```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3631 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3631

  To encourage innovation to create clean technologies, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2010

  Mrs. Murray introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
  To encourage innovation to create clean technologies, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Clean Energy Works 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
      TITLE I--ENCOURAGING INNOVATION TO CREATE CLEAN TECHNOLOGIES

Sec. 101. State energy programs.
Sec. 102. ARPA-E amendments.
              TITLE II--PREPARING A CLEAN ENERGY WORKFORCE

Sec. 201. Definitions.
Sec. 202. Regional energy alliance skills grants.
Sec. 203. Regional industry energy efficiency grants.
Sec. 204. Customized low carbon energy training grants.
Sec. 205. Authorization of appropriations.
                        TITLE III--MISCELLANEOUS

Sec. 301. Clarification of application of grants for specified energy 
                            property to certain regulated companies.
Sec. 302. Applicability of reporting requirements.

      TITLE I--ENCOURAGING INNOVATION TO CREATE CLEAN TECHNOLOGIES

SEC. 101. STATE ENERGY PROGRAMS.

    (a) Allocation.--Section 363(b)(3) of the Energy Policy and 
Conservation Act (42 U.S.C. 6323(b)(3)) is amended--
            (1) by redesignating subparagraphs (A), (B), and (C) as 
        clauses (i), (ii), and (iii), respectively, and indenting 
        appropriately;
            (2) in the matter preceding clause (i) (as redesignated by 
        paragraph (1)), by striking ``(3) In determining'' and 
        inserting the following:
            ``(3) Determination of federal financial assistance.--
                    ``(A) In general.--In determining''; and
            (3) by adding at the end the following:
                    ``(B) Allocation.--
                            ``(i) In general.--For each fiscal year, if 
                        the funds made available to the Secretary to 
                        carry out this part exceed $25,500,000--
                                    ``(I) $25,500,000 shall be 
                                allocated to each participating State 
                                in accordance with the table contained 
                                in section 420.11 of title 10, Code of 
                                Federal Regulations (as in effect on 
                                the date of enactment of this 
                                subparagraph); and
                                    ``(II) any additional amount shall 
                                be allocated in accordance with clause 
                                (ii).
                            ``(ii) Allocation of excess funds.--An 
                        amount described in clause (i)(II) shall be 
                        allocated to each participating State as 
                        follows:
                                    ``(I) One-third of the amount shall 
                                be divided equally among the 
                                participating States.
                                    ``(II) One-third of the amount 
                                shall be distributed ratably among the 
                                participating States based on the 
                                population of each participating State, 
                                as contained in the most recent 
                                reliable census data available from the 
                                Bureau of the Census of the Department 
                                of Commerce, for all participating 
                                States at the time at which the 
                                Secretary calculates the formula for 
                                distribution.
                                    ``(III) One third of the amount 
                                shall be distributed ratably among the 
                                participating States, to each 
                                participating State that, by State law, 
                                has--
                                            ``(aa) established energy 
                                        efficiency as the first 
                                        priority in utility energy 
                                        planning; and
                                            ``(bb) developed energy 
                                        efficiency resource standards, 
                                        or a renewable portfolio 
                                        standard (or equivalent) that 
                                        includes energy efficiency as 
                                        an eligible resource to meet 
                                        the guidelines under section 
                                        362.''.
    (b) Use of Funds.--Section 363 of the Energy Policy and 
Conservation Act (42 U.S.C. 6323) is amended by adding at the end the 
following:
    ``(g) Use of Funds.--
            ``(1) In general.--For each fiscal year, each participating 
        State that receives an amount of funds under this section shall 
        use not less than \1/3\ of the amount to provide grants and 
        loans--
                    ``(A) for renewable energy development;
                    ``(B) to energy technology companies; or
                    ``(C) to promote energy efficiency.
            ``(2) State cost-sharing.--
                    ``(A) In general.--Subject to subparagraph (B), 
                each participating State that receives an amount of 
                funds under this section shall pay 20 percent of the 
                costs of each activity carried out under the grant.
                    ``(B) Deferral.--The State cost-share described in 
                subparagraph (A) may be deferred for not more than 5 
                years, at the discretion of the Secretary.
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this part $1,500,000,000 for each of fiscal 
years 2011 through 2016.''.

