1034 
the clean energy technology industry, which includes 
skilled technical personnel, electric power engineers, trans-
mission engineers, and other occupations or fields of work 
under— 
(1) the agriculture and forestry industry; 
(2) the electric utility industry; 
(3) the manufacturing industry; 
(4) the wholesale trade industry; 
(5) the professional and business services indus-
try; and 
(6) the manufacturing and operation and main-
tenance industries for component parts of clean en-
ergy technologies. 
(i) REPORT
ON CURRENT TRENDS
AND SHORT-
AGES.—Not later than 120 days after the date of enact-
ment of this Act, and on a quarterly basis thereafter, the 
Secretary shall submit to Congress, based on the data col-
lected under subsection (h), a report on— 
(1) trends and shortages as of the date of such 
report, and recommendations to prepare the work-
force to address such trends and shortages to meet 
the demands of a clean energy economy; and 
(2) other recommendations the Secretary deter-
mines appropriate.
1035 
(j) REPORT
ON FUTURE TRENDS
AND SHORT-
AGES.—Not later than 1 year after the date of enactment 
of this Act, the Secretary shall submit to Congress, based 
on the data collected under subsection (h), a report on— 
(1) trends and shortages projected in the next 
10 years, and recommendations to address such 
trends and shortages to prepare the workforce to 
meet the demands of a clean energy economy; and 
(2) other recommendations the Secretary deter-
mines appropriate. 
SEC. 12113. DEFINITIONS. 
In this part: 
(1) CAREER AND TECHNICAL EDUCATION.—The 
term ‘‘career and technical education’’ has the 
meaning given such term in section 3 or the Carl D. 
Perkins Career and Technical Education Act of 
2006 (20 U.S.C. 2302). 
(2) COMMUNITY-BASED
ORGANIZATION.—The 
term ‘‘community-based organization’’ has the 
meaning given such term in section 3 of the Work-
force Innovation and Opportunity Act (29 U.S.C. 
3102). 
(3) TRAINING
PROGRAMS
AND
PROVIDERS.— 
The term ‘‘training programs and providers’’ means 
State or local workforce development boards, com-
1036 
munity-based organizations, qualified youth or con-
servation corps, Job Corps authorized under subtitle 
C of title I the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3101 et seq.), labor organiza-
tions, joint-labor management organizations, pre-ap-
prenticeship programs, and apprenticeship pro-
grams. 
(4) EDUCATIONAL
INSTITUTION.—The term 
‘‘educational institution’’ means an elementary 
school, secondary school, or institution of higher 
education, including educational institutions pro-
viding career and technical education programs and 
programs of study. 
(5) ELEMENTARY
SCHOOL
AND
SECONDARY 
SCHOOL.—The terms ‘‘elementary school’’ and ‘‘sec-
ondary school’’ have the meanings given such terms 
in section 8101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801). 
(6) ENERGY-RELATED
INDUSTRY.—The term 
‘‘energy-related industry’’ includes the energy effi-
ciency industry, renewable energy industry, commu-
nity energy resiliency industry, fuel cell and hydro-
gen energy industry, advanced automotive tech-
nology industry, chemical manufacturing industry, 
electric utility industry, gas utility industry, alter-
1037 
native fuels industry, pipeline industry, nuclear en-
ergy industry, oil and gas industry, and coal indus-
try. 
(7) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given such term in section 102 of the High-
er Education Act of 1965 (20 U.S.C. 1002), except 
that such term does not include institutions de-
scribed in subparagraph (A) or (C) of subsection 
(a)(1) of such section 102. 
(8) JOBS IN ENERGY-RELATED INDUSTRIES.— 
The term ‘‘jobs in energy-related industries’’ in-
cludes manufacturing, engineering, construction, and 
retrofitting jobs in energy-related industries. 
(9) LABOR ORGANIZATION.—The term ‘‘labor 
organization’’ has the meaning given such term in 
section 2 of the National Labor Relations Act (29 
U.S.C. 152). 
(10) MINORITY-SERVING
INSTITUTION.—The 
term ‘‘minority-serving institution’’ means an insti-
tution of higher education that is of one of the fol-
lowing: 
(A) A Hispanic-serving institution (as de-
fined in section 502(a) of the Higher Education 
Act of 1965 (20 U.S.C. 1101a(a))).
1038 
(B) A Tribal College or University (as de-
fined in section 316(b) of the Higher Education 
Act of 1965 (20 U.S.C. 1059c(b))). 
(C) An Alaska Native-serving institution 
(as defined in section 317(b) of the Higher 
Education Act of 1965 (20 U.S.C. 1059d(b))). 
(D) A Native Hawaiian-serving institution 
(as defined in section 317(b) of the Higher 
Education Act of 1965 (20 U.S.C. 1059d(b))). 
(E) A Predominantly Black Institution (as 
defined in section 318(b) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1059e(b))). 
(F) A Native American-serving nontribal 
institution (as defined in section 319(b) of the 
Higher Education Act of 1965 (20 U.S.C. 
1059f(b))). 
(G) An Asian American and Native Amer-
ican Pacific Islander-serving institution (as de-
fined in section 320(b) of the Higher Education 
Act of 1965 (20 U.S.C. 1059g(b))). 
(H) A historically Black college or univer-
sity (having the meaning given the term ‘‘part 
B institution’’ in section 322 of the Higher 
Education Act of 1965 (20 U.S.C. 1061)).
1039 
(11) QUALIFIED
YOUTH
OR
CONSERVATION 
CORPS.—The term ‘‘qualified youth or conservation 
corps’’ has the meaning given such term in section 
203(11) of the Public Lands Corps Act of 1993 (16 
U.S.C. 1722(11)). 
(12) SECRETARIES.—The term ‘‘Secretaries’’ 
means the Secretary of Labor and the Secretary of 
Energy. 
(13) STATE OR LOCAL WORKFORCE DEVELOP-
MENT BOARD.—The term ‘‘State or workforce devel-
opment board’’ or ‘‘local workforce development 
board’’ have the meanings given the terms ‘‘State 
board’’ and ‘‘local board’’, respectively, in section 3 
of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3102). 
(14) STATE WORKFORCE AGENCY.—The term 
‘‘State workforce agency’’ means the State agency 
with responsibility for workforce investment activi-
ties under chapters 2 and 3 of subtitle B of title I 
of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3121 et seq., 3131 et seq.). 
(15) 
STEM.—The 
term 
‘‘STEM’’ 
means 
science, technology, engineering, and mathematics. 
(16) 
UNDERREPRESENTED
POPULATIONS.— 
The term ‘‘underrepresented populations’’ means a
1040 
group of individuals (such as a group of individuals 
from the same gender or race), the members of 
which comprise fewer than 25 percent of the individ-
uals employed in occupations in energy-related in-
dustries. 
SEC. 12114. RENEWABLE ENERGY TRANSITION GRANT PRO-
GRAM. 
(a) IN GENERAL.—The Secretary of Energy, in co-
ordination with the Secretary of Labor, shall establish a 
grant program for local governments for the purpose of 
developing a plan to transition workers from employment 
in fossil fuel industries to employment in sustainable in-
dustries. 
(b) ELIGIBILITY.—The Secretary of Energy may 
award grants under subsection (a) to local governments— 
(1) that establish industry or sector partner-
ships (as defined in section 3 of the Workforce Inno-
vation and Opportunity Act (29 U.S.C. 3102)); 
(2) that are in localities that the Secretary of 
Energy determines to have a percentage of tradi-
tional energy sector jobs that is average or above av-
erage relative to the United States. 
(c) DETERMINATION
OF PERCENTAGE
OF TRADI-
TIONAL ENERGY SECTOR JOBS.—In making the deter-
mination under subsection (b)(2), the Secretary of Energy
1041 
shall take into consideration information from the report 
entitled ‘‘U.S. Energy and Employment Report’’ issued by 
the Secretary in January, 2017. 
(d) USE OF FUNDS.—Funds under subsection (a) 
may be used for the following purposes: 
(1) To develop a transition plan described in 
subsection (a). 
(2) To develop an apprenticeship program to 
train individuals employed in fossil fuel industries 
and individuals who are new to the workforce for 
jobs in sustainable industries. 
(e) TRANSITION PLAN REQUIREMENTS.—A transi-
tion plan funded under subsection (a) shall include a plan 
for unemployment insurance, job transition training, and 
community services for the communities affected by the 
transition. 
(f) AUTHORIZATION.—There are authorized to be ap-
propriated such sums as necessary to carry out this sec-
tion. 
SEC. 12115. ENERGY JOBS COUNCIL AND ANNUAL ENERGY 
EMPLOYMENT REPORT. 
(a) ENERGY JOBS COUNCIL.— 
(1) ESTABLISHMENT.—Not later than 90 days 
after the date of enactment of this Act, the Sec-
retary of Energy (referred to in this section as the
1042 
‘‘Secretary’’) shall establish a council, to be known 
as the ‘‘Energy Jobs Council’’ (referred to in this 
section as the ‘‘Council’’). 
(2) MEMBERSHIP.—The Council shall be com-
prised of— 
(A) to be appointed by the Secretary— 
(i) one or more representatives of the 
Energy Information Administration; and 
(ii) one or more representatives of a 
State energy office that are serving as 
members of the State Energy Advisory 
Board established by section 365(g) of the 
Energy Policy and Conservation Act (42 
U.S.C. 6325(g)); 
(B) to be appointed by the Secretary of 
Commerce— 
(i) one or more representatives of the 
Department of Commerce; and 
(ii) one or more representatives of the 
Bureau of the Census; 
(C) one or more representatives of the Bu-
reau of Labor Statistics, to be appointed by the 
Secretary of Labor; and 
(D) one or more representatives of any 
other Federal agency the assistance of which is
1043 
required to carry out this Act, as determined by 
the Secretary, to be appointed by the head of 
the applicable agency. 
(b) SURVEY AND ANALYSIS.— 
(1) IN GENERAL.—The Council shall— 
(A) conduct a survey of employers in the 
energy, energy efficiency, renewable energy, and 
motor vehicle sectors of the economy of the 
United States; and 
(B) perform an analysis of the employment 
figures and demographics in those sectors, in-
cluding the number of personnel in each sector 
who devote a substantial portion of working 
hours, as determined by the Secretary, to com-
pliance matters. 
(2) METHODOLOGY.—In conducting the survey 
and analysis under paragraph (1), the Council shall 
employ a methodology that— 
(A) was approved in 2016 by the Office of 
Management and Budget for use in the docu-
ment entitled ‘‘OMB Control Number 1910– 
5179’’; 
(B) uses a representative, stratified sam-
pling of businesses in the United States; and
1044 
(C) is designed to elicit a comparable num-
ber of responses from businesses in each State 
and with the same North American Industry 
Classification System codes as were received for 
the 2016 and 2017 reports entitled ‘‘U.S. En-
ergy and Employment Report’’. 
(3) CONSULTATION.—In conducting the survey 
and analysis under paragraph (1), the Council shall 
consult with key stakeholders, including— 
(A) as the Council determines to be appro-
priate, the heads of relevant Federal agencies 
and offices, including— 
(i) the Secretary of Commerce; 
(ii) the Secretary of Transportation; 
(iii) the Director of the Bureau of the 
Census; 
(iv) the Commissioner of the Bureau 
of Labor Statistics; and 
(v) the Administrator of the Environ-
mental Protection Agency; 
(B) States; 
(C) the State Energy Advisory Board es-
tablished by section 365(g) of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6325(g)); 
and
1045 
(D) energy industry trade associations. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, and annually 
thereafter, the Secretary shall— 
(A) make publicly available on the website 
of the Department of Energy a report, to be en-
titled the ‘‘U.S. Energy and Employment Re-
port’’, describing the employment figures and 
demographics in the energy, energy efficiency, 
and motor vehicle sectors of the United States 
based on the survey and analysis conducted 
under subsection (b); and 
(B) subject to the requirements of the 
Confidential Information Protection and Statis-
tical Efficiency Act of 2002 (44 U.S.C. 3501 
note; Public Law 107–347), make the data col-
lected by the Council publicly available on the 
website of the Department of Energy. 
(2) CONTENTS.— 
(A) IN GENERAL.—The report under para-
graph (1) shall include employment figures and 
demographic data for— 
(i) the energy sector of the economy 
of the United States, including—
1047 
PART 3—MEASURING GREEN COLLAR JOB 
DEVELOPMENT 
SEC. 12121. MEASURING GREEN JOBS. 
(a) IN GENERAL.—The Secretary of Labor, in con-
sultation with the Secretary of Energy, and acting through 
the Bureau of Labor Statistics, where appropriate, shall 
collect and analyze labor market data to track workforce 
trends resulting from renewable energy and energy effi-
ciency technology initiatives carried out under this section. 
Activities carried out under this section shall include the 
following: 
(1) Tracking and documentation of academic 
and occupational competencies as well as future skill 
needs with respect to renewable energy and energy 
efficiency technology. 
(2) Tracking and documentation of occupa-
tional information and workforce training data with 
respect to renewable energy and energy efficiency 
technology. 
(3) Collaborating with State agencies, workforce 
investments boards, industry, organized labor, and 
community and nonprofit organizations to dissemi-
nate information on successful innovations for labor 
market services and worker training with respect to 
renewable energy and energy efficiency technology.
1048 
(4) Serving as a clearinghouse for best practices 
in workforce development, job placement and col-
laborative training partnerships. 
(5) Encouraging the establishment of workforce 
training initiatives with respect to renewable energy 
and energy efficiency technologies. 
(6) Linking research and development in renew-
able energy and energy efficiency technology with 
the development of standards and curricula for cur-
rent and future jobs. 
(7) Assessing new employment and work prac-
tices including career ladder and upgrade training as 
well as high performance work systems. 
(8) Providing technical assistance and capacity 
building to national and State energy partnerships, 
including industry and labor representatives. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$10,000,000 for each fiscal years 2021 through 2025. 
