion for each of fiscal years 2021 

23 through 2025. 

24 ‘‘(e) PERIOD OF AVAILABILITY.—An award made 

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1 section shall only be available with respect to facilities and 

2 equipment placed in service before December 30, 2035.’’. 

3 (d) CONFORMING AMENDMENT.—The table of con4 tents of the Energy Policy Act of 2005 is amended— 

5 (1) in the item relating to subtitle B of title 

6 VII, by inserting ‘‘Plug-In Electric Vehicles,’’ before 

7 ‘‘Hybrid Vehicles’’; 

8 (2) in the item relating to part 1 of such sub9 title, by striking ‘‘Hybrid’’ and inserting ‘‘Plug-In 

10 Electric’’; and 

11 (3) in the item relating to section 711, by strik12 ing ‘‘Hybrid’’ and inserting ‘‘Plug-in electric’’. 

13 SEC. 6512. ADVANCED TECHNOLOGY VEHICLES MANUFAC14 TURING INCENTIVE PROGRAM. 

15 Section 136 of the Energy Independence and Security 

16 Act of 2007 (42 U.S.C. 17013) is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (1)— 

19 (i) by redesignating subparagraphs 

20 (A) through (C) as clauses (i) through 

21 (iii), respectively, and indenting appro22 priately; 

23 (ii) by striking ‘‘(1) ADVANCED TECH24 NOLOGY VEHICLE.—’’ and all that follows 


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1 through ‘‘meets—’’ and inserting the fol2 lowing: 

3 ‘‘(1) ADVANCED TECHNOLOGY VEHICLE.—The 

4 term ‘advanced technology vehicle’ means— 

5 ‘‘(A) an ultra efficient vehicle; 

6 ‘‘(B) a light-duty vehicle or medium-duty 

7 passenger vehicle that—’’; 

8 (iii) in subparagraph (B)(i) (as so re9 designated), by striking ‘‘the Bin 5 Tier 

10 II’’ and inserting ‘‘meets the Bin 160 Tier 

11 III’’; 

12 (iv) in subparagraph (B)(ii) (as so re13 designated), by inserting ‘‘meets’’ before 

14 ‘‘any new’’; 

15 (v) by amending subparagraph (B)(iii) 

16 (as so redesignated) to read as follows: 

17 ‘‘(iii)(I) for vehicles produced in model 

18 years 2021 through 2025, meets the appli19 cable regulatory standards for emissions of 

20 greenhouse gases for model year 2021 

21 through 2025 vehicles promulgated by the 

22 Administrator of the Environmental Pro23 tection Agency on October 15, 2012 (77 

24 Fed. Reg. 62624); or 


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1 ‘‘(II) emits zero emissions of green2 house gases; or’’; and 

3 (vi) by adding at the end the fol4 lowing: 

5 ‘‘(C) a heavy-duty vehicle (excluding a me6 dium-duty passenger vehicle) that— 

7 ‘‘(i) complies early with and dem8 onstrates achievement below the applicable 

9 regulatory standards for emissions of 

10 greenhouse gases for model year 2027 ve11 hicles promulgated by the Administrator 

12 on October 25, 2016 (81 Fed. Reg. 

13 73478); or 

14 ‘‘(ii) emits zero emissions of green15 house gases.’’; 

16 (B) by striking paragraph (2) and redesig17 nating paragraph (3) as paragraph (2); 

18 (C) by striking paragraph (4) and insert19 ing the following: 

20 ‘‘(3) QUALIFYING COMPONENT.—The term 

21 ‘qualifying component’ means a material, technology, 

22 component, system, or subsystem in an advanced 

23 technology vehicle, including an ultra-efficient com24 ponent. 


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1 ‘‘(4) ULTRA-EFFICIENT COMPONENT.—The 

2 term ‘ultra-efficient component’ means a component 

3 of an ultra efficient vehicle, including— 

4 ‘‘(A) fuel cell technology; 

5 ‘‘(B) battery technology, including a bat6 tery cell, battery, battery management system, 

7 or thermal control system; 

8 ‘‘(C) an automotive semiconductor or com9 puter; 

10 ‘‘(D) an electric motor, axle, or component; 

11 and 

12 ‘‘(E) an advanced lightweight, high13 strength, or high-performance material.’’; and 

14 (D) in paragraph (5)— 

15 (i) in subparagraph (B), by striking 

16 ‘‘or’’ at the end; 

17 (ii) in subparagraph (C), by striking 

18 the period at the end and inserting ‘‘; or’’; 

19 and 

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(D) at least 75 miles per gallon equiva23 lent while operating as a hydrogen fuel cell elec24 tric vehicle.’’; 


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1 (2) by amending subsection (b) to read as fol2 lows: 

3 ‘‘(b) ADVANCED VEHICLES MANUFACTURING FACIL4 ITY.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall provide 

6 facility funding awards under this section to ad7 vanced technology vehicle manufacturers and compo8 nent suppliers to pay not more than 50 percent of 

9 the cost of— 

10 ‘‘(A) reequipping, expanding, or estab11 lishing a manufacturing facility in the United 

12 States to produce— 

13 ‘‘(i) advanced technology vehicles; or 

14 ‘‘(ii) qualifying components; and 

15 ‘‘(B) engineering integration performed in 

16 the United States of advanced technology vehi17 cles and qualifying components. 

18 ‘‘(2) ULTRA-EFFICIENT COMPONENTS COST

19 SHARE.—Notwithstanding paragraph (1), a facility 

20 funding award under such paragraph may pay not 

21 more than 80 percent of the cost of a project to 

22 reequip, expand, or establish a manufacturing facil23 ity in the United States to produce ultra-efficient 

24 components.’’; 


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1 (3) in subsection (c), by striking ‘‘2020’’ and 

2 inserting ‘‘2030’’ each place it appears; 

3 (4) in subsection (d)— 

4 (A) by amending paragraph (2) to read as 

5 follows: 

6 ‘‘(2) APPLICATION.—An applicant for a loan 

7 under this subsection shall submit to the Secretary 

8 an application at such time, in such manner, and 

9 containing such information as the Secretary may 

10 require, including— 

11 ‘‘(A) a written assurance that— 

12 ‘‘(i) all laborers and mechanics em13 ployed by contractors or subcontractors 

14 during construction, alteration, or repair, 

15 or at any manufacturing operation, that is 

16 financed, in whole or in part, by a loan 

17 under this section shall be paid wages at 

18 rates not less than those prevailing in a 

19 similar firm or on similar construction in 

20 the locality, as determined by the Sec21 retary of Labor in accordance with sub22 chapter IV of chapter 31 of title 40, 

23 United States Code; and 

24 ‘‘(ii) the Secretary of Labor shall, 

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1 scribed in this paragraph, have the author2 ity and functions set forth in Reorganiza3 tion Plan Numbered 14 of 1950 (64 Stat. 

4 1267; 5 U.S.C. App.) and section 3145 of 

5 title 40, United States Code; 

6 ‘‘(B) a disclosure of whether there has 

7 been any administrative merits determination, 

8 arbitral award or decision, or civil judgment, as 

9 defined in guidance issued by the Secretary of 

10 Labor, rendered against the applicant in the 

11 preceding 3 years for violations of applicable 

12 labor, employment, civil rights, or health and 

13 safety laws; 

14 ‘‘(C) specific information regarding the ac15 tions the applicant will take to demonstrate 

16 compliance with, and where possible exceedance 

17 of, requirements under applicable labor, employ18 ment, civil rights, and health and safety laws, 

19 and actions the applicant will take to ensure 

20 that its direct suppliers demonstrate compliance 

21 with applicable labor, employment, civil rights, 

22 and health and safety laws; and 

23 ‘‘(D) an estimate and description of the 

24 jobs and types of jobs to be retained or created 

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1 cant will take to increase employment and re2 tention of dislocated workers, veterans, individ3 uals from low-income communities, women, mi4 norities, and other groups underrepresented in 

5 manufacturing, and individuals with a barrier 

6 to employment.’’; 

7 (B) by amending paragraph (3) to read as 

8 follows: 

9 ‘‘(3) SELECTION OF ELIGIBLE PROJECTS.—The 

10 Secretary shall select eligible projects to receive 

11 loans under this subsection in cases in which the 

12 Secretary determines— 

13 ‘‘(A) the loan recipient— 

14 ‘‘(i) has a reasonable prospect of re15 paying the principal and interest on the 

16 loan; 

17 ‘‘(ii) will provide sufficient informa18 tion to the Secretary for the Secretary to 

19 ensure that the qualified investment is ex20 pended efficiently and effectively; and 

21 ‘‘(iii) has met such other criteria as 

22 may be established and published by the 

23 Secretary; and 

24 ‘‘(B) the amount of the loan (when com25 bined with amounts available to the loan recipiVerDate Sep 11 2014 00:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00708 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.RFS H4447

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1 ent from other sources) will be sufficient to 

2 carry out the project.’’; and 

3 (C) in paragraph (4)— 

4 (i) in subparagraph (B)(i), by striking 

5 ‘‘; and’’ and inserting ‘‘; or’’; 

6 (ii) in subparagraph (C), by striking 

7 ‘‘; and’’ and inserting a semicolon; 

8 (iii) in subparagraph (D), by striking 

9 the period at the end and inserting ‘‘; 

10 and’’; and 

11 (iv) by adding at the end the fol12 lowing: 

13 ‘‘(E) shall be subject to the condition that 

14 the loan is not subordinate to other financing.’’; 

15 (5) by amending subsection (e) to read as fol16 lows: 

17 ‘‘(e) REGULATIONS.—Not later than 6 months after 

18 the date of enactment of the Clean Economy Jobs and 

19 Innovation Act, the Secretary shall issue a final rule estab20 lishing regulations to carry out this section.’’; 

21 (6) by amending subsection (f) to read as fol22 lows: 

23 ‘‘(f) FEES.—The Secretary shall charge and collect 

24 fees for loans under this section in amounts the Secretary 

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1 tive expenses (including any costs associated with third2 party consultants engaged by the Secretary), which may 

3 not exceed $100,000 or 10 basis points of the loan and 

4 may not be collected prior to financial closing.’’; 

5 (7) by amending subsection (g) to read as fol6 lows: 

7 ‘‘(g) PRIORITY.—The Secretary shall, in making 

8 awards or loans to those manufacturers that have existing 

9 facilities (which may be idle), give priority to those facili10 ties that are or would be— 

11 ‘‘(1) oldest or in existence for at least 20 years; 

12 ‘‘(2) recently closed, or at risk of closure; 

13 ‘‘(3) utilized primarily for the manufacture of 

14 medium-duty passenger vehicles or other heavy-duty 

15 vehicles that emit zero greenhouse gas emissions; or 

16 ‘‘(4) utilized primarily for the manufacture of 

17 ultra-efficient components.’’; 

18 (8) in subsection (h)— 

19 (A) in the header, by striking ‘‘AUTO20 MOBILE’’ and inserting ‘‘ADVANCED TECH21 NOLOGY VEHICLE’’; and 

22 (B) in paragraph (1)(B), by striking 

23 ‘‘automobiles, or components of automobiles’’ 

24 and inserting ‘‘advanced technology vehicles, or 

25 components of advanced technology vehicles’’; 


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1 (9) by striking subsection (i) and redesignating 

2 subsection (j) as subsection (i); and 

3 (10) by adding at the end the following: 

4 ‘‘(j) COORDINATION.—In carrying out this section, 

5 the Secretary shall coordinate with relevant vehicle, bio6 energy, and hydrogen and fuel cell demonstration project 

7 activities supported by the Department. 

8 ‘‘(k) OUTREACH.—In carrying out this section, the 

9 Secretary shall— 

10 ‘‘(1) provide assistance with the completion of 

11 applications for awards or loans under this section; 

12 and 

13 ‘‘(2) conduct outreach, including through con14 ferences and online programs, to disseminate infor15 mation on awards and loans under this section to 

16 potential applicants. 

17 ‘‘(l) REPORT.—Not later than 2 years after the date 

18 of the enactment of this subsection, and every 3 years 

19 thereafter, the Secretary shall submit to Congress a report 

20 on the status of projects supported by a loan under this 

21 section, including— 

22 ‘‘(1) a list of projects receiving a loan under 

23 this section, including the loan amount and con24 struction status of each such project; 


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1 ‘‘(2) the status of each project’s loan repay2 ment, including future repayment projections; 

3 ‘‘(3) data regarding the number of direct and 

4 indirect jobs retained, restored, or created by fi5 nanced projects; 

6 ‘‘(4) the number of new projects projected to 

7 receive a loan under this section in the next 2 years 

8 and the aggregate loan amount; and 

9 ‘‘(5) any other metrics the Secretary finds ap10 propriate. 

11 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to carry out this sec13 tion— 

14 ‘‘(1) $10,000,000 for each of fiscal years 2021 

15 through 2025 to administer this section; and 

16 ‘‘(2) $10,000,000 for fiscal year 2021, to re17 main available until expended, for administrative 

18 costs associated with loans under this section that 

19 are not covered by fees collected under subsection 

20 (f).’’. 


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1 Subtitle F—Vehicles Used for 

2 Competition 

3 SEC. 6601. TREATMENT OF VEHICLES NOT LEGAL FOR OP4 ERATION ON A STREET OR HIGHWAY AND 

5 USED SOLELY FOR COMPETITION. 

6 (a) TREATMENT.—An action with respect to any de7 vice or element of design referred to in paragraph (3) of 

8 section 203(a) of the Clean Air Act (42 U.S.C. 7522(a)) 

9 shall not be treated as a prohibited act under such para10 graph if the action is for the purpose of modifying a motor 

11 vehicle that is not legal for operation on a street or high12 way and is to be used solely for competition. 

13 (b) IMPLEMENTATION.—Not later than 18 months 

14 after the date of enactment of this Act, the Administrator 

15 of the Environmental Protection Agency shall promulgate 

16 final regulations as necessary to implement subsection (a). 

17 Subtitle G—Clean Refrigerated 

18 Vehicles Program 

19 SEC. 6701. PILOT PROGRAM FOR THE ELECTRIFICATION OF 

20 CERTAIN REFRIGERATED VEHICLES. 

21 (a) ESTABLISHMENT OF PILOT PROGRAM.—The Ad22 ministrator shall establish and carry out a pilot program 

23 to award funds, in the form of grants, rebates, and low24 cost revolving loans, as determined appropriate by the AdVerDate Sep 11 2014 00:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00713 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.RFS H4447

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1 ministrator, on a competitive basis, to eligible entities to 

2 carry out projects described in subsection (b). 

3 (b) PROJECTS.—An eligible entity receiving an award 

4 of funds under subsection (a) may use such funds only 

5 for one or more of the following projects: 

6 (1) TRANSPORT REFRIGERATION UNIT RE7 PLACEMENT.—A project to retrofit a heavy-duty ve8 hicle by replacing or retrofitting the existing diesel9 powered transport refrigeration unit in such vehicle 

10 with an electric transport refrigeration unit and re11 tiring the replaced unit for scrappage. 

12 (2) SHORE POWER INFRASTRUCTURE.—A 

13 project to purchase and install shore power infra14 structure or other equipment that enables transport 

15 refrigeration units to connect to electric power and 

16 operate without using diesel fuel. 

17 (c) MAXIMUM AMOUNTS.—The amount of an award 

18 of funds under subsection (a) shall not exceed— 

19 (1) for the costs of a project described in sub20 section (b)(1), 75 percent of such costs; and 

21 (2) for the costs of a project described in sub22 section (b)(2), 55 percent of such costs. 

23 (d) APPLICATIONS.—To be eligible to receive an 

24 award of funds under subsection (a), an eligible entity 

25 shall submit to the Administrator— 


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1 (1) a description of the air quality in the area 

2 served by the eligible entity, including a description 

3 of how the air quality is affected by diesel emissions 

4 from heavy-duty vehicles; 

5 (2) a description of the project proposed by the 

6 eligible entity, including— 

7 (A) any technology to be used or funded by 

8 the eligible entity; and 

9 (B) a description of the heavy-duty vehicle 

10 or vehicles of the eligible entity, that will be ret11 rofitted, if any, including— 

12 (i) the number of such vehicles; 

13 (ii) the uses of such vehicles; 

14 (iii) the locations where such vehicles 

15 dock for the purpose of loading or unload16 ing; and 

17 (iv) the routes driven by such vehicles, 

18 including the times at which such vehicles 

19 are driven; 

20 (3) an estimate of the cost of the proposed 

21 project; 

22 (4) a description of the age and expected life23 time control of the equipment used or funded by the 

24 eligible entity; and 


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1 (5) provisions for the monitoring and 

2 verification of the project including to verify 

3 scrappage of replaced units. 

4 (e) PRIORITY.—In awarding funds under subsection 

5 (a), the Administrator shall give priority to proposed 

6 projects that, as determined by the Administrator— 

7 (1) maximize public health benefits; 

8 (2) are the most cost-effective; and 

9 (3) will serve the communities that are most 

10 polluted by diesel motor emissions, including com11 munities that the Administrator identifies as being 

12 in either nonattainment or maintenance of the na13 tional ambient air quality standards for a criteria 

14 pollutant, particularly for— 

15 (A) ozone; and 

16 (B) particulate matter. 

17 (f) DATA RELEASE.—Not later than 120 days after 

18 the date on which an award of funds is made under this 

19 section, the Administrator shall publish on the website of 

20 the Environmental Protection Agency, on a downloadable 

21 electronic database, information with respect to such 

22 award of funds, including— 

23 (1) the name and location of the recipient; 

24 (2) the total amount of funds awarded; 


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1 (3) the intended use or uses of the awarded 

2 funds; 

3 (4) the date on which the award of funds was 

4 approved; 

5 (5) where applicable, an estimate of any air pol6 lution or greenhouse gas emissions avoided as a re7 sult of the project funded by the award; and 

8 (6) any other data the Administrator deter9 mines to be necessary for an evaluation of the use 

10 and effect of awarded funds provided under this sec11 tion. 

12 (g) REPORTS TO CONGRESS.— 

13 (1) ANNUAL REPORT TO CONGRESS.—Not later 

14 than 1 year after the date of the establishment of 

15 the pilot program under this section, and annually 

16 thereafter until amounts made available to carry out 

17 this section are expended, the Administrator shall 

18 submit to Congress and make available to the public 

19 a report that describes, with respect to the applica20 ble year— 

21 (A) the number of applications for awards 

22 of funds received under such program; 

23 (B) all awards of funds made under such 

24 program, including a summary of the data de25 scribed in subsection (f); 


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1 (C) the estimated reduction of annual 

2 emissions of air pollutants regulated under sec3 tion 109 of the Clean Air Act (42 U.S.C. 

4 7409), and the estimated reduction of green5 house gas emissions, associated with the awards 

6 of funds made under such program; 

7 (D) the number of awards of funds made 

8 under such program for projects in communities 

9 described in subsection (e)(3); and 

10 (E) any other data the Administrator de11 termines to be necessary to describe the imple12 mentation, outcomes, or effectiveness of such 

13 program. 

14 (2) FINAL REPORT.—Not later than 1 year 

15 after amounts made available to carry out this sec16 tion are expended, or 5 years after the pilot program 

17 is established, whichever comes first, the Adminis18 trator shall submit to Congress and make available 

19 to the public a report that describes— 

20 (A) all of the information collected for the 

21 annual reports under paragraph (1); 

22 (B) any benefits to the environment or 

23 human health that could result from the wide24 spread application of electric transport refrig25 eration units for short-haul transportation and 


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1 delivery of perishable goods or other goods re2 quiring climate-controlled conditions, including 

3 in low-income communities and communities of 

4 color; 

5 (C) any challenges or benefits that recipi6 ents of awards of funds under such program re7 ported with respect to the integration or use of 

8 electric transport refrigeration units and associ9 ated technologies; 

10 (D) an assessment of the national market 

11 potential for electric transport refrigeration 

12 units; 

13 (E) an assessment of challenges and op14 portunities for widespread deployment of elec15 tric transport refrigeration units, including in 

16 urban areas; and 

17 (F) recommendations for how future Fed18 eral, State, and local programs can best support 

19 the adoption and widespread deployment of 

20 electric transport refrigeration units. 

21 (h) DEFINITIONS.—In this section: 

22 (1) ADMINISTRATOR.—The term ‘‘Adminis23 trator’’ means the Administrator of the Environ24 mental Protection Agency. 


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1 (2) DIESEL-POWERED TRANSPORT REFRIGERA2 TION UNIT.—The term ‘‘diesel-powered transport re3 frigeration unit’’ means a transport refrigeration 

4 unit that is powered by an independent diesel inter5 nal combustion engine. 

6 (3) ELECTRIC TRANSPORT REFRIGERATION

7 UNIT.—The term ‘‘electric transport refrigeration 

8 unit’’ means a transport refrigeration unit in which 

9 the refrigeration or climate-control system is driven 

10 by an electric motor when connected to shore power 

11 infrastructure or other equipment that enables 

12 transport refrigeration units to connect to electric 

13 power, including all-electric transport refrigeration 

14 units, hybrid electric transport refrigeration units, 

15 and standby electric transport refrigeration units. 

16 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti17 ty’’ means— 

18 (A) a regional, State, local, or Tribal agen19 cy, or port authority, with jurisdiction over 

20 transportation or air quality; 

21 (B) a nonprofit organization or institution 

22 that— 

23 (i) represents or provides pollution re24 duction or educational services to persons 

25 or organizations that own or operate 


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1 heavy-duty vehicles or fleets of heavy-duty 

2 vehicles; or 

3 (ii) has, as its principal purpose, the 

4 promotion of air quality; 

5 (C) an individual or entity that is the 

6 owner of record of a heavy-duty vehicle or a 

7 fleet of heavy-duty vehicles that operates for the 

8 transportation and delivery of perishable goods 

9 or other goods requiring climate-controlled con10 ditions; 

11 (D) an individual or entity that is the 

12 owner of record of a facility that operates as a 

13 warehouse or storage facility for perishable 

14 goods or other goods requiring climate-con15 trolled conditions; or 

16 (E) a hospital or public health institution 

17 that utilizes refrigeration for storage of perish18 able goods or other goods requiring climate-con19 trolled conditions. 

20 (5) HEAVY-DUTY VEHICLE.—The term ‘‘heavy21 duty vehicle’’ means— 

22 (A) a commercial truck or van— 

23 (i) used for the primary purpose of 

24 transporting perishable goods or other 


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1 goods requiring climate-controlled condi2 tions; and 

3 (ii) with a gross vehicle weight rating 

4 greater than 6,000 pounds; or 

5 (B) an insulated cargo trailer used in 

6 transporting perishable goods or other goods re7 quiring climate-controlled conditions when 

8 mounted on a semitrailer. 

9 (6) SHORE POWER INFRASTRUCTURE.—The 

10 term ‘‘shore power infrastructure’’ means electrical 

11 infrastructure that provides power to the electric 

12 transport refrigeration unit of a heavy-duty vehicle 

13 when such vehicle is stationary on a property where 

14 such vehicle is parked or loaded, including a food 

15 distribution center or other location where heavy16 duty vehicles congregate. 

17 (7) TRANSPORT REFRIGERATION UNIT.—The 

18 term ‘‘transport refrigeration unit’’ means a climate19 control system installed on a heavy-duty vehicle for 

20 the purpose of maintaining the quality of perishable 

21 goods or other goods requiring climate-controlled 

22 conditions. 

23 (i) AUTHORIZATION OF APPROPRIATIONS.— 


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1 (1) IN GENERAL.—There is authorized to be 

2 appropriated to carry out this section $10,000,000, 

3 to remain available until expended. 

4 (2) ADMINISTRATIVE EXPENSES.—The Admin5 istrator may use not more than 1 percent of 

6 amounts made available pursuant to paragraph (1) 

7 for administrative expenses to carry out this section. 

8 Subtitle H—Low-Carbon Fuels 

9 SEC. 6801. STUDY BY NATIONAL ACADEMY OF SCIENCES. 

10 (a) IN GENERAL.—The Administrator of the Envi11 ronmental Protection Agency, after consultation with the 

12 Secretary of Energy and the Secretary of Agriculture, 

13 shall seek to enter into an agreement with the National 

14 Academy of Sciences (or, if the Academy declines, another 

15 appropriate entity) under which the Academy (or other ap16 propriate entity) agrees to— 

17 (1) assess current methods for life cycle green18 house gas emissions analyses for low-carbon trans19 portation fuels in the United States; and 

20 (2) develop a framework for assessing broader 

21 environmental implications of low-carbon transpor22 tation fuels in addition to greenhouse gas emissions. 

23 (b) TIMING OF AGREEMENT.—The Administrator 

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1 section (a) not later than 60 days after the date of enact2 ment of this Act. 

3 (c) ASSESSMENT.—The assessment pursuant to sub4 section (a)(1) shall examine methods for calculating life 

5 cycle greenhouse gas emissions associated with transpor6 tation fuels (liquid and nonliquid), including— 

7 (1) direct greenhouse gas emissions, including 

8 all stages of fuel and feedstock production, distribu9 tion, and use; and 

10 (2) potentially significant indirect greenhouse 

11 gas emissions. 

12 (d) FRAMEWORK.—The framework pursuant to sub13 section (a)(2) shall include a recommended framework and 

14 approaches for detailed quantitative assessments of the 

15 comparative environmental implications of low-carbon 

16 transportation fuels (liquid and nonliquid), including— 

17 (1) life cycle implications for air, water, land, 

18 and ecosystems in different regions of the United 

19 States and over time; and 

20 (2) potential environmental implications over 

21 the life cycle of transportation fuels for low-income 

22 and disadvantaged communities and communities of 

23 color. 


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1 (e) REPORTS.—The agreement under subsection (a) 

2 shall provide for the publication by the Academy (or other 

3 appropriate entity) of— 

4 (1) not later than 12 months after the date of 

5 enactment of this Act, a report— 

6 (A) describing the results of the assess7 ment under subsection (a)(1); and 

8 (B) recommending a standardized ap9 proach to calculating life cycle greenhouse gas 

10 emissions from low-carbon transportation fuels 

11 (liquid and nonliquid); and 

12 (2) not later than 18 months after the date of 

13 enactment of this Act, a report providing rec14 ommendations for a framework to assess environ15 mental implications, in addition to greenhouse gas 

16 emissions, of low-carbon transportation fuels (liquid 

17 and nonliquid). 

18 (f) DEFINITIONS.—In this section: 

19 (1) ACADEMY.—The term ‘‘Academy’’ means 

20 the National Academy of Sciences. 

21 (2) ADMINISTRATOR.—The term ‘‘Adminis22 trator’’ means the Administrator of the Environ23 mental Protection Agency. 

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1 sions’’ means the aggregate quantity of greenhouse 

2 gas emissions (including direct emissions and signifi3 cant indirect emissions such as significant emissions 

4 from land use changes), as determined by the Acad5 emy (or other appropriate entity) over the full life 

6 cycle of the respective greenhouse gases, across all 

7 stages of a given fuel’s supply chain, where the mass 

8 values for all greenhouse gases are adjusted to ac9 count for their relative global warming potential and 

10 residence time. 

11 (4) OTHER APPROPRIATE ENTITY.—The term 

12 ‘‘other appropriate entity’’ means the other appro13 priate entity with which the agreement under sub14 section (a) is entered into if the Academy declines 

15 to enter into the agreement. 

16 Subtitle I—Climate Action 

17 Planning for Ports 

18 SEC. 6901. GRANTS TO REDUCE GREENHOUSE GAS EMIS19 SIONS AT PORTS. 

20 (a) GRANTS.—The Administrator of the Environ21 mental Protection Agency may award grants to eligible en22 tities— 

23 (1) to implement plans to reduce greenhouse 

24 gas emissions at one or more ports or port facilities 


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1 within the jurisdictions of the respective eligible enti2 ties; and 

3 (2) to develop climate action plans described in 

4 subsection (b)(2). 

5 (b) APPLICATION.— 

6 (1) IN GENERAL.—To seek a grant under this 

7 section, an eligible entity shall submit an application 

8 to the Administrator of the Environmental Protec9 tion Agency at such time, in such manner, and con10 taining such information and assurances as the Ad11 ministrator may require. 

12 (2) CLIMATE ACTION PLAN.—At a minimum, 

13 each such application shall contain— 

14 (A) a detailed and strategic plan, to be 

15 known as a climate action plan, that outlines 

16 how the eligible entity will develop and imple17 ment climate change mitigation or adaptation 

18 measures through the grant; or 

19 (B) a request pursuant to subsection 

20 (a)(2) for funding for the development of a cli21 mate action plan. 

22 (3) REQUIRED COMPONENTS.—A climate action 

23 plan under paragraph (2) shall demonstrate that the 

24 measures proposed to be implemented through the 

25 grant— 


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1 (A) will reduce greenhouse gas emissions 

2 at the port or port facilities involved pursuant 

3 to greenhouse gas emission reduction goals set 

4 forth in the climate action plan; 

5 (B) will reduce other air pollutants at the 

6 port or port facilities involved pursuant to cri7 teria pollutant emission reduction goals set 

8 forth in the climate action plan; 

9 (C) will implement emissions accounting 

10 and inventory practices to determine baseline 

11 emissions and measure progress; and 

12 (D) will ensure labor protections for work13 ers employed directly at the port or port facili14 ties involved, including by— 

15 (i) demonstrating that implementation 

16 of the measures proposed to be imple17 mented through the grant will not result in 

18 a net loss of jobs at the port or port facili19 ties involved; 

20 (ii) ensuring that laborers and me21 chanics employed by contractors and sub22 contractors on construction projects to im23 plement the plan will be paid wages not 

24 less than those prevailing on similar con25 struction in the locality, as determined by 


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1 the Secretary of Labor under sections 

2 3141 through 3144, 3146, and 3147 of 

3 title 40, United States Code; and 

4 (iii) requiring any projects initiated to 

5 carry out the plan with total capital costs 

6 of $1,000,000 or greater to utilize a 

7 project labor agreement and not impact 

8 any preexisting project labor agreement. 

9 (4) OTHER COMPONENTS.—In addition to the 

10 components required by paragraph (3), a climate ac11 tion plan under paragraph (2) shall demonstrate 

12 that the measures proposed to be implemented 

13 through the grant will do at least 2 of the following: 

14 (A) Improve energy efficiency at a port or 

15 port facility, including by using— 

16 (i) energy-efficient vehicles, such as 

17 hybrid, low-emission, or zero-emission vehi18 cles; 

19 (ii) energy efficient cargo-handling, 

20 harbor vessels, or storage facilities such as 

21 energy-efficient refrigeration equipment; 

22 (iii) energy-efficient lighting; 

23 (iv) shore power; or 

24 (v) other energy efficiency improve25 ments. 


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1 (B) Deploy technology or processes that 

2 reduce idling of vehicles at a port or port facil3 ity. 

4 (C) Reduce the direct emissions of green5 house gases and other air pollutants with a goal 

6 of achieving zero emissions, including by replac7 ing and retrofitting equipment (including vehi8 cles onsite, cargo-handling equipment, or harbor 

9 vessels) at a port or port facility. 

10 (5) PROHIBITED USE.—An eligible entity may 

11 not use a grant provided under this section— 

12 (A) to purchase fully automated cargo han13 dling equipment; 

14 (B) to build, or plan to build, terminal in15 frastructure that is designed for fully auto16 mated cargo handling equipment; 

17 (C) to purchase, test, or develop highly 

18 automated trucks, chassis, or any related equip19 ment that can be used to transport container20 ized freight; or 

21 (D) to extend to any independent con22 tractor, independent owner, operator, or other 

23 entity that is not using employees for the sake 

24 of performing work on terminal grounds. 


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1 (6) COORDINATION WITH STAKEHOLDERS.—In 

2 developing a climate action plan under paragraph 

3 (2), an eligible entity shall— 

4 (A) identify and collaborate with stake5 holders who may be affected by the plan, in6 cluding local environmental justice communities 

7 and other near-port communities; 

8 (B) address the potential cumulative ef9 fects of the plan on stakeholders when those ef10 fects may have a community-level impact; and 

11 (C) ensure effective advance communica12 tion with stakeholders to avoid and minimize 

13 conflicts. 

14 (c) PRIORITY.—In awarding grants under this sec15 tion, the Administrator of the Environmental Protection 

16 Agency shall give priority to applicants proposing— 

17 (1) to strive for zero emissions as a key strat18 egy within the grantee’s climate action plan under 

19 paragraph (2); 

20 (2) to take a regional approach to reducing 

21 greenhouse gas emissions at ports; 

22 (3) to collaborate with near-port communities to 

23 identify and implement mutual solutions to reduce 

24 air pollutants at ports or port facilities affecting 

25 such communities, with emphasis given to implemenVerDate Sep 11 2014 00:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00731 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.RFS H4447

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1 tation of such solutions in near-port communities 

2 that are environmental justice communities; 

3 (4) to implement activities with off-site benefits, 

4 such as by reducing air pollutants from vehicles, 

5 equipment, and vessels at sites other than the port 

6 or port facilities involved; and 

7 (5) to reduce localized health risk pursuant to 

8 health risk reduction goals that are set within the 

9 grantee’s climate action plan under paragraph (2). 

10 (d) MODEL METHODOLOGIES.—The Administrator 

11 of the Environmental Protection Agency shall— 

12 (1) develop model methodologies which grantees 

13 under this section may choose to use for emissions 

14 accounting and inventory practices referred to in 

15 subsection (b)(3)(C); and 

16 (2) ensure that such methodologies are designed 

17 to measure progress in reducing air pollution at 

18 near-port communities. 

19 (e) DEFINITIONS.—In this section: 

20 (1) The term ‘‘Administrator’’ means the Ad21 ministrator of the Environmental Protection Agency. 

22 (2) The term ‘‘cargo-handling equipment’’ in23 cludes— 

24 (A) ship-to-shore container cranes and 

25 other cranes; 


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1 (B) container-handling equipment; and 

2 (C) equipment for moving or handling 

3 cargo, including trucks, reachstackers, 

4 toploaders, and forklifts. 

5 (3) The term ‘‘eligible entity’’ means— 

6 (A) a port authority; 

7 (B) a State, regional, local, or Tribal agen8 cy that has jurisdiction over a port authority or 

9 a port; 

10 (C) an air pollution control district; or 

11 (D) a private entity (including any non12 profit organization) that— 

13 (i) applies for a grant under this sec14 tion in collaboration with an entity de15 scribed in subparagraph (A), (B), or (C) ; 

16 and 

17 (ii) owns, operates, or uses a port fa18 cility, cargo equipment, transportation 

19 equipment, related technology, or a ware20 house facility at a port or port facility. 

21 (4) The term ‘‘environmental justice commu22 nity’’ means a community with significant represen23 tation of communities of color, low-income commu24 nities, or Tribal and indigenous communities, that 


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1 experiences, or is at risk of experiencing, higher or 

2 more adverse human health or environmental effects. 

3 (5) The term ‘‘harbor vessel’’ includes a ship, 

4 boat, lighter, or maritime vessel designed for service 

5 at and around harbors and ports. 

6 (6) The term ‘‘inland port’’ means a logistics or 

7 distribution hub that is located inland from navi8 gable waters, where cargo, such as break-bulk cargo 

9 or cargo in shipping containers, is processed, stored, 

10 and transferred between trucks, rail cars, or air11 craft. 

12 (7) The term ‘‘port’’ includes an inland port. 

13 (8) The term ‘‘stakeholder’’ means residents, 

14 community groups, businesses, business owners, 

15 labor unions, commission members, or groups from 

16 which a near-port community draws its resources 

17 that— 

18 (A) have interest in the climate action plan 

19 of a grantee under this section; or 

20 (B) can affect or be affected by the objec21 tives and policies of such a climate action plan. 

22 (f) AUTHORIZATION OF APPROPRIATIONS.— 

23 (1) IN GENERAL.—To carry out this subtitle, 

24 there is authorized to be appropriated $250,000,000 

25 for each of fiscal years 2021 through 2025. 


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1 (2) DEVELOPMENT OF CLIMATE ACTION

2 PLANS.—In addition to the authorization of appro3 priations in paragraph (1), there is authorized to be 

4 appropriated for grants pursuant to subsection 

5 (a)(2) to develop climate action plans $50,000,000 

6 for fiscal year 2021, to remain available until ex7 pended. 

8 Subtitle J—Research and 

9 Development 

10 SEC. 6911. DEFINITIONS. 

11 In this subtitle: 

12 (1) ALTERNATIVE FUEL.—The term ‘‘alter13 native fuel’’ means a fuel that is sustainably pro14 duced and, or, that results in a significant reduction 

15 in carbon dioxide (CO2) emissions, or other particu16 late or toxic emissions, over the lifecycle of such fuel. 

17 (2) DEPARTMENT.—The term ‘‘Department’’ 

18 means the Department of Energy. 

19 (3) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Energy. 

21 SEC. 6912. VEHICLE RESEARCH AND DEVELOPMENT. 

22 (a) IN GENERAL.—The Secretary shall conduct a 

23 program of research, development, and demonstration ac24 tivities on more efficient and sustainable materials, tech25 nologies, and processes with the potential to substantially 


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1 reduce or eliminate petroleum from the manufacture, use, 

2 and the emissions of the passenger and commercial vehi3 cles with lower cost of vehicle manufacturing and owner4 ship, including activities in the areas of— 

5 (1) electrification of vehicle systems; including 

6 compact and efficient electric drivetrain systems; 

7 (2) power electronics, electric machines, and 

8 electric machine drive systems, including— 

9 (A) electronic motors, including advanced 

10 inverters and motors that can be used for pas11 senger vehicles and commercial vehicles; 

12 (B) magnetic materials, including perma13 nent magnets with reduced or no critical mate14 rials; 

15 (C) improving partial load efficiency; 

16 (D) design of power electronics and electric 

17 motor technologies that enable efficient recy18 cling of critical materials; and 

19 (E) other technically feasible areas for 

20 power electronics and electric machine ad21 vances. 

22 (3) vehicle batteries and relevant systems, in23 cluding— 


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1 (A) advanced batteries systems, 

2 ultracapacitors, and other competitive energy 

3 storage devices; 

4 (B) the development of common inter5 connection protocols, specifications, and archi6 tecture for both transportation and stationary 

7 battery applications; 

8 (C) improving energy density and capacity, 

9 recharging robustness, extreme fast charging 

10 and wireless charging capabilities, and effi11 ciencies to lower cost; 

12 (D) thermal management of battery sys13 tems; 

14 (E) improving efficient use, substitution, 

15 and recycling of potentially critical materials in 

16 vehicles, including rare earth elements and pre17 cious metals, at risk of supply disruption; and 

18 (F) advanced battery protection systems 

19 for safe handling of high voltage power; 

20 (4) vehicle, component, and subsystem manu21 facturing technologies and processes; 

22 (5) vehicle systems and components, includ23 ing— 

24 (A) engine efficiency and combustion opti25 mization; 


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1 (B) waste heat recovery; 

2 (C) transmission and drivetrains; 

3 (D) advanced boosting systems; 

4 (E) idle reduction systems and compo5 nents; 

6 (F) innovative propulsion systems; and 

7 (G) vehicle fuel cells and relevant systems; 

8 (6) hybrid and alternative fuel vehicles, includ9 ing— 

10 (A) vehicle fuel cells and relevant systems, 

11 including power electronics systems to regulate 

12 the fuel cell voltages; 

13 (B) synthetic fuels from recycled CO2 and 

14 net-zero carbon liquid fuels; and 

15 (C) advanced biofuel technologies; 

16 (7) aftertreatment technologies, aerodynamics, 

17 rolling resistance (including tires and wheel assem18 blies), accessory power loads of vehicles and associ19 ated equipment, friction and wear reduction, and lu20 bricants for hybrid and electric vehicles; 

21 (8) vehicle weight reduction, including— 

22 (A) more sustainable and cost-effective 

23 lightweighting materials; and 

24 (B) the development of higher efficiency 

25 manufacturing processes to make sustainable 


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1 lightweight materials and fabricate, assemble, 

2 and use dissimilar materials, including— 

3 (i) lightweighted systems which com4 bine several existing vehicle components; 

5 and 

6 (ii) voluntary, consensus-based stand7 ards for strategic lightweight materials; 

8 (9) improved vehicle recycling methods to in9 crease the recycled material content of feedstocks 

10 used in raw material manufacturing; 

11 (10) vehicle propulsion systems, including— 

12 (A) engine and component durability; 

13 (B) engine down speeding; 

14 (C) engine compatibility with and optimi15 zation for a variety of transportation fuels, in16 cluding biofuels, synthetic fuels, and other liq17 uid and gaseous fuels; 

18 (D) advanced internal combustion engines; 

19 (E) transmission gear and engine oper20 ation matching; and 

21 (F) advanced transmission technologies; 

22 (11) predictive engineering, modeling, and sim23 ulation of components, vehicle and transportation 

24 systems; 


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1 (12) leveraging automation in both vehicle and 

2 infrastructure systems; 

3 (13) infrastructure, including— 

4 (A) refueling and charging infrastructure 

5 for alternative fueled and electric drive or plug6 in electric hybrid vehicles, including the unique 

7 challenges facing rural areas; 

8 (B) extreme fast wired and wireless charg9 ing systems; 

10 (C) integration, bidirectional capability, 

11 and operational optimization of vehicle elec12 trification for light, medium, and heavy duty 

13 with the charging infrastructure and the grid; 

14 and 

15 (D) sensing, communications, and actu16 ation technologies for vehicle, electric grid, and 

17 infrastructure, including— 

18 (i) communication and connectivity 

19 among vehicles, infrastructure, and the 

20 electrical grid; and 

21 (ii) vehicle-to-vehicle, vehicle-to-pedes22 trian, vehicle-to-cloud, and vehicle-to-infra23 structure technologies; 

24 (14) retrofitting advanced vehicle technologies 

25 to existing vehicles; 


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1 (15) transportation system analysis to further 

2 understand the energy implications and opportuni3 ties of advanced mobility solutions, including— 

4 (A) advanced vehicle technologies, includ5 ing automation; 

6 (B) new mobility business models, real 

7 time information, transit, and micro mobility 

8 choices; 

9 (C) consumer travel decisions and e-com10 merce engagement, including travel behavior 

11 and potential strategies for reducing vehicle 

12 miles traveled to reduce emissions; 

13 (D) goods movement and delivery inter14 actions, including with car transport; 

15 (E) infrastructure advancements and link16 age with vehicle-to-everything, 

17 (F) quantification of technology, policy, 

18 and investment decisions on mobility, access, 

19 equity, and the environment; and 

20 (G) overall system optimization; 

21 (16) aligned industry standards for strategic 

22 lightweight materials; 

23 (17) energy efficient advanced computing sys24 tems, technology, and networking for vehicular on25 board, off-board, and edge computing applications; 


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1 (18) identifying strategies to mitigate the long2 term ramification of vehicle and mobility technology 

3 research, development, and demonstration stemming 

4 from events such as economic downturns; and 

5 (19) other innovative technologies research and 

6 development as determined by the Secretary. 

7 (b) SECURITY OF ON-ROAD TRANSPORTATION.— 

8 (1) IN GENERAL.—The Secretary, in coordina9 tion with other relevant Federal agencies, shall es10 tablish a research and development program focused 

11 on the cyber and physical security of interconnec12 tions between vehicles, charging equipment, build13 ings, and the grid for plug-in electric vehicles, con14 nected vehicles, and autonomous vehicles, including 

15 the security impacts, efficiency, and safety of plug16 in electric vehicles using alternating current charg17 ing, high-power direct current fast charging, and ex18 treme fast charging, defined as charge rates of 

19 350kW and above. 

20 (2) ASSESSMENT.—The Secretary shall develop 

21 an assessment of emergent cybersecurity threats and 

22 vulnerabilities to the United States on-road trans23 portation system and connected infrastructure with 

24 5- to 10-year impact by identifying areas of research 

25 where Federal cross-agency research coordination 


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1 and cooperation will help address such threats and 

2 vulnerabilities. 

3 (3) REPORT.—Not later than 180 days after 

4 the date of enactment of this Act, the Secretary 

5 shall submit to the Committee on Science, Space, 

6 and Technology of the House of Representatives, 

7 and the Committee on Energy and Natural Re8 sources of the Senate a report summarizing the cur9 rent research and challenges associated with cyber10 physical protection and resiliency of electric and con11 nected and automated vehicle technologies. 

12 (c) VEHICLE ENERGY STORAGE SYSTEM SAFETY.— 

13 (1) IN GENERAL.—The Secretary shall support 

14 a program of research, development, and demonstra15 tion of vehicle energy storage safety and reliability. 

16 (2) ACTIVITIES.—In carrying out this section, 

17 the Secretary shall support activities to— 

18 (A) research the mechanisms that lead to 

19 vehicle energy storage system safety and reli20 ability incidents; 

21 (B) develop new materials to improve over22 all vehicle energy storage system safety and 

23 abuse tolerance; 

24 (C) perform abuse testing; 

25 (D) advance testing techniques; 


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1 (E) demonstrate detailed failure analyses; 

2 (F) develop strategies to mitigate vehicle 

3 energy storage cell and system failures; and 

4 (G) development of crush-induced battery 

5 safety protocols and standards to improve 

6 robustness. 

7 (d) VEHICLE TECHNOLOGIES ADVISORY COM8 MITTEE.— 

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

10 after the date of enactment of this Act, the Sec11 retary shall establish the Advanced Vehicle Tech12 nologies Advisory Committee (in this section referred 

13 to as the ‘‘advisory committee’’) to advise the Sec14 retary on vehicle technology and mobility system re15 search advancements. The advisory committee shall 

16 be composed of not fewer than 15 members, includ17 ing representatives of research and academic institu18 tions, environmental organizations, industry, and 

19 nongovernmental entities, who are qualified to pro20 vide advice on the research, development, and dem21 onstration activities under this Act (in this section 

22 referred to as the DOE Vehicle Program). 

23 (2) ASSESSMENT.—The advisory committee 

24 shall assess— 


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1 (A) the current state of United States 

2 competitiveness in advancing vehicle tech3 nologies and mobility systems, including— 

4 (i) the scope and scale of United 

5 States investments in sustainable transpor6 tation research, development, demonstra7 tion, and 

8 (ii) research, development, and dem9 onstration activities to lower vehicle and 

10 fuel lifecycle emissions; 

11 (B) progress made in implementing the 

12 DOE Vehicle Program, including progress of 

13 research activities to lower vehicle emissions, 

14 considering emissions at each stage of the vehi15 cle and fuel lifecycle; 

16 (C) the need to revise the DOE Vehicle 

17 Program; 

18 (D) the balance of activities and funding 

19 across the DOE Vehicle Program; 

20 (E) the management, coordination, imple21 mentation, and activities of the DOE Vehicle 

22 Program; 

23 (F) whether environmental, safety, secu24 rity, and other appropriate societal issues are 


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1 adequately addressed by the DOE Vehicle Tech2 nologies Program; and 

3 (G) other relevant topics as decided by the 

4 Secretary. 

5 (3) REPORTS.—Not later than 2 years after the 

6 date of enactment of this Act, and not less fre7 quently than once every 3 years thereafter, the advi8 sory committee shall submit to the Secretary, the 

9 Committee on Science, Space, and Technology of the 

10 House of Representatives a report on— 

11 (A) the findings of the advisory commit12 tee’s assessment under paragraph (1); and 

13 (B) the advisory committee’s recommenda14 tions for ways to improve the DOE Vehicle Pro15 gram. 

16 (4) APPLICATION OF FEDERAL ADVISORY COM17 MITTEE ACT.—Section 14 of the Federal Advisory 

18 Committee Act (5 U.S.C. App.) shall not apply to 

19 the Advisory Committee. 

20 (e) INTERAGENCY AND INTRAAGENCY COORDINA21 TION.—To the maximum extent practicable, the Secretary 

22 shall coordinate research, development, and demonstration 

23 activities among— 

24 (1) relevant programs within the Department, 

25 including— 


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1 (A) the Office of Energy Efficiency and 

2 Renewable Energy; 

3 (B) the Office of Science; 

4 (C) the Office of Electricity; 

5 (D) the Office of Fossil Energy; 

6 (E) the Office of Cybersecurity, Energy 

7 Security, and Emergency Response; 

8 (F) the Advanced Research Projects Agen9 cy—Energy; and 

10 (G) other offices as determined by the Sec11 retary; and 

12 (2) relevant technology research and develop13 ment programs within other Federal agencies, in14 cluding— 

15 (A) the Department of Transportation; 

16 (B) National Institute of Standards & 

17 Technology; 

18 (C) National Science Foundation; and 

19 (D) other Federal agencies as determined 

20 by the Secretary. 

21 (f) INTERGOVERNMENTAL COORDINATION.—The 

22 Secretary shall seek opportunities to leverage resources 

23 and support initiatives of Federal, State, and local govern24 ments in developing and promoting advanced vehicle tech25 nologies, manufacturing, and infrastructure. 


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1 (g) SECONDARY USE APPLICATIONS OF VEHICLE

2 BATTERIES.— 

3 (1) IN GENERAL.—The Secretary shall carry 

4 out a research, development, and demonstration pro5 gram that— 

6 (A) builds on any work carried out under 

7 section 915 of the Energy Policy Act of 2005 

8 (42 U.S.C. 16195); 

9 (B) identifies possible uses of a vehicle bat10 tery after the useful life of the battery in a ve11 hicle has been exhausted; 

12 (C) conducts long-term testing to verify 

13 performance and degradation predictions and 

14 lifetime valuations for secondary uses; 

15 (D) evaluates innovative approaches to re16 cycling materials from plug-in electric drive ve17 hicles and the batteries used in plug-in electric 

18 drive vehicles; 

19 (E) assesses the potential for markets for 

20 uses described in subparagraph (B) to develop; 

21 and 

22 (F) identifies any barriers to the develop23 ment of those markets; 

24 (G) identifies the potential uses of a vehi25 cle battery— 


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1 (i) with the most promise for market 

2 development; and 

3 (ii) for which market development 

4 would be aided by a demonstration project. 

5 (2) REPORT.—Not later than 18 months after 

6 the date of enactment of this Act, the Secretary 

7 shall submit to the appropriate committees of Con8 gress an initial report on the findings of the pro9 gram described in paragraph (1), including rec10 ommendations for stationary energy storage and 

11 other potential applications for batteries used in 

12 plug-in electric drive vehicles. 

13 (3) SECONDARY USE DEMONSTRATION.— 

14 (A) IN GENERAL.—Based on the results of 

15 the program described in paragraph (1), the 

16 Secretary shall develop guidelines for projects 

17 that demonstrate the secondary uses and inno18 vative recycling of vehicle batteries. 

19 (B) PUBLICATION OF GUIDELINES.—Not 

20 later than 18 months after the date of enact21 ment of this Act, the Secretary shall— 

22 (i) publish the guidelines described in 

23 subparagraph (A); and 

24 (ii) solicit applications for funding for 

25 demonstration projects. 


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1 (5) PILOT DEMONSTRATION PROGRAM.—Not 

2 later than 2 years after the date of enactment of 

3 this Act, the Secretary shall select proposals for 

4 Federal financial assistance under this subsection, 

5 based on an assessment of which proposals are 

6 mostly likely to contribute to the development of a 

7 secondary market for vehicle batteries. 

8 (h) STUDY TO EXAMINE BATTERY SCIENCE AND

9 TECHNOLOGY PATHWAYS.— 

10 (1) IN GENERAL.—The Secretary shall enter 

11 into an agreement with the National Academies of 

12 Sciences, Engineering, and Medicine under which 

13 the National Academies agree to conduct a study on 

14 battery technologies to advance research toward a 

15 resilient and low-carbon transportation system and 

16 electric grid. Such study shall— 

17 (A) identify promising battery technologies; 

18 (B) recommend research priorities to sup19 port the development of sustainable battery 

20 value chains, including analyzing human rights, 

21 environmental impacts, and recycling and reuse 

22 infrastructure; 

23 (C) examine market, policy, and technology 

24 barriers to their development; and 


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1 (D) recommend strategic research prior2 ities on technology pathways to develop afford3 able, sustainable, safe, efficient, and long-last4 ing batteries to meet future transportation and 

5 energy storage demands. 

6 (2) REPORT.—The agreement entered into 

7 under subsection (a) shall include a requirement 

8 that the National Academies, not later than 24 

9 months after the date of enactment of this Act, sub10 mit to the House Committee on Science, Space and 

11 Technology, and the Senate Committee on Energy 

12 and Natural Resources a report on the results of the 

13 study conducted pursuant to such subsection. 

14 SEC. 6913. RESEARCH AND DEVELOPMENT PROGRAM FOR 

15 ADVANCED VEHICLE MANUFACTURING TECH16 NOLOGIES. 

17 The Secretary shall carry out a research, develop18 ment, and demonstration program of advanced vehicle 

19 manufacturing technologies and practices, including inno20 vative, efficient, and sustainable processes— 

21 (1) to increase the production rate and decrease 

22 the cost of advanced battery and fuel cell manufac23 turing, including synthesis of precursor materials for 

24 electrodes; 


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1 (2) to develop technologies enabling flexible 

2 manufacturing facilities that can accommodate dif3 ferent battery chemistries and configurations; 

4 (3) to reduce or repurpose waste streams, re5 duce emissions, and energy intensity of vehicle, en6 gine, advanced battery, and component manufac7 turing processes; 

8 (4) to recycle and remanufacture used batteries 

9 and other vehicle components for reuse in vehicles or 

10 other applications; 

11 (5) to develop manufacturing and additive man12 ufacturing processes to fabricate, assemble, and 

13 produce cost-effective lightweight materials with en14 hanced functionality such as advanced aluminum, 

15 steel, and other metal alloys, advanced polymers, 

16 polymeric composites, and carbon fiber for use in ve17 hicles and related tooling; 

18 (6) to leverage the use of machine learning to19 ward manufacturing and additive manufacturing op20 timization; 

21 (7) to design and manufacture purpose-built hy22 drogen fuel cell vehicles, hydrogen fueling infrastruc23 ture, and components; 

24 (8) to improve the lifetime and reduce the 

25 lifecycle impacts of advanced batteries; and 


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1 (9) to reuse valuable components and materials 

2 such as permanent magnets and other electric drive 

3 components for advanced vehicles. 

4 SEC. 6914. AUTHORIZATION OF APPROPRIATIONS. 

5 There are authorized to be appropriated to the Sec6 retary for research, development, and demonstration, of 

7 alternative fuels, vehicle propulsion systems, vehicle com8 ponents, and other related technologies in the United 

9 States, including activities authorized under this sub10 title— 

11 (1) for fiscal year 2021, $396,000,000; 

12 (2) for fiscal year 2022, $415,800,000; 

13 (3) for fiscal year 2023, $436,590,000; 

14 (4) for fiscal year 2024, $458,419,500; and 

15 (5) for fiscal year 2025, $481,340,475. 

16 TITLE VII—ADVANCED RE17 SEARCH PROJECTS AGENCY— 

18 ENERGY 

19 SEC. 7001. ARPA–E AMENDMENTS. 

20 (a) ESTABLISHMENT.—Section 5012(b) of the Amer21 ica COMPETES Act (42 U.S.C. 16538(b)) is amended 

22 by striking ‘‘development of energy technologies’’ and in23 serting ‘‘development of transformative science and tech24 nology solutions to address the energy and environmental 

25 missions of the Department’’. 


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1 (b) GOALS.—Section 5012(c) of the America COM2 PETES Act (42 U.S.C. 16538(c)) is amended— 

3 (1) by striking paragraph (1)(A) and inserting 

4 the following: 

5 ‘‘(A) to enhance the economic and energy 

6 security of the United States through the devel7 opment of energy technologies that— 

8 ‘‘(i) reduce imports of energy from 

9 foreign sources; 

10 ‘‘(ii) reduce energy-related emissions, 

11 including greenhouse gases; 

12 ‘‘(iii) improve the energy efficiency of 

13 all economic sectors; 

14 ‘‘(iv) provide transformative solutions 

15 to improve the management, clean-up, and 

16 disposal of radioactive waste and spent nu17 clear fuel; and 

18 ‘‘(v) improve the resilience, reliability, 

19 and security of infrastructure to produce, 

20 deliver, and store energy; and’’; and 

21 (2) in paragraph (2), in the matter preceding 

22 subparagraph (A), by striking ‘‘energy technology 

23 projects’’ and inserting ‘‘advanced technology 

24 projects’’. 


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1 (c) RESPONSIBILITIES.—Section 5012(e)(3)(A) of 

2 the America COMPETES Act (42 U.S.C. 

3 16538(e)(3)(A)) is amended by striking ‘‘energy’’. 

4 (d) REPORTS AND ROADMAPS.—Section 5012(h) of 

5 the America COMPETES Act (42 U.S.C. 16538(h)) is 

6 amended to read as follows: 

7 ‘‘(h) REPORTS AND ROADMAPS.— 

8 ‘‘(1) ANNUAL REPORT.—As part of the annual 

9 budget request submitted for each fiscal year, the 

10 Director shall provide to the relevant authorizing 

11 and appropriations committees of Congress a report 

12 that— 

13 ‘‘(A) describes projects supported by 

14 ARPA–E during the previous fiscal year; 

15 ‘‘(B) describes projects supported by 

16 ARPA–E during the previous fiscal year that 

17 examine topics and technologies closely related 

18 to other activities funded by the Department, 

19 and includes an analysis of whether in sup20 porting such projects, the Director is in compli21 ance with subsection (i)(1); and 

22 ‘‘(C) describes current, proposed, and 

23 planned projects to be carried out pursuant to 

24 subsection (e)(3)(D). 


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1 ‘‘(2) STRATEGIC VISION ROADMAP.—Not later 

2 than October 1, 2021, and every four years there3 after, the Director shall provide to the relevant au4 thorizing and appropriations committees of Congress 

5 a roadmap describing the strategic vision that 

6 ARPA–E will use to guide the choices of ARPA–E 

7 for future technology investments over the following 

8 4 fiscal years.’’. 

9 (e) COORDINATION AND NONDUPLICATION.—Section 

10 5012(i)(1) of the America COMPETES Act (42 U.S.C. 

11 16538(i)(1)) is amended to read as follows: 

12 ‘‘(1) IN GENERAL.—To the maximum extent 

13 practicable, the Director shall ensure that— 

14 ‘‘(A) the activities of ARPA–E are coordi15 nated with, and do not duplicate the efforts of, 

16 programs and laboratories within the Depart17 ment and other relevant research agencies; and 

18 ‘‘(B) ARPA–E does not provide funding 

19 for a project unless the prospective grantee 

20 demonstrates sufficient attempts to secure pri21 vate financing or indicates that the project is 

22 not independently commercially viable.’’. 

23 (f) EVALUATION.—Section 5012(l) of the America 

24 COMPETES Act (42 U.S.C. 16538(l)) is amended— 


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1 (1) by striking paragraph (1) and inserting the 

2 following: 

3 ‘‘(1) IN GENERAL.—Not later than 3 years 

4 after the date of enactment of this paragraph, the 

5 Secretary is authorized to enter into a contract with 

6 the National Academy of Sciences under which the 

7 National Academy shall conduct an evaluation of 

8 how well ARPA–E is achieving the goals and mis9 sion of ARPA–E.’’; and 

10 (2) in paragraph (2)— 

11 (A) in the matter preceding subparagraph 

12 (A), by striking ‘‘shall’’ and inserting ‘‘may’’; 

13 and 

14 (B) in subparagraph (A), by striking ‘‘the 

15 recommendation of the National Academy of 

16 Sciences’’ and inserting ‘‘a recommendation’’. 

17 (g) AUTHORIZATION OF APPROPRIATIONS.—Para18 graph (2) of section 5012(o) of the America COMPETES 

19 Act (42 U.S.C. 16538(o)) is amended to read as follows: 

20 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

21 Subject to paragraph (4), there are authorized to be 

22 appropriated to the Director for deposit in the 

23 Fund, without fiscal year limitation— 

24 ‘‘(A) $497,000,000 for fiscal year 2021; 

25 ‘‘(B) $567,000,000 for fiscal year 2022; 


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1 ‘‘(C) $651,000,000 for fiscal year 2023; 

2 ‘‘(D) $750,000,000 for fiscal year 2024; 

3 and 

4 ‘‘(E) $875,000,000 for fiscal year 2025.’’. 

5 (h) TECHNICAL AMENDMENTS.—Section 5012 of the 

6 America COMPETES Act (42 U.S.C. 16538) is amend7 ed— 

8 (1) in subsection (g)(3)(A)(iii), by striking 

9 ‘‘subpart’’ each place it appears and inserting ‘‘sub10 paragraph’’; and 

11 (2) in subsection (o)(4)(B), by striking 

12 ‘‘(c)(2)(D)’’ and inserting ‘‘(c)(2)(C)’’. 

13 TITLE VIII—TECHNOLOGY 

14 TRANSFER 

15 SEC. 8001. DEFINITIONS. 

16 In this title: 

17 (1) CLEAN ENERGY TECHNOLOGY.—The term 

18 ‘‘clean energy technology’’ means a technology that 

19 significantly reduces energy use, increases energy ef20 ficiency, reduces greenhouse gas emissions, reduces 

21 emissions of other pollutants, or mitigates other neg22 ative environmental consequences. 

23 (2) DEPARTMENT.—The term ‘‘Department’’ 

24 means the Department of Energy. 


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1 (3) DIRECTOR.—The term ‘‘Director’’ means 

2 the Director of each National Laboratory and the 

3 Director of each Department of Energy single-pur4 pose research facility. 

5 (4) ECONOMICALLY DISTRESSED AREA.—The 

6 term ‘‘economically distressed area’’ has the mean7 ing described in section 301(a) of the Public Works 

8 and Economic Development Act of 1965 (42 U.S.C. 

9 3161(a)). 

10 (5) GRANT.—The term ‘‘grant’’ means a grant 

11 award, cooperative agreement award, or any other fi12 nancial assistance arrangement that the Secretary of 

13 Energy determines to be appropriate. 

14 (6) INSTITUTION OF HIGHER EDUCATION.—The 

15 term ‘‘institution of higher education’’ has the 

16 meaning given such term in the Higher Education 

17 Act of 1965, as amended (20 U.S.C. 1001). 

18 (7) NATIONAL LABORATORY.—The term ‘‘Na19 tional Laboratory’’ has the meaning given that term 

20 in section 2 of the Energy Policy Act of 2005 (42 

21 U.S.C. 15801). 

22 (8) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Energy. 


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1 Subtitle A—National Clean Energy 

2 Technology Transfer Programs 

3 SEC. 8101. REGIONAL CLEAN ENERGY INNOVATION PRO4 GRAM. 

5 (a) DEFINITIONS.—In this section: 

6 (1) REGIONAL CLEAN ENERGY INNOVATION

7 PARTNERSHIP.—The term ‘‘regional clean energy in8 novation partnership’’ means a group of one or more 

9 persons, including a covered consortium, who per10 form a collection of activities that are coordinated by 

11 such covered consortium to carry out the purposes 

12 of the program under subsection (c) in a region of 

13 the United States. 

14 (2) COVERED CONSORTIUM.—The term ‘‘cov15 ered consortium’’ means an individual or group of 

16 individuals in partnership with a government entity, 

17 including a State, local, or tribal government or unit 

18 of such government, and at least 2 or more of the 

19 following additional entities— 

20 (A) an institution of higher education or 

21 higher education consortium; 

22 (B) a workforce training provider, includ23 ing vocational schools and community colleges; 

24 (C) a private sector entity; 

25 (D) a nonprofit organization; 


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1 (E) a community group; 

2 (F) a labor group; 

3 (G) a National Laboratory; 

4 (H) a venture development organization; 

5 (I) an organization focused on clean energy 

6 technology innovation or entrepreneurship; 

7 (J) a business accelerator or incubator; 

8 (K) a private sector entity or group of en9 tities, including a trade or industry association; 

10 (L) an economic development organization; 

11 (M) a manufacturing facility or organiza12 tion; 

13 (N) a clean energy incubator or accel14 erator; or 

15 (O) any other entity that the Secretary de16 termines to be relevant. 

17 (3) PROGRAM.—The term ‘‘program’’ means 

18 the Regional Clean Energy Innovation Program au19 thorized in subsection (b). 

20 (4) FRONTLINE COMMUNITY.—The term 

21 ‘‘frontline community’’ means a community with sig22 nificant representation of communities of color, low23 income communities, or Tribal and indigenous com24 munities, that experiences, or is at risk of experiVerDate Sep 11 2014 00:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00761 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.RFS H4447

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1 encing higher or more adverse human health or envi2 ronmental effects. 

3 (b) IN GENERAL.—The Secretary shall establish a 

4 Regional Clean Energy Innovation Program designed to 

5 accelerate the pace of innovation of clean energy tech6 nologies through the formation or support of regional 

7 clean energy innovation partnerships that— 

8 (1) are responsive to the energy resources, 

9 needs of industry, workforce, policy landscape, and 

10 clean energy innovation capabilities of the region of 

11 the country in which such partnership is located; 

12 (2) enhance and accelerate clean energy innova13 tion; 

14 (3) are located in diverse geographic regions of 

15 the United States, including United States terri16 tories; and 

17 (4) improve economic development outcomes in 

18 economically distressed areas. 

19 (c) PURPOSES OF THE PROGRAM.—The purposes of 

20 the program established under subsection (a) are to— 

21 (1) improve the competitiveness of United 

22 States’ clean energy technology research, develop23 ment, demonstration, and commercial application; 

24 (2) to identify and leverage the competitive 

25 strengths of and address clean energy challenges 


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1 that are particular to diverse geographic regions of 

2 the United States to stimulate innovation in clean 

3 energy technologies; 

4 (3) support the development of clean energy in5 novation companies in diverse geographic regions of 

6 the United States; 

7 (4) promote the economic development of and 

8 enhance the economic resilience of diverse geo9 graphic regions of the United States; 

10 (5) support the development of tools and tech11 nologies best suited for use in low-income and front12 line communities; and 

13 (6) support the development of manufacturing 

14 capabilities and supply chains relevant to clean en15 ergy technologies in the United States. 

16 (d) REGIONAL CLEAN ENERGY INNOVATION PART17 NERSHIPS.— 

18 (1) IN GENERAL.—The Secretary shall competi19 tively award grants to covered consortia to establish 

20 or support regional clean energy innovation partner21 ships that achieve the purposes of the program in 

22 subsection (c). 