SEC. 102. ARPA-E AMENDMENTS.

    Section 5012 of the America COMPETES Act (42 U.S.C. 16538) is 
amended--
            (1) in subsection (c)(2)--
                    (A) in subparagraph (A), by inserting ``and 
                applied'' after ``advances in fundamental'';
                    (B) by striking ``and'' at the end of subparagraph 
                (B);
                    (C) by striking the period at the end of 
                subparagraph (C) and inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(D) promoting the commercial application of 
                advanced energy technologies.'';
            (2) in subsection (e)--
                    (A) in paragraph (3)--
                            (i) by striking subparagraph (C) and 
                        inserting the following:
                    ``(C) research and development of advanced 
                manufacturing process and technologies for the domestic 
                manufacturing of novel energy technologies; and''; and
                            (ii) by striking ``and'' at the end of 
                        subparagraph (D);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) pursuant to subsection (c)(2)(C)--
                    ``(A) ensuring that applications for funding 
                disclose the extent of current and prior efforts, 
                including monetary investments as appropriate, in 
                pursuit of the technology area for which funding is 
                being requested;
                    ``(B) adopting measures to ensure that, in making 
                awards, program managers adhere to the objectives 
                described in subsection (c)(2)(C); and
                    ``(C) providing as part of the annual report 
                required by subsection (h)(1), a summary of the 
                instances of and reasons for ARPA-E funding projects in 
                technology areas already being undertaken by 
                industry.'';
            (3) by redesignating subsections (f) through (m) as 
        subsections (g), (h), (i), (j), (l), (m), (n), and (o), 
        respectively;
            (4) by inserting after subsection (e) the following new 
        subsection:
    ``(f) Awards.--
            ``(1) In general.--In carrying out this section, the 
        Director may initiate and execute awards in the form of grants, 
        contracts, cooperative agreements, cash prizes, and other 
        transactions.
            ``(2) Considerations.--The Director shall make awards under 
        this section that are designed--
                    ``(A) to overcome the long-term and high-risk 
                barriers to the goals and means described in subsection 
                (c); and
                    ``(B) to facilitate submissions, where possible, by 
                small businesses and entrepreneurs, pursuant to 
                announcements published not less frequently than 
                annually, of funding opportunities for--
                            ``(i) specific areas of technological 
                        innovation; and
                            ``(ii) broadly defined areas of science and 
                        technology, to remain open for periods of one 
                        year.'';
            (5) in subsection (g) (as redesignated by paragraph (3))--
                    (A) by redesignating paragraphs (1) and (2) as 
                paragraphs (2) and (3), respectively;
                    (B) by inserting before paragraph (2) (redesignated 
                by subparagraph (A)) the following:
            ``(1) In general.--The Director shall establish and 
        maintain within ARPA-E a staff with sufficient qualifications 
        and expertise to enable ARPA-E to carry out the 
        responsibilities of ARPA-E under this section, in conjunction 
        with the operations of the rest of the Department.'';
                    (C) in paragraph (2) (as redesignated by 
                subparagraph (A))--
                            (i) in the paragraph heading, by striking 
                        ``Program managers'' and inserting ``Program 
                        directors'';
                            (ii) in subparagraph (A)--
                                    (I) by striking ``program 
                                managers'' and inserting ``program 
                                directors''; and
                                    (II) by striking ``each of'';
                            (iii) in subparagraph (B)--
                                    (I) by striking ``program manager'' 
                                and inserting ``program director'';
                                    (II) in clause (iv), by striking 
                                ``, with advice under subsection (j) as 
                                appropriate,'';
                                    (III) by redesignating clauses (v) 
                                and (vi) as clauses (vi) and (viii), 
                                respectively;
                                    (IV) by inserting after clause (iv) 
                                the following:
                            ``(v) identifying innovative cost-sharing 
                        arrangements for ARPA-E projects, including 
                        through use of the authority under section 
                        988(b)(3) of the Energy Policy Act of 2005 (42 
                        U.S.C. 16352(b)(3));'';
                                    (V) in clause (vi) (as redesignated 
                                by subclause (III)), by striking ``; 
                                and'' and inserting a semicolon; and
                                    (VI) by inserting after clause (vi) 
                                (as redesignated by subclause (III)), 
                                the following:
                            ``(vii) identifying mechanisms for 
                        commercial application of successful energy 
                        technology development projects, including 
                        through the establishment of partnerships 
                        between awardees and commercial entities; 
                        and'';
                            (iv) in subparagraph (C), by inserting ``up 
                        to'' after ``shall be'';
                    (D) in subparagraph (B) of paragraph (3) (as 
                redesignated by subparagraph (A)), by striking ``not 
                less than 70, and not more than 120,'' and inserting 
                ``not more than 120''; and
                    (E) by adding at the end the following:
            ``(4) Fellowships.--
                    ``(A) In general.--The Director may select 
                exceptional early-career and senior scientific, legal, 
                business, and technical personnel to serve as fellows 
                to work at ARPA-E for terms not to exceed 2 years.