PART 4—CLEAN ENERGY ECONOMY WORKFORCE 
SEC. 12131. CLEAN ENERGY ECONOMY WORKFORCE PRO-
GRAM. 
(a) DEFINITIONS.—In this section:
1049 
(1) COAL-RELATED FACILITY.—The term ‘‘coal- 
related facility’’ includes a coal mine or coal-fueled 
electric generating facility. 
(2) COAL-RELATED
GENERATING
FACILITY.— 
The term ‘‘coal-related industrial facility’’ includes a 
facility in the manufacturing and transportation 
supply chains of a coal-related facility. 
(3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means a National Laboratory, business, or labor 
organization that demonstrates success in placing 
graduates of pre-apprenticeship or apprenticeship 
programs in jobs relevant to such programs and— 
(A) is directly involved with zero-emission 
electricity technology, energy efficiency, or other 
activity that results in a reduction in green-
house gas emissions, as determined by the Sec-
retary; 
(B) works on behalf of a business or labor 
organization that is directly involved with zero 
emission electricity technology, energy effi-
ciency, or other activity that results in a reduc-
tion in greenhouse gas emissions, as determined 
by the Secretary; 
(C) provides services related to—
1050 
(i) zero emission electricity technology 
deployment and maintenance and energy 
efficiency; 
(ii) grid modernization; or 
(iii) reduction in greenhouse gas emis-
sions through the use of zero-emission en-
ergy technologies; 
(D) has knowledge of technician workforce 
needs of a National Laboratory or covered facil-
ity of the National Nuclear security Administra-
tion and the associated security requirements of 
such laboratory or facility; 
(E) demonstrates experience in imple-
menting and operating apprenticeship programs 
or pre-apprenticeship programs that provide a 
direct pathway to an energy-related career; or 
(F) demonstrates success in placing grad-
uates of pre-apprenticeship or apprenticeship 
programs in jobs relevant to such programs. 
(4) ENERGY TRANSITION WORKER.—The term 
‘‘Energy Transition Worker’’ means a worker, in-
cluding workers employed by contractors or sub-
contractors, terminated, laid off from employment, 
or whose work hours have been reduced, on or after 
the date of enactment of this Act, from a coal-re-
1051 
lated facility, coal-related industrial facility or other 
energy related entity. 
(5) NATIONAL LABORATORY.—The term ‘‘Na-
tional Laboratory’’ means any of the following lab-
oratories owned by the Department of Energy: 
(A) Ames Laboratory. 
(B) Argonne National Laboratory. 
(C) Brookhaven National Laboratory. 
(D) Fermi National Accelerator Labora-
tory. 
(E) Idaho National Laboratory. 
(F) Lawrence Berkeley National Labora-
tory. 
(G) Lawrence Livermore National Labora-
tory. 
(H) Los Alamos National Laboratory. 
(I) National Energy Technology Labora-
tory. 
(J) National Renewable Energy Labora-
tory. 
(K) Oak Ridge National Laboratory. 
(L) Pacific Northwest National Labora-
tory. 
(M) Princeton Plasma Physics Laboratory. 
(N) Sandia National Laboratories.
1052 
(O) Savannah River National Laboratory. 
(P) Stanford Linear Accelerator Center. 
(Q) Thomas Jefferson National Accel-
erator Facility. 
(6) PROGRAM.—The term ‘‘program’’ means 
the program established under subsection (b). 
(b) ESTABLISHMENT.—The Secretary of Energy, in 
consultation with the Secretary of Labor, shall establish 
a program to provide competitively awarded cost shared 
grants to eligible entities to pay for pre-apprenticeship 
training for individuals or on-the-job training of a new or 
existing employee— 
(1) to work in zero emission electricity genera-
tion, energy efficiency, or grid modernization; 
(2) to work otherwise on the reduction of green-
house gas emissions; or 
(3) to participate in a pre-apprenticeship pro-
gram that provides a direct pathway to an energy- 
related career in construction through one or more 
apprenticeship programs. 
(c) GRANTS.— 
(1) IN GENERAL.—An eligible entity desiring a 
grant under the program shall submit to the Sec-
retary of Energy an application at such time, in
1053 
such manner, and containing such information a the 
Secretary of Energy may require. 
(2) PRIORITY FOR TARGETED COMMUNITIES.— 
In providing grants under the program, the Sec-
retary of Energy shall give priority to an eligible en-
tity that— 
(A) recruits employees— 
(i) from the 1 or more communities 
that are served by the eligible entity; and 
(ii) that are minorities, women, vet-
erans, individuals from Indian Tribes or 
Tribal organizations, or energy transition 
workers; 
(B) provides trainees with the opportunity 
to obtain real-world experience; or 
(C) has fewer than 100 employees; and 
(D) in the case of a pre-apprenticeship 
program, demonstrates— 
(i) a multi-year record of successfully 
recruiting energy transition workers, mi-
norities, women, and veterans for training 
and supporting such individuals to a suc-
cessful completion of a pre-apprenticeship 
program; and
1054 
(ii) a successful multi-year record of 
placing the majority of pre-apprenticeship 
program graduates into apprenticeship 
programs in the construction industry. 
(3) USE OF GRANT FOR FEDERAL SHARE.— 
(A) IN GENERAL.—An eligible entity shall 
use a grant received under the program to— 
(i) pay the Federal share of the cost 
of providing pre-apprenticeship training or 
on-the-job training for an individual, in ac-
cordance with subparagraph(B); or 
(ii) in the case of a pre-apprenticeship 
program— 
(I) recruiting minorities, women, 
and veterans for training; 
(II) supporting those individuals 
in the successful completion of the 
pre-apprenticeship program; and 
(III) carrying out any other ac-
tivity of the pre-apprenticeship pro-
gram, as determined to be appropriate 
by the Secretary of Labor, in con-
sultation with the Secretary.
1055 
(B) FEDERAL SHARE AMOUNT.—The Fed-
eral share described in subparagraph (A)(i) 
shall not exceed— 
(i) in the case of an eligible entity 
with 20 or fewer employees, 45 percent of 
the cost of on-the-job-training for an em-
ployee; 
(ii) in the case of an eligible entity 
with not fewer than 21 employees and not 
more than 99 employees, 37.5 percent of 
the cost of on-the-job-training for an em-
ployee; 
(iii) in the case of an eligible entity 
with not fewer than 100 employees, 20 
percent of the cost of on-the-job-training 
for an employee; and 
(iv) in the case of an eligible entity 
that administers a pre-apprenticeship pro-
gram, 75 percent of the cost of the pre-ap-
prenticeship program. 
(4) EMPLOYER
PAYMENT
OF
NON-FEDERAL 
SHARE.— 
(A) IN GENERAL.—The non-Federal share 
of the cost of providing on-the-job training for 
an employee under a grant received under the
1056 
program shall be paid in cash or in kind by the 
employer of the employee receiving the training 
or by a nonprofit organization. 
(B) INCLUSIONS.—The non-Federal share 
described in subparagraph (A) may include the 
amount of wages paid by the employer to the 
employee during the time that the employee is 
receiving on-the-job training, as fairly evaluated 
by the Secretary of Labor. 
(5) CONSTRUCTION.—In providing grants under 
the program for training, recruitment, and support 
relating to construction, eligible entities shall only 
include pre-apprenticeship programs that have an 
articulation agreement with one or more apprentice-
ship programs. 
(6) GRANT AMOUNT.—An eligible entity may 
not receive more than $1,000,000 per fiscal year in 
grant funds under the program. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $25,000,000 to the Sec-
retary of Energy to carry out the program for each of the 
fiscal years 2021 through 2030.
1057 
Subtitle B—Buy American and 
Wage Rate Requirements 
SEC. 12201. USE OF AMERICAN IRON, STEEL, AND MANU-
FACTURED GOODS. 
(a) None of the funds made available pursuant to this 
Act, or provisions of law added or amended by this Act, 
may be used for a project for the construction, alteration, 
maintenance, or repair of a public building or public work 
unless all of the iron, steel, and manufactured goods used 
in the project are produced in the United States. 
(b) Subsection (a) shall not apply in any case or cat-
egory of cases in which the head of the Federal depart-
ment or agency involved finds that— 
(1) applying subsection (a) would be incon-
sistent with the public interest; 
(2) iron, steel, and the relevant manufactured 
goods are not produced in the United States in suffi-
cient and reasonably available quantities and of a 
satisfactory quality; or 
(3) inclusion of iron, steel, and manufactured 
goods produced in the United States will increase 
the cost of the overall project by more than 25 per-
cent. 
(c) If the head of a Federal department or agency 
determines that it is necessary to waive the application
1058 
of subsection (a) based on a finding under subsection (b), 
the head of the department or agency shall publish in the 
Federal Register a detailed written justification as to why 
the provision is being waived. 
(d) This section shall be applied in a manner con-
sistent with United States obligations under international 
agreements. 
SEC. 12202. WAGE RATE REQUIREMENTS. 
Notwithstanding any other provision of law and in 
a manner consistent with other provisions in this Act, all 
laborers and mechanics employed by contractors and sub-
contractors on projects funded directly by or assisted in 
whole or in part by and through the Federal Government 
pursuant to this Act, or provisions of law added or amend-
ed by this Act, shall be paid wages at rates not less than 
those prevailing on projects of a character similar in the 
locality as determined by the Secretary of Labor in accord-
ance with subchapter IV of chapter 31 of title 40, United 
States Code. With respect to the labor standards specified 
in this section, the Secretary of Labor shall have the au-
thority and functions set forth in Reorganization Plan 
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and 
section 3145 of title 40, United States Code.
1059 
SEC. 12203. APPRENTICESHIPS. 
(a) IN GENERAL.—Any funds made available under 
this Act to fund an apprenticeship or pre-apprenticeship 
program shall only be used for, or provided to, apprentice-
ship and pre-apprenticeship programs as defined this sec-
tion, including any funds awarded for the purposes of 
grants, contracts, or cooperative agreements, or the devel-
opment, implementation, or administration of a program 
funded in whole or part by federal funds under this Act. 
(b) APPRENTICESHIP DEFINED.—In this Act, the 
term ‘‘apprenticeship’’ means an apprenticeship— 
(1) registered under the Act of August 16, 
1937 (commonly known as the ‘‘National Appren-
ticeship Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 
50 et seq.); and 
(2) that complies with the requirements of sub-
part A of part 29 of title 29, Code of Federal Regu-
lations, and part 30 of such title (as in effect on 
September 18, 2020). 
(c) PRE-APPRENTICESHIP DEFINED.—In this Act, 
the term ‘‘pre-apprenticeship’’ or ‘‘pre-apprenticeship pro-
gram’’ means a training model or program that— 
(1) is designed to prepare participants to enter 
an apprenticeship program;
1060 
(2) is carried out by a sponsor that has a writ-
ten agreement with 1 or more sponsors of appren-
ticeship programs; and 
(3) includes each of the following: 
(A) Training (including a curriculum for 
the training) aligned with industry standards 
related to an apprenticeship program and re-
viewed and approved annually by sponsors of 
the apprenticeship program that are parties to 
the written agreement, and that will prepare 
participants by teaching the skills and com-
petencies needed to enter 1 or more apprentice-
ship programs. 
(B) Hands-on training and theoretical edu-
cation for participants that does not displace a 
paid employee. 
(C) A formal agreement with a sponsor of 
an apprenticeship program that would enable 
participants who successfully complete the pre- 
apprenticeship program— 
(i) to enter into the apprenticeship 
program if a place in the program is avail-
able and if the participant meets the quali-
fications of the apprenticeship program; 
and
1061 
(ii) to earn credits towards the ap-
prenticeship program. 
Subtitle C—Natural Resources 
SEC. 12301. OFFSHORE WIND CAREER TRAINING GRANT 
PROGRAM. 
(a) GRANTS AUTHORIZED.—Beginning 180 days 
after the date of the enactment of this section, the Sec-
retary may award offshore wind career training grants to 
eligible entities for the purpose of establishing or expand-
ing educational or career training programs that provide 
individuals in such programs skills and competencies nec-
essary for employment in the offshore wind industry. 
(b) ALLOCATION OF GRANTS.— 
(1) LIMITATION
ON
GRANT
QUANTITY
AND 
SIZE.—An eligible entity may not be awarded— 
(A) more than one grant under this section 
for which the eligible entity is the lead appli-
cant; or 
(B) a grant under this section in excess of 
$2,500,000. 
(2) ALLOCATION TO COMMUNITY COLLEGES.— 
Not less than 25 percent of the total amount award-
ed under this section for a fiscal year shall be 
awarded to eligible entities that are community col-
leges.
1062 
(c) PARTNERSHIPS.—An eligible entity seeking to re-
ceive a grant under this section shall establish or partner 
with one or more of the following: 
(1) Another eligible entity (including an eligible 
entity that is a community college). 
(2) A State or local government agency respon-
sible for education, workforce development or off-
shore wind energy activities. 
(3) A qualified intermediary. 
(d) USE OF GRANT.—An eligible entity may use a 
grant awarded under this section for the following activi-
ties: 
(1) Occupational skills training, including cur-
riculum development and class-room instruction. 
(2) Safety and health training. 
(3) The provision of English language acquisi-
tion and employability skills. 
(4) Individual referral and tuition assistance for 
a community college training program. 
(5) Career pathway development or expansion 
for offshore wind industry occupations. 
(6) The development or expansion of work- 
based learning or incumbent worker training pro-
grams aligned with career pathways in a field re-
lated to the offshore wind industry, such as paid in-
1063 
ternships, registered apprenticeships and programs 
articulating to an apprenticeship program, cus-
tomized training, or transitional jobs. 
(7) Curriculum development at the under-grad-
uate and postgraduate levels. 
(8) Development and support of offshore wind 
energy major, minor, or certificate programs. 