23 (2) PERMISSIBLE ACTIVITIES.—Grants awarded 

24 under this subsection shall be used for activities de25 termined appropriate by the Secretary to achieve the 


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1 purposes of the program in subsection (c), includ2 ing— 

3 (A) facilitating the commercial application 

4 of clean energy products, processes, and serv5 ices, including through research, development, 

6 demonstration, technology transfer, or support 

7 of clean energy companies; 

8 (B) planning among participants of a re9 gional clean energy innovation partnership to 

10 improve the strategic coordination of the part11 nership; 

12 (C) improving stakeholder involvement in 

13 the development of goals and activities of a re14 gional clean energy innovation partnership; 

15 (D) assessing different incentive mecha16 nisms for clean energy development and com17 mercial application in the region; 

18 (E) hosting events and conferences; and 

19 (F) establishing and updating roadmaps to 

20 measure progress on relevant goals, such as 

21 those relevant to metrics developed under sub22 section (g). 

23 (3) APPLICATIONS.—Each application sub24 mitted to the Secretary under paragraph (1) may in25 clude— 


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1 (A) a list of members and roles of mem2 bers of the covered consortia, as well as any 

3 other stakeholders supporting the activities of 

4 the regional clean energy innovation partner5 ship; 

6 (B) a description of the proposed outcomes 

7 of the regional clean energy innovation partner8 ship; 

9 (C) an assessment of the relevant clean en10 ergy innovation assets needed in a region to 

11 achieve proposed outcomes, such as education 

12 and training programs, research facilities, infra13 structure or site development, access to capital, 

14 manufacturing capabilities, or other assets; 

15 (D) a description of proposed activities 

16 that the regional clean energy innovation part17 nership plans to undertake and how the pro18 posed activities will achieve the purposes de19 scribed in subsection (c) and the proposed out20 comes in subparagraph (B); 

21 (E) a description of the geographical re22 gion that will engage in the partnership; 

23 (F) a plan for attracting additional funds 

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1 comes of the regional clean energy innovation 

2 partnership; and 

3 (G) a plan for sustaining activities of the 

4 regional clean energy innovation partnership 

5 after funds received under this program have 

6 been expended. 

7 (4) CONSIDERATIONS.—In selecting covered 

8 consortia for funding under the program, the Sec9 retary shall— 

10 (A) give special consideration to applica11 tions from entities located in an economically 

12 distressed area; and 

13 (B) ensure that there is geographic diver14 sity among the covered consortia selected to re15 ceive funding. 

16 (5) AWARD AMOUNT.—Grants given out under 

17 this Program shall be in an amount not greater than 

18 $10,000,000, with the total grant award in any year 

19 less than that in the previous year. 

20 (6) COST SHARE.—For grants that are dis21 bursed over the course of three or more years, the 

22 Secretary shall require, as a condition of receipt of 

23 funds under this section, that a covered consortium 

24 provide not less than 50 percent of the funding for 


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1 the activities of the regional clean energy partner2 ship under this section for years 3, 4, and 5. 

3 (7) DURATION.—Each grant under paragraph 

4 (1) shall be for a period of not longer than 5 years. 

5 (8) RENEWAL.—A grant award made to a re6 gional clean energy innovation partnership under 

7 this section may be renewed for a period of not more 

8 than 5 years, subject to a rigorous merit review 

9 based on the progress of a regional clean energy in10 novation partnership towards achieving the purposes 

11 of the program in subsection (c) and the metrics de12 veloped under subsection (g). 

13 (9) ADMINISTRATIVE COSTS.—The Secretary 

14 may allow a covered consortium that receives funds 

15 under this section to allocate a portion of the fund16 ing received to be used for administrative or indirect 

17 costs. 

18 (10) FUNDING.—The Secretary may accept 

19 funds from other Federal agencies to support fund20 ing and activities under this section. 

21 (e) PLANNING FUNDS.—The Secretary may competi22 tively award grants in an amount no greater than 

23 $2,000,000 for a period not longer than 2 years to an enti24 ty consisting of a government entity, including a State, 

25 local, or tribal government or unit of such government or 


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1 any entity listed under subsection (a)(2) to plan a regional 

2 clean energy innovation partnership or establish a covered 

3 consortium for the purpose of applying for funds under 

4 subsection (b). 

5 (f) INFORMATION SHARING.—As part of the pro6 gram, the Secretary shall support the gathering, analysis, 

7 and dissemination of information on best practices for de8 veloping and operating successful regional clean energy in9 novation partnerships. 

10 (g) METRICS.—In evaluating a grant renewals under 

11 section (d)(8), the Secretary shall work with program eval12 uation experts to develop and make publicly available 

13 metrics to assess the progress of a regional clean energy 

14 innovation partnership towards achieving the purposes of 

15 the program in section (c). Such metrics may include— 

16 (1) the number and quality of— 

17 (A) new clean energy companies created in 

18 the region as a result of activities carried out 

19 under the regional clean energy innovation part20 nership; 

21 (B) new or expanded workforce develop22 ment or training programs; and 

23 (C) support services provided to clean en24 ergy technology developers in the region. 


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1 (2) changes in clean energy employment in the 

2 region as a result of activities carried out under the 

3 regional clean energy innovation partnership ; and 

4 (3) the amount of capital investment in clean 

5 energy companies in the region as a result of activi6 ties carried out under the regional clean energy in7 novation partnership grant. 

8 (h) COORDINATION.—In carrying out the program, 

9 the Secretary may coordinate with relevant programs at 

10 other Federal agencies, including— 

11 (1) the Office of Innovation and Entrepreneur12 ship under the Economic Development Administra13 tion, including the Regional Innovation Program 

14 under section 27 of the Stevenson-Wydler Tech15 nology Innovation Act of 1980 (15 U.S.C. 3722); 

16 (2) the Hollings Manufacturing Extension Part17 nership Program under section 25(a) of the National 

18 Institute of Standards and Technology Act (15 

19 U.S.C. 278k); 

20 (3) the Manufacturing USA Program under 

21 section 34(a) of the National Institute of Standards 

22 and Technology Act (15 U.S.C. 278s); 

23 (4) the Defense Manufacturing Communities 

24 Support Program under section 846 of the John S. 


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1 McCain National Defense Authorization Act for Fis2 cal Year 2019 (10 U.S.C. 2501 note); and 

3 (5) the Office of Economic Adjustment at the 

4 Department of Defense. 

5 (i) EVALUATION BY COMPTROLLER GENERAL.—Not 

6 later than 3 years after the date of the enactment of this 

7 Act, and every 3 years thereafter, the Comptroller General 

8 shall submit to the Committee on Science, Space, and 

9 Technology of the House of Representatives and the Com10 mittee on Energy and Natural Resources of the Senate 

11 an evaluation on the operation of the program during the 

12 most recent 3-year period, including— 

13 (1) an assessment of the progress made towards 

14 achieving the purposes specified in subsection (c) 

15 based on the metrics developed under subsection (g); 

16 (2) the short-term and long-term metrics used 

17 to determine the success of the program under sub18 section (g), and any changes recommended to the 

19 metrics used; 

20 (3) the regional clean energy innovation part21 nerships that have received grants under subsection 

22 (d); and 

23 (4) any recommendations on how the program 

24 may be improved. 


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1 (j) NATIONAL LABORATORIES.—In supporting tech2 nology transfer activities at the National Laboratories, the 

3 Secretary shall encourage partnerships with entities that 

4 are located in the same region or State as a National Lab5 oratory. 

6 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to the Secretary to carry 

8 out this section $50,000,000 for each of fiscal years 2021 

9 through 2025. 

10 SEC. 8102. NATIONAL CLEAN ENERGY INCUBATOR PRO11 GRAM. 

12 (a) CLEAN ENERGY INCUBATOR DEFINED.—In this 

13 section, the term ‘‘clean energy incubator’’— 

14 (1) means any entity that is designed to accel15 erate the commercial application of clean energy 

16 technologies by providing— 

17 (A) physical workspace, labs, and proto18 typing facilities to support clean energy 

19 startups or established clean energy companies; 

20 or 

21 (B) companies developing such tech22 nologies with support, resources, and services, 

23 including— 

24 (i) access to business education and 

25 counseling; 


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1 (ii) mentorship opportunities; and 

2 (iii) other services rendered for the 

3 purpose of aiding the development and 

4 commercial application of a clean energy 

5 technology; and 

6 (2) may include a program within or established 

7 by a National Laboratory, an institution of higher 

8 education or a State, local, or tribal government. 

9 (b) PROGRAM ESTABLISHMENT.—Not later than 180 

10 days after the enactment of this Act, the Secretary, acting 

11 through the Chief Commercialization Officer established 

12 in section 1001(a) of the Energy Policy Act of 2005 (42 

13 U.S.C. 16391(a)), shall establish a Clean Energy Incu14 bator Program (herein referred to as the ‘‘program’’) to 

15 competitively award grants to clean energy incubators. 

16 (c) CLEAN ENERGY INCUBATOR SELECTION.—In 

17 awarding grants to clean energy incubators under sub18 section (b), the Secretary shall prioritize funding clean en19 ergy incubators that— 

20 (1) partner with entities that carry out activi21 ties relevant to the activities of such incubator and 

22 that operate at the local, State, and regional levels; 

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1 ware, computational, or integrated hardware and 

2 software technologies; 

3 (3) are located in geographically diverse regions 

4 of the United States; 

5 (4) are located in, or partner with entities lo6 cated in, economically-distressed areas; 

7 (5) support the development of entities focused 

8 on expanding clean energy tools and technologies to 

9 low-income and frontline communities; 

10 (6) support the commercial application of tech11 nologies being developed by clean energy entre12 preneurs from underrepresented backgrounds; and 

13 (7) have a plan for sustaining activities of the 

14 incubator after grant funds received under this pro15 gram have been expended. 

16 (d) AWARD LIMITS.—The Secretary shall not award 

17 more than $4,000,000 to one or more incubators in one 

18 given State, per fiscal year. 

19 (e) DURATION.—Each grant under subsection (b) 

20 shall be for a period of no longer than 5 years, subject 

21 to the availability of appropriations. 

22 (f) USE OF FUNDS.—An entity receiving a grant 

23 under this section may use grant amounts for operating 

24 expenses. 


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1 (g) RENEWAL.—An award made to a clean energy 

2 incubator under this section may be renewed for a period 

3 of not more than 3 years, subject to merit review. 

4 (h) EVALUATION.—In accordance with section 

5 8307(b) of this Act, the Secretary shall submit 3 years 

6 after the enactment of this Act and every 3 years there7 after to the Committee on Science, Space, and Technology 

8 of the House of Representatives and the Committee on 

9 Energy and Natural Resources of the Senate an evalua10 tion of the program established under this section that in11 cludes analyses of the performance of the clean energy in12 cubators. 

13 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to the Secretary to carry 

15 out this section $15,000,000 for each of fiscal years 2021 

16 through 2025. 

17 SEC. 8103. CLEAN ENERGY TECHNOLOGY UNIVERSITY 

18 PRIZE COMPETITION. 

19 (a) DEFINITIONS.—In this section: 

20 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti21 ty’’ means a non-profit entity, an institution of high22 er education, or an entity working with one or more 

23 institutes of higher education. 

24 (2) MINORITY-SERVING INSTITUTION.—The 

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1 tution described in section 371(a) of the Higher 

2 Education Act of 1965 (20 U.S.C. 1067q(a)). 

3 (b) IN GENERAL.—The Secretary, acting through the 

4 Chief Commercialization Officer established in section 

5 1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 

6 16391(a)), shall establish a program, known as the ‘‘Clean 

7 Energy Technology University Prize’’, to award funding 

8 for eligible entities to carry out regional and one national 

9 clean energy technology prize competitions, under section 

10 24 of the Stevenson-Wydler Technology Innovation Act of 

11 1980 (15 U.S.C. 3719). In carrying out such prize com12 petitions, students shall compete to develop a business 

13 model for furthering the commercial application of an in14 novative clean energy technology. The purpose of this pro15 gram is to encourage student interest in clean energy tech16 nology development and to help students solve challenges 

17 in clean energy technology commercial application, with 

18 participation from diverse geographical regions of the 

19 United States. 

20 (c) TRAINING FUNDING.—In carrying out this pro21 gram, the Secretary may provide funding to train partici22 pating students in skills needed for the successful commer23 cial application of clean energy technologies, including 

24 through virtual training sessions. 


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1 (d) PRIORITIZATION.—In awarding grants under this 

2 section, the Secretary shall prioritize awarding grants to 

3 eligible entities that work with students at minority-serv4 ing institutions. 

5 (e) COORDINATION.—In carrying out this program, 

6 the Secretary shall coordinate and partner with existing 

7 clean energy technology prize competitions. In doing so, 

8 the Secretary may develop and disseminate best practices 

9 for administering prize competitions under this section. 

10 (f) REPORT.—In accordance with section 8307(a) of 

11 this Act, the Secretary shall report annually on the 

12 progress and implementation of the program established 

13 under subsection (b). 

14 (g) EVALUATION.—In accordance with section 

15 8307(b) of this Act, the Secretary shall submit 3 years 

16 after the enactment of this Act and every 3 years there17 after to the Committee on Science, Space, and Technology 

18 of the House of Representatives and the Committee on 

19 Energy and Natural Resources of the Senate an evalua20 tion on the long-term outcomes of the program established 

21 under this section and the progress towards achieving the 

22 purposes of the program in subsection (b). 

23 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to the Secretary to carry 


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1 out the activities authorized in this section $1,000,000 for 

2 each of fiscal years 2021 through 2025. 

3 SEC. 8104. ENERGY I-CORPS. 

4 (a) IN GENERAL.—The Secretary of Energy (herein5 after in this section referred to as the ‘‘Secretary’’), acting 

6 through the Chief Commercialization Officer established 

7 in section 1001(a) of the Energy Policy Act of 2005 (42 

8 U.S.C. 16391(a)), shall carry out a program to support 

9 commercial application education, training, professional 

10 development, and mentorship called the ‘‘Energy Innova11 tion Corps Program’’ (hereinafter in this section referred 

12 to as ‘‘Energy I-Corps’’). 

13 (b) PURPOSE.—The purposes of Energy I-Corps shall 

14 be to help participants described in subsection (c) develop 

15 skills and to accelerate the commercial application of clean 

16 energy technologies and other technologies related to the 

17 mission of the Department of Energy. 

18 (c) PARTICIPANTS.—The Secretary shall carry out 

19 this program for participants consisting of— 

20 (1) employees at the National Laboratories; and 

21 (2) researchers, students, and clean energy en22 trepreneurs. 

23 (d) ACTIVITIES.—In carrying out Energy I-Corps, 

24 the Secretary shall support— 


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1 (1) commercial application education, training, 

2 and mentoring activities, including workshops, semi3 nars, and short courses; 

4 (2) engagement with private sector entities to 

5 identify future research and development activities; 

6 and 

7 (3) any other activities that the Secretary de8 termines to be relevant. 

9 (e) STATE AND LOCAL PARTNERSHIPS.—In carrying 

10 out Energy I-Corps, the Secretary may engage in partner11 ships with National Laboratories, State and local govern12 ments, economic development organizations, and nonprofit 

13 organizations to broaden access to Energy I-Corps and 

14 support relevant activities under this subsection. 

15 (f) FEDERAL COORDINATION.—In carrying out En16 ergy I-Corps, the Secretary may coordinate with any other 

17 Federal science agency program that carries out a similar 

18 program to support entrepreneurial and commercial appli19 cation education, training, professional development, and 

20 mentorship in order to share best practices. 

21 (g) EVALUATION.—In accordance with section 

22 8307(b) of this Act, the Secretary shall submit 3 years 

23 after the enactment of this Act and every 3 years there24 after to the Committee on Science, Space, and Technology 

25 of the House of Representatives and the Committee on 


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1 Energy and Natural Resources of the Senate an evalua2 tion on the long-term effectiveness of the Energy I-Corps 

3 program and the progress towards achieving the purposes 

4 of the program in subsection (a). 

5 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Chief Commer7 cialization Officer established in section 1001(a) of the 

8 Energy Policy Act of 2005 (42 U.S.C. 16391(a)) to carry 

9 out the activities authorized in subsection (a)— 

10 (1) for participants under subsection (c)(1) 

11 $3,000,000 for each of fiscal years 2021 through 

12 2025; and 

13 (2) for participants under subsection (c)(2) 

14 $2,000,000 for each of fiscal years 2021 through 

15 2025. 

16 SEC. 8105. CLEAN ENERGY TECHNOLOGY TRANSFER CO17 ORDINATION. 

18 (a) IN GENERAL.—The Secretary, acting through the 

19 Chief Commercialization Officer established in section 

20 1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 

21 16391(a)), shall support the coordination of relevant tech22 nology transfer programs, including those authorized in 

23 sections 8101, 8102, 8103, 8104, 8202, and 8206 of this 

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1 ergy technologies nationally and across all energy sectors. 

2 In particular, the Secretary may support activities to— 

3 (1) facilitate the sharing of information on best 

4 practices for successful operation of clean energy 

5 technology transfer programs; 

6 (2) coordinate resources and improve coopera7 tion among clean energy technology transfer pro8 grams; 

9 (3) facilitate connections between entrepreneurs 

10 and start-up companies and the variety of programs 

11 related to clean energy technology transfer under the 

12 Department; and 

13 (4) facilitate the development of metrics to 

14 measure the impact of clean energy technology 

15 transfer programs on— 

16 (A) advancing the development, demonstra17 tion, and commercial application of clean en18 ergy technologies; 

19 (B) increasing the competitiveness of 

20 United States in the clean energy sector, in21 cluding in manufacturing; and 

22 (C) commercial application of clean energy 

23 technologies being developed by entrepreneurs 

24 from under-represented backgrounds. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Secretary to carry 

3 out the activities in this section $3,000,000 for each of 

4 fiscal years 2021 through 2025. 

5 Subtitle B—Supporting Technology 

6 Development At the National 

7 Laboratories 

8 SEC. 8201. LAB PARTNERING SERVICE PILOT PROGRAM. 

9 (a) PILOT PROGRAM.— 

10 (1) IN GENERAL.—The Secretary, acting 

11 through the Chief Commercialization Officer estab12 lished in section 1001(a) of the Energy Policy Act 

13 of 2005 (42 U.S.C. 16391(a)), shall establish a Lab 

14 Partnering Service Pilot Program (hereinafter in 

15 this section referred to as the ‘‘pilot program’’). 

16 (2) PURPOSES.—The purposes of the pilot pro17 gram are to provide services that encourage and 

18 support partnerships between the National Labora19 tories and public and private sector entities, and to 

20 improve communication of research, development, 

21 demonstration, and commercial application projects 

22 and opportunities at the National Laboratories to 

23 potential partners through the development of a 

24 website and the provision of services, in collaboration 

25 with relevant external entities. 


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1 (3) ACTIVITIES.—In carrying out this pilot pro2 gram, the Secretary shall— 

3 (A) conduct outreach to and engage with 

4 relevant public and private entities; 

5 (B) identify and disseminate best practices 

6 for strengthening connections between the Na7 tional Laboratories and public and private sec8 tor entities; and 

9 (C) develop a website to disseminate infor10 mation on— 

11 (i) different partnering mechanisms 

12 for working with the National Labora13 tories; 

14 (ii) National Laboratory experts and 

15 research areas; and 

16 (iii) National Laboratory facilities and 

17 user facilities. 

18 (b) METRICS.—The Secretary shall support the de19 velopment of metrics, including conversion metrics, to de20 termine the effectiveness of the pilot program in achieving 

21 the purposes in subsection (a) and the number and types 

22 of partnerships established between public and private sec23 tor entities and the National Laboratories compared to 

24 baseline data. 


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1 (c) COORDINATION.—In carrying out the activities 

2 authorized in this section, the Secretary shall coordinate 

3 with the Directors and dedicated technology transfer staff 

4 at the National Laboratories, in particular for match5 making services for individual projects, which should be 

6 led by the National Laboratories. 

7 (d) FUNDING EMPLOYEE PARTNERING ACTIVI8 TIES.—The Secretary shall delegate to the Directors the 

9 authority to compensate National Laboratory employees 

10 providing services under this section. 

11 (e) DURATION.—Subject to the availability of appro12 priations, the pilot program established in this section 

13 shall operate for not less than 3 years and may be built 

14 off an existing program. 

15 (f) EVALUATION.—Not later than 6 months after the 

16 completion of this pilot program, the Secretary shall sup17 port the evaluation of the success of the pilot program in 

18 achieving the purposes in subsection (a) and shall submit 

19 the evaluation to the Committee on Science, Space, and 

20 Technology of the House of Representatives and the Com21 mittee on Energy and Natural Resources of the Senate. 

22 The assessment shall include analyses of the performance 

23 of the pilot program based on the metrics developed under 

24 subsection (b). 


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1 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Secretary 

3 $2,000,000 for each of fiscal years 2021 through 2023 

4 to carry out subsections (a), (b), (c), (e), and (f) and 

5 $1,700,000 for each of fiscal years 2021 through 2023 

6 for national laboratory employees to provide services under 

7 subsection (d). 

8 SEC. 8202. LAB-EMBEDDED ENTREPRENEURSHIP PRO9 GRAM. 

10 (a) IN GENERAL.—The Secretary shall competitively 

11 award grants to National Laboratories for the purpose of 

12 establishing or supporting Lab-Embedded Entrepreneur13 ship Programs. 

14 (b) PURPOSES.—The purposes of such programs are 

15 to provide entrepreneurial fellows with access to National 

16 Laboratory research facilities, National Laboratory exper17 tise, and mentorship to perform research and development 

18 and gain expertise that may be required or beneficial for 

19 the commercial application of research ideas. 

20 (c) ENTREPRENEURIAL FELLOWS.—An entrepre21 neurial fellow participating in a program described in sub22 section (a) shall be provided with— 

23 (1) opportunities for entrepreneurial training, 

24 professional development, and exposure to leaders 

25 from academia, industry, government, and finance 


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1 who may serve as advisors to or partners of the fel2 low; 

3 (2) financial and technical support for research, 

4 development, and commercial application activities; 

5 (3) fellowship awards to cover costs of living, 

6 health insurance, and travel stipends for the dura7 tion of the fellowship; and 

8 (4) any other resources determined appropriate 

9 by the Secretary. 

10 (d) PROGRAM ACTIVITIES.—Each eligible entity that 

11 receives funding under this section shall support entrepre12 neurial fellows by providing— 

13 (1) access to facilities and expertise within the 

14 National Laboratory; 

15 (2) engagement with external stakeholders; and 

16 (3) market and customer development opportu17 nities. 

18 (e) ADMINISTRATION.—Eligible entities that receive 

19 grants under this section shall prioritize the support and 

20 success of the entrepreneurial fellow with regards to pro21 fessional development and development of a relevant tech22 nology. 

23 (f) PARTNERSHIPS.—In carrying out a Lab-Embed24 ded Entrepreneurship Program, a National Laboratory 

25 may partner with an external entity, including— 


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1 (1) a nonprofit organization; 

2 (2) an institution of higher education; or 

3 (3) a federally-owned corporation. 

4 (g) METRICS.—The Secretary shall support the de5 velopment of short-term and long-term metrics to assess 

6 the effectiveness of programs receiving a grant under sub7 section (a) in achieving the purposes of the program in 

8 subsection (b). 

9 (h) EVALUATION.—In accordance with section 

10 8307(b) of this Act, not later than 3 years after the date 

11 of the enactment of this Act, and every 3 years thereafter, 

12 the Secretary shall submit to the Committee on Science, 

13 Space, and Technology of the House of Representatives 

14 and the Committee on Energy and Natural Resources of 

15 the Senate an evaluation of the effectiveness of the pro16 grams under subsection (a) based on the metrics developed 

17 pursuant to subsection (g). 

18 (i) COORDINATION.—The Secretary shall oversee the 

19 planning and coordination of grants under subsection (a) 

20 and shall identify and disseminate best practices for 

21 achieving the purposes of subsection (b) to eligible entities 

22 that receive grants under this section. 

23 (j) INTERAGENCY COLLABORATION.—The Secretary 

24 shall collaborate with other executive branch agencies, in25 cluding the Department of Defense and other agencies 


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1 with federal laboratories, regarding opportunities to part2 ner with programs receiving a grant under subsection (a). 

3 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Secretary to carry 

5 out the activities authorized in this section $25,000,000 

6 for each of fiscal years 2021 through 2025. 

7 SEC. 8203. SMALL BUSINESS VOUCHER PROGRAM. 

8 Section 1003 of the Energy Policy Act of 2005 (42 

9 U.S.C. 16393) is amended— 

10 (1) in subsection (a)— 

11 (A) in the matter preceding paragraph (1), 

12 by striking ‘‘, and may require the Director of 

13 a single-purpose research facility,’’ and insert14 ing ‘‘(as defined in section 2) and the Director 

15 of each single-purpose research facility’’; 

16 (B) in paragraph (1)— 

17 (i) by striking ‘‘increase’’ and insert18 ing ‘‘encourage’’; and 

19 (ii) by striking ‘‘collaborative re20 search,’’ and inserting ‘‘research, develop21 ment, demonstration, and commercial ap22 plication activities, including product devel23 opment,’’; 

24 (C) in paragraph (2), by striking ‘‘procure25 ment and collaborative research’’ and inserting 


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1 ‘‘procurement and the activities described in 

2 paragraph (1)’’; 

3 (D) in paragraph (3)— 

4 (i) by inserting ‘‘facilities,’’ before 

5 ‘‘training’’; and 

6 (ii) by striking ‘‘procurement and col7 laborative research activities’’ and insert8 ing ‘‘procurement and the activities de9 scribed in paragraph (1)’’; and 

10 (E) in paragraph (5), by striking ‘‘for the 

11 program under subsection (b)’’ and inserting 

12 ‘‘and metrics for the programs under sub13 sections (b) and (c)’’; 

14 (2) by redesignating subsections (c) and (d) as 

15 subsections (d) and (e), respectively; 

16 (3) by inserting after subsection (b) the fol17 lowing: 

18 ‘‘(c) SMALL BUSINESS VOUCHER PROGRAM.— 

19 ‘‘(1) DEFINITIONS.—In this subsection: 

20 ‘‘(A) DIRECTOR.—The term ‘Director’ 

21 means— 

22 ‘‘(i) the Director of each National 

23 Laboratory; and 

24 ‘‘(ii) the Director of each single-pur25 pose research facility. 


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1 ‘‘(B) NATIONAL LABORATORY.—The term 

2 ‘National Laboratory’ has the meaning given 

3 the term in section 2. 

4 ‘‘(C) PROGRAM.—The term ‘program’ 

5 means the program established under para6 graph (2). 

7 ‘‘(D) SMALL BUSINESS CONCERN.—The 

8 term ‘small business concern’ has the meaning 

9 given such term in section 3 of the Small Busi10 ness Act (15 U.S.C. 632). 

11 ‘‘(2) ESTABLISHMENT.—The Secretary, acting 

12 through the Chief Commercialization Officer ap13 pointed under section 1001(a), and in consultation 

14 with the Directors, shall establish a program to pro15 vide small business concerns with vouchers under 

16 paragraph (3)— 

17 ‘‘(A) to achieve the goal described in sub18 section (a)(1); and 

19 ‘‘(B) to improve the products, services, and 

20 capabilities of small business concerns in the 

21 mission space of the Department. 

22 ‘‘(3) VOUCHERS.—Under the program, the Di23 rectors are authorized to provide to small business 

24 concerns vouchers to be used at National Labora25 tories and single-purpose research facilities for— 


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1 ‘‘(A) research, development, demonstra2 tion, technology transfer, or commercial appli3 cation activities; or 

4 ‘‘(B) any other activities that the applica5 ble Director determines appropriate. 

6 ‘‘(4) EXPEDITED APPROVAL.—The Secretary, 

7 working with the Directors, shall establish a stream8 lined approval process for financial assistance agree9 ments signed between— 

10 ‘‘(A) small business concerns selected to 

11 receive a voucher under the program; and 

12 ‘‘(B) the National Laboratories and single13 purpose research facilities. 

14 ‘‘(5) COST-SHARING REQUIREMENT.—In car15 rying out the program, the Secretary shall require 

16 cost-sharing in accordance with section 988; and 

17 ‘‘(6) REPORT.—In accordance with section 

18 8307(a) of the Clean Economy Jobs and Innovation 

19 Act, the Secretary shall report annually on the 

20 progress and implementation of the small business 

21 voucher program established under this section, in22 cluding the number and locations of small businesses 

23 that received grants under this program.’’; and 

24 (4) in subsection (e) (as so redesignated), by 

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1 serting ‘‘for activities under subsection (b)’’ and in2 serting at the end ‘‘and for activities under sub3 section (c) $25,000,000 for each of fiscal years 2021 

4 through 2025’’. 

5 SEC. 8204. ENTREPRENEURIAL LEAVE PROGRAM. 

6 (a) IN GENERAL.—The Secretary shall delegate to 

7 Directors the authority to carry out an entrepreneurial 

8 leave program (referred to in this section as the ‘‘pro9 gram’’) to allow National Laboratory employees to take 

10 a full leave of absence from their position, with the option 

11 to return to that or a comparable position up to 3 years 

12 later, or a partial leave of absence, to advance the commer13 cial application of energy and related technologies relevant 

14 to the mission of the Department. 

15 (b) TERMINATION AUTHORITY.—Directors shall re16 tain the authority to terminate National Laboratory em17 ployees that participate in the program if such employees 

18 are found to violate terms prescribed by the National Lab19 oratory at which such employee is employed. 

20 (c) LICENSING.—To reduce barriers to participation 

21 in the program, the Secretary shall delegate to the Direc22 tors the requirement to establish streamlined mechanisms 

23 for facilitating the licensing of technology that is the focus 

24 of National Laboratory employees who participate in the 

25 program. 


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1 (d) REPORT.—In accordance with section 8307(a) of 

2 this Act, the Secretary shall report annually on the utiliza3 tion of this authority at national laboratories, including 

4 the number of employees who participate in this program 

5 at each national laboratory and the number of employees 

6 who take a permanent leave from their positions at na7 tional laboratories as a result of participating in this pro8 gram. 

9 (e) FEDERAL ETHICS.—Nothing in this section shall 

10 affect existing federal ethics rules applicable to federal 

11 personnel. 

12 SEC. 8205. NATIONAL LABORATORY EMPLOYEE OUTSIDE 

13 EMPLOYMENT AUTHORITY. 

14 (a) IN GENERAL.—The Secretary shall delegate to 

15 Directors of National Laboratories the authority to allow 

16 their employees— 

17 (1) to engage in outside employment, including 

18 start-up companies based on licensing technologies 

19 developed at National Laboratories and consulting in 

20 their areas of expertise, and receive compensation 

21 from such entities; and 

22 (2) to engage in outside activities related to 

23 their areas of expertise at the National Laboratory 

24 and may allow employees, in their employment ca25 pacity at such outside employment, to access the 


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1 National Laboratories under the same contracting 

2 mechanisms as non-laboratory employees and enti3 ties, in accordance with appropriate conflict of inter4 est protocols. 

5 (b) REQUIREMENTS.—If a Director elects to use the 

6 authority granted by subsection (a) of this section, the Di7 rector, or their designee, shall— 

8 (1) require employees to disclose to and obtain 

9 approval from the Director or their designee prior to 

10 engaging in any outside employment; 

11 (2) develop and require appropriate conflict of 

12 interest protocols for employees that engage in out13 side employment; and 

14 (3) maintain the authority to terminate employ15 ees engaging in outside employment if they are 

16 found to violate terms, including conflict of interest 

17 protocols, mandated by the Director. 

18 (c) ADDITIONAL RESTRICTIONS.—Employees engag19 ing in outside employment may not— 

20 (1) sacrifice, hamper, or impede their duties at 

21 the National Laboratory; 

22 (2) engage in activities related to outside em23 ployment using National Laboratory government 

24 equipment, property, or resources, unless such ac25 tivities are performed under National Laboratory 


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1 contracting mechanisms, such as Cooperative Re2 search and Development Agreement or Strategic 

3 Partnership Projects, whereby all conflicts of inter4 est requirements apply; or 

5 (3) use their position at a National Laboratory 

6 to provide an unfair competitive advantage to an 

7 outside employer or start-up activity. 

8 (d) FEDERAL ETHICS.—Nothing in this section shall 

9 affect existing federal ethics rules applicable to federal 

10 personnel. 

11 SEC. 8206. TECHNOLOGY COMMERCIALIZATION FUND. 

12 Section 1001(e) of the Energy Policy Act of 2005 (42 

13 U.S.C. 16391(e)) is amended to read as follows: 

14 ‘‘(e) TECHNOLOGY COMMERCIALIZATION FUND.— 

15 ‘‘(1) ESTABLISHMENT.—The Secretary, acting 

16 through the Chief Commercialization Officer estab17 lished in section 1001(a) of the Energy Policy Act 

18 of 2005 (42 U.S.C. 16391(a)), shall establish a 

19 Technology Commercialization Fund (hereafter re20 ferred to as the ‘Fund’), using nine-tenths of one 

21 percent of the amount of appropriations made avail22 able to the Department for applied energy research, 

23 development, demonstration, and commercial appli24 cation for each fiscal year, to be used to provide, in 

25 accordance with the cost-sharing requirements under 


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1 section 988, funds to national laboratories to pro2 mote promising energy technologies for commercial 

3 purposes with private partners. 

4 ‘‘(2) APPLICATIONS.— 

5 ‘‘(A) CONSIDERATIONS.—The Secretary 

6 shall develop criteria for evaluating applications 

7 for funding under this section, which may in8 clude— 

9 ‘‘(i) the potential that a proposed 

10 technology will result in a commercially 

11 successful product within a reasonable 

12 timeframe; and 

13 ‘‘(ii) the relative maturity of a pro14 posed technology for commercial applica15 tion. 

16 ‘‘(B) SELECTIONS.—In awarding funds 

17 under this section, the Secretary may give spe18 cial consideration to applications that involve at 

19 least one applicant that has participated in an 

20 entrepreneurial or commercialization training 

21 program, such as Energy Innovation Corps. 

22 ‘‘(3) ANNUAL REPORT.—The Secretary shall in23 clude in the annual report required under subsection 

24 (h)(2)— 


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1 ‘‘(A) description of the projects carried out 

2 with awards from the Fund for that fiscal year; 

3 ‘‘(B) each project’s cost-share for that fis4 cal year; 

5 ‘‘(C) each project’s partners for that fiscal 

6 year. 

7 ‘‘(4) EVALUATION.—In accordance with section 

8 8307(b) of the Clean Economy Jobs and Innovation 

9 Act, the Secretary shall submit 3 years after the en10 actment of that Act and every 3 years thereafter to 

11 the Committee on Science, Space, and Technology 

12 Committee of the House of Representatives and the 

13 Committee on Energy and Natural Resources of the 

14 Senate an evaluation on the long-term commercial 

15 success of projects that received awards from the 

16 Fund. 

17 ‘‘(5) TECHNOLOGY COMMERCIALIZATION FUND

18 REPORT.— 

19 ‘‘(A) IN GENERAL.—Not later than 1 year 

20 after the date of enactment of the Energizing 

21 Technology Transfer Act, the Secretary shall 

22 submit to the Committee on Science, Space, 

23 and Technology and Committee on Appropria24 tions of the House of Representatives and the 

25 Committee on Energy and Natural Resources 


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1 and Committee on Appropriations of the Senate 

2 a report on the current and recommended im3 plementation of the Fund. 

4 ‘‘(B) CONTENTS.—The report under sub5 paragraph (A) shall include— 

6 ‘‘(i) a summary, with supporting data, 

7 of how much Department program offices 

8 contribute to and use the Fund each year, 

9 including a list of current funding restric10 tions; 

11 ‘‘(ii) recommendations on how to im12 prove implementation and administration 

13 of the Fund; and 

14 ‘‘(iii) an analysis on how to spend 

15 funds optimally on technology areas that 

16 have the greatest need and opportunity for 

17 commercial application, rather than spend18 ing funds at the programmatic level or 

19 under current funding restrictions.’’. 

20 SEC. 8207. SIGNATURE AUTHORITY. 

21 (a) IN GENERAL.—Subject to subsections (b) and (c), 

22 the Secretary shall delegate to Directors of the National 

23 Laboratories signature authority with respect to any 

24 agreement described in subsection (b) the total cost of 

25 which, including the National Laboratory contributions 


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1 and project recipient cost share, is less than $1,000,000, 

2 if such an agreement falls within the scope of— 

3 (1) the strategic plan for the National Labora4 tory or a master scope of work that has been ap5 proved by the Department; or 

6 (2) the most recent budget approved by Con7 gress for Department activities to be carried out by 

8 the National Laboratory. 

9 (b) AGREEMENTS.—Subsection (a) applies to— 

10 (1) a cooperative research and development 

11 agreement; 

12 (2) a strategic partnership project; 

13 (3) prize competitions; 

14 (4) an agreement for commercializing tech15 nology; or 

16 (5) any other agreement determined to be ap17 propriate by the Secretary, in collaboration with the 

18 Directors. 

19 (c) ADMINISTRATION.— 

20 (1) ACCOUNTABILITY.—The Director of the af21 fected National Laboratory and the affected con22 tractor shall carry out an agreement under this sec23 tion in accordance with applicable policies of the De24 partment, including by ensuring that the agreement 

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1 nomic, or environmental interest of the United 

2 States. 

3 (2) CERTIFICATION.—The Director of the affected 

4 National Laboratory and the affected contractor shall cer5 tify that each activity carried out under a project for 

6 which an agreement is entered into under this section does 

7 not present, or minimizes, any apparent conflict of inter8 est, and avoids or neutralizes any actual conflict of inter9 est, as a result of the agreement under this section. 

10 (3) AVAILABILITY OF RECORDS.—Not later than 30 

11 days after the date on which a Director enters an agree12 ment under this section, such Director shall submit to the 

13 Secretary for monitoring and review all records of the Na14 tional Laboratory relating to the agreement. 

15 (d) APPROVAL.—Upon granting the signature au16 thority under subsection (a), the Secretary may not re17 quire any additional reviews or approvals of draft agree18 ments, statements of work, or other documents for agree19 ments that meet the criteria under subsection (a). 

20 (e) EXCEPTION.—This section does not apply to any 

21 agreement with a foreign-controlled entity or entity under 

22 the majority control of any foreign entity. 

23 (f) REPORT.—In accordance with section 8307(a) of 

24 this Act, the Secretary shall submit annually information 


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1 on the number and types of agreements signed using the 

2 authorities granted under this section. 

3 (g) EVALUATION.—Not later than 3 years after the 

4 date of enactment of this Act, the Secretary shall submit 

5 to the Committee on Science, Space, and Technology Com6 mittee of the House of Representatives and the Committee 

7 on Energy and Natural Resources of the Senate an evalua8 tion of the efficacy of reducing administrative burden for 

9 agreements signed using the authorities granted under 

10 this section. 

11 (h) CONFORMING AMENDMENT.—Section 12 of the 

12 Stevenson-Wydler Technology Innovation Act of 1980 (15 

13 U.S.C. 3710a) is amended— 

14 (1) in subsection (a)— 

15 (A) by redesignating paragraphs (1) and 

16 (2) as subparagraphs (A) and (B), respectively, 

17 and indenting the subparagraphs appropriately; 

18 (B) by striking ‘‘Each Federal agency’’ 

19 and inserting the following: 

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), each Federal agency’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

24 (1), in accordance with section 8207 of the Clean 

25 Economy Jobs and Innovation Act, approval by the 


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1 Secretary of Energy shall not be required for any 

2 agreement proposed to be entered into by a National 

3 Laboratory of the Department of Energy, the total 

4 cost of which, including the National Laboratory 

5 contributions and project recipient cost share, is less 

6 than $1,000,000.’’; and 

7 (2) in subsection (b), by striking ‘‘subsection 

8 (a)(1)’’ each place it appears and inserting ‘‘sub9 section (a)(1)(A)’’. 

10 Subtitle C—Department of Energy 

11 Modernization 

12 SEC. 8301. TECHNOLOGY TRANSFER PROGRAM. 

13 (a) CHIEF COMMERCIALIZATION OFFICER.—Section 

14 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) 

15 is amended— 

16 (1) by amending subsection (a) to read as fol17 lows: 

18 ‘‘(a) CHIEF COMMERCIALIZATION OFFICER.—The 

19 Secretary shall appoint a Chief Commercialization Officer 

20 to be the principal advisor to the Secretary on all matters 

21 relating to technology transfer and commercialization, and 

22 who shall report directly to, and be appointed by, the Sec23 retary.’’; and 


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1 (2) in subsections (b) and (c), by striking ‘‘Co2 ordinator’’ each place it appears and inserting 

3 ‘‘Chief Commercialization Officer’’. 

4 (b) OFFICE OF TECHNOLOGY TRANSITIONS.—Title X 

5 of the Energy Policy Act of 2005 (42 U.S.C. 16391 et. 

6 seq.) is amended by adding at the end the following: 

7 ‘‘SEC. 1012. TECHNOLOGY TRANSFER PROGRAM. 

8 ‘‘(a) OFFICE OF TECHNOLOGY TRANSITIONS.—There 

9 is established within the Department an Office of Tech10 nology Transitions (referred to in this section as the ‘Of11 fice’), which shall be headed by the Chief Commercializa12 tion Officer appointed under section 1001(a). 

13 ‘‘(b) MISSION.—The mission of the Office shall be— 

14 ‘‘(1) to expand the commercial impact of the re15 search investments of the Department; and 

16 ‘‘(2) to advance the commercial application of 

17 technologies that reduce energy use, reduce green18 house gas emissions and other pollutants, improve 

19 energy efficiency, mitigate other negative environ20 mental consequences, or support other missions of 

21 the Department. 

22 ‘‘(c) GOALS.— 

23 ‘‘(1) IN GENERAL.—In carrying out the mission 

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1 cation activities, meet all of the goals described in 

2 paragraph (2). 

3 ‘‘(2) GOALS DESCRIBED.—The goals referred to 

4 in paragraph (1) are the following: 

5 ‘‘(A) Reduction of greenhouse gas emis6 sions or other pollutants. 

7 ‘‘(B) Improvement of energy efficiency. 

8 ‘‘(C) Improvement of economic competi9 tiveness. 

10 ‘‘(D) Enhancement of domestic energy se11 curity and national security. 

12 ‘‘(E) Enhancement of the domestic work13 force relevant to energy and other sectors rel14 evant to the mission of the Department. 

15 ‘‘(d) HIRING AND MANAGEMENT.—To carry out the 

16 activities authorized in this section, the Under Secretary 

17 for Science may appoint personnel using the authorities 

18 in section 8306 of the Clean Economy Jobs and Innova19 tion Act. 

20 ‘‘(e) COLLABORATION.—In carrying out the mission 

21 and activities of the Office of Technology Transitions, the 

22 Chief Commercialization Officer shall coordinate with the 

23 senior leadership of the Department, other relevant offices 

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1 lished under section 1001(d), the Technology Transfer 

2 Policy Board, and other stakeholders, including private in3 dustry. 

4 ‘‘(f) REPORT.—In accordance with section 8307(a) of 

5 the Clean Economy Jobs and Innovation Act, the Sec6 retary shall report annually on the activities carried out 

7 by the Office of Technology Transitions pertaining to the 

8 mission of the program in subsection (b) and the goals 

9 in subsection (c). 

10 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Secretary to carry 

12 out the activities authorized in this section $20,000,000 

13 for each of fiscal years 2021 through 2025.’’. 

14 SEC. 8302. MANAGEMENT OF DEMONSTRATION PROJECTS. 

15 (a) MANAGEMENT OF DEPARTMENT OF ENERGY

16 DEMONSTRATION PROJECTS.—The Secretary shall estab17 lish a program to conduct project management and over18 sight of demonstration projects that receive more than 

19 $50,000,000 in funding from the Department, in coordi20 nation with relevant staff from Department program of21 fices. The purposes of this program are to— 

22 (1) conduct evaluation of demonstration project 

23 proposals prior to selection of a project for funding; 


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1 (2) conduct independent oversight of the execu2 tion of a demonstration project once funding has 

3 been awarded for such project; and 

4 (3) ensure a balanced portfolio of investments 

5 in clean energy technology demonstration projects. 

6 (b) DEMONSTRATION PROJECT MANAGEMENT EM7 PLOYEES.— 

8 (1) AUTHORITY.—In carrying out the program 

9 under subsection (a), the Under Secretary for 

10 Science shall appoint at least 2 full time employees 

11 to achieve the purposes of the program outlined in 

12 subsection (a) in coordination with relevant staff at 

13 Department program offices. 

14 (2) HIRING AUTHORITY.—To carry out the pro15 gram authorized in this section, the Under Secretary 

16 for Science may hire personnel using the authorities 

17 in section 8306 of this Act. 

18 (c) DUTIES.—In carrying out the program in sub19 section (a), employees under this section shall work with 

20 relevant staff from Department program offices to— 

21 (1) evaluate demonstration project proposals, 

22 including the scope, technical specifications, matu23 rity of design, funding profile, estimated costs, pro24 posed schedule, proposed technical and financial 


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1 milestones, and potential for commercial success 

2 based on economic and policy projections; 

3 (2) develop independent cost estimates of dem4 onstration project proposals, when appropriate; 

5 (3) recommend to the director of a program of6 fice whether to fund a demonstration project pro7 posal; 

8 (4) oversee the execution of the demonstration 

9 projects that receive funding from the Department 

10 under this section and conduct reviews of ongoing 

11 projects, which may include reconciling estimated 

12 costs as compared to actual costs and evaluating 

13 progress of the project based on the proposed sched14 ule and technical and financial milestones, and pro15 vide such reviews to the Secretary; and 

16 (5) assess lessons learned and implement im17 provements to evaluate and oversee demonstration 

18 projects carried out under this section. 

19 (d) PROJECT TERMINATION.—Should an ongoing 

20 demonstration project receive an unfavorable review under 

21 subsection (c)(4), the director of a Department program 

22 office or their designee may cease funding the demonstra23 tion project and reallocate the remaining funds to new or 

24 existing demonstration projects carried out by that pro25 gram office. 


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1 (e) COORDINATION.—In establishing and carrying 

2 out the program, the Secretary shall coordinate with 

3 project management and acquisition management entities 

4 within the Department, including the Office of Project 

5 Management, and relevant professional organizations in 

6 project management, construction, cost estimation, and 

7 other relevant fields. 

8 (f) REPORTING.—In accordance with section 

9 8307(a), the Secretary shall report annually on the utiliza10 tion of the authority granted under this section, including 

11 a summary of— 

12 (1) any demonstration projects currently being 

13 carried out under this section; and 

14 (2) a summary of the reviews under subsection 

15 (c)(4) of any ongoing demonstration projects carried 

16 out under this section. 

17 (g) EVALUATION BY COMPTROLLER GENERAL.—Not 

18 later than 3 years after the date of the enactment of this 

19 Act the Comptroller General shall submit to the Com20 mittee on Science, Space, and Technology of the House 

21 of Representatives and the Committee on Energy and 

22 Natural Resources of the Senate an evaluation on the op23 eration of the program established under this section, in24 cluding— 


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1 (1) the processes and procedures used to evalu2 ate demonstration project proposals and oversee 

3 demonstration projects that receive funding under 

4 this section; 

5 (2) any recommended changes to the program, 

6 including the structure and the processes and proce7 dures used to evaluate and oversee demonstration 

8 projects that receive funding under this section; and 

9 (3) any recommended changes to the structure 

10 of this program to improve the success in meeting 

11 the program purposes under subsection (a). 

12 SEC. 8303. STREAMLINING PRIZE COMPETITIONS. 

13 Section 1008 of the Energy Policy Act of 2005 (42 

14 U.S.C. 16396) is amended by inserting after subsection 

15 (d) the following (and redesignating subsections (e) and 

16 (f) as subsections (g) and (h), respectively): 

17 ‘‘(e) COORDINATION.—In carrying out subsection (a), 

18 and for any prize competitions under section 105 of the 

19 America Creating Opportunities to Meaningfully Promote 

20 Excellence in Technology, Education, and Science Reau21 thorization Act of 2010, the Secretary shall— 

22 ‘‘(1) designate at least one full time employee 

23 to serve as a Department-wide point of contact on 

24 prize competitions; 


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1 ‘‘(2) issue Department-wide guidance on the de2 sign, development, and implementation of prize com3 petitions; 

4 ‘‘(3) collect and disseminate best practices on 

5 the design and administration of prize competitions; 

6 ‘‘(4) streamline contracting mechanisms for the 

7 implementation of prize competitions; and 

8 ‘‘(5) provide training and prize competition de9 sign support, as necessary, to Department staff to 

10 develop prize competitions and challenges. 

11 ‘‘(f) REPORT.—In accordance with section 8307(a) of 

12 the Clean Economy Jobs and Innovation Act, the Sec13 retary shall report annually on a description of any prize 

14 competitions carried out using this authority, the total 

15 amount of prizes awarded along with any private sector 

16 contributions, the methods used for solicitation and eval17 uation, and a description of how each prize competition 

18 advanced the mission of the Department.’’. 

19 SEC. 8304. MILESTONE-BASED DEMONSTRATION PROJECTS. 

20 (a) IN GENERAL.—Acting under section 646(g) of 

21 the Department of Energy Organization Act (42 U.S.C. 

22 7256(g)), notwithstanding paragraph (10) of such section, 

23 the Secretary may carry out demonstration projects as a 

24 milestone-based demonstration project that requires par25 ticular technical and financial milestones to be met before 


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1 a participant is awarded grants by the Department 

2 through a competitive award process. 

3 (b) REQUIREMENTS.—In carrying out milestone4 based demonstration projects under the authority in sub5 section (a), the Secretary shall, for each relevant project— 

6 (1) request proposals from eligible entities, as 

7 determined by the Secretary, including— 

8 (A) a business plan, that may include a 

9 plan for scalable manufacturing and a plan for 

10 addressing supply chain gaps; 

11 (B) a plan for raising private sector invest12 ment; and 

13 (C) proposed technical and financial mile14 stones, including estimated project timelines 

15 and total costs; 

16 (2) award funding of a predetermined amount 

17 to projects that successfully meet proposed mile18 stones under paragraph (1)(C) or for expenses 

19 deemed reimbursable by the Secretary, in accordance 

20 with terms negotiated for an individual award; 

21 (3) require cost-sharing in accordance with sec22 tion 988 of the Energy Policy Act of 2005; and 

23 (4) communicate regularly with selected eligible 

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1 ercise small amounts of flexibility for technical and 

2 financial milestones as projects mature. 

3 (c) AWARDS.—For the program established under 

4 subsection (a)— 

5 (1) an award recipient shall be responsible for 

6 all costs until milestones are achieved, or reimburs7 able expenses are reviewed and verified by the De8 partment; and 

9 (2) should an awardee not meet the milestones 

10 described in subsection (a), the Secretary or their 

11 designee may end the partnership with an award re12 cipient and use the remaining funds in the ended 

13 agreement for new or existing projects carried out 

14 under this section. 

15 (d) PROJECT MANAGEMENT.—In carrying out 

16 projects under this program and assessing the completion 

17 of their milestones in accordance with subsection (b), the 

18 Secretary shall consult with experts that represent diverse 

19 perspectives and professional experiences, including those 

20 from the private sector, to ensure a complete and thorough 

21 review. 

22 (e) REPORT.—In accordance with section 8307(a), 

23 the Secretary shall report annually on any demonstration 

24 projects carried out using the authorities under this sec25 tion. 


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1 SEC. 8305. COST-SHARE WAIVER EXTENSION. 

2 (a) Section 988 of the Energy Policy Act of 2005 is 

3 amended in subsection (b)(4)(B) by striking ‘‘this para4 graph’’ and inserting ‘‘the Energizing Technology Trans5 fer Act’’. 

6 (b) Section 108 of the Department of Energy Re7 search and Innovation Act is amended in subparagraph 

8 (b) by striking ‘‘this Act’’ everywhere it appears and re9 placing with ‘‘title VIII of the Clean Economy Jobs and 

10 Innovation Act’’. 

11 SEC. 8306. SPECIAL HIRING AUTHORITY FOR SCIENTIFIC, 

12 ENGINEERING, AND PROJECT MANAGEMENT 

13 PERSONNEL. 

14 (a) IN GENERAL.—The Under Secretary for Science 

15 shall have the authority to— 

16 (1) make appointments of scientific, engineer17 ing, and professional personnel, without regard to 

18 civil service laws, to assist the Department in meet19 ing specific project or research needs; 

20 (2) fix the basic pay of any employee appointed 

21 under this section at a rate to be determined by the 

22 Under Secretary at rates not in excess of the Execu23 tive Schedule (EX–II) without regard to the civil 

24 service laws; and 

25 (3) pay any employee appointed under this sec26 tion payments in addition to basic pay, except that 


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1 the total amount of additional payments paid to an 

2 employee under this subsection for any 12-month pe3 riod shall not exceed the lesser of the following 

4 amounts: 

5 (A) $25,000. 

6 (B) The amount equal to 25 percent of the 

7 annual rate of basic pay of that employee. 

8 (C) The amount of the limitation that is 

9 applicable for a calendar year under section 

10 5307(a)(1) of title 5, United States Code. 

11 (b) TERM.— 

12 (1) IN GENERAL.—The term of any employee 

13 appointed under this section shall not exceed 3 years 

14 unless otherwise authorized in law. 

15 (2) TERMINATION.—The Under Secretary for 

16 Science shall have the authority to terminate any 

17 employee appointed under this section at any time 

18 based on performance or changing project or re19 search needs of the Department. 

20 SEC. 8307. TECHNOLOGY TRANSFER REPORTS AND EVAL21 UATION. 

22 (a) ANNUAL REPORT.—As part of the updated tech23 nology transfer execution plan required each year under 

24 section 1001(h)(2) of the Energy Policy Act of 2005 (42 

25 U.S.C. 16391(g)(2)), the Secretary shall submit to the 


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1 Committee on Science, Space, and Technology Committee 

2 of the House of Representatives and the Committee on 

3 Energy and Natural Resources of the Senate a report on 

4 the progress and implementation of programs established 

5 under sections 8103, 8203, 8204, 8205, 8207, 8301, 

6 8302, 8303, and 8304 of this Act and section 1001(e) of 

7 the Energy Policy Act of 2005 (42 U.S.C. 16391(e)). 

8 (b) EVALUATION.—Not later than 3 years after the 

9 enactment of this Act and every 3 years thereafter the 

10 Secretary shall submit to the Committee on Science, 

11 Space, and Technology Committee of the House of Rep12 resentatives and the Committee on Energy and Natural 

13 Resources of the Senate an evaluation on the extent to 

14 which programs established under sections 8102, 8103, 

15 8104, and 8202 of this Act and section 1001(e) of the 

16 Energy Policy Act of 2005 (42 U.S.C. 16391(e)) are 

17 achieving success based on relevant short-term and long18 term metrics. 

19 (c) REPORT ON TECHNOLOGY TRANSFER GAPS.— 

20 Not later than 3 years after the enactment of this Act, 

21 the Secretary shall enter into an agreement with the Na22 tional Academies of Science, Engineering and Medicine to 

23 submit to the Committee on Science, Space, and Tech24 nology Committee of the House of Representatives and the 

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1 ate a report on programmatic gaps that exist to advance 

2 the commercial application of technologies developed at 

3 the National Laboratories. 

4 SEC. 8308. OTHER TRANSACTION AUTHORITY EXTENSION. 

5 Subsection 646(g)(10) of the Department of Energy 

6 Organization Act (42 U.S.C. 7256(g)(10)) is amended by 

7 striking ‘‘September 30, 2020’’ and inserting ‘‘September 

8 30, 2025’’. 

9 Subtitle D—Increasing and Mobi10 lizing Partnerships to Achieve 

11 Commercialization of Tech12 nologies for Energy 

13 SEC. 8401. SHORT TITLE. 

14 This subtitle may be cited as the ‘‘Increasing and Mo15 bilizing Partnerships to Achieve Commercialization of 

16 Technologies for Energy Act’’ or the ‘‘IMPACT for En17 ergy Act’’. 

18 SEC. 8402. DEFINITIONS. 

19 In this subtitle: 

20 (1) BOARD.—The term ‘‘Board’’ means the 

21 Board of Directors described in section 8403(b)(1). 

22 (2) DEPARTMENT.—The term ‘‘Department’’ 

23 means the Department of Energy. 


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1 (3) EXECUTIVE DIRECTOR.—The term ‘‘Execu2 tive Director’’ means the Executive Director de3 scribed in section 8403(e)(1). 

4 (4) FOUNDATION.—The term ‘‘Foundation’’ 

5 means the Energy Technology Commercialization 

6 Foundation established under section 8403(a). 

7 (5) NATIONAL LABORATORY.—The term ‘‘Na8 tional Laboratory’’ has the meaning given the term 

9 in section 2 of the Energy Policy Act of 2005 (42 

10 U.S.C. 15801). 

11 (6) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Energy. 

13 SEC. 8403. ENERGY TECHNOLOGY COMMERCIALIZATION 

14 FOUNDATION. 

15 (a) ESTABLISHMENT.— 

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

17 after the date of enactment of this Act, the Sec18 retary shall establish a nonprofit corporation to be 

19 known as the ‘‘Energy Technology Commercializa20 tion Foundation’’. 

21 (2) MISSION.—The mission of the Foundation 

22 shall be— 

23 (A) to support the mission of the Depart24 ment; and 


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1 (B) to advance collaboration with energy 

2 researchers, institutions of higher education, in3 dustry, and nonprofit and philanthropic organi4 zations to accelerate the commercialization of 

5 energy technologies. 

6 (3) LIMITATION.—The Foundation shall not be 

7 an agency or instrumentality of the Federal Govern8 ment. 

9 (4) TAX-EXEMPT STATUS.—The Board shall 

10 take all necessary and appropriate steps to ensure 

11 that the Foundation receives a determination from 

12 the Internal Revenue Service that it is an organiza13 tion that is described in section 501(c) of the Inter14 nal Revenue Code of 1986, and exempt from tax15 ation under section 501(a) of such Code. 

16 (5) COLLABORATION WITH EXISTING ORGANI17 ZATIONS.—The Secretary may collaborate with 1 or 

18 more organizations to establish the Foundation and 

19 carry out the activities of the Foundation. 

20 (b) BOARD OF DIRECTORS.— 

21 (1) ESTABLISHMENT.—The Foundation shall 

22 be governed by a Board of Directors. 

23 (2) COMPOSITION.— 


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1 (A) IN GENERAL.—The Board shall be 

2 composed of the members described in subpara3 graph (B). 

4 (B) BOARD MEMBERS.— 

5 (i) INITIAL MEMBERS.—The Secretary 

6 shall— 

7 (I) enter into a contract with the 

8 National Academies of Sciences, Engi9 neering, and Medicine to develop a list 

10 of individuals to serve as members of 

11 the Board who are well-qualified and 

12 will meet the requirements of clauses 

13 (ii) and (iii); and 

14 (II) appoint the initial members 

15 of the Board, in consultation with the 

16 National Academies of Sciences, Engi17 neering, and Medicine, with the re18 quirements of clauses (ii) and (iii). 

19 (ii) REPRESENTATION.—The members 

20 of the Board shall reflect a broad cross21 section of stakeholders from academia, in22 dustry, nonprofit organizations, State or 

23 local governments, the investment commu24 nity, the philanthropic community, and 


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1 management and operating contractors of 

2 the National Laboratories. 

3 (iii) EXPERIENCE.—The Secretary 

4 shall ensure that a majority of the mem5 bers of the Board— 

6 (I)(aa) has experience in the en7 ergy sector; 

8 (bb) has research experience in 

9 the energy field; or 

10 (cc) has experience in technology 

11 commercialization or foundation oper12 ations; and 

13 (II) to the extent practicable, 

14 represents diverse regions and energy 

15 sectors. 

16 (3) CHAIR AND VICE CHAIR.— 

17 (A) IN GENERAL.—The Board shall des18 ignate from among the members of the 

19 Board— 

20 (i) an individual to serve as Chair of 

21 the Board; and 

22 (ii) an individual to serve as Vice 

23 Chair of the Board. 


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1 (B) TERMS.—The term of service of the 

2 Chair and Vice Chair of the Board shall end on 

3 the earlier of— 

4 (i) the date that is 3 years after the 

5 date on which the Chair or Vice Chair of 

6 the Board, as applicable, is designated for 

7 the position; and 

8 (ii) the last day of the term of service 

9 of the member, as determined under para10 graph (4)(A), who is designated to be 

11 Chair or Vice Chair of the Board, as appli12 cable. 

13 (C) REPRESENTATION.—The Chair and 

14 Vice Chair of the Board— 

15 (i) shall not be representatives of the 

16 same area or entity, as applicable, under 

17 paragraph (2)(B)(ii); and 

18 (ii) shall not be representatives of any 

19 area or entity, as applicable, represented 

20 by the immediately preceding Chair and 

21 Vice Chair of the Board. 

22 (4) TERMS AND VACANCIES.— 

23 (A) TERMS.— 


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1 (i) IN GENERAL.—Except as provided 

2 in clause (ii), the term of service of each 

3 member of the Board shall be 5 years. 

4 (ii) INITIAL MEMBERS.—Of the initial 

5 members of the Board appointed under 

6 paragraph (2)(B)(i), half of the members 

7 shall serve for 4 years and half of the 

8 members shall serve for 5 years, as deter9 mined by the Chair of the Board. 

10 (B) VACANCIES.—Any vacancy in the 

11 membership of the Board— 

12 (i) shall be filled in accordance with 

13 the bylaws of the Foundation by an indi14 vidual capable of representing the same 

15 area or entity, as applicable, as rep16 resented by the vacating board member 

17 under paragraph (2)(B)(ii); 

18 (ii) shall not affect the power of the 

19 remaining members to execute the duties 

20 of the Board; and 

21 (iii) shall be filled by an individual se22 lected by the Board. 

23 (5) MEETINGS; QUORUM.— 

24 (A) INITIAL MEETING.—Not later than 60 

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1 retary shall convene a meeting of the members 

2 of the Board to incorporate the Foundation. 

3 (B) QUORUM.—A majority of the members 

4 of the Board shall constitute a quorum for pur5 poses of conducting the business of the Board. 

6 (6) DUTIES.—The Board shall— 

7 (A) establish bylaws for the Foundation in 

8 accordance with paragraph (7); 

9 (B) provide overall direction for the activi10 ties of the Foundation and establish priority ac11 tivities; 

12 (C) carry out any other necessary activities 

13 of the Foundation; 

14 (D) evaluate the performance of the Exec15 utive Director; and 

16 (E) actively solicit and accept funds, gifts, 

17 grants, devises, or bequests of real or personal 

18 property to the Foundation, including from pri19 vate entities. 

20 (7) BYLAWS.— 

21 (A) IN GENERAL.—The bylaws established 

22 under paragraph (6)(A) may include— 

23 (i) policies for the selection of Board 

24 members, officers, employees, agents, and 

25 contractors of the Foundation; 


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1 (ii) policies, including ethical stand2 ards, for— 

3 (I) the acceptance, solicitation, 

4 and disposition of donations and 

5 grants to the Foundation, including 

6 appropriate limits on the ability of do7 nors to designate, by stipulation or re8 striction, the use or recipient of do9 nated funds; and 

10 (II) the disposition of assets of 

11 the Foundation; 

12 (iii) policies that subject all employ13 ees, fellows, trainees, and other agents of 

14 the Foundation (including members of the 

15 Board) to conflict of interest standards; 

16 and 

17 (iv) the specific duties of the Execu18 tive Director. 

19 (B) REQUIREMENTS.—The Board shall en20 sure that the bylaws of the Foundation and the 

21 activities carried out under those bylaws shall 

22 not— 

23 (i) reflect unfavorably on the ability of 

24 the Foundation to carry out activities in a 

25 fair and objective manner; or 


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1 (ii) compromise, or appear to com2 promise, the integrity of any governmental 

3 agency or program, or any officer or em4 ployee employed by, or involved in, a gov5 ernmental agency or program. 

6 (8) COMPENSATION.— 

7 (A) IN GENERAL.—No member of the 

8 Board shall receive compensation for serving on 

9 the Board. 

10 (B) CERTAIN EXPENSES.—In accordance 

11 with the bylaws of the Foundation, members of 

12 the Board may be reimbursed for travel ex13 penses, including per diem in lieu of subsist14 ence, and other necessary expenses incurred in 

15 carrying out the duties of the Board. 

16 (c) PURPOSE.—The purpose of the Foundation is to 

17 increase private and philanthropic sector investments that 

18 support efforts to create, develop, and commercialize inno19 vative technologies that address crosscutting national en20 ergy challenges by methods that include— 

21 (1) fostering collaboration and partnerships 

22 with researchers from the Federal Government, 

23 State governments, institutions of higher education, 

24 federally funded research and development centers, 

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1 search, development, or commercialization of trans2 formative energy and associated technologies; 

3 (2)(A) strengthening regional economic develop4 ment through scientific and energy innovation; and 

5 (B) disseminating lessons learned from that de6 velopment to foster the creation and growth of new 

7 regional energy innovation clusters; 

8 (3) promoting new product development that 

9 supports job creation; 

10 (4) administering prize competitions to accel11 erate private sector competition and investment; and 

12 (5) supporting programs that advance tech13 nologies from the prototype stage to a commercial 

14 stage. 

15 (d) ACTIVITIES.— 

16 (1) STUDIES, COMPETITIONS, AND PROJECTS.— 

17 The Foundation may conduct and support studies, 

18 competitions, projects, and other activities that fur19 ther the purpose of the Foundation described in sub20 section (c). 

21 (2) FELLOWSHIPS AND GRANTS.— 

22 (A) IN GENERAL.—The Foundation may 

23 award fellowships and grants for activities re24 lating to research, development, demonstration, 


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1 maturation, or commercialization of energy and 

2 other Department-supported technologies. 

3 (B) FORM OF AWARD.—A fellowship or 

4 grant under subparagraph (A) may consist of a 

5 stipend, health insurance benefits, funds for 

6 travel, and funds for other appropriate ex7 penses. 

8 (C) SELECTION.—In selecting a recipient 

9 for a fellowship or grant under subparagraph 

10 (A), the Foundation— 

11 (i) shall make the selection based on 

12 the technical and commercialization merits 

13 of the proposed project of the potential re14 cipient; and 

15 (ii) may consult with a potential re16 cipient regarding the ability of the poten17 tial recipient to carry out various projects 

18 that would further the purpose of the 

19 Foundation described in subsection (c). 

20 (D) NATIONAL LABORATORIES.—A Na21 tional Laboratory that applies for or accepts a 

22 grant under subparagraph (A) shall not be con23 sidered to be engaging in a competitive process. 