                    ``(B) Responsibilities.--Responsibilities of 
                fellows may include--
                            ``(i) supporting program directors in 
                        program creation, design, implementation, and 
                        management;
                            ``(ii) exploring technical fields for 
                        future ARPA-E program areas;
                            ``(iii) assisting the Director in the 
                        creation of the strategic vision for ARPA-E 
                        referred to in subsection (h)(2);
                            ``(iv) preparing energy technology and 
                        economic analyses; and
                            ``(v) any other appropriate 
                        responsibilities identified by the Director.'';
            (6) in subsection (h)(2) (as redesignated by paragraph 
        (3))--
                    (A) by striking ``2008'' and inserting ``2010''; 
                and
                    (B) by striking ``2011'' and inserting ``2015'';
            (7) by striking subsection (j) (as redesignated by 
        paragraph (3)), and inserting the following:
    ``(j) Federal Demonstration of Technologies.--The Director shall 
seek opportunities to partner with purchasing and procurement programs 
of Federal agencies to demonstrate energy technologies resulting from 
activities funded through ARPA-E.'';
            (8) by inserting after subsection (j) the following:
    ``(k) Events.--
            ``(1) In general.--The Director may convene, organize, and 
        sponsor events that further the objectives of ARPA-E, including 
        events that assemble awardees, the most promising applicants 
        for ARPA-E funding, and a broad range of ARPA-E stakeholders 
        (which may include members of relevant scientific research and 
        academic communities, government officials, financial 
        institutions, private investors, entrepreneurs, and other 
        private entities), for the purposes of--
                    ``(A) demonstrating projects of ARPA-E awardees;
                    ``(B) demonstrating projects of finalists for ARPA-
                E awards and other energy technology projects;
                    ``(C) facilitating discussion of the commercial 
                application of energy technologies developed under 
                ARPA-E and other government-sponsored research and 
                development programs; or
                    ``(D) any other purposes that the Director 
                determines to be appropriate.
            ``(2) Technology transfer.--Funding for activities 
        described in paragraph (1) shall be provided as part of the 
        technology transfer and outreach activities under subsection 
        (o)(4)(B).'';
            (9) in subsection (m) (as redesignated by paragraph (3))--
                    (A) in paragraph (1), by striking ``4 years'' and 
                inserting ``5 years''; and
                    (B) in paragraph (2)(B), by inserting ``, and how 
                those lessons may apply to the operation of other 
                programs within the Department of Energy'' after 
                ``ARPA-E''; and
            (10) in subsection (o), as so redesignated by paragraph 
        (3)--
                    (A) by striking paragraph (2) and inserting the 
                following:
            ``(2) Authorization of appropriations.--Subject to 
        paragraph (4), there is authorized to be appropriated to the 
        Director for deposit in the Fund $1,000,000,000 for each of 
        fiscal years 2011 through 2016.''
                    (B) by striking paragraph (4);
                    (C) by redesignating paragraph (5) as paragraph 
                (4); and
                    (D) in subparagraph (B) of paragraph (4) (as 
                redesignated by subparagraph (C))--
                            (i) by striking ``2.5 percent'' and 
                        inserting ``5 percent''; and
                            (ii) by inserting ``, consistent with the 
                        goal described in subsection (c)(2)(D) and 
                        within the responsibilities of program 
                        directors as specified in subsection 
                        (g)(2)(B)(vii)'' after ``outreach activities''.

              TITLE II--PREPARING A CLEAN ENERGY WORKFORCE

SEC. 201. DEFINITIONS.

