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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2300 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  1st Session
                                S. 2300

To amend the Energy Independence and Security Act of 2007 to establish 
   a program to incentivize innovation and to enhance the industrial 
  competitiveness of the United States by developing technologies to 
    reduce emissions of nonpower industrial sectors, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2019

 Mr. Whitehouse (for himself, Mrs. Capito, Mr. Manchin, Mr. Braun, Mr. 
Booker, and Ms. Collins) introduced the following bill; which was read 
  twice and referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
To amend the Energy Independence and Security Act of 2007 to establish 
   a program to incentivize innovation and to enhance the industrial 
  competitiveness of the United States by developing technologies to 
    reduce emissions of nonpower industrial sectors, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Industrial Technology Act of 
2019'' or the ``CIT Act of 2019''.

SEC. 2. PURPOSE.

    The purpose of this Act and the amendments made by this Act is to 
encourage the development and evaluation of innovative technologies 
aimed at increasing--
            (1) the technological and economic competitiveness of 
        industry and manufacturing in the United States; and
            (2) the emissions reduction of nonpower industrial sectors.

SEC. 3. INDUSTRIAL EMISSIONS REDUCTION TECHNOLOGY DEVELOPMENT PROGRAM.

    (a) In General.--The Energy Independence and Security Act of 2007 
is amended by inserting after section 453 (42 U.S.C. 17112) the 
following:

``SEC. 454. INDUSTRIAL EMISSIONS REDUCTION TECHNOLOGY DEVELOPMENT 
              PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Director.--The term `Director' means the Director of 
        the Office of Science and Technology Policy.
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) a scientist or other individual with 
                knowledge and expertise in emissions reduction;
                    ``(B) an institution of higher education;
                    ``(C) a nongovernmental organization;
                    ``(D) a National Laboratory;
                    ``(E) a private entity; and
                    ``(F) a partnership or consortium of two or more 
                entities described in subparagraphs (B) through (E).
            ``(3) Emissions reduction.--
                    ``(A) In general.--The term `emissions reduction' 
                means the reduction, to the maximum extent practicable, 
                of net nonwater greenhouse gas emissions to the 
                atmosphere by energy services and industrial processes.
                    ``(B) Exclusion.--The term `emissions reduction' 
                does not include the elimination of carbon embodied in 
                the principal products of industrial manufacturing.
            ``(4) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            ``(5) Program.--The term `program' means the program 
        established under subsection (b)(1).
    ``(b) Industrial Emissions Reduction Technology Development 
Program.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the CIT Act of 2019, the Secretary, in 
        coordination with the Director and in consultation with the 
        heads of relevant Federal agencies, National Laboratories, 
        industry, and institutions of higher education, shall establish 
        a crosscutting industrial emissions reduction technology 
        development program of research, development, demonstration, 
        and commercial application to further the development and 
        commercialization of innovative technologies that--
                    ``(A) increase the technological and economic 
                competitiveness of industry and manufacturing in the 
                United States; and
                    ``(B) achieve emissions reduction in nonpower 
                industrial sectors.
            ``(2) Coordination.--In carrying out the program, the 
        Secretary shall--
                    ``(A) coordinate with each relevant office in the 
                Department and any other Federal agency;
                    ``(B) coordinate and collaborate with the 
                Industrial Technology Innovation Advisory Committee 
                established under section 455; and
                    ``(C) coordinate with the energy-intensive 
                industries program established under section 452.
            ``(3) Leverage of existing resources.--In carrying out the 
        program, the Secretary shall leverage, to the maximum extent 
        practicable--
                    ``(A) existing resources and programs of the 
                Department and other relevant Federal agencies; and
                    ``(B) public-private partnerships.
    ``(c) Focus Areas.--The program shall focus on--
            ``(1) industrial production processes, including 
        technologies and processes that--
                    ``(A) achieve emissions reduction in high-emissions 
                industrial materials production processes, including 
                production processes for iron, steel, steel mill 
                products, aluminum, cement, glass, pulp, paper, and 
                industrial ceramics;
                    ``(B) achieve emissions reduction in medium- and 
                high-temperature heat generation, including--
                            ``(i) through electrification of heating 
                        processes;
                            ``(ii) through renewable heat generation 
                        technology;
                            ``(iii) through combined heat and power; 
                        and
                            ``(iv) by switching to alternative fuels, 
                        including hydrogen;
                    ``(C) achieve emissions reduction in chemical 
                production processes;
                    ``(D) leverage smart manufacturing technologies and 
                principles, digital manufacturing technologies, and 
                advanced data analytics to develop advanced 
                technologies and practices in information, automation, 
                monitoring, computation, sensing, modeling, and 
                networking that--
                            ``(i) simulate manufacturing production 
                        lines;
                            ``(ii) monitor and communicate production 
                        line status;
                            ``(iii) manage and optimize energy 
                        productivity and cost throughout production; 
                        and
                            ``(iv) model, simulate, and optimize the 
                        energy efficiency of manufacturing processes;
                    ``(E) leverage the principles of sustainable 
                manufacturing to minimize the negative environmental 
                impacts of manufacturing while conserving energy and 
                resources, including--
                            ``(i) by designing products that enable 
                        reuse, refurbishment, remanufacturing, and 
                        recycling;
                            ``(ii) by minimizing waste from industrial 
                        processes; and
                            ``(iii) by reducing resource intensity; and
                    ``(F) increase the energy efficiency of industrial 
                processes;
            ``(2) alternative materials that produce fewer emissions 
        during production and result in fewer emissions during use, 
        including--
                    ``(A) innovative building materials;
                    ``(B) high-performance lightweight materials; and
                    ``(C) substitutions for critical materials and 
                minerals;
            ``(3) development of net-zero emission liquid and gaseous 
        fuels;
            ``(4) emissions reduction in shipping, aviation, and long 
        distance transportation, including through the use of 
        alternative fuels;
            ``(5) carbon capture technologies for industrial processes;
            ``(6) high-performance computing to develop advanced 
        materials and manufacturing processes contributing to the focus 
        areas described in paragraphs (1) through (5), including--
                    ``(A) modeling, simulation, and optimization of the 
                design of energy efficient and sustainable products; 
                and
                    ``(B) the use of digital prototyping and additive 
                manufacturing to enhance product design; and
            ``(7) other technologies that achieve net-zero emissions in 
        nonpower industrial sectors, as determined by the Secretary, in 
        coordination with the Director.
    ``(d) Grants, Contracts, Cooperative Agreements, and Demonstration 
Projects.--
            ``(1) Grants.--In carrying out the program, the Secretary 
        shall award grants on a competitive basis to eligible entities 
        for projects that the Secretary determines would best achieve 
        the goals of the program.
            ``(2) Contracts and cooperative agreements.--In carrying 
        out the program, the Secretary may enter into contracts and 
        cooperative agreements with eligible entities and Federal 
        agencies for projects that the Secretary determines would 
        further the purposes of the program.
            ``(3) Demonstration projects.--In supporting technologies 
        developed under this section, the Secretary shall fund 
        demonstration projects that test and validate technologies 
        described in subsection (c).
            ``(4) Application.--An entity seeking funding or a contract 
        or agreement under this subsection shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may require.
            ``(5) Cost sharing.--In awarding funds under this section, 
        the Secretary shall require cost sharing in accordance with 
        section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352).
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Secretary such sums as are necessary to carry out this 
        section for each fiscal year during which the program is in 
        effect.
            ``(2) Demonstration projects.--Subject to the amount 
        appropriated under paragraph (1), not more than $650,000,000 
        shall be used to carry out demonstration projects under 
        subsection (d)(3).''.
    (b) Technical Amendment.--The table of contents of the Energy 
Independence and Security Act of 2007 (Public Law 110-140; 121 Stat. 
1494) is amended by inserting after the item relating to section 453 
the following:

``Sec. 454. Industrial emissions reduction technology development 
                            program.''.

SEC. 4. INDUSTRIAL TECHNOLOGY INNOVATION ADVISORY COMMITTEE.

    (a) In General.--The Energy Independence and Security Act of 2007 
is amended by inserting after section 454 (as added by section 3(a)) 
the following:

``SEC. 455. INDUSTRIAL TECHNOLOGY INNOVATION ADVISORY COMMITTEE.