24 (3) ACCESSING FACILITIES AND EXPERTISE.— 

25 The Foundation may work with the Department— 


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1 (A) to leverage the capabilities and facili2 ties of National Laboratories to commercialize 

3 technology; and 

4 (B) to assist with resources, including 

5 through the development of internet websites 

6 that provide information on the capabilities and 

7 facilities of each National Laboratory relating 

8 to the commercialization of technology. 

9 (4) TRAINING AND EDUCATION.—The Founda10 tion may support programs that provide commer11 cialization training to researchers, scientists, and 

12 other relevant personnel at National Laboratories 

13 and institutions of higher education to help commer14 cialize federally funded technology. 

15 (5) MATURATION FUNDING.—The Foundation 

16 shall support programs that provide maturation 

17 funding to researchers to advance the technology of 

18 those researchers for the purpose of moving products 

19 from a prototype stage to a commercial stage. 

20 (6) STAKEHOLDER ENGAGEMENT.—The Foun21 dation shall convene, and may consult with, rep22 resentatives from the Department, institutions of 

23 higher education, National Laboratories, the private 

24 sector, and commercialization organizations to de25 velop programs for the purpose of the Foundation 


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1 described in subsection (c) and to advance the activi2 ties of the Foundation. 

3 (7) INDIVIDUAL LABORATORY FOUNDATIONS

4 PROGRAM.— 

5 (A) DEFINITION OF INDIVIDUAL LABORA6 TORY FOUNDATION.—In this paragraph, the 

7 term ‘‘Individual Laboratory Foundation’’ 

8 means a Laboratory Foundation established by 

9 a National Laboratory. 

10 (B) SUPPORT.—The Foundation shall pro11 vide support to and collaborate with Individual 

12 Laboratory Foundations. 

13 (C) GUIDELINES AND TEMPLATES.—For 

14 the purpose of providing support under sub15 paragraph (B), the Secretary shall establish 

16 suggested guidelines and templates for Indi17 vidual Laboratory Foundations, including— 

18 (i) a standard adaptable organiza19 tional design for the responsible manage20 ment of an Individual Laboratory Founda21 tion; 

22 (ii) standard and legally tenable by23 laws and money-handling procedures for 

24 Individual Laboratory Foundations; and 


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1 (iii) a standard training curriculum to 

2 orient and expand the operating expertise 

3 of personnel employed by an Individual 

4 Laboratory Foundation. 

5 (D) AFFILIATIONS.—Nothing in this para6 graph requires— 

7 (i) an existing Individual Laboratory 

8 Foundation to modify current practices or 

9 affiliate with the Foundation; or 

10 (ii) an Individual Laboratory Founda11 tion to be bound by charter or corporate 

12 bylaws as permanently affiliated with the 

13 Foundation. 

14 (8) SUPPLEMENTAL PROGRAMS.—The Founda15 tion may carry out supplemental programs— 

16 (A) to conduct and support forums, meet17 ings, conferences, courses, and training work18 shops consistent with the purpose of the Foun19 dation described in subsection (c); 

20 (B) to support and encourage the under21 standing and development of— 

22 (i) data that promotes the translation 

23 of technologies from the research stage, 

24 through the development and maturation 

25 stage, and ending in the market stage; and 


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1 (ii) policies that make regulation more 

2 effective and efficient by leveraging the 

3 technology translation data described in 

4 clause (i) for the regulation of relevant 

5 technology sectors; 

6 (C) for writing, editing, printing, pub7 lishing, and vending books and other materials 

8 relating to research carried out under the 

9 Foundation and the Department; and 

10 (D) to conduct other activities to carry out 

11 and support the purpose of the Foundation de12 scribed in subsection (c). 

13 (9) EVALUATIONS.—The Foundation shall sup14 port the development of an evaluation methodology, 

15 to be used as part of any program supported by the 

16 Foundation, that shall— 

17 (A) consist of qualitative and quantitative 

18 metrics; and 

19 (B) include periodic third party evaluation 

20 of those programs and other activities of the 

21 Foundation. 

22 (10) COMMUNICATIONS.—The Foundation shall 

23 develop an expertise in communications to promote 

24 the work of grant and fellowship recipients under 

25 paragraph (2), the commercialization successes of 


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1 the Foundation, opportunities for partnership with 

2 the Foundation, and other activities. 

3 (e) ADMINISTRATION.— 

4 (1) EXECUTIVE DIRECTOR.—The Board shall 

5 hire an Executive Director of the Foundation, who 

6 shall serve at the pleasure of the Board. 

7 (2) ADMINISTRATIVE CONTROL.—No member 

8 of the Board, officer or employee of the Foundation 

9 or of any program established by the Foundation, or 

10 participant in a program established by the Founda11 tion, shall exercise administrative control over any 

12 Federal employee. 

13 (3) STRATEGIC PLAN.—Not later than 1 year 

14 after the date of enactment of this Act, the Founda15 tion shall submit to the Committee on Energy and 

16 Natural Resources of the Senate and the Committee 

17 on Science, Space, and Technology of the House of 

18 Representatives a strategic plan that contains— 

19 (A) a plan for the Foundation to become 

20 financially self-sustaining in fiscal year 2022 

21 and thereafter (except for the amounts provided 

22 each fiscal year under subsection (l)(1)(C)); 

23 (B) a forecast of major crosscutting energy 

24 challenge opportunities, including short- and 

25 long-term objectives, identified by the Board, 


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1 with input from communities representing the 

2 entities and areas, as applicable, described in 

3 subsection (b)(2)(B)(ii); 

4 (C) a description of the efforts that the 

5 Foundation will take to be transparent in the 

6 processes of the Foundation, including proc7 esses relating to— 

8 (i) grant awards, including selection, 

9 review, and notification; 

10 (ii) communication of past, current, 

11 and future research priorities; and 

12 (iii) solicitation of and response to 

13 public input on the opportunities identified 

14 under subparagraph (B); and 

15 (D) a description of the financial goals and 

16 benchmarks of the Foundation for the following 

17 10 years. 

18 (4) ANNUAL REPORT.—Not later than 1 year 

19 after the date on which the Foundation is estab20 lished, and every 2 years thereafter, the Foundation 

21 shall submit to the Committee on Energy and Nat22 ural Resources of the Senate, the Committee on 

23 Science, Space, and Technology of the House of 

24 Representatives, and the Secretary a report that, for 

25 the year covered by the report— 


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1 (A) describes the activities of the Founda2 tion and the progress of the Foundation in fur3 thering the purpose of the Foundation de4 scribed in subsection (c); 

5 (B) provides a specific accounting of the 

6 source and use of all funds made available to 

7 the Foundation to carry out those activities; 

8 (C) describes how the results of the activi9 ties of the Foundation could be incorporated 

10 into the procurement processes of the General 

11 Services Administration; and 

12 (D) includes a summary of each evaluation 

13 conducted using the evaluation methodology de14 scribed in subsection (d)(9). 

15 (5) EVALUATION BY COMPTROLLER GEN16 ERAL.—Not later than 5 years after the date on 

17 which the Foundation is established, the Comptroller 

18 General of the United States shall submit to the 

19 Committee on Energy and Natural Resources of the 

20 Senate and the Committee on Science, Space, and 

21 Technology of the House of Representatives— 

22 (A) an evaluation of— 

23 (i) the extent to which the Foundation 

24 is achieving the mission of the Foundation; 

25 and 


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1 (ii) the operation of the Foundation; 

2 and 

3 (B) any recommendations on how the 

4 Foundation may be improved. 

5 (6) AUDITS.—The Foundation shall— 

6 (A) provide for annual audits of the finan7 cial condition of the Foundation; and 

8 (B) make the audits, and all other records, 

9 documents, and papers of the Foundation, 

10 available to the Secretary and the Comptroller 

11 General of the United States for examination or 

12 audit. 

13 (7) SEPARATE FUND ACCOUNTS.—The Board 

14 shall ensure that any funds received under sub15 section (l)(1) are held in a separate account from 

16 any other funds received by the Foundation. 

17 (8) INTEGRITY.— 

18 (A) IN GENERAL.—To ensure integrity in 

19 the operations of the Foundation, the Board 

20 shall develop and enforce procedures relating to 

21 standards of conduct, financial disclosure state22 ments, conflicts of interest (including recusal 

23 and waiver rules), audits, and any other mat24 ters determined appropriate by the Board. 


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1 (B) FINANCIAL CONFLICTS OF INTER2 EST.—Any individual who is an officer, em3 ployee, or member of the Board is prohibited 

4 from any participation in deliberations by the 

5 Foundation of a matter that would directly or 

6 predictably affect any financial interest of— 

7 (i) the individual; 

8 (ii) a relative (as defined in section 

9 109 of the Ethics in Government Act of 

10 1978 (5 U.S.C. App.)) of that individual; 

11 or 

12 (iii) a business organization or other 

13 entity in which the individual has an inter14 est, including an organization or other en15 tity with which the individual is negoti16 ating employment. 

17 (9) INTELLECTUAL PROPERTY.—The Board 

18 shall adopt written standards to govern the owner19 ship and licensing of any intellectual property rights 

20 developed by the Foundation or derived from the col21 laborative efforts of the Foundation. 

22 (10) LIABILITY.—The United States shall not 

23 be liable for any debts, defaults, acts, or omissions 

24 of the Foundation nor shall the full faith and credit 


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1 of the United States extend to any obligations of the 

2 Foundation. 

3 (11) NONAPPLICABILITY OF FACA.—The Fed4 eral Advisory Committee Act (5 U.S.C. App.) shall 

5 not apply to the Foundation. 

6 (f) DEPARTMENT COLLABORATION.— 

7 (1) NATIONAL LABORATORIES.—The Secretary 

8 shall collaborate with the Foundation to develop a 

9 process to ensure collaboration and coordination be10 tween the Department, the Foundation, and Na11 tional Laboratories— 

12 (A) to streamline contracting processes be13 tween National Laboratories and the Founda14 tion, including by— 

15 (i) streamlining the ability of the 

16 Foundation to transfer equipment and 

17 funds to National Laboratories; 

18 (ii) standardizing contract mecha19 nisms to be used by the Foundation; and 

20 (iii) streamlining the ability of the 

21 Foundation to fund endowed positions at 

22 National Laboratories; 

23 (B) to allow a National Laboratory or site 

24 of a National Laboratory— 


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1 (i) to accept and perform work for the 

2 Foundation, consistent with provided re3 sources, notwithstanding any other provi4 sion of law governing the administration, 

5 mission, use, or operations of the National 

6 Laboratory or site, as applicable; and 

7 (ii) to perform that work on a basis 

8 equal to other missions at the National 

9 Laboratory; and 

10 (C) to permit the director of any National 

11 Laboratory or site of a National Laboratory to 

12 enter into a cooperative research and develop13 ment agreement or negotiate a licensing agree14 ment with the Foundation pursuant to section 

15 12 of the Stevenson-Wydler Technology Innova16 tion Act of 1980 (15 U.S.C. 3710a). 

17 (2) DEPARTMENT LIAISONS.—The Secretary 

18 shall appoint liaisons from across the Department to 

19 collaborate and coordinate with the Foundation. 

20 (3) ADMINISTRATION.—The Secretary shall le21 verage appropriate arrangements, contracts, and di22 rectives to carry out the process developed under 

23 paragraph (1). 


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1 (g) NATIONAL SECURITY.—Nothing in this section 

2 exempts the Foundation from any national security policy 

3 of the Department. 

4 (h) SUPPORT SERVICES.—The Secretary shall pro5 vide facilities, utilities, and support services to the Foun6 dation if it is determined by the Secretary to be advan7 tageous to the research programs of the Department. 

8 (i) PREEMPTION OF AUTHORITY.—This section shall 

9 not preempt any authority or responsibility of the Sec10 retary under any other provision of law. 

11 (j) AUTHORIZATION OF APPROPRIATIONS.— 

12 (1) IN GENERAL.—There are authorized to be 

13 appropriated— 

14 (A) to the Secretary, not less than 

15 $1,500,000 for fiscal year 2021 to establish the 

16 Foundation; 

17 (B) to the Foundation, not less than 

18 $30,000,000 for fiscal year 2021 to carry out 

19 the activities of the Foundation; and 

20 (C) to the Foundation, not less than 

21 $3,000,000 for fiscal year 2022, and each fiscal 

22 year thereafter, for administrative and oper23 ational costs. 

24 (2) COST SHARE.—Funds made available under 

25 paragraph (1)(B) shall be required to be cost-shared 


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1 by a partner of the Foundation other than the De2 partment. 

3 TITLE IX—INDUSTRIAL INNOVA4 TION AND COMPETITIVENESS 

5 Subtitle A—Smart Manufacturing 

6 SEC. 9101. DEFINITIONS. 

7 In this subtitle: 

8 (1) ENERGY MANAGEMENT SYSTEM.—The term 

9 ‘‘energy management system’’ means a business 

10 management process based on standards of the 

11 American National Standards Institute that enables 

12 an organization to follow a systematic approach in 

13 achieving continual improvement of energy perform14 ance, including energy efficiency, security, use, and 

15 consumption. 

16 (2) INDUSTRIAL ASSESSMENT CENTER.—The 

17 term ‘‘industrial assessment center’’ means a center 

18 located at an institution of higher education that— 

19 (A) receives funding from the Department 

20 of Energy; 

21 (B) provides an in-depth assessment of 

22 small- and medium-sized manufacturer plant 

23 sites to evaluate the facilities, services, and 

24 manufacturing operations of the plant site; and 


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1 (C) identifies opportunities for potential 

2 savings for small- and medium-sized manufac3 turer plant sites from energy efficiency improve4 ments, waste minimization, pollution preven5 tion, and productivity improvement. 

6 (3) INFORMATION AND COMMUNICATION TECH7 NOLOGY.—The term ‘‘information and communica8 tion technology’’ means any electronic system or 

9 equipment (including the content contained in the 

10 system or equipment) used to create, convert, com11 municate, or duplicate data or information, including 

12 computer hardware, firmware, software, communica13 tion protocols, networks, and data interfaces. 

14 (4) INSTITUTION OF HIGHER EDUCATION.—The 

15 term ‘‘institution of higher education’’ has the 

16 meaning given the term in section 101(a) of the 

17 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

18 (5) NATIONAL LABORATORY.—The term ‘‘Na19 tional Laboratory’’ has the meaning given the term 

20 in section 2 of the Energy Policy Act of 2005 (42 

21 U.S.C. 15801). 

22 (6) NORTH AMERICAN INDUSTRY CLASSIFICA23 TION SYSTEM.—The term ‘‘North American Indus24 try Classification System’’ means the standard used 

25 by Federal statistical agencies in classifying business 


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1 establishments for the purpose of collecting, ana2 lyzing, and publishing statistical data relating to the 

3 business economy of the United States. 

4 (7) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Energy. 

6 (8) SMALL AND MEDIUM MANUFACTURERS.— 

7 The term ‘‘small and medium manufacturers’’ 

8 means manufacturing firms— 

9 (A) classified in the North American In10 dustry Classification System as any of sectors 

11 31 through 33; 

12 (B) with gross annual sales of less than 

13 $100,000,000; 

14 (C) with fewer than 500 employees at the 

15 plant site; and 

16 (D) with annual energy bills totaling more 

17 than $100,000 and less than $2,500,000. 

18 (9) SMART MANUFACTURING.—The term 

19 ‘‘smart manufacturing’’ means advanced tech20 nologies in information, automation, monitoring, 

21 computation, sensing, modeling, and networking 

22 that— 

23 (A) digitally— 

24 (i) simulate manufacturing production 

25 lines; 


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1 (ii) operate computer-controlled man2 ufacturing equipment; 

3 (iii) monitor and communicate pro4 duction line status; and 

5 (iv) manage and optimize energy pro6 ductivity and cost throughout production; 

7 (B) model, simulate, and optimize the en8 ergy efficiency of a factory building; 

9 (C) monitor and optimize building energy 

10 performance; 

11 (D) model, simulate, and optimize the de12 sign of energy efficient and sustainable prod13 ucts, including the use of digital prototyping 

14 and additive manufacturing to enhance product 

15 design; 

16 (E) connect manufactured products in net17 works to monitor and optimize the performance 

18 of the networks, including automated network 

19 operations; and 

20 (F) digitally connect the supply chain net21 work. 

22 SEC. 9102. DEVELOPMENT OF NATIONAL SMART MANUFAC23 TURING PLAN. 

24 (a) IN GENERAL.—Not later than 3 years after the 

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1 tion with the National Academies, shall develop and com2 plete a national plan for smart manufacturing technology 

3 development and deployment to improve the productivity 

4 and energy efficiency of the manufacturing sector of the 

5 United States. 

6 (b) CONTENT.— 

7 (1) IN GENERAL.—The plan developed under 

8 subsection (a) shall identify areas in which agency 

9 actions by the Secretary and other heads of relevant 

10 Federal agencies would— 

11 (A) facilitate quicker development, deploy12 ment, and adoption of smart manufacturing 

13 technologies and processes; 

14 (B) result in greater energy efficiency and 

15 lower environmental impacts for all American 

16 manufacturers; and 

17 (C) enhance competitiveness and strength18 en the manufacturing sectors of the United 

19 States. 

20 (2) INCLUSIONS.—Agency actions identified 

21 under paragraph (1) shall include— 

22 (A) an assessment of previous and current 

23 actions of the Department of Energy relating to 

24 smart manufacturing; 


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1 (B) the establishment of voluntary inter2 connection protocols and performance stand3 ards; 

4 (C) use of smart manufacturing to improve 

5 energy efficiency and reduce emissions in sup6 ply chains across multiple companies; 

7 (D) actions to increase cybersecurity in 

8 smart manufacturing infrastructure; 

9 (E) deployment of existing research re10 sults; and 

11 (F) the leveraging of existing high-per12 formance computing infrastructure. 

13 (c) BIENNIAL REVISIONS.—Not later than 2 years 

14 after the date on which the Secretary completes the plan 

15 under subsection (a), and not less frequently than once 

16 every 2 years thereafter, the Secretary shall revise the 

17 plan to account for advancements in information and com18 munication technology and manufacturing needs. 

19 (d) REPORT.—Annually until the completion of the 

20 plan under subsection (a), the Secretary shall submit to 

21 Congress a report on the progress made in developing the 

22 plan. 


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1 SEC. 9103. LEVERAGING EXISTING AGENCY PROGRAMS TO 

2 ASSIST SMALL AND MEDIUM MANUFACTUR3 ERS. 

4 (a) FINDINGS.—Congress finds that— 

5 (1) the Department of Energy has existing 

6 technical assistance programs that facilitate greater 

7 economic growth through outreach to and engage8 ment with small and medium manufacturers; 

9 (2) those technical assistance programs rep10 resent an important conduit for increasing the 

11 awareness of and providing education to small and 

12 medium manufacturers regarding the opportunities 

13 for implementing smart manufacturing; and 

14 (3) those technical assistance programs help fa15 cilitate the implementation of best practices. 

16 (b) EXPANSION OF TECHNICAL ASSISTANCE PRO17 GRAMS.—The Secretary shall expand the scope of tech18 nologies covered by the Industrial Assessment Centers of 

19 the Department of Energy— 

20 (1) to include smart manufacturing technologies 

21 and practices; and 

22 (2) to equip the directors of the Industrial As23 sessment Centers with the training and tools nec24 essary to provide technical assistance in smart man25 ufacturing technologies and practices, including en26 ergy management systems, to manufacturers. 


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1 SEC. 9104. LEVERAGING SMART MANUFACTURING INFRA2 STRUCTURE AT NATIONAL LABORATORIES. 

3 (a) STUDY.— 

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

5 after the date of enactment of this Act, the Sec6 retary shall conduct a study on how the Department 

7 of Energy can increase access to existing high-per8 formance computing resources in the National Lab9 oratories, particularly for small and medium manu10 facturers. 

11 (2) INCLUSIONS.—In identifying ways to in12 crease access to National Laboratories under para13 graph (1), the Secretary shall— 

14 (A) focus on increasing access to the com15 puting facilities of the National Laboratories; 

16 and 

17 (B) ensure that— 

18 (i) the information from the manufac19 turer is protected; and 

20 (ii) the security of the National Lab21 oratory facility is maintained. 

22 (3) REPORT.—Not later than 1 year after the 

23 date of enactment of this Act, the Secretary shall 

24 submit to Congress a report describing the results of 

25 the study. 


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1 (b) ACTIONS FOR INCREASED ACCESS.—The Sec2 retary shall facilitate access to the National Laboratories 

3 studied under subsection (a) for small and medium manu4 facturers so that small and medium manufacturers can 

5 fully use the high-performance computing resources of the 

6 National Laboratories to enhance the manufacturing com7 petitiveness of the United States. 

8 SEC. 9105. STATE LEADERSHIP GRANTS. 

9 (a) FINDING.—Congress finds that the States— 

10 (1) are committed to promoting domestic manu11 facturing and supporting robust economic develop12 ment activities; and 

13 (2) are uniquely positioned to assist manufac14 turers, particularly small and medium manufactur15 ers, with deployment of smart manufacturing 

16 through the provision of infrastructure, including— 

17 (A) access to shared supercomputing facili18 ties; 

19 (B) assistance in developing process sim20 ulations; and 

21 (C) conducting demonstrations of the bene22 fits of smart manufacturing. 

23 (b) GRANTS AUTHORIZED.—The Secretary may 

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1 porting the implementation of smart manufacturing tech2 nologies. 

3 (c) APPLICATION.— 

4 (1) IN GENERAL.—To be eligible to receive a 

5 grant under this section, a State shall submit to the 

6 Secretary an application at such time, in such man7 ner, and containing such information as the Sec8 retary may require. 

9 (2) CRITERIA.—The Secretary shall evaluate an 

10 application for a grant under this section on the 

11 basis of merit using criteria identified by the Sec12 retary, including— 

13 (A) the breadth of academic and private 

14 sector partners; 

15 (B) alternate sources of funding; 

16 (C) plans for dissemination of results; 

17 (D) the permanence of the infrastructure 

18 to be put in place by the project; and 

19 (E) whether the project will be of benefit 

20 or use to diverse and underserved communities. 

21 (d) REQUIREMENTS.— 

22 (1) TERM.—The term of a grant under this 

23 section shall not exceed 3 years. 


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1 (2) MAXIMUM AMOUNT.—The amount of a 

2 grant under this section shall be not more than 

3 $3,000,000. 

4 (3) MATCHING REQUIREMENT.—Each State 

5 that receives a grant under this section shall con6 tribute matching funds in an amount equal to not 

7 less than 30 percent of the amount of the grant. 

8 (e) USE OF FUNDS.—A State shall use a grant pro9 vided under this section— 

10 (1) to provide access to shared supercomputing 

11 facilities to small and medium manufacturers; 

12 (2) to fund research and development of trans13 formational manufacturing processes and materials 

14 technology that advance smart manufacturing; and 

15 (3) to provide tools and training to small and 

16 medium manufacturers on how to adopt energy 

17 management systems and implement smart manu18 facturing technologies in the facilities of the small 

19 and medium manufacturers. 

20 (f) EVALUATION.—The Secretary shall conduct bian21 nual evaluations of each grant made under this section— 

22 (1) to determine the impact and effectiveness of 

23 programs funded with the grant; and 

24 (2) to provide guidance to States on ways to 

25 better execute the program of the State. 


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1 (g) FUNDING.—There is authorized to be appro2 priated to the Secretary to carry out this section 

3 $10,000,000 for each of fiscal years 2021 through 2025. 

4 SEC. 9106. REPORT. 

5 The Secretary annually shall submit to Congress and 

6 make publicly available a report on the progress made in 

7 advancing smart manufacturing in the United States. 

8 Subtitle B—American Innovation 

9 and Manufacturing Leadership 

10 SEC. 9201. DEFINITIONS. 

11 In this subtitle: 

12 (1) ADMINISTRATOR.—The term ‘‘Adminis13 trator’’ means the Administrator of the Environ14 mental Protection Agency. 

15 (2) ALLOWANCE.—The term ‘‘allowance’’ 

16 means a limited authorization for the production or 

17 the consumption, as applicable, of a regulated sub18 stance in accordance with this subtitle. 

19 (3) CONSUMPTION.—The term ‘‘consumption’’ 

20 means, with respect to any regulated substance, the 

21 amount of that regulated substance produced in the 

22 United States, plus the amount imported, minus the 

23 amount exported. 

24 (4) CONSUMPTION BASELINE.—The term ‘‘con25 sumption baseline’’ means the baseline established 


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1 for consumption of regulated substances under sec2 tion 9204(a)(2). 

3 (5) DESTROY.—The term ‘‘destroy’’ means de4 struction by process or technology as approved by 

5 regulation by the Administrator. 

6 (6) EXCHANGE VALUE.—The term ‘‘exchange 

7 value’’ means, for each regulated substance and each 

8 substance referenced in paragraph (1)(B), (1)(C), 

9 (2)(B), or (2)(C) of section 9204(a), the value by 

10 which the mass of such substance shall be multiplied 

11 for purposes of calculations under section 9204. 

12 (7) EXPORT.—The term ‘‘export’’ means the 

13 transport of a regulated substance from any place 

14 subject to the jurisdiction of the United States to 

15 any place not subject to the jurisdiction of the 

16 United States. 

17 (8) IMPORT.—The term ‘‘import’’ means to 

18 land on, bring into, or introduce into, or attempt to 

19 land on, bring into, or introduce into, any place sub20 ject to the jurisdiction of the United States, whether 

21 or not such landing, bringing, or introduction con22 stitutes an importation within the meaning of the 

23 customs laws of the United States. 


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1 (9) PERSON.—The term ‘‘person’’ has the 

2 meaning given to such term in section 302 of the 

3 Clean Air Act (42 U.S.C. 7602). 

4 (10) PRODUCE, PRODUCED, AND PRODUC5 TION.—The terms ‘‘produce’’, ‘‘produced’’, and 

6 ‘‘production’’ refer to the manufacture in the United 

7 States of a regulated substance from any raw mate8 rial or feedstock chemical, but such terms do not in9 clude— 

10 (A) the manufacture of a regulated sub11 stance that is used and entirely consumed (ex12 cept for trace quantities) in the manufacture of 

13 other chemicals; 

14 (B) the reuse or recycling of a regulated 

15 substance; or 

16 (C) amounts that are destroyed. 

17 (11) PRODUCTION BASELINE.—The term ‘‘pro18 duction baseline’’ means the baseline established for 

19 production of regulated substances under section 

20 9204(a)(1). 

21 (12) RECLAIM, RECLAIMED, AND RECLAIM22 ING.—The terms ‘‘reclaim’’, ‘‘reclaimed’’, and ‘‘re23 claiming’’ mean the reprocessing of a recovered reg24 ulated substance to, at a minimum, the purity speci25 fied by and verified in accordance with the Air-ConVerDate Sep 11 2014 00:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00852 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.RFS H4447

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1 ditioning, Heating, and Refrigeration Institute 

2 (AHRI) Standard 700–2016 (or an appropriate suc3 cessor standard adopted by the Administrator). 

4 (13) RECOVER AND RECOVERED.—The terms 

5 ‘‘recover’’ and ‘‘recovered’’ mean the removal of a 

6 regulated substance in any condition from equipment 

7 and the storage of such regulated substance in an 

8 external container without necessarily testing or 

9 processing such regulated substance in any way. 

10 (14) REGULATED SUBSTANCE.—The term ‘‘reg11 ulated substance’’ means a substance on the list 

12 published pursuant to section 9202. 

13 (15) UNITED STATES.—The term ‘‘United 

14 States’’ means any place subject to the jurisdiction 

15 of the United States. 

16 SEC. 9202. LISTING OF REGULATED SUBSTANCES. 

17 (a) LIST OF REGULATED SUBSTANCES.—The Ad18 ministrator shall maintain a list of regulated substances, 

19 listed by chemical name and common name. The Adminis20 trator shall publish such list and each update thereto in 

21 the Federal Register. Not later than 180 days after the 

22 date of enactment of this Act, the Administrator shall es23 tablish the initial such list. The initial list under this sub24 section shall contain the following: 


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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 

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 

1 (b) REQUIREMENTS.—The list required under sub2 section (a) shall include the exchange value of each regu3 lated substance, as set forth in table 1 of this section or, 

4 for additional regulated substances listed pursuant to sub5 section (c), as determined by the Administrator pursuant 

6 to the requirements of that subsection. 

7 (c) ADDITIONAL REGULATED SUBSTANCES.—The 

8 Administrator may, by regulation, add a substance to the 

9 list published under subsection (a) if such substance— 


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1 (1) is a saturated hydrofluorocarbon; and 

2 (2) has an exchange value, as determined by 

3 the Administrator on the basis of widely used or 

4 commonly accepted credible current scientific infor5 mation relating to infrared absorption and kinetic 

6 rate constants, of not less than 53. 

7 (d) SAVINGS PROVISION.—Nothing in this section au8 thorizes the Administrator to add to the list under sub9 section (a), for purposes of phasing down production or 

10 consumption under section 9204, a blend of substances. 

11 The preceding sentence does not affect the authority of 

12 the Administrator to regulate a regulated substance within 

13 a blend of substances. 

14 SEC. 9203. MONITORING AND REPORTING REQUIREMENTS. 

15 (a) REPORTS.— 

16 (1) IN GENERAL.—On a periodic basis to be de17 termined by the Administrator, but which shall be 

18 not less than annually, each person who produced, 

19 imported, exported, reclaimed, destroyed, used and 

20 entirely consumed (except for trace quantities) in 

21 the manufacture of other chemicals, or used as a 

22 process agent a regulated substance shall submit a 

23 report to the Administrator setting forth the amount 

24 of each such substance that such person during the 

25 preceding reporting period— 


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1 (A) produced; 

2 (B) imported; 

3 (C) exported; 

4 (D) reclaimed; 

5 (E) destroyed; 

6 (F) used and entirely consumed (except for 

7 trace quantities) in the manufacture of other 

8 chemicals; or 

9 (G) used as a process agent. 

10 (2) ATTESTATION.—Each report submitted 

11 under paragraph (1) shall be signed and attested by 

12 a responsible officer (as such term is used in section 

13 603(b) of the Clean Air Act (42 U.S.C. 7671b(b)). 

14 (b) CESSATION OF REPORTING REQUIREMENT.—If a 

15 person subject to subsection (a)(1) permanently ceases 

16 production, importation, exportation, reclaiming, destruc17 tion, use and entire consumption (except for trace quan18 tities), or process agent use, of a regulated substance, such 

19 person shall— 

20 (1) submit a report under such subsection for 

21 the reporting period in which such cessation occurs; 

22 (2) notify the Administrator of such cessation 

23 prior to the end of such reporting period; and 


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1 (3) not be subject to such subsection with re2 spect to such regulated substance for subsequent re3 porting periods. 

4 (c) BASELINE REPORTS.— 

5 (1) INITIAL REPORT.—Each person reporting 

6 pursuant to subsection (a)(1) shall include in the 

7 first required such report, in addition to the infor8 mation required by subsection (a)(1) to be reported 

9 for the applicable reporting period, the amount of 

10 each regulated substance, in each of calendar years 

11 2011 through 2013, produced, imported, exported, 

12 reclaimed, destroyed, used and entirely consumed 

13 (except for trace quantities) in the manufacture of 

14 other chemicals, or used as a process agent. 

15 (2) ADDITIONAL SUBSTANCES.—In the case of 

16 a substance added to the list of regulated substances 

17 pursuant to section 9202(c), each person who pro18 duced, imported, exported, reclaimed, destroyed, 

19 used and entirely consumed (except for trace quan20 tities) in the manufacture of other chemicals, or 

21 used as a process agent, such regulated substance, 

22 shall submit to the Administrator, not later than 

23 180 days after the date on which such substance is 

24 added to the list, a report setting forth the amount 

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1 ported, exported, reclaimed, destroyed, used and en2 tirely consumed (except for trace quantities) in the 

3 manufacture of other chemicals, or used as a process 

4 agent in— 

5 (A) each of calendar years 2011 through 

6 2013; and 

7 (B) the calendar year in which this Act is 

8 enacted and each subsequent calendar year, if 

9 required by the Administrator in a regulation 

10 adding a substance to the list of regulated sub11 stances. 

12 (d) COORDINATION.—To the extent consistent with 

13 subsections (a) through (c), the Administrator may, by 

14 regulation, allow any person subject to the requirements 

15 of subsection (a)(1) to combine and include the informa16 tion required to be reported under that subsection with 

17 any other related information that the person is required 

18 to report to the Administrator. 

19 (e) REGULATIONS.—The Administrator shall promul20 gate regulations to implement this section. Not later than 

21 270 days after the date of enactment of this Act, the Ad22 ministrator shall promulgate such initial final regulations 

23 as may be necessary pursuant to the preceding sentence. 

24 SEC. 9204. PHASEDOWN OF REGULATED SUBSTANCES. 

25 (a) BASELINES.— 


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1 (1) PRODUCTION BASELINE.—The baseline for 

2 the phasedown of the production of regulated sub3 stances shall be the sum of— 

4 (A) the sum of the products of— 

5 (i) the average annual production in 

6 the United States of each regulated sub7 stance during the 3-year period of calendar 

8 years 2011, 2012, and 2013; multiplied by 

9 (ii) the respective exchange value of 

10 each regulated substance; 

11 (B) an amount equal to 15 percent of the 

12 sum of the products of— 

13 (i) the average production in the 

14 United States of each 

15 hydrochlorofluorocarbon in 1989; multi16 plied by 

17 (ii) the respective exchange value of 

18 each such hydrochlorofluorocarbon; and 

19 (C) an amount equal to 0.42 percent of the 

20 sum of the products of— 

21 (i) the average production in the 

22 United States of each chlorofluorocarbon 

23 in 1989; multiplied by 

24 (ii) the respective exchange value of 

25 each such chlorofluorocarbon. 


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1 (2) CONSUMPTION BASELINE.—The baseline for 

2 the phasedown of the consumption of regulated sub3 stances shall be the sum of— 

4 (A) an amount equal to the sum of the 

5 products of— 

6 (i) the average annual consumption in 

7 the United States of each regulated sub8 stance during the 3-year period of calendar 

9 years 2011, 2012, and 2013; multiplied by 

10 (ii) the respective exchange value of 

11 each such regulated substance; 

12 (B) an amount equal to 15 percent of the 

13 sum of the products of— 

14 (i) the average consumption in the 

15 United States of each 

16 hydrochlorofluorocarbon in 1989; multi17 plied by 

18 (ii) the respective exchange value of 

19 each such hydrochlorofluorocarbon; and 

20 (C) an amount equal to 0.42 percent of the 

21 sum of the products of— 

22 (i) the average consumption in the 

23 United States of each chlorofluorocarbon 

24 in 1989; multiplied by 


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1 (ii) the respective exchange value of 

2 each such chlorofluorocarbon. 

3 (3) EXCHANGE VALUES.—For purposes of 

4 paragraphs (1) and (2), the following exchange val5 ues for hydrochlorofluorocarbons and 

6 chlorofluorocarbons respectively shall apply: 

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 

7 (b) ALLOWANCES.— 

8 (1) FRAMEWORK REGULATIONS.—The Adminis9 trator shall, by regulation, establish an allowance al10 location and trading program to phase down the 

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1 stances in accordance with this section. Not later 

2 than 270 days after the date of enactment of this 

3 Act, the Administrator shall promulgate such final 

4 regulations as may be necessary to establish the pro5 gram required by the preceding sentence. 

6 (2) ALLOCATIONS.—Not later than October 1 

7 of each calendar year following the promulgation of 

8 final regulations pursuant to the second sentence of 

9 paragraph (1): 

10 (A) The Administrator shall establish a 

11 quantity of production allowances and a quan12 tity of consumption allowances. The quantities 

13 established pursuant to this paragraph shall not 

14 exceed the applicable percentages of the produc15 tion baseline and of the consumption baseline 

16 for the calendar year involved as specified in 

17 the following table 4: 

Table 4 

Calendar year 

Percentage of 

Production 

Baseline 

Percentage of 

Consumption 

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% 


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1 (B) The Administrator shall, by regulation, 

2 allocate such production allowances and con3 sumption allowances up to the quantities of 

4 such allowances established pursuant to this 

5 paragraph for the succeeding calendar year. 

6 The Administrator may, at the Administrator’s 

7 discretion, so allocate allowances through a sin8 gle rulemaking for multiple succeeding calendar 

9 years. 

10 (3) PROHIBITION.—Effective January 1 of the 

11 calendar year immediately following the issuance of 

12 a final regulation pursuant to the second sentence of 

13 paragraph (1), it shall be unlawful for a person to 

14 do any of the following: 

15 (A) Production of a regulated substance 

16 without holding a production allowance that au17 thorizes such production. 

18 (B) Consumption of a regulated substance 

19 without holding a consumption allowance that 

20 authorizes such consumption. 

21 (C) Holding, using, or transferring any 

22 production allowance or consumption allowance 

23 allocated under this section, except in accord24 ance with regulations promulgated by the Ad25 ministrator pursuant to paragraphs (1) and (2). 


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1 (4) NATURE OF ALLOWANCES.—An allowance 

2 does not constitute a property right. Nothing in this 

3 subtitle or in any other provision of law shall be con4 strued to limit the authority of the United States to 

5 terminate or limit the authorization for the produc6 tion or consumption of a regulated substance, as ap7 plicable, granted by the allowance. 

8 (5) COMPLIANCE.—For each year listed in table 

9 4, the Administrator shall ensure that the annual 

10 quantity of production or consumption in the United 

11 States of all regulated substances does not exceed 

12 the product obtained by multiplying the production 

13 baseline or consumption baseline, as applicable, and 

14 the applicable percentage listed in table 4. 

15 (c) TRANSFERS.—The regulations required by sub16 section (b)(1) shall— 

17 (1) utilize the exchange values for each regu18 lated substance established by or pursuant to section 

19 9202; 

20 (2) ensure that transfers of production allow21 ances and consumption allowances will result in 

22 greater total reductions in the annual production or 

23 consumption, as applicable, of regulated substances 

24 than would occur in that year in the absence of such 

25 transfers; and 


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1 (3) authorize the transfer of production allow2 ances or consumption allowances among two or more 

3 persons only if the transferor and transferee are 

4 subject to an enforceable and quantifiable reduction 

5 in, respectively, annual production or consumption. 

6 (d) SCHEDULE.— 

7 (1) IN GENERAL.— 

8 (A) REGULATIONS.—Subject to paragraph 

9 (3), the Administrator may, in response to a pe10 tition submitted to the Administrator in accord11 ance with paragraph (2), promulgate regula12 tions which establish a schedule for phasing 

13 down the production and the consumption of 

14 regulated substances that is more stringent 

15 than set forth in table 4 in subsection (b), if, 

16 based on the availability of substitutes for regu17 lated substances, the Administrator determines 

18 that such more stringent schedule is prac19 ticable, taking into account technological 

20 achievability, commercial demands, safety, and 

21 other relevant factors, including the quantities 

22 of regulated substances available from reclaim23 ing or from prior production or prior import. 

24 (B) UNIFORM APPLICATION.—In any regu25 lations under subparagraph (A), the AdminisVerDate Sep 11 2014 00:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00865 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.RFS H4447

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1 trator shall apply any more stringent phase2 down schedule uniformly to the allocation of 

3 production allowances and consumption allow4 ances as provided under subsection (b). 

5 (2) PETITION.— 

6 (A) SUBMISSION.—Any person may peti7 tion the Administrator to promulgate regula8 tions under this subsection. 

9 (B) DISPOSITION.—The Administrator 

10 shall grant or deny any petition under subpara11 graph (A) within 270 days after receipt of any 

12 such petition. 

13 (C) DENIAL.—If the Administrator denies 

14 any such petition, the Administrator shall pub15 lish in the Federal Register an explanation of 

16 why the petition was denied. 

17 (D) GRANTING.—If the Administrator 

18 grants any such petition, the Administrator 

19 shall— 

20 (i) propose regulations implementing 

21 a more stringent phasedown schedule not 

22 later than 270 days after granting the pe23 tition; and 

24 (ii) promulgate final regulations im25 plementing a more stringent phasedown 


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1 schedule not later than 365 days after pro2 posing such regulations. 

3 (E) PUBLIC AVAILABILITY.—The Adminis4 trator shall— 

5 (i) submit for publication in the Fed6 eral Register a notice of the availability of 

7 each petition received pursuant to this 

8 paragraph not later than 60 days after re9 ceipt of such petition; and 

10 (ii) shall make each such petition 

11 available in full upon request. 

12 (F) REQUIRED SHOWING.—Any petition 

13 under subparagraph (A) shall include a showing 

14 by the petitioner that there are adequate data 

15 to support the petition. 

16 (G) INSUFFICIENT INFORMATION.—If the 

17 Administrator determines that data are not 

18 adequate to grant or deny the petition, the Ad19 ministrator shall use any authority available to 

20 the Administrator, under any applicable law, to 

21 acquire such data. 

22 (3) LIMITATION.—The Administrator may not 

23 promulgate a more stringent phasedown schedule 

24 under this subsection applicable to any calendar year 

25 prior to calendar year 2024. 


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1 (e) ESSENTIAL USES.— 

2 (1) PETITION; AUTHORIZATION.—The Adminis3 trator may, by regulation, allocate to a person addi4 tional production allowances or consumption allow5 ances to authorize the production or consumption, 

6 respectively, beginning with calendar year 2034, for 

7 a period of up to 5 years, of a regulated substance 

8 in an amount up to 10 percent of the quantity of 

9 production or consumption of such regulated sub10 stance contributed by such person to the production 

11 baseline or the consumption baseline, as applicable, 

12 if the Administrator finds, based on a petition by 

13 such person, that— 

14 (A) such excess production or consumption 

15 is exclusively for an application with respect to 

16 which no substitute is available during such pe17 riod, considering technological achievability, 

18 commercial demands, safety, and other relevant 

19 factors; and 

20 (B) the available supply of such regulated 

21 substance, including any quantities of such reg22 ulated substance available from reclaiming, 

23 prior production, or prior import, and allow24 ances for such regulated substance, are insuffi25 cient to accommodate such application. 


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1 (2) EXTENSION.—The Administrator may, by 

2 regulation, allocate additional production allowances 

3 or consumption allowances, for additional periods of 

4 up to 5 years, in an amount up to 10 percent of the 

5 quantity of production or consumption of the regu6 lated substance contributed by the person involved to 

7 the production baseline or the consumption baseline, 

8 as applicable, if the Administrator finds, based on a 

9 petition by such person, that the criteria described 

10 in subparagraphs (A) and (B) of paragraph (1) con11 tinue to be satisfied. 

12 (3) EXCEPTION.—The Administrator may allo13 cate production allowances or consumption allow14 ances pursuant to this subsection in amounts that 

15 cause the total quantity of production allowances or 

16 consumption allowances in a year to exceed the max17 imum quantity permissible under subsection (b) for 

18 that year. 

19 (f) EXPORTS.— 

20 (1) EXPORTS OF EXCESS AMOUNTS.— 

21 (A) IN GENERAL.—Subject to subpara22 graphs (B) and (C) and paragraph (2), the Ad23 ministrator may, by regulation, issue additional 

24 production allowances for renewable periods of 

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1 lated substance at a facility located in the 

2 United States in excess of the amount author3 ized by the production allowances otherwise 

4 held by that person solely for export to, and use 

5 in, a foreign country. 

6 (B) PETITION REQUIRED.—Prior to 

7 issuing any additional production allowances to 

8 a person pursuant to subparagraph (A), the 

9 Administrator shall require the person to sub10 mit a petition in such manner and containing 

11 such information as the Administration may by 

12 regulation require. 

13 (C) LIMITATION.—The Administrator shall 

14 not issue any production allowances pursuant to 

15 subparagraph (A) in amounts that would cause 

16 the total quantity of production allowances in a 

17 year to exceed the maximum quantity of pro18 duction allowances permissible under subsection 

19 (b) for that year. 

20 (2) PROHIBITED EXPORT FOR CERTAIN COUN21 TRIES.—Beginning on January 1, 2033, no person 

22 subject to the requirements of this subtitle shall ex23 port a regulated substance to a foreign country that 

24 is not identified by the Administrator as having en25 acted or otherwise established the same or similar 


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1 requirements or otherwise undertaken commitments 

2 regarding the production and the consumption of 

3 regulated substances as are contained in this sub4 title. 

5 SEC. 9205. MANAGEMENT OF REGULATED SUBSTANCES. 

6 (a) SENSE OF CONGRESS.—It is the sense of Con7 gress that the Administrator should provide for a safe 

8 hydrofluorocarbon transition by ensuring that heating, 

9 ventilation, air conditioning, and refrigeration practi10 tioners are positioned to comply with safe servicing, re11 pair, disposal, or installation procedures. 

12 (b) REGULATIONS.— 

13 (1) IN GENERAL.—Not later than 24 months 

14 after the date of enactment of this Act, the Adminis15 trator shall, for purposes of maximizing reclaiming, 

16 minimizing the release of a regulated substance from 

17 equipment, and ensuring the safety of technicians 

18 and consumers, promulgate regulations to control, 

19 where appropriate, any practice, process, or activity 

20 regarding the servicing, repair, disposal, or installa21 tion of equipment that involves a regulated sub22 stance or a substitute for a regulated substance, in23 cluding the reclaiming of a regulated substance or a 

24 substitute for a regulated substance. 


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1 (2) MINIMUM STANDARDS.—The regulations 

2 promulgated under paragraph (1) may include, 

3 where appropriate, that any such servicing, repair, 

4 disposal, or installation be performed by a trained 

5 technician meeting minimum standards, as deter6 mined by the Administrator. 

7 (c) RECLAIM.— 

8 (1) CONSIDERATION.—The Administrator shall 

9 consider the use of any authority available to the 

10 Administrator under this subtitle to increase oppor11 tunities for the reclaiming of regulated substances. 

12 (2) REQUIREMENT.—Any regulated substance 

13 that is recovered shall be reclaimed before such reg14 ulated substance is sold or transferred to a new 

15 owner, except where such recovered regulated sub16 stance is sold or transferred to a new owner solely 

17 for the purposes of being reclaimed or destroyed. 

18 (d) COORDINATION.—In promulgating regulations to 

19 implement this section, the Administrator may coordinate 

20 such regulations with any other regulations promulgated 

21 by the Administrator that involve— 

22 (1) the same or similar practice, process, or ac23 tivity regarding the servicing, repair, disposal, or in24 stallation of equipment; or 

25 (2) reclaiming. 


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1 (e) INAPPLICABILITY.—Subsections (a) through (d) 

2 do not apply with respect to a regulated substance or a 

3 substitute for a regulated substance that is contained in 

4 a foam. 

5 SEC. 9206. TECHNOLOGY TRANSITIONS. 

6 (a) AUTHORITY.—The Administrator may, by regula7 tion and in accordance with this section, prohibit or re8 strict, including through a graduated schedule, the use of 

9 a regulated substance in a sector or subsector in which 

10 such regulated substance is used. 

11 (b) NEGOTIATED RULEMAKING.—The Administrator 

12 shall consider negotiating and developing a proposed regu13 lation under this section in accordance with the negotiated 

14 rulemaking procedure under subchapter III of chapter 5 

15 of title 5, United States Code (commonly referred to as 

16 the ‘‘Negotiated Rulemaking Act of 1990’’). If the Admin17 istrator decides to proceed with a negotiated rulemaking, 

18 the Administrator shall, to the extent the Administrator 

19 deems practicable, give priority to completing that rule20 making over completing concurrent non-negotiated 

21 rulemakings pursuant to this section. If the Administrator 

22 decides not to proceed with a negotiated rulemaking, the 

23 Administrator shall include an explanation of such deci24 sion in any proposed regulation published pursuant to this 

25 section. 


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1 (c) PETITION.— 

2 (1) SUBMISSION.—Any person may petition the 

3 Administrator to promulgate regulations under this 

4 section to prohibit or restrict the use of a regulated 

5 substance in a sector or subsector. 

6 (2) DISPOSITION.—The Administrator shall 

7 grant or deny a petition received pursuant to para8 graph (1) not later than 180 days after receipt of 

9 such petition. 

10 (3) DENIAL.—If the Administrator denies a pe11 tition received pursuant to paragraph (1), the Ad12 ministrator shall publish in the Federal Register an 

13 explanation of the Administrator’s decision. 

14 (4) GRANTING.—If the Administrator grants a 

15 petition received pursuant to paragraph (1), the Ad16 ministrator shall— 

17 (A) propose regulations prohibiting or re18 stricting the use of the regulated substance in 

19 the sector or subsector under subsection (a) not 

20 later than 270 days after granting such peti21 tion; and 

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1 section (a) not later than 365 days after pro2 posing such regulations. 

3 (5) PUBLIC AVAILABILITY.—The Administrator 

4 shall— 

5 (A) submit for publication in the Federal 

6 Register a notice of the availability of each peti7 tion received pursuant to this subsection not 

8 later than 60 days after receipt of such petition; 

9 and 

10 (B) shall make each such petition available 

11 in full upon request. 

12 (d) CRITERIA.—In promulgating regulations under 

13 this section, the Administrator shall consider— 

14 (1) promoting and supporting domestic eco15 nomic development; 

16 (2) maximizing protections for human health 

17 and the environment; 

18 (3) minimizing costs for the production, use, 

19 and reclaiming of regulated substances; 

20 (4) maximizing flexibility for the recovery, re21 claiming, and re-use of regulated substances; 

22 (5) ensuring consumer safety; 

23 (6) the availability of substitutes for regulated 

24 substances, taking into account technological 

25 achievability, commercial demands, safety, and other 


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1 relevant factors, including lead times for equipment 

2 conversion; and 

3 (7) minimizing any costs to consumers. 

4 (e) EVALUATION.—For purposes of this subtitle, the 

5 Administrator shall— 

6 (1) on an ongoing basis, evaluate the avail7 ability of substitutes for regulated substances in a 

8 sector or subsector, taking into account technological 

9 achievability, commercial demands, safety, and other 

10 relevant factors, including lead times for equipment 

11 conversion; and 

12 (2) maintain a public clearinghouse of such 

13 substitutes by sector and subsector, as applicable. 

14 (f) COORDINATION.—In promulgating regulations to 

15 prohibit or restrict the use of a regulated substance in a 

16 sector or subsector under this section, the Administrator 

17 may coordinate such regulations with any other regula18 tions pertaining to currently or potentially available sub19 stitutes for regulated substances. 

20 SEC. 9207. RULEMAKING AUTHORITY. 

21 (a) RULEMAKINGS.—The Administrator may promul22 gate such regulations as are necessary to carry out the 

23 functions of the Administrator under this subtitle. 

24 (b) DELEGATION.—The Administrator may delegate 

25 to any officer or employee of the Environmental Protection 


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1 Agency such of the powers and duties of the Administrator 

2 under this subtitle as the Administrator determines to be 

3 appropriate. 

4 (c) REQUIREMENTS.—In exercising any requirement 

5 or authority in this subtitle to act by regulation or to pro6 mulgate regulations, the Administrator shall comply with 

7 the requirements of section 307(d) of the Clean Air Act 

8 (42 U.S.C. 7607(d)). 

9 SEC. 9208. RELATIONSHIP TO OTHER LAWS. 

10 Sections 113, 114, 304, and 307 of the Clean Air 

11 Act (42 U.S.C. 7413, 7414, 7604, 7607) shall apply to 

12 this subtitle and any regulations promulgated by the Ad13 ministrator pursuant to this subtitle as though this sub14 title were included in title VI of the Clean Air Act (42 

15 U.S.C. 7671 et seq.). 

16 Subtitle C—Clean Industrial 

17 Technology 

18 SEC. 9301. PURPOSE. 

19 The purpose of this subtitle and the amendments 

20 made by this subtitle is to encourage the development and 

21 evaluation of innovative technologies aimed at increas22 ing— 

23 (1) the technological and economic competitive24 ness of industry and manufacturing in the United 

25 States; and 


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1 (2) the emissions reduction of nonpower indus2 trial sectors. 

3 SEC. 9302. INDUSTRIAL EMISSIONS REDUCTION TECH4 NOLOGY DEVELOPMENT PROGRAM. 

5 (a) IN GENERAL.—Subtitle D of title IV of the En6 ergy Independence and Security Act of 2007, as amended 

7 by this Act, is further amended by adding at the end the 

8 following: 

9 ‘‘SEC. 455. INDUSTRIAL EMISSIONS REDUCTION TECH10 NOLOGY DEVELOPMENT PROGRAM. 

11 ‘‘(a) DEFINITIONS.—In this section: 

12 ‘‘(1) DIRECTOR.—The term ‘Director’ means 

13 the Director of the Office of Science and Technology 

14 Policy. 

15 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en16 tity’ means— 

17 ‘‘(A) a scientist or other individual with 

18 knowledge and expertise in emissions reduction; 

19 ‘‘(B) an institution of higher education; 

20 ‘‘(C) a nongovernmental organization; 

21 ‘‘(D) a National Laboratory; 

22 ‘‘(E) a private entity; and 

23 ‘‘(F) a partnership or consortium of 2 or 

24 more entities described in subparagraphs (B) 

25 through (E). 


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1 ‘‘(3) EMISSIONS REDUCTION.— 

2 ‘‘(A) IN GENERAL.—The term ‘emissions 

3 reduction’ means the reduction, to the max4 imum extent practicable, of net nonwater green5 house gas emissions to the atmosphere by en6 ergy services and industrial processes. 

7 ‘‘(B) EXCLUSION.—The term ‘emissions 

8 reduction’ does not include the elimination of 

9 carbon embodied in the principal products of in10 dustrial manufacturing. 

11 ‘‘(4) INSTITUTION OF HIGHER EDUCATION.— 

12 The term ‘institution of higher education’ has the 

13 meaning given the term in section 101 of the Higher 

14 Education Act of 1965 (20 U.S.C. 1001). 

15 ‘‘(5) PROGRAM.—The term ‘program’ means 

16 the program established under subsection (b)(1). 

17 ‘‘(6) CRITICAL MATERIAL OR MINERAL.—The 

18 term ‘critical material or mineral’ means a material 

19 or mineral that serves an essential function in the 

20 manufacturing of a product and has a high risk of 

21 a supply disruption, such that a shortage of such a 

22 material or mineral would have significant con23 sequences for United States economic or national se24 curity. 


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1 ‘‘(b) INDUSTRIAL EMISSIONS REDUCTION TECH2 NOLOGY DEVELOPMENT PROGRAM.— 

3 ‘‘(1) IN GENERAL.—Not later than 1 year after 

4 the date of enactment of this section, the Secretary, 

5 in coordination with the Director and in consultation 

6 with the heads of relevant Federal agencies, Na7 tional Laboratories, industry, and institutions of 

8 higher education, shall establish a crosscutting re9 search, development, and demonstration program to 

10 further the development and commercial application 

11 of innovative industrial emissions reduction tech12 nologies that— 

13 ‘‘(A) increase the technological and eco14 nomic competitiveness of industry and manufac15 turing in the United States; and 

16 ‘‘(B) achieve emissions reduction in 

17 nonpower industrial sectors. 

18 ‘‘(2) COORDINATION.—In carrying out the pro19 gram, the Secretary shall, to the maximum extent 

20 practicable— 

21 ‘‘(A) coordinate with each relevant office in 

22 the Department and any other Federal agency; 

23 ‘‘(B) coordinate and collaborate with the 

24 Industrial Technology Innovation Advisory 

25 Committee established under section 456; and 


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1 ‘‘(C) coordinate with the energy-intensive 

2 industries program established under section 

3 452. 

4 ‘‘(3) LEVERAGE OF EXISTING RESOURCES.—In 

5 carrying out the program, the Secretary shall lever6 age, to the maximum extent practicable— 

7 ‘‘(A) existing resources and programs of 

8 the Department and other relevant Federal 

9 agencies; and 

10 ‘‘(B) public-private partnerships. 

11 ‘‘(c) FOCUS AREAS.—The program shall focus on, to 

12 the maximum extent practicable— 

13 ‘‘(1) industrial production processes, including 

14 technologies and processes that— 

15 ‘‘(A) achieve emissions reduction in high16 emissions industrial materials production proc17 esses, including production processes for iron, 

18 steel, steel mill products, aluminum, cement, 

19 concrete, glass, pulp, paper, and industrial ce20 ramics; 

21 ‘‘(B) achieve emissions reduction in 

22 medium- and high-temperature heat generation, 

23 including— 

24 ‘‘(i) through electrification of heating 

25 processes; 


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1 ‘‘(ii) through renewable heat genera2 tion technology; 

3 ‘‘(iii) through combined heat and 

4 power; and 

5 ‘‘(iv) by switching to alternative fuels, 

6 including hydrogen; 

7 ‘‘(C) achieve emissions reduction in chem8 ical production processes; 

9 ‘‘(D) leverage smart manufacturing tech10 nologies and principles, digital manufacturing 

11 technologies, and advanced data analytics to de12 velop advanced technologies and practices in in13 formation, automation, monitoring, computa14 tion, sensing, modeling, and networking that— 

15 ‘‘(i) simulate manufacturing produc16 tion lines; 

17 ‘‘(ii) monitor and communicate pro18 duction line status; 

19 ‘‘(iii) manage and optimize energy 

20 productivity and cost throughout produc21 tion; and 

22 ‘‘(iv) model, simulate, and optimize 

23 the energy efficiency of manufacturing 

24 processes; 


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1 ‘‘(E) leverage the principles of sustainable 

2 manufacturing and sustainable chemistry to 

3 minimize the negative environmental impacts of 

4 manufacturing while conserving energy and re5 sources, including— 

6 ‘‘(i) by designing products that enable 

7 reuse, refurbishment, remanufacturing, 

8 and recycling; 

9 ‘‘(ii) by minimizing waste from indus10 trial processes; and 

11 ‘‘(iii) by reducing resource intensity; 

12 and 

13 ‘‘(F) increase the energy efficiency of in14 dustrial processes; 

15 ‘‘(2) alternative materials that produce fewer 

16 emissions during production and result in fewer 

17 emissions during use, including— 

18 ‘‘(A) high-performance lightweight mate19 rials; and 

20 ‘‘(B) substitutions for critical materials 

21 and minerals; 

22 ‘‘(3) development of net-zero emissions liquid 

23 and gaseous fuels; 


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1 ‘‘(4) emissions reduction in shipping, aviation, 

2 and long distance transportation, including through 

3 the use of alternative fuels; 

4 ‘‘(5) carbon capture technologies for industrial 

5 processes; 

6 ‘‘(6) high-performance computing to develop ad7 vanced materials and manufacturing processes con8 tributing to the focus areas described in paragraphs 

9 (1) through (5), including— 

10 ‘‘(A) modeling, simulation, and optimiza11 tion to design energy efficient and sustainable 

12 products; and 

13 ‘‘(B) the use of digital prototyping and ad14 ditive manufacturing to enhance product de15 sign; 

16 ‘‘(7) other technologies that achieve net-zero 

17 emissions in nonpower industrial sectors as deter18 mined by Secretary in coordination with the Direc19 tor; 

20 ‘‘(8) incorporation of sustainable and green 

21 chemistry and engineering principles, practices, and 

22 methodologies, as the Secretary determines appro23 priate; and 


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1 ‘‘(9) other research or technology areas identi2 fied in the Emissions Reduction Roadmap author3 ized in section 456. 

4 ‘‘(d) GRANTS, CONTRACTS, COOPERATIVE AGREE5 MENTS, AND DEMONSTRATION PROJECTS.— 

6 ‘‘(1) GRANTS.—In carrying out the program, 

7 the Secretary shall award grants on a competitive 

8 basis to eligible entities for projects that the Sec9 retary determines would best achieve the goals of the 

10 program. 

11 ‘‘(2) CONTRACTS AND COOPERATIVE AGREE12 MENTS.—In carrying out the program, the Secretary 

13 may enter into contracts and cooperative agreements 

14 with eligible entities and Federal agencies for 

15 projects that the Secretary determines would further 

16 the purposes of the program. 

17 ‘‘(3) DEMONSTRATION PROJECTS.—In sup18 porting technologies developed under this section, 

19 the Secretary shall fund demonstration projects that 

20 test and validate technologies described in subsection 

21 (c). 

22 ‘‘(4) COST SHARING.—In awarding funds under 

23 this section, the Secretary shall require cost sharing 

24 in accordance with section 988 of the Energy Policy 

25 Act of 2005 (42 U.S.C. 16352). 


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1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Secretary to carry 

3 out the demonstration projects authorized in subsection 

4 (d)(3)— 

5 ‘‘(1) $20,000,000 for fiscal year 2021; 

6 ‘‘(2) $80,000,000 for fiscal year 2022; 

7 ‘‘(3) $100,000,000 for fiscal year 2023; 

8 ‘‘(4) $150,000,000 for fiscal year 2024; and 

9 ‘‘(5) $150,000,000 for fiscal year 2025. 

10 ‘‘(f) COORDINATION.—The Secretary shall carry out 

11 the activities authorized in this section in accordance with 

12 section 203 of the Department of Energy Research and 

13 Innovation Act (42 U.S.C. 18631).’’. 

14 (b) TECHNICAL AMENDMENT.—The table of contents 

15 of the Energy Independence and Security Act of 2007 

16 (Public Law 110–140; 121 Stat. 1494) is amended by in17 serting after the item relating to section 454 (as added 

18 by this Act) the following: 

‘‘Sec. 455. Industrial emissions reduction technology development program.’’. 

19 SEC. 9303. INDUSTRIAL TECHNOLOGY INNOVATION ADVI20 SORY COMMITTEE. 

21 (a) IN GENERAL.—Subtitle D of title IV of the En22 ergy Independence and Security Act of 2007, as amended 

23 by this Act, is further amended by adding at the end the 

24 following: 


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1 ‘‘SEC. 456. INDUSTRIAL TECHNOLOGY INNOVATION ADVI2 SORY COMMITTEE. 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) COMMITTEE.—The term ‘Committee’ 

5 means the Industrial Technology Innovation Advi6 sory Committee established under subsection (b). 

7 ‘‘(2) DIRECTOR.—The term ‘Director’ means 

8 the Director of the Office of Science and Technology 

9 Policy. 

10 ‘‘(3) EMISSIONS REDUCTION.—The term ‘emis11 sions reduction’ has the meaning given the term in 

12 section 455(a). 

13 ‘‘(4) PROGRAM.—The term ‘program’ means 

14 the industrial emissions reduction technology devel15 opment program established under section 

16 455(b)(1). 

17 ‘‘(b) ESTABLISHMENT.—Not later than 180 days 

18 after the date of enactment of this section, the Secretary, 

19 in coordination with the Director, shall establish an advi20 sory committee, to be known as the ‘Industrial Technology 

21 Innovation Advisory Committee’. 

22 ‘‘(c) MEMBERSHIP.— 

23 ‘‘(1) APPOINTMENT.—The Committee shall be 

24 comprised of not fewer than 15 members, who shall 

25 be appointed by the Secretary, in coordination with 

26 the Director. 


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1 ‘‘(2) REPRESENTATION.—Members appointed 

2 pursuant to paragraph (1) shall include— 

3 ‘‘(A) not less than 1 representative of each 

4 relevant Federal agency, as determined by the 

5 Secretary; 

6 ‘‘(B) not less than 2 representatives of 

7 labor groups; 

8 ‘‘(C) not less than 3 representatives of the 

9 research community, which shall include aca10 demia and National Laboratories; 

11 ‘‘(D) not less than 2 representatives of 

12 nongovernmental organizations; 

13 ‘‘(E) not less than 6 representatives of in14 dustry, the collective expertise of which shall 

15 cover every focus area described in section 

16 455(c); 

17 ‘‘(F) not less than 1 representative of a 

18 State government; and 

19 ‘‘(G) any other individual whom the Sec20 retary, in coordination with the Director, deter21 mines to be necessary to ensure that the Com22 mittee is comprised of a diverse group of rep23 resentatives of industry, academia, independent 

24 researchers, and public and private entities. 


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1 ‘‘(3) CHAIR.—The Secretary shall designate a 

2 member of the Committee to serve as Chair. 

3 ‘‘(d) DUTIES.— 

4 ‘‘(1) IN GENERAL.—The Committee shall— 

5 ‘‘(A) in consultation with the Secretary 

6 and the Director, develop the missions and 

7 goals of the program, which shall be consistent 

8 with the purposes of the program described in 

9 section 455(b)(1); 

10 ‘‘(B) advise the Secretary and the Director 

11 with respect to the program— 

12 ‘‘(i) by identifying and evaluating any 

13 technologies being developed by the private 

14 sector or other Federal agencies relating to 

15 the focus areas described in section 455(c); 

16 ‘‘(ii) by identifying technology gaps in 

17 the private sector in those focus areas, and 

18 making recommendations to address those 

19 gaps; 

20 ‘‘(iii) by surveying and analyzing fac21 tors that prevent the adoption of emissions 

22 reduction technologies by the private sec23 tor; and 

24 ‘‘(iv) by recommending technology 

25 screening criteria for technology developed 


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1 under the program to encourage adoption 

2 of the technology by the private sector; and 

3 ‘‘(C) develop the roadmap described in 

4 paragraph (2). 

5 ‘‘(2) EMISSIONS REDUCTION ROADMAP.— 

6 ‘‘(A) PURPOSE.—The purpose of the road7 map developed under paragraph (1)(C) is to set 

8 forth a plan for achieving the goals of the pro9 gram established in section 455(b)(1), including 

10 for the focus areas described in section 455(c). 

11 ‘‘(B) CONTENTS.—The roadmap developed 

12 under paragraph (1)(C) shall— 

13 ‘‘(i) specify near-term and long-term 

14 qualitative and quantitative objectives re15 lating to each focus area described in sec16 tion 455(c), including research, develop17 ment, demonstration, and commercial ap18 plication objectives; 

19 ‘‘(ii) leverage existing roadmaps rel20 evant to the program in section 455(b)(1) 

21 and the focus areas in section 455(c); 

22 ‘‘(iii) specify the anticipated time23 frame for achieving the objectives specified 

24 under clause (i); 


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1 ‘‘(iv) include plans for developing 

2 emissions reduction technologies that are 

3 globally cost-competitive, including in de4 veloping economies; and 

5 ‘‘(v) identify the appropriate role for 

6 investment by the Federal Government, in 

7 coordination with the private sector, to 

8 achieve the objectives specified under 

9 clause (i). 

10 ‘‘(e) MEETINGS.— 

11 ‘‘(1) FREQUENCY.—The Committee shall meet 

12 not less frequently than 2 times per year, at the call 

13 of the Chair. 