    In this title:
            (1) In general.--The terms ``institution of higher 
        education'', ``local area'', ``local board'', ``Secretary'', 
        ``State'', and ``State board'' have the meanings given to the 
        terms in section 101 of the Workforce Investment Act of 1998 
        (29 U.S.C. 2801).
            (2) Career pathway.--The term ``career pathway'' means a 
        high-quality, rigorous, and relevant set of education, 
        training, and workplace courses and experiences that--
                    (A) is aligned with the skill needs of an industry 
                in a regional economy;
                    (B) includes the full range of secondary or 
                postsecondary education options, including registered 
                apprenticeships;
                    (C) includes academic and career counseling and 
                supports the development of individualized career 
                plans;
                    (D) includes integrated education and training 
                services, as appropriate;
                    (E) helps workers enter or advance within a 
                specific sector or occupational field;
                    (F) leads to the attainment of a degree or 
                industry-recognized credential; and
                    (G) has the goal of increasing the educational and 
                skills attainment, and employment outcomes, of 
                individuals.
            (3) Identified industry.--The term ``identified industry'' 
        means an industry that supports low carbon energy sources and 
        that is identified in a grant application submitted under this 
        title.

SEC. 202. REGIONAL ENERGY ALLIANCE SKILLS GRANTS.

    (a) Purpose.--The purpose of this section is to increase the 
availability of highly skilled workers qualified for careers, leading 
to economic self-sufficiency of the United States, in low carbon energy 
industries, including careers in the production, transmission, or 
distribution of low carbon energy, by--
            (1) developing industry-recognized skill standards in 
        critical occupations;
            (2) enhancing the awareness and use of industry-recognized 
        skill standards and credentials, existing as of the date of 
        enactment of this Act; or
            (3) developing career pathways on the basis of industry-
        recognized skill standards and credentials.
    (b) General Authority.--Using funds authorized under section 205, 
the Secretary shall award regional energy alliance skills grants on a 
competitive basis to eligible entities.
    (c) Use of Funds.--
            (1) In general.--An eligible entity that receives such a 
        grant shall use the grant funds to pay for the Federal share of 
        the cost of supporting innovative strategies to prepare workers 
        for employment, with the skills required by an identified 
        industry within States or multi-State areas.
            (2) Required activities.--The eligible entity shall use the 
        grant funds to--
                    (A) refine workforce strategic plans for the 
                identified industry, including the identification of 
                occupations critical to the identified industry and the 
                skills and credentials necessary for workers in those 
                occupations;
                    (B) develop or refine industry-recognized skill 
                standards and credentials for occupations critical to 
                the industry, including occupations on which the 
                competitive success of the industry depends;
                    (C) integrate such skill standards and credentials 
                into curricula at secondary schools and institutions of 
                higher education to support industry-recognized 
                credential programs;
                    (D) establish, adopt, or expand career pathways for 
                occupations supporting an identified industry, using 
                the skill standards and credentials developed and 
                refined under subparagraph (B); and
                    (E) establish workforce development programs and 
                activities to meet the long-term needs of the 
                identified industry and complement programs and 
                services administered by State boards and local boards.
            (3) Allowable activities.--The eligible entity may use the 
        funds to carry out 1 or more of the following:
                    (A) Implement career awareness activities, focused 
                on occupations critical to the identified industry, in 
                secondary schools and institutions of higher education.
                    (B) Implement integrated education and training 
                activities, such as paid or unpaid work experiences, 
                on-the-job training opportunities, customized training 
                programs, or transitional jobs programs.
                    (C) Partner with entities carrying out youth-
                serving programs (including entities operating Job 
                Corps centers under subtitle C of title I of the 
                Workforce Investment Act of 1998 (29 U.S.C. 2801 et 
                seq.), preapprenticeship programs, and YouthBuild 
                programs under section 173A of the Workforce Investment 
                Act of 1998 (29 U.S.C. 2918a), where appropriate) and 
                programs targeting populations of individuals 
                underrepresented in the industry, such as veterans and 
                women.
                    (D) Build awareness of relevant employers and labor 
                organizations about the skill development opportunities 
                available through the activities carried out under the 
                grant.
    (d) Eligible Entities.--
            (1) In general.--To be eligible to receive a grant under 
        this section, an entity shall be an Energy Alliance that meets 
        the requirements of paragraph (2) and submits an application in 
        accordance with subsection (e).