(9) Such other activities, as determined by the 
Secretary, to meet the purposes of this section. 
(e) GRANT PROPOSALS.— 
(1) SUBMISSION PROCEDURE FOR GRANT PRO-
POSALS.—An eligible entity seeking to receive a 
grant under this section shall submit a grant pro-
posal to the Secretary at such time, in such manner, 
and containing such information as the Secretary 
may require. 
(2) CONTENT OF GRANT PROPOSALS.—A grant 
proposal submitted to the Secretary under this sec-
tion shall include a detailed description of— 
(A) the specific project for which the grant 
proposal is submitted, including the manner in 
which the grant will be used to develop, offer, 
or improve an educational or career training 
program that will provide individuals in such
1064 
program the skills and competencies necessary 
for employment in the offshore wind industry; 
(B) any previous experience of the eligible 
entity in providing such educational or career 
training programs; 
(C) the extent to which such project will 
meet the educational or career training needs; 
(D) the quantitative data that dem-
onstrates the demand for employment for such 
program in the geographic area served by the 
eligible entity, including wages and benefits for 
such employment; 
(E) a description of the entities involved in 
the industry or sector partnership; and 
(F) a description of the activities the eligi-
ble entity will carry out. 
(f) CRITERIA FOR AWARD OF GRANTS.— 
(1) IN
GENERAL.—Subject to appropriations, 
the Secretary shall award grants under this section 
based on an evaluation of— 
(A) the merits of the grant proposal; 
(B) the available or projected employment 
opportunities, including the projected wages 
and benefits, available to individuals who com-
plete the educational or career training program
1065 
that the eligible entity proposes to develop, 
offer, or improve; and 
(C) the availability and capacity of existing 
educational or career training programs in the 
community to meet future demand for such 
programs. 
(2) PRIORITY.—Priority in awarding grants 
under this section shall be given to an eligible entity 
that— 
(A) is— 
(i) an institution of higher education 
that has formed a partnership with a labor 
organization or joint-labor management or-
ganization; or 
(ii) a labor organization or joint-labor 
management organization that has formed 
a partnership with an institute of higher 
education; 
(B) has entered into a memorandum of un-
derstanding with one or more employers in the 
offshore wind industry to partner on the estab-
lishment or expansion of programs funded 
under this Act; 
(C) is located in an economically distressed 
area;
1066 
(D) serves a high number or high percent-
age of individuals who are— 
(i) dislocated workers (particularly 
workers dislocated from the offshore oil 
and gas, onshore fossil fuel, nuclear en-
ergy, or fishing industries); 
(ii) veterans, members of the reserve 
components of the Armed Forces, or 
former members of such reserve compo-
nents; 
(iii) unemployed, underemployed, or 
disconnected; 
(iv) individuals with barriers to em-
ployment; 
(v) in-school and out-of-school youth; 
or 
(vi) 
formerly 
incarcerated, 
adju-
dicated, nonviolent offenders; 
(E) an eligible entity that proposes to 
serve a high percentage or number of low-in-
come or minority students; or 
(F) demonstration of or established plans 
for the eligible entity to be included on the list 
of eligible providers of training services de-
scribed in section 122(d) of the Workforce In-
1067 
novation and Opportunity Act (29 U.S.C. 
3152(d)). 
(3) GEOGRAPHIC
DISTRIBUTION.—The Sec-
retary shall, to the extent practicable, award grants 
under this section in a manner that provides for a 
reasonable geographic distribution, except that the 
Secretary shall not be required to award grants 
equally among different regions of the United 
States. 
(g) MATCHING REQUIREMENTS.—A grant awarded 
under this section may not be used to satisfy any non- 
Federal funds matching requirement under any other pro-
vision of law. 
(h) GRANTEE DATA COLLECTION.— 
(1) IN GENERAL.—A grantee, with respect to 
the educational or career training program for which 
the grantee received a grant under this section, shall 
collect and report to the Secretary on an annual 
basis the following: 
(A) The number of participants enrolled in 
the educational or career training program. 
(B) The number of participants that have 
completed the educational or career training 
programing the last 12 months.
1068 
(C) The services received by such partici-
pants, including a description of training, edu-
cation, and supportive services. 
(D) The amount spent by the grantee per 
participant. 
(E) The percentage of job placement of 
participants in the offshore wind industry or re-
lated fields. 
(F) The percentage of employment reten-
tion— 
(i) if the eligible entity is not an insti-
tution of higher education, 1 year after 
completion of the educational or career 
training program; or 
(ii) if the eligible entity is an institu-
tion of higher education, 1 year after com-
pletion of the educational or career train-
ing program or 1 year after the participant 
is no longer enrolled in such institution of 
higher education, whichever is later. 
(G) The percentage of program partici-
pants who obtain a recognized postsecondary 
credential, or a secondary school diploma or its 
recognized equivalent during participation in or 
within 1 year after exit from the program.
1069 
(2) DISAGGREGATION OF DATA.—The data col-
lected and reported under this subsection shall be 
disaggregated by each population specified in section 
3(24) of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3102(24)) and by race, ethnicity, 
sex, and age. 
(3) ASSISTANCE FROM SECRETARY.—The Sec-
retary shall assist grantees in the collection of data 
under this subsection by making available, where 
practicable, low-cost means of tracking the labor 
market outcomes of participants (including through 
coordination with the Secretary of Labor) and by 
providing standardized reporting forms, where ap-
propriate. The Secretary shall provide technical as-
sistance and oversight to assist the eligible entities 
in applying for and administering grants. 
(j) GUIDELINES.—Not later than 90 days after the 
date of the enactment of this section, the Secretary shall— 
(1) promulgate guidelines for the submission of 
grant proposals; and 
(2) publish and maintain such guidelines on a 
public website of the Secretary. 
(k) REPORTING REQUIREMENT.—Not later than 18 
months after the date of the enactment of this section, 
and every 2 years thereafter, the Secretary shall submit
1070 
a report to the Committee on Natural Resources of the 
House of Representatives, the Committee on Energy and 
Natural Resources of the Senate, the Committee on Edu-
cation and Labor of the House of Representatives, and 
the Committee on Health, Education, Labor, and Pen-
sions of the Senate on the grant program established by 
this section. The report shall include a description of the 
grantees and the activities for which grantees used a grant 
awarded under this section. 
(l) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated for purposes of this sec-
tion $25,000,000 for each of fiscal years 2021 through 
2025. The Secretary may use not more than 2 percent 
of the amount appropriated for each fiscal year for admin-
istrative expenses, including the expenses of providing the 
technical assistance and oversight activities. 
(m) DEFINITIONS.—In this section: 
(1) COMMUNITY COLLEGE.—The term ‘‘commu-
nity college’’ has the meaning given the term ‘‘junior 
or community college’’ in section 312(f) of the High-
er Education Act of 1965 (20 U.S.C. 1058(f)). 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means an entity that is—
1071 
(A) an institution of higher education, as 
such term is defined in section 101 of the High-
er Education Act of 1965 (20 U.S.C. 1001)); or 
(B) a labor organization or a joint labor 
management organization. 
(3) GRANTEE.—The term ‘‘grantee’’ means an 
eligible entity that has received a grant under this 
section. 
(4) LEAD APPLICANT.—The term ‘‘lead appli-
cant’’ means the eligible entity that is primarily re-
sponsible for the preparation, conduct, and adminis-
tration of the project for which the grant was award-
ed. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, in consultation with 
the Secretary of Energy, the Secretary of Education, 
and the Secretary of Labor. 
(6) CARL D. PERKINS CAREER AND TECHNICAL 
EDUCATION ACT TERMS.—The terms ‘‘area career 
and technical education school’’, ‘‘qualified inter-
mediary’’, ‘‘Tribal educational agency’’, and ‘‘work- 
based learning’’ have the meanings given the terms 
in section 3 of the Carl D. Perkins Career and Tech-
nical Education Act of 2006 (20 U.S.C. 2302).
1072 
(7) WORKFORCE
INNOVATION
AND
OPPOR-
TUNITY ACT TERMS.—The terms ‘‘career pathway’’, 
‘‘dislocated worker’’, ‘‘English language acquisition’’, 
‘‘in-school youth’’, ‘‘individuals with barriers to em-
ployment’’, ‘‘industry or sector partnership’’, ‘‘on- 
the-job training’’, ‘‘out-of-school youth’’, ‘‘recognized 
postsecondary credential’’, ‘‘supportive services’’, 
have the meanings given the terms in section 3 of 
the Workforce Innovation and Opportunity Act (29 
U.S.C. 3102). 
SEC. 12302. DATA PRESERVATION. 
Subsection (k) of the National Geological and Geo-
physical Data Preservation Program Act of 2005 (42 
U.S.C. 15908(k)) is amended by striking ‘‘2006 through 
2010’’ and inserting ‘‘2021 through 2025’’. 
SEC. 12303. EXTENSION OF AUTHORITY FOR NON-OIL AND 
GAS OPERATIONS ON THE OUTER CONTI-
NENTAL SHELF. 
Section 4(a)(1) of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1333(a)(1)) is amended to read as follows: 
‘‘(1) JURISDICTION OF THE UNITED STATES ON 
THE OUTER CONTINENTAL SHELF.— 
‘‘(A) IN GENERAL.—The Constitution and 
laws and civil and political jurisdiction of the 
United States are extended, to the same extent
1073 
as if the outer Continental Shelf were an area 
of exclusive Federal jurisdiction located within 
a State, to— 
‘‘(i) the subsoil and seabed of the 
outer Continental Shelf; 
‘‘(ii) all artificial islands on the outer 
Continental Shelf; 
‘‘(iii) all installations and other de-
vices permanently or temporarily attached 
to the seabed, which may be erected there-
on for the purpose of exploring for, devel-
oping, or producing resources therefrom or 
producing or supporting the production of 
energy from sources other than oil and 
gas; and 
‘‘(iv) any such installation or other 
device (other than a ship or vessel) for the 
purpose of transporting such resources or 
transmitting energy. 
‘‘(B) 
LEASES
ISSUED
EXCLUSIVELY 
UNDER THIS ACT.—Mineral or energy leases on 
the outer Continental Shelf shall be maintained 
or issued only under the provisions of this 
Act.’’.
1074 
Subtitle D—Clean Energy and 
Sustainability Accelerator 
SEC. 12401. CLEAN ENERGY AND SUSTAINABILITY ACCEL-
ERATOR. 
Title XVI of the Energy Policy Act of 2005 (Public 
Law 109–58, as amended) is amended by adding at the 
end the following new subtitle: 
‘‘Subtitle C—Clean Energy and 
Sustainability Accelerator 
‘‘SEC. 1621. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) ACCELERATOR.—The term ‘Accelerator’ 
means the Clean Energy and Sustainability Accel-
erator established under section 1622. 
‘‘(2) BOARD.—The term ‘Board’ means the 
Board of Directors of the Accelerator. 
‘‘(3) CHIEF
EXECUTIVE
OFFICER.—The term 
‘chief executive officer’ means the chief executive of-
ficer of the Accelerator. 
‘‘(4) CLIMATE-IMPACTED
COMMUNITIES.—The 
term ‘climate-impacted communities’ includes— 
‘‘(A) communities of color, which include 
any geographically distinct area the population 
of color of which is higher than the average
1075 
population of color of the State in which the 
community is located; 
‘‘(B) communities that are already or are 
likely to be the first communities to feel the di-
rect negative effects of climate change; 
‘‘(C) 
distressed 
neighborhoods, 
dem-
onstrated by indicators of need, including pov-
erty, childhood obesity rates, academic failure, 
and rates of juvenile delinquency, adjudication, 
or incarceration; 
‘‘(D) low-income communities, defined as 
any census block group in which 30 percent or 
more of the population are individuals with low 
income; 
‘‘(E) low-income households, defined as a 
household with annual income equal to, or less 
than, the greater of— 
‘‘(i) an amount equal to 80 percent of 
the median income of the area in which the 
household is located, as reported by the 
Department of Housing and Urban Devel-
opment; and 
‘‘(ii) 200 percent of the Federal pov-
erty line; and
1076 
‘‘(F) rural areas, which include any area 
other than— 
‘‘(i) a city or town that has a popu-
lation of greater than 50,000 inhabitants; 
and 
‘‘(ii) any urbanized area contiguous 
and adjacent to a city or town described in 
clause (i). 
‘‘(5) CLIMATE RESILIENT INFRASTRUCTURE.— 
The term ‘climate resilient infrastructure’ means 
any project that builds or enhances infrastructure so 
that such infrastructure— 
‘‘(A) is planned, designed, and operated in 
a way that anticipates, prepares for, and adapts 
to changing climate conditions; and 
‘‘(B) can withstand, respond to, and re-
cover rapidly from disruptions caused by these 
climate conditions. 
‘‘(6) ELECTRIFICATION.—The term ‘electrifica-
tion’ means the installation, construction, or use of 
end-use electric technology that replaces existing fos-
sil-fuel-based technology. 
‘‘(7) ENERGY EFFICIENCY.—The term ‘energy 
efficiency’ means any project, technology, function, 
or measure that results in the reduction of energy
1077 
use required to achieve the same level of service or 
output prior to the application of such project, tech-
nology, function, or measure, or substantially re-
duces greenhouse gas emissions relative to emissions 
that would have occurred prior to the application of 
such project, technology, function, or measure. 
‘‘(8) FUEL SWITCHING.—The term ‘fuel switch-
ing’ means any project that replaces a fossil-fuel- 
based heating system with an electric-powered sys-
tem or one powered by biomass-generated heat. 
‘‘(9) GREEN
BANK.—The term ‘green bank’ 
means a dedicated public or nonprofit specialized fi-
nance entity that— 
‘‘(A) is designed to drive private capital 
into market gaps for low- and zero-emission 
goods and services; 
‘‘(B) uses finance tools to mitigate climate 
change; 
‘‘(C) does not take deposits; 
‘‘(D) is funded by government, public, pri-
vate, or charitable contributions; and 
‘‘(E) invests or finances projects— 
‘‘(i) alone; or 
‘‘(ii) in conjunction with other inves-
tors.