14 ‘‘(2) INITIAL MEETING.—Not later than 30 

15 days after the date on which the members are ap16 pointed under subsection (b), the Committee shall 

17 hold its first meeting. 

18 ‘‘(f) COMMITTEE REPORT.— 

19 ‘‘(1) IN GENERAL.—Not later than 2 years 

20 after the date of enactment of this section, and not 

21 less frequently than once every 3 years thereafter, 

22 the Committee shall submit to the Secretary a re23 port on the progress of achieving the purposes of the 

24 program. 


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1 ‘‘(2) CONTENTS.—The report under paragraph 

2 (1) shall include— 

3 ‘‘(A) a description of any technology inno4 vation opportunities identified by the Com5 mittee; 

6 ‘‘(B) a description of any technology gaps 

7 identified by the Committee under subsection 

8 (d)(1)(B)(ii); 

9 ‘‘(C) a review of the management, tech10 nology screening, coordination, and industry 

11 utility of the program; 

12 ‘‘(D) an evaluation of the progress of the 

13 program and the research, development, and 

14 demonstration activities funded under the pro15 gram; 

16 ‘‘(E) any recommended changes to the 

17 focus areas of the program described in section 

18 455(c); 

19 ‘‘(F) a description of the manner in which 

20 the Committee has carried out the duties de21 scribed in subsection (d)(1) and any relevant 

22 findings as a result of carrying out those duties; 

23 ‘‘(G) the roadmap developed by the Com24 mittee under subsection (d)(1)(C); 


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1 ‘‘(H) the progress made in achieving the 

2 goals set out in that roadmap; 

3 ‘‘(I) an assessment of the extent to which 

4 progress has been made under the program in 

5 developing commercial, cost-competitive tech6 nologies in each focus area described in section 

7 455(c); and 

8 ‘‘(J) an assessment of the effectiveness of 

9 the program in coordinating efforts within the 

10 Department and with other Federal agencies to 

11 achieve the purposes of the program. 

12 ‘‘(g) REPORT TO CONGRESS.—Not later than 60 days 

13 after receiving a report from the Committee under sub14 section (f), the Secretary shall submit a copy of that re15 port to the Committee on Science, Space, and Technology 

16 of the House of Representatives and the Committee on 

17 Energy and Natural Resources of the Senate. 

18 ‘‘(h) APPLICABILITY OF FEDERAL ADVISORY COM19 MITTEE ACT.—Except as otherwise provided in this sec20 tion, the Federal Advisory Committee Act (5 U.S.C. App.) 

21 shall apply to the Committee.’’. 

22 (b) TECHNICAL AMENDMENT.—The table of contents 

23 of the Energy Independence and Security Act of 2007 

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1 serting after the item relating to section 455 (as added 

2 by this Act) the following: 

‘‘Sec. 456. Industrial Technology Innovation Advisory Committee.’’. 

3 SEC. 9304. TECHNICAL ASSISTANCE PROGRAM TO IMPLE4 MENT INDUSTRIAL EMISSIONS REDUCTION. 

5 (a) IN GENERAL.—Subtitle D of title IV of the En6 ergy Independence and Security Act of 2007, as amended 

7 by this Act, is further amended by adding at the end the 

8 following: 

9 ‘‘SEC. 457. TECHNICAL ASSISTANCE PROGRAM TO IMPLE10 MENT INDUSTRIAL EMISSIONS REDUCTION. 

11 ‘‘(a) DEFINITIONS.—In this section: 

12 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en13 tity’ means— 

14 ‘‘(A) a State; 

15 ‘‘(B) a unit of local government; 

16 ‘‘(C) a territory or possession of the 

17 United States; 

18 ‘‘(D) a relevant State or local office, in19 cluding an energy office; 

20 ‘‘(E) a tribal organization (as defined in 

21 section 3765 of title 38, United States Code); 

22 ‘‘(F) an institution of higher education; 

23 ‘‘(G) a private entity; and 

24 ‘‘(H) a trade association or technical soci25 ety. 


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1 ‘‘(2) EMISSIONS REDUCTION.—The term ‘emis2 sions reduction’ has the meaning given the term in 

3 section 455(a). 

4 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 

5 The term ‘institution of higher education’ has the 

6 meaning given the term in section 101 of the Higher 

7 Education Act of 1965 (20 U.S.C. 1001). 

8 ‘‘(4) PROGRAM.—The term ‘program’ means 

9 the program established under subsection (b). 

10 ‘‘(b) ESTABLISHMENT.—Not later than one year 

11 after the date of enactment of this section, the Secretary 

12 shall establish a program to provide technical assistance 

13 to eligible entities to promote the commercial application 

14 of emission reduction technologies developed through the 

15 program established in section 455(b). 

16 ‘‘(c) APPLICATIONS.— 

17 ‘‘(1) APPLICATION PROCESS.—The Secretary 

18 shall seek applications for technical assistance under 

19 the program on a periodic basis, but not less fre20 quently than once every 12 months. 

21 ‘‘(2) PRIORITIES.—In selecting eligible entities 

22 for technical assistance under the program, the Sec23 retary shall give priority to an eligible entity— 

24 ‘‘(A) carrying out a commercial application 

25 of technology that has the greatest potential for 


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1 emissions reduction in nonpower industrial sec2 tors; 

3 ‘‘(B) located in a State that has histori4 cally relied on industrial sectors for a substan5 tial portion of the State economy, as deter6 mined by the Secretary, taking into account 

7 employment data, per capita income, and other 

8 indicators of economic output in the State; or 

9 ‘‘(C) located in a State that has experi10 enced significant decline in the economic con11 tribution of industry to the State.’’. 

12 (b) TECHNICAL AMENDMENT.—The table of contents 

13 of the Energy Independence and Security Act of 2007 

14 (Public Law 110–140; 121 Stat. 1494) is amended by in15 serting after the item relating to section 456 (as added 

16 by this Act) the following: 

‘‘Sec. 457. Technical assistance program to implement industrial emissions reduction.’’. 

17 SEC. 9305. COORDINATION OF RESEARCH AND DEVELOP18 MENT OF ENERGY EFFICIENT TECH19 NOLOGIES FOR INDUSTRY. 

20 Section 6(a) of the American Energy Manufacturing 

21 Technical Corrections Act (42 U.S.C. 6351(a)) is amend22 ed— 


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1 (1) by striking ‘‘Industrial Technologies Pro2 gram’’ each place it appears and inserting ‘‘Ad3 vanced Manufacturing Office’’; and 

4 (2) in the matter preceding paragraph (1), by 

5 striking ‘‘Office of Energy’’ and all that follows 

6 through ‘‘Office of Science’’ and inserting ‘‘Depart7 ment of Energy’’. 

8 Subtitle D—Combined Heat and 

9 Power Support 

10 SEC. 9401. CHP TECHNICAL ASSISTANCE PARTNERSHIP 

11 PROGRAM. 

12 (a) IN GENERAL.—Section 375 of the Energy Policy 

13 and Conservation Act (42 U.S.C. 6345) is amended to 

14 read as follows: 

15 ‘‘SEC. 375. CHP TECHNICAL ASSISTANCE PARTNERSHIP 

16 PROGRAM. 

17 ‘‘(a) RENAMING.— 

18 ‘‘(1) IN GENERAL.—The Clean Energy Applica19 tion Centers of the Department of Energy are redes20 ignated as the CHP Technical Assistance Partner21 ship Program (referred to in this section as the 

22 ‘Program’). 

23 ‘‘(2) PROGRAM DESCRIPTION.—The Program 

24 shall consist of— 


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1 ‘‘(A) the 10 regional CHP Technical As2 sistance Partnerships in existence on the date 

3 of enactment of the Clean Economy Jobs and 

4 Innovation Act; 

5 ‘‘(B) such other regional CHP Technical 

6 Assistance Partnerships as the Secretary may 

7 establish; and 

8 ‘‘(C) any supporting technical activities 

9 under the Technical Partnership Program of 

10 the Advanced Manufacturing Office. 

11 ‘‘(3) REFERENCES.—Any reference in any law, 

12 rule, regulation, or publication to a Combined Heat 

13 and Power Application Center or a Clean Energy 

14 Application Center shall be deemed to be a reference 

15 to the Program. 

16 ‘‘(b) CHP TECHNICAL ASSISTANCE PARTNERSHIP

17 PROGRAM.— 

18 ‘‘(1) IN GENERAL.—The Program shall— 

19 ‘‘(A) operate programs to encourage de20 ployment of combined heat and power, waste 

21 heat to power, and efficient district energy (col22 lectively referred to in this subsection as ‘CHP’) 

23 technologies by providing education and out24 reach to— 


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1 ‘‘(i) building, industrial, and electric 

2 and natural gas utility professionals; 

3 ‘‘(ii) State and local policymakers; 

4 and 

5 ‘‘(iii) other individuals and organiza6 tions with an interest in efficient energy 

7 use, local or opportunity fuel use, resil8 iency, or energy security, microgrids, and 

9 district energy; and 

10 ‘‘(B) provide project specific support to 

11 building and industrial professionals through 

12 economic and engineering assessments and ad13 visory activities. 

14 ‘‘(2) FUNDING FOR CERTAIN ACTIVITIES.— 

15 ‘‘(A) IN GENERAL.—The Program shall 

16 make funds available to institutions of higher 

17 education, research centers, and other appro18 priate institutions to ensure the continued oper19 ations and effectiveness of the regional CHP 

20 Technical Assistance Partnerships. 

21 ‘‘(B) USE OF FUNDS.—Funds made avail22 able under subparagraph (A) may be used— 

23 ‘‘(i) to research, develop, and dis24 tribute informational materials relevant to 

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1 tutional facilities, and Federal sites, in2 cluding continued support of the mission 

3 goals of the Department of Defense, on 

4 CHP and microgrid technologies, including 

5 continuation and updating of— 

6 ‘‘(I) the CHP installation data7 base; 

8 ‘‘(II) CHP technology potential 

9 analyses; 

10 ‘‘(III) State CHP resource pages; 

11 and 

12 ‘‘(IV) CHP Technical Assistance 

13 Partnerships websites; 

14 ‘‘(ii) to research, develop, and conduct 

15 target market workshops, reports, semi16 nars, internet programs, CHP resiliency 

17 resources, and other activities to provide 

18 education to end users, regulators, and 

19 stakeholders in a manner that leads to the 

20 deployment of CHP technologies; 

21 ‘‘(iii) to provide or coordinate onsite 

22 assessments for sites and enterprises that 

23 may consider deployment of CHP tech24 nology, including the potential use of bio25 mass CHP systems; 


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1 ‘‘(iv) to perform market research to 

2 identify high profile candidates for deploy3 ment of CHP technologies, hybrid renew4 able-CHP technologies, biomass CHP, 

5 microgrids, and clean energy; 

6 ‘‘(v) to provide nonbiased engineering 

7 support to sites considering deployment of 

8 CHP technologies; 

9 ‘‘(vi) to assist organizations and com10 munities developing clean energy tech11 nologies and policies in overcoming bar12 riers to deployment; and 

13 ‘‘(vii) to assist companies, commu14 nities, and organizations with field valida15 tion and performance evaluations of CHP 

16 and other clean energy technologies imple17 mented. 

18 ‘‘(C) DURATION.—The Program shall 

19 make funds available under subparagraph (A) 

20 for a period of 5 years. 

21 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to carry out this section 

23 $12,000,000 for each of fiscal years 2021 through 2025.’’. 

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1 ed by striking the item relating to section 375 and insert2 ing the following: 

‘‘375. CHP Technical Assistance Partnership Program.’’. 

3 Subtitle E—Title XVII Loan 

4 Program Reform 

5 SEC. 9501. LOAN PROGRAM OFFICE TITLE XVII REFORM. 

6 (a) TERMS AND CONDITIONS.—Section 1702 of the 

7 Energy Policy Act of 2005 (42 U.S.C. 16512) is amend8 ed— 

9 (1) by amending subsection (b) to read as fol10 lows: 

11 ‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBU12 TION.— 

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2), the cost of a guarantee shall be paid by 

15 the Secretary using an appropriation made for the 

16 cost of the guarantee, subject to the availability of 

17 such an appropriation. 

18 ‘‘(2) INSUFFICIENT APPROPRIATIONS.—If suffi19 cient appropriated funds to pay the cost of a guar20 antee are not available, then the guarantee shall not 

21 be made unless— 

22 ‘‘(A) the Secretary has received from the 

23 borrower a payment in full for the cost of the 

24 guarantee and deposited the payment into the 

25 Treasury; or 


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1 ‘‘(B) a combination of one or more appro2 priations and one or more payments from the 

3 borrower under this subsection has been made 

4 that is sufficient to cover the cost of the guar5 antee.’’; 

6 (2) in subsection (h)— 

7 (A) by amending paragraph (1) to read as 

8 follows: 

9 ‘‘(1) IN GENERAL.—The Secretary shall charge, 

10 and collect on or after the date of the financial close 

11 of an obligation, a fee for a guarantee in an amount 

12 that the Secretary determines is sufficient to cover 

13 applicable administrative expenses (including any 

14 costs associated with third-party consultants en15 gaged by the Secretary).’’; and 

16 (B) by adding at the following: 

17 ‘‘(3) REDUCTION IN FEE AMOUNT.—Notwith18 standing paragraph (1) and subject to the avail19 ability of appropriations, the Secretary may reduce 

20 the amount of a fee for a guarantee under this sub21 section.’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(l) APPLICATION STATUS.— 

24 ‘‘(1) REQUEST.—If the Secretary does not 

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1 antee under this title by the date that is 180 days 

2 after receipt of the application by the Secretary, the 

3 applicant may request, on or after that date and not 

4 more than once every 60 days thereafter until a final 

5 decision is made, that the Secretary provide to the 

6 applicant a response described in paragraph (2). 

7 ‘‘(2) RESPONSE.—Not later than 10 days after 

8 receiving a request from an applicant under para9 graph (1), the Secretary shall provide to the appli10 cant a response that includes— 

11 ‘‘(A) a description of the current status of 

12 review of the application; 

13 ‘‘(B) a summary of any factors that are 

14 delaying a final decision on the application, a 

15 list of what items are required in order to reach 

16 a final decision, citations to authorities stating 

17 the reasons why such items are required, and a 

18 list of actions the applicant can take to expedite 

19 the process; and 

20 ‘‘(C) an estimate of when a final decision 

21 on the application will be made. 

22 ‘‘(m) OUTREACH.—In carrying out this title, the Sec23 retary shall— 

24 ‘‘(1) provide assistance with the completion of 

25 applications for a guarantee under this title; 


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1 ‘‘(2) conduct outreach, including through con2 ferences and online programs, to disseminate infor3 mation to potential applicants; and 

4 ‘‘(3) conduct outreach to encourage participa5 tion of supporting finance institutions and private 

6 lenders in eligible projects. 

7 ‘‘(n) COORDINATION.—In carrying out this title, to 

8 the extent consistent with applicable law, the Secretary 

9 shall collaborate, coordinate, and share information with 

10 relevant offices within the Department. 

11 ‘‘(o) REPORT.—Not later than 2 years after the date 

12 of the enactment of this subsection and every 3 years 

13 thereafter, the Secretary shall submit to Congress a report 

14 on the status of projects receiving guarantees under this 

15 title, including— 

16 ‘‘(1) a list of such projects, including the guar17 antee amount, construction status, and financing 

18 partners of each such project; 

19 ‘‘(2) the status of each such project’s loan re20 payment, including interest paid and future repay21 ment projections; 

22 ‘‘(3) estimate of the greenhouse gas emissions 

23 avoided from each such project; 


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1 ‘‘(4) data regarding the number of direct and 

2 indirect jobs retained, restored, or created by such 

3 projects; 

4 ‘‘(5) the number of new projects projected to 

5 receive a guarantee under this title during the next 

6 2 years and the aggregate guarantee amount; and 

7 ‘‘(6) any other metrics the Secretary finds ap8 propriate.’’. 

9 (b) STATE LOAN ELIGIBILITY.— 

10 (1) DEFINITIONS.—Section 1701 of the Energy 

11 Policy Act of 2005 (42 U.S.C. 16511) is amended 

12 by adding at the end the following: 

13 ‘‘(6) INDIAN TRIBE, NATIVE CORPORATION, 

14 TRIBAL ENERGY DEVELOPMENT ORGANIZATION.— 

15 The terms ‘Indian tribe’, ‘Native Corporation’, and 

16 ‘tribal energy development organization’ have the 

17 meaning given such terms in section 2601 of the 

18 Energy Policy Act of 1992 (25 U.S.C. 3501). 

19 ‘‘(7) STATE.—The term ‘State’ has the mean20 ing given the term in section 202 of the Energy 

21 Conservation and Production Act (42 U.S.C. 6802). 

22 ‘‘(8) STATE ENERGY FINANCING INSTITU23 TION.— 

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1 pendent entity or an entity within a State agen2 cy or financing authority established by a State 

3 that may— 

4 ‘‘(i) provide financing support or cred5 it enhancements, including loan guarantees 

6 and loan loss reserves, for eligible projects; 

7 and 

8 ‘‘(ii) create liquid markets for eligible 

9 projects, including warehousing and 

10 securitization, or take other steps to reduce 

11 financial barriers to the deployment of ex12 isting and new eligible projects. 

13 ‘‘(B) INCLUSION.—The term ‘State energy 

14 financing institution’ includes an entity or orga15 nization established to achieve the purposes de16 scribed in clauses (i) and (ii) of subparagraph 

17 (A) by an Indian tribe, Native Corporation, or 

18 tribal energy development organization.’’. 

19 (2) TERMS AND CONDITIONS.—Section 1702 of 

20 the Energy Policy Act of 2005 (42 U.S.C. 16512) 

21 is further amended— 

22 (A) in subsection (a), by inserting ‘‘, in23 cluding projects receiving financial support or 

24 credit enhancements from a State energy fi25 nancing institution,’’ after ‘‘for projects’’; 


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1 (B) in subsection (d)(1), by inserting ‘‘, in2 cluding a guarantee for a project receiving fi3 nancial support or credit enhancements from a 

4 State energy financing institution,’’ after ‘‘No 

5 guarantee’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(p) STATE ENERGY FINANCING INSTITUTIONS.— 

8 ‘‘(1) PARTNERSHIPS AUTHORIZED.—State en9 ergy financing institutions providing financial sup10 port or credit enhancements for eligible projects may 

11 enter into partnerships with private entities, Indian 

12 tribes, Native Corporations, and tribal energy devel13 opment organizations. 

14 ‘‘(2) PROHIBITION ON USE OF APPROPRIATED

15 FUNDS.—Amounts appropriated to the Department 

16 before the date of enactment of this subsection shall 

17 not be available to be used for the cost of guarantees 

18 made to State energy financing institutions.’’. 

19 (c) PROJECT ELIGIBILITY EXPANSION.— 

20 (1) IN GENERAL.—The Energy Policy Act of 

21 2005 is amended by adding after section 1703 the 

22 following new section: 

23 ‘‘SEC. 1703A. OTHER ELIGIBLE PROJECTS. 

24 ‘‘(a) IN GENERAL.—The Secretary may make guar25 antees under this section only for projects that— 


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1 ‘‘(1) avoid, reduce, utilize, or sequester air pol2 lutants or anthropogenic emissions of greenhouse 

3 gases; and 

4 ‘‘(2) employ new or significantly improved tech5 nologies as compared to commercial technologies in 

6 service in the United States at the time the guar7 antee is issued, including projects that employ— 

8 ‘‘(A) a system of technologies that combine 

9 existing technologies in an innovative manner; 

10 ‘‘(B) elements of commercial technologies 

11 in combination with new or significantly im12 proved technologies; or 

13 ‘‘(C) new and innovative technologies de14 veloped outside the energy sector that enable 

15 modernization of existing energy infrastructure 

16 and systems. 

17 ‘‘(b) CATEGORIES.—Projects from the following cat18 egories shall be eligible for a guarantee under this section: 

19 ‘‘(1) Advanced nuclear energy facilities, includ20 ing manufacturing and deployment of nuclear supply 

21 components for advanced nuclear reactors. 

22 ‘‘(2) Carbon capture, utilization, and sequestra23 tion practices and technologies, including— 

24 ‘‘(A) agricultural and forestry practices 

25 that store and sequester carbon; and 


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1 ‘‘(B) synthetic technologies to remove car2 bon from the air and oceans. 

3 ‘‘(3) Energy storage technologies for residen4 tial, industrial, transportation, and power generation 

5 applications. 

6 ‘‘(4) Technologies and systems for reducing 

7 emissions of greenhouse gases with high global 

8 warming potential, including for reducing methane 

9 leakage from natural gas transmission and distribu10 tion infrastructure. 

11 ‘‘(5) Application of technologies, including data 

12 analytics, artificial intelligence, and other software 

13 to improve the energy efficiency, operations, and 

14 management of energy infrastructure, including elec15 tric grid operations. 

16 ‘‘(6) Energy-water use efficiency in water re17 sources infrastructure and water-using technologies. 

18 ‘‘(7) Technologies for improving the resilience 

19 or reliability of existing energy infrastructure, in20 cluding technologies that incorporate energy storage 

21 and grid modernization initiatives or improve the cy22 bersecurity of energy technologies. 

23 ‘‘(8) Technologies or processes for reducing 

24 greenhouse gas emissions from industrial applica25 tions, including iron, steel, cement, and ammonia 


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1 production, hydrogen production, and generation of 

2 high-temperature heat. 

3 ‘‘(9) Categories of projects and projects de4 scribed in section 1703. 

5 ‘‘(c) REGIONAL VARIATION.—Notwithstanding sub6 section (a)(2), the Secretary may, to account for regional 

7 variation in deployment of technology, make guarantees 

8 under this section for up to 6 projects that employ the 

9 same or similar technology as another project, provided 

10 no more than 2 projects that use the same or a similar 

11 technology are located in the same region of the United 

12 States. 

13 ‘‘(d) STATE ENERGY FINANCING INSTITUTIONS.— 

14 Notwithstanding subsection (a), the Secretary may use up 

15 to 25 percent of authority provided for commitments to 

16 guarantee loans under this title for projects— 

17 ‘‘(1) that are receiving financial support or 

18 credit enhancements from a State energy financing 

19 institution; and 

20 ‘‘(2) that meet the requirements of paragraph 

21 (1) of subsection (a), but do not meet the require22 ments of paragraph (2) of subsection (a). 

23 ‘‘(e) EMISSION LEVELS AND TAX CREDITS.—Sub24 sections (d) and (e) of section 1703 shall apply with re25 spect to projects receiving guarantees under this section.’’. 


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1 (2) APPLICABILITY.—Section 1702 of the En2 ergy Policy Act of 2005 (42 U.S.C. 16512) is fur3 ther amended by adding at the end the following: 

4 ‘‘(q) APPLICABILITY.—The Secretary shall not, for a 

5 period of 10 years after the date of enactment of this sub6 section, enter into a loan guarantee agreement for an eligi7 ble project— 

8 ‘‘(1) under section 1703A; or 

9 ‘‘(2) that is receiving financial support or credit 

10 enhancements from a State energy financing institu11 tion.’’. 

12 (3) CONFORMING AMENDMENTS.— 

13 (A) DEFINITION OF ELIGIBLE

14 PROJECTS.—Section 1701(3) of the Energy 

15 Policy Act of 2005 (42 U.S.C. 16511(3)) is 

16 amended by inserting ‘‘or section 1703A’’ after 

17 ‘‘section 1703’’. 

18 (B) TABLE OF CONTENTS.—The table of 

19 contents for the Energy Policy Act of 2005 is 

20 amended by inserting after the item relating to 

21 section 1703 the following: 

‘‘Sec. 1703A. Other eligible projects.’’. 

22 SEC. 9502. AUTHORIZATION OF APPROPRIATIONS. 

23 Section 1704 of the Energy Policy Act of 2005 (42 

24 U.S.C. 16514) is amended by adding at the end the fol25 lowing: 


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1 ‘‘(c) ADMINISTRATIVE AND OTHER EXPENSES.— 

2 There are authorized to be appropriated— 

3 ‘‘(1) $32,000,000 for each of fiscal years 2021 

4 through 2025 to carry out this title; and 

5 ‘‘(2) for fiscal year 2021, in addition to 

6 amounts authorized under paragraph (1), 

7 $25,000,000, to remain available until expended, for 

8 administrative expenses described in section 

9 1702(h)(1) that are not covered by fees collected 

10 pursuant to section 1702(h).’’. 

11 TITLE X—CRITICAL MATERIALS 

12 SEC. 10101. DEFINITIONS. 

13 In this title: 

14 (1) APPROPRIATE CONGRESSIONAL COMMIT15 TEES.—The term ‘‘appropriate Congressional com16 mittees’’ means the Committee on Science, Space, 

17 and Technology of the House of Representatives and 

18 the Committee on Commerce, Science, and Trans19 portation and the Committee on Energy and Natural 

20 Resources of the Senate. 

21 (2) CENTER.—The term ‘‘Center’’ means the 

22 Critical Materials Information Center established 

23 under section 10122(a). 

24 (3) DEPARTMENT.—The term ‘‘Department’’ 

25 means the Department of Energy. 


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1 (4) ENERGY CRITICAL MATERIAL.—The term 

2 ‘‘energy critical material’’ means any of a class of 

3 non-fuel materials that have a high risk of a supply 

4 disruption and are critical to one or more existing or 

5 new, energy-related technologies such that a sub6 stantial supply disruption of such material would 

7 significantly inhibit large-scale deployment of tech8 nologies that produce, transmit, store, or conserve 

9 energy. 

10 (5) INSTITUTION OF HIGHER EDUCATION.—The 

11 term ‘‘institution of higher education’’ has the 

12 meaning given such term in section 101(a) of the 

13 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

14 (6) PROGRAM.—The term ‘‘program’’ means 

15 the program authorized in section 10121(a). 

16 (7) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Energy. 

18 Subtitle A—Energy Critical 

19 Materials 

20 SEC. 10121. ENERGY CRITICAL MATERIALS PROGRAM. 

21 (a) AUTHORIZATION OF PROGRAM.— 

22 (1) IN GENERAL.—The Secretary shall carry 

23 out a cross-cutting program of research, develop24 ment, demonstration, and commercial application to 

25 assure the long-term, secure, and sustainable supply 


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1 of energy critical materials sufficient to satisfy the 

2 national security, economic well-being, public health, 

3 and industrial production needs of the United 

4 States. This program may be carried out primarily 

5 by an Energy Innovation Hub established under sec6 tion 206 of the Department of Energy Research Co7 ordination Act (42 U.S.C. 18632). 

8 (2) PROGRAM ACTIVITIES.—In carrying out this 

9 program, the Secretary shall focus on areas that the 

10 private sector by itself is not likely to undertake be11 cause of technical and financial uncertainty and sup12 port activities to— 

13 (A) identify, develop, and test alternative 

14 minerals, metals, and replacement materials 

15 that— 

16 (i) can be substituted for energy crit17 ical materials and maintain or exceed cur18 rent performance; or 

19 (ii) enable new component and system 

20 design options that lessen the need for en21 ergy critical materials; 

22 particularly those alternative materials with ex23 isting production sources within the United 

24 States and not subject to substantial supply 

25 disruptions; 


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1 (B) engineer and test diverse applications 

2 that— 

3 (i) accelerate recycling and use of re4 cycled energy critical materials; 

5 (ii) use alternative materials; or 

6 (iii) seek to minimize energy critical 

7 material content; 

8 (C) develop innovative technologies and 

9 practices to diversify commercially viable and 

10 sustainable domestic sources of energy critical 

11 materials, including technologies for recovery 

12 from waste streams, more efficient recovery of 

13 coproducts and byproducts, and reduction of 

14 energy intensity, environmental impact, and 

15 costs of the extraction, production, separation, 

16 alloying, and processing of energy critical mate17 rials; 

18 (D) improve the understanding of the per19 formance, processing, and adaptability in engi20 neering designs using energy critical materials; 

21 (E) develop advanced theoretical, computa22 tional, and experimental tools necessary to sup23 port the crosscutting research and development 

24 needs of diverse critical materials stakeholders; 


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1 (F) ensure that relevant facilities are avail2 able and equipped to assist in carrying out the 

3 direction of the program; 

4 (G) advance new mapping and analytical 

5 technologies and techniques that identify and 

6 characterize domestic critical materials re7 sources; and 

8 (H) improve the understanding of energy 

9 critical material supply chains, risks from sup10 ply disruption, supply restriction, volatility in 

11 demand, and ability to substitute. 

12 (3) COORDINATION.—In carrying out the pro13 gram under subsection (a) the Secretary of Energy 

14 shall coordinate and leverage resources and expertise 

15 across the Department and from— 

16 (A) Federal agencies; 

17 (B) National Laboratories; 

18 (C) academic institutions; 

19 (D) private sector entities, including small 

20 businesses; 

21 (E) nongovernmental organizations; and 

22 (F) other relevant entities or individuals. 

23 (4) EXPANDING PARTICIPATION.—In carrying 

24 out the program, the Secretary shall encourage mul25 tidisciplinary collaborations of participants, including 


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1 opportunities for students and post-doctoral staff at 

2 institutions of higher education. 

3 (5) INTERNATIONAL COLLABORATION.—In car4 rying out the program, the Secretary shall collabo5 rate, to the extent practicable, on activities of mu6 tual interest with the relevant agencies and non7 governmental organizations of foreign countries with 

8 interests relating to energy critical materials. 

9 (b) PLAN.— 

10 (1) IN GENERAL.—Within 180 days after the 

11 date of enactment of this Act and biennially there12 after, the Secretary shall prepare and submit to the 

13 appropriate Congressional committees a plan to 

14 carry out the program. 

15 (2) SPECIFIC REQUIREMENTS.—The plan re16 quired under paragraph (1) shall include a descrip17 tion of— 

18 (A) the research and development activities 

19 to be carried out by the program during the 

20 subsequent 2 years; 

21 (B) the expected contributions of the pro22 gram to the creation of innovative methods and 

23 technologies for the efficient and sustainable 

24 provision of energy critical materials to the do25 mestic economy; 


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1 (C) the expected activities of the program 

2 to mitigate the adverse environmental and 

3 health impacts of the extraction, processing, 

4 manufacturing, use, recovery, and recycling of 

5 energy critical materials; and 

6 (D) how the program is promoting the 

7 broadest possible participation by academic, in8 dustrial, the public, and other contributors. 

9 (3) CONSULTATION.—In preparing each plan 

10 under paragraph (1), the Secretary shall consult 

11 with appropriate representatives of industry, institu12 tions of higher education, Department of Energy na13 tional laboratories, professional and technical soci14 eties, other Federal agencies, States, tribes, the pub15 lic, and other entities, as determined by the Sec16 retary. 

17 (c) COORDINATION AND NONDUPLICATION.—To the 

18 maximum extent practicable, the Secretary shall ensure 

19 that the activities carried out under this subtitle are co20 ordinated with, and do not unnecessarily duplicate the ef21 forts of, other programs within the Federal Government. 

22 (d) STANDARD OF REVIEW.—Not later than 2 years 

23 after the date of the enactment of this Act the Secretary 

24 of Energy shall conduct a review of activities carried out 

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1 mine the achievement of technical milestones established 

2 in subsection (e). 

3 (e) CRITICAL MATERIALS CONSORTIUM.— 

4 (1) IN GENERAL.—Not later than 1 year after 

5 the date of enactment of this Act, the Secretary of 

6 Energy shall establish and operate a Critical Mate7 rials Consortium (referred to in this section as the 

8 ‘‘Consortium’’) for the purpose of supporting the 

9 program under subsection (a) by providing, to the 

10 maximum extent practicable, a centralized entity for 

11 multidisciplinary, collaborative, critical materials re12 search and development. 

13 (2) LEADERSHIP.—If an Energy Innovation 

14 Hub, consistent with section 206 of the Department 

15 of Energy Research Coordination Act, that is fo16 cused on energy critical materials exists on the date 

17 of enactment of this Act, then the Secretary shall le18 verage the personnel and expertise of such a Hub to 

19 manage the Consortium for at least a 3 year period 

20 following the establishment of the Consortium. 

21 (3) MEMBERSHIP.—The members of the Con22 sortium shall be representatives from relevant Fed23 eral agencies, the National Laboratories, institutions 

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1 stitutional collaborations, and other appropriate enti2 ties. 

3 (4) ACTIVITIES.—The Consortium shall— 

4 (A) develop and implement a multi-year 

5 program plan which includes the determination 

6 of technical goals and milestones and prioritizes 

7 leveraging of the user facilities, high perform8 ance computing capabilities, and expertise of 

9 the Department of Energy and the National 

10 Laboratories; and 

11 (B) submit an annual report to the Sec12 retary of Energy summarizing the activities of 

13 the Consortium which includes an evaluation of 

14 the Consortium’s role in the achievement of 

15 technical milestones determined in subpara16 graph (A). 

17 (5) DURATION.—The Consortium established 

18 under this subsection shall receive support for a pe19 riod of not more than 5 years, subject to the avail20 ability of appropriations. 

21 (6) RENEWAL.—Upon the expiration of any pe22 riod of support of the Consortium, the Secretary of 

23 Energy may renew support for the Consortium, on 

24 a merit-reviewed basis, for a period of not more than 

25 5 years. 


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1 (7) TERMINATION.—Consistent with the exist2 ing authorities of the Department, the Secretary of 

3 Energy may terminate the Consortium for cause 

4 during the performance period. 

5 (f) CRITICAL MATERIALS AND SUPPLY CHAIN RE6 SEARCH FACILITY.—The Secretary shall support con7 struction of a facility that provides an integrated, rapidly 

8 reconfigurable research platform to further enable re9 search and development activities throughout the supply 

10 chain for energy critical materials. 

11 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Secretary of En13 ergy $135,000,000 for each of fiscal years 2021 through 

14 2025 to carry out this section. 

15 SEC. 10122. CRITICAL MATERIALS RESEARCH DATABASE 

16 AND INFORMATION CENTER. 

17 (a) IN GENERAL.—In carrying out the program es18 tablished under section 10121, the Secretary, in consulta19 tion with the Director of the National Science Foundation 

20 shall establish and operate a Critical Materials Informa21 tion Center to collect, catalogue, disseminate, and archive 

22 information on energy critical materials in coordination 

23 with the Office of Scientific and Technical Information of 

24 the Department of Energy, and support the development 

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1 base of computed information on known and predicted 

2 critical materials and related material properties and com3 putational tools in order to— 

4 (1) accelerate breakthroughs in energy critical 

5 materials identification and design; 

6 (2) strengthen the foundation for technologies 

7 that will enable more sustainable recycling, substi8 tution, use, and recovery and minimize the environ9 mental impacts of methods for extraction, proc10 essing, and manufacturing of energy critical mate11 rials; and 

12 (3) drive the development of advanced materials 

13 for applications that span the Department’s missions 

14 in energy, environment, and national security. 

15 (b) ACTIVITIES.—In carrying out this section, the 

16 Secretary shall— 

17 (1) conduct cooperative research with industry, 

18 academia, and other research institutions to facili19 tate the design of novel materials, including critical 

20 materials and substitutes for critical materials; 

21 (2) leverage existing high-performance com22 puting systems to conduct high throughput calcula23 tions and develop computing and data mining algo24 rithms for the prediction of material properties, in25 cluding a focus on critical materials; 


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1 (3) leverage and support research in mineralogy 

2 and mineral chemistry to enhance the under3 standing, prediction, and manipulation of critical 

4 materials; 

5 (4) assist scientists and engineers in making 

6 the fullest possible use of the Department’s relevant 

7 data holdings, including the scientific and technical 

8 data generated by the research and development ac9 tivities funded under section 1021; 

10 (5) seek and incorporate other information on 

11 energy critical materials to enhance the Depart12 ment’s utility for program participants and other 

13 users; 

14 (6) manage and make available to researchers 

15 and the public accessible, curated, standardized, se16 cure, and privacy protected data sets from the public 

17 and private sectors for the purposes of critical mate18 rials research and development activities. 

19 (c) COORDINATION.—To carry out this section, the 

20 Secretary of Energy shall leverage and ensure the coordi21 nation of relevant programs, facilities, and activities 

22 across the Department, including the Critical Materials 

23 Consortium established under section 10121(e). 

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1 tion with the Director of the National Science Foundation, 

2 shall ensure proper security controls are in place to protect 

3 proprietary or sensitive data, as appropriate. 

4 SEC. 10123. CRITICAL MATERIALS INTERAGENCY SUB5 COMMITTEE. 

6 (a) IN GENERAL.—The Critical Minerals Sub7 committee of the National Science and Technology Council 

8 (referred to in this section as the ‘‘Subcommittee’’), shall 

9 coordinate Federal science and technology efforts to en10 sure secure, reliable, and environmentally sustainable sup11 plies of critical materials to the United States. 

12 (b) PURPOSES.—the purposes of the Subcommittee 

13 shall be— 

14 (1) to advise and assist the National Science 

15 and Technology Council, including the Committee on 

16 Homeland and National Security, on United States 

17 policies, procedures, and plans as it relates to crit18 ical materials, including— 

19 (A) Federal research, development, and 

20 commercial application efforts to minimize the 

21 environmental impacts of methods for extrac22 tions, concentration, separation and purification 

23 of conventional, secondary, and unconventional 

24 sources of critical materials; 


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1 (B) efficient use, substitution, and reuse of 

2 critical materials; 

3 (C) the critical materials workforce of the 

4 United States; and 

5 (D) United States private industry invest6 ments in innovation and technology transfer 

7 from federally funded science and technology; 

8 (2) to identify emerging opportunities, stimu9 late international cooperation, and foster the devel10 opment of secure and reliable supply chains of crit11 ical materials and establish scenario modeling sys12 tems for supply problems of critical materials and 

13 energy critical materials; 

14 (3) to ensure the transparency of information 

15 and data related to critical materials; and 

16 (4) to provide recommendations on coordination 

17 and collaboration among the research, development, 

18 and deployment programs and activities of Federal 

19 agencies to promote a secure and reliable supply of 

20 critical materials necessary to maintain national se21 curity, economic well-being, public health, and indus22 trial production. 

23 (c) RESPONSIBILITIES.—In carrying out paragraphs 

24 (1) and (2), the Subcommittee may, taking into account 


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1 the findings and recommendations of relevant advisory 

2 committees— 

3 (1) provide recommendations on how Federal 

4 agencies may improve the topographic, geologic, and 

5 geophysical mapping of the United States and im6 prove the discoverability, accessibility, and usability 

7 of the resulting and existing data, to the extent per8 mitted by law and subject to appropriate limitation 

9 for purposes of privacy and security; assess the 

10 progress towards developing critical materials recy11 cling and reprocessing technologies, and techno12 logical alternatives to critical materials; 

13 (2) establish a mechanism for the coordination 

14 and evaluation of Federal programs with energy crit15 ical material needs, including Federal programs in16 volving research and development, in a manner that 

17 complements related efforts carried out by the pri18 vate sector and other domestic and international 

19 agencies and organizations; 

20 (3) examine options for accessing and devel21 oping critical materials through investment and 

22 trade with our allies and partners and provide rec23 ommendations; 


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1 (4) evaluate and provide recommendations to 

2 incentivize the development and use of advances in 

3 science and technology in the private industry; 

4 (5) assess the need for and make recommenda5 tions to address the challenges the United States 

6 critical materials supply chain workforce faces, in7 cluding aging and retiring personnel and faculty, 

8 and foreign competition for United States talent; 

9 (6) develop, and update as necessary, a stra10 tegic plan to guide Federal programs and activities 

11 to enhance scientific and technical capabilities across 

12 critical material supply chains, including a roadmap 

13 that identifies key research and development needs 

14 and coordinates on-going activities for source diver15 sification, more efficient use, recycling, and substi16 tution for critical materials; as well as cross-cutting 

17 mining science, data science techniques, materials 

18 science, manufacturing science and engineering, 

19 computational modeling, and environmental health 

20 and safety research and development; and 

21 (7) assess the need for, and make recommenda22 tions concerning, the availability and adequacy of 

23 the supply of technically trained personnel necessary 

24 for energy critical materials research, development, 

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1 ticular focus on the problem of attracting and main2 taining high-quality professionals for maintaining an 

3 adequate supply of energy critical materials; and 

4 (8) report to the appropriate Congressional 

5 committees on activities and findings under this sec6 tion. 

7 Subtitle B—National Materials and 

8 Minerals Policy, Research, and 

9 Development 

10 SEC. 10141. AMENDMENTS TO NATIONAL MATERIALS AND 

11 MINERALS POLICY, RESEARCH AND DEVEL12 OPMENT ACT OF 1980. 

13 (a) PROGRAM PLAN.—Section 5 of the National Ma14 terials and Minerals Policy, Research and Development 

15 Act of 1980 (30 U.S.C. 1604) is amended— 

16 (1) by striking ‘‘date of enactment of this Act’’ 

17 each place it appears and inserting ‘‘date of enact18 ment of the Clean Economy Jobs and Innovation 

19 Act’’; 

20 (2) in subsection (b)(1), by striking ‘‘Federal 

21 Coordinating Council for Science, Engineering, and 

22 Technology’’ and inserting ‘‘National Science and 

23 Technology Council’’; 

24 (3) in subsection (c)— 


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1 (A) in the matter preceding paragraph 

2 (1)— 

3 (i) by striking ‘‘the Federal Emer4 gency’’ and all that follows through ‘‘Agen5 cy, and’’; and 

6 (ii) by striking ‘‘appropriate shall’’ 

7 and inserting ‘‘appropriate, shall’’; 

8 (B) by striking paragraph (1); 

9 (C) in paragraph (2), by striking ‘‘in the 

10 case’’ and all that follows through ‘‘sub11 section,’’; 

12 (D) by redesignating paragraphs (2) and 

13 (3) as paragraphs (1) and (2), respectively; and 

14 (E) by amending paragraph (2), as so re15 designated, to read as follows: 

16 ‘‘(2) assess the adequacy and stability of the 

17 supply of materials necessary to maintain national 

18 security, economic well-being, public health, and in19 dustrial production.’’; 

20 (4) by striking subsection (d); and 

21 (5) by redesignating subsections (e) and (f) as 

22 subsections (d) and (e), respectively. 

23 (b) POLICY.—Section 3 of the National Materials and 

24 Minerals Policy, Research and Development Act of 1980 

25 (30 U.S.C. 1602) is amended— 


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1 (1) by striking ‘‘The Congress declares that it’’ 

2 and inserting ‘‘It’’; and 

3 (2) by striking ‘‘The Congress further declares 

4 that implementation’’ and inserting ‘‘Implementa5 tion’’. 

6 (c) IMPLEMENTATION.—Section 4 of the National 

7 Materials and Minerals Policy, Research and Development 

8 Act of 1980 (30 U.S.C. 1603) is amended, in the matter 

9 preceding paragraph (1)— 

10 (1) by striking ‘‘For the purpose’’ and all that 

11 follows through ‘‘declares that the’’ and inserting 

12 ‘‘The’’; and 

13 (2) by striking ‘‘departments and agencies,’’ 

14 and inserting ‘‘departments and agencies to imple15 ment the policy specified in section 3’’. 

16 SEC. 10142. CONFORMING REPEAL. 

17 The National Critical Materials Act of 1984 (30 

18 U.S.C. 1801 et seq.) is repealed. 

19 TITLE XI—ENVIRONMENTAL 

20 JUSTICE 

21 SEC. 11001. DEFINITIONS. 

22 In this title: 

23 (1) ADMINISTRATOR.—The term ‘‘Adminis24 trator’’ means the Administrator of the Environ25 mental Protection Agency. 


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1 (2) ADVISORY COUNCIL.—The term ‘‘Advisory 

2 Council’’ means the National Environmental Justice 

3 Advisory Council described in section 11009. 

4 (3) AGGRIEVED PERSON.—The term ‘‘aggrieved 

5 person’’ means a person aggrieved by discrimination 

6 on the basis of race, color, or national origin. 

7 (4) CLEARINGHOUSE.—The term ‘‘Clearing8 house’’ means the Environmental Justice Clearing9 house established by the Administrator under section 

10 11007. 

11 (5) COMMUNITY OF COLOR.—The term ‘‘com12 munity of color’’ means any geographically distinct 

13 area the population of color of which is higher than 

14 the average population of color of the State in which 

15 the community is located. 

16 (6) COMMUNITY-BASED SCIENCE.—The term 

17 ‘‘community-based science’’ means voluntary public 

18 participation in the scientific process and the incor19 poration of data and information generated outside 

20 of traditional institutional boundaries to address 

21 real-world problems in ways that may include formu22 lating research questions, conducting scientific ex23 periments, collecting and analyzing data, inter24 preting results, making new discoveries, developing 

25 technologies and applications, and solving complex 


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1 problems, with an emphasis on the democratization 

2 of science and the engagement of diverse people and 

3 communities. 

4 (7) DEMONSTRATES.—The term ‘‘dem5 onstrates’’ means meets the burdens of going for6 ward with the evidence and of persuasion. 

7 (8) DIRECTOR.—The term ‘‘Director’’ means 

8 the Director of the National Institute of Environ9 mental Health Sciences. 

10 (9) DISPARATE IMPACT.—The term ‘‘disparate 

11 impact’’ means an action or practice that, even if 

12 appearing neutral, actually has the effect of sub13 jecting persons to discrimination because of their 

14 race, color, or national origin. 

15 (10) DISPROPORTIONATE BURDEN OF ADVERSE

16 HUMAN HEALTH OR ENVIRONMENTAL EFFECTS.— 

17 The term ‘‘disproportionate burden of adverse 

18 human health or environmental effects’’ means a sit19 uation where there exists higher or more adverse 

20 human health or environmental effects on commu21 nities of color, low-income communities, and Tribal 

22 and indigenous communities. 

23 (11) ENVIRONMENTAL JUSTICE.—The term 

24 ‘‘environmental justice’’ means the fair treatment 

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1 gardless of race, color, culture, national origin, edu2 cational level, or income, with respect to the develop3 ment, implementation, and enforcement of environ4 mental laws, regulations, and policies to ensure 

5 that— 

6 (A) populations of color, communities of 

7 color, Tribal and indigenous communities, and 

8 low-income communities have access to public 

9 information and opportunities for meaningful 

10 public participation relating to human health 

11 and environmental planning, regulations, and 

12 enforcement; 

13 (B) Each population of color or community 

14 of color, Tribal and indigenous community, or 

15 low-income community enjoy the same degree of 

16 protection from pollution or other environ17 mental and health hazards; and 

18 (C) the 17 Principles of Environmental 

19 Justice written and adopted at the First Na20 tional People of Color Environmental Leader21 ship Summit held on October 24 through 27, 

22 1991, in Washington, DC, are upheld. 

23 (12) ENVIRONMENTAL JUSTICE COMMUNITY.— 

24 The term ‘‘environmental justice community’’ means 

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1 munities of color, low-income communities, or Tribal 

2 and indigenous communities, that experiences, or is 

3 at risk of experiencing higher or more adverse 

4 human health or environmental effects. 

5 (13) FAIR TREATMENT.—The term ‘‘fair treat6 ment’’ means the conduct of a program, policy, prac7 tice or activity by a Federal agency in a manner that 

8 ensures that no group of individuals (including ra9 cial, ethnic, or socioeconomic groups) experience a 

10 disproportionate burden of adverse human health or 

11 environmental effects resulting from such program, 

12 policy, practice, or activity, as determined through 

13 consultation with, and with the meaningful partici14 pation of, individuals from the communities affected 

15 by a program, policy, practice or activity of a Fed16 eral agency. 

17 (14) FEDERAL AGENCY.—The term ‘‘Federal 

18 agency’’ means— 

19 (A) each Federal agency represented on 

20 the Working Group; and 

21 (B) any other Federal agency that carries 

22 out a Federal program or activity that substan23 tially affects human health or the environment, 

24 as determined by the President. 


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1 (15) TRIBAL AND INDIGENOUS COMMUNITY.— 

2 The term ‘‘Tribal and indigenous community’’ refers 

3 to a population of people who are members of— 

4 (A) a federally recognized Indian Tribe; 

5 (B) a State-recognized Indian Tribe; 

6 (C) an Alaska Native or Native Hawaiian 

7 community or organization; and 

8 (D) any other community of indigenous 

9 people located in a State. 

10 (16) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

11 has the meaning given the term ‘‘Indian tribe’’ in 

12 section 4 of the Indian Self-Determination and Edu13 cation Assistance Act (25 U.S.C. 5304). 

14 (17) INFRASTRUCTURE.—The term ‘‘infrastruc15 ture’’ means any system for safe drinking water, 

16 sewer collection, solid waste disposal, electricity gen17 eration, communication, or transportation access (in18 cluding highways, airports, marine terminals, rail 

19 systems, and residential roads) that is used to effec20 tively and safely support— 

21 (A) housing; 

22 (B) an educational facility; 

23 (C) a medical provider; 

24 (D) a park or recreational facility; or 

25 (E) a local business. 


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1 (18) LOCAL GOVERNMENT.—The term ‘‘local 

2 government’’ means— 

3 (A) a county, municipality, city, town, 

4 township, local public authority, school district, 

5 special district, intrastate district, council of 

6 governments (regardless of whether the council 

7 of governments is incorporated as a nonprofit 

8 corporation under State law), regional or inter9 state governmental entity, or agency or instru10 mentality of a local government; or 

11 (B) an Indian Tribe or authorized Tribal 

12 organization, or Alaska Native village or organi13 zation, that is not a Tribal Government. 

14 (19) LOW INCOME.—The term ‘‘low income’’ 

15 means an annual household income equal to, or less 

16 than, the greater of— 

17 (A) an amount equal to 80 percent of the 

18 median income of the area in which the house19 hold is located, as reported by the Department 

20 of Housing and Urban Development; and 

21 (B) 200 percent of the Federal poverty 

22 line. 

23 (20) LOW-INCOME COMMUNITY.—The term 

24 ‘‘low income community’’ means any census block 


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1 group in which 30 percent or more of the population 

2 are individuals with low income. 

3 (21) MEANINGFUL.—The term ‘‘meaningful’’, 

4 with respect to involvement by the public in a deter5 mination by a Federal agency, means that— 

6 (A) potentially affected residents of a com7 munity have an appropriate opportunity to par8 ticipate in decisions regarding a proposed activ9 ity that will affect the environment or public 

10 health of the community; 

11 (B) the public contribution can influence 

12 the determination by the Federal agency; 

13 (C) the concerns of all participants in14 volved are taken into consideration in the deci15 sion-making process; and 

16 (D) the Federal agency— 

17 (i) provides to potentially affected 

18 members of the public relevant and accu19 rate information regarding the activity po20 tentially affecting the environment or pub21 lic health of affected members of the pub22 lic; and 

23 (ii) facilitates the involvement of po24 tentially affected members of the public. 


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1 (22) POPULATION.—The term ‘‘population’’ 

2 means a census block group or series of geographi3 cally contiguous blocks representing certain common 

4 characteristics, such as (but not limited to) race, 

5 ethnicity, national origin, income-level, health dis6 parities, or other public health and socioeconomic at7 tributes. 

8 (23) POPULATION OF COLOR.—The term ‘‘pop9 ulation of color’’ means a population of individuals 

10 who identify as— 

11 (A) Black; 

12 (B) African American; 

13 (C) Asian; 

14 (D) Pacific Islander; 

15 (E) another non-White race; 

16 (F) Hispanic; 

17 (G) Latino; or 

18 (H) linguistically isolated. 

19 (24) PUBLISH.—The term ‘‘publish’’ means to 

20 make publicly available in a form that is— 

21 (A) generally accessible, including on the 

22 internet and in public libraries; and 

23 (B) accessible for— 

24 (i) individuals who are limited in 

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1 ecutive Order No. 13166 (65 Fed. Reg. 

2 50121 (August 16, 2000)); and 

3 (ii) individuals with disabilities. 

4 (25) STATE.—The term ‘‘State’’ means any 

5 State of the United States, the District of Columbia, 

6 the Commonwealth of Puerto Rico, the Virgin Is7 lands, Guam, American Samoa, and the Common8 wealth of the Northern Mariana Islands. 

9 (26) TRIBAL GOVERNMENT.—The term ‘‘Tribal 

10 Government’’ means the governing body of an In11 dian Tribe. 

12 (27) WORKING GROUP.—The term ‘‘Working 

13 Group’’ means the interagency Federal Working 

14 Group on Environmental Justice convened under 

15 section 1–102 of Executive Order No. 12898 (42 

16 U.S.C. 4321 note), as amended by Executive Order 

17 No. 12948 (60 Fed. Reg. 6381 (January 30, 1995)) 

18 and modified by this title. 

19 (28) CLIMATE JUSTICE.—The term ‘‘climate 

20 justice’’ means the fair treatment and meaningful 

21 involvement of all individuals, regardless of race, 

22 color, culture, national origin, educational level, or 

23 income, with respect to the development, implemen24 tation, and enforcement of policies and projects that 

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1 ical responsibilities for climate change, and a com2 mitment that the people and communities least re3 sponsible for climate change, and most vulnerable to 

4 the impacts of climate change, do not suffer dis5 proportionately as a result of historical injustice and 

6 disinvestment. 

7 (29) NATURAL INFRASTRUCTURE.—The term 

8 ‘‘natural infrastructure’’ means infrastructure that 

9 uses, restores, or emulates natural ecological proc10 esses and— 

11 (A) is created through the action of nat12 ural physical, geological, biological, and chem13 ical processes over time; 

14 (B) is created by human design, engineer15 ing, and construction to emulate or act in con16 cert with natural processes; or 

17 (C) involves the use of plants, soils, and 

18 other natural features, including through the 

19 creation, restoration, or preservation of vege20 tated areas using materials appropriate to the 

21 region to manage stormwater and runoff, to at22 tenuate flooding and storm surges, and for 

23 other related purposes. 


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1 SEC. 11002. ENVIRONMENTAL JUSTICE COMMUNITY TECH2 NICAL ASSISTANCE GRANTS. 

3 (a) IN GENERAL.—The Administrator may award 

4 grants to eligible entities to enable such entities to partici5 pate in decisions impacting the health and safety of their 

6 communities in connection with an actual or potential re7 lease of a covered hazardous air pollutant. 

8 (b) TIMING.— 

9 (1) GUIDANCE.—Not later than 12 months 

10 after the date of enactment of this section, the Ad11 ministrator shall publish guidance describing the 

12 process for eligible entities to apply for a grant 

13 under this section, including the required content 

14 and form of applications, the manner in which appli15 cations must be submitted, and any applicable dead16 lines. 

17 (2) FIRST GRANT.—Not later than 180 days 

18 after the issuance of guidance under paragraph (1), 

19 the Administrator shall award the first grant under 

20 this section. 

21 (c) ELIGIBLE ENTITY.—To be eligible for a grant 

22 under this section, an applicant shall be a group of individ23 uals who reside in a community that— 

24 (1) is a population of color, a community of 

25 color, a Tribal and indigenous community, or a low26 income community; and 


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1 (2) is in close proximity to the site of an actual 

2 or potential release of a covered hazardous air pol3 lutant. 

4 (d) USE OF FUNDS.—An eligible entity receiving a 

5 grant under this section shall use the grant to participate 

6 in decisions impacting the health and safety of the commu7 nity involved in connection with an actual or potential re8 lease of a covered hazardous air pollutant, including— 

9 (1) interpreting information with regard to the 

10 nature of the hazard, cumulative impacts studies, 

11 health impacts studies, remedial investigation and 

12 feasibility studies, agency decisions, remedial design, 

13 and operation and maintenance of necessary mon14 itors; and 

15 (2) performing additional air pollution moni16 toring. 

17 (e) LIMITATIONS ON AMOUNT; RENEWAL.— 

18 (1) AMOUNT.— 

19 (A) IN GENERAL.—The amount of a grant 

20 under this section (excluding any renewals of 

21 the grant) may not exceed $50,000 for any 

22 grant recipient. 

23 (B) EXCEPTION.—The Administrator may 

24 waive the limitation in subparagraph (A) with 

25 respect to an applicant in any case where the 


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1 Administrator determines that such waiver is 

2 necessary for the community involved to obtain 

3 the necessary technical assistance. 

4 (2) RENEWAL.—Grants may be renewed for 

5 each step in the regulatory, removal, or remediation 

6 process in connection with a facility with the poten7 tial to release a covered hazardous air pollutant. 

8 (f) DEFINITION OF COVERED HAZARDOUS AIR POL9 LUTANT.—In this section, the term ‘‘covered hazardous 

10 air pollutant’’ means a hazardous air pollutant (as defined 

11 in section 112 of the Clean Air Act) that— 

12 (1) is listed on the toxics release inventory 

13 under section 313(c) of the Emergency Planning 

14 and Community Right-To-Know Act of 1986; or 

15 (2) is identified as carcinogenic by an assess16 ment under the Integrated Risk Information System 

17 (IRIS) of the Environmental Protection Agency. 

18 SEC. 11003. INTERAGENCY FEDERAL WORKING GROUP ON 

19 ENVIRONMENTAL JUSTICE. 

20 (a) IN GENERAL.—Not later than 90 days after the 

21 date of enactment of this Act, the Administrator shall con22 vene, as appropriate to carry out this section, the Working 

23 Group. 

24 (b) REQUIREMENTS.— 


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1 (1) COMPOSITION.—The Working Group shall 

2 be comprised of the following (or a designee): 

3 (A) The Secretary of Agriculture. 

4 (B) The Secretary of Commerce. 

5 (C) The Secretary of Defense. 

6 (D) The Secretary of Energy. 

7 (E) The Secretary of Health and Human 

8 Services. 

9 (F) The Secretary of Homeland Security. 

10 (G) The Secretary of Housing and Urban 

11 Development. 

12 (H) The Secretary of the Interior. 

13 (I) The Secretary of Labor. 

14 (J) The Secretary of Transportation. 

15 (K) The Attorney General. 

16 (L) The Administrator. 

17 (M) The Director of the Office of Environ18 mental Justice. 

19 (N) The Chairman of the Consumer Prod20 uct Safety Commission. 

21 (O) The Chairperson of the Chemical Safe22 ty Board. 

23 (P) The Director of the Office of Manage24 ment and Budget. 


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1 (Q) The Director of the Office of Science 

2 and Technology Policy. 

3 (R) The Chair of the Council on Environ4 mental Quality. 

5 (S) The Assistant to the President for Do6 mestic Policy. 

7 (T) The Director of the National Economic 

8 Council. 

9 (U) The Chairman of the Council of Eco10 nomic Advisers. 

11 (V) The Secretary of Education. 

12 (W) The Deputy Assistant to the President 

13 for Environmental Policy. 

14 (X) The Director of the National Institutes 

15 of Health. 

16 (Y) The Director of the National Park 

17 Service. 

18 (Z) The Assistant Secretary of the Bureau 

19 of Indian Affairs. 

20 (AA) The Chairperson of the National En21 vironmental Justice Advisory Council. 

22 (BB) Such other Federal officials as the 

23 President may designate. 

24 (2) FUNCTIONS.—The Working Group shall— 


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1 (A) report to the President through the 

2 Chair of the Council on Environmental Quality; 

3 (B) provide guidance to Federal agencies 

4 regarding criteria for identifying disproportion5 ately high and adverse human health or envi6 ronmental effects— 

7 (i) on populations of color, commu8 nities of color, Tribal and indigenous com9 munities, and low-income communities; 

10 and 

11 (ii) on the basis of race, color, na12 tional origin, or income; 

13 (C) coordinate with, provide guidance to, 

14 and serve as a clearinghouse for, each Federal 

15 agency with respect to the implementation and 

16 updating of an environmental justice strategy 

17 required under this title, in order to ensure that 

18 the administration, interpretation, and enforce19 ment of programs, activities, and policies are 

20 carried out in a consistent manner; 

21 (D) assist in coordinating research by, and 

22 stimulating cooperation among, the Environ23 mental Protection Agency, the Department of 

24 Health and Human Services, the Department of 

25 Housing and Urban Development, and other 


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1 Federal agencies conducting research or other 

2 activities in accordance with this title; 

3 (E) identify, based in part on public rec4 ommendations contained in Federal agency 

5 progress reports, important areas for Federal 

6 agencies to take into consideration and address, 

7 as appropriate, in environmental justice strate8 gies and other efforts; 

9 (F) assist in coordinating data collection 

10 and maintaining and updating appropriate 

11 databases, as required by this title; 

12 (G) examine existing data and studies re13 lating to environmental justice; 

14 (H) hold public meetings and otherwise so15 licit public participation under paragraph (3); 

16 and 

17 (I) develop interagency model projects re18 lating to environmental justice that demonstrate 

19 cooperation among Federal agencies. 

20 (3) PUBLIC PARTICIPATION.—The Working 

21 Group shall— 

22 (A) hold public meetings or otherwise so23 licit public participation and community-based 

24 science for the purpose of fact-finding with re25 spect to the implementation of this title; and 


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1 (B) prepare for public review and publish 

2 a summary of any comments and recommenda3 tions provided. 

4 (c) JUDICIAL REVIEW AND RIGHTS OF ACTION.— 

5 Any person may commence a civil action— 

6 (1) to seek relief from, or to compel, an agency 

7 action under this section (including regulations pro8 mulgated pursuant to this section); or 

9 (2) otherwise to ensure compliance with this 

10 section (including regulations promulgated pursuant 

11 to this section). 

12 SEC. 11004. FEDERAL AGENCY ACTIONS TO ADDRESS ENVI13 RONMENTAL JUSTICE. 

14 (a) FEDERAL AGENCY RESPONSIBILITIES.— 

15 (1) ENVIRONMENTAL JUSTICE MISSION.—To 

16 the maximum extent practicable and permitted by 

17 applicable law, each Federal agency shall make 

18 achieving environmental justice part of the mission 

19 of the Federal agency by identifying, addressing, 

20 and mitigating disproportionately high and adverse 

21 human health or environmental effects of the pro22 grams, policies, and activities of the Federal agency 

23 on populations of color, communities of color, Tribal 

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1 tories and possessions of the United States and the 

2 District of Columbia). 

3 (2) NONDISCRIMINATION.—Each Federal agen4 cy shall conduct any program, policy, or activity that 

5 substantially affects human health or the environ6 ment in a manner that ensures that the program, 

7 policy, or activity does not have the effect of exclud8 ing any individual or group from participation in, 

9 denying any individual or group the benefits of, or 

10 subjecting any individual or group to discrimination 

11 under, the program, policy, or activity because of 

12 race, color, or national origin. 

13 (3) STRATEGIES.— 

14 (A) AGENCYWIDE STRATEGIES.—Each 

15 Federal agency shall implement and update, not 

16 less frequently than annually, an agencywide 

17 environmental justice strategy that identifies 

18 and includes strategies to address 

19 disproportionally high and adverse human 

20 health or environmental effects of the pro21 grams, policies, spending, and other activities of 

22 the Federal agency with respect to populations 

23 of color, communities of color, Tribal and indig24 enous communities, and low-income commu25 nities, including, as appropriate for the mission 


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1 of the Federal agency, with respect to the fol2 lowing areas: 

3 (i) Implementation of the National 

4 Environmental Policy Act of 1969 (42 

5 U.S.C. 4321 et seq.). 

6 (ii) Implementation of title VI of the 

7 Civil Rights Act of 1964 (42 U.S.C. 2000d 

8 et seq.) (including regulations promulgated 

9 pursuant to that title). 

10 (iii) Implementation of the Robert T. 

11 Stafford Disaster Relief and Emergency 

12 Assistance Act (42 U.S.C. 5121 et seq.). 

13 (iv) Impacts from the lack of infra14 structure, or from deteriorated infrastruc15 ture. 

16 (v) Impacts from land use. 

17 (vi) Impacts from climate change. 

18 (vii) Impacts from commercial trans19 portation. 

20 (viii) Strategies for the implementa21 tion of agency programs, policies, and ac22 tivities to provide for— 

23 (I) equal protection from environ24 mental and health hazards for popu25 lations of color, communities of color, 


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1 Tribal and indigenous communities, 

2 and low-income communities; 

3 (II) equal opportunity for public 

4 involvement and due process to popu5 lations of color, communities of color, 

6 Tribal and indigenous communities, 

7 and low-income communities in the 

8 development, implementation, and en9 forcement of agency programs, poli10 cies, and activities; 

11 (III) improved technical assist12 ance and access to information to 

13 populations of color, communities of 

14 color, Tribal and indigenous commu15 nities, and low-income communities 

16 regarding the impacts of agency pro17 grams, policies, and activities on envi18 ronmental justice communities; 

19 (IV) improved agency cooperation 

20 with State governments, Tribal Gov21 ernments, and local governments to 

22 address pollution and public health 

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1 nous communities, and low-income 

2 communities. 

3 (B) REVISIONS.— 

4 (i) IN GENERAL.—Each strategy de5 veloped and updated pursuant to subpara6 graph (A) shall identify programs, policies, 

7 planning and public participation proc8 esses, rulemaking, agency spending, and 

9 enforcement activities relating to human 

10 health or the environment that may be re11 vised, at a minimum— 

12 (I) to promote enforcement of all 

13 health, environmental, and civil rights 

14 laws and regulations in areas con15 taining populations of color, commu16 nities of color, Tribal and indigenous 

17 communities, and low-income commu18 nities; 

19 (II) to ensure greater public par20 ticipation; 

21 (III) to provide increased access 

22 to infrastructure; 

23 (IV) to improve research and 

24 data collection relating to the health 

25 and environment of populations of 


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1 color, communities of color, Tribal 

2 and indigenous communities, and low3 income communities, including 

4 through the increased use of commu5 nity-based science; and 

6 (V) to identify differential pat7 terns of use of natural resources 

8 among populations of color, commu9 nities of color, Tribal and indigenous 

10 communities, and low-income commu11 nities. 

12 (ii) TIMETABLES.—Each strategy im13 plemented and updated pursuant to sub14 paragraph (A) shall include a timetable for 

15 undertaking revisions identified pursuant 

16 to clause (i). 