            (2) Energy alliance.--For purposes of this section, an 
        Energy Alliance shall be composed of--
                    (A) at least 1 industry representative from each 
                low carbon energy industry addressed in the 
                application;
                    (B) 1 representative of the State board from each 
                of the States in the area to be served under the grant;
                    (C) at least 1 representative of a local board from 
                each of the local areas in the area to be served under 
                the grant;
                    (D) at least 1 representative from relevant 
                institutions of higher education, providers of 
                registered apprenticeships, and other eligible training 
                providers offering to develop or refine industry-
                recognized skills standards or industry-recognized 
                credentials, from each such State, that offer education 
                or training programs to address the skill needs of the 
                identified industry;
                    (E) at least 1 representative from relevant labor 
                organizations from each such State;
                    (F) at least 1 representative of an economic 
                development organization; and
                    (G) at least 1 representative from a career and 
                technical education organization from each such State.
    (e) Application.--To be eligible to receive a grant under this 
section, an entity shall submit an application to the Secretary at such 
time, in such manner, and meeting such requirements as the Secretary 
may determine to be appropriate. The application shall contain such 
information as the Secretary may require, including information to 
enable the Secretary to review the skill standards and credentials to 
be, as appropriate, developed or used.
    (f) Priority.--In making grants under this section, the Secretary 
shall give priority to entities submitting applications for grant 
programs--
            (1) that serve States that have State laws specifying 
        targets for reducing energy consumption by or on a determined 
        date or timeline;
            (2) that serve States in which industry or sector 
        partnerships, industry associations, or the State governments 
        have developed a low carbon energy industry-specific strategic 
        plan for developing the low carbon energy assets for the State 
        or multi-State area involved for the purposes of reducing 
        dependence on foreign oil and fossil fuels, and economic 
        development; and
            (3) that focus on a low carbon energy industry with 
        established industry-recognized skill standards and credentials 
        that lead to industry-recognized credentials.
    (g) Federal Share.--
            (1) In general.--The Federal share of the cost referred to 
        in subsection (c) shall be 50 percent.
            (2) Non-federal share.--The eligible entity involved may 
        provide the non-Federal share in cash or in kind, fairly 
        evaluated, including plant, equipment, or services.
    (h) Performance and Evaluation.--After selecting entities to become 
grant recipients and before providing the grant payments, the Secretary 
shall negotiate performance measures, with expected levels of 
performance, with the entities. The Secretary shall use the performance 
measures to evaluate the entities.

SEC. 203. REGIONAL INDUSTRY ENERGY EFFICIENCY GRANTS.

    (a) In General.--Using funds authorized under section 205, the 
Secretary shall award regional industry energy efficiency grants on a 
competitive basis to eligible entities under this section, for the 
purpose of educating and training incumbent workers in the skills 
necessary to increase energy efficiency in industries in existence on 
the date of enactment of this Act (referred to in this section as 
``existing industries'').
    (b) Use of Funds.--An eligible entity that receives such a grant 
shall use the grant funds to pay for the Federal share of the cost to 
support--
            (1) assisting industries in identifying new skills 
        necessary for occupations, existing as of the date of enactment 
        of this Act, to support a more energy efficient approach to 
        such industries; and
            (2) providing training and education to incumbent workers 
        on the skills identified under paragraph (1) that are necessary 
        to use equipment referenced in subsection (e)(2), and implement 
        policies, procedures, or protocols, required to reduce energy 
        consumption in existing industries.
    (c) Eligible Entities.--
            (1) In general.--To be eligible to receive a grant under 
        this section, an entity shall be a covered entity that meets 
        the requirements of paragraph (2) and that submits an 
        application in accordance with subsection (d).
            (2) Covered entities.--For the purposes of this section, 
        covered entities shall be partnerships that include--
                    (A) an industry group or association with an energy 
                consumption that is calculated by the Environmental 
                Protection Agency using section 
                763(b)(2)(A)(ii)(II)(aa) of the American Clean Energy 
                and Security Act of 2009 (H.R. 2454, 111th Congress, as 
                placed on the calendar of the Senate on July 7, 2009); 
                and
                    (B) at least 1 representative of each of the 
                following:
                            (i) State boards.