1078 
‘‘(10) QUALIFIED PROJECTS.—The term ‘quali-
fied projects’ means the following kinds of tech-
nologies and activities that are eligible for financing 
and investment from the Clean Energy and Sustain-
ability Accelerator, either directly or through State 
and local green banks funded by the Clean Energy 
and Sustainability Accelerator: 
‘‘(A) Renewable energy generation, includ-
ing the following: 
‘‘(i) Solar. 
‘‘(ii) Wind. 
‘‘(iii) Geothermal. 
‘‘(iv) Hydropower. 
‘‘(v) Ocean and hydrokinetic. 
‘‘(vi) Fuel cell. 
‘‘(B) 
Building 
energy 
efficiency, 
fuel 
switching, and electrification. 
‘‘(C) Industrial decarbonization. 
‘‘(D) Grid technology such as trans-
mission, distribution, and storage to support 
clean energy distribution, including smart-grid 
applications. 
‘‘(E) Agriculture and forestry projects that 
reduce net greenhouse gas emissions.
1079 
‘‘(F) Clean transportation, including the 
following: 
‘‘(i) Battery electric vehicles. 
‘‘(ii) Plug-in hybrid electric vehicles. 
‘‘(iii) Hydrogen vehicles. 
‘‘(iv) Other zero-emissions fueled vehi-
cles. 
‘‘(v) Related vehicle charging and 
fueling infrastructure. 
‘‘(G) Climate resilient infrastructure. 
‘‘(H) Any other key areas identified by the 
Board as consistent with the mandate of the 
Accelerator as described in section 1623. 
‘‘(11) RENEWABLE
ENERGY
GENERATION.— 
The term ‘renewable energy generation’ means elec-
tricity created by sources that are continually replen-
ished by nature, such as the sun, wind, and water. 
‘‘SEC. 1622. ESTABLISHMENT. 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this subtitle, there shall be estab-
lished a nonprofit corporation to be known as the ‘Clean 
Energy and Sustainability Accelerator’. 
‘‘(b) LIMITATION.—The Accelerator shall not be an 
agency or instrumentality of the Federal Government.
1080 
‘‘(c) FULL FAITH AND CREDIT.—The full faith and 
credit of the United States shall not extend to the Accel-
erator. 
‘‘(d) NONPROFIT STATUS.—The Accelerator shall 
maintain its status as an organization exempt from tax-
ation under the Internal Revenue Code of 1986 (26 U.S.C. 
1 et seq.). 
‘‘SEC. 1623. MANDATE. 
‘‘The Accelerator shall make the United States a 
world leader in combating the causes and effects of climate 
change through the rapid deployment of mature tech-
nologies and scaling of new technologies by maximizing 
the reduction of emissions in the United States for every 
dollar deployed by the Accelerator, including by— 
‘‘(1) providing financing support for invest-
ments in the United States in low- and zero-emis-
sions technologies and processes in order to rapidly 
accelerate market penetration; 
‘‘(2) catalyzing and mobilizing private capital 
through Federal investment and supporting a more 
robust marketplace for clean technologies, while 
avoiding competition with private investment; 
‘‘(3) enabling climate-impacted communities to 
benefit from and afford projects and investments 
that reduce emissions;
1081 
‘‘(4) providing support for workers and commu-
nities impacted by the transition to a low-carbon 
economy; 
‘‘(5) supporting the creation of green banks 
within the United States where green banks do not 
exist; and 
‘‘(6) causing the rapid transition to a clean en-
ergy economy without raising energy costs to end 
users and seeking to lower costs where possible. 
‘‘SEC. 1624. FINANCE AND INVESTMENT DIVISION. 
‘‘(a) IN GENERAL.—There shall be within the Accel-
erator a finance and investment division, which shall be 
responsible for— 
‘‘(1) the Accelerator’s greenhouse gas emissions 
mitigation efforts by directly financing qualifying 
projects or doing so indirectly by providing capital to 
State and local green banks; 
‘‘(2) originating, evaluating, underwriting, and 
closing the Accelerator’s financing and investment 
transactions in qualified projects; 
‘‘(3) partnering with private capital providers 
and capital markets to attract coinvestment from 
private banks, investors, and others in order to drive 
new investment into underpenetrated markets, to in-
crease the efficiency of private capital markets with
1082 
respect to investing in greenhouse gas reduction 
projects, and to increase total investment caused by 
the Accelerator; 
‘‘(4) managing the Accelerator’s portfolio of as-
sets to ensure performance and monitor risk; 
‘‘(5) ensuring appropriate debt and risk mitiga-
tion products are offered; and 
‘‘(6) overseeing prudent, noncontrolling equity 
investments. 
‘‘(b) PRODUCTS AND INVESTMENT TYPES.—The fi-
nance and investment division of the Accelerator may pro-
vide capital to qualified projects in the form of— 
‘‘(1) senior, mezzanine, and subordinated debt; 
‘‘(2) credit enhancements including loan loss re-
serves and loan guarantees; 
‘‘(3) aggregation and warehousing; 
‘‘(4) equity capital; and 
‘‘(5) any other financial product approved by 
the Board. 
‘‘(c) STATE AND LOCAL GREEN BANK CAPITALIZA-
TION.—The finance and investment division of the Accel-
erator shall make capital available to State and local green 
banks to enable such banks to finance qualifying projects 
in their markets that are better served by a locally based
1083 
entity, rather than through direct investment by the Accel-
erator. 
‘‘(d) INVESTMENT COMMITTEE.—The debt, risk miti-
gation, and equity investments made by the Accelerator 
shall be— 
‘‘(1) approved by the investment committee of 
the Board; and 
‘‘(2) consistent with an investment policy that 
has been established by the investment committee of 
the Board in consultation with the risk management 
committee of the Board. 
‘‘SEC. 1625. START-UP DIVISION. 
‘‘There shall be within the Accelerator a Start-up Di-
vision, which shall be responsible for providing technical 
assistance and start-up funding to States and other polit-
ical subdivisions that do not have green banks to establish 
green banks in those States and political subdivisions, in-
cluding by working with relevant stakeholders in those 
States and political subdivisions. 
‘‘SEC. 1626. ZERO-EMISSIONS FLEET AND RELATED INFRA-
STRUCTURE FINANCING PROGRAM. 
‘‘Not later than 1 year after the date of establishment 
of the Accelerator, the Accelerator shall explore the estab-
lishment of a program to provide low- and zero-interest 
loans, up to 30 years in length, to any school, metropolitan
1084 
planning organization, or nonprofit organization seeking 
financing for the acquisition of zero-emissions vehicle 
fleets or associated infrastructure to support zero-emis-
sions vehicle fleets. 
‘‘SEC. 1627. PROJECT PRIORITIZATION AND REQUIRE-
MENTS. 
‘‘(a) EMISSIONS REDUCTION MANDATE.—In invest-
ing in projects that mitigate greenhouse gas emissions, the 
Accelerator shall maximize the reduction of emissions in 
the United States for every dollar deployed by the Accel-
erator. 
‘‘(b) ENVIRONMENTAL JUSTICE PRIORITIZATION.— 
‘‘(1) IN GENERAL.—In order to address envi-
ronmental justice needs, the Accelerator shall, as ap-
plicable, prioritize the provision of program benefits 
and investment activity that are expected to directly 
or indirectly result in the deployment of projects to 
serve, as a matter of official policy, climate-impacted 
communities. 
‘‘(2) MINIMUM PERCENTAGE.—The Accelerator 
shall ensure that over the 30-year period of its char-
ter 20 percent of its investment activity is directed 
to serve climate-impacted communities. 
‘‘(c) CONSUMER PROTECTION.—
1085 
‘‘(1) PRIORITIZATION.—Consistent with man-
date under section 1623 to maximize the reduction 
of emissions in the United States for every dollar de-
ployed by the Accelerator, the Accelerator shall 
prioritize qualified projects according to benefits 
conferred on consumers and affected communities. 
‘‘(2) CONSUMER
CREDIT
PROTECTION.—The 
Accelerator shall ensure that any residential energy 
efficiency or distributed clean energy project in 
which the Accelerator invests directly or indirectly 
complies with the requirements of the Consumer 
Credit Protection Act (15 U.S.C. 1601 et seq.), in-
cluding, in the case of a financial product that is a 
residential mortgage loan, any requirements of title 
I of that Act relating to residential mortgage loans 
(including any regulations promulgated by the Bu-
reau of Consumer Financial Protection under sec-
tion 
129C(b)(3)(C) 
of 
that 
Act 
(15 
U.S.C. 
1639c(b)(3)(C))). 
‘‘(d) LABOR.— 
‘‘(1) IN GENERAL.—The Accelerator shall en-
sure that laborers and mechanics employed by con-
tractors and subcontractors in construction work fi-
nanced directly by the Accelerator will be paid wages 
not less than those prevailing on similar construction
1086 
in the locality, as determined by the Secretary of 
Labor under sections 3141 through 3144, 3146, and 
3147 of title 40, United States Code. 
‘‘(2) PROJECT LABOR AGREEMENT.—The Accel-
erator shall ensure that projects financed directly by 
the 
Accelerator 
with 
total 
capital 
costs 
of 
$100,000,000 or greater utilize a project labor 
agreement. 
‘‘SEC. 1628. BOARD OF DIRECTORS. 
‘‘(a) IN GENERAL.—The Accelerator shall operate 
under the direction of a Board of Directors, which shall 
be composed of seven members. 
‘‘(b) INITIAL COMPOSITION AND TERMS.— 
‘‘(1) SELECTION.—The initial members of the 
Board shall be selected as follows: 
‘‘(A) APPOINTED MEMBERS.—Three mem-
bers shall be appointed by the President, with 
the advice and consent of the Senate, of whom 
no more than two shall belong to the same po-
litical party. 
‘‘(B) ELECTED MEMBERS.—Four members 
shall be elected unanimously by the three mem-
bers appointed and confirmed pursuant to sub-
paragraph (A).
1087 
‘‘(2) TERMS.—The terms of the initial members 
of the Board shall be as follows: 
‘‘(A) The three members appointed and 
confirmed under paragraph (1)(A) shall have 
initial 5-year terms. 
‘‘(B) Of the four members elected under 
paragraph (1)(B), two shall have initial 3-year 
terms, and two shall have initial 4-year terms. 
‘‘(c) SUBSEQUENT COMPOSITION AND TERMS.— 
‘‘(1) SELECTION.—Except for the selection of 
the initial members of the Board for their initial 
terms under subsection (b), the members of the 
Board shall be elected by the members of the Board. 
‘‘(2) DISQUALIFICATION.—A member of the 
Board shall be disqualified from voting for any posi-
tion on the Board for which such member is a can-
didate. 
‘‘(3) TERMS.—All members elected pursuant to 
paragraph (1) shall have a term of 5 years. 
‘‘(d) QUALIFICATIONS.—The members of the Board 
shall collectively have expertise in— 
‘‘(1) the fields of clean energy, electric utilities, 
industrial decarbonization, clean transportation, re-
siliency, and agriculture and forestry practices; 
‘‘(2) climate change science;
1088 
‘‘(3) finance and investments; and 
‘‘(4) environmental justice and matters related 
to the energy and environmental needs of climate- 
impacted communities. 
‘‘(e) RESTRICTION ON MEMBERSHIP.—No officer or 
employee of the Federal or any other level of government 
may be appointed or elected as a member of the Board. 
‘‘(f) QUORUM.—Five members of the Board shall 
constitute a quorum. 
‘‘(g) BYLAWS.— 
‘‘(1) IN GENERAL.—The Board shall adopt, and 
may amend, such bylaws as are necessary for the 
proper management and functioning of the Accel-
erator. 
‘‘(2) OFFICERS.—In the bylaws described in 
paragraph (1), the Board shall— 
‘‘(A) designate the officers of the Accel-
erator; and 
‘‘(B) prescribe the duties of those officers. 
‘‘(h) VACANCIES.—Any vacancy on the Board shall 
be filled through election by the Board. 
‘‘(i) INTERIM APPOINTMENTS.—A member elected to 
fill a vacancy occurring before the expiration of the term 
for which the predecessor of that member was appointed 
or elected shall serve for the remainder of the term for
1089 
which the predecessor of that member was appointed or 
elected. 
‘‘(j) REAPPOINTMENT.—A member of the Board may 
be elected for not more than one additional term of service 
as a member of the Board. 
‘‘(k) CONTINUATION OF SERVICE.—A member of the 
Board whose term has expired may continue to serve on 
the Board until the date on which a successor member 
is elected. 
‘‘(l) CHIEF EXECUTIVE OFFICER.—The Board shall 
appoint a chief executive officer who shall be responsible 
for— 
‘‘(1) hiring employees of the Accelerator; 
‘‘(2) establishing the two divisions of the Accel-
erator described in sections 1624 and 1625; and 
‘‘(3) performing any other tasks necessary for 
the day-to-day operations of the Accelerator. 
‘‘(m) ADVISORY COMMITTEE.— 
‘‘(1) ESTABLISHMENT.—The Accelerator shall 
establish an advisory committee (in this subsection 
referred to as the ‘advisory committee’), which shall 
be composed of not more than 13 members ap-
pointed by the Board on the recommendation of the 
president of the Accelerator.