    ``(a) Definitions.--In this section:
            ``(1) Committee.--The term `Committee' means the Industrial 
        Technology Innovation Advisory Committee established under 
        subsection (b).
            ``(2) Director.--The term `Director' means the Director of 
        the Office of Science and Technology Policy.
            ``(3) Emissions reduction.--The term `emissions reduction' 
        has the meaning given the term in section 454(a).
            ``(4) Program.--The term `program' means the industrial 
        emissions reduction technology development program established 
        under section 454(b)(1).
    ``(b) Establishment.--Not later than 180 days after the date of 
enactment of the CIT Act of 2019, the Secretary, in coordination with 
the Director, shall establish an advisory committee, to be known as the 
`Industrial Technology Innovation Advisory Committee'.
    ``(c) Membership.--
            ``(1) Appointment.--The Committee shall be comprised of not 
        fewer than 14 members, who shall be appointed by the Secretary, 
        in coordination with the Director.
            ``(2) Representation.--Members appointed pursuant to 
        paragraph (1) shall include--
                    ``(A) not less than 1 representative of each 
                relevant Federal agency, as determined by the 
                Secretary;
                    ``(B) not less than 2 representatives of labor 
                groups;
                    ``(C) not less than 3 representatives of the 
                research community, which shall include academia and 
                National Laboratories;
                    ``(D) not less than 2 representatives of 
                nongovernmental organizations;
                    ``(E) not less than 6 representatives of industry, 
                the collective expertise of which shall cover every 
                focus area described in section 454(c); and
                    ``(F) any other individual whom the Secretary, in 
                coordination with the Director, determines to be 
                necessary to ensure that the Committee is comprised of 
                a diverse group of representatives of industry, 
                academia, independent researchers, and public and 
                private entities.
            ``(3) Chair.--The Secretary shall designate a member of the 
        Committee to serve as Chair.
    ``(d) Duties.--
            ``(1) In general.--The Committee shall--
                    ``(A) in consultation with the Secretary and the 
                Director, develop the missions and goals of the 
                program, which shall be consistent with the purposes of 
                the program described in section 454(b)(1); and
                    ``(B) advise the Secretary and the Director with 
                respect to the program--
                            ``(i) by identifying and evaluating any 
                        technologies being developed by the private 
                        sector relating to the focus areas described in 
                        section 454(c);
                            ``(ii) by identifying technology gaps in 
                        the private sector in those focus areas, and 
                        making recommendations to address those gaps;
                            ``(iii) by surveying and analyzing factors 
                        that prevent the adoption of emissions 
                        reduction technologies by the private sector; 
                        and
                            ``(iv) by recommending technology screening 
                        criteria for technology developed under the 
                        program to encourage adoption of the technology 
                        by the private sector; and
                    ``(C) develop the roadmap described in paragraph 
                (2).
            ``(2) Emissions reduction roadmap.--
                    ``(A) Purpose.--The purpose of the roadmap 
                developed under paragraph (1)(C) is to achieve the 
                goals of the program in the focus areas described in 
                section 454(c).
                    ``(B) Contents.--The roadmap developed under 
                paragraph (1)(C) shall--
                            ``(i) specify near-term and long-term 
                        qualitative and quantitative objectives 
                        relating to each focus area described in 
                        section 454(c), including research, 
                        development, demonstration, and commercial 
                        application objectives;
                            ``(ii) specify the anticipated timeframe 
                        for achieving the objectives specified under 
                        clause (i);
                            ``(iii) include plans for developing 
                        emissions reduction technologies that are 
                        globally cost-competitive; and
                            ``(iv) identify the appropriate role for 
                        investment by the Federal Government, in 
                        coordination with the private sector, to 
                        achieve the objectives specified under clause 
                        (i).
    ``(e) Meetings.--
            ``(1) Frequency.--The Committee shall meet not less 
        frequently than 2 times per year, at the call of the Chair.
            ``(2) Initial meeting.--Not later than 30 days after the 
        date on which the members are appointed under subsection (b), 
        the Committee shall hold its first meeting.
    ``(f) Committee Report.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the CIT Act of 2019, and not less frequently than 
        once every 3 years thereafter, the Committee shall submit to 
        the Secretary a report on the progress of achieving the 
        purposes of the program.
            ``(2) Contents.--The report under paragraph (1) shall 
        include--
                    ``(A) a description of any technology innovation 
                opportunities identified by the Committee;
                    ``(B) a description of any technology gaps 
                identified by the Committee under subsection 
                (d)(1)(B)(ii);
                    ``(C) recommendations for improving technology 
                screening criteria and management of the program;
                    ``(D) an evaluation of the progress of the program 
                and the research and development funded under the 
                program;
                    ``(E) any recommended changes to the focus areas of 
                the program described in section 454(c);
                    ``(F) a description of the manner in which the 
                Committee has carried out the duties described in 
                subsection (d)(1) and any relevant findings as a result 
                of carrying out those duties;
                    ``(G) the roadmap developed by the Committee under 
                subsection (d)(1)(C);
                    ``(H) the progress made in achieving the goals set 
                out in that roadmap;
                    ``(I) a review of the management, coordination, and 
                industry utility of the program;
                    ``(J) an assessment of the extent to which progress 
                has been made under the program in developing 
                commercial, cost-competitive technologies in each focus 
                area described in section 454(c); and
                    ``(K) an assessment of the effectiveness of the 
                program in coordinating efforts within the Department 
                and with other Federal agencies to achieve the purposes 
                of the program.
    ``(g) Report to Congress.--Not later than 60 days after receiving a 
report from the Committee under subsection (f), the Secretary shall 
submit a copy of that report to the Committee on Science, Space, and 
Technology of the House of Representatives, the Committee on Energy and 
Natural Resources of the Senate, and any other relevant Committee of 
Congress.
    ``(h) Applicability of Federal Advisory Committee Act.--Except as 
otherwise provided in this section, the Federal Advisory Committee Act 
(5 U.S.C. App.) shall apply to the Committee.''.
    (b) Technical Amendment.--The table of contents of the Energy 
Independence and Security Act of 2007 (Public Law 110-140; 121 Stat. 
1494) (as amended by section 3(b)) is amended by inserting after the 
item relating to section 454 the following:

``Sec. 455. Industrial Technology Innovation Advisory Committee.''.

SEC. 5. TECHNICAL ASSISTANCE PROGRAM TO IMPLEMENT INDUSTRIAL EMISSIONS 
              REDUCTION.

    (a) In General.--The Energy Independence and Security Act of 2007 
is amended by inserting after section 455 (as added by section 4(a)) 
the following:

``SEC. 456. TECHNICAL ASSISTANCE PROGRAM TO IMPLEMENT INDUSTRIAL 
              EMISSIONS REDUCTION.

    ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a State;
                    ``(B) a unit of local government;
                    ``(C) a territory or possession of the United 
                States;
                    ``(D) a relevant State or local office, including 
                an energy office;
                    ``(E) a tribal organization (as defined in section 
                3765 of title 38, United States Code);
                    ``(F) an institution of higher education; and
                    ``(G) a private entity.
            ``(2) Emissions reduction.--The term `emissions reduction' 
        has the meaning given the term in section 454(a).
            ``(3) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            ``(4) Program.--The term `program' means the program 
        established under subsection (b).
    ``(b) Establishment.--Not later than 180 days after the date of 
enactment of the CIT Act of 2019, the Secretary shall establish a 
program to provide technical assistance to eligible entities to carry 
out an activity described in subsection (c).
    ``(c) Activities Described.--An activity referred to in subsection 
(b) is any of the following activities carried out for the purpose of 
achieving emissions reduction in nonpower industrial sectors:
            ``(1) Adopting emissions reduction technologies.
            ``(2) Establishing goals and priorities to accelerate the 
        development and evaluation of relevant technologies.
            ``(3) Developing collaborations across States, local 
        governments, and territories and possessions of the United 
        States.
            ``(4) Reviewing the appropriate emissions reduction options 
        for a particular eligible entity.
            ``(5) Developing a roadmap for emissions reduction for a 
        particular eligible entity.
            ``(6) Any other activity determined appropriate by the 
        Secretary.
    ``(d) Applications.--
            ``(1) In general.--An eligible entity desiring technical 
        assistance under the program shall submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require.
            ``(2) Application process.--The Secretary shall seek 
        applications for technical assistance under the program on a 
        periodic basis, but not less frequently than once every 12 
        months.
            ``(3) Priorities.--In selecting eligible entities for 
        technical assistance under the program, the Secretary shall 
        give priority to an eligible entity--
                    ``(A) carrying out an activity that has the 
                greatest potential for achieving emissions reduction in 
                nonpower industrial sectors;
                    ``(B) located in a State that has historically 
                relied on industrial sectors for a substantial portion 
                of the State economy, as determined by the Secretary, 
                taking into account employment data, per capita income, 
                and other indicators of economic output in the State; 
                or
                    ``(C) located in a State that has experienced 
                significant decline in the economic contribution of 
                industry to the State.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as are necessary to carry out 
this section for each fiscal year during which the program is in 
effect.''.
    (b) Technical Amendment.--The table of contents of the Energy 
Independence and Security Act of 2007 (Public Law 110-140; 121 Stat. 
1494) (as amended by section 4(b)) is amended by inserting after the 
item relating to section 455 the following:

``Sec. 456. Technical assistance program to implement industrial 
                            emissions reduction.''.

SEC. 6. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY EFFICIENT 
              TECHNOLOGIES FOR INDUSTRY.

    Section 6(a) of the American Energy Manufacturing Technical 
Corrections Act (42 U.S.C. 6351(a)) is amended--
            (1) by striking ``Industrial Technologies Program'' each 
        place it appears and inserting ``Advanced Manufacturing 
        Office''; and
            (2) in the matter preceding paragraph (1), by striking 
        ``Office of Energy'' and all that follows through ``Office of 
        Science'' and inserting ``Department of Energy''.
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