17 (C) PROGRESS REPORTS.—Not later than 

18 1 year after the date of enactment of this Act, 

19 and not less frequently than once every 5 years 

20 thereafter, each Federal agency shall submit to 

21 Congress and the Working Group, and shall 

22 publish, a progress report that includes, with 

23 respect to the period covered by the report— 


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1 (i) a description of the current envi2 ronmental justice strategy of the Federal 

3 agency; 

4 (ii) an evaluation of the progress 

5 made by the Federal agency at national 

6 and regional levels regarding implementa7 tion of the environmental justice strategy, 

8 including— 

9 (I) metrics used by the Federal 

10 agency to measure performance; and 

11 (II) the progress made by the 

12 Federal agency toward— 

13 (aa) the achievement of the 

14 metrics described in subclause 

15 (I); and 

16 (bb) mitigating identified in17 stances of environmental injus18 tice; 

19 (iii) a description of the participation 

20 by the Federal agency in interagency col21 laboration; 

22 (iv) responses to recommendations 

23 submitted by members of the public to the 

24 Federal agency relating to the environ25 mental justice strategy of the Federal 


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1 agency and the implementation by the 

2 Federal agency of this title; and 

3 (v) any updates or revisions to the en4 vironmental justice strategy of the Federal 

5 agency, including those resulting from pub6 lic comments. 

7 (4) PUBLIC PARTICIPATION.—Each Federal 

8 agency shall— 

9 (A) ensure that meaningful opportunities 

10 exist for the public to submit comments and 

11 recommendations relating to the environmental 

12 justice strategy, progress reports, and ongoing 

13 efforts of the Federal agency to incorporate en14 vironmental justice principles into the pro15 grams, policies, and activities of the Federal 

16 agency; 

17 (B) hold public meetings or otherwise so18 licit public participation and community-based 

19 science from populations of color, communities 

20 of color, Tribal and indigenous communities, 

21 and low-income communities for fact-finding, 

22 receiving public comments, and conducting in23 quiries concerning environmental justice; and 


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1 (C) prepare for public review and publish 

2 a summary of the comments and recommenda3 tions provided. 

4 (5) ACCESS TO INFORMATION.—Each Federal 

5 agency shall— 

6 (A) publish public documents, notices, and 

7 hearings relating to the programs, policies, and 

8 activities of the Federal agency that affect 

9 human health or the environment; and 

10 (B) translate and publish any public docu11 ments, notices, and hearings relating to an ac12 tion of the Federal agency as appropriate for 

13 the affected population, specifically in any case 

14 in which a limited English-speaking population 

15 may be disproportionately affected by that ac16 tion. 

17 (6) CODIFICATION OF GUIDANCE.— 

18 (A) COUNCIL ON ENVIRONMENTAL QUAL19 ITY.—Notwithstanding any other provision of 

20 law, sections II and III of the guidance issued 

21 by the Council on Environmental Quality enti22 tled ‘‘Environmental Justice Guidance Under 

23 the National Environmental Policy Act’’ and 

24 dated December 10, 1997, are enacted into law. 


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1 (B) ENVIRONMENTAL PROTECTION AGEN2 CY.—Notwithstanding any other provision of 

3 law, the guidance issued by the Environmental 

4 Protection Agency entitled ‘‘EPA Policy on 

5 Consultation and Coordination with Indian 

6 Tribes: Guidance for Discussing Tribal Treaty 

7 Rights’’ and dated February 2016 is enacted 

8 into law. 

9 (b) HUMAN HEALTH AND ENVIRONMENTAL RE10 SEARCH, DATA COLLECTION, AND ANALYSIS.— 

11 (1) RESEARCH.—Each Federal agency, to the 

12 maximum extent practicable and permitted by appli13 cable law, shall— 

14 (A) in conducting environmental or human 

15 health research, include diverse segments of the 

16 population in epidemiological and clinical stud17 ies, including segments at high risk from envi18 ronmental hazards, such as— 

19 (i) populations of color, communities 

20 of color, Tribal and indigenous commu21 nities, populations with low income, and 

22 low-income communities; 

23 (ii) fenceline communities; and 

24 (iii) workers who may be exposed to 

25 substantial environmental hazards; 


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1 (B) in conducting environmental or human 

2 health analyses, identify multiple and cumu3 lative exposures; and 

4 (C) actively encourage and solicit commu5 nity-based science, and provide to populations 

6 of color, communities of color, Tribal and indig7 enous communities, populations with low in8 come, and low income communities the oppor9 tunity to comment regarding the development 

10 and design of research strategies carried out 

11 pursuant to this title. 

12 (2) DISPROPORTIONATE IMPACT.—To the max13 imum extent practicable and permitted by applicable 

14 law (including section 552a of title 5, United States 

15 Code (commonly known as the Privacy Act)), each 

16 Federal agency shall— 

17 (A) collect, maintain, and analyze informa18 tion assessing and comparing environmental 

19 and human health risks borne by populations 

20 identified by race, national origin, or income; 

21 and 

22 (B) use that information to determine 

23 whether the programs, policies, and activities of 

24 the Federal agency have disproportionally high 

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1 fects on populations of color, communities of 

2 color, Tribal and indigenous communities, and 

3 low-income communities. 

4 (3) INFORMATION RELATING TO NON-FEDERAL

5 FACILITIES.—In connection with the implementation 

6 of Federal agency strategies under subsection (a)(3), 

7 each Federal agency, to the maximum extent prac8 ticable and permitted by applicable law, shall collect, 

9 maintain, and analyze information relating to the 

10 race, national origin, and income level, and other 

11 readily accessible and appropriate information, for 

12 fenceline communities in proximity to any facility or 

13 site expected to have a substantial environmental, 

14 human health, or economic effect on the surrounding 

15 populations, if the facility or site becomes the sub16 ject of a substantial Federal environmental adminis17 trative or judicial action. 

18 (4) IMPACT FROM FEDERAL FACILITIES.—Each 

19 Federal agency, to the maximum extent practicable 

20 and permitted by applicable law, shall collect, main21 tain, and analyze information relating to the race, 

22 national origin, and income level, and other readily 

23 accessible and appropriate information, for fenceline 

24 communities in proximity to any facility of the Fed25 eral agency that is— 


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1 (A) subject to the reporting requirements 

2 under the Emergency Planning and Community 

3 Right-To-Know Act of 1986 (42 U.S.C. 11001 

4 et seq.), as required by Executive Order No. 

5 12898 (42 U.S.C. 4321 note); and 

6 (B) expected to have a substantial environ7 mental, human health, or economic effect on 

8 surrounding populations. 

9 (c) CONSUMPTION OF FISH AND WILDLIFE.— 

10 (1) IN GENERAL.—Each Federal agency shall 

11 develop, publish (unless prohibited by law), and re12 vise, as practicable and appropriate, guidance on ac13 tions of the Federal agency that will impact fish and 

14 wildlife consumed by populations that principally 

15 rely on fish or wildlife for subsistence. 

16 (2) REQUIREMENT.—The guidance described in 

17 paragraph (1) shall— 

18 (A) reflect the latest scientific information 

19 available concerning methods for evaluating the 

20 human health risks associated with the con21 sumption of pollutant-bearing fish or wildlife; 

22 and 

23 (B) publish the risks of such consumption 

24 patterns. 


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1 (d) MAPPING AND SCREENING TOOL.—The Adminis2 trator shall continue to make available to the public an 

3 environmental justice mapping and screening tool (such 

4 as EJScreen or an equivalent tool) that includes, at a min5 imum, the following features: 

6 (1) Nationally consistent data. 

7 (2) Environmental data. 

8 (3) Demographic data, including data relating 

9 to race, ethnicity, and income. 

10 (4) Capacity to produce maps and reports by 

11 geographical area. 

12 (5) Data on national parks and other federally 

13 protected natural, historic, and cultural sites. 

14 (e) JUDICIAL REVIEW AND RIGHTS OF ACTION.— 

15 Any person may commence a civil action— 

16 (1) to seek relief from, or to compel, an agency 

17 action under this section (including regulations pro18 mulgated pursuant to this section); or 

19 (2) otherwise to ensure compliance with this 

20 section (including regulations promulgated pursuant 

21 to this section). 

22 (f) INFORMATION SHARING.—In carrying out this 

23 section, each Federal agency, to the maximum extent 

24 practicable and permitted by applicable law, shall share 

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1 forts through the use of existing data systems and cooper2 ative agreements among Federal agencies and with State, 

3 local, and Tribal Governments. 

4 SEC. 11005. TRAINING OF EMPLOYEES OF FEDERAL AGEN5 CIES. 

6 (a) INITIAL TRAINING.—Not later than 1 year after 

7 the date of enactment of this Act, each employee of the 

8 Department of Energy, the Environmental Protection 

9 Agency, the Department of the Interior, and the National 

10 Oceanic and Atmospheric Administration shall complete 

11 an environmental justice training program to ensure that 

12 each such employee— 

13 (1) has received training in environmental jus14 tice; and 

15 (2) is capable of— 

16 (A) appropriately incorporating environ17 mental justice concepts into the daily activities 

18 of the employee; and 

19 (B) increasing the meaningful participation 

20 of individuals from environmental justice com21 munities in the activities of the applicable agen22 cy. 

23 (b) MANDATORY PARTICIPATION.—Effective on the 

24 date that is 1 year after the date of enactment of this 

25 Act, each individual hired by the Department of Energy, 


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1 the Environmental Protection Agency, the Department of 

2 the Interior, and the National Oceanic and Atmospheric 

3 Administration after that date shall be required to partici4 pate in environmental justice training. 

5 (c) REQUIREMENT RELATING TO CERTAIN EMPLOY6 EES.— 

7 (1) IN GENERAL.—With respect to each Fed8 eral agency that participates in the Working Group, 

9 not later than 30 days after the date on which an 

10 individual is appointed to the position of environ11 mental justice coordinator, or any other position the 

12 responsibility of which involves the conduct of envi13 ronmental justice activities, the individual shall be 

14 required to possess documentation of the completion 

15 by the individual of environmental justice training. 

16 (2) EVALUATION.—Not later than 3 years after 

17 the date of enactment of this Act, the Inspector 

18 General of each Federal agency that participates in 

19 the Working Group shall evaluate the training pro20 grams of such Federal agency to determine if such 

21 Federal agency has improved the rate of training of 

22 the employees of such Federal agency to ensure that 

23 each employee has received environmental justice 

24 training. 


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1 SEC. 11006. ENVIRONMENTAL JUSTICE BASIC TRAINING 

2 PROGRAM. 

3 (a) ESTABLISHMENT.—The Administrator shall es4 tablish a basic training program, in coordination and con5 sultation with nongovernmental environmental justice or6 ganizations, to increase the capacity of residents of envi7 ronmental justice communities to identify and address dis8 proportionately adverse human health or environmental ef9 fects by providing culturally and linguistically appro10 priate— 

11 (1) training and education relating to— 

12 (A) basic and advanced techniques for the 

13 detection, assessment, and evaluation of the ef14 fects of hazardous substances on human health; 

15 (B) methods to assess the risks to human 

16 health presented by hazardous substances; 

17 (C) methods and technologies to detect 

18 hazardous substances in the environment; 

19 (D) basic biological, chemical, and physical 

20 methods to reduce the quantity and toxicity of 

21 hazardous substances; 

22 (E) the rights and safeguards currently af23 forded to individuals through policies and laws 

24 intended to help environmental justice commu25 nities address disparate impacts and discrimi26 nation, including— 


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1 (i) laws adopted to protect human 

2 health and the environment; and 

3 (ii) section 602 of the Civil Rights Act 

4 of 1964 (42 U.S.C. 2000d–1); 

5 (F) public engagement opportunities 

6 through the policies and laws described in sub7 paragraph (E); 

8 (G) materials available on the Clearing9 house described in section 11007; 

10 (H) methods to expand access to parks 

11 and other natural and recreational amenities; 

12 and 

13 (I) finding and applying for Federal grants 

14 related to environmental justice; and 

15 (2) short courses and continuation education 

16 programs for residents of communities who are lo17 cated in close proximity to hazardous substances to 

18 provide— 

19 (A) education relating to— 

20 (i) the proper manner to handle haz21 ardous substances; 

22 (ii) the management of facilities at 

23 which hazardous substances are located 

24 (including facility compliance protocols); 

25 and 


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1 (iii) the evaluation of the hazards that 

2 facilities described in clause (ii) pose to 

3 human health; and 

4 (B) training on environmental and occupa5 tional health and safety with respect to the pub6 lic health and engineering aspects of hazardous 

7 waste control. 

8 (b) GRANT PROGRAM.— 

9 (1) ESTABLISHMENT.—In carrying out the 

10 basic training program established under subsection 

11 (a), the Administrator may provide grants to, or 

12 enter into any contract or cooperative agreement 

13 with, an eligible entity to carry out any training or 

14 educational activity described in subsection (a). 

15 (2) ELIGIBLE ENTITY.—To be eligible to receive 

16 assistance under paragraph (1), an eligible entity 

17 shall be an accredited institution of education in 

18 partnership with— 

19 (A) a community-based organization that 

20 carries out activities relating to environmental 

21 justice; 

22 (B) a generator of hazardous waste; 

23 (C) any individual who is involved in the 

24 detection, assessment, evaluation, or treatment 

25 of hazardous waste; 


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1 (D) any owner or operator of a facility at 

2 which hazardous substances are located; or 

3 (E) any State government, Tribal Govern4 ment, or local government. 

5 (c) PLAN.— 

6 (1) IN GENERAL.—Not later than 2 years after 

7 the date of enactment of this Act, the Administrator, 

8 in consultation with the Director, shall develop and 

9 publish in the Federal Register a plan to carry out 

10 the basic training program established under sub11 section (a). 

12 (2) CONTENTS.—The plan described in para13 graph (1) shall contain— 

14 (A) a list that describes the relative pri15 ority of each activity described in subsection 

16 (a); and 

17 (B) a description of research and training 

18 relevant to environmental justice issues of com19 munities adversely affected by pollution. 

20 (3) COORDINATION WITH FEDERAL AGEN21 CIES.—The Administrator shall, to the maximum ex22 tent practicable, take appropriate steps to coordinate 

23 the activities of the basic training program described 

24 in the plan with the activities of other Federal agen25 cies to avoid any duplication of effort. 


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1 (d) REPORT.— 

2 (1) IN GENERAL.—Not later than 2 years after 

3 the date of enactment of this Act, and every 2 years 

4 thereafter, the Administrator shall submit to the 

5 Committees on Energy and Commerce and Natural 

6 Resources of the House of Representative and the 

7 Committees on Environment and Public Works and 

8 Energy and Natural Resources of the Senate a re9 port describing— 

10 (A) the implementation of the basic train11 ing program established under subsection (a); 

12 and 

13 (B) the impact of the basic training pro14 gram on improving training opportunities for 

15 residents of environmental justice communities. 

16 (2) PUBLIC AVAILABILITY.—The Administrator 

17 shall make the report required under paragraph (1) 

18 available to the public (including by posting a copy 

19 of the report on the website of the Environmental 

20 Protection Agency). 

21 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $10,000,000 for each of fiscal years 2021 through 2025. 


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1 SEC. 11007. ENVIRONMENTAL JUSTICE CLEARINGHOUSE. 

2 (a) ESTABLISHMENT.—Not later than 1 year after 

3 the date of enactment of this Act, the Administrator shall 

4 establish a public internet-based clearinghouse, to be 

5 known as the Environmental Justice Clearinghouse. 

6 (b) CONTENTS.—The Clearinghouse shall be com7 prised of culturally and linguistically appropriate mate8 rials related to environmental justice, including— 

9 (1) information describing the activities con10 ducted by the Environmental Protection Agency to 

11 address issues relating to environmental justice; 

12 (2) copies of training materials provided by the 

13 Administrator to help individuals and employees un14 derstand and carry out environmental justice activi15 ties; 

16 (3) links to web pages that describe environ17 mental justice activities of other Federal agencies; 

18 (4) a directory of individuals who possess tech19 nical expertise in issues relating to environmental 

20 justice; 

21 (5) a directory of nonprofit and community22 based organizations, including grassroots organiza23 tions led by people of color, that address issues re24 lating to environmental justice at the local, State, 

25 and Federal levels (with particular emphasis given to 

26 nonprofit and community-based organizations that 


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1 possess the capability to provide advice or technical 

2 assistance to environmental justice communities); 

3 and 

4 (6) any other appropriate information as deter5 mined by the Administrator, including information 

6 on any resources available to help address the dis7 proportionate burden of adverse human health or en8 vironmental effects on environmental justice commu9 nities. 

10 (c) CONSULTATION.—In developing the Clearing11 house, the Administrator shall consult with individuals 

12 representing academic and community-based organiza13 tions who have expertise in issues relating to environ14 mental justice. 

15 (d) ANNUAL REVIEW.—The Advisory Council shall— 

16 (1) conduct a review of the Clearinghouse on an 

17 annual basis; and 

18 (2) recommend to the Administrator any up19 dates for the Clearinghouse that the Advisory Coun20 cil determines to be necessary for the effective oper21 ation of the Clearinghouse. 

22 SEC. 11008. PUBLIC MEETINGS. 

23 (a) IN GENERAL.—Not later than 2 years after the 

24 date of enactment of this Act, and biennially thereafter, 

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1 mental justice issues in each region of the Environmental 

2 Protection Agency to gather public input with respect to 

3 the implementation and updating of environmental justice 

4 strategies and efforts of the Environmental Protection 

5 Agency. 

6 (b) OUTREACH TO ENVIRONMENTAL JUSTICE COM7 MUNITIES.—The Administrator, in advance of the meet8 ings described in subsection (a), shall to the extent prac9 ticable hold multiple meetings in environmental justice 

10 communities in each region to provide meaningful commu11 nity involvement opportunities. 

12 (c) NOTICE.—Notice for the meetings described in 

13 subsections (a) and (b) shall be provided— 

14 (1) to applicable representative entities or orga15 nizations present in the environmental justice com16 munity including— 

17 (A) local religious organizations; 

18 (B) civic associations and organizations; 

19 (C) business associations of people of color; 

20 (D) environmental and environmental jus21 tice organizations; 

22 (E) homeowners’, tenants’, and neighbor23 hood watch groups; 

24 (F) local and Tribal Governments; 

25 (G) rural cooperatives; 


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1 (H) business and trade organizations; 

2 (I) community and social service organiza3 tions; 

4 (J) universities, colleges, and vocational 

5 schools; 

6 (K) labor organizations; 

7 (L) civil rights organizations; 

8 (M) senior citizens’ groups; and 

9 (N) public health agencies and clinics; 

10 (2) through communication methods that are 

11 accessible in the applicable environmental justice 

12 community, which may include electronic media, 

13 newspapers, radio, and other media particularly tar14 geted at communities of color, low-income commu15 nities, and Tribal and indigenous communities; and 

16 (3) at least 30 days before any such meeting. 

17 (d) COMMUNICATION METHODS AND REQUIRE18 MENTS.—The Administrator shall— 

19 (1) provide translations of any documents made 

20 available to the public pursuant to this section in 

21 any language spoken by more than 5 percent of the 

22 population residing within the applicable environ23 mental justice community, and make available trans24 lation services for meetings upon request; and 


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1 (2) not require members of the public to 

2 produce a form of identification or register their 

3 names, provide other information, complete a ques4 tionnaire, or otherwise fulfill any condition precedent 

5 to attending a meeting, but if an attendance list, 

6 register, questionnaire, or other similar document is 

7 utilized during meetings, it shall state clearly that 

8 the signing, registering, or completion of the docu9 ment is voluntary. 

10 (e) REQUIRED ATTENDANCE OF CERTAIN EMPLOY11 EES.—In holding a public meeting under subsection (a), 

12 the Administrator shall ensure that at least 1 employee 

13 of the Environmental Protection Agency at the level of As14 sistant Administrator is present at the meeting to serve 

15 as a representative of the Environmental Protection Agen16 cy. 

17 SEC. 11009. NATIONAL ENVIRONMENTAL JUSTICE ADVI18 SORY COUNCIL. 

19 (a) ESTABLISHMENT.—The President shall establish 

20 an advisory council, to be known as the National Environ21 mental Justice Advisory Council. 

22 (b) MEMBERSHIP.—The Advisory Council shall be 

23 comprised of 26 members who have knowledge of, or expe24 rience relating to, the effect of environmental conditions 


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1 on communities of color, low-income communities, and 

2 Tribal and indigenous communities, including— 

3 (1) representatives of— 

4 (A) community-based organizations that 

5 carry out initiatives relating to environmental 

6 justice, including grassroots organizations led 

7 by people of color; 

8 (B) State governments, Tribal Govern9 ments, and local governments; 

10 (C) Indian Tribes and other indigenous 

11 groups; 

12 (D) nongovernmental and environmental 

13 organizations; and 

14 (E) private sector organizations (including 

15 representatives of industries and businesses); 

16 and 

17 (2) experts in the fields of— 

18 (A) socioeconomic analysis; 

19 (B) health and environmental effects; 

20 (C) exposure evaluation; 

21 (D) environmental law and civil rights law; 

22 and 

23 (E) environmental health science research. 

24 (c) SUBCOMMITTEES; WORKGROUPS.— 


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1 (1) ESTABLISHMENT.—The Advisory Council 

2 may establish any subcommittee or workgroup to as3 sist the Advisory Council in carrying out any duty 

4 of the Advisory Council described in subsection (d). 

5 (2) REPORT.—Upon the request of the Advisory 

6 Council, each subcommittee or workgroup estab7 lished by the Advisory Council under paragraph (1) 

8 shall submit to the Advisory Council a report that 

9 contains— 

10 (A) a description of each recommendation 

11 of the subcommittee or workgroup; and 

12 (B) any advice requested by the Advisory 

13 Council with respect to any duty of the Advi14 sory Council. 

15 (d) DUTIES.—The Advisory Council shall provide 

16 independent advice and recommendations to the Environ17 mental Protection Agency with respect to issues relating 

18 to environmental justice, including advice— 

19 (1) to help develop, facilitate, and conduct re20 views of the direction, criteria, scope, and adequacy 

21 of the scientific research and demonstration projects 

22 of the Environmental Protection Agency relating to 

23 environmental justice; 

24 (2) to improve participation, cooperation, and 

25 communication with respect to such issues— 


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1 (A) within the Environmental Protection 

2 Agency; 

3 (B) between, and among, the Environ4 mental Protection Agency and Federal agencies, 

5 State and local governments, Indian Tribes, en6 vironmental justice leaders, interest groups, and 

7 the public; 

8 (3) requested by the Administrator to help im9 prove the response of the Environmental Protection 

10 Agency in securing environmental justice for com11 munities of color, low-income communities, and 

12 Tribal and indigenous communities; and 

13 (4) on issues relating to— 

14 (A) the developmental framework of the 

15 Environmental Protection Agency with respect 

16 to the integration by the Environmental Protec17 tion Agency of socioeconomic programs into the 

18 strategic planning, annual planning, and man19 agement accountability of the Environmental 

20 Protection Agency to achieve environmental jus21 tice results throughout the Environmental Pro22 tection Agency; 

23 (B) the measurement and evaluation of the 

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1 oping, and implementing environmental justice 

2 strategies, project, and programs; 

3 (C) any existing and future information 

4 management systems, technologies, and data 

5 collection activities of the Environmental Pro6 tection Agency (including recommendations to 

7 conduct analyses that support and strengthen 

8 environmental justice programs in administra9 tive and scientific areas); 

10 (D) the administration of grant programs 

11 relating to environmental justice assistance; and 

12 (E) education, training, and other outreach 

13 activities conducted by the Environmental Pro14 tection Agency relating to environmental jus15 tice. 

16 (e) DESIGNATED FEDERAL OFFICER.—The Director 

17 of the Office of Environmental Justice of the Environ18 mental Protection Agency is designated as the Federal of19 ficer required under section 10(e) of the Federal Advisory 

20 Committee Act (5 U.S.C. App.) for the Advisory Council. 

21 (f) MEETINGS.— 

22 (1) IN GENERAL.—The Advisory Council shall 

23 meet not less frequently than 3 times each calendar 

24 year. 


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1 (2) OPEN TO PUBLIC.—Each meeting of the 

2 Advisory Council shall be held open to the public. 

3 (3) DUTIES OF DESIGNATED FEDERAL OFFI4 CER.—The designated Federal officer described in 

5 subsection (e) (or a designee) shall— 

6 (A) be present at each meeting of the Ad7 visory Council; 

8 (B) ensure that each meeting is conducted 

9 in accordance with an agenda approved in ad10 vance by the designated Federal officer; 

11 (C) provide an opportunity for interested 

12 persons— 

13 (i) to file comments before or after 

14 each meeting of the Advisory Council; or 

15 (ii) to make statements at such a 

16 meeting, to the extent that time permits; 

17 (D) ensure that a representative of the 

18 Working Group and a high-level representative 

19 from each regional office of the Environmental 

20 Protection Agency are invited to, and encour21 aged to attend, each meeting of the Advisory 

22 Council; and 

23 (E) provide technical assistance to States 

24 seeking to establish State-level environmental 


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1 justice advisory councils or implement other en2 vironmental justice policies or programs. 

3 (g) RESPONSES FROM ADMINISTRATOR.— 

4 (1) PUBLIC COMMENT INQUIRIES.—The Admin5 istrator shall provide a written response to each in6 quiry submitted to the Administrator by a member 

7 of the public before or after each meeting of the Ad8 visory Council by not later than 120 days after the 

9 date of submission. 

10 (2) RECOMMENDATIONS FROM ADVISORY COUN11 CIL.—The Administrator shall provide a written re12 sponse to each recommendation submitted to the Ad13 ministrator by the Advisory Council by not later 

14 than 120 days after the date of submission. 

15 (h) TRAVEL EXPENSES.—A member of the Advisory 

16 Council may be allowed travel expenses, including per 

17 diem in lieu of subsistence, at such rate as the Adminis18 trator determines to be appropriate while away from the 

19 home or regular place of business of the member in the 

20 performance of the duties of the Advisory Council. 

21 (i) DURATION.—The Advisory Council shall remain 

22 in existence unless otherwise provided by law. 

23 SEC. 11010. ENVIRONMENTAL JUSTICE GRANT PROGRAMS. 

24 (a) IN GENERAL.—The Administrator shall continue 

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1 gram and the Environmental Justice Collaborative Prob2 lem-Solving Cooperative Agreement Program, as those 

3 programs are in existence on the date of enactment of this 

4 Act. 

5 (b) CARE GRANTS.—The Administrator shall con6 tinue to carry out the Community Action for a Renewed 

7 Environment grant programs I and II, as in existence on 

8 January 1, 2012. 

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out the programs 

11 described in subsections (a) and (b) $50,000,000 for each 

12 of fiscal years 2021 through 2030. 

13 SEC. 11011. ENVIRONMENTAL JUSTICE COMMUNITY SOLID 

14 WASTE DISPOSAL TECHNICAL ASSISTANCE 

15 GRANTS. 

16 (a) IN GENERAL.—The Administrator may award 

17 grants to eligible entities to enable such entities to partici18 pate in decisions impacting the health and safety of their 

19 communities relating to the permitting or permit renewal 

20 of a solid waste disposal facility or hazardous waste facil21 ity. 

22 (b) TIMING.— 

23 (1) GUIDANCE.—Not later than 12 months 

24 after the date of enactment of this section, the Ad25 ministrator shall publish guidance describing the 


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1 process for eligible entities to apply for a grant 

2 under this section, including the required content 

3 and form of applications, the manner in which appli4 cations must be submitted, and any applicable dead5 lines. 

6 (2) FIRST GRANT.—Not later than 180 days 

7 after the issuance of guidance under paragraph (1), 

8 the Administrator shall award the first grant under 

9 this section. 

10 (c) ELIGIBLE ENTITY.—To be eligible for a grant 

11 under this section, an applicant shall be a group of individ12 uals who reside in a community that— 

13 (1) is a population of color, a community of 

14 color, a Tribal and indigenous community, or a low15 income community; and 

16 (2) is in close proximity to a facility described 

17 in subsection (a) for which a decision relating to a 

18 permit or permit renewal for such facility is re19 quired. 

20 (d) USE OF FUNDS.—An eligible entity receiving a 

21 grant under this section shall use the grant to participate 

22 in decisions impacting the health and safety of the commu23 nity involved that are related to the permitting or permit 

24 renewal of a solid waste disposal facility or hazardous 

25 waste facility, including— 


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1 (1) interpreting information with regard to— 

2 (A) cumulative impacts studies; 

3 (B) health impacts studies; 

4 (C) relevant agency decisions; and 

5 (D) operation and maintenance of nec6 essary monitors; and 

7 (2) performing environmental monitoring. 

8 (e) LIMITATIONS ON AMOUNT; RENEWAL.— 

9 (1) AMOUNT.— 

10 (A) IN GENERAL.—The amount of a grant 

11 under this section (excluding any renewals of 

12 the grant) may not exceed $50,000 for any 

13 grant recipient. 

14 (B) EXCEPTION.—The Administrator may 

15 waive the limitation in subparagraph (A) with 

16 respect to an applicant in any case where the 

17 Administrator determines that such waiver is 

18 necessary for the community involved to obtain 

19 the necessary technical assistance. 

20 (2) RENEWAL.—Grants may be renewed for 

21 each step in the process for the permitting or permit 

22 renewal of a solid waste disposal facility or haz23 ardous waste facility. 


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1 SEC. 11012. ENVIRONMENTAL JUSTICE COMMUNITY, STATE, 

2 AND TRIBAL GRANT PROGRAMS. 

3 (a) ENVIRONMENTAL JUSTICE COMMUNITY GRANT

4 PROGRAM.— 

5 (1) ESTABLISHMENT.—The Administrator shall 

6 establish a program under which the Administrator 

7 shall provide grants to eligible entities to assist the 

8 eligible entities in— 

9 (A) building capacity to address issues re10 lating to environmental justice; and 

11 (B) carrying out any activity described in 

12 paragraph (4). 

13 (2) ELIGIBILITY.—To be eligible to receive a 

14 grant under paragraph (1), an eligible entity shall be 

15 a nonprofit, community-based organization that con16 ducts activities, including providing medical and pre17 ventive health services, to reduce the dispropor18 tionate health impacts of environmental pollution in 

19 the environmental justice community at which the 

20 eligible entity proposes to conduct an activity that is 

21 the subject of the application described in paragraph 

22 (3). 

23 (3) APPLICATION.—To be eligible to receive a 

24 grant under paragraph (1), an eligible entity shall 

25 submit to the Administrator an application at such 


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1 time, in such manner, and containing such informa2 tion as the Administrator may require, including— 

3 (A) an outline describing the means by 

4 which the project proposed by the eligible entity 

5 will— 

6 (i) with respect to environmental and 

7 public health issues at the local level, in8 crease the understanding of the environ9 mental justice community at which the eli10 gible entity will conduct the project; 

11 (ii) improve the ability of the environ12 mental justice community to address each 

13 issue described in clause (i); 

14 (iii) facilitate collaboration and co15 operation among various stakeholders (in16 cluding members of the environmental jus17 tice community); and 

18 (iv) support the ability of the environ19 mental justice community to proactively 

20 plan and implement just sustainable com21 munity development and revitalization ini22 tiatives, including countering displacement 

23 and gentrification; 


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1 (B) a proposed budget for each activity of 

2 the project that is the subject of the applica3 tion; 

4 (C) a list of proposed outcomes with re5 spect to the proposed project; 

6 (D) a description of the ways by which the 

7 eligible entity may leverage the funds of the eli8 gible entity, or the funds made available 

9 through a grant under this subsection, to de10 velop a project that is capable of being sus11 tained beyond the period of the grant; and 

12 (E) a description of the ways by which the 

13 eligible entity is linked to, and representative 

14 of, the environmental justice community at 

15 which the eligible entity will conduct the 

16 project. 

17 (4) USE OF FUNDS.—An eligible entity may 

18 only use a grant under this subsection to carry out 

19 culturally and linguistically appropriate projects and 

20 activities that are driven by the needs, opportunities, 

21 and priorities of the environmental justice commu22 nity at which the eligible entity proposes to conduct 

23 the project or activity to address environmental jus24 tice concerns and improve the health or environment 


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1 of the environmental justice community, including 

2 activities— 

3 (A) to create or develop collaborative part4 nerships; 

5 (B) to educate and provide outreach serv6 ices to the environmental justice community; 

7 (C) to identify and implement projects to 

8 address environmental or public health con9 cerns; or 

10 (D) to develop a comprehensive under11 standing of environmental or public health 

12 issues. 

13 (5) REPORT.— 

14 (A) IN GENERAL.—Not later than 1 year 

15 after the date of enactment of this Act, and an16 nually thereafter, the Administrator shall sub17 mit to the Committees on Energy and Com18 merce and Natural Resources of the House of 

19 Representatives and the Committees on Envi20 ronment and Public Works and Energy and 

21 Natural Resources of the Senate a report de22 scribing the ways by which the grant program 

23 under this subsection has helped community24 based nonprofit organizations address issues re25 lating to environmental justice. 


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1 (B) PUBLIC AVAILABILITY.—The Adminis2 trator shall make each report required under 

3 subparagraph (A) available to the public (in4 cluding by posting a copy of the report on the 

5 website of the Environmental Protection Agen6 cy). 

7 (6) AUTHORIZATION OF APPROPRIATIONS.— 

8 There is authorized to be appropriated to carry out 

9 this subsection $25,000,000 for each of fiscal years 

10 2021 through 2025. 

11 (b) STATE GRANT PROGRAM.— 

12 (1) ESTABLISHMENT.—The Administrator shall 

13 establish a program under which the Administrator 

14 shall provide grants to States to enable the States— 

15 (A) to establish culturally and linguistically 

16 appropriate protocols, activities, and mecha17 nisms for addressing issues relating to environ18 mental justice; and 

19 (B) to carry out culturally and linguis20 tically appropriate activities to reduce or elimi21 nate disproportionately adverse human health 

22 or environmental effects on environmental jus23 tice communities in the State, including reduc24 ing economic vulnerabilities that result in the 


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1 environmental justice communities being dis2 proportionately affected. 

3 (2) ELIGIBILITY.— 

4 (A) APPLICATION.—To be eligible to re5 ceive a grant under paragraph (1), a State shall 

6 submit to the Administrator an application at 

7 such time, in such manner, and containing such 

8 information as the Administrator may require, 

9 including— 

10 (i) a plan that contains a description 

11 of the means by which the funds provided 

12 through a grant under paragraph (1) will 

13 be used to address issues relating to envi14 ronmental justice at the State level; and 

15 (ii) assurances that the funds pro16 vided through a grant under paragraph (1) 

17 will be used only to supplement the 

18 amount of funds that the State allocates 

19 for initiatives relating to environmental 

20 justice. 

21 (B) ABILITY TO CONTINUE PROGRAM.—To 

22 be eligible to receive a grant under paragraph 

23 (1), a State shall demonstrate to the Adminis24 trator that the State has the ability to continue 

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1 vided through a grant under paragraph (1) 

2 after receipt of the funds. 

3 (3) REPORT.— 

4 (A) IN GENERAL.—Not later than 1 year 

5 after the date of enactment of this Act, and an6 nually thereafter, the Administrator shall sub7 mit to the Committees on Energy and Com8 merce and Natural Resources of the House of 

9 Representatives and the Committees on Envi10 ronment and Public Works and Energy and 

11 Natural Resources of the Senate a report de12 scribing— 

13 (i) the implementation of the grant 

14 program established under paragraph (1); 

15 (ii) the impact of the grant program 

16 on improving the ability of each partici17 pating State to address environmental jus18 tice issues; and 

19 (iii) the activities carried out by each 

20 State to reduce or eliminate disproportion21 ately adverse human health or environ22 mental effects on environmental justice 

23 communities in the State. 

24 (B) PUBLIC AVAILABILITY.—The Adminis25 trator shall make each report required under 


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1 subparagraph (A) available to the public (in2 cluding by posting a copy of the report on the 

3 website of the Environmental Protection Agen4 cy). 

5 (4) AUTHORIZATION OF APPROPRIATIONS.— 

6 There is authorized to be appropriated to carry out 

7 this subsection $15,000,000 for each of fiscal years 

8 2021 through 2025. 

9 (c) TRIBAL GRANT PROGRAM.— 

10 (1) ESTABLISHMENT.—The Administrator shall 

11 establish a program under which the Administrator 

12 shall provide grants to Tribal Governments to enable 

13 the Indian Tribes— 

14 (A) to establish culturally and linguistically 

15 appropriate protocols, activities, and mecha16 nisms for addressing issues relating to environ17 mental justice; and 

18 (B) to carry out culturally and linguis19 tically appropriate activities to reduce or elimi20 nate disproportionately adverse human health 

21 or environmental effects on environmental jus22 tice communities in Tribal and indigenous com23 munities, including reducing economic 

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1 digenous communities being disproportionately 

2 affected. 

3 (2) ELIGIBILITY.— 

4 (A) APPLICATION.—To be eligible to re5 ceive a grant under paragraph (1), a Tribal 

6 Government shall submit to the Administrator 

7 an application at such time, in such manner, 

8 and containing such information as the Admin9 istrator may require, including— 

10 (i) a plan that contains a description 

11 of the means by which the funds provided 

12 through a grant under paragraph (1) will 

13 be used to address issues relating to envi14 ronmental justice in Tribal and indigenous 

15 communities; and 

16 (ii) assurances that the funds pro17 vided through a grant under paragraph (1) 

18 will be used only to supplement the 

19 amount of funds that the Tribal Govern20 ment allocates for initiatives relating to en21 vironmental justice. 

22 (B) ABILITY TO CONTINUE PROGRAM.—To 

23 be eligible to receive a grant under paragraph 

24 (1), a Tribal Government shall demonstrate to 

25 the Administrator that the Tribal Government 


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1 has the ability to continue each program that is 

2 the subject of funds provided through a grant 

3 under paragraph (1) after receipt of the funds. 

4 (3) REPORT.— 

5 (A) IN GENERAL.—Not later than 1 year 

6 after the date of enactment of this Act, and an7 nually thereafter, the Administrator shall sub8 mit to the Committees on Energy and Com9 merce and Natural Resources of the House of 

10 Representatives and the Committees on Envi11 ronment and Public Works and Energy and 

12 Natural Resources of the Senate a report de13 scribing— 

14 (i) the implementation of the grant 

15 program established under paragraph (1); 

16 (ii) the impact of the grant program 

17 on improving the ability of each partici18 pating Indian Tribe to address environ19 mental justice issues; and 

20 (iii) the activities carried out by each 

21 Tribal Government to reduce or eliminate 

22 disproportionately adverse human health or 

23 environmental effects on applicable envi24 ronmental justice communities in Tribal 

25 and indigenous communities. 


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1 (B) PUBLIC AVAILABILITY.—The Adminis2 trator shall make each report required under 

3 subparagraph (A) available to the public (in4 cluding by posting a copy of the report on the 

5 website of the Environmental Protection Agen6 cy). 

7 (4) AUTHORIZATION OF APPROPRIATIONS.— 

8 There is authorized to be appropriated to carry out 

9 this subsection $25,000,000 for each of fiscal years 

10 2021 through 2025. 

11 (d) COMMUNITY-BASED PARTICIPATORY RESEARCH

12 GRANT PROGRAM.— 

13 (1) ESTABLISHMENT.—The Administrator, in 

14 consultation with the Director, shall establish a pro15 gram under which the Administrator shall provide 

16 not more than 25 multiyear grants to eligible enti17 ties to carry out community-based participatory re18 search— 

19 (A) to address issues relating to environ20 mental justice; 

21 (B) to improve the environment of resi22 dents and workers in environmental justice 

23 communities; and 


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1 (C) to improve the health outcomes of resi2 dents and workers in environmental justice 

3 communities. 

4 (2) ELIGIBILITY.—To be eligible to receive a 

5 multiyear grant under paragraph (1), an eligible en6 tity shall be a partnership comprised of— 

7 (A) an accredited institution of higher edu8 cation; and 

9 (B) a community-based organization. 

10 (3) APPLICATION.—To be eligible to receive a 

11 multiyear grant under paragraph (1), an eligible en12 tity shall submit to the Administrator an application 

13 at such time, in such manner, and containing such 

14 information as the Administrator may require, in15 cluding— 

16 (A) a detailed description of the partner17 ship of the eligible entity that, as determined by 

18 the Administrator, demonstrates the participa19 tion of members of the community at which the 

20 eligible entity proposes to conduct the research; 

21 and 

22 (B) a description of— 

23 (i) the project proposed by the eligible 

24 entity; and 


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1 (ii) the ways by which the project 

2 will— 

3 (I) address issues relating to en4 vironmental justice; 

5 (II) assist in the improvement of 

6 health outcomes of residents and 

7 workers in environmental justice com8 munities; and 

9 (III) assist in the improvement of 

10 the environment of residents and 

11 workers in environmental justice com12 munities. 

13 (4) PUBLIC AVAILABILITY.—The Administrator 

14 shall make the results of the grants available pro15 vided under this subsection to the public, including 

16 by posting on the website of the Environmental Pro17 tection Agency a copy of the grant awards and an 

18 annual report at the beginning of each fiscal year 

19 describing the research findings associated with each 

20 grant provided under this subsection. 

21 (5) AUTHORIZATION OF APPROPRIATIONS.— 

22 There is authorized to be appropriated to carry out 

23 this subsection $10,000,000 for each of fiscal years 

24 2021 through 2025. 


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1 SEC. 11013. PROTECTIONS FOR ENVIRONMENTAL JUSTICE 

2 COMMUNITIES AGAINST HARMFUL FEDERAL 

3 ACTIONS. 

4 (a) PURPOSE; DEFINITIONS.— 

5 (1) PURPOSE.—The purpose of this section is 

6 to establish additional protections relating to Fed7 eral actions affecting environmental justice commu8 nities in recognition of the disproportionate burden 

9 of adverse human health or environmental effects 

10 faced by such communities. 

11 (2) DEFINITIONS.—In this section: 

12 (A) FEDERAL ACTION.—The term ‘‘Fed13 eral action’’ means a proposed action that re14 quires the preparation of an environmental im15 pact statement, environmental assessment, cat16 egorical exclusion, or other document under the 

17 National Environmental Policy Act of 1969 (42 

18 U.S.C. 4321 et seq.). 

19 (B) ENVIRONMENTAL IMPACT STATE20 MENT.—The term ‘‘environmental impact state21 ment’’ means the detailed statement of environ22 mental impacts of a proposed action required to 

23 be prepared pursuant to the National Environ24 mental Policy Act of 1969 (42 U.S.C. 4321 et 

25 seq.). 


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1 (b) PREPARATION OF A COMMUNITY IMPACT RE2 PORT.—A Federal agency proposing to take a Federal ac3 tion that has the potential to cause negative environmental 

4 or public health impacts on an environmental justice com5 munity shall prepare a community impact report assessing 

6 the potential impacts of the proposed action. 

7 (c) CONTENTS.—The community impact report de8 scribed in subsection (b) shall— 

9 (1) assess the degree to which a proposed Fed10 eral action affecting an environmental justice com11 munity will cause multiple or cumulative exposure to 

12 human health and environmental hazards that influ13 ence, exacerbate or contribute to adverse health out14 comes; 

15 (2) assess relevant public health data and in16 dustry data concerning the potential for multiple or 

17 cumulative exposure to human health or environ18 mental hazards in the area of the environmental jus19 tice community and historical patterns of exposure 

20 to environmental hazards and agencies shall assess 

21 these multiple, or cumulative effects, even if certain 

22 effects are not within the control or subject to the 

23 discretion of the Federal agency proposing the Fed24 eral action; 


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1 (3) assess the impact of such proposed Federal 

2 action on such environmental justice community’s 

3 ability to access public parks, outdoor spaces, and 

4 public recreation opportunities; 

5 (4) evaluate alternatives to or mitigation meas6 ures for the proposed Federal action that will— 

7 (A) eliminate or reduce any identified ex8 posure to human health and environmental haz9 ards described in paragraph (1) to a level that 

10 is reasonably expected to avoid human health 

11 impacts in environmental justice communities; 

12 and 

13 (B) not negatively impact an environ14 mental justice community’s ability to access 

15 public parks, outdoor spaces, and public recre16 ation opportunities; and 

17 (5) analyze any alternative developed by mem18 bers of an affected environmental justice community 

19 that meets the purpose and need of the proposed ac20 tion. 

21 (d) DELEGATION.—Federal agencies shall not dele22 gate responsibility for the preparation of a community im23 pact report prepared under this section to any other enti24 ty. 


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1 (e) NATIONAL ENVIRONMENTAL POLICY ACT RE2 QUIREMENTS FOR ENVIRONMENTAL JUSTICE COMMU3 NITIES.—When carrying out the requirements of the Na4 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

5 et seq.) for a proposed Federal action that may affect an 

6 environmental justice community, a Federal agency 

7 shall— 

8 (1) consider all potential direct, indirect, and 

9 cumulative impacts caused by the action, alter10 natives to such action, and mitigation measures on 

11 the environmental justice community required by the 

12 National Environmental Policy Act of 1969 (42 

13 U.S.C. 4321 et seq.); 

14 (2) require any public comment period carried 

15 out during the scoping phase of the environmental 

16 review process to be no less than 90 days; 

17 (3) provide early and meaningful community in18 volvement opportunities by— 

19 (A) holding multiple hearings in such com20 munity regarding the proposed Federal action 

21 in each prominent language within the environ22 mental justice community; and 

23 (B) providing notice of any step or action 

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1 resentative entities or organizations present in 

2 the environmental justice community includ3 ing— 

4 (i) local religious organizations; 

5 (ii) civic associations and organiza6 tions; 

7 (iii) business associations of people of 

8 color; 

9 (iv) environmental and environmental 

10 justice organizations, including community11 based grassroots organizations led by peo12 ple of color; 

13 (v) homeowners’, tenants’, and neigh14 borhood watch groups; 

15 (vi) local and Tribal Governments; 

16 (vii) rural cooperatives; 

17 (viii) business and trade organiza18 tions; 

19 (ix) community and social service or20 ganizations; 

21 (x) universities, colleges, and voca22 tional schools; 

23 (xi) labor and other worker organiza24 tions; 

25 (xii) civil rights organizations; 


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1 (xiii) senior citizens’ groups; and 

2 (xiv) public health agencies and clin3 ics; and 

4 (4) provide translations of publicly available 

5 documents made available pursuant to the National 

6 Environmental Policy Act in any language spoken by 

7 more than 5 percent of the population residing with8 in the environmental justice community. 

9 (f) COMMUNICATION METHODS AND REQUIRE10 MENTS.—Any notice provided under subsection (e)(3)(B) 

11 shall be provided— 

12 (1) through communication methods that are 

13 accessible in the environmental justice community. 

14 Such methods may include electronic media, news15 papers, radio, direct mailings, canvassing, and other 

16 outreach methods particularly targeted at commu17 nities of color, low-income communities, and Tribal 

18 and indigenous communities; and 

19 (2) at least 30 days before any hearing in such 

20 community or the start of any public comment pe21 riod. 

22 (g) REQUIREMENTS FOR ACTIONS REQUIRING AN

23 ENVIRONMENTAL IMPACT STATEMENT.—For any pro24 posed Federal action affecting an environmental justice 

25 community requiring the preparation of an environmental 


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1 impact statement, the Federal agency shall provide the fol2 lowing information when giving notice of the proposed ac3 tion: 

4 (1) A description of the proposed action. 

5 (2) An outline of the anticipated schedule for 

6 completing the process under the National Environ7 mental Policy Act, with a description of key mile8 stones. 

9 (3) An initial list of alternatives and potential 

10 impacts. 

11 (4) An initial list of other existing or proposed 

12 sources of multiple or cumulative exposure to envi13 ronmental hazards that contribute to higher rates of 

14 serious illnesses within the environmental justice 

15 community. 

16 (5) An agency point of contact. 

17 (6) Timely notice of locations where comments 

18 will be received or public meetings held. 

19 (7) Any telephone number or locations where 

20 further information can be obtained. 

21 (h) NATIONAL ENVIRONMENTAL POLICY ACT RE22 QUIREMENTS FOR INDIAN TRIBES.—When carrying out 

23 the requirements of the National Environmental Policy 

24 Act for a proposed Federal action that may affect an In25 dian Tribe, a Federal agency shall— 


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1 (1) seek Tribal representation in the process in 

2 a manner that is consistent with the government-to3 government relationship between the United States 

4 and Tribal Governments, the Federal Government’s 

5 trust responsibility to federally recognized Tribes, 

6 and any treaty rights; 

7 (2) ensure that an Indian Tribe is invited to 

8 hold the status of a cooperating agency throughout 

9 the National Environmental Policy Act process for 

10 any proposed action that could impact an Indian 

11 Tribe including actions that could impact off res12 ervation lands and sacred sites; and 

13 (3) invite an Indian Tribe to hold the status of 

14 a cooperating agency in accordance with paragraph 

15 (2) no later than the commencement of the scoping 

16 process for a proposed action requiring the prepara17 tion of an environmental impact statement. 

18 (i) AGENCY DETERMINATIONS.—Federal agency de19 terminations about the analysis of a community impact 

20 report described in this section shall be subject to judicial 

21 review to the same extent as any other analysis performed 

22 under the National Environmental Policy Act. 

23 (j) EFFECTIVE DATE.—This section shall take effect 

24 one year after the date of enactment of this Act. 


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1 (k) SAVINGS CLAUSE.—Nothing in this section di2 minishes— 

3 (1) any right granted through the National En4 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

5 seq.) to the public; or 

6 (2) the requirements under that Act to consider 

7 direct, indirect, and cumulative impacts. 

8 SEC. 11014. PROHIBITED DISCRIMINATION. 

9 Section 601 of the Civil Rights Act of 1964 (42 

10 U.S.C. 2000d) is amended— 

11 (1) by striking ‘‘No’’ and inserting ‘‘(a) No’’; 

12 and 

13 (2) by adding at the end the following: 

14 ‘‘(b)(1)(A) Discrimination (including exclusion from 

15 participation and denial of benefits) based on disparate 

16 impact is established under this title if— 

17 ‘‘(i) an entity subject to this title (re18 ferred to in this title as a ‘covered entity’) 

19 has a program, policy, practice, or activity 

20 that causes a disparate impact on the basis 

21 of race, color, or national origin and the 

22 covered entity fails to demonstrate that the 

23 challenged program, policy, practice, or ac24 tivity is related to and necessary to achieve 

25 the nondiscriminatory goal of the program, 


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1 policy, practice, or activity alleged to have 

2 been operated in a discriminatory manner; 

3 or 

4 ‘‘(ii) a less discriminatory alternative 

5 program, policy, practice, or activity exists, 

6 and the covered entity refuses to adopt 

7 such alternative program, policy, practice, 

8 or activity. 

9 ‘‘(B) With respect to demonstrating that a 

10 particular program, policy, practice, or activity 

11 does not cause a disparate impact, the covered 

12 entity shall demonstrate that each particular 

13 challenged program, policy, practice, or activity 

14 does not cause a disparate impact, except that 

15 if the covered entity demonstrates to the courts 

16 that the elements of the covered entity’s deci17 sion-making process are not capable of separa18 tion for analysis, the decision-making process 

19 may be analyzed as 1 program, policy, practice, 

20 or activity. 

21 ‘‘(2) A demonstration that a program, policy, 

22 practice, or activity is necessary to achieve the goals 

23 of a program, policy, practice, or activity may not be 

24 used as a defense against a claim of intentional dis25 crimination under this title. 


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1 ‘‘(c) No person in the United States shall be sub2 jected to discrimination, including retaliation or intimida3 tion, because such person opposed any program, policy, 

4 practice, or activity prohibited by this title, or because 

5 such person made a charge, testified, assisted, or partici6 pated in any manner in an investigation, proceeding, or 

7 hearing under this title.’’. 

8 SEC. 11015. RIGHT OF ACTION. 

9 (a) IN GENERAL.—Section 602 of the Civil Rights 

10 Act of 1964 (42 U.S.C. 2000d–1) is amended— 

11 (1) by inserting ‘‘(a)’’ before ‘‘Each Federal de12 partment and agency which is empowered’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(b) Any person aggrieved by the failure to comply 

15 with this title, including any regulation promulgated pur16 suant to this title, may file suit in any district court of 

17 the United States having jurisdiction of the parties, with18 out respect to the amount in controversy and without re19 gard to the citizenship of the parties.’’. 

20 (b) EFFECTIVE DATE.— 

21 (1) IN GENERAL.—This section, including the 

22 amendments made by this section, takes effect on 

23 the date of enactment of this Act. 

24 (2) APPLICATION.—This section, including the 

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1 tions or proceedings pending on or after the date of 

2 enactment of this Act. 

3 SEC. 11016. RIGHTS OF RECOVERY. 

4 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 

5 2000d et seq.) is amended by inserting after section 602 

6 the following: 

7 ‘‘SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED PERSONS. 

8 ‘‘(a) CLAIMS BASED ON PROOF OF INTENTIONAL

9 DISCRIMINATION.—In an action brought by an aggrieved 

10 person under this title against a covered entity who has 

11 engaged in unlawful intentional discrimination (not a 

12 practice that is unlawful because of its disparate impact) 

13 prohibited under this title (including its implementing reg14 ulations), the aggrieved person may recover equitable and 

15 legal relief (including compensatory and punitive dam16 ages), attorney’s fees (including expert fees), and costs of 

17 the action, except that punitive damages are not available 

18 against a government, government agency, or political 

19 subdivision. 

20 ‘‘(b) CLAIMS BASED ON THE DISPARATE IMPACT

21 STANDARD OF PROOF.—In an action brought by an ag22 grieved person under this title against a covered entity 

23 who has engaged in unlawful discrimination based on dis24 parate impact prohibited under this title (including imple25 menting regulations), the aggrieved person may recover 


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1 attorney’s fees (including expert fees), and costs of the 

2 action.’’. 

3 SEC. 11017. PUBLIC HEALTH RISKS ASSOCIATED WITH CU4 MULATIVE ENVIRONMENTAL STRESSORS. 

5 (a) PROPOSED PROTOCOL.—Not later than 180 days 

6 after the date of enactment of this section, the Adminis7 trator, in consultation with the Advisory Council, shall 

8 publish a proposal for a protocol for assessing and ad9 dressing the cumulative public health risks associated with 

10 multiple environmental stressors. The Administrator shall 

11 allow 90 days for public comment on such proposal. The 

12 environmental stressors addressed under such proposal 

13 shall include— 

14 (1) impacts associated with global climate 

15 change, including extreme heat, extremes in tem16 perature change, drought, wildfires, sea level rise, 

17 flooding, storms, water shortage, food shortage, eco18 system disruption, and the spread of infectious dis19 ease; 

20 (2) exposure to pollutants, emissions, dis21 charges, waste, chemicals, or other materials subject 

22 to regulation under the Clean Air Act, the Federal 

23 Water Pollution Control Act, the Safe Drinking 

24 Water Act, the Toxic Substances Control Act, the 

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1 ronmental Response, Compensation, and Liability 

2 Act of 1980, the Emergency Planning and Commu3 nity Right-to-Know Act of 1986, and other laws ad4 ministered by the Administrator; and 

5 (3) other environmental stressors determined by 

6 the Administrator to impact public health. 

7 (b) FINAL PROTOCOL.—Not later than 1 year after 

8 the enactment of this section, the Administrator shall pub9 lish the final protocol for assessing and addressing the cu10 mulative public health risks associated with multiple envi11 ronmental stressors. 

12 (c) IMPLEMENTATION.—Not later than 3 years after 

13 the enactment of this section, the Administrator shall im14 plement the protocol described under subsection (b). 

15 SEC. 11018. CLIMATE JUSTICE GRANT PROGRAM. 

16 (a) ESTABLISHMENT.—The Administrator shall es17 tablish a program under which the Administrator shall 

18 provide grants to eligible entities to assist the eligible enti19 ties in— 

20 (1) building capacity to address issues relating 

21 to climate justice; and 

22 (2) carrying out any activity described in sub23 section (d). 

24 (b) ELIGIBILITY.—To be eligible to receive a grant 

25 under subsection (a), an eligible entity shall be a tribal 


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1 government, local government, or nonprofit, community2 based organization. 

3 (c) APPLICATION.—To be eligible to receive a grant 

4 under subsection (a), an eligible entity shall submit to the 

5 Administrator an application at such time, in such man6 ner, and containing such information as the Administrator 

7 may require, including— 

8 (1) an outline describing the means by which 

9 the project proposed by the eligible entity will— 

10 (A) with respect to climate justice issues at 

11 the local level, increase the understanding of 

12 the environmental justice community at which 

13 the eligible entity will conduct the project; 

14 (B) improve the ability of the environ15 mental justice community to address each issue 

16 described in subparagraph (A); 

17 (C) facilitate collaboration and cooperation 

18 among various stakeholders (including members 

19 of the environmental justice community); and 

20 (D) support the ability of the environ21 mental justice community to proactively plan 

22 and implement climate justice initiatives; 

23 (2) a proposed budget for each activity of the 

24 project that is the subject of the application; 


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1 (3) a list of proposed outcomes with respect to 

2 the proposed project; 

3 (4) a description of the ways by which the eligi4 ble entity may leverage the funds of the eligible enti5 ty, or the funds made available through a grant 

6 under this subsection, to develop a project that is ca7 pable of being sustained beyond the period of the 

8 grant; and 

9 (5) a description of the ways by which the eligi10 ble entity is linked to, and representative of, the en11 vironmental justice community at which the eligible 

12 entity will conduct the project. 

13 (d) USE OF FUNDS.—An eligible entity may only use 

14 a grant under this subsection to carry out culturally and 

15 linguistically appropriate projects and activities that are 

16 driven by the needs, opportunities, and priorities of the 

17 environmental justice community at which the eligible en18 tity proposes to conduct the project or activity to address 

19 climate justice concerns of the environmental justice com20 munity, including activities— 

21 (1) to create or develop collaborative partner22 ships; 

23 (2) to educate and provide outreach services to 

24 the environmental justice community on climate jus25 tice; 


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1 (3) to identify and implement projects to ad2 dress climate justice concerns, including community 

3 solar and wind energy projects, energy efficiency, 

4 home and building electrification, home and building 

5 weatherization, energy storage, solar and wind en6 ergy supported microgrids, battery electric vehicles, 

7 electric vehicle charging infrastructure, natural in8 frastructure, and climate resilient infrastructure. 

9 (e) LIMITATIONS ON AMOUNT.—The amount of a 

10 grant under this section may not exceed $2,000,000 for 

11 any grant recipient. 

12 (f) REPORT.— 

13 (1) IN GENERAL.—Not later than 1 year after 

14 the date of enactment of this Act, and annually 

15 thereafter, the Administrator shall submit to the 

16 Committees on Energy and Commerce and Natural 

17 Resources of the House of Representatives and the 

18 Committees on Environment and Public Works and 

19 Energy and Natural Resources of the Senate a re20 port describing the ways by which the grant pro21 gram under this subsection has helped eligible enti22 ties address issues relating to energy and climate 

23 justice. 

24 (2) PUBLIC AVAILABILITY.—The Administrator 

25 shall make each report required under paragraph (1) 


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1 available to the public (including by posting a copy 

2 of the report on the website of the Environmental 

3 Protection Agency). 

4 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this subsection 

6 $1,000,000,000 for each of fiscal years 2021 through 

7 2025. The Administrator may not use more than 2 per8 cent of the amount appropriated for each fiscal year for 

9 administrative expenses, including outreach and technical 

10 assistance to eligible entities. 

11 SEC. 11019. ENVIRONMENTAL JUSTICE FOR COMMUNITIES 

12 OVERBURDENED BY ENVIRONMENTAL VIOLA13 TIONS. 

14 (a) IDENTIFICATION OF COMMUNITIES.—Not later 

15 than 180 days after the date of enactment of this section, 

16 the Administrator shall, in consultation with the Advisory 

17 Council and co-regulators in State and local agencies, 

18 identify at least 100 communities— 

19 (1) that are environmental justice communities; 

20 and 

21 (2) in which there have been over the previous 

22 5 years a number of violations of environmental law 

23 that the Administrator determines to be greater 

24 than the national average of such violations. 


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1 (b) ANALYSIS AND RECOMMENDATIONS.—Not later 

2 than 1 year after the enactment of this section, with re3 spect to each community identified under subsection (a), 

4 and in consultation with the Advisory Council, the Admin5 istrator shall— 

6 (1) undertake an analysis of the conditions 

7 which have led to the number of violations identified 

8 under subsection (a)(1), including through commu9 nity-based science implemented through engagement 

10 with the residents of each such community; 

11 (2) identify the root cause of the number of vio12 lations described under subsection (a)(1); and 

13 (3) recommend measures that the Adminis14 trator shall take, in coordination with co-regulators 

15 in State and local agencies, to reduce the number of 

16 violations of environmental law to a number that the 

17 Administrator determines to be significantly below 

18 the national average. 

19 (c) IMPLEMENTATION.—Not later than 2 years after 

20 the date of enactment of this section, the Administrator 

21 shall complete the implementation of the measures identi22 fied under subsection (b)(3). 


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1 TITLE XII—OTHER MATTERS 

2 Subtitle A—Blue Collar to Green 

3 Collar Jobs Development 

4 PART 1—OFFICE OF ECONOMIC IMPACT, 

5 DIVERSITY, AND EMPLOYMENT 

6 SEC. 12101. NAME OF OFFICE. 

7 (a) IN GENERAL.—Section 211 of the Department of 

8 Energy Organization Act (42 U.S.C. 7141) is amended— 

9 (1) in the section heading, by striking ‘‘MINOR10 ITY ECONOMIC IMPACT’’ and inserting ‘‘ECONOMIC

11 IMPACT, DIVERSITY, AND EMPLOYMENT’’; and 

12 (2) in subsection (a), by striking ‘‘Office of Mi13 nority Economic Impact’’ and inserting ‘‘Office of 

14 Economic Impact, Diversity, and Employment’’. 

15 (b) CONFORMING AMENDMENT.—The table of con16 tents for the Department of Energy Organization Act is 

17 amended by amending the item relating to section 211 to 

18 read as follows: 

‘‘Sec. 211. Office of Economic Impact, Diversity, and Employment.’’. 

19 SEC. 12102. ENERGY WORKFORCE DEVELOPMENT PRO20 GRAMS. 

21 Section 211 of the Department of Energy Organiza22 tion Act (42 U.S.C. 7141) is amended— 

23 (1) by redesignating subsections (f) and (g) as 

24 subsections (g) and (h), respectively; and 


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1 (2) by inserting after subsection (e) the fol2 lowing: 

3 ‘‘(f) The Secretary, acting through the Director, shall 

4 support the establishment and execution of the programs 

5 described in sections 12111 and 12112 of the Clean Econ6 omy Jobs and Innovation Act.’’. 

7 SEC. 12103. AUTHORIZATION. 

8 Subsection (h) of section 211 of the Department of 

9 Energy Organization Act (42 U.S.C. 7141), as redesig10 nated by section 12102 of this Act, is amended by striking 

11 ‘‘not to exceed $3,000,000 for fiscal year 1979, not to ex12 ceed $5,000,000 for fiscal year 1980, and not to exceed 

13 $6,000,000 for fiscal year 1981. Of the amounts so appro14 priated each fiscal year, not less than 50 percent shall be 

15 available for purposes of financial assistance under sub16 section (e).’’ and inserting ‘‘$100,000,000 for each of fis17 cal years 2021 through 2025.’’. 

18 PART 2—ENERGY WORKFORCE DEVELOPMENT 

19 SEC. 12111. ENERGY WORKFORCE DEVELOPMENT. 

20 (a) IN GENERAL.—Subject to the availability of ap21 propriations for such purpose, the Secretary of Labor and 

22 the Secretary of Energy, acting through the Director of 

23 the Office of Economic Impact, Diversity, and Employ24 ment, shall jointly establish and carry out a comprehen25 sive, nationwide program to improve education and trainVerDate Sep 11 2014 00:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 01017 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.RFS H4447

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1 ing for jobs in energy-related industries, including manu2 facturing, engineering, construction, and retrofitting jobs 

3 in such energy-related industries in order to the increase 

4 number of skilled workers trained to work in such energy5 related industries, including by— 

6 (1) encouraging underrepresented groups, in7 cluding religious and ethnic minorities, women, vet8 erans, individuals with disabilities, unemployed en9 ergy workers, and socioeconomically disadvantaged 

10 individuals to enter into the science, technology, en11 gineering, and mathematics (in this section referred 

12 to as ‘‘STEM’’) fields; 

13 (2) encouraging the Nation’s educational insti14 tutions to equip students with the skills, 

15 mentorships, training, and technical expertise nec16 essary to fill the employment opportunities vital to 

17 managing and operating the Nation’s energy-related 

18 industries; 

19 (3) providing students and other candidates for 

20 employment with the necessary skills and certifi21 cations for skilled jobs in such energy-related indus22 tries; and 

23 (4) strengthening and more fully engaging De24 partment of Energy programs and laboratories in 


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1 carrying out the Department’s Minorities in Energy 

2 Initiative. 

3 (b) DIRECT ASSISTANCE.— 

4 (1) IN GENERAL.—In carrying out the program 

5 established under subsection (a), the Secretaries 

6 may provide financial assistance awards, technical 

7 assistance, and other assistance the Secretaries de8 termine appropriate, to educational institutions and 

9 training programs and providers, including those 

10 serving unemployed and underemployed energy 

11 workers. 

12 (2) DISTRIBUTION.—The Secretaries shall dis13 tribute assistance described in paragraph (1) in a 

14 manner proportional to the needs of energy-related 

15 industries and demand for jobs in energy-related in16 dustries, consistent with information developed 

17 under subsection (e), and to the extent practicable, 

18 ensure a geographically diverse distribution, includ19 ing a geographically diverse distribution among re20 gions of the country and among urban, suburban, 

21 and rural areas. 

22 (c) PRIORITY.—In carrying out the program estab23 lished under subsection (a) the Secretaries shall prioritize 

24 the education and training of individuals from underrep25 resented populations for jobs in energy-related industries. 