                            (ii) Local boards.
                            (iii) Labor organizations.
                            (iv) Institutions of higher education, 
                        providers of registered apprenticeships, and 
                        other entities, eligible to provide training 
                        services under section 122 of the Workforce 
                        Investment Act of 1998 (29 U.S.C. 2842).
                            (v) Economic development organizations.
    (d) Application.--To be eligible to receive a grant under this 
section, an entity shall submit an application to the Secretary at such 
time, in such manner, and meeting such requirements as the Secretary 
may determine to be appropriate. The application shall contain such 
information as the Secretary may require, including information to 
enable the Secretary to review the skill standards and credentials to 
be used.
    (e) Priority.--In making grants under this section, the Secretary 
shall give priority to entities submitting applications--
            (1) for grant programs that serve States that have State 
        laws specifying targets for reducing energy consumption by or 
        on a determined date or timeline; and
            (2) for grant programs that serve industries that have a 
        demonstrated commitment to purchasing and installing the 
        necessary equipment, and implementing the necessary work 
        processes and protocols, to reduce energy consumption through 
        the utilization of available tax credits or other means.
    (f) Federal Share.--
            (1) In general.--The Federal share of the cost described in 
        subsection (b) shall be a share negotiated between the eligible 
        entity and the Secretary, and shall range from 25 percent to 75 
        percent based on each of the following factors:
                    (A) Whether the business receiving the training and 
                education is in an industry identified in part of the 
                energy efficiency plans of the State or local area.
                    (B) The number of employees employed by the 
                business.
                    (C) The number of individuals to be trained or 
                educated.
                    (D) The level of wages, benefits, and other 
                compensation available to employees in the occupations 
                and career pathways involved.
                    (E) The demonstrated commitment of the business to 
                providing ongoing training and education, performance 
                improvement opportunities, career advancement, and 
                other benefits to its employees.
                    (F) Other factors as determined appropriate by the 
                Secretary.
            (2) Non-federal share.--The eligible entity may provide the 
        non-Federal share in cash or in kind, fairly evaluated, 
        including plant, equipment, or services.
    (g) Performance and Evaluation.--After selecting entities to become 
grant recipients and before providing the grant payments, the Secretary 
shall negotiate performance measures, with expected levels of 
performance, with the entities. The Secretary shall use the performance 
measures to evaluate the entities

SEC. 204. CUSTOMIZED LOW CARBON ENERGY TRAINING GRANTS.

    (a) In General.--Using funds authorized under section 205, the 
Secretary shall award low carbon energy training grants on a 
competitive basis to eligible entities to provide customized training 
services to businesses in identified industries, or to businesses in 
industries that directly support or supply identified industries.
    (b) Use of Funds.--
            (1) In general.--An eligible entity that receives such a 
        grant shall use the grant funds to pay for the Federal share of 
        the cost to support customized training for incumbent workers, 
        or job seekers identified as having the basic skills likely 
        required for success in an occupation and career within the 
        business and industry involved.
            (2) Required activities.--The eligible entity shall use the 
        grant funds to--
                    (A) assist employers in a low carbon industry that 
                are partners in the eligible entity to address 
                documented skill shortages for which such employers 
                have been unable to find workers with the necessary 
                skills through traditional and readily available 
                sources; and
                    (B) address technical skill needs, as well as 
                general educational requirements for targeted 
                occupations, in a manner that leads to the attainment, 
                by participating workers, of an industry-recognized 
                credential that has value in the labor market beyond a 
                sponsoring employer and that is portable throughout the 
                industry.
            (3) Allowable activities.--The eligible entity may use the 
        funds to carry out 1 or more of the following:
                    (A) Assist an employer in developing training 
                plans, improving supervision, increasing advancement of 
                low-skill workers, and strengthening linkages with 
                entities providing workforce investment activities 
                under the Workforce Investment Act of 1998 (29 U.S.C. 
                2801 et seq.), adult education programs, and education 
                and training programs of institutions of higher 
                education.
                    (B) Partner with entities carrying out youth-
                serving programs (including entities operating Job 
                Corps centers under subtitle C of title I of the 
                Workforce Investment Act of 1998 (29 U.S.C. 2801 et 
                seq.), preapprenticeship programs, and YouthBuild 
                programs under section 173A of the Workforce Investment 
                Act of 1998 (29 U.S.C. 2918a), where appropriate) and 
                programs targeting populations of individuals 
                underrepresented in the industry, such as veterans and 
                women.
