II 

117TH CONGRESS 

2D SESSION S. 3987 

To require the Secretary of Energy to provide grants and loan guarantees 

for commercial-scale implementation of transformative industrial technologies, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 31, 2022 

Mr. HEINRICH (for himself and Mr. CASEY) introduced the following bill; 

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

A BILL 

To require the Secretary of Energy to provide grants and 

loan guarantees for commercial-scale implementation of 

transformative industrial technologies, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘First Three Act of 

5 2022’’. 

6 SEC. 2. COMMERCIAL-SCALE IMPLEMENTATION OF TRANS7 FORMATIVE INDUSTRIAL TECHNOLOGIES. 

8 (a) DEFINITIONS.—In this section: 


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1 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means any of the following entities: 

3 (A) An owner of an industrial plant at 

4 which an eligible technology would be imple5 mented. 

6 (B)(i) A provider that— 

7 (I) manufactures an eligible tech8 nology; or 

9 (II) implements or integrates an eligi10 ble technology at an industrial plant; or 

11 (ii) any other entity involved in the imple12 mentation of eligible technology at an industrial 

13 plant. 

14 (C) A consortium or partnership of 1 or 

15 more entities described in subparagraphs (A) 

16 and (B). 

17 (2) ELIGIBLE PROJECT.—The term ‘‘eligible 

18 project’’ means the implementation of an eligible 

19 technology at an industrial plant in a State. 

20 (3) ELIGIBLE PROJECT COSTS.—The term ‘‘eli21 gible project costs’’ means any capital, installation, 

22 engineering, construction, and permitting costs re23 lated to carrying out an eligible project. 


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1 (4) ELIGIBLE TECHNOLOGY.—The term ‘‘eligi2 ble technology’’ means any technology that, as deter3 mined by the Secretary— 

4 (A) is an innovative technology (as de5 scribed in section 454(b)(1) of the Energy Inde6 pendence and Security Act of 2007 (42 U.S.C. 

7 17113(b)(1))); 

8 (B) is demonstrated to be technically viable 

9 at pilot scale and ready for commercial-scale 

10 implementation; 

11 (C) is able to significantly reduce the en12 ergy use or greenhouse gas emissions of the 

13 process with respect to which the eligible tech14 nology is implemented, relative to the tech15 nology available on the date of enactment of 

16 this Act; and 

17 (D) has the potential to significantly re18 duce annual United States industrial energy use 

19 or greenhouse gas emissions, relative to the 

20 United States industrial energy use or green21 house gas emissions in calendar year 2021, if 

22 the eligible technology is widely implemented at 

23 the appropriate industrial plants in the United 

24 States. 


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1 (5) PROGRAM.—The term ‘‘program’’ means 

2 the program established under subsection (b). 

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

4 the Secretary of Energy. 

5 (7) STATE.—The term ‘‘State’’ means— 

6 (A) a State; 

7 (B) the District of Columbia; and 

8 (C) any territory or possession of the 

9 United States. 

10 (b) ESTABLISHMENT.—Subject to the availability of 

11 appropriations, the Secretary shall establish a program 

12 under which the Secretary shall provide grants and loan 

13 guarantees to eligible entities to carry out eligible projects. 

14 (c) APPLICATIONS.— 

15 (1) IN GENERAL.—To apply for a grant or loan 

16 guarantee under the program, an eligible entity shall 

17 submit to the Secretary an application at such time, 

18 in such manner, and containing such information as 

19 the Secretary may require. 

20 (2) SELECTION.—In evaluating applications 

21 submitted under paragraph (1), the Secretary shall 

22 select applications that will result in the greatest— 

23 (A) improvement to the competitiveness of 

24 United States industry in global markets; 

25 (B) reduction in energy use; or 


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1 (C) reduction in greenhouse gas emissions. 

2 (3) CONSULTATION.—In evaluating applications 

3 submitted under paragraph (1), the Secretary shall 

4 solicit input from outside technical and industry ex5 perts on the specific industry sectors in which the el6 igible technologies would be implemented. 

7 (d) GRANTS AND LOAN GUARANTEES.— 

8 (1) IN GENERAL.—In carrying out the program, 

9 the Secretary— 

10 (A) shall provide grants or loan guarantees 

11 to carry out not more than 3 eligible projects 

12 in each category of eligible technology; and 

13 (B) may provide a grant and a loan guar14 antee to the same eligible entity. 

15 (2) GRANT AMOUNTS.—The amount of a grant 

16 that may be provided under the program to carry 

17 out an eligible project in each category of eligible 

18 technology shall be not more than the following: 

19 (A) 60 percent of the total eligible project 

20 costs for the first eligible project awarded a 

21 grant in that category. 

22 (B) 45 percent of the total eligible project 

23 costs for the second eligible project awarded a 

24 grant in that category. 


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1 (C) 30 percent of the total eligible project 

2 costs for the third eligible project awarded a 

3 grant in that category. 

4 (3) LOAN GUARANTEE AMOUNTS.— 

5 (A) IN GENERAL.—The Secretary may not 

6 provide a loan guarantee under the program for 

7 an amount that is greater than 80 percent of 

8 the eligible project costs. 

9 (B) GRANT AND LOAN GUARANTEE.—If an 

10 eligible entity is provided a grant and a loan 

11 guarantee under the program, the loan guar12 antee may not exceed the amount that is equal 

13 to 80 percent of the amount that is equal to the 

14 difference between— 

15 (i) the eligible project cost; and 

16 (ii) the amount of the grant. 

17 (4) PROJECT MILESTONES.—The Secretary 

18 shall— 

19 (A) work with each grant or loan guar20 antee recipient under the program to develop 

21 project milestones; and 

22 (B) issue the grant amount or loan guar23 antee, as applicable, after that recipient has 

24 demonstrated that the eligible project has 

25 reached those project milestones. 


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1 (e) MONITORING AND REPORTING.— 

2 (1) IN GENERAL.—The Secretary shall annually 

3 submit to Congress a report describing the eligible 

4 projects that were carried out using grants and loan 

5 guarantees provided under the program. 

6 (2) PROPRIETARY AND COMPETITIVE INFORMA7 TION.—The Secretary shall exclude from each report 

8 submitted under paragraph (1) any proprietary or 

9 competitive information relating to the eligible enti10 ties that were provided a grant or loan guarantee, 

11 or eligible technologies that were implemented, 

12 under the program. 

13 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to the Secretary to carry 

15 out this section, to remain available until expended— 

16 (1) $500,000,000 for fiscal year 2022; and 

17 (2) $1,000,000,000 for each of fiscal years 

18 2023 through 2031. 

Æ 


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