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1 (d) COLLABORATION AND OUTREACH.—In carrying 

2 out the program established under subsection (a), the Sec3 retaries shall— 

4 (1) collaborate with— 

5 (A) to the maximum extent possible, State 

6 or local workforce development boards and 

7 State workforce agencies, to maximize program 

8 efficiency; 

9 (B) educational institutions and training 

10 programs and providers; and 

11 (C) employers and labor organizations in 

12 energy-related industries providing opportuni13 ties to participate in internships, fellowships, 

14 traineeships, and apprenticeships to students, 

15 including students of minority-serving institu16 tions and unemployed or underemployed energy 

17 workers, and other candidates, such as under18 represented populations; and 

19 (2) conduct outreach activities to— 

20 (A) encourage individuals from underrep21 resented populations and unemployed or under22 employed energy workers to enter into the 

23 STEM fields; and 

24 (B) encourage and foster collaboration, 

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1 related industries, and training programs and 

2 providers, that provide effective training pro3 grams for jobs in energy-related industries and 

4 educational institutions that seek to establish 

5 these types of programs in order to share best 

6 practices and approaches that best suit local, 

7 State, and national needs. 

8 (e) CLEARINGHOUSE.— 

9 (1) ESTABLISHMENT.—In carrying out the pro10 gram established under subsection (a), the Secretary 

11 of Labor, in collaboration with Secretary of Energy, 

12 the Secretary of Education, the Secretary of Com13 merce, and the Director of the Bureau of the Cen14 sus, and energy-related industries, shall establish a 

15 clearinghouse on a publicly accessible website to— 

16 (A) develop, maintain, and update informa17 tion and other resources, by State and by re18 gion, on— 

19 (i) training programs for jobs in en20 ergy-related industries; and 

21 (ii) the current and future workforce 

22 needs of energy-related industries, and job 

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1 ergy-related industries for which there is 

2 the greatest demand; and 

3 (B) act as a resource for educational insti4 tutions and training programs and providers 

5 that would like to develop and implement train6 ing programs for such jobs. 

7 (2) REPORT.—The Secretaries shall annually 

8 publish a report on the information and other re9 sources developed, maintained, and updated on the 

10 clearinghouse established under paragraph (1), in11 cluding— 

12 (A) a report providing comprehensive and 

13 detailed description of the workforce needs of 

14 such energy-related industries, and job opportu15 nities in such energy-related industries, by 

16 State and by region; and 

17 (B) publish an annual report on job cre18 ation in the energy-related industries described 

19 in subsection (f)(1). 

20 (f) GUIDELINES TO DEVELOP SKILLS FOR AN EN21 ERGY INDUSTRY WORKFORCE.— 

22 (1) IN GENERAL.—In carrying out the program 

23 established under subsection (a), the Secretaries, in 

24 collaboration with the Secretary of Education, the 

25 Secretary of Commerce, and the National Science 


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1 Foundation, shall develop voluntary guidelines or 

2 best practices for educational institutions to help 

3 provide students with the skills necessary for jobs in 

4 energy-related industries, including jobs in— 

5 (A) the energy efficiency industry, includ6 ing jobs in energy efficiency (including architec7 ture, design, and construction of new energy ef8 ficient buildings), conservation, weatherization, 

9 retrofitting, inspecting, auditing, and software 

10 development; 

11 (B) the renewable energy industry, includ12 ing jobs in the development, engineering, manu13 facturing, and production of energy from re14 newable energy sources (such as solar, hydro15 power, wind, and geothermal energy); 

16 (C) the community energy resiliency indus17 try, including jobs in the installation of rooftop 

18 solar, in battery storage, and in microgrid tech19 nologies; 

20 (D) the fuel cell and hydrogen energy in21 dustry; 

22 (E) the advanced automotive technology 

23 industry, including jobs relating to electric vehi24 cle batteries, connectivity and automation, and 

25 advanced combustion engines; 


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1 (F) the manufacturing industry, including 

2 jobs as operations technicians, in operations 

3 and design in additive manufacturing, 3–D 

4 printing, and advanced composites and ad5 vanced aluminum and other metal alloys, and in 

6 industrial energy efficiency management sys7 tems, including power electronics, and other in8 novative technologies; 

9 (G) the chemical manufacturing industry, 

10 including jobs in construction (such as welders, 

11 pipefitters, and tool and die makers), as instru12 ment and electrical technicians, machinists, 

13 chemical process operators, engineers, quality 

14 and safety professionals, and reliability engi15 neers; 

16 (H) the utility industry, including jobs in 

17 smart grid technology, cybersecurity manage18 ment, and the generation, transmission, and 

19 distribution of electricity and natural gas, such 

20 as electricians and utility dispatchers, techni21 cians, operators, lineworkers, engineers, sci22 entists, and information technology specialists; 

23 (I) the alternative fuels industry, including 

24 jobs in biofuel and bioproducts development and 

25 production; 


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1 (J) the pipeline industry, including jobs in 

2 pipeline construction and maintenance and jobs 

3 as engineers and technical advisors; 

4 (K) the nuclear energy industry, including 

5 jobs as scientists, engineers, technicians, mathe6 maticians, and security personnel; 

7 (L) the oil and gas industry, including jobs 

8 as scientists, engineers, technicians, mathemati9 cians, petrochemical engineers, and geologists; 

10 and 

11 (M) the coal industry, including jobs as 

12 coal miners, engineers, developers and manufac13 turers of state-of-the-art coal facilities, tech14 nology vendors, coal transportation workers and 

15 operators, and mining equipment vendors. 

16 (2) ENERGY EFFICIENCY AND CONSERVATION

17 INITIATIVES.—The guidelines or best practices devel18 oped under paragraph (1) shall include grade-spe19 cific guidelines for elementary schools and secondary 

20 schools for teaching energy efficiency technology, ar21 chitecture, design, and construction of new energy22 efficient buildings and building energy retrofits, 

23 manufacturing efficiency technology, community en24 ergy resiliency, and conservation initiatives. 


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1 (3) STEM EDUCATION.—The guidelines or best 

2 practices developed under paragraph (1) shall pro3 mote STEM education and energy related programs 

4 of study in educational institutions as it relates to 

5 job opportunities in energy-related industries listed 

6 under such paragraph. 

7 (g) OUTREACH TO MINORITY SERVING INSTITU8 TIONS.—In carrying out the program established under 

9 subsection (a), the Secretaries shall— 

10 (1) give special consideration to increasing out11 reach to minority-serving institutions; 

12 (2) make resources available to minority-serving 

13 institutions with the objective of increasing the num14 ber of skilled minorities and women trained for jobs 

15 in energy-related industries, including manufac16 turing, engineering, construction, and retrofitting 

17 jobs in such energy-related industries; 

18 (3) encourage energy-related industries to im19 prove the opportunities for students of minority20 serving institutions to participate in industry intern21 ships, apprenticeships, and cooperative work-study 

22 programs; and 

23 (4) partner with the Department of Energy lab24 oratories to increase underrepresented groups’ par25 ticipation in internships, fellowships, traineeships, 


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1 and employment at all Department of Energy lab2 oratories. 

3 (h) OUTREACH TO DISPLACED, UNEMPLOYED AND

4 UNDEREMPLOYED ENERGYWORKERS.—In carrying out 

5 the program established under subsection (a), the Secre6 taries shall— 

7 (1) give special consideration to increasing out8 reach to employers and job trainers preparing dis9 placed, unemployed, and underemployed energy 

10 workers for emerging jobs in energy-related indus11 tries, including manufacturing, engineering, con12 struction, and retrofitting jobs in such energy-re13 lated industries; 

14 (2) make resources available to institutions 

15 serving displaced and unemployed energy workers 

16 with the objective of increasing the number of indi17 viduals trained for jobs in energy-related industries, 

18 including manufacturing, engineering, construction, 

19 and retrofitting jobs in such energy-related indus20 tries; and 

21 (3) encourage energy-related industries to im22 prove opportunities for displaced and unemployed 

23 energy workers to participate in industry intern24 ships, apprenticeships, and work-study programs. 


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1 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $15,000,000 for each of fiscal years 2021 through 2025. 

4 SEC. 12112. ENERGY WORKFORCE GRANT PROGRAM. 

5 (a) PROGRAM.— 

6 (1) ESTABLISHMENT.—Subject to the avail7 ability of appropriations for such purpose, the Sec8 retary of Labor and the Secretary of Energy, acting 

9 through the Director of the Office of Economic Im10 pact, Diversity, and Employment, shall jointly estab11 lish and carry out a program to provide grants to 

12 eligible entities to pay the eligible wages of, or eligi13 ble stipends for, individuals during the time period 

14 that such individuals are receiving training to work 

15 in the renewable energy sector, energy efficiency sec16 tor, or grid modernization sector. 

17 (2) GUIDELINES.—Not later than 60 days after 

18 the date of enactment of this Act, the Secretaries, 

19 in consultation with stakeholders, contractors, and 

20 organizations that work to advance existing residen21 tial energy efficiency, shall establish guidelines to 

22 identify training that is eligible for purposes of the 

23 program established pursuant to paragraph (1). 

24 (b) ELIGIBILITY.— 


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1 (1) IN GENERAL.—To be eligible to receive a 

2 grant under the program established under sub3 section (a), an eligible entity shall be directly in4 volved with energy efficiency or renewable energy 

5 technology and provide services related to— 

6 (A) renewable electric energy generation, 

7 including solar, wind, geothermal, hydropower, 

8 and other renewable electric energy generation 

9 technologies; 

10 (B) energy efficiency, including energy-effi11 cient lighting, heating, ventilation, and air con12 ditioning, air source heat pumps, advanced 

13 building materials, insulation and air sealing, 

14 and other high-efficiency products and services, 

15 including auditing and inspection, architecture, 

16 design, and construction of new energy efficient 

17 buildings and building energy retrofits; 

18 (C) grid modernization or energy storage, 

19 including smart grid, microgrid and other dis20 tributed energy solutions, demand response 

21 management, and home energy management 

22 technology; or 

23 (D) fuel cell and hybrid fuel cell genera24 tion. 


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1 (2) DEFINITIONS.—In this subsection, the fol2 lowing terms apply: 

3 (A) ELIGIBLE ENTITY.—The term ‘‘eligible 

4 entity’’ means— 

5 (i) an employer in an industry de6 scribed in paragraph (1); or 

7 (ii) a labor organization, a joint-labor 

8 management organization, a State or local 

9 workforce board, or a training program or 

10 provider that provides training to individ11 uals to work for an employer described in 

12 clause (i), or works on behalf of any such 

13 employers. 

14 (B) ELIGIBLE STIPEND.—The term ‘‘eligi15 ble stipend’’ means a stipend that meets the 

16 criteria identified pursuant to the guidelines es17 tablished under subsection (a)(2). 

18 (C) ELIGIBLE WAGES.—The term ‘‘eligible 

19 wages’’ means wages that meet the criteria 

20 identified pursuant to the guidelines established 

21 under subsection (a)(2). 

22 (c) USE OF GRANTS.— 

23 (1) ELIGIBLE WAGES.—An eligible entity 

24 with— 


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1 (A) 20 or fewer employees may use a grant 

2 provided under the program established under 

3 subsection (a) to pay up to— 

4 (i) 45 percent of an employee’s eligi5 ble wages for the duration of the applicable 

6 training for such employee, if the training 

7 is provided by the eligible entity; and 

8 (ii) 90 percent of an employee’s eligi9 ble wages for the duration of the applicable 

10 training for such employee, if the training 

11 is provided by an entity other than the eli12 gible entity; 

13 (B) 21 to 99 employees may use a grant 

14 provided under the program established under 

15 subsection (a) to pay up to— 

16 (i) 37.5 percent of an employee’s eligi17 ble wages for the duration of the applicable 

18 training for such employee, if the training 

19 is provided by the eligible entity; and 

20 (ii) 75 percent of an employee’s eligi21 ble wages for the duration of the applicable 

22 training for such employee, if the training 

23 is provided by an entity other than the eli24 gible entity; and 


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1 (C) 100 employees or more may use a 

2 grant provided under the program established 

3 under subsection (a) to pay up to— 

4 (i) 25 percent of an employee’s eligi5 ble wages for the duration of the applicable 

6 training for such employee, if the training 

7 is provided by the eligible entity; and 

8 (ii) 50 percent of an employee’s eligi9 ble wages for the duration of the applicable 

10 training for such employee, if the training 

11 is provided by an entity other than the eli12 gible entity. 

13 (2) STIPEND.—An eligible entity may use a 

14 grant provided under the program established under 

15 subsection (a) to pay up to 100 percent of an eligi16 ble stipend for an individual for the duration of the 

17 applicable training for such individual. 

18 (d) PRIORITY FOR TARGETED COMMUNITIES.—In 

19 providing grants under the program established under 

20 subsection (a), the Secretary shall give priority to an eligi21 ble entity that— 

22 (1) recruits or trains individuals who are— 

23 (A) from the community that the eligible 

24 entity serves; and 


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1 (B)(i) from underrepresented populations; 

2 or 

3 (ii) unemployed or underemployed energy 

4 workers; and 

5 (2) will provide individuals receiving training 

6 with the opportunity to obtain or retain employment 

7 at an eligible entities. 

8 (e) LIMIT.—An eligible entity may not receive more 

9 than $100,000 under the program established under sub10 section (a) per fiscal year. 

11 (f) REPORT.—The Secretaries shall submit to Con12 gress, annually for each year the program established 

13 under subsection (a) is carried out, a report on such pro14 gram, including— 

15 (1) an assessment of such program for the pre16 vious year, including the number of jobs filled by in17 dividuals trained pursuant to such program; and 

18 (2) recommendations on how to improve such 

19 program. 

20 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out this section 

22 $50,000,000 for each of fiscal years 2021 through 2025. 

23 (h) MONITORING.—The Secretary of Labor, in con24 sultation with the Secretary of Energy, shall collect data 

25 to monitor current and future trends and shortages within 


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1 the clean energy technology industry, which includes 

2 skilled technical personnel, electric power engineers, trans3 mission engineers, and other occupations or fields of work 

4 under— 

5 (1) the agriculture and forestry industry; 

6 (2) the electric utility industry; 

7 (3) the manufacturing industry; 

8 (4) the wholesale trade industry; 

9 (5) the professional and business services indus10 try; and 

11 (6) the manufacturing and operation and main12 tenance industries for component parts of clean en13 ergy technologies. 

14 (i) REPORT ON CURRENT TRENDS AND SHORT15 AGES.—Not later than 120 days after the date of enact16 ment of this Act, and on a quarterly basis thereafter, the 

17 Secretary shall submit to Congress, based on the data col18 lected under subsection (h), a report on— 

19 (1) trends and shortages as of the date of such 

20 report, and recommendations to prepare the work21 force to address such trends and shortages to meet 

22 the demands of a clean energy economy; and 

23 (2) other recommendations the Secretary deter24 mines appropriate. 


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1 (j) REPORT ON FUTURE TRENDS AND SHORT2 AGES.—Not later than 1 year after the date of enactment 

3 of this Act, the Secretary shall submit to Congress, based 

4 on the data collected under subsection (h), a report on— 

5 (1) trends and shortages projected in the next 

6 10 years, and recommendations to address such 

7 trends and shortages to prepare the workforce to 

8 meet the demands of a clean energy economy; and 

9 (2) other recommendations the Secretary deter10 mines appropriate. 

11 SEC. 12113. DEFINITIONS. 

12 In this part: 

13 (1) CAREER AND TECHNICAL EDUCATION.—The 

14 term ‘‘career and technical education’’ has the 

15 meaning given such term in section 3 or the Carl D. 

16 Perkins Career and Technical Education Act of 

17 2006 (20 U.S.C. 2302). 

18 (2) COMMUNITY-BASED ORGANIZATION.—The 

19 term ‘‘community-based organization’’ has the 

20 meaning given such term in section 3 of the Work21 force Innovation and Opportunity Act (29 U.S.C. 

22 3102). 

23 (3) TRAINING PROGRAMS AND PROVIDERS.— 

24 The term ‘‘training programs and providers’’ means 

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1 munity-based organizations, qualified youth or con2 servation corps, Job Corps authorized under subtitle 

3 C of title I the Workforce Innovation and Oppor4 tunity Act (29 U.S.C. 3101 et seq.), labor organiza5 tions, joint-labor management organizations, pre-ap6 prenticeship programs, and apprenticeship pro7 grams. 

8 (4) EDUCATIONAL INSTITUTION.—The term 

9 ‘‘educational institution’’ means an elementary 

10 school, secondary school, or institution of higher 

11 education, including educational institutions pro12 viding career and technical education programs and 

13 programs of study. 

14 (5) ELEMENTARY SCHOOL AND SECONDARY

15 SCHOOL.—The terms ‘‘elementary school’’ and ‘‘sec16 ondary school’’ have the meanings given such terms 

17 in section 8101 of the Elementary and Secondary 

18 Education Act of 1965 (20 U.S.C. 7801). 

19 (6) ENERGY-RELATED INDUSTRY.—The term 

20 ‘‘energy-related industry’’ includes the energy effi21 ciency industry, renewable energy industry, commu22 nity energy resiliency industry, fuel cell and hydro23 gen energy industry, advanced automotive tech24 nology industry, chemical manufacturing industry, 

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1 native fuels industry, pipeline industry, nuclear en2 ergy industry, oil and gas industry, and coal indus3 try. 

4 (7) INSTITUTION OF HIGHER EDUCATION.—The 

5 term ‘‘institution of higher education’’ has the 

6 meaning given such term in section 102 of the High7 er Education Act of 1965 (20 U.S.C. 1002), except 

8 that such term does not include institutions de9 scribed in subparagraph (A) or (C) of subsection 

10 (a)(1) of such section 102. 

11 (8) JOBS IN ENERGY-RELATED INDUSTRIES.— 

12 The term ‘‘jobs in energy-related industries’’ in13 cludes manufacturing, engineering, construction, and 

14 retrofitting jobs in energy-related industries. 

15 (9) LABOR ORGANIZATION.—The term ‘‘labor 

16 organization’’ has the meaning given such term in 

17 section 2 of the National Labor Relations Act (29 

18 U.S.C. 152). 

19 (10) MINORITY-SERVING INSTITUTION.—The 

20 term ‘‘minority-serving institution’’ means an insti21 tution of higher education that is of one of the fol22 lowing: 

23 (A) A Hispanic-serving institution (as de24 fined in section 502(a) of the Higher Education 

25 Act of 1965 (20 U.S.C. 1101a(a))). 


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1 (B) A Tribal College or University (as de2 fined in section 316(b) of the Higher Education 

3 Act of 1965 (20 U.S.C. 1059c(b))). 

4 (C) An Alaska Native-serving institution 

5 (as defined in section 317(b) of the Higher 

6 Education Act of 1965 (20 U.S.C. 1059d(b))). 

7 (D) A Native Hawaiian-serving institution 

8 (as defined in section 317(b) of the Higher 

9 Education Act of 1965 (20 U.S.C. 1059d(b))). 

10 (E) A Predominantly Black Institution (as 

11 defined in section 318(b) of the Higher Edu12 cation Act of 1965 (20 U.S.C. 1059e(b))). 

13 (F) A Native American-serving nontribal 

14 institution (as defined in section 319(b) of the 

15 Higher Education Act of 1965 (20 U.S.C. 

16 1059f(b))). 

17 (G) An Asian American and Native Amer18 ican Pacific Islander-serving institution (as de19 fined in section 320(b) of the Higher Education 

20 Act of 1965 (20 U.S.C. 1059g(b))). 

21 (H) A historically Black college or univer22 sity (having the meaning given the term ‘‘part 

23 B institution’’ in section 322 of the Higher 

24 Education Act of 1965 (20 U.S.C. 1061)). 


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1 (11) QUALIFIED YOUTH OR CONSERVATION

2 CORPS.—The term ‘‘qualified youth or conservation 

3 corps’’ has the meaning given such term in section 

4 203(11) of the Public Lands Corps Act of 1993 (16 

5 U.S.C. 1722(11)). 

6 (12) SECRETARIES.—The term ‘‘Secretaries’’ 

7 means the Secretary of Labor and the Secretary of 

8 Energy. 

9 (13) STATE OR LOCAL WORKFORCE DEVELOP10 MENT BOARD.—The term ‘‘State or workforce devel11 opment board’’ or ‘‘local workforce development 

12 board’’ have the meanings given the terms ‘‘State 

13 board’’ and ‘‘local board’’, respectively, in section 3 

14 of the Workforce Innovation and Opportunity Act 

15 (29 U.S.C. 3102). 

16 (14) STATE WORKFORCE AGENCY.—The term 

17 ‘‘State workforce agency’’ means the State agency 

18 with responsibility for workforce investment activi19 ties under chapters 2 and 3 of subtitle B of title I 

20 of the Workforce Innovation and Opportunity Act 

21 (29 U.S.C. 3121 et seq., 3131 et seq.). 

22 (15) STEM.—The term ‘‘STEM’’ means 

23 science, technology, engineering, and mathematics. 

24 (16) UNDERREPRESENTED POPULATIONS.— 

25 The term ‘‘underrepresented populations’’ means a 


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1 group of individuals (such as a group of individuals 

2 from the same gender or race), the members of 

3 which comprise fewer than 25 percent of the individ4 uals employed in occupations in energy-related in5 dustries. 

6 SEC. 12114. RENEWABLE ENERGY TRANSITION GRANT PRO7 GRAM. 

8 (a) IN GENERAL.—The Secretary of Energy, in co9 ordination with the Secretary of Labor, shall establish a 

10 grant program for local governments for the purpose of 

11 developing a plan to transition workers from employment 

12 in fossil fuel industries to employment in sustainable in13 dustries. 

14 (b) ELIGIBILITY.—The Secretary of Energy may 

15 award grants under subsection (a) to local governments— 

16 (1) that establish industry or sector partner17 ships (as defined in section 3 of the Workforce Inno18 vation and Opportunity Act (29 U.S.C. 3102)); 

19 (2) that are in localities that the Secretary of 

20 Energy determines to have a percentage of tradi21 tional energy sector jobs that is average or above av22 erage relative to the United States. 

23 (c) DETERMINATION OF PERCENTAGE OF TRADI24 TIONAL ENERGY SECTOR JOBS.—In making the deter25 mination under subsection (b)(2), the Secretary of Energy 


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1 shall take into consideration information from the report 

2 entitled ‘‘U.S. Energy and Employment Report’’ issued by 

3 the Secretary in January, 2017. 

4 (d) USE OF FUNDS.—Funds under subsection (a) 

5 may be used for the following purposes: 

6 (1) To develop a transition plan described in 

7 subsection (a). 

8 (2) To develop an apprenticeship program to 

9 train individuals employed in fossil fuel industries 

10 and individuals who are new to the workforce for 

11 jobs in sustainable industries. 

12 (e) TRANSITION PLAN REQUIREMENTS.—A transi13 tion plan funded under subsection (a) shall include a plan 

14 for unemployment insurance, job transition training, and 

15 community services for the communities affected by the 

16 transition. 

17 (f) AUTHORIZATION.—There are authorized to be ap18 propriated such sums as necessary to carry out this sec19 tion. 

20 SEC. 12115. ENERGY JOBS COUNCIL AND ANNUAL ENERGY 

21 EMPLOYMENT REPORT. 

22 (a) ENERGY JOBS COUNCIL.— 

23 (1) ESTABLISHMENT.—Not later than 90 days 

24 after the date of enactment of this Act, the Sec25 retary of Energy (referred to in this section as the 


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1 ‘‘Secretary’’) shall establish a council, to be known 

2 as the ‘‘Energy Jobs Council’’ (referred to in this 

3 section as the ‘‘Council’’). 

4 (2) MEMBERSHIP.—The Council shall be com5 prised of— 

6 (A) to be appointed by the Secretary— 

7 (i) one or more representatives of the 

8 Energy Information Administration; and 

9 (ii) one or more representatives of a 

10 State energy office that are serving as 

11 members of the State Energy Advisory 

12 Board established by section 365(g) of the 

13 Energy Policy and Conservation Act (42 

14 U.S.C. 6325(g)); 

15 (B) to be appointed by the Secretary of 

16 Commerce— 

17 (i) one or more representatives of the 

18 Department of Commerce; and 

19 (ii) one or more representatives of the 

20 Bureau of the Census; 

21 (C) one or more representatives of the Bu22 reau of Labor Statistics, to be appointed by the 

23 Secretary of Labor; and 

24 (D) one or more representatives of any 

25 other Federal agency the assistance of which is 


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1 required to carry out this Act, as determined by 

2 the Secretary, to be appointed by the head of 

3 the applicable agency. 

4 (b) SURVEY AND ANALYSIS.— 

5 (1) IN GENERAL.—The Council shall— 

6 (A) conduct a survey of employers in the 

7 energy, energy efficiency, renewable energy, and 

8 motor vehicle sectors of the economy of the 

9 United States; and 

10 (B) perform an analysis of the employment 

11 figures and demographics in those sectors, in12 cluding the number of personnel in each sector 

13 who devote a substantial portion of working 

14 hours, as determined by the Secretary, to com15 pliance matters. 

16 (2) METHODOLOGY.—In conducting the survey 

17 and analysis under paragraph (1), the Council shall 

18 employ a methodology that— 

19 (A) was approved in 2016 by the Office of 

20 Management and Budget for use in the docu21 ment entitled ‘‘OMB Control Number 1910– 

22 5179’’; 

23 (B) uses a representative, stratified sam24 pling of businesses in the United States; and 


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1 (C) is designed to elicit a comparable num2 ber of responses from businesses in each State 

3 and with the same North American Industry 

4 Classification System codes as were received for 

5 the 2016 and 2017 reports entitled ‘‘U.S. En6 ergy and Employment Report’’. 

7 (3) CONSULTATION.—In conducting the survey 

8 and analysis under paragraph (1), the Council shall 

9 consult with key stakeholders, including— 

10 (A) as the Council determines to be appro11 priate, the heads of relevant Federal agencies 

12 and offices, including— 

13 (i) the Secretary of Commerce; 

14 (ii) the Secretary of Transportation; 

15 (iii) the Director of the Bureau of the 

16 Census; 

17 (iv) the Commissioner of the Bureau 

18 of Labor Statistics; and 

19 (v) the Administrator of the Environ20 mental Protection Agency; 

21 (B) States; 

22 (C) the State Energy Advisory Board es23 tablished by section 365(g) of the Energy Pol24 icy and Conservation Act (42 U.S.C. 6325(g)); 

25 and 


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1 (D) energy industry trade associations. 

2 (c) REPORT.— 

3 (1) IN GENERAL.—Not later than 1 year after 

4 the date of enactment of this Act, and annually 

5 thereafter, the Secretary shall— 

6 (A) make publicly available on the website 

7 of the Department of Energy a report, to be en8 titled the ‘‘U.S. Energy and Employment Re9 port’’, describing the employment figures and 

10 demographics in the energy, energy efficiency, 

11 and motor vehicle sectors of the United States 

12 based on the survey and analysis conducted 

13 under subsection (b); and 

14 (B) subject to the requirements of the 

15 Confidential Information Protection and Statis16 tical Efficiency Act of 2002 (44 U.S.C. 3501 

17 note; Public Law 107–347), make the data col18 lected by the Council publicly available on the 

19 website of the Department of Energy. 

20 (2) CONTENTS.— 

21 (A) IN GENERAL.—The report under para22 graph (1) shall include employment figures and 

23 demographic data for— 

24 (i) the energy sector of the economy 

25 of the United States, including— 


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1 (I) the electric power generation 

2 and fuels sector; and 

3 (II) the transmission, storage, 

4 and distribution sector; 

5 (ii) the energy efficiency sector of the 

6 economy of the United States; and 

7 (iii) the motor vehicle sector of the 

8 economy of the United States. 

9 (B) INCLUSION.—With respect to each sec10 tor described in subparagraph (A), the report 

11 under paragraph (1) shall include employment 

12 figures and demographic data sorted by— 

13 (i) each technology, subtechnology, 

14 and fuel type of those sectors; and 

15 (ii) subject to the requirements of the 

16 Confidential Information Protection and 

17 Statistical Efficiency Act of 2002 (44 

18 U.S.C. 3501 note; Public Law 107–347)— 

19 (I) each State; 

20 (II) each territory of the United 

21 States; 

22 (III) the District of Columbia; 

23 and 

24 (IV) each county (or equivalent 

25 jurisdiction) in the United States. 


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1 PART 3—MEASURING GREEN COLLAR JOB 

2 DEVELOPMENT 

3 SEC. 12121. MEASURING GREEN JOBS. 

4 (a) IN GENERAL.—The Secretary of Labor, in con5 sultation with the Secretary of Energy, and acting through 

6 the Bureau of Labor Statistics, where appropriate, shall 

7 collect and analyze labor market data to track workforce 

8 trends resulting from renewable energy and energy effi9 ciency technology initiatives carried out under this section. 

10 Activities carried out under this section shall include the 

11 following: 

12 (1) Tracking and documentation of academic 

13 and occupational competencies as well as future skill 

14 needs with respect to renewable energy and energy 

15 efficiency technology. 

16 (2) Tracking and documentation of occupa17 tional information and workforce training data with 

18 respect to renewable energy and energy efficiency 

19 technology. 

20 (3) Collaborating with State agencies, workforce 

21 investments boards, industry, organized labor, and 

22 community and nonprofit organizations to dissemi23 nate information on successful innovations for labor 

24 market services and worker training with respect to 

25 renewable energy and energy efficiency technology. 


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1 (4) Serving as a clearinghouse for best practices 

2 in workforce development, job placement and col3 laborative training partnerships. 

4 (5) Encouraging the establishment of workforce 

5 training initiatives with respect to renewable energy 

6 and energy efficiency technologies. 

7 (6) Linking research and development in renew8 able energy and energy efficiency technology with 

9 the development of standards and curricula for cur10 rent and future jobs. 

11 (7) Assessing new employment and work prac12 tices including career ladder and upgrade training as 

13 well as high performance work systems. 

14 (8) Providing technical assistance and capacity 

15 building to national and State energy partnerships, 

16 including industry and labor representatives. 

17 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to carry out this section 

19 $10,000,000 for each fiscal years 2021 through 2025. 

20 PART 4—CLEAN ENERGY ECONOMY WORKFORCE 

21 SEC. 12131. CLEAN ENERGY ECONOMY WORKFORCE PRO22 GRAM. 

23 (a) DEFINITIONS.—In this section: 


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1 (1) COAL-RELATED FACILITY.—The term ‘‘coal2 related facility’’ includes a coal mine or coal-fueled 

3 electric generating facility. 

4 (2) COAL-RELATED GENERATING FACILITY.— 

5 The term ‘‘coal-related industrial facility’’ includes a 

6 facility in the manufacturing and transportation 

7 supply chains of a coal-related facility. 

8 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti9 ty’’ means a National Laboratory, business, or labor 

10 organization that demonstrates success in placing 

11 graduates of pre-apprenticeship or apprenticeship 

12 programs in jobs relevant to such programs and— 

13 (A) is directly involved with zero-emission 

14 electricity technology, energy efficiency, or other 

15 activity that results in a reduction in green16 house gas emissions, as determined by the Sec17 retary; 

18 (B) works on behalf of a business or labor 

19 organization that is directly involved with zero 

20 emission electricity technology, energy effi21 ciency, or other activity that results in a reduc22 tion in greenhouse gas emissions, as determined 

23 by the Secretary; 

24 (C) provides services related to— 


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1 (i) zero emission electricity technology 

2 deployment and maintenance and energy 

3 efficiency; 

4 (ii) grid modernization; or 

5 (iii) reduction in greenhouse gas emis6 sions through the use of zero-emission en7 ergy technologies; 

8 (D) has knowledge of technician workforce 

9 needs of a National Laboratory or covered facil10 ity of the National Nuclear security Administra11 tion and the associated security requirements of 

12 such laboratory or facility; 

13 (E) demonstrates experience in imple14 menting and operating apprenticeship programs 

15 or pre-apprenticeship programs that provide a 

16 direct pathway to an energy-related career; or 

17 (F) demonstrates success in placing grad18 uates of pre-apprenticeship or apprenticeship 

19 programs in jobs relevant to such programs. 

20 (4) ENERGY TRANSITION WORKER.—The term 

21 ‘‘Energy Transition Worker’’ means a worker, in22 cluding workers employed by contractors or sub23 contractors, terminated, laid off from employment, 

24 or whose work hours have been reduced, on or after 

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1 lated facility, coal-related industrial facility or other 

2 energy related entity. 

3 (5) NATIONAL LABORATORY.—The term ‘‘Na4 tional Laboratory’’ means any of the following lab5 oratories owned by the Department of Energy: 

6 (A) Ames Laboratory. 

7 (B) Argonne National Laboratory. 

8 (C) Brookhaven National Laboratory. 

9 (D) Fermi National Accelerator Labora10 tory. 

11 (E) Idaho National Laboratory. 

12 (F) Lawrence Berkeley National Labora13 tory. 

14 (G) Lawrence Livermore National Labora15 tory. 

16 (H) Los Alamos National Laboratory. 

17 (I) National Energy Technology Labora18 tory. 

19 (J) National Renewable Energy Labora20 tory. 

21 (K) Oak Ridge National Laboratory. 

22 (L) Pacific Northwest National Labora23 tory. 

24 (M) Princeton Plasma Physics Laboratory. 

25 (N) Sandia National Laboratories. 


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1 (O) Savannah River National Laboratory. 

2 (P) Stanford Linear Accelerator Center. 

3 (Q) Thomas Jefferson National Accel4 erator Facility. 

5 (6) PROGRAM.—The term ‘‘program’’ means 

6 the program established under subsection (b). 

7 (b) ESTABLISHMENT.—The Secretary of Energy, in 

8 consultation with the Secretary of Labor, shall establish 

9 a program to provide competitively awarded cost shared 

10 grants to eligible entities to pay for pre-apprenticeship 

11 training for individuals or on-the-job training of a new or 

12 existing employee— 

13 (1) to work in zero emission electricity genera14 tion, energy efficiency, or grid modernization; 

15 (2) to work otherwise on the reduction of green16 house gas emissions; or 

17 (3) to participate in a pre-apprenticeship pro18 gram that provides a direct pathway to an energy19 related career in construction through one or more 

20 apprenticeship programs. 

21 (c) GRANTS.— 

22 (1) IN GENERAL.—An eligible entity desiring a 

23 grant under the program shall submit to the Sec24 retary of Energy an application at such time, in 


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1 such manner, and containing such information a the 

2 Secretary of Energy may require. 

3 (2) PRIORITY FOR TARGETED COMMUNITIES.— 

4 In providing grants under the program, the Sec5 retary of Energy shall give priority to an eligible en6 tity that— 

7 (A) recruits employees— 

8 (i) from the 1 or more communities 

9 that are served by the eligible entity; and 

10 (ii) that are minorities, women, vet11 erans, individuals from Indian Tribes or 

12 Tribal organizations, or energy transition 

13 workers; 

14 (B) provides trainees with the opportunity 

15 to obtain real-world experience; or 

16 (C) has fewer than 100 employees; and 

17 (D) in the case of a pre-apprenticeship 

18 program, demonstrates— 

19 (i) a multi-year record of successfully 

20 recruiting energy transition workers, mi21 norities, women, and veterans for training 

22 and supporting such individuals to a suc23 cessful completion of a pre-apprenticeship 

24 program; and 


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1 (ii) a successful multi-year record of 

2 placing the majority of pre-apprenticeship 

3 program graduates into apprenticeship 

4 programs in the construction industry. 

5 (3) USE OF GRANT FOR FEDERAL SHARE.— 

6 (A) IN GENERAL.—An eligible entity shall 

7 use a grant received under the program to— 

8 (i) pay the Federal share of the cost 

9 of providing pre-apprenticeship training or 

10 on-the-job training for an individual, in ac11 cordance with subparagraph(B); or 

12 (ii) in the case of a pre-apprenticeship 

13 program— 

14 (I) recruiting minorities, women, 

15 and veterans for training; 

16 (II) supporting those individuals 

17 in the successful completion of the 

18 pre-apprenticeship program; and 

19 (III) carrying out any other ac20 tivity of the pre-apprenticeship pro21 gram, as determined to be appropriate 

22 by the Secretary of Labor, in con23 sultation with the Secretary. 


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1 (B) FEDERAL SHARE AMOUNT.—The Fed2 eral share described in subparagraph (A)(i) 

3 shall not exceed— 

4 (i) in the case of an eligible entity 

5 with 20 or fewer employees, 45 percent of 

6 the cost of on-the-job-training for an em7 ployee; 

8 (ii) in the case of an eligible entity 

9 with not fewer than 21 employees and not 

10 more than 99 employees, 37.5 percent of 

11 the cost of on-the-job-training for an em12 ployee; 

13 (iii) in the case of an eligible entity 

14 with not fewer than 100 employees, 20 

15 percent of the cost of on-the-job-training 

16 for an employee; and 

17 (iv) in the case of an eligible entity 

18 that administers a pre-apprenticeship pro19 gram, 75 percent of the cost of the pre-ap20 prenticeship program. 

21 (4) EMPLOYER PAYMENT OF NON-FEDERAL

22 SHARE.— 

23 (A) IN GENERAL.—The non-Federal share 

24 of the cost of providing on-the-job training for 

25 an employee under a grant received under the 


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1 program shall be paid in cash or in kind by the 

2 employer of the employee receiving the training 

3 or by a nonprofit organization. 

4 (B) INCLUSIONS.—The non-Federal share 

5 described in subparagraph (A) may include the 

6 amount of wages paid by the employer to the 

7 employee during the time that the employee is 

8 receiving on-the-job training, as fairly evaluated 

9 by the Secretary of Labor. 

10 (5) CONSTRUCTION.—In providing grants under 

11 the program for training, recruitment, and support 

12 relating to construction, eligible entities shall only 

13 include pre-apprenticeship programs that have an 

14 articulation agreement with one or more apprentice15 ship programs. 

16 (6) GRANT AMOUNT.—An eligible entity may 

17 not receive more than $1,000,000 per fiscal year in 

18 grant funds under the program. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated $25,000,000 to the Sec21 retary of Energy to carry out the program for each of the 

22 fiscal years 2021 through 2030. 


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1 Subtitle B—Buy American and 

2 Wage Rate Requirements 

3 SEC. 12201. USE OF AMERICAN IRON, STEEL, AND MANU4 FACTURED GOODS. 

5 (a) None of the funds made available pursuant to this 

6 Act, or provisions of law added or amended by this Act, 

7 may be used for a project for the construction, alteration, 

8 maintenance, or repair of a public building or public work 

9 unless all of the iron, steel, and manufactured goods used 

10 in the project are produced in the United States. 

11 (b) Subsection (a) shall not apply in any case or cat12 egory of cases in which the head of the Federal depart13 ment or agency involved finds that— 

14 (1) applying subsection (a) would be incon15 sistent with the public interest; 

16 (2) iron, steel, and the relevant manufactured 

17 goods are not produced in the United States in suffi18 cient and reasonably available quantities and of a 

19 satisfactory quality; or 

20 (3) inclusion of iron, steel, and manufactured 

21 goods produced in the United States will increase 

22 the cost of the overall project by more than 25 per23 cent. 

24 (c) If the head of a Federal department or agency 

25 determines that it is necessary to waive the application 


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1 of subsection (a) based on a finding under subsection (b), 

2 the head of the department or agency shall publish in the 

3 Federal Register a detailed written justification as to why 

4 the provision is being waived. 

5 (d) This section shall be applied in a manner con6 sistent with United States obligations under international 

7 agreements. 

8 SEC. 12202. WAGE RATE REQUIREMENTS. 

9 Notwithstanding any other provision of law and in 

10 a manner consistent with other provisions in this Act, all 

11 laborers and mechanics employed by contractors and sub12 contractors on projects funded directly by or assisted in 

13 whole or in part by and through the Federal Government 

14 pursuant to this Act, or provisions of law added or amend15 ed by this Act, shall be paid wages at rates not less than 

16 those prevailing on projects of a character similar in the 

17 locality as determined by the Secretary of Labor in accord18 ance with subchapter IV of chapter 31 of title 40, United 

19 States Code. With respect to the labor standards specified 

20 in this section, the Secretary of Labor shall have the au21 thority and functions set forth in Reorganization Plan 

22 Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and 

23 section 3145 of title 40, United States Code. 


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1 SEC. 12203. APPRENTICESHIPS. 

2 (a) IN GENERAL.—Any funds made available under 

3 this Act to fund an apprenticeship or pre-apprenticeship 

4 program shall only be used for, or provided to, apprentice5 ship and pre-apprenticeship programs as defined this sec6 tion, including any funds awarded for the purposes of 

7 grants, contracts, or cooperative agreements, or the devel8 opment, implementation, or administration of a program 

9 funded in whole or part by federal funds under this Act. 

10 (b) APPRENTICESHIP DEFINED.—In this Act, the 

11 term ‘‘apprenticeship’’ means an apprenticeship— 

12 (1) registered under the Act of August 16, 

13 1937 (commonly known as the ‘‘National Appren14 ticeship Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 

15 50 et seq.); and 

16 (2) that complies with the requirements of sub17 part A of part 29 of title 29, Code of Federal Regu18 lations, and part 30 of such title (as in effect on 

19 September 18, 2020). 

20 (c) PRE-APPRENTICESHIP DEFINED.—In this Act, 

21 the term ‘‘pre-apprenticeship’’ or ‘‘pre-apprenticeship pro22 gram’’ means a training model or program that— 

23 (1) is designed to prepare participants to enter 

24 an apprenticeship program; 


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1 (2) is carried out by a sponsor that has a writ2 ten agreement with 1 or more sponsors of appren3 ticeship programs; and 

4 (3) includes each of the following: 

5 (A) Training (including a curriculum for 

6 the training) aligned with industry standards 

7 related to an apprenticeship program and re8 viewed and approved annually by sponsors of 

9 the apprenticeship program that are parties to 

10 the written agreement, and that will prepare 

11 participants by teaching the skills and com12 petencies needed to enter 1 or more apprentice13 ship programs. 

14 (B) Hands-on training and theoretical edu15 cation for participants that does not displace a 

16 paid employee. 

17 (C) A formal agreement with a sponsor of 

18 an apprenticeship program that would enable 

19 participants who successfully complete the pre20 apprenticeship program— 

21 (i) to enter into the apprenticeship 

22 program if a place in the program is avail23 able and if the participant meets the quali24 fications of the apprenticeship program; 

25 and 


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1 (ii) to earn credits towards the ap2 prenticeship program. 

3 Subtitle C—Natural Resources 

4 SEC. 12301. OFFSHORE WIND CAREER TRAINING GRANT 

5 PROGRAM. 

6 (a) GRANTS AUTHORIZED.—Beginning 180 days 

7 after the date of the enactment of this section, the Sec8 retary may award offshore wind career training grants to 

9 eligible entities for the purpose of establishing or expand10 ing educational or career training programs that provide 

11 individuals in such programs skills and competencies nec12 essary for employment in the offshore wind industry. 

13 (b) ALLOCATION OF GRANTS.— 

14 (1) LIMITATION ON GRANT QUANTITY AND

15 SIZE.—An eligible entity may not be awarded— 

16 (A) more than one grant under this section 

17 for which the eligible entity is the lead appli18 cant; or 

19 (B) a grant under this section in excess of 

20 $2,500,000. 

21 (2) ALLOCATION TO COMMUNITY COLLEGES.— 

22 Not less than 25 percent of the total amount award23 ed under this section for a fiscal year shall be 

24 awarded to eligible entities that are community col25 leges. 


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1 (c) PARTNERSHIPS.—An eligible entity seeking to re2 ceive a grant under this section shall establish or partner 

3 with one or more of the following: 

4 (1) Another eligible entity (including an eligible 

5 entity that is a community college). 

6 (2) A State or local government agency respon7 sible for education, workforce development or off8 shore wind energy activities. 

9 (3) A qualified intermediary. 

10 (d) USE OF GRANT.—An eligible entity may use a 

11 grant awarded under this section for the following activi12 ties: 

13 (1) Occupational skills training, including cur14 riculum development and class-room instruction. 

15 (2) Safety and health training. 

16 (3) The provision of English language acquisi17 tion and employability skills. 

18 (4) Individual referral and tuition assistance for 

19 a community college training program. 

20 (5) Career pathway development or expansion 

21 for offshore wind industry occupations. 

22 (6) The development or expansion of work23 based learning or incumbent worker training pro24 grams aligned with career pathways in a field re25 lated to the offshore wind industry, such as paid inVerDate Sep 11 2014 00:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 01062 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.RFS H4447

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1 ternships, registered apprenticeships and programs 

2 articulating to an apprenticeship program, cus3 tomized training, or transitional jobs. 

4 (7) Curriculum development at the under-grad5 uate and postgraduate levels. 

6 (8) Development and support of offshore wind 

7 energy major, minor, or certificate programs. 

8 (9) Such other activities, as determined by the 

9 Secretary, to meet the purposes of this section. 

10 (e) GRANT PROPOSALS.— 

11 (1) SUBMISSION PROCEDURE FOR GRANT PRO12 POSALS.—An eligible entity seeking to receive a 

13 grant under this section shall submit a grant pro14 posal to the Secretary at such time, in such manner, 

15 and containing such information as the Secretary 

16 may require. 

17 (2) CONTENT OF GRANT PROPOSALS.—A grant 

18 proposal submitted to the Secretary under this sec19 tion shall include a detailed description of— 

20 (A) the specific project for which the grant 

21 proposal is submitted, including the manner in 

22 which the grant will be used to develop, offer, 

23 or improve an educational or career training 

24 program that will provide individuals in such 


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1 program the skills and competencies necessary 

2 for employment in the offshore wind industry; 

3 (B) any previous experience of the eligible 

4 entity in providing such educational or career 

5 training programs; 

6 (C) the extent to which such project will 

7 meet the educational or career training needs; 

8 (D) the quantitative data that dem9 onstrates the demand for employment for such 

10 program in the geographic area served by the 

11 eligible entity, including wages and benefits for 

12 such employment; 

13 (E) a description of the entities involved in 

14 the industry or sector partnership; and 

15 (F) a description of the activities the eligi16 ble entity will carry out. 

17 (f) CRITERIA FOR AWARD OF GRANTS.— 

18 (1) IN GENERAL.—Subject to appropriations, 

19 the Secretary shall award grants under this section 

20 based on an evaluation of— 

21 (A) the merits of the grant proposal; 

22 (B) the available or projected employment 

23 opportunities, including the projected wages 

24 and benefits, available to individuals who com25 plete the educational or career training program 


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1 that the eligible entity proposes to develop, 

2 offer, or improve; and 

3 (C) the availability and capacity of existing 

4 educational or career training programs in the 

5 community to meet future demand for such 

6 programs. 

7 (2) PRIORITY.—Priority in awarding grants 

8 under this section shall be given to an eligible entity 

9 that— 

10 (A) is— 

11 (i) an institution of higher education 

12 that has formed a partnership with a labor 

13 organization or joint-labor management or14 ganization; or 

15 (ii) a labor organization or joint-labor 

16 management organization that has formed 

17 a partnership with an institute of higher 

18 education; 

19 (B) has entered into a memorandum of un20 derstanding with one or more employers in the 

21 offshore wind industry to partner on the estab22 lishment or expansion of programs funded 

23 under this Act; 

24 (C) is located in an economically distressed 

25 area; 


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1 (D) serves a high number or high percent2 age of individuals who are— 

3 (i) dislocated workers (particularly 

4 workers dislocated from the offshore oil 

5 and gas, onshore fossil fuel, nuclear en6 ergy, or fishing industries); 

7 (ii) veterans, members of the reserve 

8 components of the Armed Forces, or 

9 former members of such reserve compo10 nents; 

11 (iii) unemployed, underemployed, or 

12 disconnected; 

13 (iv) individuals with barriers to em14 ployment; 

15 (v) in-school and out-of-school youth; 

16 or 

17 (vi) formerly incarcerated, adju18 dicated, nonviolent offenders; 

19 (E) an eligible entity that proposes to 

20 serve a high percentage or number of low-in21 come or minority students; or 

22 (F) demonstration of or established plans 

23 for the eligible entity to be included on the list 

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1 novation and Opportunity Act (29 U.S.C. 

2 3152(d)). 

3 (3) GEOGRAPHIC DISTRIBUTION.—The Sec4 retary shall, to the extent practicable, award grants 

5 under this section in a manner that provides for a 

6 reasonable geographic distribution, except that the 

7 Secretary shall not be required to award grants 

8 equally among different regions of the United 

9 States. 

10 (g) MATCHING REQUIREMENTS.—A grant awarded 

11 under this section may not be used to satisfy any non12 Federal funds matching requirement under any other pro13 vision of law. 

14 (h) GRANTEE DATA COLLECTION.— 

15 (1) IN GENERAL.—A grantee, with respect to 

16 the educational or career training program for which 

17 the grantee received a grant under this section, shall 

18 collect and report to the Secretary on an annual 

19 basis the following: 

20 (A) The number of participants enrolled in 

21 the educational or career training program. 

22 (B) The number of participants that have 

23 completed the educational or career training 

24 programing the last 12 months. 


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1 (C) The services received by such partici2 pants, including a description of training, edu3 cation, and supportive services. 

4 (D) The amount spent by the grantee per 

5 participant. 

6 (E) The percentage of job placement of 

7 participants in the offshore wind industry or re8 lated fields. 

9 (F) The percentage of employment reten10 tion— 

11 (i) if the eligible entity is not an insti12 tution of higher education, 1 year after 

13 completion of the educational or career 

14 training program; or 

15 (ii) if the eligible entity is an institu16 tion of higher education, 1 year after com17 pletion of the educational or career train18 ing program or 1 year after the participant 

19 is no longer enrolled in such institution of 

20 higher education, whichever is later. 

21 (G) The percentage of program partici22 pants who obtain a recognized postsecondary 

23 credential, or a secondary school diploma or its 

24 recognized equivalent during participation in or 

25 within 1 year after exit from the program. 


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1 (2) DISAGGREGATION OF DATA.—The data col2 lected and reported under this subsection shall be 

3 disaggregated by each population specified in section 

4 3(24) of the Workforce Innovation and Opportunity 

5 Act (29 U.S.C. 3102(24)) and by race, ethnicity, 

6 sex, and age. 

7 (3) ASSISTANCE FROM SECRETARY.—The Sec8 retary shall assist grantees in the collection of data 

9 under this subsection by making available, where 

10 practicable, low-cost means of tracking the labor 

11 market outcomes of participants (including through 

12 coordination with the Secretary of Labor) and by 

13 providing standardized reporting forms, where ap14 propriate. The Secretary shall provide technical as15 sistance and oversight to assist the eligible entities 

16 in applying for and administering grants. 

17 (j) GUIDELINES.—Not later than 90 days after the 

18 date of the enactment of this section, the Secretary shall— 

19 (1) promulgate guidelines for the submission of 

20 grant proposals; and 

21 (2) publish and maintain such guidelines on a 

22 public website of the Secretary. 

23 (k) REPORTING REQUIREMENT.—Not later than 18 

24 months after the date of the enactment of this section, 

25 and every 2 years thereafter, the Secretary shall submit 


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1 a report to the Committee on Natural Resources of the 

2 House of Representatives, the Committee on Energy and 

3 Natural Resources of the Senate, the Committee on Edu4 cation and Labor of the House of Representatives, and 

5 the Committee on Health, Education, Labor, and Pen6 sions of the Senate on the grant program established by 

7 this section. The report shall include a description of the 

8 grantees and the activities for which grantees used a grant 

9 awarded under this section. 

10 (l) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated for purposes of this sec12 tion $25,000,000 for each of fiscal years 2021 through 

13 2025. The Secretary may use not more than 2 percent 

14 of the amount appropriated for each fiscal year for admin15 istrative expenses, including the expenses of providing the 

16 technical assistance and oversight activities. 

17 (m) DEFINITIONS.—In this section: 

18 (1) COMMUNITY COLLEGE.—The term ‘‘commu19 nity college’’ has the meaning given the term ‘‘junior 

20 or community college’’ in section 312(f) of the High21 er Education Act of 1965 (20 U.S.C. 1058(f)). 

22 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti23 ty’’ means an entity that is— 


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1 (A) an institution of higher education, as 

2 such term is defined in section 101 of the High3 er Education Act of 1965 (20 U.S.C. 1001)); or 

4 (B) a labor organization or a joint labor 

5 management organization. 

6 (3) GRANTEE.—The term ‘‘grantee’’ means an 

7 eligible entity that has received a grant under this 

8 section. 

9 (4) LEAD APPLICANT.—The term ‘‘lead appli10 cant’’ means the eligible entity that is primarily re11 sponsible for the preparation, conduct, and adminis12 tration of the project for which the grant was award13 ed. 

14 (5) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior, in consultation with 

16 the Secretary of Energy, the Secretary of Education, 

17 and the Secretary of Labor. 

18 (6) CARL D. PERKINS CAREER AND TECHNICAL

19 EDUCATION ACT TERMS.—The terms ‘‘area career 

20 and technical education school’’, ‘‘qualified inter21 mediary’’, ‘‘Tribal educational agency’’, and ‘‘work22 based learning’’ have the meanings given the terms 

23 in section 3 of the Carl D. Perkins Career and Tech24 nical Education Act of 2006 (20 U.S.C. 2302). 


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1 (7) WORKFORCE INNOVATION AND OPPOR2 TUNITY ACT TERMS.—The terms ‘‘career pathway’’, 

3 ‘‘dislocated worker’’, ‘‘English language acquisition’’, 

4 ‘‘in-school youth’’, ‘‘individuals with barriers to em5 ployment’’, ‘‘industry or sector partnership’’, ‘‘on6 the-job training’’, ‘‘out-of-school youth’’, ‘‘recognized 

7 postsecondary credential’’, ‘‘supportive services’’, 

8 have the meanings given the terms in section 3 of 

9 the Workforce Innovation and Opportunity Act (29 

10 U.S.C. 3102). 

11 SEC. 12302. DATA PRESERVATION. 

12 Subsection (k) of the National Geological and Geo13 physical Data Preservation Program Act of 2005 (42 

14 U.S.C. 15908(k)) is amended by striking ‘‘2006 through 

15 2010’’ and inserting ‘‘2021 through 2025’’. 

16 SEC. 12303. EXTENSION OF AUTHORITY FOR NON-OIL AND 

17 GAS OPERATIONS ON THE OUTER CONTI18 NENTAL SHELF. 

19 Section 4(a)(1) of the Outer Continental Shelf Lands 

20 Act (43 U.S.C. 1333(a)(1)) is amended to read as follows: 

21 ‘‘(1) JURISDICTION OF THE UNITED STATES ON

22 THE OUTER CONTINENTAL SHELF.— 

23 ‘‘(A) IN GENERAL.—The Constitution and 

24 laws and civil and political jurisdiction of the 

25 United States are extended, to the same extent 


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1 as if the outer Continental Shelf were an area 

2 of exclusive Federal jurisdiction located within 

3 a State, to— 

4 ‘‘(i) the subsoil and seabed of the 

5 outer Continental Shelf; 

6 ‘‘(ii) all artificial islands on the outer 

7 Continental Shelf; 

8 ‘‘(iii) all installations and other de9 vices permanently or temporarily attached 

10 to the seabed, which may be erected there11 on for the purpose of exploring for, devel12 oping, or producing resources therefrom or 

13 producing or supporting the production of 

14 energy from sources other than oil and 

15 gas; and 

16 ‘‘(iv) any such installation or other 

17 device (other than a ship or vessel) for the 

18 purpose of transporting such resources or 

19 transmitting energy. 

20 ‘‘(B) LEASES ISSUED EXCLUSIVELY

21 UNDER THIS ACT.—Mineral or energy leases on 

22 the outer Continental Shelf shall be maintained 

23 or issued only under the provisions of this 

24 Act.’’. 


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1 Subtitle D—Clean Energy and 

2 Sustainability Accelerator 

3 SEC. 12401. CLEAN ENERGY AND SUSTAINABILITY ACCEL4 ERATOR. 

5 Title XVI of the Energy Policy Act of 2005 (Public 

6 Law 109–58, as amended) is amended by adding at the 

7 end the following new subtitle: 

8 ‘‘Subtitle C—Clean Energy and 

9 Sustainability Accelerator 

10 ‘‘SEC. 1621. DEFINITIONS. 

11 ‘‘In this subtitle: 

12 ‘‘(1) ACCELERATOR.—The term ‘Accelerator’ 

13 means the Clean Energy and Sustainability Accel14 erator established under section 1622. 

15 ‘‘(2) BOARD.—The term ‘Board’ means the 

16 Board of Directors of the Accelerator. 

17 ‘‘(3) CHIEF EXECUTIVE OFFICER.—The term 

18 ‘chief executive officer’ means the chief executive of19 ficer of the Accelerator. 

20 ‘‘(4) CLIMATE-IMPACTED COMMUNITIES.—The 

21 term ‘climate-impacted communities’ includes— 

22 ‘‘(A) communities of color, which include 

23 any geographically distinct area the population 

24 of color of which is higher than the average 


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1 population of color of the State in which the 

2 community is located; 

3 ‘‘(B) communities that are already or are 

4 likely to be the first communities to feel the di5 rect negative effects of climate change; 

6 ‘‘(C) distressed neighborhoods, dem7 onstrated by indicators of need, including pov8 erty, childhood obesity rates, academic failure, 

9 and rates of juvenile delinquency, adjudication, 

10 or incarceration; 

11 ‘‘(D) low-income communities, defined as 

12 any census block group in which 30 percent or 

13 more of the population are individuals with low 

14 income; 

15 ‘‘(E) low-income households, defined as a 

16 household with annual income equal to, or less 

17 than, the greater of— 

18 ‘‘(i) an amount equal to 80 percent of 

19 the median income of the area in which the 

20 household is located, as reported by the 

21 Department of Housing and Urban Devel22 opment; and 

23 ‘‘(ii) 200 percent of the Federal pov24 erty line; and 


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1 ‘‘(F) rural areas, which include any area 

2 other than— 

3 ‘‘(i) a city or town that has a popu4 lation of greater than 50,000 inhabitants; 

5 and 

6 ‘‘(ii) any urbanized area contiguous 

7 and adjacent to a city or town described in 

8 clause (i). 

9 ‘‘(5) CLIMATE RESILIENT INFRASTRUCTURE.— 

10 The term ‘climate resilient infrastructure’ means 

11 any project that builds or enhances infrastructure so 

12 that such infrastructure— 

13 ‘‘(A) is planned, designed, and operated in 

14 a way that anticipates, prepares for, and adapts 

15 to changing climate conditions; and 

16 ‘‘(B) can withstand, respond to, and re17 cover rapidly from disruptions caused by these 

18 climate conditions. 

19 ‘‘(6) ELECTRIFICATION.—The term ‘electrifica20 tion’ means the installation, construction, or use of 

21 end-use electric technology that replaces existing fos22 sil-fuel-based technology. 

23 ‘‘(7) ENERGY EFFICIENCY.—The term ‘energy 

24 efficiency’ means any project, technology, function, 

25 or measure that results in the reduction of energy 


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1 use required to achieve the same level of service or 

2 output prior to the application of such project, tech3 nology, function, or measure, or substantially re4 duces greenhouse gas emissions relative to emissions 

5 that would have occurred prior to the application of 

6 such project, technology, function, or measure. 

7 ‘‘(8) FUEL SWITCHING.—The term ‘fuel switch8 ing’ means any project that replaces a fossil-fuel9 based heating system with an electric-powered sys10 tem or one powered by biomass-generated heat. 

11 ‘‘(9) GREEN BANK.—The term ‘green bank’ 

12 means a dedicated public or nonprofit specialized fi13 nance entity that— 

14 ‘‘(A) is designed to drive private capital 

15 into market gaps for low- and zero-emission 

16 goods and services; 

17 ‘‘(B) uses finance tools to mitigate climate 

18 change; 

19 ‘‘(C) does not take deposits; 

20 ‘‘(D) is funded by government, public, pri21 vate, or charitable contributions; and 

22 ‘‘(E) invests or finances projects— 

23 ‘‘(i) alone; or 

24 ‘‘(ii) in conjunction with other inves25 tors. 


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1 ‘‘(10) QUALIFIED PROJECTS.—The term ‘quali2 fied projects’ means the following kinds of tech3 nologies and activities that are eligible for financing 

4 and investment from the Clean Energy and Sustain5 ability Accelerator, either directly or through State 

6 and local green banks funded by the Clean Energy 

7 and Sustainability Accelerator: 

8 ‘‘(A) Renewable energy generation, includ9 ing the following: 

10 ‘‘(i) Solar. 

11 ‘‘(ii) Wind. 

12 ‘‘(iii) Geothermal. 

13 ‘‘(iv) Hydropower. 

14 ‘‘(v) Ocean and hydrokinetic. 

15 ‘‘(vi) Fuel cell. 

16 ‘‘(B) Building energy efficiency, fuel 

17 switching, and electrification. 

18 ‘‘(C) Industrial decarbonization. 

19 ‘‘(D) Grid technology such as trans20 mission, distribution, and storage to support 

21 clean energy distribution, including smart-grid 

22 applications. 

23 ‘‘(E) Agriculture and forestry projects that 

24 reduce net greenhouse gas emissions. 


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1 ‘‘(F) Clean transportation, including the 

2 following: 

3 ‘‘(i) Battery electric vehicles. 

4 ‘‘(ii) Plug-in hybrid electric vehicles. 

5 ‘‘(iii) Hydrogen vehicles. 

6 ‘‘(iv) Other zero-emissions fueled vehi7 cles. 

8 ‘‘(v) Related vehicle charging and 

9 fueling infrastructure. 

10 ‘‘(G) Climate resilient infrastructure. 

11 ‘‘(H) Any other key areas identified by the 

12 Board as consistent with the mandate of the 

13 Accelerator as described in section 1623. 

14 ‘‘(11) RENEWABLE ENERGY GENERATION.— 

15 The term ‘renewable energy generation’ means elec16 tricity created by sources that are continually replen17 ished by nature, such as the sun, wind, and water. 

18 ‘‘SEC. 1622. ESTABLISHMENT. 

19 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

20 date of enactment of this subtitle, there shall be estab21 lished a nonprofit corporation to be known as the ‘Clean 

22 Energy and Sustainability Accelerator’. 

23 ‘‘(b) LIMITATION.—The Accelerator shall not be an 

24 agency or instrumentality of the Federal Government. 


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1 ‘‘(c) FULL FAITH AND CREDIT.—The full faith and 

2 credit of the United States shall not extend to the Accel3 erator. 

4 ‘‘(d) NONPROFIT STATUS.—The Accelerator shall 

5 maintain its status as an organization exempt from tax6 ation under the Internal Revenue Code of 1986 (26 U.S.C. 

7 1 et seq.). 

8 ‘‘SEC. 1623. MANDATE. 

9 ‘‘The Accelerator shall make the United States a 

10 world leader in combating the causes and effects of climate 

11 change through the rapid deployment of mature tech12 nologies and scaling of new technologies by maximizing 

13 the reduction of emissions in the United States for every 

14 dollar deployed by the Accelerator, including by— 

15 ‘‘(1) providing financing support for invest16 ments in the United States in low- and zero-emis17 sions technologies and processes in order to rapidly 

18 accelerate market penetration; 

19 ‘‘(2) catalyzing and mobilizing private capital 

20 through Federal investment and supporting a more 

21 robust marketplace for clean technologies, while 

22 avoiding competition with private investment; 

23 ‘‘(3) enabling climate-impacted communities to 

24 benefit from and afford projects and investments 

25 that reduce emissions; 


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1 ‘‘(4) providing support for workers and commu2 nities impacted by the transition to a low-carbon 

3 economy; 

4 ‘‘(5) supporting the creation of green banks 

5 within the United States where green banks do not 

6 exist; and 

7 ‘‘(6) causing the rapid transition to a clean en8 ergy economy without raising energy costs to end 

9 users and seeking to lower costs where possible. 

10 ‘‘SEC. 1624. FINANCE AND INVESTMENT DIVISION. 

11 ‘‘(a) IN GENERAL.—There shall be within the Accel12 erator a finance and investment division, which shall be 

13 responsible for— 

14 ‘‘(1) the Accelerator’s greenhouse gas emissions 

15 mitigation efforts by directly financing qualifying 

16 projects or doing so indirectly by providing capital to 

17 State and local green banks; 

18 ‘‘(2) originating, evaluating, underwriting, and 

19 closing the Accelerator’s financing and investment 

20 transactions in qualified projects; 

21 ‘‘(3) partnering with private capital providers 

22 and capital markets to attract coinvestment from 

23 private banks, investors, and others in order to drive 

24 new investment into underpenetrated markets, to in25 crease the efficiency of private capital markets with 


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1 respect to investing in greenhouse gas reduction 

2 projects, and to increase total investment caused by 

3 the Accelerator; 

4 ‘‘(4) managing the Accelerator’s portfolio of as5 sets to ensure performance and monitor risk; 

6 ‘‘(5) ensuring appropriate debt and risk mitiga7 tion products are offered; and 

8 ‘‘(6) overseeing prudent, noncontrolling equity 

9 investments. 

10 ‘‘(b) PRODUCTS AND INVESTMENT TYPES.—The fi11 nance and investment division of the Accelerator may pro12 vide capital to qualified projects in the form of— 

13 ‘‘(1) senior, mezzanine, and subordinated debt; 

14 ‘‘(2) credit enhancements including loan loss re15 serves and loan guarantees; 

16 ‘‘(3) aggregation and warehousing; 

17 ‘‘(4) equity capital; and 

18 ‘‘(5) any other financial product approved by 

19 the Board. 

20 ‘‘(c) STATE AND LOCAL GREEN BANK CAPITALIZA21 TION.—The finance and investment division of the Accel22 erator shall make capital available to State and local green 

23 banks to enable such banks to finance qualifying projects 

24 in their markets that are better served by a locally based 


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1 entity, rather than through direct investment by the Accel2 erator. 

3 ‘‘(d) INVESTMENT COMMITTEE.—The debt, risk miti4 gation, and equity investments made by the Accelerator 

5 shall be— 

6 ‘‘(1) approved by the investment committee of 

7 the Board; and 

8 ‘‘(2) consistent with an investment policy that 

9 has been established by the investment committee of 

10 the Board in consultation with the risk management 

11 committee of the Board. 

12 ‘‘SEC. 1625. START-UP DIVISION. 

13 ‘‘There shall be within the Accelerator a Start-up Di14 vision, which shall be responsible for providing technical 

15 assistance and start-up funding to States and other polit16 ical subdivisions that do not have green banks to establish 

17 green banks in those States and political subdivisions, in18 cluding by working with relevant stakeholders in those 

19 States and political subdivisions. 

20 ‘‘SEC. 1626. ZERO-EMISSIONS FLEET AND RELATED INFRA21 STRUCTURE FINANCING PROGRAM. 

22 ‘‘Not later than 1 year after the date of establishment 

23 of the Accelerator, the Accelerator shall explore the estab24 lishment of a program to provide low- and zero-interest 

25 loans, up to 30 years in length, to any school, metropolitan 


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1 planning organization, or nonprofit organization seeking 

2 financing for the acquisition of zero-emissions vehicle 

3 fleets or associated infrastructure to support zero-emis4 sions vehicle fleets. 

5 ‘‘SEC. 1627. PROJECT PRIORITIZATION AND REQUIRE6 MENTS. 