1090 
‘‘(2) MEMBERS.—Members of the advisory com-
mittee shall be broadly representative of interests 
concerned with the environment, production, com-
merce, finance, agriculture, forestry, labor, services, 
and State Government. Of such members— 
‘‘(A) not fewer than three shall be rep-
resentatives of the small business community; 
‘‘(B) not fewer than two shall be rep-
resentatives of the labor community, except that 
no two members may be from the same labor 
union; 
‘‘(C) not fewer than two shall be represent-
atives of the environmental nongovernmental 
organization community, except that no two 
members may be from the same environmental 
organization; 
‘‘(D) not fewer than two shall be rep-
resentatives of the environmental justice non-
governmental organization community, except 
that no two members may be from the same en-
vironmental organization; 
‘‘(E) not fewer than two shall be rep-
resentatives of the consumer protection and fair 
lending community, except that no two mem-
1091 
bers may be from the same consumer protection 
or fair lending organization; and 
‘‘(F) not fewer than two shall be represent-
atives of the financial services industry with 
knowledge of and experience in financing trans-
actions for clean energy and other sustainable 
infrastructure assets. 
‘‘(3) MEETINGS.—The advisory committee shall 
meet not less frequently than once each quarter. 
‘‘(4) DUTIES.—The advisory committee shall— 
‘‘(A) advise the Accelerator on the pro-
grams undertaken by the Accelerator; and 
‘‘(B) submit to the Congress an annual re-
port with comments from the advisory com-
mittee on the extent to which the Accelerator is 
meeting the mandate described in section 1623, 
including any suggestions for improvement. 
‘‘(n) CHIEF RISK OFFICER.— 
‘‘(1) APPOINTMENT.—Subject to the approval 
of the Board, the chief executive officer shall appoint 
a chief risk officer from among individuals with ex-
perience at a senior level in financial risk manage-
ment, who— 
‘‘(A) shall report directly to the Board; 
and
1092 
‘‘(B) shall be removable only by a majority 
vote of the Board. 
‘‘(2) DUTIES.—The chief risk officer, in coordi-
nation with the risk management and audit commit-
tees established under section 1631, shall develop, 
implement, and manage a comprehensive process for 
identifying, assessing, monitoring, and limiting risks 
to the Accelerator, including the overall portfolio di-
versification of the Accelerator. 
‘‘SEC. 1629. ADMINISTRATION. 
‘‘(a) CAPITALIZATION.— 
‘‘(1) IN GENERAL.—To the extent and in the 
amounts provided in advance in appropriations Acts, 
the Secretary of Energy shall transfer to the Accel-
erator— 
‘‘(A) $10,000,000,000 on the date on 
which the Accelerator is established under sec-
tion 1622; and 
‘‘(B) $2,000,000,000 on October 1 of each 
of the 5 fiscal years following that date. 
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
For purposes of the transfers under paragraph (1), 
there are authorized to be appropriated—
1093 
‘‘(A) $10,000,000,000 for the fiscal year in 
which the Accelerator is established under sec-
tion 1622; and 
‘‘(B) $2,000,000,000 for each of the 5 suc-
ceeding fiscal years. 
‘‘(b) CHARTER.—The Accelerator shall establish a 
charter, the term of which shall be 30 years. 
‘‘(c) OPERATIONAL FUNDS.—To sustain operations, 
the Accelerator shall manage revenue from financing fees, 
interest, repaid loans, and other types of funding. 
‘‘(d) REPORT.—The Accelerator shall submit on a 
quarterly basis to the relevant committees of Congress a 
report that describes the financial activities, emissions re-
ductions, and private capital mobilization metrics of the 
Accelerator for the previous quarter. 
‘‘(e) RESTRICTION.—The Accelerator shall not accept 
deposits. 
‘‘(f) COMMITTEES.—The Board shall establish com-
mittees and subcommittees, including— 
‘‘(1) an investment committee; and 
‘‘(2) in accordance with section 1630— 
‘‘(A) a risk management committee; and 
‘‘(B) an audit committee.
1094 
‘‘SEC. 1630. ESTABLISHMENT OF RISK MANAGEMENT COM-
MITTEE AND AUDIT COMMITTEE. 
‘‘(a) IN GENERAL.—To assist the Board in fulfilling 
the duties and responsibilities of the Board under this sub-
title, the Board shall establish a risk management com-
mittee and an audit committee. 
‘‘(b) DUTIES AND RESPONSIBILITIES OF RISK MAN-
AGEMENT COMMITTEE.—Subject to the direction of the 
Board, the risk management committee established under 
subsection (a) shall establish policies for and have over-
sight responsibility for— 
‘‘(1) formulating the risk management policies 
of the operations of the Accelerator; 
‘‘(2) reviewing and providing guidance on oper-
ation of the global risk management framework of 
the Accelerator; 
‘‘(3) developing policies for— 
‘‘(A) investment; 
‘‘(B) enterprise risk management; 
‘‘(C) monitoring; and 
‘‘(D) 
management 
of 
strategic, 
reputational, regulatory, operational, develop-
mental, environmental, social, and financial 
risks; and 
‘‘(4) developing the risk profile of the Accel-
erator, including—
1095 
‘‘(A) a risk management and compliance 
framework; and 
‘‘(B) a governance structure to support 
that framework. 
‘‘(c) DUTIES AND RESPONSIBILITIES OF AUDIT COM-
MITTEE.—Subject to the direction of the Board, the audit 
committee established under subsection (a) shall have 
oversight responsibility for— 
‘‘(1) the integrity of— 
‘‘(A) the financial reporting of the Accel-
erator; and 
‘‘(B) the systems of internal controls re-
garding finance and accounting; 
‘‘(2) the integrity of the financial statements of 
the Accelerator; 
‘‘(3) the performance of the internal audit func-
tion of the Accelerator; and 
‘‘(4) compliance with the legal and regulatory 
requirements related to the finances of the Accel-
erator. 
‘‘SEC. 1631. OVERSIGHT. 
‘‘(a) EXTERNAL OVERSIGHT.—The inspector general 
of the Department of Energy shall have oversight respon-
sibilities over the Accelerator. 
‘‘(b) REPORTS AND AUDIT.—
1096 
‘‘(1) ANNUAL REPORT.—The Accelerator shall 
publish an annual report which shall be transmitted 
by the Accelerator to the President and the Con-
gress. 
‘‘(2) ANNUAL AUDIT OF ACCOUNTS.—The ac-
counts of the Accelerator shall be audited annually. 
Such audits shall be conducted in accordance with 
generally accepted auditing standards by inde-
pendent certified public accountants who are cer-
tified by a regulatory authority of the jurisdiction in 
which the audit is undertaken. 
‘‘(3) ADDITIONAL AUDITS.—In addition to the 
annual audits under paragraph (2), the financial 
transactions of the Accelerator for any fiscal year 
during which Federal funds are available to finance 
any portion of its operations may be audited by the 
Government Accountability Office in accordance with 
such rules and regulations as may be prescribed by 
the Comptroller General of the United States. 
‘‘SEC. 1632. MAXIMUM CONTINGENT LIABILITY. 
‘‘The maximum contingent liability of the Accelerator 
that may be outstanding at any time shall be not more 
than $70,000,000,000 in the aggregate.’’.
1097 
Subtitle E—Scientific Integrity 
SEC. 12501. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) science and the scientific process should 
help inform and guide public policy decisions on a 
wide range of issues, including improvement of pub-
lic health, protection of the environment, and protec-
tion of national security; 
(2) the public must be able to trust the science 
and scientific process informing public policy deci-
sions; 
(3) science, the scientific process, and the com-
munication of science should be free from politics, 
ideology, and financial conflicts of interest; 
(4) policies and procedures that ensure the in-
tegrity of the conduct and communication of publicly 
funded science are critical to ensuring public trust; 
(5) a Federal agency that funds, conducts, or 
oversees research should not suppress, alter, inter-
fere with, or otherwise impede the timely commu-
nication and open exchange of data and findings to 
other agencies, policymakers, and the public of re-
search conducted by a scientist or engineer employed 
or contracted by a Federal agency that funds, con-
ducts, or oversees scientific research;
1098 
(6) Federal agencies that fund, conduct, or 
oversee research should work to prevent the suppres-
sion or distortion of the data and findings; 
(7) under the First Amendment to the Con-
stitution, citizens of the United States have the right 
to ‘‘petition the government for a redress of griev-
ances’’; and 
(8) Congress has further protected those rights 
under section 7211 of title 5, United States Code, 
which states, ‘‘the right of employees, individually or 
collectively, to petition Congress or a member of 
Congress . . . may not be interfered with or denied’’. 
SEC. 12502. AMENDMENT TO AMERICA COMPETES ACT. 
Section 1009 of the America COMPETES Act (42 
U.S.C. 6620) is amended by striking subsections (a) and 
(b) and inserting the following: 
‘‘(a) SCIENTIFIC INTEGRITY POLICIES.— 
‘‘(1) IN
GENERAL.—Not later than 90 days 
after the date of enactment of the Scientific Integ-
rity Act, the head of each covered agency shall— 
‘‘(A) adopt and enforce a scientific integ-
rity policy in accordance with subsections (b) 
and (c); and
1099 
‘‘(B) submit such policy to the Director of 
the Office of Science and Technology Policy for 
approval. 
‘‘(2) PUBLICATION.—Not later than 30 days 
after the Director of the Office of Science and Tech-
nology Policy approves the scientific integrity policy 
under paragraph (1), the head of each covered agen-
cy shall— 
‘‘(A) make such policy available to the 
public on the website of the agency; and 
‘‘(B) submit such policy to the relevant 
Committees of Congress. 
‘‘(b) REQUIREMENTS.—A scientific integrity policy 
under subsection (a)— 
‘‘(1) shall prohibit any covered individual 
from— 
‘‘(A) engaging in dishonesty, fraud, deceit, 
misrepresentation, coercive manipulation, or 
other scientific or research misconduct; 
‘‘(B) 
suppressing, 
altering, 
interfering 
with, delaying without scientific merit, or other-
wise impeding the release and communication 
of, scientific or technical findings; 
‘‘(C) intimidating or coercing an individual 
to alter or censor, attempting to intimidate or
1100 
coerce an individual to alter or censor, or retali-
ating against an individual for failure to alter 
or censor, scientific or technical findings; or 
‘‘(D) implementing an institutional barrier 
to cooperation with scientists outside the cov-
ered agency and the timely communication of 
scientific or technical findings; 
‘‘(2) shall allow a covered individual to— 
‘‘(A) disseminate scientific or technical 
findings, subject to existing law, by— 
‘‘(i) participating in scientific con-
ferences; and 
‘‘(ii) seeking publication in online and 
print publications through peer-reviewed, 
professional, or scholarly journals; 
‘‘(B) sit on scientific advisory or governing 
boards; 
‘‘(C) join or hold leadership positions on 
scientific councils, societies, unions, and other 
professional organizations; 
‘‘(D) contribute to the academic peer-re-
view process as reviewers or editors; and 
‘‘(E) participate and engage with the sci-
entific community;
1101 
‘‘(3) may require a covered individual to, before 
disseminating scientific or technical findings as de-
scribed in paragraph (2)(A), submit such findings to 
the agency for the purpose of review by the agency 
of the data and findings for technical accuracy if the 
scientific integrity policy outlines a clear and con-
sistent process for such review; and 
‘‘(4) shall require that— 
‘‘(A) scientific conclusions are not made 
based on political considerations; 
‘‘(B) the selection and retention of can-
didates for science and technology positions in 
the covered agency are based primarily on the 
candidate’s expertise, scientific credentials, ex-
perience, and integrity; 
‘‘(C) personnel actions regarding covered 
individuals, except for political appointees, are 
not taken on the basis of political consideration 
or ideology; 
‘‘(D) covered individuals adhere to the 
highest ethical and professional standards in 
conducting their research and disseminating 
their findings; 
‘‘(E) the appropriate rules, procedures, 
and safeguards are in place to ensure the integ-
1102 
rity of the scientific process within the covered 
agency; 
‘‘(F) scientific or technological information 
considered in policy decisions is subject to well- 
established scientific processes, including peer 
review where appropriate; 
‘‘(G) procedures, including procedures with 
respect to applicable whistleblower protections, 
are in place as are necessary to ensure the in-
tegrity of scientific and technological informa-
tion and processes on which the covered agency 
relies in its decision making or otherwise uses; 
and 
‘‘(H) enforcement of such policy is con-
sistent with the processes for an administrative 
hearing and an administrative appeal. 
‘‘(c) IMPLEMENTATION.—In carrying out subsection 
(a), the head of each covered agency shall— 
‘‘(1) design the scientific integrity policy to 
apply with respect to the covered agency; 
‘‘(2) ensure that such policy is clear with re-
spect to what activities are permitted and what ac-
tivities are not permitted; 
‘‘(3) ensure that there is a process for individ-
uals not employed or contracted by the agency, in-
1103 
cluding grantees, collaborators, partners, and volun-
teers, to report violations of the scientific integrity 
policy; 
‘‘(4) enforce such policy uniformly throughout 
the covered agency; and 
‘‘(5) make such policy available to the public, 
employees, private contractors, and grantees of the 
covered agency. 
‘‘(d) SCIENTIFIC INTEGRITY OFFICER.—Not later 
than 90 days after the date of enactment of this Act, each 
covered agency shall appoint a Scientific Integrity Officer, 
who shall— 
‘‘(1) be a career employee at the covered agency 
in a professional position; 
‘‘(2) have technical knowledge and expertise in 
conducting and overseeing scientific research; 
‘‘(3) direct the activities and duties described in 
subsections (e), (f), and (g); and 
‘‘(4) work closely with the inspector general of 
the covered agency, as appropriate. 