            (4) Prohibition.--An eligible entity in a State shall not 
        use the grant funds to attract businesses from other States, or 
        to prevent businesses from moving to other States.
    (c) Eligible Entities.--
            (1) In general.--To be eligible to receive a grant under 
        this section, an entity shall be a covered entity that meets 
        the requirements of paragraph (2) and submits an application in 
        accordance with subsection (d).
            (2) Covered entities.--For the purposes of this section, 
        covered entities shall be partnerships that include at least 1 
        of the following:
                    (A) State boards.
                    (B) Local boards.
                    (C) A consortium of State boards or local boards, 
                and an employer in an identified industry, or in an 
                industry that directly supports or supplies an 
                identified industry, that demonstrates a need for 
                customized training.
                    (D) A consortium of State boards or local boards, 
                and a group of employers in an identified industry, or 
                in an industry that directly supports or supplies an 
                identified industry, that demonstrates a need for 
                customized training.
    (d) Application.--To be eligible to receive a grant under this 
section, an entity shall submit an application to the Secretary at such 
time, in such manner, and meeting such requirements as the Secretary 
may determine to be appropriate. The application shall contain such 
information as the Secretary may require, including information to 
enable the Secretary to review the skill standards and credentials to 
be, as appropriate, developed or used.
    (e) Federal Share.--
            (1) In general.--The Federal share of the cost of training 
        described in subsection (b)(1) shall be a share negotiated 
        between the eligible entity and the Secretary, and shall range 
        from 25 percent to 75 percent based on each of the following 
        factors:
                    (A) If the business receiving the training is in an 
                industry identified in part of the energy efficiency 
                plans of the State or local area.
                    (B) The number of employees employed by the 
                business.
                    (C) The number of individuals to be trained.
                    (D) The level of wages, benefits, and other 
                compensation available to the employees in the 
                occupations involved.
                    (E) The demonstrated commitment of the business to 
                providing ongoing training, performance improvement 
                opportunities, career advancement, and other benefits 
                to its employees.
                    (F) Other factors as determined appropriate by the 
                State board or local board involved.
            (2) Non-federal share.--The eligible entity may provide the 
        non-Federal share in cash or in kind, fairly evaluated, 
        including plant, equipment, or services.
    (f) Performance and Evaluation.--
            (1) Performance measures.--After selecting entities to 
        become grant recipients and before providing the grant 
        payments, the Secretary shall--
                    (A) negotiate performance measures, with expected 
                levels of performance, with the entities; and
                    (B) require the attainment of industry-recognized 
                credentials, as identified in the application submitted 
                under subsection (d), to be included as a performance 
                measure.
            (2) Evaluation.--The Secretary shall use the performance 
        measures to evaluate the entities.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this title 
$2,000,000,000 for each of the fiscal years 2011 through 2016.

                        TITLE III--MISCELLANEOUS

SEC. 301. CLARIFICATION OF APPLICATION OF GRANTS FOR SPECIFIED ENERGY 
              PROPERTY TO CERTAIN REGULATED COMPANIES.

    (a) In General.--The first sentence of section 1603(f) of division 
B of the American Recovery and Reinvestment Act of 2009 is amended by 
inserting ``(other than subsection (d)(2) thereof)'' after ``section 50 
of the Internal Revenue Code of 1986''.
    (b) Effective Date.--The amendment made by this section shall take 
effect as if included in section 1603 of division B of the American 
Recovery and Reinvestment Act of 2009.

SEC. 302. APPLICABILITY OF REPORTING REQUIREMENTS.

    Section 401 of the American Recovery and Reinvestment Act of 2009 
(Public Law 111-5; 123 Stat. 140) is amended--
            (1) by striking ``For the purposes of'' and inserting the 
        following:
    ``(a) In General.--For the purposes of''; and
            (2) by adding at the end the following:
    ``(b) Applicability.--As of October 1, 2010, each provision of this 
Act that is otherwise applicable to the use of the authority made 
available under the Federal Columbia River Transmission System Act (16 
U.S.C. 838 et seq.) shall not apply to any activity carried out under 
this section.''.
                                 <all>
```