7 ‘‘(a) EMISSIONS REDUCTION MANDATE.—In invest8 ing in projects that mitigate greenhouse gas emissions, the 

9 Accelerator shall maximize the reduction of emissions in 

10 the United States for every dollar deployed by the Accel11 erator. 

12 ‘‘(b) ENVIRONMENTAL JUSTICE PRIORITIZATION.— 

13 ‘‘(1) IN GENERAL.—In order to address envi14 ronmental justice needs, the Accelerator shall, as ap15 plicable, prioritize the provision of program benefits 

16 and investment activity that are expected to directly 

17 or indirectly result in the deployment of projects to 

18 serve, as a matter of official policy, climate-impacted 

19 communities. 

20 ‘‘(2) MINIMUM PERCENTAGE.—The Accelerator 

21 shall ensure that over the 30-year period of its char22 ter 20 percent of its investment activity is directed 

23 to serve climate-impacted communities. 

24 ‘‘(c) CONSUMER PROTECTION.— 


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1 ‘‘(1) PRIORITIZATION.—Consistent with man2 date under section 1623 to maximize the reduction 

3 of emissions in the United States for every dollar de4 ployed by the Accelerator, the Accelerator shall 

5 prioritize qualified projects according to benefits 

6 conferred on consumers and affected communities. 

7 ‘‘(2) CONSUMER CREDIT PROTECTION.—The 

8 Accelerator shall ensure that any residential energy 

9 efficiency or distributed clean energy project in 

10 which the Accelerator invests directly or indirectly 

11 complies with the requirements of the Consumer 

12 Credit Protection Act (15 U.S.C. 1601 et seq.), in13 cluding, in the case of a financial product that is a 

14 residential mortgage loan, any requirements of title 

15 I of that Act relating to residential mortgage loans 

16 (including any regulations promulgated by the Bu17 reau of Consumer Financial Protection under sec18 tion 129C(b)(3)(C) of that Act (15 U.S.C. 

19 1639c(b)(3)(C))). 

20 ‘‘(d) LABOR.— 

21 ‘‘(1) IN GENERAL.—The Accelerator shall en22 sure that laborers and mechanics employed by con23 tractors and subcontractors in construction work fi24 nanced directly by the Accelerator will be paid wages 

25 not less than those prevailing on similar construction 


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1 in the locality, as determined by the Secretary of 

2 Labor under sections 3141 through 3144, 3146, and 

3 3147 of title 40, United States Code. 

4 ‘‘(2) PROJECT LABOR AGREEMENT.—The Accel5 erator shall ensure that projects financed directly by 

6 the Accelerator with total capital costs of 

7 $100,000,000 or greater utilize a project labor 

8 agreement. 

9 ‘‘SEC. 1628. BOARD OF DIRECTORS. 

10 ‘‘(a) IN GENERAL.—The Accelerator shall operate 

11 under the direction of a Board of Directors, which shall 

12 be composed of seven members. 

13 ‘‘(b) INITIAL COMPOSITION AND TERMS.— 

14 ‘‘(1) SELECTION.—The initial members of the 

15 Board shall be selected as follows: 

16 ‘‘(A) APPOINTED MEMBERS.—Three mem17 bers shall be appointed by the President, with 

18 the advice and consent of the Senate, of whom 

19 no more than two shall belong to the same po20 litical party. 

21 ‘‘(B) ELECTED MEMBERS.—Four members 

22 shall be elected unanimously by the three mem23 bers appointed and confirmed pursuant to sub24 paragraph (A). 


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1 ‘‘(2) TERMS.—The terms of the initial members 

2 of the Board shall be as follows: 

3 ‘‘(A) The three members appointed and 

4 confirmed under paragraph (1)(A) shall have 

5 initial 5-year terms. 

6 ‘‘(B) Of the four members elected under 

7 paragraph (1)(B), two shall have initial 3-year 

8 terms, and two shall have initial 4-year terms. 

9 ‘‘(c) SUBSEQUENT COMPOSITION AND TERMS.— 

10 ‘‘(1) SELECTION.—Except for the selection of 

11 the initial members of the Board for their initial 

12 terms under subsection (b), the members of the 

13 Board shall be elected by the members of the Board. 

14 ‘‘(2) DISQUALIFICATION.—A member of the 

15 Board shall be disqualified from voting for any posi16 tion on the Board for which such member is a can17 didate. 

18 ‘‘(3) TERMS.—All members elected pursuant to 

19 paragraph (1) shall have a term of 5 years. 

20 ‘‘(d) QUALIFICATIONS.—The members of the Board 

21 shall collectively have expertise in— 

22 ‘‘(1) the fields of clean energy, electric utilities, 

23 industrial decarbonization, clean transportation, re24 siliency, and agriculture and forestry practices; 

25 ‘‘(2) climate change science; 


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1 ‘‘(3) finance and investments; and 

2 ‘‘(4) environmental justice and matters related 

3 to the energy and environmental needs of climate4 impacted communities. 

5 ‘‘(e) RESTRICTION ON MEMBERSHIP.—No officer or 

6 employee of the Federal or any other level of government 

7 may be appointed or elected as a member of the Board. 

8 ‘‘(f) QUORUM.—Five members of the Board shall 

9 constitute a quorum. 

10 ‘‘(g) BYLAWS.— 

11 ‘‘(1) IN GENERAL.—The Board shall adopt, and 

12 may amend, such bylaws as are necessary for the 

13 proper management and functioning of the Accel14 erator. 

15 ‘‘(2) OFFICERS.—In the bylaws described in 

16 paragraph (1), the Board shall— 

17 ‘‘(A) designate the officers of the Accel18 erator; and 

19 ‘‘(B) prescribe the duties of those officers. 

20 ‘‘(h) VACANCIES.—Any vacancy on the Board shall 

21 be filled through election by the Board. 

22 ‘‘(i) INTERIM APPOINTMENTS.—A member elected to 

23 fill a vacancy occurring before the expiration of the term 

24 for which the predecessor of that member was appointed 

25 or elected shall serve for the remainder of the term for 


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1 which the predecessor of that member was appointed or 

2 elected. 

3 ‘‘(j) REAPPOINTMENT.—A member of the Board may 

4 be elected for not more than one additional term of service 

5 as a member of the Board. 

6 ‘‘(k) CONTINUATION OF SERVICE.—A member of the 

7 Board whose term has expired may continue to serve on 

8 the Board until the date on which a successor member 

9 is elected. 

10 ‘‘(l) CHIEF EXECUTIVE OFFICER.—The Board shall 

11 appoint a chief executive officer who shall be responsible 

12 for— 

13 ‘‘(1) hiring employees of the Accelerator; 

14 ‘‘(2) establishing the two divisions of the Accel15 erator described in sections 1624 and 1625; and 

16 ‘‘(3) performing any other tasks necessary for 

17 the day-to-day operations of the Accelerator. 

18 ‘‘(m) ADVISORY COMMITTEE.— 

19 ‘‘(1) ESTABLISHMENT.—The Accelerator shall 

20 establish an advisory committee (in this subsection 

21 referred to as the ‘advisory committee’), which shall 

22 be composed of not more than 13 members ap23 pointed by the Board on the recommendation of the 

24 president of the Accelerator. 


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1 ‘‘(2) MEMBERS.—Members of the advisory com2 mittee shall be broadly representative of interests 

3 concerned with the environment, production, com4 merce, finance, agriculture, forestry, labor, services, 

5 and State Government. Of such members— 

6 ‘‘(A) not fewer than three shall be rep7 resentatives of the small business community; 

8 ‘‘(B) not fewer than two shall be rep9 resentatives of the labor community, except that 

10 no two members may be from the same labor 

11 union; 

12 ‘‘(C) not fewer than two shall be represent13 atives of the environmental nongovernmental 

14 organization community, except that no two 

15 members may be from the same environmental 

16 organization; 

17 ‘‘(D) not fewer than two shall be rep18 resentatives of the environmental justice non19 governmental organization community, except 

20 that no two members may be from the same en21 vironmental organization; 

22 ‘‘(E) not fewer than two shall be rep23 resentatives of the consumer protection and fair 

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1 bers may be from the same consumer protection 

2 or fair lending organization; and 

3 ‘‘(F) not fewer than two shall be represent4 atives of the financial services industry with 

5 knowledge of and experience in financing trans6 actions for clean energy and other sustainable 

7 infrastructure assets. 

8 ‘‘(3) MEETINGS.—The advisory committee shall 

9 meet not less frequently than once each quarter. 

10 ‘‘(4) DUTIES.—The advisory committee shall— 

11 ‘‘(A) advise the Accelerator on the pro12 grams undertaken by the Accelerator; and 

13 ‘‘(B) submit to the Congress an annual re14 port with comments from the advisory com15 mittee on the extent to which the Accelerator is 

16 meeting the mandate described in section 1623, 

17 including any suggestions for improvement. 

18 ‘‘(n) CHIEF RISK OFFICER.— 

19 ‘‘(1) APPOINTMENT.—Subject to the approval 

20 of the Board, the chief executive officer shall appoint 

21 a chief risk officer from among individuals with ex22 perience at a senior level in financial risk manage23 ment, who— 

24 ‘‘(A) shall report directly to the Board; 

25 and 


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1 ‘‘(B) shall be removable only by a majority 

2 vote of the Board. 

3 ‘‘(2) DUTIES.—The chief risk officer, in coordi4 nation with the risk management and audit commit5 tees established under section 1631, shall develop, 

6 implement, and manage a comprehensive process for 

7 identifying, assessing, monitoring, and limiting risks 

8 to the Accelerator, including the overall portfolio di9 versification of the Accelerator. 

10 ‘‘SEC. 1629. ADMINISTRATION. 

11 ‘‘(a) CAPITALIZATION.— 

12 ‘‘(1) IN GENERAL.—To the extent and in the 

13 amounts provided in advance in appropriations Acts, 

14 the Secretary of Energy shall transfer to the Accel15 erator— 

16 ‘‘(A) $10,000,000,000 on the date on 

17 which the Accelerator is established under sec18 tion 1622; and 

19 ‘‘(B) $2,000,000,000 on October 1 of each 

20 of the 5 fiscal years following that date. 

21 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

22 For purposes of the transfers under paragraph (1), 

23 there are authorized to be appropriated— 


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1 ‘‘(A) $10,000,000,000 for the fiscal year in 

2 which the Accelerator is established under sec3 tion 1622; and 

4 ‘‘(B) $2,000,000,000 for each of the 5 suc5 ceeding fiscal years. 

6 ‘‘(b) CHARTER.—The Accelerator shall establish a 

7 charter, the term of which shall be 30 years. 

8 ‘‘(c) OPERATIONAL FUNDS.—To sustain operations, 

9 the Accelerator shall manage revenue from financing fees, 

10 interest, repaid loans, and other types of funding. 

11 ‘‘(d) REPORT.—The Accelerator shall submit on a 

12 quarterly basis to the relevant committees of Congress a 

13 report that describes the financial activities, emissions re14 ductions, and private capital mobilization metrics of the 

15 Accelerator for the previous quarter. 

16 ‘‘(e) RESTRICTION.—The Accelerator shall not accept 

17 deposits. 

18 ‘‘(f) COMMITTEES.—The Board shall establish com19 mittees and subcommittees, including— 

20 ‘‘(1) an investment committee; and 

21 ‘‘(2) in accordance with section 1630— 

22 ‘‘(A) a risk management committee; and 

23 ‘‘(B) an audit committee. 


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1 ‘‘SEC. 1630. ESTABLISHMENT OF RISK MANAGEMENT COM2 MITTEE AND AUDIT COMMITTEE. 

3 ‘‘(a) IN GENERAL.—To assist the Board in fulfilling 

4 the duties and responsibilities of the Board under this sub5 title, the Board shall establish a risk management com6 mittee and an audit committee. 

7 ‘‘(b) DUTIES AND RESPONSIBILITIES OF RISK MAN8 AGEMENT COMMITTEE.—Subject to the direction of the 

9 Board, the risk management committee established under 

10 subsection (a) shall establish policies for and have over11 sight responsibility for— 

12 ‘‘(1) formulating the risk management policies 

13 of the operations of the Accelerator; 

14 ‘‘(2) reviewing and providing guidance on oper15 ation of the global risk management framework of 

16 the Accelerator; 

17 ‘‘(3) developing policies for— 

18 ‘‘(A) investment; 

19 ‘‘(B) enterprise risk management; 

20 ‘‘(C) monitoring; and 

21 ‘‘(D) management of strategic, 

22 reputational, regulatory, operational, develop23 mental, environmental, social, and financial 

24 risks; and 

25 ‘‘(4) developing the risk profile of the Accel26 erator, including— 


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1 ‘‘(A) a risk management and compliance 

2 framework; and 

3 ‘‘(B) a governance structure to support 

4 that framework. 

5 ‘‘(c) DUTIES AND RESPONSIBILITIES OF AUDIT COM6 MITTEE.—Subject to the direction of the Board, the audit 

7 committee established under subsection (a) shall have 

8 oversight responsibility for— 

9 ‘‘(1) the integrity of— 

10 ‘‘(A) the financial reporting of the Accel11 erator; and 

12 ‘‘(B) the systems of internal controls re13 garding finance and accounting; 

14 ‘‘(2) the integrity of the financial statements of 

15 the Accelerator; 

16 ‘‘(3) the performance of the internal audit func17 tion of the Accelerator; and 

18 ‘‘(4) compliance with the legal and regulatory 

19 requirements related to the finances of the Accel20 erator. 

21 ‘‘SEC. 1631. OVERSIGHT. 

22 ‘‘(a) EXTERNAL OVERSIGHT.—The inspector general 

23 of the Department of Energy shall have oversight respon24 sibilities over the Accelerator. 

25 ‘‘(b) REPORTS AND AUDIT.— 


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1 ‘‘(1) ANNUAL REPORT.—The Accelerator shall 

2 publish an annual report which shall be transmitted 

3 by the Accelerator to the President and the Con4 gress. 

5 ‘‘(2) ANNUAL AUDIT OF ACCOUNTS.—The ac6 counts of the Accelerator shall be audited annually. 

7 Such audits shall be conducted in accordance with 

8 generally accepted auditing standards by inde9 pendent certified public accountants who are cer10 tified by a regulatory authority of the jurisdiction in 

11 which the audit is undertaken. 

12 ‘‘(3) ADDITIONAL AUDITS.—In addition to the 

13 annual audits under paragraph (2), the financial 

14 transactions of the Accelerator for any fiscal year 

15 during which Federal funds are available to finance 

16 any portion of its operations may be audited by the 

17 Government Accountability Office in accordance with 

18 such rules and regulations as may be prescribed by 

19 the Comptroller General of the United States. 

20 ‘‘SEC. 1632. MAXIMUM CONTINGENT LIABILITY. 

21 ‘‘The maximum contingent liability of the Accelerator 

22 that may be outstanding at any time shall be not more 

23 than $70,000,000,000 in the aggregate.’’. 


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1 Subtitle E—Scientific Integrity 

2 SEC. 12501. SENSE OF CONGRESS. 

3 It is the sense of Congress that— 

4 (1) science and the scientific process should 

5 help inform and guide public policy decisions on a 

6 wide range of issues, including improvement of pub7 lic health, protection of the environment, and protec8 tion of national security; 

9 (2) the public must be able to trust the science 

10 and scientific process informing public policy deci11 sions; 

12 (3) science, the scientific process, and the com13 munication of science should be free from politics, 

14 ideology, and financial conflicts of interest; 

15 (4) policies and procedures that ensure the in16 tegrity of the conduct and communication of publicly 

17 funded science are critical to ensuring public trust; 

18 (5) a Federal agency that funds, conducts, or 

19 oversees research should not suppress, alter, inter20 fere with, or otherwise impede the timely commu21 nication and open exchange of data and findings to 

22 other agencies, policymakers, and the public of re23 search conducted by a scientist or engineer employed 

24 or contracted by a Federal agency that funds, con25 ducts, or oversees scientific research; 


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1 (6) Federal agencies that fund, conduct, or 

2 oversee research should work to prevent the suppres3 sion or distortion of the data and findings; 

4 (7) under the First Amendment to the Con5 stitution, citizens of the United States have the right 

6 to ‘‘petition the government for a redress of griev7 ances’’; and 

8 (8) Congress has further protected those rights 

9 under section 7211 of title 5, United States Code, 

10 which states, ‘‘the right of employees, individually or 

11 collectively, to petition Congress or a member of 

12 Congress . . . may not be interfered with or denied’’. 

13 SEC. 12502. AMENDMENT TO AMERICA COMPETES ACT. 

14 Section 1009 of the America COMPETES Act (42 

15 U.S.C. 6620) is amended by striking subsections (a) and 

16 (b) and inserting the following: 

17 ‘‘(a) SCIENTIFIC INTEGRITY POLICIES.— 

18 ‘‘(1) IN GENERAL.—Not later than 90 days 

19 after the date of enactment of the Scientific Integ20 rity Act, the head of each covered agency shall— 

21 ‘‘(A) adopt and enforce a scientific integ22 rity policy in accordance with subsections (b) 

23 and (c); and 


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1 ‘‘(B) submit such policy to the Director of 

2 the Office of Science and Technology Policy for 

3 approval. 

4 ‘‘(2) PUBLICATION.—Not later than 30 days 

5 after the Director of the Office of Science and Tech6 nology Policy approves the scientific integrity policy 

7 under paragraph (1), the head of each covered agen8 cy shall— 

9 ‘‘(A) make such policy available to the 

10 public on the website of the agency; and 

11 ‘‘(B) submit such policy to the relevant 

12 Committees of Congress. 

13 ‘‘(b) REQUIREMENTS.—A scientific integrity policy 

14 under subsection (a)— 

15 ‘‘(1) shall prohibit any covered individual 

16 from— 

17 ‘‘(A) engaging in dishonesty, fraud, deceit, 

18 misrepresentation, coercive manipulation, or 

19 other scientific or research misconduct; 

20 ‘‘(B) suppressing, altering, interfering 

21 with, delaying without scientific merit, or other22 wise impeding the release and communication 

23 of, scientific or technical findings; 

24 ‘‘(C) intimidating or coercing an individual 

25 to alter or censor, attempting to intimidate or 


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1 coerce an individual to alter or censor, or retali2 ating against an individual for failure to alter 

3 or censor, scientific or technical findings; or 

4 ‘‘(D) implementing an institutional barrier 

5 to cooperation with scientists outside the cov6 ered agency and the timely communication of 

7 scientific or technical findings; 

8 ‘‘(2) shall allow a covered individual to— 

9 ‘‘(A) disseminate scientific or technical 

10 findings, subject to existing law, by— 

11 ‘‘(i) participating in scientific con12 ferences; and 

13 ‘‘(ii) seeking publication in online and 

14 print publications through peer-reviewed, 

15 professional, or scholarly journals; 

16 ‘‘(B) sit on scientific advisory or governing 

17 boards; 

18 ‘‘(C) join or hold leadership positions on 

19 scientific councils, societies, unions, and other 

20 professional organizations; 

21 ‘‘(D) contribute to the academic peer-re22 view process as reviewers or editors; and 

23 ‘‘(E) participate and engage with the sci24 entific community; 


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1 ‘‘(3) may require a covered individual to, before 

2 disseminating scientific or technical findings as de3 scribed in paragraph (2)(A), submit such findings to 

4 the agency for the purpose of review by the agency 

5 of the data and findings for technical accuracy if the 

6 scientific integrity policy outlines a clear and con7 sistent process for such review; and 

8 ‘‘(4) shall require that— 

9 ‘‘(A) scientific conclusions are not made 

10 based on political considerations; 

11 ‘‘(B) the selection and retention of can12 didates for science and technology positions in 

13 the covered agency are based primarily on the 

14 candidate’s expertise, scientific credentials, ex15 perience, and integrity; 

16 ‘‘(C) personnel actions regarding covered 

17 individuals, except for political appointees, are 

18 not taken on the basis of political consideration 

19 or ideology; 

20 ‘‘(D) covered individuals adhere to the 

21 highest ethical and professional standards in 

22 conducting their research and disseminating 

23 their findings; 

24 ‘‘(E) the appropriate rules, procedures, 

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1 rity of the scientific process within the covered 

2 agency; 

3 ‘‘(F) scientific or technological information 

4 considered in policy decisions is subject to well5 established scientific processes, including peer 

6 review where appropriate; 

7 ‘‘(G) procedures, including procedures with 

8 respect to applicable whistleblower protections, 

9 are in place as are necessary to ensure the in10 tegrity of scientific and technological informa11 tion and processes on which the covered agency 

12 relies in its decision making or otherwise uses; 

13 and 

14 ‘‘(H) enforcement of such policy is con15 sistent with the processes for an administrative 

16 hearing and an administrative appeal. 

17 ‘‘(c) IMPLEMENTATION.—In carrying out subsection 

18 (a), the head of each covered agency shall— 

19 ‘‘(1) design the scientific integrity policy to 

20 apply with respect to the covered agency; 

21 ‘‘(2) ensure that such policy is clear with re22 spect to what activities are permitted and what ac23 tivities are not permitted; 

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1 cluding grantees, collaborators, partners, and volun2 teers, to report violations of the scientific integrity 

3 policy; 

4 ‘‘(4) enforce such policy uniformly throughout 

5 the covered agency; and 

6 ‘‘(5) make such policy available to the public, 

7 employees, private contractors, and grantees of the 

8 covered agency. 

9 ‘‘(d) SCIENTIFIC INTEGRITY OFFICER.—Not later 

10 than 90 days after the date of enactment of this Act, each 

11 covered agency shall appoint a Scientific Integrity Officer, 

12 who shall— 

13 ‘‘(1) be a career employee at the covered agency 

14 in a professional position; 

15 ‘‘(2) have technical knowledge and expertise in 

16 conducting and overseeing scientific research; 

17 ‘‘(3) direct the activities and duties described in 

18 subsections (e), (f), and (g); and 

19 ‘‘(4) work closely with the inspector general of 

20 the covered agency, as appropriate. 

21 ‘‘(e) ADMINISTRATIVE PROCESS AND TRAINING.— 

22 Not later than 180 days after the date of enactment of 

23 this Act, the head of each covered agency shall establish— 

24 ‘‘(1) an administrative process and administra25 tive appeal process for dispute resolution consistent 


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1 with the scientific integrity policy of the covered 

2 agency adopted under subsection (a); and 

3 ‘‘(2) a training program to provide— 

4 ‘‘(A) regular scientific integrity and ethics 

5 training to employees and contractors of the 

6 covered agency; 

7 ‘‘(B) new covered employees with training 

8 within one month of commencing employment; 

9 ‘‘(C) information to ensure that covered in10 dividuals are fully aware of their rights and re11 sponsibilities regarding the conduct of scientific 

12 research, publication of scientific research, and 

13 communication with the media and the public 

14 regarding scientific research; and 

15 ‘‘(D) information to ensure that covered 

16 individuals are fully aware of their rights and 

17 responsibilities for administrative hearings and 

18 appeals established in the covered agency’s sci19 entific integrity policy. 

20 ‘‘(f) REPORTING.— 

21 ‘‘(1) ANNUAL REPORT.—Each year, each Sci22 entific Integrity Officer appointed by a covered agen23 cy under subsection (d) shall post an annual report 

24 on the public website of the covered agency that in25 cludes, for the year covered by the report— 


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1 ‘‘(A) the number of complaints of mis2 conduct with respect to the scientific integrity 

3 policy adopted under subsection (a)— 

4 ‘‘(i) filed for administrative redress; 

5 ‘‘(ii) petitioned for administrative ap6 peal; and 

7 ‘‘(iii) still pending from years prior to 

8 the year covered by the report, if any; 

9 ‘‘(B) an anonymized summary of each such 

10 complaint and the results of each such com11 plaint; and 

12 ‘‘(C) any changes made to the scientific in13 tegrity policy. 

14 ‘‘(2) INCIDENT REPORT.— 

15 ‘‘(A) IN GENERAL.—Not later than 30 

16 days after the date on which an incident de17 scribed in subparagraph (B) occurs, the head of 

18 a covered agency shall submit a report describ19 ing the incident to the Office of Science and 

20 Technology Policy and the relevant Committees 

21 of Congress. 

22 ‘‘(B) INCIDENT.—An incident described 

23 under this paragraph is an incident in which an 

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1 sion of the Scientific Integrity Officer with re2 spect to a dispute regarding a violation of the 

3 scientific integrity policy. 

4 ‘‘(g) OFFICE OF SCIENCE AND TECHNOLOGY POL5 ICY.—The Director of the Office of Science and Tech6 nology Policy shall— 

7 ‘‘(1) collate, organize, and publicly share all in8 formation it receives under subsection (f) in one 

9 place on its own website; and 

10 ‘‘(2) on an annual basis, convene the Scientific 

11 Integrity Officer of each covered agency appointed 

12 under subsection (d) to discuss best practices for im13 plementing the requirements of this section. 

14 ‘‘(h) PERIODIC REVIEW AND APPROVAL.— 

15 ‘‘(1) INTERNAL REVIEW.—The head of each 

16 covered agency shall periodically conduct a review of 

17 the scientific integrity policy and change such policy 

18 as appropriate. 

19 ‘‘(2) REVIEW BY THE OFFICE OF SCIENCE AND

20 TECHNOLOGY POLICY.— 

21 ‘‘(A) REVIEW OF SUBSTANTIAL UP22 DATES.—The head of each covered agency shall 

23 submit to the Office of Science and Technology 

24 Policy for approval any substantial changes to 

25 the scientific integrity policy. 


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1 ‘‘(B) QUINQUENNIAL REVIEW.—Not later 

2 than 5 years after the date of the enactment of 

3 the Clean Economy Jobs and Innovation Act, 

4 and quinquennially thereafter, the head of each 

5 covered agency shall submit the scientific integ6 rity policy to the Office of Science and Tech7 nology Policy for review and approval. 

8 ‘‘(i) COMPTROLLER GENERAL REVIEW.—Not later 

9 than 2 years after the date of the enactment of the Clean 

10 Economy Jobs and Innovation Act, the Comptroller Gen11 eral shall conduct a review of the implementation of the 

12 scientific integrity policy by each covered agency. 

13 ‘‘(j) DEFINITIONS.—In this section: 

14 ‘‘(1) AGENCY.—The term ‘agency’ has the 

15 meaning given the term in section 551 of title 5, 

16 United States Code. 

17 ‘‘(2) COVERED AGENCY.—The term ‘covered 

18 agency’ means an agency that funds, conducts, or 

19 oversees scientific research. 

20 ‘‘(3) COVERED INDIVIDUAL.—The term ‘cov21 ered individual’ means a Federal employee or con22 tractor who— 

23 ‘‘(A) is engaged in, supervises, or manages 

24 scientific activities; 


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1 ‘‘(B) analyzes or publicly communicates in2 formation resulting from scientific activities; or 

3 ‘‘(C) uses scientific information or analyses 

4 in making bureau, office, or agency policy, man5 agement, or regulatory decisions. 

6 ‘‘(4) RELEVANT COMMITTEES OF CONGRESS.— 

7 The term ‘relevant Committees of Congress’ 

8 means— 

9 ‘‘(A) the Committee on Commerce, 

10 Science, and Transportation of the Senate; and 

11 ‘‘(B) the Committee on Science, Space, 

12 and Technology of the House of Representa13 tives.’’. 

14 SEC. 12503. EXISTING POLICIES; CLARIFICATION. 

15 (a) EXISTING SCIENTIFIC INTEGRITY POLICIES.— 

16 Notwithstanding the amendments made by this subtitle, 

17 a covered agency’s scientific integrity policy that was in 

18 effect on the day before the date of enactment of this Act 

19 may satisfy the requirements under the amendments made 

20 by this subtitle if the head of the covered agency— 

21 (1) makes a written determination that the pol22 icy satisfies such requirements; and 

23 (2) submits the written determination and the 

24 policy to the Director of the Office of Science and 

25 Technology Policy for review and approval. 


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1 (b) CLARIFICATION.—Nothing in this subtitle shall 

2 affect the application of United States copyright law. 

3 (c) COVERED AGENCY DEFINED.—The term ‘‘cov4 ered agency’’ has the meaning given the term in section 

5 1009 of the America COMPETES Act (42 U.S.C. 6620). 

6 Subtitle F—Other Matters 

7 SEC. 12601. AUTHORIZATION. 

8 Section 112(a)(1)(B) of the Uranium Mill Tailings 

9 Radiation Control Act of 1978 (42 U.S.C. 7922(a)(1)(B)) 

10 is amended by striking ‘‘September 30, 2023’’ and insert11 ing ‘‘September 30, 2031’’. 

12 SEC. 12602. ADDRESSING INSUFFICIENT COMPENSATION 

13 OF EMPLOYEES AND OTHER PERSONNEL OF 

14 THE FEDERAL ENERGY REGULATORY COM15 MISSION. 

16 (a) IN GENERAL.—Section 401 of the Department of 

17 Energy Organization Act (42 U.S.C. 7171) is amended 

18 by adding at the end the following: 

19 ‘‘(k) ADDRESSING INSUFFICIENT COMPENSATION OF

20 EMPLOYEES AND OTHER PERSONNEL OF THE COMMIS21 SION.— 

22 ‘‘(1) IN GENERAL.—Notwithstanding any other 

23 provision of law, if the Chairman publicly certifies 

24 that compensation for a category of employees or 

25 other personnel of the Commission is insufficient to 


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1 retain or attract employees and other personnel to 

2 allow the Commission to carry out the functions of 

3 the Commission in a timely, efficient, and effective 

4 manner, the Chairman may fix the compensation for 

5 the category of employees or other personnel without 

6 regard to chapter 51 and subchapter III of chapter 

7 53 of title 5, United States Code, or any other civil 

8 service law. 

9 ‘‘(2) CERTIFICATION REQUIREMENTS.—A cer10 tification issued under paragraph (1) shall— 

11 ‘‘(A) apply with respect to a category of 

12 employees or other personnel responsible for 

13 conducting work of a scientific, technological, 

14 engineering, or mathematical nature; 

15 ‘‘(B) specify a maximum amount of rea16 sonable compensation for the category of em17 ployees or other personnel; 

18 ‘‘(C) be valid for a 5-year period beginning 

19 on the date on which the certification is issued; 

20 ‘‘(D) be no broader than necessary to 

21 achieve the objective of retaining or attracting 

22 employees and other personnel to allow the 

23 Commission to carry out the functions of the 

24 Commission in a timely, efficient, and effective 

25 manner; and 


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1 ‘‘(E) include an explanation for why the 

2 other approaches available to the Chairman for 

3 retaining and attracting employees and other 

4 personnel are inadequate. 

5 ‘‘(3) RENEWAL.— 

6 ‘‘(A) IN GENERAL.—Not later than 90 

7 days before the date of expiration of a certifi8 cation issued under paragraph (1), the Chair9 man shall determine whether the certification 

10 should be renewed for a subsequent 5-year pe11 riod. 

12 ‘‘(B) REQUIREMENT.—If the Chairman de13 termines that a certification should be renewed 

14 under subparagraph (A), the Chairman may 

15 renew the certification, subject to the certifi16 cation requirements under paragraph (2) that 

17 were applicable to the initial certification. 

18 ‘‘(4) NEW HIRES.— 

19 ‘‘(A) IN GENERAL.—An employee or other 

20 personnel that is a member of a category of em21 ployees or other personnel that would have been 

22 covered by a certification issued under para23 graph (1), but was hired during a period in 

24 which the certification has expired and has not 

25 been renewed under paragraph (3) shall not be 


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1 eligible for compensation at the level that would 

2 have applied to the employee or other personnel 

3 if the certification had been in effect on the 

4 date on which the employee or other personnel 

5 was hired. 

6 ‘‘(B) COMPENSATION OF NEW HIRES ON

7 RENEWAL.—On renewal of a certification under 

8 paragraph (3), the Chairman may fix the com9 pensation of the employees or other personnel 

10 described in subparagraph (A) at the level es11 tablished for the category of employees or other 

12 personnel in the certification. 

13 ‘‘(5) RETENTION OF LEVEL OF FIXED COM14 PENSATION.—A category of employees or other per15 sonnel, the compensation of which was fixed by the 

16 Chairman in accordance with paragraph (1), may, at 

17 the discretion of the Chairman, have the level of 

18 fixed compensation for the category of employees or 

19 other personnel retained, regardless of whether a 

20 certification described under that paragraph is in ef21 fect with respect to the compensation of the category 

22 of employees or other personnel. 

23 ‘‘(6) CONSULTATION REQUIRED.—The Chair24 man shall consult with the Director of the Office of 

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1 section, including in the determination of the 

2 amount of compensation with respect to each cat3 egory of employees or other personnel. 

4 ‘‘(7) EXPERTS AND CONSULTANTS.— 

5 ‘‘(A) IN GENERAL.—Subject to subpara6 graph (B), the Chairman may— 

7 ‘‘(i) obtain the services of experts and 

8 consultants in accordance with section 

9 3109 of title 5, United States Code; 

10 ‘‘(ii) compensate those experts and 

11 consultants for each day (including travel 

12 time) at rates not in excess of the rate of 

13 pay for level IV of the Executive Schedule 

14 under section 5315 of that title; and 

15 ‘‘(iii) pay to the experts and consult16 ants serving away from the homes or reg17 ular places of business of the experts and 

18 consultants travel expenses and per diem 

19 in lieu of subsistence at rates authorized 

20 by sections 5702 and 5703 of that title for 

21 persons in Government service employed 

22 intermittently. 

23 ‘‘(B) LIMITATIONS.—The Chairman 

24 shall— 


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1 ‘‘(i) to the maximum extent prac2 ticable, limit the use of experts and con3 sultants pursuant to subparagraph (A); 

4 and 

5 ‘‘(ii) ensure that the employment con6 tract of each expert and consultant em7 ployed pursuant to subparagraph (A) is 

8 subject to renewal not less frequently than 

9 annually.’’. 

10 (b) REPORTS.— 

11 (1) IN GENERAL.—Not later than 1 year after 

12 the date of enactment of this Act, and every 2 years 

13 thereafter for 10 years, the Chairman of the Federal 

14 Energy Regulatory Commission shall submit to the 

15 Committee on Energy and Commerce of the House 

16 of Representatives and the Committee on Energy 

17 and Natural Resources of the Senate a report on in18 formation relating to hiring, vacancies, and com19 pensation at the Federal Energy Regulatory Com20 mission. 

21 (2) INCLUSIONS.—Each report under para22 graph (1) shall include— 

23 (A) an analysis of any trends with respect 

24 to hiring, vacancies, and compensation at the 

25 Federal Energy Regulatory Commission; and 


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1 (B) a description of the efforts to retain 

2 and attract employees or other personnel re3 sponsible for conducting work of a scientific, 

4 technological, engineering, or mathematical na5 ture at the Federal Energy Regulatory Com6 mission. 

7 (c) APPLICABILITY.—The amendment made by sub8 section (a) shall apply beginning on the date that is 30 

9 days after the date of enactment of this Act. 

10 SEC. 12603. OFFICE OF PUBLIC PARTICIPATION. 

11 Section 319 of the Federal Power Act (16 U.S.C. 

12 825q–1) is amended— 

13 (1) in subsection (a)(1), by inserting ‘‘, to fa14 cilitate communication with the public relating to, 

15 and participation by the public in, matters under the 

16 jurisdiction of the Commission, including under this 

17 Act and the Natural Gas Act’’ before the period at 

18 the end; 

19 (2) in subsection (b), by striking paragraph (4) 

20 and inserting the following: 

21 ‘‘(4) The Office shall promote, through outreach, 

22 publications, and, as appropriate, direct communication 

23 with entities regulated by the Commission— 

24 ‘‘(A) improved compliance with rules and orders 

25 of the Commission; and 


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1 ‘‘(B) public participation in matters before the 

2 Commission. 

3 ‘‘(5) The Director may assign staff to intervene, ap4 pear, and participate in administrative, regulatory, or ju5 dicial proceedings on behalf of individuals or entities inter6 vening or participating, or proposing to intervene or par7 ticipate, in proceedings before the Commission by rep8 resenting the interests of such individuals or entities on 

9 any matter before the Commission. 

10 ‘‘(6) The Office shall advocate for, and act as a liai11 son with, environmental justice communities on matters 

12 under the jurisdiction of the Commission.’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(c) FUNDING.—Funding for the Office shall be de15 rived from fees and charges collected under section 3401 

16 of the Omnibus Budget Reconciliation Act of 1986. 

17 ‘‘(d) DEFINITIONS.—In this section: 

18 ‘‘(1) COMMUNITY OF COLOR.—The term ‘com19 munity of color’ means any geographically distinct 

20 area the population of color of which is higher than 

21 the average population of color of the State in which 

22 the community is located. 

23 ‘‘(2) ENVIRONMENTAL JUSTICE COMMUNITY.— 

24 The term ‘environmental justice community’ means 

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1 munities of color, low-income communities, or indig2 enous communities, that experiences, or is at risk of 

3 experiencing, higher or more adverse human health 

4 or environmental effects. 

5 ‘‘(3) INDIGENOUS COMMUNITY.—The term ‘in6 digenous community’ means— 

7 ‘‘(A) a federally recognized Indian Tribe; 

8 ‘‘(B) a State-recognized Indian Tribe; 

9 ‘‘(C) an Alaska Native or Native Hawaiian 

10 community or organization; and 

11 ‘‘(D) any other community of indigenous 

12 people. 

13 ‘‘(4) LOW-INCOME COMMUNITY.—The term 

14 ‘low-income community’ means any census block 

15 group in which 30 percent or more of the population 

16 are individuals with low income. 

17 ‘‘(5) POPULATION OF COLOR.—The term ‘popu18 lation of color’ means a population of individuals 

19 who identify as— 

20 ‘‘(A) Black; 

21 ‘‘(B) African American; 

22 ‘‘(C) Asian; 

23 ‘‘(D) Pacific Islander; 

24 ‘‘(E) another non-White race; 

25 ‘‘(F) Hispanic; 


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1 ‘‘(G) Latino; or 

2 ‘‘(H) linguistically isolated.’’. 

3 SEC. 12604. BACKGROUND OZONE RESEARCH. 

4 (a) STUDY ON BACKGROUND OZONE RESEARCH

5 NEEDS.— 

6 (1) IN GENERAL.—Not later than 60 days after 

7 the date of enactment of this Act, the Administrator 

8 of the Environmental Protection Agency shall seek 

9 to enter an agreement with the National Academies 

10 of Sciences, Engineering, and Medicine (referred to 

11 in this section as the ‘‘National Academies’’) under 

12 which the National Academies shall conduct a study 

13 on the current and future research needs regarding 

14 background ozone. The study shall— 

15 (A) propose a framework of standard 

16 terms and definitions for types of non-local 

17 ground level ozone, including types of back18 ground ozone, to standardize research on 

19 ground-level ozone; 

20 (B) examine the current understanding of 

21 background sources of ozone and the contribu22 tion of such sources to ground-level ozone in the 

23 United States to identify gaps in knowledge 

24 that need to be addressed with additional re25 search; 


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1 (C) examine challenges in quantifying the 

2 sources of background ozone and the contribu3 tions of each such source to ground-level ozone 

4 on a regional scale in the United States and 

5 identifies specific research needs to address 

6 these challenges; 

7 (D) include an outline of a plan for a re8 search and development program, including 

9 specifications for costs, timeframes, and respon10 sible agencies, to support analysis and dem11 onstration of background ozone trends, includ12 ing by— 

13 (i) improving collection and observa14 tional infrastructure; 

15 (ii) improving confidence in model 

16 outputs; 

17 (iii) reducing uncertainties in esti18 mates of background ozone; and 

19 (iv) making background ozone re20 search outputs more useful and accessible 

21 to decision-makers; and 

22 (E) identify opportunities for international 

23 engagement that may facilitate increased re24 search collaborations that improve under25 standing of ozone trends. 


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1 (2) REPORT.—As a condition of any agreement 

2 under subsection (a), the Administrator shall require 

3 that the National Academies transmit to Congress a 

4 report on the results of the study under subsection 

5 (a) not later than 24 months after the date on which 

6 such agreement is finalized. 

7 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to carry out this section 

9 $1,200,000. 

10 SEC. 12605. SMOKE PLANNING AND RESEARCH. 

11 (a) RESEARCH ON WILDFIRE SMOKE.— 

12 (1) CENTERS OF EXCELLENCE.— 

13 (A) IN GENERAL.—Not later than 180 

14 days after the date of enactment of this Act, 

15 the Administrator of the Environmental Protec16 tion Agency (referred to in this subsection as 

17 the ‘‘Administrator’’) shall establish at institu18 tions of higher education (as defined in section 

19 101(a) of the Higher Education Act of 1965 

20 (20 U.S.C. 1001(a))) 4 centers, each of which 

21 shall be known as a ‘‘Center of Excellence for 

22 Wildfire Smoke’’, to carry out research, out23 reach, and community engagement, relating 

24 to— 


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1 (i) the effects on public health, includ2 ing the health of outdoor workers, of 

3 smoke emissions from wildland fires; and 

4 (ii) means by which communities can 

5 better respond to the impacts of emissions 

6 from wildland fires. 

7 (B) PRIORITY.—In selecting institutions of 

8 higher education at which to establish a center 

9 under subparagraph (A), the Administrator 

10 shall give priority to institutions that— 

11 (i) have established expertise or dedi12 cated centers for air quality research; 

13 (ii) have experience with relevant out14 reach and extension work; 

15 (iii) have established relationships 

16 with relevant Federal, State, and local 

17 agencies, community organizations, and In18 dian Tribes; and 

19 (iv) are located in an area that is eco20 nomically or environmentally impacted by 

21 wildfire smoke. 

22 (C) AUTHORIZATION OF APPROPRIA23 TIONS.—There is authorized to be appropriated 

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1 graph $10,000,000 for each of fiscal years 

2 2021 through 2025. 

3 (2) RESEARCH.— 

4 (A) IN GENERAL.—Not later than 180 

5 days after the date of enactment of this Act, 

6 the Administrator shall carry out research— 

7 (i) to study the health effects of 

8 smoke emissions from wildland fires; 

9 (ii) to develop and disseminate per10 sonal and community-based interventions 

11 to reduce exposure to and adverse health 

12 effects of smoke emissions from wildland 

13 fires; 

14 (iii) to increase the quality of smoke 

15 monitoring and prediction tools and tech16 niques; and 

17 (iv) to develop implementation and 

18 communication strategies. 

19 (B) AUTHORIZATION OF APPROPRIA20 TIONS.—There is authorized to be appropriated 

21 to the Administrator to carry out this para22 graph $20,000,000 for each of fiscal years 

23 2021 through 2025. 

24 (b) COMMUNITY SMOKE PLANNING.— 


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

2 after the date of enactment of this Act, the Adminis3 trator shall establish a competitive grant program to 

4 assist eligible entities described in paragraph (2) in 

5 developing and implementing collaborative commu6 nity plans for mitigating the impacts of smoke emis7 sions from wildland fires. 

8 (2) ELIGIBLE ENTITIES.—An entity that is eli9 gible to submit an application for a grant under 

10 paragraph (1) is— 

11 (A) a State; 

12 (B) a unit of local government (including 

13 any special district, such as an air quality man14 agement district or a school district); or 

15 (C) an Indian Tribe. 

16 (3) APPLICATIONS.—To be eligible to receive a 

17 grant under paragraph (1), an eligible entity de18 scribed in paragraph (2) shall submit to the Admin19 istrator an application at such time, in such manner, 

20 and containing such information as the Adminis21 trator may require, which shall include plans to col22 laborate with a public institution of higher education 

23 or other research institution that— 

24 (A) has established expertise or dedicated 

25 centers for air quality research; 


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1 (B) has experience with relevant outreach 

2 and extension work; 

3 (C) has established relationships with rel4 evant Federal, State, and local agencies, com5 munity organizations, and Indian Tribes; and 

6 (D) is located in an area that is economi7 cally or environmentally impacted by wildfire 

8 smoke. 

9 (4) TECHNICAL ASSISTANCE.—The Adminis10 trator may use amounts made available to carry out 

11 this subsection to provide to eligible entities de12 scribed in paragraph (2) technical assistance in— 

13 (A) submitting grant applications under 

14 paragraph (3); or 

15 (B) carrying out projects using a grant 

16 under this subsection. 

17 (5) AUTHORIZATION OF APPROPRIATIONS.— 

18 There is authorized to be appropriated to the Ad19 ministrator to carry out this subsection $50,000,000 

20 for each of fiscal years 2021 through 2025. 

21 SEC. 12606. REPORT ON EFFECTS OF EMISSIONS FROM FOS22 SIL FUEL FACILITIES. 

23 (a) STUDY.— 

24 (1) IN GENERAL.—The Administrator shall con25 duct a study to evaluate the effect of emissions from 


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1 fossil fuel facilities on the health of environmental 

2 justice communities, including such effects on the 

3 environment or that result in adverse human health 

4 for such communities. 

5 (2) INCLUSION.—In evaluating effects under 

6 paragraph (1), the Administrator of the Environ7 mental Protection Agency shall consider the distance 

8 between fossil fuel facilities and environmental jus9 tice communities. 

10 (b) REPORT.—Not later than 180 days after the date 

11 of enactment of this Act, the Administrator shall submit 

12 to Congress a report that summarizes the study conducted 

13 under subsection (a). 

14 (c) DEFINITIONS.—In this section: 

15 (1) ADMINISTRATOR.—The term ‘‘Adminis16 trator’’ means the Administrator of the Environ17 mental Protection Agency. 

18 (2) ENVIRONMENTAL JUSTICE COMMUNITY.— 

19 The term ‘‘environmental justice community’’ has 

20 the meaning given such term in section 11001. 

21 (3) FOSSIL FUEL FACILITY.—The term ‘‘fossil 

22 fuel facility’’ has the meaning given such term by 

23 the Administrator for purposes of the National 

24 Emissions Inventory. 


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1 SEC. 12607. WILDFIRE HAZARD SEVERITY MAPPING FOR 

2 ELECTRIC TRANSMISSION AND DISTRIBU3 TION INFRASTRUCTURE. 

4 (a) MAP REQUIRED.—Not later than 2 years after 

5 the date of the enactment of this section, the Secretary 

6 of Energy shall— 

7 (1) use the most recent LANDFIRE data to 

8 generate a geospatial map for the conterminous 

9 United States that depicts wildfire risk to electric 

10 utilities that— 

11 (A) manage electric transmission infra12 structure or rights-of-ways on public lands; and 

13 (B) maintain equipment that is at risk of 

14 igniting or being impacted by wildland fire; and 

15 (2) disseminate the information generated 

16 under paragraph (1) in an appropriate format for 

17 use by electric utilities in order to— 

18 (A) improve understanding of wildfire risk; 

19 (B) identify areas and assets at the highest 

20 risk; 

21 (C) prioritize infrastructure maintenance 

22 and vegetation management; 

23 (D) identify opportunities for energy stor24 age and microgrid projects; and 


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1 (E) develop plans for regular and emer2 gency access to manage and mitigate wildfire 

3 risk. 

4 (b) CONSULTATION.—In carrying out subsection (a), 

5 the Secretary of Energy shall consult with— 

6 (1) the Secretary of Agriculture, acting through 

7 the Chief of the Forest Service; 

8 (2) the Secretary of the Interior; 

9 (3) the Administrator of the Federal Emer10 gency Management Agency; 

11 (4) other appropriate Federal agencies; 

12 (5) States; 

13 (6) relevant colleges, universities, and institu14 tions of higher education with relevant expertise; 

15 and 

16 (7) other entities, as appropriate. 

17 (c) ELECTRIC UTILITY DEFINED.—In this section, 

18 the term ‘‘electric utility’’ means— 

19 (1) a rural electric cooperative; 

20 (2) a political subdivision of a State, such as a 

21 municipally owned electric utility, or any agency, au22 thority, corporation, or instrumentality of one or 

23 more State political subdivisions; and 

24 (3) an investor-owned utility. 


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1 SEC. 12608. WILDFIRE SMOKE EMISSIONS MODELING AND 

2 FORECASTING IMPROVEMENT PROGRAM. 

3 (a) IN GENERAL.—The Administrator of the Na4 tional Oceanic and Atmospheric Administration, in col5 laboration with other Federal agencies and such academic 

6 entities as the Administrator considers appropriate, shall 

7 maintain a program to improve wildfire smoke emissions 

8 modeling and develop smoke forecasts. 

9 (b) GOAL.—The goal of the program under sub10 section (a) shall be to develop and extend accurate wildfire 

11 smoke forecasts and impact-based decision support serv12 ices in order to reduce loss of life, injury, and damage 

13 to the economy with a focus on— 

14 (1) improving modeling of wildfire smoke emis15 sions, transport, mixing, and chemical trans16 formations through advanced modeling approaches; 

17 (2) developing and disseminating smoke fore18 casts; and 

19 (3) incorporating risk communication research 

20 in developing smoke forecasts and fire weather 

21 warning products. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to the Administrator of the 

24 National Oceanic and Atmospheric Administration to 

25 carry out this section $20,000,000 for each of fiscal years 

26 2021 through 2025. 


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1 SEC. 12609. EXPOSURE TO WILDFIRE SMOKE AND AIR POL2 LUTION. 

3 (a) IMPACTS OF ACUTE EXPOSURE TO WILDIFRE

4 SMOKE AND COVID–19.—The Administrator of the Envi5 ronmental Protection Agency, in coordination with the Di6 rector of the Centers for Disease Control and Prevention, 

7 and other Federal agencies as appropriate, shall coordi8 nate data collection and epidemiological analysis of the im9 pacts of acute air pollution exposure from wildfires in the 

10 context of the COVID–19 pandemic. 

11 (b) CHRONIC AIR POLLUTION EXPOSURE.—The Ad12 ministrator of the Environmental Protection Agency, act13 ing through the Assistant Administrator for Research and 

14 Development, shall coordinate with academic institutions 

15 and other research organizations to conduct research to 

16 estimate the impacts of chronic exposure to air pollutants, 

17 and other pertinent variables, in the context of responding 

18 to the COVID–19 pandemic. 

19 SEC. 12610. BUDGETARY EFFECTS. 

20 The budgetary effects of this Act, for the purpose of 

21 complying with the Statutory Pay-As-You-Go Act of 2010, 

22 shall be determined by reference to the latest statement 

23 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

24 Act, submitted for printing in the Congressional Record 

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1 vided that such statement has been submitted prior to the 

2 vote on passage. 

3 SEC. 12611. EFFECTIVE DATE. 

4 This Act, and the amendments made by this Act, 

5 shall not take effect until the date on which the Secretary 

6 of Energy submits to Congress a certification that imple7 mentation of this Act, and the amendments made by this 

8 Act, will not reduce the energy security or energy inde9 pendence of the United States. 

10 SEC. 12612. EFFECTIVE DATE. 

11 This Act, and the amendments made by this Act, 

12 shall not take effect until the date on which the Secretary 

13 of Energy submits to Congress a certification that imple14 mentation of this Act, and the amendments made by this 

15 Act, will not increase electric rates or gasoline prices out16 side of normal market factors. 

17 SEC. 12613. REPORT ON MINING OF CRITICAL MINERALS 

18 USING FORCED LABOR IN FOREIGN COUN19 TRIES. 

20 Not later than 180 days after the date of the enact21 ment of this Act, the Secretary of the Interior, in consulta22 tion with the Commissioner of U.S. Customs and Border 

23 Protection and the Secretary of State, shall submit to the 

24 Congress a report evaluating the use of child labor, slav25 ery, or human trafficking to mine or otherwise obtain one 


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1 or more of the minerals listed in the Notice of the Depart2 ment of the Interior entitled ‘‘Final List of Critical Min3 erals 2018’’ (83 Fed. Reg. 23295), or in any successor 

4 notice updating such Final List, for export to the United 

5 States. 

6 SEC. 12614. TREE PLANTING GRANT PROGRAM. 

7 (a) DEFINITIONS.—In this section: 

8 (1) ELIGIBLE COST.—The term ‘‘eligible cost’’ 

9 means, with respect to a project— 

10 (A) the cost of implementing the project, 

11 including— 

12 (i) planning and designing the plant13 ing activity; 

14 (ii) purchasing trees; and 

15 (iii) preparing the site and conducting 

16 planting, including the labor and cost asso17 ciated with the use of machinery; 

18 (B) the cost of maintaining and monitoring 

19 planted trees for a period of up to 3 years to 

20 ensure successful establishment of the trees; 

21 (C) the cost of training activities associ22 ated with the project; and 

23 (D) any other relevant cost, as determined 

24 by the Secretary. 


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1 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means— 

3 (A) a State agency; 

4 (B) a local governmental entity; 

5 (C) an Indian Tribe; 

6 (D) a nonprofit organization; and 

7 (E) a retail power provider. 

8 (3) ENERGY BURDEN.—The term ‘‘energy bur9 den’’ means the percentage of household income 

10 spent on home energy bills. 

11 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

12 has the meaning given the term ‘‘Indian tribe’’ in 

13 section 4 of the Indian Self-Determination and Edu14 cation Assistance Act (25 U.S.C. 5304). 

15 (5) LOCAL GOVERNMENTAL ENTITY.—The term 

16 ‘‘local governmental entity’’ means any municipal 

17 government or county government with jurisdiction 

18 over local land use decisions. 

19 (6) NONPROFIT ORGANIZATION.—The term 

20 ‘‘nonprofit organization’’ means an organization 

21 that— 

22 (A) is described in section 170(h)(3) of the 

23 Internal Revenue Code of 1986; and 


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1 (B) operates in accordance with 1 or more 

2 of the purposes described in section 

3 170(h)(4)(A) of that Code. 

4 (7) PROGRAM.—The term ‘‘Program’’ means 

5 the grant program established under subsection 

6 (b)(1). 

7 (8) PROJECT.—The term ‘‘project’’ means a 

8 tree planting project carried out by an eligible entity 

9 using grant funds awarded under the Program. 

10 (9) RETAIL POWER PROVIDER.—The term ‘‘re11 tail power provider’’ means any entity authorized 

12 under applicable State or Federal law to generate, 

13 distribute, or provide retail electricity, natural gas, 

14 or fuel oil service. 

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

16 means the Secretary of Energy. 

17 (b) ESTABLISHMENT.— 

18 (1) IN GENERAL.—The Secretary, in coordina19 tion with the Secretary of Agriculture, acting 

20 through the Chief of the Forest Service, shall estab21 lish a program under which the Secretary shall 

22 award grants to eligible entities to conduct tree 

23 planting projects in accordance with this section. 

24 (2) TREE PLANTING.—Subject to the avail25 ability of appropriations, in carrying out the ProVerDate Sep 11 2014 00:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 01133 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.RFS H4447

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1 gram, the Secretary shall, to the maximum extent 

2 practicable, award sufficient grants each year to 

3 plant not less than 300,000 trees each year. 

4 (c) APPLICATIONS.— 

5 (1) IN GENERAL.—An eligible entity that seeks 

6 to receive a grant under the Program shall submit 

7 an application to the Secretary at such time, in such 

8 form, and containing such information as the Sec9 retary may require, including the information de10 scribed in paragraph (2). 

11 (2) CONTENTS.—An application submitted 

12 under paragraph (1) shall include— 

13 (A) a description of how the project will re14 duce residential energy consumption; 

15 (B) an estimate of the expected reduction 

16 in residential energy consumption; 

17 (C) a description of the total eligible costs 

18 of the project and sources of funding for the 

19 project; 

20 (D) a description of the anticipated com21 munity and stakeholder engagement in the 

22 project; 

23 (E) a description of the tree species to be 

24 planted and how that species is suitable for the 

25 local environmental conditions and climate; and 


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1 (F) any other relevant information re2 quired by the Secretary. 

3 (d) PRIORITY.—In awarding grants under the Pro4 gram, the Secretary shall give priority to projects that— 

5 (1) provide the largest potential reduction in 

6 residential energy consumption for households with a 

7 high energy burden; 

8 (2) are located in a neighborhood with lower 

9 tree canopy cover and higher maximum daytime 

10 summer temperatures; 

11 (3) are located in a neighborhood with high 

12 amounts of senior citizens or children; 

13 (4) will collaboratively engage neighbors and 

14 community members that will be closely affected by 

15 the tree planting; and 

16 (5) will employ a substantial percentage of the 

17 workforce locally, with a focus on engaging unem18 ployed and underemployed persons. 

19 (e) COSTS.— 

20 (1) FEDERAL SHARE.—The Secretary shall 

21 award a grant to an eligible entity under the Pro22 gram in an amount equal to not more than 75 per23 cent of the eligible costs of the project, as deter24 mined by the Secretary. 


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1 (2) MATCHING REQUIREMENT.—As a condition 

2 of receiving a grant under the Program, an eligible 

3 entity shall provide, in cash or through in-kind con4 tributions from non-Federal sources, matching funds 

5 in an amount equal to not less than 25 percent of 

6 the eligible costs of the project, as determined by the 

7 Secretary. 

8 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to carry out the Pro10 gram $50,000,000 for each of fiscal years 2021 through 

11 2025. 

12 SEC. 12615 LABOR STANDARDS. 

13 (a) IN GENERAL.—Notwithstanding any other provi14 sion of law, for fiscal year 2021 and each fiscal year there15 after, any construction or maintenance projects, including 

16 installation or removal of applicable infrastructure, as17 sisted in whole or in part by funds appropriated under 

18 sections 1203, 1221, 1802, 1803, 1804, 1805, 2122, 

19 2401, 2502, 2503, 2504, 2505, 2522, 2523, 2524, 2525, 

20 2542, 2543, 2544, 2545, 2547, 2552, 2553, 2561, 3102, 

21 3103, 3104, 3105, 3106, 3107, 3109, 3110, 3111, 3112, 

22 3201, 4101, 4202, 5101, 5301, 5302, 5321, 5322, 5323, 

23 5324, 5341, 5342, 6201, 6301, 6502, 6512, 7001, 8101, 

24 8102, 8206, 8304, 9105, 9302, 9304, 10121, and 12401 

25 of this Act and including 42 U.S.C. 17011 and 42 U.S.C. 


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1 16061, without regard to the form or type of Federal as2 sistance provided under such section or part, shall comply 

3 with labor standards under this section. Compliance with 

4 labor standards under this section shall also apply to enti5 ties that are awarded permits, leases or enter into agree6 ments with the Federal Government under subtitle F of 

7 Title II of this Act. 

8 (b) CERTIFICATION OF QUALIFIED ENTITIES.— 

9 (1) IN GENERAL.—The Secretary of Labor shall 

10 establish a process for certifying entities that submit 

11 an application under paragraph (2) as qualified enti12 ties with respect to construction and maintenance 

13 projects funded in part or whole under sections 

14 1203, 1221, 1802, 1803, 1804, 1805, 2122, 2401, 

15 2502, 2503, 2504, 2505, 2522, 2523, 2524, 2525, 

16 2542, 2543, 2544, 2545, 2547, 2552, 2553, 2561, 

17 3102, 3103, 3104, 3105, 3106, 3107, 3109, 3110, 

18 3111, 3112, 3201, 4101, 4202, 5101, 5301, 5302, 

19 5321, 5322, 5323, 5324, 5341, 5342, 6201, 6301, 

20 6502, 6512, 7001, 8101, 8102, 8206, 8304, 9105, 

21 9302, 9304, 10121, and 12401 of this Act and in22 cluding 42 U.S.C. 17011 and 42 U.S.C. 16061. 

23 (2) APPLICATION PROCESS.—An entity seeking 

24 certification as a qualified entity under this section 

25 shall submit an application to the Secretary of 


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1 Labor at such time, in such manner, and containing 

2 such information as the Secretary may reasonably 

3 require, including information to demonstrate com4 pliance with the requirements under subsection (c). 

5 (3) REQUESTS FOR ADDITIONAL INFORMA6 TION.—Not later than 1 year after receiving an ap7 plication from an entity under paragraph (2)— 

8 (A) the Secretary of Labor may request 

9 additional information from the entity in order 

10 to determine whether the entity is in compliance 

11 with the requirements under subsection (c); and 

12 (B) the entity shall provide such additional 

13 information within 30 days of the Secretary of 

14 Labor’s request under subparagraph (A). 

15 (4) DETERMINATION DEADLINE.—The Sec16 retary of Labor shall make a determination on 

17 whether to certify an entity under this section not 

18 later than— 

19 (A) in a case in which the Secretary re20 quests additional information described in para21 graph (3), 1 year after the Secretary receives 

22 such additional information from the entity; or 

23 (B) in a case that is not described in para24 graph (3)(A), 1 year after the date on which 


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1 the entity submits the application under para2 graph (2). 

3 (5) PRECERTIFICATION REMEDIES.—The Sec4 retary shall consider any corrective actions taken by 

5 an entity seeking certification under this subsection 

6 to remedy an administrative merits determination, 

7 arbitral award or decision, or civil judgment identi8 fied under subsection (c)(3) and shall impose as a 

9 condition of certification any additional remedies 

10 necessary to avoid further or repeated violations. 

11 (c) LABOR STANDARDS REQUIREMENTS.—The Sec12 retary of Labor shall require an entity, as a condition of 

13 certification under this section, to satisfy each of the fol14 lowing requirements: 

15 (1) The entity shall ensure that all laborers and 

16 mechanics employed by contractors and subcontrac17 tors in the performance of any construction or main18 tenance project shall be paid wages at rates not less 

19 than those prevailing on projects of a similar char20 acter in the locality as determined by the Secretary 

21 of Labor in accordance with subchapter IV of chap22 ter 31 of title 40, United States Code (commonly 

23 known as the ‘‘Davis-Bacon Act’’). 

24 (2) In the case of any construction or mainte25 nance project, the cost of which exceeds 


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1 $25,000,000, the entity shall be a party to, or re2 quire contractors and subcontractors in the perform3 ance of such construction or maintenance project to 

4 consent to, a covered project labor agreement. 

5 (3) The entity, and all contractors and sub6 contractors in performance of any construction or 

7 maintenance project, shall represent in the applica8 tion submitted under subsection (b)(2) (and periodi9 cally thereafter during the performance of the con10 struction or maintenance project as the Secretary of 

11 Labor may require) whether there has been any ad12 ministrative merits determination, arbitral award or 

13 decision, or civil judgment, as defined in guidance 

14 issued by the Secretary of Labor, rendered against 

15 the entity in the preceding 3 years (or, in the case 

16 of disclosures after the initial disclosure, during such 

17 period as the Secretary of Labor may provide) for 

18 violations of— 

19 (A) the Fair Labor Standards Act of 1938 

20 (29 U.S.C. 201 et seq.); 

21 (B) the Occupational Safety and Health 

22 Act of 1970 (29 U.S.C. 651 et seq.); 

23 (C) the Migrant and Seasonal Agricultural 

24 Worker Protection Act (29 U.S.C. 1801 et 

25 seq.); 


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1 (D) the National Labor Relations Act (29 

2 U.S.C. 151 et seq.); 

3 (E) subchapter IV of chapter 31 of title 

4 40, United States Code (commonly known as 

5 the ‘‘Davis-Bacon Act’’); 

6 (F) chapter 67 of title 41, United States 

7 Code (commonly known as the ‘‘Service Con8 tract Act’’); 

9 (G) Executive Order No. 11246, as amend10 ed (relating to equal employment opportunity); 

11 (H) section 503 of the Rehabilitation Act 

12 of 1973 (29 U.S.C. 793); 

13 (I) section 4212 of title 38, United States 

14 Code; 

15 (J) the Family and Medical Leave Act of 

16 1993 (29 U.S.C. 2601 et seq.); 

17 (K) title VII of the Civil Rights Act of 

18 1964 (42 U.S.C. 2000e et seq.); 

19 (L) the Americans with Disabilities Act of 

20 1990 (42 U.S.C. 12101 et seq.); 

21 (M) the Age Discrimination in Employ22 ment Act of 1967 (29 U.S.C. 621 et seq.); 

23 (N) Executive Order No. 13658, dated 

24 February 2014, (entitled ‘‘Establishing a Min25 imum Wage for Contractors’’); or 


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1 (O) equivalent State laws, as defined in 

2 guidance issued by the Secretary of Labor. 

3 (4) The entity, and all contractors and sub4 contractors in the performance of construction or 

5 maintenance project, shall not require arbitration for 

6 any dispute involving an employee described in para7 graph (5) engaged in a service for the entity or any 

8 contractor and subcontractor, or enter into any 

9 agreement with such employee requiring arbitration 

10 of any such dispute, unless such employee is covered 

11 by a collective bargaining agreement that provides 

12 otherwise. 

13 (5) For purposes of compliance with the Na14 tional Labor Relations Act (29 U.S.C. 151 et seq.), 

15 the Fair Labor Standards Act of 1938 (29 U.S.C. 

16 201 et seq.), and the requirements under this sec17 tion, the entity, and all contractors and subcontrac18 tors in the performance of any construction or main19 tenance project, shall consider an individual per20 forming any service in such performance as an em21 ployee (and not an independent contractor) of the 

22 entity, contractor, or subcontractor, respectively, un23 less— 

24 (A) the individual is free from control and 

25 direction in connection with the performance of 


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1 the service, both under the contract for the per2 formance of the service and in fact; 

3 (B) the service is performed outside the 

4 usual course of the business of the entity, con5 tractor, or subcontractor, respectively; and 

6 (C) the individual is customarily engaged 

7 in an independently established trade, occupa8 tion, profession, or business of the same nature 

9 as that involved in such service. 

10 (6) The entity shall prohibit all contractors and 

11 subcontractors in the performance of any construc12 tion or maintenance project from hiring employees 

13 through a temporary staffing agency unless the rel14 evant State workforce agency certifies that tem15 porary employees are necessary to address an acute, 

16 short-term labor demand. 

17 (7) The entity shall require all contractors, sub18 contractors, successors in interest of the entity, and 

19 other entities that may acquire the entity, in the 

20 performance or acquisition of any construction or 

21 maintenance project, to have and abide by an ex22 plicit neutrality policy on any issue involving the ex23 ercise by employees of the entity as described in 

24 paragraph (5), and of all contractors and sub25 contractors in the performance of any construction 


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1 or maintenance project, of the right to organize and 

2 bargain collectively through representatives of their 

3 own choosing. 

4 (8) The entity shall require all contractors and 

5 subcontractors to participate in a registered appren6 ticeship program for each skilled craft employed on 

7 any construction or maintenance project. 