‘‘(e) ADMINISTRATIVE PROCESS AND TRAINING.— 
Not later than 180 days after the date of enactment of 
this Act, the head of each covered agency shall establish— 
‘‘(1) an administrative process and administra-
tive appeal process for dispute resolution consistent
1104 
with the scientific integrity policy of the covered 
agency adopted under subsection (a); and 
‘‘(2) a training program to provide— 
‘‘(A) regular scientific integrity and ethics 
training to employees and contractors of the 
covered agency; 
‘‘(B) new covered employees with training 
within one month of commencing employment; 
‘‘(C) information to ensure that covered in-
dividuals are fully aware of their rights and re-
sponsibilities regarding the conduct of scientific 
research, publication of scientific research, and 
communication with the media and the public 
regarding scientific research; and 
‘‘(D) information to ensure that covered 
individuals are fully aware of their rights and 
responsibilities for administrative hearings and 
appeals established in the covered agency’s sci-
entific integrity policy. 
‘‘(f) REPORTING.— 
‘‘(1) ANNUAL REPORT.—Each year, each Sci-
entific Integrity Officer appointed by a covered agen-
cy under subsection (d) shall post an annual report 
on the public website of the covered agency that in-
cludes, for the year covered by the report—
1105 
‘‘(A) the number of complaints of mis-
conduct with respect to the scientific integrity 
policy adopted under subsection (a)— 
‘‘(i) filed for administrative redress; 
‘‘(ii) petitioned for administrative ap-
peal; and 
‘‘(iii) still pending from years prior to 
the year covered by the report, if any; 
‘‘(B) an anonymized summary of each such 
complaint and the results of each such com-
plaint; and 
‘‘(C) any changes made to the scientific in-
tegrity policy. 
‘‘(2) INCIDENT REPORT.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days after the date on which an incident de-
scribed in subparagraph (B) occurs, the head of 
a covered agency shall submit a report describ-
ing the incident to the Office of Science and 
Technology Policy and the relevant Committees 
of Congress. 
‘‘(B) INCIDENT.—An incident described 
under this paragraph is an incident in which an 
individual, acting outside the channels estab-
lished under subsection (e), overrules the deci-
1106 
sion of the Scientific Integrity Officer with re-
spect to a dispute regarding a violation of the 
scientific integrity policy. 
‘‘(g) OFFICE OF SCIENCE AND TECHNOLOGY POL-
ICY.—The Director of the Office of Science and Tech-
nology Policy shall— 
‘‘(1) collate, organize, and publicly share all in-
formation it receives under subsection (f) in one 
place on its own website; and 
‘‘(2) on an annual basis, convene the Scientific 
Integrity Officer of each covered agency appointed 
under subsection (d) to discuss best practices for im-
plementing the requirements of this section. 
‘‘(h) PERIODIC REVIEW AND APPROVAL.— 
‘‘(1) INTERNAL
REVIEW.—The head of each 
covered agency shall periodically conduct a review of 
the scientific integrity policy and change such policy 
as appropriate. 
‘‘(2) REVIEW BY THE OFFICE OF SCIENCE AND 
TECHNOLOGY POLICY.— 
‘‘(A) 
REVIEW
OF
SUBSTANTIAL
UP-
DATES.—The head of each covered agency shall 
submit to the Office of Science and Technology 
Policy for approval any substantial changes to 
the scientific integrity policy.
1107 
‘‘(B) QUINQUENNIAL REVIEW.—Not later 
than 5 years after the date of the enactment of 
the Clean Economy Jobs and Innovation Act, 
and quinquennially thereafter, the head of each 
covered agency shall submit the scientific integ-
rity policy to the Office of Science and Tech-
nology Policy for review and approval. 
‘‘(i) COMPTROLLER GENERAL REVIEW.—Not later 
than 2 years after the date of the enactment of the Clean 
Economy Jobs and Innovation Act, the Comptroller Gen-
eral shall conduct a review of the implementation of the 
scientific integrity policy by each covered agency. 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) AGENCY.—The term ‘agency’ has the 
meaning given the term in section 551 of title 5, 
United States Code. 
‘‘(2) COVERED
AGENCY.—The term ‘covered 
agency’ means an agency that funds, conducts, or 
oversees scientific research. 
‘‘(3) COVERED
INDIVIDUAL.—The term ‘cov-
ered individual’ means a Federal employee or con-
tractor who— 
‘‘(A) is engaged in, supervises, or manages 
scientific activities;
1108 
‘‘(B) analyzes or publicly communicates in-
formation resulting from scientific activities; or 
‘‘(C) uses scientific information or analyses 
in making bureau, office, or agency policy, man-
agement, or regulatory decisions. 
‘‘(4) RELEVANT COMMITTEES OF CONGRESS.— 
The 
term 
‘relevant 
Committees 
of 
Congress’ 
means— 
‘‘(A) 
the 
Committee 
on 
Commerce, 
Science, and Transportation of the Senate; and 
‘‘(B) the Committee on Science, Space, 
and Technology of the House of Representa-
tives.’’. 
SEC. 12503. EXISTING POLICIES; CLARIFICATION. 
(a) EXISTING SCIENTIFIC INTEGRITY POLICIES.— 
Notwithstanding the amendments made by this subtitle, 
a covered agency’s scientific integrity policy that was in 
effect on the day before the date of enactment of this Act 
may satisfy the requirements under the amendments made 
by this subtitle if the head of the covered agency— 
(1) makes a written determination that the pol-
icy satisfies such requirements; and 
(2) submits the written determination and the 
policy to the Director of the Office of Science and 
Technology Policy for review and approval.
1109 
(b) CLARIFICATION.—Nothing in this subtitle shall 
affect the application of United States copyright law. 
(c) COVERED AGENCY DEFINED.—The term ‘‘cov-
ered agency’’ has the meaning given the term in section 
1009 of the America COMPETES Act (42 U.S.C. 6620). 
Subtitle F—Other Matters 
SEC. 12601. AUTHORIZATION. 
Section 112(a)(1)(B) of the Uranium Mill Tailings 
Radiation Control Act of 1978 (42 U.S.C. 7922(a)(1)(B)) 
is amended by striking ‘‘September 30, 2023’’ and insert-
ing ‘‘September 30, 2031’’. 
SEC. 12602. ADDRESSING INSUFFICIENT COMPENSATION 
OF EMPLOYEES AND OTHER PERSONNEL OF 
THE FEDERAL ENERGY REGULATORY COM-
MISSION. 
(a) IN GENERAL.—Section 401 of the Department of 
Energy Organization Act (42 U.S.C. 7171) is amended 
by adding at the end the following: 
‘‘(k) ADDRESSING INSUFFICIENT COMPENSATION OF 
EMPLOYEES AND OTHER PERSONNEL OF THE COMMIS-
SION.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, if the Chairman publicly certifies 
that compensation for a category of employees or 
other personnel of the Commission is insufficient to
1110 
retain or attract employees and other personnel to 
allow the Commission to carry out the functions of 
the Commission in a timely, efficient, and effective 
manner, the Chairman may fix the compensation for 
the category of employees or other personnel without 
regard to chapter 51 and subchapter III of chapter 
53 of title 5, United States Code, or any other civil 
service law. 
‘‘(2) CERTIFICATION REQUIREMENTS.—A cer-
tification issued under paragraph (1) shall— 
‘‘(A) apply with respect to a category of 
employees or other personnel responsible for 
conducting work of a scientific, technological, 
engineering, or mathematical nature; 
‘‘(B) specify a maximum amount of rea-
sonable compensation for the category of em-
ployees or other personnel; 
‘‘(C) be valid for a 5-year period beginning 
on the date on which the certification is issued; 
‘‘(D) be no broader than necessary to 
achieve the objective of retaining or attracting 
employees and other personnel to allow the 
Commission to carry out the functions of the 
Commission in a timely, efficient, and effective 
manner; and
1111 
‘‘(E) include an explanation for why the 
other approaches available to the Chairman for 
retaining and attracting employees and other 
personnel are inadequate. 
‘‘(3) RENEWAL.— 
‘‘(A) IN
GENERAL.—Not later than 90 
days before the date of expiration of a certifi-
cation issued under paragraph (1), the Chair-
man shall determine whether the certification 
should be renewed for a subsequent 5-year pe-
riod. 
‘‘(B) REQUIREMENT.—If the Chairman de-
termines that a certification should be renewed 
under subparagraph (A), the Chairman may 
renew the certification, subject to the certifi-
cation requirements under paragraph (2) that 
were applicable to the initial certification. 
‘‘(4) NEW HIRES.— 
‘‘(A) IN GENERAL.—An employee or other 
personnel that is a member of a category of em-
ployees or other personnel that would have been 
covered by a certification issued under para-
graph (1), but was hired during a period in 
which the certification has expired and has not 
been renewed under paragraph (3) shall not be
1112 
eligible for compensation at the level that would 
have applied to the employee or other personnel 
if the certification had been in effect on the 
date on which the employee or other personnel 
was hired. 
‘‘(B) COMPENSATION OF NEW HIRES ON 
RENEWAL.—On renewal of a certification under 
paragraph (3), the Chairman may fix the com-
pensation of the employees or other personnel 
described in subparagraph (A) at the level es-
tablished for the category of employees or other 
personnel in the certification. 
‘‘(5) RETENTION
OF
LEVEL
OF
FIXED
COM-
PENSATION.—A category of employees or other per-
sonnel, the compensation of which was fixed by the 
Chairman in accordance with paragraph (1), may, at 
the discretion of the Chairman, have the level of 
fixed compensation for the category of employees or 
other personnel retained, regardless of whether a 
certification described under that paragraph is in ef-
fect with respect to the compensation of the category 
of employees or other personnel. 
‘‘(6) CONSULTATION
REQUIRED.—The Chair-
man shall consult with the Director of the Office of 
Personnel Management in implementing this sub-
1113 
section, including in the determination of the 
amount of compensation with respect to each cat-
egory of employees or other personnel. 
‘‘(7) EXPERTS AND CONSULTANTS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Chairman may— 
‘‘(i) obtain the services of experts and 
consultants in accordance with section 
3109 of title 5, United States Code; 
‘‘(ii) compensate those experts and 
consultants for each day (including travel 
time) at rates not in excess of the rate of 
pay for level IV of the Executive Schedule 
under section 5315 of that title; and 
‘‘(iii) pay to the experts and consult-
ants serving away from the homes or reg-
ular places of business of the experts and 
consultants travel expenses and per diem 
in lieu of subsistence at rates authorized 
by sections 5702 and 5703 of that title for 
persons in Government service employed 
intermittently. 
‘‘(B) 
LIMITATIONS.—The 
Chairman 
shall—
1114 
‘‘(i) to the maximum extent prac-
ticable, limit the use of experts and con-
sultants pursuant to subparagraph (A); 
and 
‘‘(ii) ensure that the employment con-
tract of each expert and consultant em-
ployed pursuant to subparagraph (A) is 
subject to renewal not less frequently than 
annually.’’. 
(b) REPORTS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, and every 2 years 
thereafter for 10 years, the Chairman of the Federal 
Energy Regulatory Commission shall submit to the 
Committee on Energy and Commerce of the House 
of Representatives and the Committee on Energy 
and Natural Resources of the Senate a report on in-
formation relating to hiring, vacancies, and com-
pensation at the Federal Energy Regulatory Com-
mission. 
(2) INCLUSIONS.—Each report under para-
graph (1) shall include— 
(A) an analysis of any trends with respect 
to hiring, vacancies, and compensation at the 
Federal Energy Regulatory Commission; and
1115 
(B) a description of the efforts to retain 
and attract employees or other personnel re-
sponsible for conducting work of a scientific, 
technological, engineering, or mathematical na-
ture at the Federal Energy Regulatory Com-
mission. 
(c) APPLICABILITY.—The amendment made by sub-
section (a) shall apply beginning on the date that is 30 
days after the date of enactment of this Act. 
SEC. 12603. OFFICE OF PUBLIC PARTICIPATION. 
Section 319 of the Federal Power Act (16 U.S.C. 
825q–1) is amended— 
(1) in subsection (a)(1), by inserting ‘‘, to fa-
cilitate communication with the public relating to, 
and participation by the public in, matters under the 
jurisdiction of the Commission, including under this 
Act and the Natural Gas Act’’ before the period at 
the end; 
(2) in subsection (b), by striking paragraph (4) 
and inserting the following: 
‘‘(4) The Office shall promote, through outreach, 
publications, and, as appropriate, direct communication 
with entities regulated by the Commission— 
‘‘(A) improved compliance with rules and orders 
of the Commission; and
1116 
‘‘(B) public participation in matters before the 
Commission. 
‘‘(5) The Director may assign staff to intervene, ap-
pear, and participate in administrative, regulatory, or ju-
dicial proceedings on behalf of individuals or entities inter-
vening or participating, or proposing to intervene or par-
ticipate, in proceedings before the Commission by rep-
resenting the interests of such individuals or entities on 
any matter before the Commission. 
‘‘(6) The Office shall advocate for, and act as a liai-
son with, environmental justice communities on matters 
under the jurisdiction of the Commission.’’; and 
(3) by adding at the end the following: 
‘‘(c) FUNDING.—Funding for the Office shall be de-
rived from fees and charges collected under section 3401 
of the Omnibus Budget Reconciliation Act of 1986. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) COMMUNITY OF COLOR.—The term ‘com-
munity of color’ means any geographically distinct 
area the population of color of which is higher than 
the average population of color of the State in which 
the community is located. 
‘‘(2) ENVIRONMENTAL JUSTICE COMMUNITY.— 
The term ‘environmental justice community’ means 
a community with significant representation of com-
1117 
munities of color, low-income communities, or indig-
enous communities, that experiences, or is at risk of 
experiencing, higher or more adverse human health 
or environmental effects. 
‘‘(3) INDIGENOUS COMMUNITY.—The term ‘in-
digenous community’ means— 
‘‘(A) a federally recognized Indian Tribe; 
‘‘(B) a State-recognized Indian Tribe; 
‘‘(C) an Alaska Native or Native Hawaiian 
community or organization; and 
‘‘(D) any other community of indigenous 
people. 
‘‘(4) LOW-INCOME
COMMUNITY.—The term 
‘low-income community’ means any census block 
group in which 30 percent or more of the population 
are individuals with low income. 
‘‘(5) POPULATION OF COLOR.—The term ‘popu-
lation of color’ means a population of individuals 
who identify as— 
‘‘(A) Black; 
‘‘(B) African American; 
‘‘(C) Asian; 
‘‘(D) Pacific Islander; 
‘‘(E) another non-White race; 
‘‘(F) Hispanic;
1118 
‘‘(G) Latino; or 
‘‘(H) linguistically isolated.’’. 
SEC. 12604. BACKGROUND OZONE RESEARCH. 
(a) STUDY
ON BACKGROUND OZONE RESEARCH 
NEEDS.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Administrator 
of the Environmental Protection Agency shall seek 
to enter an agreement with the National Academies 
of Sciences, Engineering, and Medicine (referred to 
in this section as the ‘‘National Academies’’) under 
which the National Academies shall conduct a study 
on the current and future research needs regarding 
background ozone. The study shall— 
(A) propose a framework of standard 
terms and definitions for types of non-local 
ground level ozone, including types of back-
ground ozone, to standardize research on 
ground-level ozone; 
(B) examine the current understanding of 
background sources of ozone and the contribu-
tion of such sources to ground-level ozone in the 
United States to identify gaps in knowledge 
that need to be addressed with additional re-
search;
1119 
(C) examine challenges in quantifying the 
sources of background ozone and the contribu-
tions of each such source to ground-level ozone 
on a regional scale in the United States and 
identifies specific research needs to address 
these challenges; 
(D) include an outline of a plan for a re-
search and development program, including 
specifications for costs, timeframes, and respon-
sible agencies, to support analysis and dem-
onstration of background ozone trends, includ-
ing by— 
(i) improving collection and observa-
tional infrastructure; 
(ii) improving confidence in model 
outputs; 
(iii) reducing uncertainties in esti-
mates of background ozone; and 
(iv) making background ozone re-
search outputs more useful and accessible 
to decision-makers; and 
(E) identify opportunities for international 
engagement that may facilitate increased re-
search collaborations that improve under-
standing of ozone trends.
1120 
(2) REPORT.—As a condition of any agreement 
under subsection (a), the Administrator shall require 
that the National Academies transmit to Congress a 
report on the results of the study under subsection 
(a) not later than 24 months after the date on which 
such agreement is finalized. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$1,200,000. 
SEC. 12605. SMOKE PLANNING AND RESEARCH. 
(a) RESEARCH ON WILDFIRE SMOKE.— 
(1) CENTERS OF EXCELLENCE.— 
(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this Act, 
the Administrator of the Environmental Protec-
tion Agency (referred to in this subsection as 
the ‘‘Administrator’’) shall establish at institu-
tions of higher education (as defined in section 
101(a) of the Higher Education Act of 1965 
(20 U.S.C. 1001(a))) 4 centers, each of which 
shall be known as a ‘‘Center of Excellence for 
Wildfire Smoke’’, to carry out research, out-
reach, and community engagement, relating 
to—
1121 
(i) the effects on public health, includ-
ing the health of outdoor workers, of 
smoke emissions from wildland fires; and 
(ii) means by which communities can 
better respond to the impacts of emissions 
from wildland fires. 
(B) PRIORITY.—In selecting institutions of 
higher education at which to establish a center 
under subparagraph (A), the Administrator 
shall give priority to institutions that— 
(i) have established expertise or dedi-
cated centers for air quality research; 
(ii) have experience with relevant out-
reach and extension work; 
(iii) have established relationships 
with relevant Federal, State, and local 
agencies, community organizations, and In-
dian Tribes; and 
(iv) are located in an area that is eco-
nomically or environmentally impacted by 
wildfire smoke. 
(C) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
to the Administrator to carry out this para-
1122 
graph $10,000,000 for each of fiscal years 
2021 through 2025. 
(2) RESEARCH.— 
(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this Act, 
the Administrator shall carry out research— 
(i) to study the health effects of 
smoke emissions from wildland fires; 
(ii) to develop and disseminate per-
sonal and community-based interventions 
to reduce exposure to and adverse health 
effects of smoke emissions from wildland 
fires; 
(iii) to increase the quality of smoke 
monitoring and prediction tools and tech-
niques; and 
(iv) to develop implementation and 
communication strategies. 
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
to the Administrator to carry out this para-
graph $20,000,000 for each of fiscal years 
2021 through 2025. 
(b) COMMUNITY SMOKE PLANNING.—
1123 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Adminis-
trator shall establish a competitive grant program to 
assist eligible entities described in paragraph (2) in 
developing and implementing collaborative commu-
nity plans for mitigating the impacts of smoke emis-
sions from wildland fires. 
(2) ELIGIBLE ENTITIES.—An entity that is eli-
gible to submit an application for a grant under 
paragraph (1) is— 
(A) a State; 
(B) a unit of local government (including 
any special district, such as an air quality man-
agement district or a school district); or 
(C) an Indian Tribe. 
(3) APPLICATIONS.—To be eligible to receive a 
grant under paragraph (1), an eligible entity de-
scribed in paragraph (2) shall submit to the Admin-
istrator an application at such time, in such manner, 
and containing such information as the Adminis-
trator may require, which shall include plans to col-
laborate with a public institution of higher education 
or other research institution that— 
(A) has established expertise or dedicated 
centers for air quality research;
1124 
(B) has experience with relevant outreach 
and extension work; 
(C) has established relationships with rel-
evant Federal, State, and local agencies, com-
munity organizations, and Indian Tribes; and 
(D) is located in an area that is economi-
cally or environmentally impacted by wildfire 
smoke. 
(4) TECHNICAL
ASSISTANCE.—The Adminis-
trator may use amounts made available to carry out 
this subsection to provide to eligible entities de-
scribed in paragraph (2) technical assistance in— 
(A) submitting grant applications under 
paragraph (3); or 
(B) carrying out projects using a grant 
under this subsection. 
(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Ad-
ministrator to carry out this subsection $50,000,000 
for each of fiscal years 2021 through 2025. 
SEC. 12606. REPORT ON EFFECTS OF EMISSIONS FROM FOS-
SIL FUEL FACILITIES. 
(a) STUDY.— 
(1) IN GENERAL.—The Administrator shall con-
duct a study to evaluate the effect of emissions from
1125 
fossil fuel facilities on the health of environmental 
justice communities, including such effects on the 
environment or that result in adverse human health 
for such communities. 
(2) INCLUSION.—In evaluating effects under 
paragraph (1), the Administrator of the Environ-
mental Protection Agency shall consider the distance 
between fossil fuel facilities and environmental jus-
tice communities. 
(b) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall submit 
to Congress a report that summarizes the study conducted 
under subsection (a). 
(c) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) ENVIRONMENTAL
JUSTICE
COMMUNITY.— 
The term ‘‘environmental justice community’’ has 
the meaning given such term in section 11001. 
(3) FOSSIL FUEL FACILITY.—The term ‘‘fossil 
fuel facility’’ has the meaning given such term by 
the Administrator for purposes of the National 
Emissions Inventory.
1126 
SEC. 12607. WILDFIRE HAZARD SEVERITY MAPPING FOR 
ELECTRIC 
TRANSMISSION 
AND 
DISTRIBU-
TION INFRASTRUCTURE. 
(a) MAP REQUIRED.—Not later than 2 years after 
the date of the enactment of this section, the Secretary 
of Energy shall— 
(1) use the most recent LANDFIRE data to 
generate a geospatial map for the conterminous 
United States that depicts wildfire risk to electric 
utilities that— 
(A) manage electric transmission infra-
structure or rights-of-ways on public lands; and 
(B) maintain equipment that is at risk of 
igniting or being impacted by wildland fire; and 
(2) disseminate the information generated 
under paragraph (1) in an appropriate format for 
use by electric utilities in order to— 
(A) improve understanding of wildfire risk; 
(B) identify areas and assets at the highest 
risk; 
(C) prioritize infrastructure maintenance 
and vegetation management; 
(D) identify opportunities for energy stor-
age and microgrid projects; and
1127 
(E) develop plans for regular and emer-
gency access to manage and mitigate wildfire 
risk. 
(b) CONSULTATION.—In carrying out subsection (a), 
the Secretary of Energy shall consult with— 
(1) the Secretary of Agriculture, acting through 
the Chief of the Forest Service; 
(2) the Secretary of the Interior; 
(3) the Administrator of the Federal Emer-
gency Management Agency; 
(4) other appropriate Federal agencies; 
(5) States; 
(6) relevant colleges, universities, and institu-
tions of higher education with relevant expertise; 
and 
(7) other entities, as appropriate. 
(c) ELECTRIC UTILITY DEFINED.—In this section, 
the term ‘‘electric utility’’ means— 
(1) a rural electric cooperative; 
(2) a political subdivision of a State, such as a 
municipally owned electric utility, or any agency, au-
thority, corporation, or instrumentality of one or 
more State political subdivisions; and 
(3) an investor-owned utility.
1128 
SEC. 12608. WILDFIRE SMOKE EMISSIONS MODELING AND 
FORECASTING IMPROVEMENT PROGRAM. 
(a) IN GENERAL.—The Administrator of the Na-
tional Oceanic and Atmospheric Administration, in col-
laboration with other Federal agencies and such academic 
entities as the Administrator considers appropriate, shall 
maintain a program to improve wildfire smoke emissions 
modeling and develop smoke forecasts. 
(b) GOAL.—The goal of the program under sub-
section (a) shall be to develop and extend accurate wildfire 
smoke forecasts and impact-based decision support serv-
ices in order to reduce loss of life, injury, and damage 
to the economy with a focus on— 
(1) improving modeling of wildfire smoke emis-
sions, transport, mixing, and chemical trans-
formations through advanced modeling approaches; 
(2) developing and disseminating smoke fore-
casts; and 
(3) incorporating risk communication research 
in developing smoke forecasts and fire weather 
warning products. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Administrator of the 
National Oceanic and Atmospheric Administration to 
carry out this section $20,000,000 for each of fiscal years 
2021 through 2025.
1129 
SEC. 12609. EXPOSURE TO WILDFIRE SMOKE AND AIR POL-
LUTION. 
(a) IMPACTS OF ACUTE EXPOSURE TO WILDIFRE 
SMOKE AND COVID–19.—The Administrator of the Envi-
ronmental Protection Agency, in coordination with the Di-
rector of the Centers for Disease Control and Prevention, 
and other Federal agencies as appropriate, shall coordi-
nate data collection and epidemiological analysis of the im-
pacts of acute air pollution exposure from wildfires in the 
context of the COVID–19 pandemic. 
(b) CHRONIC AIR POLLUTION EXPOSURE.—The Ad-
ministrator of the Environmental Protection Agency, act-
ing through the Assistant Administrator for Research and 
Development, shall coordinate with academic institutions 
and other research organizations to conduct research to 
estimate the impacts of chronic exposure to air pollutants, 
and other pertinent variables, in the context of responding 
to the COVID–19 pandemic. 
SEC. 12610. BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-
1130 
vided that such statement has been submitted prior to the 
vote on passage. 
SEC. 12611. EFFECTIVE DATE. 
This Act, and the amendments made by this Act, 
shall not take effect until the date on which the Secretary 
of Energy submits to Congress a certification that imple-
mentation of this Act, and the amendments made by this 
Act, will not reduce the energy security or energy inde-
pendence of the United States. 
SEC. 12612. EFFECTIVE DATE. 
This Act, and the amendments made by this Act, 
shall not take effect until the date on which the Secretary 
of Energy submits to Congress a certification that imple-
mentation of this Act, and the amendments made by this 
Act, will not increase electric rates or gasoline prices out-
side of normal market factors. 
SEC. 12613. REPORT ON MINING OF CRITICAL MINERALS 
USING FORCED LABOR IN FOREIGN COUN-
TRIES. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of the Interior, in consulta-
tion with the Commissioner of U.S. Customs and Border 
Protection and the Secretary of State, shall submit to the 
Congress a report evaluating the use of child labor, slav-
ery, or human trafficking to mine or otherwise obtain one
1131 
or more of the minerals listed in the Notice of the Depart-
ment of the Interior entitled ‘‘Final List of Critical Min-
erals 2018’’ (83 Fed. Reg. 23295), or in any successor 
notice updating such Final List, for export to the United 
States. 
SEC. 12614. TREE PLANTING GRANT PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE COST.—The term ‘‘eligible cost’’ 
means, with respect to a project— 
(A) the cost of implementing the project, 
including— 
(i) planning and designing the plant-
ing activity; 
(ii) purchasing trees; and 
(iii) preparing the site and conducting 
planting, including the labor and cost asso-
ciated with the use of machinery; 
(B) the cost of maintaining and monitoring 
planted trees for a period of up to 3 years to 
ensure successful establishment of the trees; 
(C) the cost of training activities associ-
ated with the project; and 
(D) any other relevant cost, as determined 
by the Secretary.
1132 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a State agency; 
(B) a local governmental entity; 
(C) an Indian Tribe; 
(D) a nonprofit organization; and 
(E) a retail power provider. 
(3) ENERGY BURDEN.—The term ‘‘energy bur-
den’’ means the percentage of household income 
spent on home energy bills. 
(4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term ‘‘Indian tribe’’ in 
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304). 
(5) LOCAL GOVERNMENTAL ENTITY.—The term 
‘‘local governmental entity’’ means any municipal 
government or county government with jurisdiction 
over local land use decisions. 
(6) NONPROFIT
ORGANIZATION.—The term 
‘‘nonprofit organization’’ means an organization 
that— 
(A) is described in section 170(h)(3) of the 
Internal Revenue Code of 1986; and
1133 
(B) operates in accordance with 1 or more 
of 
the 
purposes 
described 
in 
section 
170(h)(4)(A) of that Code. 
(7) PROGRAM.—The term ‘‘Program’’ means 
the grant program established under subsection 
(b)(1). 