8 (9) The entity, and all contractors and sub9 contractors in the performance of any construction 

10 or maintenance project, shall not request or other11 wise consider the criminal history of an applicant for 

12 employment before extending a conditional offer to 

13 the applicant, unless— 

14 (A) a background check is otherwise re15 quired by law; 

16 (B) the position is for a Federal law en17 forcement officer (as defined in section 

18 115(c)(1) of title 18, United States Code) posi19 tion; or 

20 (C) the Secretary of Labor, after consulta21 tion with the Secretary of Energy, certifies that 

22 precluding criminal history prior to the condi23 tional offer would pose a threat to national se24 curity. 


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1 (d) DAVIS-BACON ACT.—The Secretary of Labor 

2 shall have, with respect to the labor standards described 

3 in subsection (d)(1), the authority and functions set forth 

4 in Reorganization Plan Numbered 14 of 1950 (64 Stat. 

5 1267; 5 U.S.C. App.) and section 3145 of title 40, United 

6 States Code. 

7 (e) PERIOD OF VALIDITY FOR CERTIFICATIONS.—A 

8 certification made under this section shall be in effect for 

9 a period of 5 years. An entity may reapply to the Secretary 

10 of Labor for an additional certification under this section 

11 in accordance with the application process under sub12 section (b)(2). 

13 (f) REVOCATION OF QUALIFIED ENTITY STATUS.— 

14 The Secretary of Labor may revoke the certification of an 

15 entity under this section as a qualified entity at any time 

16 in which the Secretary reasonably determines the entity 

17 is no longer in compliance with the requirements of sub18 section (c). 

19 (g) CERTIFICATION MAY COVER MORE THAN 1 SUB20 STANTIALLY SIMILAR PROJECT.—The Secretary of Labor 

21 may make certifications under this section which apply 

22 with respect to more than 1 project if the projects to which 

23 such certification apply are substantially similar projects 

24 which meet the requirements of this section. Such projects 


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1 shall be treated as a specific construction or maintenance 

2 project for purposes of subsection (h)(2). 

3 (h) DEFINITIONS.—In this section: 

4 (1) COVERED PROJECT LABOR AGREEMENT.— 

5 The term ‘‘covered project labor agreement’’ means 

6 a project labor agreement that— 

7 (A) binds all contractors and subcontrac8 tors on the construction project through the in9 clusion of appropriate specifications in all rel10 evant solicitation provisions and contract docu11 ments; 

12 (B) allows all contractors and subcontrac13 tors to compete for contracts and subcontracts 

14 without regard to whether they are otherwise a 

15 party to a collective bargaining agreement; 

16 (C) contains guarantees against strikes, 

17 lockouts, and other similar job disruptions; 

18 (D) sets forth effective, prompt, and mutu19 ally binding procedures for resolving labor dis20 putes arising during the covered project labor 

21 agreement; and 

22 (E) provides other mechanisms for labor23 management cooperation on matters of mutual 

24 interest and concern, including productivity, 

25 quality of work, safety, and health. 


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1 (2) PROJECT LABOR AGREEMENT.—The term 

2 ‘‘project labor agreement’’ means a pre-hire collec3 tive bargaining agreement with one or more labor 

4 organizations that establishes the terms and condi5 tions of employment for a specific construction 

6 project and is described in section 8(f) of the Na7 tional Labor Relations Act (29 U.S.C. 158(f)). 

8 (3) QUALIFIED ENTITY.—The term ‘‘qualified 

9 entity’’ means an applicant for certification under 

10 subsection (b) that the Secretary of Labor certifies 

11 as a qualified entity in accordance with subsection 

12 (b). 

13 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this such sums 

15 as necessary for fiscal year 2020 and each fiscal year 

16 thereafter. 

17 SEC. 12616. AFFIRMING PROTECTIONS FOR CHILDREN AND 

18 WORKERS. 

19 Nothing in this Act shall be construed to affect the 

20 safety and wellbeing of children in the carrying out of 

21 projects, programs, and other applicable items in this Act 

22 nor to undermine or affect the enforcement of laws relat23 ing to protections against child labor and forced labor, in24 cluding— 


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1 (1) the Fair Labor Standards Act of 1938 (29 

2 U.S.C. 201 et seq.); 

3 (2) title 29, subtitle B, chapter V, Subchapter 

4 A, Part 570, the Child Labor Regulations, Orders, 

5 and Statements of Interpretation; 

6 (3) article 3 of the International Labor Organi7 zation Convention concerning the prohibition and 

8 immediate action for the elimination of the worst 

9 forms of child labor (December 2, 2000), or in viola10 tion of human rights; 

11 (4) number 182 of the International Labor Or12 ganization Convention, entitled ‘‘Worst Forms of 

13 Child Labour Convention’’ (1999); 

14 (5) number 105 of the International Labor Or15 ganization Convention, entitled ‘‘Abolition of Forced 

16 Labour Convention’’ (1957); 

17 (6) applicable trade laws, including trade pref18 erence programs, trade agreements and Section 307 

19 of the Tariff Act of 1930; and 

20 (7) Executive Order No. 13126, dated June 12, 

21 1999, (entitled ‘‘Prohibition of Acquisition of Prod22 ucts Produced by Forced or Indentured Child 

23 Labor’’). 


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1 SEC. 12617. RURAL AND REMOTE COMMUNITIES ELEC2 TRIFICATION GRANTS. 

3 (a) IN GENERAL.—Section 609 of the Public Utility 

4 Regulatory Policies Act (7 U.S.C. 918c) is amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (1), by striking ‘‘or mu7 nicipality’’ and inserting ‘‘, municipality, or In8 dian Tribe’’; 

9 (B) in paragraph (5), by striking ‘‘10,000’’ 

10 and inserting ‘‘20,000’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(6) The term ‘economically distressed commu13 nity’ means a unit of local government, an Indian 

14 Tribe, or a political subdivision thereof, that is sig15 nificantly impacted by the closure occurring on or 

16 after January 1, 2010, of an electric generating sta17 tion that primarily consumes coal as a fuel source, 

18 including by the loss of— 

19 ‘‘(A) employment directly from or associ20 ated with the electric generating station, includ21 ing an associated mine; 

22 ‘‘(B) tax revenue, lease payments, or royal23 ties directly from or associated with the electric 

24 generating station; or 

25 ‘‘(C) access to affordable energy.’’; 


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1 (2) in subsection (b), by inserting ‘‘or economi2 cally distressed communities’’ after ‘‘rural areas’’ 

3 each place it appears; and 

4 (3) in subsection (d)— 

5 (A) by striking ‘‘$20,000,000’’ and insert6 ing ‘‘$50,000,000’’; and 

7 (B) by striking ‘‘2006 through 2012’’ and 

8 inserting ‘‘2021 through 2025’’. 

9 SEC. 12618. COAL COMMUNITY RESOURCE CLEARING10 HOUSE. 

11 (a) ESTABLISHMENT.—Not later than 180 days after 

12 the date of enactment of this Act, the Secretary of Energy 

13 shall publish, maintain, and make publicly available a 

14 clearinghouse, to be known as the ‘‘Coal Community Re15 source Clearinghouse’’, on the website of the Department 

16 of Energy for the purpose of increasing awareness of Fed17 eral and State programs, grants, loans, loan guarantees, 

18 and other assistance resources the Secretary determines 

19 will assist economic development activities in economically 

20 distressed communities. 

21 (b) PERIODIC UPDATES.—In carrying out subsection 

22 (a), the Secretary shall, not less frequently than once per 

23 calendar year, update the Coal Community Resource 

24 Clearinghouse to address changes to the needs of economi25 cally distressed communities. 


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1 (c) ECONOMICALLY DISTRESSED COMMUNITY DE2 FINED.—The term ‘‘economically distressed community’’ 

3 means a unit of local government, an Indian Tribe, or a 

4 political subdivision thereof, that is significantly impacted 

5 by the closure occurring on or after January 1, 2010, of 

6 an electric generating station that primarily consumes coal 

7 as a fuel source, including by the loss of— 

8 (1) employment directly from or associated with 

9 the electric generating station, including an associ10 ated mine; 

11 (2) tax revenue, lease payments, or royalties di12 rectly from or associated with the electric generating 

13 station; or 

14 (3) access to affordable energy. 

15 SEC. 12619. REPORT ON FOSSIL FUEL SUBSIDIES. 

16 The Secretary of the Treasury, in consultation with 

17 other relevant departments and agencies, shall submit to 

18 Congress a report that contains— 

19 (1) an identification of any existing fossil fuel 

20 production subsidies not eliminated by this Act, or 

21 the amendments made by this Act; and 

22 (2) a quantification of the economic costs of 

23 such subsidies. 


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1 SEC. 12620. PUBLICATION OF INTERCONNECTIONS SEAMS 

2 STUDY. 

3 Not later than 30 days after the date of the enact4 ment of this Act, the Secretary of Energy shall submit 

5 to Congress and make publicly available on the website 

6 of the Department a report on the results of the Inter7 connections Seam Study conducted by the Department. 

8 SEC. 12621. DEPARTMENT OF ENERGY RESEARCH MISSION 

9 ON CLIMATE CHANGE AND EMISSIONS RE10 DUCTION. 

11 (a) GOALS.—Section 902 of the Energy Policy Act 

12 of 2005 (42 U.S.C. 16181) is amended— 

13 (1) in paragraph (4), by striking ‘‘and’’ at the 

14 end; and 

15 (2) by striking paragraph (5) and inserting the 

16 following: 

17 ‘‘(5) decreasing the environmental impact of en18 ergy-related activities, including by deeply reducing 

19 emissions; and 

20 ‘‘(6) improving energy-sector resilience to cli21 mate change.’’. 

22 (b) EMISSIONS DEFINED FOR GOALS.—Section 902 

23 of the Energy Policy Act of 2005 (42 U.S.C. 16181) is 

24 amended by adding at the end the following: 


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1 ‘‘(e) EMISSIONS DEFINED.—In this section, the term 

2 ‘emissions’ means greenhouse gas emissions or other pol3 lutants.’’. 

4 (c) EMISSIONS REDUCTION.—Section 911 of the En5 ergy Policy Act of 2005 (42 U.S.C. 16191) is amended— 

6 (1) in the heading by inserting ‘‘AND EMIS7 SIONS REDUCTIONS’’ after ‘‘ENERGY EFFI8 CIENCY’’; 

9 (2) in subsection (a)— 

10 (A) in paragraph (1)— 

11 (i) by inserting ‘‘and emissions reduc12 tions’’ after ‘‘energy efficiency’’; and 

13 (ii) in subparagraph (A), by inserting 

14 ‘‘, and reducing emissions from,’’ after ‘‘ef15 ficiency of’’; and 

16 (B) in paragraph (2)— 

17 (i) by amending the matter preceding sub18 paragraph (A)(i) to read as follows: 

19 ‘‘(A) advanced, cost-effective technologies 

20 to improve the energy efficiency and environ21 mental performance of, and reduce emissions 

22 from, vehicles, including—’’; 

23 (ii) by amending subparagraph (B) to read 

24 as follows: 


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1 ‘‘(B) cost-effective technologies for new 

2 construction and retrofit, to improve the energy 

3 efficiency and environmental performance of, 

4 and reduce emissions from buildings, using a 

5 whole-buildings approach, including onsite clean 

6 energy generation and beneficial electrifica7 tion;’’; and 

8 (iii) by amending subparagraph (C) to 

9 read as follows: 

10 ‘‘(C) advanced technologies to improve the 

11 energy efficiency, environmental performance, 

12 and process efficiency of, and reduce emissions 

13 from industry, especially energy-intensive and 

14 waste-intensive industries;’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(f) EMISSIONS DEFINED.—In this section, the term 

17 ‘emissions’ means greenhouse gas emissions or other pol18 lutants.’’. 

19 SEC. 12622. STUDY ON EQUITABLE DISTRIBUTION OF BENE20 FITS OF CLEAN ENERGY. 

21 (a) FRONTLINE COMMUNITY.—In this section, the 

22 term ‘‘frontline community’’ means a community with sig23 nificant representation of communities of color, low-in24 come communities, or Tribal and indigenous communities, 


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1 that experiences, or is at risk of experiencing, higher or 

2 more adverse human health or environmental effects. 

3 (b) STUDY.—Not later than 1 year after the date of 

4 the enactment of this Act, the Secretary of Energy shall 

5 enter into an agreement with the National Academies of 

6 Science, Engineering, and Medicine to undertake a study 

7 on technical and non-technical barriers to and solutions 

8 for ensuring equitable distribution of the benefits associ9 ated with clean energy in frontline communities across all 

10 sectors of the economy, and in particular the role of the 

11 Department of Energy in assessing and mitigating such 

12 barriers. The study shall— 

13 (1) assess the state of research on the equitable 

14 distribution of the benefits of clean energy including 

15 workforce development and job creation; 

16 (2) assess the progress in implementing pro17 grams and policies that result in increased adoption 

18 of clean energy technologies in frontline commu19 nities; 

20 (3) identify barriers as well as potential incen21 tives and mechanisms to achieving the equitable dis22 tribution of the benefits associated with clean energy 

23 in frontline communities, including through the con24 sideration of social, behavioral, regulatory, policy, 

25 market, and technology aspects, and considerations 


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1 of the characteristics of individual communities, 

2 such as geographical location, average income, and 

3 racial-ethnic composition; and 

4 (4) recommend research areas for the Depart5 ment of Energy to make progress towards ensuring 

6 equitable distribution of the benefits associated with 

7 clean energy in frontline communities. 

8 SEC. 12623. STUDY ON CERTAIN CLIMATE CHANGE MITIGA9 TION EFFORTS. 

10 (a) IN GENERAL.—Not later than 90 days after the 

11 date of enactment of this Act, the Secretary of Transpor12 tation shall seek to enter into an agreement with the Na13 tional Academies of Sciences, Engineering, and Medicine 

14 (referred to in this section as the ‘‘National Academies’’) 

15 to conduct a study on climate change mitigation efforts 

16 with respect to the civil aviation and aerospace industries. 

17 (b) STUDY CONTENTS.—In conducting the study 

18 under subsection (a), the National Academies shall— 

19 (1) identify climate change mitigation efforts, 

20 including efforts relating to emerging technologies, 

21 in the civil aviation and aerospace industries; 

22 (2) develop and apply an appropriate indicator 

23 for assessing the effectiveness of such efforts; 

24 (3) identify gaps in such efforts; 


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1 (4) identify barriers preventing expansion of 

2 such efforts; and 

3 (5) develop recommendations with respect to 

4 such efforts. 

5 (c) REPORTS.— 

6 (1) FINDINGS OF STUDY.—Not later than 1 

7 year after the date on which the Secretary enters 

8 into an agreement for a study pursuant to sub9 section (a), the Secretary shall submit to the appro10 priate congressional committees the findings of the 

11 study. 

12 (2) ASSESSMENT.—Not later than 180 days 

13 after the date on which the Secretary submits the 

14 findings pursuant to paragraph (1), the Secretary, 

15 acting through the Administrator of the Federal 

16 Aviation Administration, shall submit to the appro17 priate congressional committees a report that con18 tains an assessment of the findings. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to the Secretary to carry 

21 out this section $1,500,000. 

22 (e) DEFINITIONS.—In this section: 

23 (1) APPROPRIATE CONGRESSIONAL COMMIT24 TEES.—The term ‘‘appropriate congressional com25 mittees’’ means the Committee on Transportation 


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1 and Infrastructure of the House of Representatives, 

2 the Committee on Commerce, Science, and Trans3 portation of the Senate, and other congressional 

4 committees determined appropriate by the Secretary. 

5 (2) CLIMATE CHANGE MITIGATION EFFORTS.— 

6 The term ‘‘climate change mitigation efforts’’ means 

7 efforts, including the use of technologies, materials, 

8 processes, or practices, that contribute to the reduc9 tion of greenhouse gas emissions. 

10 SEC. 12624. LOW-DOSE-RADIATION RESEARCH. 

11 Section 306(c) of the Department of Energy Re12 search and Innovation Act (42 U.S.C. 18644(c)) is 

13 amended to read as follows: 

14 ‘‘(c) LOW-DOSE-RADIATION RESEARCH PROGRAM.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall carry 

16 out a research program on low-dose and low dose17 rate radiation to— 

18 ‘‘(A) enhance the scientific understanding 

19 of, and reduce uncertainties associated with, the 

20 effects of exposure to low-dose and low dose21 rate radiation; and 

22 ‘‘(B) inform improved risk-assessment and 

23 risk-management methods with respect to such 

24 radiation. 


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1 ‘‘(2) PROGRAM COMPONENTS.—In carrying out 

2 the program required under paragraph (1), the Sec3 retary shall— 

4 ‘‘(A) support and carry out the directives 

5 under section 106 of the American Innovation 

6 and Competitiveness Act (42 U.S.C. 6601 

7 note), with respect to low dose and low-dose 

8 rate radiation research, in coordination with the 

9 Physical Science Subcommittee of the National 

10 Science and Technology Council; 

11 ‘‘(B) identify and, to the extent possible, 

12 quantify, potential monetary and health-related 

13 impacts to Federal agencies, the general public, 

14 industry, research communities, and other users 

15 of information produced by such research pro16 gram; 

17 ‘‘(C) leverage the collective body of knowl18 edge from prior and existing low-dose and low 

19 dose-rate radiation research; 

20 ‘‘(D) engage with other Federal agencies, 

21 research communities, and potential users of in22 formation produced under this section, includ23 ing institutions performing or utilizing radiation 

24 research, medical physics, radiology, health 

25 physics, and emergency response measures; and 


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1 ‘‘(E) support education and outreach ac2 tivities to disseminate information and promote 

3 public understanding of low-dose radiation, with 

4 a focus on non-emergency situations such as 

5 medical physics, space exploration, and natu6 rally occurring radiation. 

7 ‘‘(3) RESEARCH PLAN.— 

8 ‘‘(A) NATIONAL ACADEMY OF SCIENCES.— 

9 Not later than 90 days after the date of enact10 ment of this Act, the Secretary shall enter into 

11 an agreement with the National Academy of 

12 Sciences to develop a long-term strategic and 

13 prioritized research agenda for the program de14 scribed in paragraph (2); 

15 ‘‘(B) CONGRESS.—Not later than 18 

16 months after the date of enactment of this Act, 

17 the Secretary shall submit the research plan de18 veloped under subparagraph (A) to the Com19 mittee on Science, Space, and Technology of 

20 the House of Representatives and the Com21 mittee on Energy and Natural Resources of the 

22 Senate. 

23 ‘‘(4) PROGRAM EVALUATION.— 

24 ‘‘(A) INDEPENDENT EXTERNAL ENTITY.— 

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1 ment of this Act, and every 2 years thereafter, 

2 the Secretary shall enter into agreements with 

3 an independent external entity to perform a 

4 program evaluation. 

5 ‘‘(B) CONGRESS.—The Secretary shall 

6 submit the program evaluations performed 

7 under subparagraph (A) to the Committee on 

8 Science, Space, and Technology of the House of 

9 Representatives and the Committee on Energy 

10 and Natural Resources of the Senate. 

11 ‘‘(5) DEFINITIONS.—In this subsection: 

12 ‘‘(A) LOW-DOSE RADIATION.—The term 

13 ‘low-dose radiation’ means a radiation dose of 

14 less than 100 millisieverts. 

15 ‘‘(B) LOW DOSE-RATE RADIATION.—The 

16 term ‘low dose-rate radiation’ means a radiation 

17 dose rate of less than 5 millisieverts per hour. 

18 ‘‘(6) RULE OF CONSTRUCTION.—Nothing in 

19 this subsection shall be construed to subject any re20 search carried out by the Secretary for the program 

21 under this subsection to any limitations described in 

22 section 977(e) of the Energy Policy Act of 2005 (42 

23 U.S.C. 16317(e)). 


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1 ‘‘(7) FUNDING.—There are authorized to be ap2 propriated to the Secretary to carry out the program 

3 under this subsection— 

4 ‘‘(A) $20,000,000 for fiscal year 2021; 

5 ‘‘(B) $30,000,000 for fiscal year 2022; 

6 ‘‘(C) $40,000,000 for fiscal year 2023; and 

7 ‘‘(D) $50,000,000 for fiscal year 2024.’’. 

8 SEC. 12625. ONLINE PUBLICATION OF GREENHOUSE GAS 

9 EMISSIONS. 

10 (a) IN GENERAL.—The Secretary of the Interior shall 

11 make freely available on a public website, with respect to 

12 the previous year— 

13 (1) information that describes for each fossil 

14 fuel operation that is subject to the mineral leasing 

15 laws or title III or V of the Federal Land Policy and 

16 Management Act of 1976 (30 U.S.C. 1761 et seq.), 

17 regardless of size, including production, storage, 

18 gathering, processing, transportation, and handling 

19 operations— 

20 (A) the aggregate amount of each fossil 

21 fuel, by type and by State, produced on Federal 

22 leases; and 

23 (B) for gas reported, the portion and 

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1 posed of by each of venting, flaring, and fugi2 tive release; and 

3 (2) information that describes the amount and 

4 sources of energy, in delivered megawatt hours, pro5 duced from operating solar, wind, and geothermal 

6 projects on public lands under lease for the produc7 tion of renewable energy. 

8 (b) FORMAT.—Information made available under this 

9 section shall be presented in a format that— 

10 (1) translates such amounts and portions into 

11 emissions of metric tons of greenhouse gases ex12 pressed in carbon dioxide equivalent using both the 

13 20-year and 100-year Global Warming Potential14 weighted emission values; 

15 (2) for energy produced from solar, wind, and 

16 geothermal projects, includes an estimate of the net 

17 emissions that would result from production of the 

18 same amount of energy from new fossil fuel-fired fa19 cilities; and 

20 (3) can be downloaded in a machine readable 

21 format. 

22 (c) DATA PUBLICATION FREQUENCY.—The data 

23 made available under this section shall be updated at least 

24 annually. 


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1 SEC. 12626. SENSE OF CONGRESS. 

2 It is the sense of Congress that in order to reduce 

3 emissions and meet 100 percent of the power demand in 

4 the United States through clean, renewable, or zero emis5 sion energy sources while maintaining United States lead6 ership in science and technology, the Secretary of Energy 

7 must prioritize funding for critical fundamental research 

8 infrastructure and for basic research and development ac9 tivities carried out through the Office of Science. 

10 SEC. 12627. USE OF BIRD-SAFE FEATURES, PRACTICES, AND 

11 STRATEGIES IN PUBLIC BUILDINGS. 

12 (a) IN GENERAL.—Chapter 33 of title 40, United 

13 States Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘§ 3319. Use of bird-safe features, practices, and strat16 egies in public buildings 

17 ‘‘(a) CONSTRUCTION, ALTERATION, AND ACQUISI18 TION OF PUBLIC BUILDINGS.—The Administrator of Gen19 eral Services shall incorporate, to the extent practicable, 

20 features, practices, and strategies to reduce bird fatality 

21 resulting from collisions with public buildings for each 

22 public building— 

23 ‘‘(1) constructed; 

24 ‘‘(2) acquired; or 


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1 ‘‘(3) of which more than 50 percent of the fa2 cade is substantially altered (in the opinion of the 

3 Commissioner of Public Buildings). 

4 ‘‘(b) DESIGN GUIDE.—The Administrator shall de5 velop a design guide to carry out subsection (a) that in6 cludes the following: 

7 ‘‘(1) Features for reducing bird fatality result8 ing from collisions with public buildings throughout 

9 all construction phases, taking into account the 

10 number of each such bird fatality that occurs at dif11 ferent types of public buildings. 

12 ‘‘(2) Methods and strategies for reducing bird 

13 fatality resulting from collisions with public build14 ings during the operation and maintenance of such 

15 buildings, including installing interior, exterior, and 

16 site lighting. 

17 ‘‘(3) Best practices for reducing bird fatality re18 sulting from collisions with public buildings, includ19 ing— 

20 ‘‘(A) a description of the reasons for 

21 adopting such practices; and 

22 ‘‘(B) an explanation for the omission of a 

23 best practice identified pursuant to subsection 

24 (c). 


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1 ‘‘(c) IDENTIFYING BEST PRACTICES.—To carry out 

2 subsection (b)(3), the Administrator may identify best 

3 practices for reducing bird fatality resulting from colli4 sions with public buildings, including best practices rec5 ommended by— 

6 ‘‘(1) Federal agencies with expertise in bird 

7 conservation; 

8 ‘‘(2) nongovernmental organizations with exper9 tise in bird conservation; and 

10 ‘‘(3) representatives of green building certifi11 cation systems. 

12 ‘‘(d) DISSEMINATION OF DESIGN GUIDE.—The Ad13 ministrator shall disseminate the design guide developed 

14 pursuant to subsection (b) to all Federal agencies, sub15 agencies, and departments with independent leasing au16 thority from the Administrator. 

17 ‘‘(e) UPDATE TO DESIGN GUIDE.—The Adminis18 trator shall, on a regular basis, update the design guide 

19 developed pursuant to subsection (b) with respect to the 

20 priorities of the Administrator for reducing bird fatality 

21 resulting from collisions with public buildings. 

22 ‘‘(f) EXEMPT BUILDINGS.—This section shall not 

23 apply to— 

24 ‘‘(1) any building or site listed, or eligible for 

25 listing, on the National Register of Historic Places; 


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1 ‘‘(2) the White House and the grounds of the 

2 White House; 

3 ‘‘(3) the Supreme Court building and the 

4 grounds of the Supreme Court; or 

5 ‘‘(4) the United States Capitol and any building 

6 on the grounds of the Capitol. 

7 ‘‘(g) CERTIFICATION.—Not later than October 1 of 

8 each fiscal year, the Administrator, acting through the 

9 Commissioner, shall certify to Congress that the Adminis10 trator uses the design guide developed pursuant to sub11 section (b) for each public building described in subsection 

12 (a). 

13 ‘‘(h) REPORT.—Not later than October 1 of each fis14 cal year, the Administrator shall submit to Congress a re15 port that includes— 

16 ‘‘(1) the certification under subsection (g); and 

17 ‘‘(2) to the extent practicable, the number of 

18 each such bird fatality that occurred as a result of 

19 a collision with the public buildings occupied by the 

20 respective head of each Federal agency.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 at the beginning of chapter 33 of title 40, United States 

23 Code, is amended by adding at the end the following new 

24 item: 

‘‘3319. Use of bird-safe features, practices, and strategies in public buildings.’’. 


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1 SEC. 12628. GAS WASTE REDUCTION AND ENHANCEMENT 

2 OF GAS MEASURING AND REPORTING. 

3 (a) IN GENERAL.—Title I of the Federal Oil and Gas 

4 Royalty Management Act of 1982 (30 U.S.C. 1711 et 

5 seq.) is amended by adding at the end the following: 

6 ‘‘SEC. 118. GAS WASTE REDUCTION AND ENHANCEMENT OF 

7 GAS MEASURING AND REPORTING. 

8 ‘‘(a) REGULATIONS FOR PREVENTING AND REDUC9 ING WASTE OF GAS VIA VENTING, FLARING, AND FUGI10 TIVE RELEASES.— 

11 ‘‘(1) REQUIREMENT TO ISSUE REGULATIONS.— 

12 Not later than 2 years after the date of enactment 

13 of this section, the Secretary shall issue regulations 

14 pursuant to the Secretary’s authority under the Min15 eral Leasing Act, the Federal Land Policy and Man16 agement Act of 1976, the Indian Mineral Leasing 

17 Act of 1938, and other statutes authorizing the Sec18 retary to regulate oil and gas activities on Federal 

19 land and Indian lands, that establish requirements 

20 for reducing and preventing the waste of gas, includ21 ing by venting, flaring, and fugitive releases, from 

22 covered operations. 

23 ‘‘(2) CONTENT OF REGULATIONS.—The regula24 tions shall, with respect to covered operations— 

25 ‘‘(A) require that, beginning not later than 

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1 tion, each operator captures at least 85 percent 

2 of all gas produced in each year from each on3 shore well that is subject to a mineral leasing 

4 law; 

5 ‘‘(B) require that, beginning not later than 

6 5 years after the date of enactment of this sec7 tion, each operator captures at least 99 percent 

8 of all gas produced in each year from each on9 shore well that is subject to a mineral leasing 

10 law; 

11 ‘‘(C) require flaring of gas, rather than 

12 venting, in all instances in which gas is not cap13 tured; 

14 ‘‘(D) require that every application for a 

15 permit to drill a production well— 

16 ‘‘(i) demonstrate sufficient infrastruc17 ture and capacity is in place to capture the 

18 expected quantity of produced gas from the 

19 well; and 

20 ‘‘(ii) be published with an opportunity 

21 for a public comment period of at least 30 

22 days; 

23 ‘‘(E) beginning not later than 2 years after 

24 the date of enactment of this section, prohibit 


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1 all new and refractured production wells from 

2 flaring; 

3 ‘‘(F) require the operator of any covered 

4 operation that routinely flares gas before the ef5 fective date of a regulation prohibiting flaring 

6 issued pursuant to subparagraph (E) to submit 

7 a gas capture plan to the Secretary not later 

8 than 180 days before such effective date that 

9 ensures that such operator will meet the re10 quirements described in subparagraphs (A) and 

11 (B); 

12 ‘‘(G) set performance standards for newly 

13 installed equipment based on modern equipment 

14 that minimize gas loss from— 

15 ‘‘(i) storage tanks; 

16 ‘‘(ii) dehydrators; 

17 ‘‘(iii) compressors; 

18 ‘‘(iv) open-ended valves or lines; 

19 ‘‘(v) pumps; and 

20 ‘‘(vi) such other equipment as the 

21 Secretary determines appropriate to reduce 

22 and prevent gas release; 

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1 tion date of performance standards established 

2 under subsection (G); 

3 ‘‘(I) require the replacement of all high4 bleed gas-actuated pneumatic devices with low5 bleed or no-bleed devices not later than 180 

6 days after the date of issuance of the regulation 

7 enacted under subparagraph (A); 

8 ‘‘(J) set performance standards based on 

9 modern procedures and equipment that mini10 mize gas loss from— 

11 ‘‘(i) downhole maintenance; 

12 ‘‘(ii) liquids unloading; 

13 ‘‘(iii) well completion; and 

14 ‘‘(iv) such other procedures as the 

15 Secretary determines appropriate to reduce 

16 and prevent gas release; 

17 ‘‘(K) require all operators to have leak de18 tection programs with regularly scheduled in19 spections that assess the entire covered oper20 ation using an infrared camera or other equip21 ment with methods that provide overall at least 

22 equivalent sensitivity and effectiveness in de23 tecting leaks on a timely basis; 

24 ‘‘(L) require any leaks found to be re25 paired promptly, and in any case not later than 


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1 4 weeks after the discovery of the leak, except 

2 where exceptional circumstances warrant an ex3 tension of not more than 8 additional weeks; 

4 and 

5 ‘‘(M) require recordkeeping for— 

6 ‘‘(i) equipment maintenance; 

7 ‘‘(ii) leak detection and repair; 

8 ‘‘(iii) venting events; 

9 ‘‘(iv) flaring events; and 

10 ‘‘(v) such other operations as the Sec11 retary determines appropriate to reduce 

12 and prevent gas release. 

13 ‘‘(b) GAS MEASURING, REPORTING, AND TRANS14 PARENCY REQUIREMENTS.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall, not 

16 later than one year after the date of enactment of 

17 this section, issue regulations requiring each oper18 ator to measure and report, with respect to all gas 

19 subject to the mineral leasing laws, all such gas pro20 duced, consumed on site, or lost through venting, 

21 flaring, or fugitive releases. 

22 ‘‘(2) MEASURING AND REPORTING REQUIRE23 MENTS.—To account for all gas referred to in para24 graph (1), the Secretary shall issue regulations re25 quiring each operator to— 


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1 ‘‘(A) measure all production and disposi2 tion of gas with such accuracy that fugitive gas 

3 releases can be calculated; 

4 ‘‘(B) install metering devices to measure 

5 all flared gas; and 

6 ‘‘(C) report to the Secretary the volumes of 

7 gas measured under the requirements described 

8 in subparagraph (A), including— 

9 ‘‘(i) all new measured values for pro10 duction and disposition, including vented 

11 and flared volumes; and 

12 ‘‘(ii) values for fugitive releases based 

13 on guidelines for their calculation estab14 lished by the Secretary in such regulations. 

15 ‘‘(3) TRANSPARENCY.—The Secretary shall 

16 make all new data produced under the requirements 

17 established by the Secretary under this subsection, 

18 including calculated fugitive releases and volumes of 

19 gas lost to venting and flaring, publicly available 

20 through the internet— 

21 ‘‘(A) without a fee or other access charge; 

22 ‘‘(B) in a searchable, sortable, and 

23 downloadable manner, to the extent technically 

24 possible; and 


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1 ‘‘(C) as soon as technically practicable 

2 after the report by the operator is filed. 

3 ‘‘(c) APPLICATION.—Except as otherwise specified in 

4 this section, the requirements established by the Secretary 

5 under this section shall apply to— 

6 ‘‘(1) the construction and operation of any cov7 ered operation initiated, including the refracturing of 

8 existing wells, on or after the date of the issuance 

9 of regulations under this section; and 

10 ‘‘(2) after the end of the 1-year period begin11 ning on the date of the issuance of such regulations, 

12 any covered operation initiated before the date of the 

13 issuance of such regulations. 

14 ‘‘(d) ENFORCEMENT MECHANISMS.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall include 

16 in the regulations issued under this section con17 sistent enforcement mechanisms for covered oper18 ations that are not in compliance with the require19 ments established by the regulations. 

20 ‘‘(2) REQUIREMENTS.—The Secretary shall in21 clude in the enforcement mechanisms described in 

22 paragraph (1)— 

23 ‘‘(A) civil penalties for unauthorized vent24 ing and flaring, which shall— 


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1 ‘‘(i) apply in lieu of the penalties and 

2 related provisions under section 109; and 

3 ‘‘(ii) include production restrictions 

4 and civil monetary penalties equivalent to 

5 3 times the market value of the vented or 

6 flared gas; and 

7 ‘‘(B) civil penalties that apply to non8 compliance with other new or existing proce9 dures, which shall— 

10 ‘‘(i) apply in addition to or in lieu of 

11 the penalties and related provisions under 

12 section 109; 

13 ‘‘(ii) include production restrictions or 

14 monetary penalties, or both; and 

15 ‘‘(iii) in the case of monetary pen16 alties, be proportional to market condi17 tions. 

18 ‘‘(e) DEFINITIONS.—In this section: 

19 ‘‘(1) CAPTURE.—The term ‘capture’ means the 

20 physical containment of natural gas for transpor21 tation to market or productive use of natural gas, 

22 and includes reinjection and royalty-free on-site 

23 uses. 

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1 that are subject to mineral leasing law or title V of 

2 the Federal Land Policy and Management Act of 

3 1976 (30 U.S.C. 1761 et seq.), regardless of size, in4 cluding production, storage, gathering, processing, 

5 and handling operations. 

6 ‘‘(3) FLARE AND FLARING.—The terms ‘flare’ 

7 and ‘flaring’ mean the intentional and controlled 

8 burning of gas that occurs in the course of oil and 

9 gas operations to limit release of gas to the atmos10 phere. 

11 ‘‘(4) FUGITIVE RELEASE.—The term ‘fugitive 

12 release’ means the unintentional and uncontrolled 

13 release of gas into the atmosphere in the course of 

14 oil and gas operations. 

15 ‘‘(5) GAS CAPTURE PLAN.—The term ‘gas cap16 ture plan’ means a plan that includes specific goals, 

17 including equipment and timelines, for capturing, 

18 gathering, and processing gas produced under an oil 

19 or gas lease. 

20 ‘‘(6) GAS RELEASE.—The term ‘gas release’ in21 cludes all gas that is discharged to the atmosphere 

22 via venting or fugitive release. 

23 ‘‘(7) VENT AND VENTING.—The terms ‘vent’ 

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1 lease of gas into the atmosphere in the course of oil 

2 and gas operations.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 in section 1 of such Act is amended by inserting after the 

5 item relating to section 117 the following: 

‘‘Sec. 118. Gas waste reduction and enhancement of gas measuring and reporting.’’. 

6 (c) UPDATES.—The Secretary of the Interior shall 

7 update the regulations required by the amendments made 

8 by this section when the Secretary determines appropriate, 

9 but no less frequently than once every ten years, to reflect 

10 new information regarding gas waste, the impacts of that 

11 waste, and the availability of technologies and perform12 ance measures to reduce gas waste. 

13 (d) APPLICATION OF PRIOR RULE.—The final rule 

14 entitled ‘‘Waste Prevention, Production Subject to Royal15 ties, and Resource Conservation’’, as published in the Fed16 eral Register November 18, 2016 (81 Fed. Reg. 83008), 

17 is hereby reinstated, and each of its provisions shall apply 

18 unless and until the effective date of a subsequent final 

19 rule promulgated under the amendment made by sub20 section (a), or promulgated under another applicable au21 thority, that replaces or repeals such provision. 

22 (e) ASSESSMENT OF VENTING, FLARING, AND FUGI23 TIVE RELEASES.—Not later than 180 days after the end 

24 of the 1-year period beginning on the date the Secretary 


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1 of the Interior first receives data submitted under the re2 quirements established under subsection (b) of section 118 

3 of the Federal Oil and Gas Royalty Management Act of 

4 1982, as amended by this section, the Secretary shall— 

5 (1) submit a report to Congress describing— 

6 (A) the volume of fugitive releases, and gas 

7 consumed or lost by venting and flaring, from 

8 covered operations (as those terms are used in 

9 such section); and 

10 (B) additional regulations the Secretary 

11 considers would help further curtail venting, 

12 flaring, and fugitive releases, or the rational 

13 basis for not issuing such additional regulations 

14 if the Secretary considers additional regulations 

15 would not be appropriate to further curtail 

16 venting, flaring, and fugitive releases; and 

17 (2) issue regulations described in the report re18 quired by paragraph (1)(B) not later than 1 year 

19 after the date of the submission of the report. 

20 Subtitle G—Open Back Better 

21 SEC. 12701. FACILITIES ENERGY RESILIENCY. 

22 (a) DEFINITIONS.—In this section: 

23 (1) COVERED PROJECT.—The term ‘‘covered 

24 project’’ means a building project at an eligible facil25 ity that— 


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1 (A) increases— 

2 (i) resiliency, including— 

3 (I) public health and safety; 

4 (II) power outages; 

5 (III) natural disasters; 

6 (IV) indoor air quality; and 

7 (V) any modifications neces8 sitated by the COVID–19 pandemic; 

9 (ii) energy efficiency; 

10 (iii) renewable energy; and 

11 (iv) grid integration; and 

12 (B) may have combined heat and power 

13 and energy storage as project components. 

14 (2) EARLY CHILDHOOD EDUCATION PRO15 GRAM.—The term ‘‘early childhood education pro16 gram’’ has the meaning given the term in section 

17 103 of the Higher Education Act of 1965 (20 

18 U.S.C. 1003). 

19 (3) ELEMENTARY SCHOOL.—The term ‘‘elemen20 tary school’’ has the meaning given the term in sec21 tion 8101 of the Elementary and Secondary Edu22 cation Act of 1965 (20 U.S.C. 7801). 

23 (4) ELIGIBLE FACILITY.—The term ‘‘eligible fa24 cility’’ means a public facility, as determined by the 

25 Secretary, including— 


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1 (A) a public school, including an elemen2 tary school and a secondary school; 

3 (B) a facility used to operate an early 

4 childhood education program; 

5 (C) a local educational agency; 

6 (D) a medical facility; 

7 (E) a local or State government building; 

8 (F) a community facility; 

9 (G) a public safety facility; 

10 (H) a day care center; 

11 (I) an institution of higher education; 

12 (J) a public library; and 

13 (K) a wastewater treatment facility. 

14 (5) ENVIRONMENTAL JUSTICE COMMUNITY.— 

15 The term ‘‘environmental justice community’’ means 

16 a community with significant representation of com17 munities of color, low income communities, or Tribal 

18 and indigenous communities, that experiences, or is 

19 at risk of experiencing, higher or more adverse 

20 human health or environmental effects. 

21 (6) INSTITUTION OF HIGHER EDUCATION.—The 

22 term ‘‘institution of higher education’’ has the 

23 meaning given the term in section 101 of the Higher 

24 Education Act of 1965 (20 U.S.C. 1001). 


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1 (7) LOCAL EDUCATIONAL AGENCY.—The term 

2 ‘‘local educational agency’’ has the meaning given 

3 the term in section 8101 of the Elementary and Sec4 ondary Education Act of 1965 (20 U.S.C. 7801). 

5 (8) LOW INCOME.—The term ‘‘low income’’, 

6 with respect to a household, means an annual house7 hold income equal to, or less than, the greater of— 

8 (A) 80 percent of the median income of the 

9 area in which the household is located, as re10 ported by the Department of Housing and 

11 Urban Development; and 

12 (B) 200 percent of the Federal poverty 

13 line. 

14 (9) LOW INCOME COMMUNITY.—The term ‘‘low 

15 income community’’ means a census block group in 

16 which not less than 30 percent of households are low 

17 income. 

18 (10) SECONDARY SCHOOL.—The term ‘‘sec19 ondary school’’ has the meaning given the term in 

20 section 8101 of the Elementary and Secondary Edu21 cation Act of 1965 (20 U.S.C. 7801). 

22 (11) SECRETARY.—The term ‘‘Secretary’’ 

23 means the Secretary of Energy. 


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1 (12) STATE.—The term ‘‘State’’ has the mean2 ing given the term in section 3 of the Energy Policy 

3 and Conservation Act (42 U.S.C. 6202). 

4 (13) STATE ENERGY PROGRAM.—The term 

5 ‘‘State Energy Program’’ means the State Energy 

6 Program established under part D of title III of the 

7 Energy Policy and Conservation Act (42 U.S.C. 

8 6321 et seq.). 

9 (14) TRIBAL ORGANIZATION.— 

10 (A) IN GENERAL.—The term ‘‘tribal orga11 nization’’ has the meaning given the term in 

12 section 3765 of title 38, United States Code. 

13 (B) TECHNICAL AMENDMENT.—Section 

14 3765(4) of title 38, United States Code, is 

15 amended by striking ‘‘section 4(l) of the Indian 

16 Self-Determination and Education Assistance 

17 Act (25 U.S.C. 450b(l))’’ and inserting ‘‘section 

18 4 of the Indian Self-Determination and Edu19 cation Assistance Act (25 U.S.C. 5304)’’. 

20 (b) STATE PROGRAMS.— 

21 (1) ESTABLISHMENT.—Not later than 60 days 

22 after the date of enactment of this Act, the Sec23 retary shall distribute grants to States under the 

24 State Energy Program, in accordance with the alloVerDate Sep 11 2014 00:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 01182 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.RFS H4447

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1 cation formula established under that Program, to 

2 implement covered projects. 

3 (2) USE OF FUNDS.— 

4 (A) IN GENERAL.—Subject to subpara5 graph (B), grant funds under paragraph (1) 

6 may be used for technical assistance, project fa7 cilitation, and administration. 

8 (B) TECHNICAL ASSISTANCE.—A State 

9 may use not more than 10 percent of grant 

10 funds received under paragraph (1) to provide 

11 technical assistance for the development, facili12 tation, management, oversight, and measure13 ment of results of covered projects implemented 

14 using those funds. 

15 (C) ENVIRONMENTAL JUSTICE AND OTHER

16 COMMUNITIES.—To support communities ad17 versely impacted by the COVID–19 pandemic, a 

18 State shall use not less than 40 percent of 

19 grant funds received under paragraph (1) to 

20 implement covered projects in environmental 

21 justice communities or low income communities. 

22 (D) PRIVATE FINANCING.—A State receiv23 ing a grant under paragraph (1) shall— 

24 (i) to the extent practicable, leverage 

25 private financing for cost-effective energy 


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1 efficiency, renewable energy, resiliency, and 

2 other smart-building improvements, such 

3 as by entering into an energy service per4 formance contract; but 

5 (ii) maintain the use of grant funds to 

6 carry out covered projects with more 

7 project resiliency, public health, and cap8 ital-intensive efficiency and emission reduc9 tion components than are typically avail10 able through private energy service per11 formance contracts. 

12 (E) GUIDANCE.—In carrying out a covered 

13 project using grant funds received under para14 graph (1), a State shall, to the extent prac15 ticable, adhere to guidance developed by the 

16 Secretary pursuant to the American Recovery 

17 and Reinvestment Act of 2009 (Public Law 

18 111–5; 123 Stat. 115) relating to distribution 

19 of funds, if that guidance will speed the dis20 tribution of funds under this subsection. 

21 (3) NO MATCHING REQUIREMENT.—Notwith22 standing any other provision of law, a State receiv23 ing a grant under paragraph (1) shall not be re24 quired to provide any amount of matching funding. 


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1 (4) REPORT.—Not later than 1 year after the 

2 date on which grants are distributed under para3 graph (1), and each year thereafter until the funds 

4 appropriated under paragraph (5) are no longer 

5 available, the Secretary shall submit a report on the 

6 use of those funds (including in the communities de7 scribed in paragraph (2)(C)) to— 

8 (A) the Subcommittee on Energy and 

9 Water Development of the Committee on Ap10 propriations of the Senate; 

11 (B) the Subcommittee on Energy and 

12 Water Development and Related Agencies of 

13 the Committee on Appropriations of the House 

14 of Representatives; 

15 (C) the Committee on Energy and Natural 

16 Resources of the Senate; 

17 (D) the Committee on Energy and Com18 merce of the House of Representatives; and 

19 (E) the Committee on Education and 

20 Labor of the House of Representatives. 

21 (5) FUNDING.—In addition to any amounts 

22 made available to the Secretary to carry out the 

23 State Energy Program, there is authorized to be ap24 propriated to the Secretary $18,000,000,000 to 


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1 carry out this subsection, to remain available until 

2 September 30, 2025. 

3 (6) SUPPLEMENT, NOT SUPPLANT.—Funds 

4 made available under paragraph (5) shall supple5 ment, not supplant, any other funds made available 

6 to States for the State Energy Program or the 

7 weatherization assistance program established under 

8 part A of title IV of the Energy Conservation and 

9 Production Act (42 U.S.C. 6861 et seq.). 

10 (c) FEDERAL ENERGY MANAGEMENT PROGRAM.— 

11 (1) IN GENERAL.—Not later than 60 days after 

12 the date of enactment of this Act, the Secretary 

13 shall use the funds appropriated under paragraph 

14 (4) to provide grants under the AFFECT program 

15 under the Federal Energy Management Program of 

16 the Department of Energy to implement covered 

17 projects. 

18 (2) PRIVATE FINANCING.—A recipient of a 

19 grant under paragraph (1) shall— 

20 (A) to the extent practicable, leverage pri21 vate financing for cost-effective energy effi22 ciency, renewable energy, resiliency, and other 

23 smart-building improvements, such as by enter24 ing into an energy service performance contract; 

25 but 


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1 (B) maintain the use of grant funds to 

2 carry out covered projects with more project re3 siliency, public health, and capital-intensive effi4 ciency and emission reduction components than 

5 are typically available through private energy 

6 service performance contracts. 

7 (3) REPORT.—Not later than 1 year after the 

8 date on which grants are distributed under para9 graph (1), and each year thereafter until the funds 

10 appropriated under paragraph (4) are no longer 

11 available, the Secretary shall submit a report on the 

12 use of those funds to— 

13 (A) the Subcommittee on Energy and 

14 Water Development of the Committee on Ap15 propriations of the Senate; 

16 (B) the Subcommittee on Energy and 

17 Water Development and Related Agencies of 

18 the Committee on Appropriations of the House 

19 of Representatives; 

20 (C) the Committee on Energy and Natural 

21 Resources of the Senate; 

22 (D) the Committee on Energy and Com23 merce of the House of Representatives; and 

24 (E) the Committee on Education and 

25 Labor of the House of Representatives. 


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1 (4) FUNDING.—In addition to any amounts 

2 made available to the Secretary to carry out the AF3 FECT program described in paragraph (1), there is 

4 authorized to be appropriated to the Secretary 

5 $500,000,000 to carry out this subsection, to remain 

6 available until September 30, 2025. 

7 (d) TRIBAL ORGANIZATIONS.— 

8 (1) IN GENERAL.—Not later than 60 days after 

9 the date of enactment of this Act, the Secretary, act10 ing through the head of the Office of Indian Energy, 

11 shall distribute funds made available under para12 graph (3) to tribal organizations to implement cov13 ered projects. 

14 (2) REPORT.—Not later than 1 year after the 

15 date on which funds are distributed under para16 graph (1), and each year thereafter until the funds 

17 made available under paragraph (3) are no longer 

18 available, the Secretary shall submit a report on the 

19 use of those funds to— 

20 (A) the Subcommittee on Energy and 

21 Water Development of the Committee on Ap22 propriations of the Senate; 

23 (B) the Subcommittee on Energy and 

24 Water Development and Related Agencies of 


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1 the Committee on Appropriations of the House 

2 of Representatives; 

3 (C) the Committee on Energy and Natural 

4 Resources of the Senate; 

5 (D) the Committee on Energy and Com6 merce of the House of Representatives; and 

7 (E) the Committee on Education and 

8 Labor of the House of Representatives. 

9 (3) FUNDING.—There is authorized to be ap10 propriated to the Secretary $1,500,000,000 to carry 

11 out this subsection, to remain available until Sep12 tember 30, 2025. 

13 (e) USE OF AMERICAN IRON, STEEL, AND MANUFAC14 TURED GOODS.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), none of the funds made available by or 

17 pursuant to this section may be used for a covered 

18 project unless all of the iron, steel, and manufac19 tured goods used in the project are produced in the 

20 United States. 

21 (2) EXCEPTIONS.—The requirement under 

22 paragraph (1) shall be waived by the head of the rel23 evant Federal department or agency in any case or 

24 category of cases in which the head of the relevant 

25 Federal department or agency determines that— 


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1 (A) adhering to that requirement would be 

2 inconsistent with the public interest; 

3 (B) the iron, steel, and manufactured 

4 goods needed for the project are not produced 

5 in the United States— 

6 (i) in sufficient and reasonably avail7 able quantities; and 

8 (ii) in a satisfactory quality; or 

9 (C) the inclusion of iron, steel, and rel10 evant manufactured goods produced in the 

11 United States would increase the overall cost of 

12 the project by more than 25 percent. 

13 (3) WAIVER PUBLICATION.—If the head of a 

14 Federal department or agency makes a determina15 tion under paragraph (2) to waive the requirement 

16 under paragraph (1), the head of the Federal de17 partment or agency shall publish in the Federal 

18 Register a detailed justification for the waiver. 

19 (4) INTERNATIONAL AGREEMENTS.—This sub20 section shall be applied in a manner consistent with 

21 the obligations of the United States under all appli22 cable international agreements. 

23 (f) WAGE RATE REQUIREMENTS.— 

24 (1) IN GENERAL.—Notwithstanding any other 

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1 ployed by contractors and subcontractors on projects 

2 funded directly or assisted in whole or in part by the 

3 Federal Government pursuant to this section shall 

4 be paid wages at rates not less than those prevailing 

5 on projects of a similar character in the locality, as 

6 determined by the Secretary of Labor in accordance 

7 with subchapter IV of chapter 31 of title 40, United 

8 States Code (commonly known as the ‘‘Davis-Bacon 

9 Act’’). 

10 (2) AUTHORITY.—With respect to the labor 

11 standards specified in paragraph (1), the Secretary 

12 of Labor shall have the authority and functions set 

13 forth in Reorganization Plan Numbered 14 of 1950 

14 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 

15 title 40, United States Code. 

16 SEC. 12702. PERSONNEL. 

17 (a) IN GENERAL.—To carry out section 12701, the 

18 Secretary of Energy shall hire within the Department of 

19 Energy— 

20 (1) not less than 300 full-time employees in the 

21 Office of Energy Efficiency and Renewable Energy; 

22 (2) not less than 100 full-time employees, to be 

23 distributed among— 

24 (A) the Office of General Counsel; 

25 (B) the Office of Procurement Policy; 


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1 (C) the Golden Field Office; 

2 (D) the National Energy Technology Lab3 oratory; and 

4 (E) the Office of the Inspector General; 

5 and 

6 (3) not less than 20 full-time employees in the 

7 Office of Indian Energy. 

8 (b) TIMELINE.—Not later than 60 days after the 

9 date of enactment of this Act, the Secretary shall— 

10 (1) hire all personnel under subsection (a); or 

11 (2) certify that the Secretary is unable to hire 

12 all personnel by the date required under this sub13 section. 

14 (c) CONTRACT HIRES.— 

15 (1) IN GENERAL.—If the Secretary makes a 

16 certification under subsection (b)(2), the Secretary 

17 may hire on a contract basis not more than 50 per18 cent of the personnel required to be hired under sub19 section (a). 

20 (2) DURATION.—An individual hired on a con21 tract basis under paragraph (1) shall have an em22 ployment term of not more than 1 year. 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to the Secretary to carry 


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1 out this section $84,000,000 for each of fiscal years 2021 

2 through 2031. 

3 (e) REPORT.—Not later than 60 days after the date 

4 of enactment of this Act, and annually thereafter for 2 

5 years, the Secretary shall submit a report on progress 

6 made in carrying out subsection (a) to— 

7 (1) the Subcommittee on Energy and Water 

8 Development of the Committee on Appropriations of 

9 the Senate; 

10 (2) the Subcommittee on Energy and Water 

11 Development and Related Agencies of the Committee 

12 on Appropriations of the House of Representatives; 

13 (3) the Committee on Energy and Natural Re14 sources of the Senate; 

15 (4) the Committee on Energy and Commerce of 

16 the House of Representatives; and 

17 (5) the Committee on Education and Labor of 

18 the House of Representatives. 

19 Subtitle H—Zeroing Excess, Reduc20 ing Organic Waste, and Sus21 taining Technical Expertise 

22 SEC. 12801. GRANT PROGRAM. 

23 (a) IN GENERAL.—The Administrator shall establish 

24 and carry out a program to award grants, on a competitive 


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1 basis, to eligible entities for projects that are consistent 

2 with zero-waste practices. 

3 (b) GRANT USE.— 

4 (1) ORGANICS RECYCLING INFRASTRUCTURE.— 

5 An eligible entity receiving a grant under this sub6 title may use grant funds to carry out a project re7 lating to organics recycling infrastructure, including 

8 facilities, machinery, equipment, and other physical 

9 necessities required for organics collection or proc10 essing on a city-wide or county-wide scale, provided 

11 that— 

12 (A) implementation of such project— 

13 (i) results in increased capacity for 

14 residential and commercial source sepa15 rated organics streams; and 

16 (ii) generates a usable product that 

17 has demonstrable environmental benefits 

18 when compared to the input materials, 

19 such as compost with added nutritional 

20 content; and 

21 (B) such project does not include mixed22 waste composting. 

23 (2) ELECTRONIC WASTE REUSE AND RECY24 CLING.—An eligible entity receiving a grant under 

25 this subtitle may use grant funds to carry out a 


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1 project relating to electronic waste reuse or recy2 cling, including infrastructure and technology, re3 search and development, and product refurbishment, 

4 provided that such project— 

5 (A) does not include an electronic waste 

6 ‘‘buy-back’’ program that provides compensa7 tion for used electronics where such compensa8 tion is applied as a credit toward the purchase 

9 of additional electronics; and 

10 (B) is carried out by an organization cer11 tified in sustainable electronic waste standards 

12 by an organization accredited by the National 

13 Accreditation Board of the American National 

14 Standards Institute & The American Society of 

15 Quality, or another accrediting body as deter16 mined appropriate by the Administrator. 

17 (3) SOURCE REDUCTION.—An eligible entity re18 ceiving a grant under this subtitle may use grant 

19 funds to carry out a project relating to source reduc20 tion, and such project may include— 

21 (A) educational programming and outreach 

22 activities to encourage behavioral changes in 

23 consumers that result in source reduction; and 


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1 (B) product or manufacturing redesign or 

2 redevelopment to reduce byproducts, packaging, 

3 and other outputs if— 

4 (i) the applicable manufacturer— 

5 (I) is domestically-owned and op6 erated; and 

7 (II) pays a living wage; and 

8 (ii) the redevelopment or redesign 

9 does not result in higher toxicity of the 

10 product or byproducts, more complicated 

11 recyclability of the product or byproducts, 

12 or increased volume of byproducts com13 pared with the original practice. 

14 (4) MARKET DEVELOPMENT.—An eligible entity 

15 receiving a grant under this subtitle may use grant 

16 funds to carry out a project relating to market de17 velopment with respect to source reduction and 

18 waste prevention, including by creating demand for 

19 sorted recyclable commodities and refurbished goods 

20 and promoting domestically-owned and operated 

21 manufacturing for projects relating to source reduc22 tion or waste prevention, provided that such 

23 project— 


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1 (A) targets easily or commonly recycled 

2 materials which are disproportionately disposed 

3 of in landfills or incinerated; 

4 (B) addresses the reduction of the volume, 

5 weight, or toxicity of waste and waste byprod6 ucts; and 

7 (C) does not conflict with— 

8 (i) minimum-content laws, such as 

9 post-consumer recycled content require10 ments; 

11 (ii) beverage container deposits; 

12 (iii) programs funded through retail 

13 fees for specific products or classes of 

14 products that use such fees to collect, 

15 treat, or recycle such products; or 

16 (iv) any applicable recycled product 

17 procurement laws and expanded sustain18 able government purchasing requirements, 

19 as identified by the Administrator. 

20 SEC. 12802. GRANT AWARDS. 

21 (a) APPLICATION.— 

22 (1) CRITERIA FOR ALL APPLICANTS.—To be eli23 gible to receive a grant under this subtitle, an eligi24 ble entity shall submit to the Administrator an ap25 plication at such time and in such form as the AdVerDate Sep 11 2014 00:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 01197 Fmt 6652 Sfmt 6201 E:\BILLS\H4447.RFS H4447

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1 ministrator requires, demonstrating that the eligible 

2 entity— 

3 (A) has set specific source reduction or 

4 waste prevention targets; 

5 (B) will carry out such project in commu6 nities that are in the 80th percentile or higher 

7 for one or more pollutants as noted in the 

8 EJSCREEN tool, or any successor system, of 

9 the Environmental Protection Agency; and 

10 (C) will carry out a project that meets the 

11 applicable project requirements under section 

12 12701(b). 

13 (2) ADDITIONAL APPLICATION CRITERIA FOR

14 NONPROFIT ORGANIZATION.—In the case of an ap15 plication from an eligible entity that is a nonprofit 

16 organization, the application shall include a letter of 

17 support for the proposed project— 

18 (A) from— 

19 (i) a local unit of government; or— 

20 (ii) a nonprofit organization that— 

21 (I) has a demonstrated history of 

22 undertaking work in the geographic 

23 region where the proposed project is 

24 to take place; and 


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1 (II) is not involved in the project 

2 being proposed; and 

3 (B) containing such information as the Ad4 ministrator may require. 

5 (b) PRIORITY FACTORS.— 

6 (1) IN GENERAL.—In awarding grants under 

7 this subtitle, the Administrator shall give priority to 

8 eligible entities that— 

9 (A) have statutorily committed to imple10 menting zero-waste practices; 

11 (B) demonstrate how the project to be car12 ried out with grant funds could lead to the cre13 ation of new jobs that pay a living wage, with 

14 preference for projects that create jobs for indi15 viduals with barriers to employment, as deter16 mined by the Administrator; 

17 (C) will use grant funds for source reduc18 tion or waste prevention in schools; 

19 (D) will use grant funds to employ adapt20 ive management practices to identify, prevent, 

21 or address any negative environmental con22 sequences of the proposed project; 

23 (E) have a demonstrated need for addi24 tional investment in infrastructure and projects 

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1 tion targets set by the local unit of government 

2 that is responsible for waste and recycling 

3 projects in the geographic area; 

4 (F) will use grant funds to develop innova5 tive or new technologies and strategies for 

6 source reduction and waste prevention; 

7 (G) demonstrate how receiving the grant 

8 will encourage further investment in source re9 duction and waste prevention projects; or 

10 (H) will incorporate multi-stakeholder in11 volvement, including nonprofit, commercial, and 

12 public sector partners, in carrying out a project 

13 using grant funds. 

14 (2) ZERO-WASTE HIERARCHY.—In determining 

15 priority between multiple eligible entities who qualify 

16 for priority under paragraph (1), the Administrator 

17 shall grant first priority to an eligible entity that can 

18 demonstrate how the zero-waste hierarchy was con19 sidered with respect to the project to be carried out 

20 with grant funds. 

21 SEC. 12803. REPORTING. 

22 An eligible entity receiving a grant under this subtitle 

23 shall report to the Administrator, at such time and in such 

24 form as the Administrator may require, on the results of 

25 the project carried out with grant funds and any relevant 


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1 data requested by the Administrator to track the effective2 ness of the program established under section 12701(a). 

3 SEC. 12804. ANNUAL CONFERENCE. 

4 In each of calendar years 2022 through 2027, the 

5 Administrator shall convene an annual conference for eli6 gible entities, including eligible entities that have received 

7 a grant under this subtitle, and other stakeholders as iden8 tified by the Administrator, to provide an opportunity for 

9 such eligible entities and stakeholders to share experience 

10 and expertise in implementing zero-waste practices. 

11 SEC. 12805. DEFINITIONS. 

12 In this subtitle: 

13 (1) ADAPTIVE MANAGEMENT PRACTICES.—The 

14 term ‘‘adaptive management practices’’ means, with 

15 respect to a project, the integration of project de16 sign, management, and monitoring to identify 

17 project impacts and outcomes as they arise and ad18 just behaviors to improve outcomes. 

19 (2) ADMINISTRATOR.—The term ‘‘Adminis20 trator’’ means the Administrator of the Environ21 mental Protection Agency. 

22 (3) DOMESTICALLY-OWNED AND OPERATED.— 

23 The term ‘‘domestically-owned and operated’’ means, 

24 with respect to a business, a business with— 


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1 (A) headquarters located within the United 

2 States; and 

3 (B) primary operations carried out in the 

4 United States. 

5 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti6 ty’’ means— 

7 (A) a single unit of State, local, or Tribal 

8 government; 

9 (B) a consortium of multiple units of 

10 State, local, or Tribal government; 

11 (C) one or more units of State, local, or 

12 Tribal government in coordination with for13 profit or nonprofit organizations; or 

14 (D) one or more incorporated nonprofit or15 ganizations. 

16 (5) EMBODIED ENERGY.—The term ‘‘embodied 

17 energy’’ means energy that was used to create a 

18 product or material. 

19 (6) LIVING WAGE.—The term ‘‘living wage’’ 

20 means the minimum income necessary to allow a 

21 person working 40 hours per week to afford the cost 

22 of housing, food, and other material necessities. 

23 (7) ORGANICS RECYCLING.—The term 

24 ‘‘organics recycling’’ means the biological processes 


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1 by which organics streams are converted to compost 

2 which is not harmful to humans, plants, or animals. 

3 (8) RECYCLING.—The term ‘‘recycling’’— 

4 (A) means the mechanical processing of 

5 material that has reached the end of its current 

6 use into material to be used in the production 

7 of new products; 

8 (B) does not include incineration or any 

9 other energy recovery process; and 

10 (C) does not include depolymerization or a 

11 similar process. 

12 (9) REUSE.—The term ‘‘reuse’’— 

13 (A) means— 

14 (i) using a product, packaging, or re15 source more than once for the same or a 

16 new function with little to no processing; 

17 or 

18 (ii) repairing a product so it can be 

19 used longer, sharing or renting it, or sell20 ing or donating it to another party; and 

21 (B) does not include incineration. 

22 (10) SOURCE REDUCTION.—The term ‘‘source 

23 reduction’’— 

24 (A) includes— 


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1 (i) activities that reduce consumption 

2 of products or services that create physical 

3 outputs, such as packaging, that is sec4 ondary to the intended use of the item 

5 being consumed; 

6 (ii) measures or techniques that re7 duce the amount of waste generated during 

8 production processes; and 

9 (iii) the reduction or elimination of 

10 the use of materials which are not able to 

11 be recycled without degrading the quality 

12 of the material; and 

13 (B) does not include incineration. 

14 (11) SOURCE SEPARATED.—The term ‘‘source 

15 separated’’— 

16 (A) means the separation of a stream of 

17 recyclable materials at the point of waste cre18 ation before the materials are collected and cen19 tralized; and 

20 (B) does not include technologies that sort 

21 mixed municipal solid waste into recyclable and 

22 non-recyclable materials. 

23 (12) WASTE PREVENTION.—The term ‘‘waste 

24 prevention’’ includes reuse, recycling, and other 


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1 methods to reduce the amount of materials disposed 

2 of in landfills or incinerated. 

3 (13) ZERO-WASTE.—The term ‘‘zero-waste’’ 

4 means the conservation of all resources by means of 

5 responsible production, consumption, reuse, and re6 covery of products, packaging, and materials without 

7 burning or otherwise destroying embodied energy, 

8 with no discharges to land, water, or air that threat9 en the environment or human health. 

10 (14) ZERO-WASTE PRACTICE.—The term ‘‘zero11 waste practice’’ means a practice used to help 

12 achieve zero-waste, including source reduction and 

13 waste prevention. 

14 SEC. 12806. AUTHORIZATION OF APPROPRIATIONS. 

15 There is authorized to be appropriated to the Admin16 istrator to carry out this subtitle $250,000,000 for the pe17 riod of fiscal years 2021 through 2028. 

18 Subtitle I—Radon Abatement 

19 Reauthorization 

20 SEC. 12901. TECHNICAL ASSISTANCE TO STATES FOR 

21 RADON PROGRAMS REAUTHORIZED. 

22 Section 305(e) of the Toxic Substances Control Act 

23 (15 U.S.C. 2665(e)) is amended by striking ‘‘1989, 1990, 

24 and 1991’’ and inserting ‘‘2021, 2022, and 2023’’. 


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1 SEC. 12902. GRANT ASSISTANCE TO STATES FOR RADON 

2 PROGRAMS REAUTHORIZED. 

3 Section 306(j) of the Toxic Substances Control Act 

4 (15 U.S.C. 2666(j)) is amended by striking ‘‘1989, 1990, 

5 and 1991’’ and inserting ‘‘2021, 2022, and 2023’’. 

6 SEC. 12903. REGIONAL RADON TRAINING CENTERS REAU7 THORIZED. 

8 Section 308(f) of the Toxic Substances Control Act 

9 (15 U.S.C. 2668(f)) is amended by striking ‘‘1989, 1990, 

10 and 1991’’ and inserting ‘‘2021, 2022, and 2023’’. 

Passed the House of Representatives September 24, 

2020. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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