(8) PROJECT.—The term ‘‘project’’ means a 
tree planting project carried out by an eligible entity 
using grant funds awarded under the Program. 
(9) RETAIL POWER PROVIDER.—The term ‘‘re-
tail power provider’’ means any entity authorized 
under applicable State or Federal law to generate, 
distribute, or provide retail electricity, natural gas, 
or fuel oil service. 
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Energy. 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary, in coordina-
tion with the Secretary of Agriculture, acting 
through the Chief of the Forest Service, shall estab-
lish a program under which the Secretary shall 
award grants to eligible entities to conduct tree 
planting projects in accordance with this section. 
(2) TREE
PLANTING.—Subject to the avail-
ability of appropriations, in carrying out the Pro-
1134 
gram, the Secretary shall, to the maximum extent 
practicable, award sufficient grants each year to 
plant not less than 300,000 trees each year. 
(c) APPLICATIONS.— 
(1) IN GENERAL.—An eligible entity that seeks 
to receive a grant under the Program shall submit 
an application to the Secretary at such time, in such 
form, and containing such information as the Sec-
retary may require, including the information de-
scribed in paragraph (2). 
(2) 
CONTENTS.—An 
application 
submitted 
under paragraph (1) shall include— 
(A) a description of how the project will re-
duce residential energy consumption; 
(B) an estimate of the expected reduction 
in residential energy consumption; 
(C) a description of the total eligible costs 
of the project and sources of funding for the 
project; 
(D) a description of the anticipated com-
munity and stakeholder engagement in the 
project; 
(E) a description of the tree species to be 
planted and how that species is suitable for the 
local environmental conditions and climate; and
1135 
(F) any other relevant information re-
quired by the Secretary. 
(d) PRIORITY.—In awarding grants under the Pro-
gram, the Secretary shall give priority to projects that— 
(1) provide the largest potential reduction in 
residential energy consumption for households with a 
high energy burden; 
(2) are located in a neighborhood with lower 
tree canopy cover and higher maximum daytime 
summer temperatures; 
(3) are located in a neighborhood with high 
amounts of senior citizens or children; 
(4) will collaboratively engage neighbors and 
community members that will be closely affected by 
the tree planting; and 
(5) will employ a substantial percentage of the 
workforce locally, with a focus on engaging unem-
ployed and underemployed persons. 
(e) COSTS.— 
(1) FEDERAL
SHARE.—The Secretary shall 
award a grant to an eligible entity under the Pro-
gram in an amount equal to not more than 75 per-
cent of the eligible costs of the project, as deter-
mined by the Secretary.
1136 
(2) MATCHING REQUIREMENT.—As a condition 
of receiving a grant under the Program, an eligible 
entity shall provide, in cash or through in-kind con-
tributions from non-Federal sources, matching funds 
in an amount equal to not less than 25 percent of 
the eligible costs of the project, as determined by the 
Secretary. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out the Pro-
gram $50,000,000 for each of fiscal years 2021 through 
2025. 
SEC. 12615 LABOR STANDARDS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, for fiscal year 2021 and each fiscal year there-
after, any construction or maintenance projects, including 
installation or removal of applicable infrastructure, as-
sisted in whole or in part by funds appropriated under 
sections 1203, 1221, 1802, 1803, 1804, 1805, 2122, 
2401, 2502, 2503, 2504, 2505, 2522, 2523, 2524, 2525, 
2542, 2543, 2544, 2545, 2547, 2552, 2553, 2561, 3102, 
3103, 3104, 3105, 3106, 3107, 3109, 3110, 3111, 3112, 
3201, 4101, 4202, 5101, 5301, 5302, 5321, 5322, 5323, 
5324, 5341, 5342, 6201, 6301, 6502, 6512, 7001, 8101, 
8102, 8206, 8304, 9105, 9302, 9304, 10121, and 12401 
of this Act and including 42 U.S.C. 17011 and 42 U.S.C.
1137 
16061, without regard to the form or type of Federal as-
sistance provided under such section or part, shall comply 
with labor standards under this section. Compliance with 
labor standards under this section shall also apply to enti-
ties that are awarded permits, leases or enter into agree-
ments with the Federal Government under subtitle F of 
Title II of this Act. 
(b) CERTIFICATION OF QUALIFIED ENTITIES.— 
(1) IN GENERAL.—The Secretary of Labor shall 
establish a process for certifying entities that submit 
an application under paragraph (2) as qualified enti-
ties with respect to construction and maintenance 
projects funded in part or whole under sections 
1203, 1221, 1802, 1803, 1804, 1805, 2122, 2401, 
2502, 2503, 2504, 2505, 2522, 2523, 2524, 2525, 
2542, 2543, 2544, 2545, 2547, 2552, 2553, 2561, 
3102, 3103, 3104, 3105, 3106, 3107, 3109, 3110, 
3111, 3112, 3201, 4101, 4202, 5101, 5301, 5302, 
5321, 5322, 5323, 5324, 5341, 5342, 6201, 6301, 
6502, 6512, 7001, 8101, 8102, 8206, 8304, 9105, 
9302, 9304, 10121, and 12401 of this Act and in-
cluding 42 U.S.C. 17011 and 42 U.S.C. 16061. 
(2) APPLICATION PROCESS.—An entity seeking 
certification as a qualified entity under this section 
shall submit an application to the Secretary of
1138 
Labor at such time, in such manner, and containing 
such information as the Secretary may reasonably 
require, including information to demonstrate com-
pliance with the requirements under subsection (c). 
(3) REQUESTS
FOR
ADDITIONAL
INFORMA-
TION.—Not later than 1 year after receiving an ap-
plication from an entity under paragraph (2)— 
(A) the Secretary of Labor may request 
additional information from the entity in order 
to determine whether the entity is in compliance 
with the requirements under subsection (c); and 
(B) the entity shall provide such additional 
information within 30 days of the Secretary of 
Labor’s request under subparagraph (A). 
(4) DETERMINATION
DEADLINE.—The Sec-
retary of Labor shall make a determination on 
whether to certify an entity under this section not 
later than— 
(A) in a case in which the Secretary re-
quests additional information described in para-
graph (3), 1 year after the Secretary receives 
such additional information from the entity; or 
(B) in a case that is not described in para-
graph (3)(A), 1 year after the date on which
1139 
the entity submits the application under para-
graph (2). 
(5) PRECERTIFICATION REMEDIES.—The Sec-
retary shall consider any corrective actions taken by 
an entity seeking certification under this subsection 
to remedy an administrative merits determination, 
arbitral award or decision, or civil judgment identi-
fied under subsection (c)(3) and shall impose as a 
condition of certification any additional remedies 
necessary to avoid further or repeated violations. 
(c) LABOR STANDARDS REQUIREMENTS.—The Sec-
retary of Labor shall require an entity, as a condition of 
certification under this section, to satisfy each of the fol-
lowing requirements: 
(1) The entity shall ensure that all laborers and 
mechanics employed by contractors and subcontrac-
tors in the performance of any construction or main-
tenance project shall be paid wages at rates not less 
than those prevailing on projects of a similar char-
acter in the locality as determined by the Secretary 
of Labor in accordance with subchapter IV of chap-
ter 31 of title 40, United States Code (commonly 
known as the ‘‘Davis-Bacon Act’’). 
(2) In the case of any construction or mainte-
nance 
project, 
the 
cost 
of 
which 
exceeds
1140 
$25,000,000, the entity shall be a party to, or re-
quire contractors and subcontractors in the perform-
ance of such construction or maintenance project to 
consent to, a covered project labor agreement. 
(3) The entity, and all contractors and sub-
contractors in performance of any construction or 
maintenance project, shall represent in the applica-
tion submitted under subsection (b)(2) (and periodi-
cally thereafter during the performance of the con-
struction or maintenance project as the Secretary of 
Labor may require) whether there has been any ad-
ministrative merits determination, arbitral award or 
decision, or civil judgment, as defined in guidance 
issued by the Secretary of Labor, rendered against 
the entity in the preceding 3 years (or, in the case 
of disclosures after the initial disclosure, during such 
period as the Secretary of Labor may provide) for 
violations of— 
(A) the Fair Labor Standards Act of 1938 
(29 U.S.C. 201 et seq.); 
(B) the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 651 et seq.); 
(C) the Migrant and Seasonal Agricultural 
Worker Protection Act (29 U.S.C. 1801 et 
seq.);
1142 
(O) equivalent State laws, as defined in 
guidance issued by the Secretary of Labor. 
(4) The entity, and all contractors and sub-
contractors in the performance of construction or 
maintenance project, shall not require arbitration for 
any dispute involving an employee described in para-
graph (5) engaged in a service for the entity or any 
contractor and subcontractor, or enter into any 
agreement with such employee requiring arbitration 
of any such dispute, unless such employee is covered 
by a collective bargaining agreement that provides 
otherwise. 
(5) For purposes of compliance with the Na-
tional Labor Relations Act (29 U.S.C. 151 et seq.), 
the Fair Labor Standards Act of 1938 (29 U.S.C. 
201 et seq.), and the requirements under this sec-
tion, the entity, and all contractors and subcontrac-
tors in the performance of any construction or main-
tenance project, shall consider an individual per-
forming any service in such performance as an em-
ployee (and not an independent contractor) of the 
entity, contractor, or subcontractor, respectively, un-
less— 
(A) the individual is free from control and 
direction in connection with the performance of
1143 
the service, both under the contract for the per-
formance of the service and in fact; 
(B) the service is performed outside the 
usual course of the business of the entity, con-
tractor, or subcontractor, respectively; and 
(C) the individual is customarily engaged 
in an independently established trade, occupa-
tion, profession, or business of the same nature 
as that involved in such service. 
(6) The entity shall prohibit all contractors and 
subcontractors in the performance of any construc-
tion or maintenance project from hiring employees 
through a temporary staffing agency unless the rel-
evant State workforce agency certifies that tem-
porary employees are necessary to address an acute, 
short-term labor demand. 
(7) The entity shall require all contractors, sub-
contractors, successors in interest of the entity, and 
other entities that may acquire the entity, in the 
performance or acquisition of any construction or 
maintenance project, to have and abide by an ex-
plicit neutrality policy on any issue involving the ex-
ercise by employees of the entity as described in 
paragraph (5), and of all contractors and sub-
contractors in the performance of any construction
1144 
or maintenance project, of the right to organize and 
bargain collectively through representatives of their 
own choosing. 
(8) The entity shall require all contractors and 
subcontractors to participate in a registered appren-
ticeship program for each skilled craft employed on 
any construction or maintenance project. 
(9) The entity, and all contractors and sub-
contractors in the performance of any construction 
or maintenance project, shall not request or other-
wise consider the criminal history of an applicant for 
employment before extending a conditional offer to 
the applicant, unless— 
(A) a background check is otherwise re-
quired by law; 
(B) the position is for a Federal law en-
forcement 
officer 
(as 
defined 
in 
section 
115(c)(1) of title 18, United States Code) posi-
tion; or 
(C) the Secretary of Labor, after consulta-
tion with the Secretary of Energy, certifies that 
precluding criminal history prior to the condi-
tional offer would pose a threat to national se-
curity.
1145 
(d) DAVIS-BACON ACT.—The Secretary of Labor 
shall have, with respect to the labor standards described 
in subsection (d)(1), the authority and functions set forth 
in Reorganization Plan Numbered 14 of 1950 (64 Stat. 
1267; 5 U.S.C. App.) and section 3145 of title 40, United 
States Code. 
(e) PERIOD OF VALIDITY FOR CERTIFICATIONS.—A 
certification made under this section shall be in effect for 
a period of 5 years. An entity may reapply to the Secretary 
of Labor for an additional certification under this section 
in accordance with the application process under sub-
section (b)(2). 
(f) REVOCATION OF QUALIFIED ENTITY STATUS.— 
The Secretary of Labor may revoke the certification of an 
entity under this section as a qualified entity at any time 
in which the Secretary reasonably determines the entity 
is no longer in compliance with the requirements of sub-
section (c). 
(g) CERTIFICATION MAY COVER MORE THAN 1 SUB-
STANTIALLY SIMILAR PROJECT.—The Secretary of Labor 
may make certifications under this section which apply 
with respect to more than 1 project if the projects to which 
such certification apply are substantially similar projects 
which meet the requirements of this section. Such projects
1146 
shall be treated as a specific construction or maintenance 
project for purposes of subsection (h)(2). 
(h) DEFINITIONS.—In this section: 
(1) COVERED PROJECT LABOR AGREEMENT.— 
The term ‘‘covered project labor agreement’’ means 
a project labor agreement that— 
(A) binds all contractors and subcontrac-
tors on the construction project through the in-
clusion of appropriate specifications in all rel-
evant solicitation provisions and contract docu-
ments; 
(B) allows all contractors and subcontrac-
tors to compete for contracts and subcontracts 
without regard to whether they are otherwise a 
party to a collective bargaining agreement; 
(C) contains guarantees against strikes, 
lockouts, and other similar job disruptions; 
(D) sets forth effective, prompt, and mutu-
ally binding procedures for resolving labor dis-
putes arising during the covered project labor 
agreement; and 
(E) provides other mechanisms for labor- 
management cooperation on matters of mutual 
interest and concern, including productivity, 
quality of work, safety, and health.
1147 
(2) PROJECT LABOR AGREEMENT.—The term 
‘‘project labor agreement’’ means a pre-hire collec-
tive bargaining agreement with one or more labor 
organizations that establishes the terms and condi-
tions of employment for a specific construction 
project and is described in section 8(f) of the Na-
tional Labor Relations Act (29 U.S.C. 158(f)). 
(3) QUALIFIED ENTITY.—The term ‘‘qualified 
entity’’ means an applicant for certification under 
subsection (b) that the Secretary of Labor certifies 
as a qualified entity in accordance with subsection 
(b). 
(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this such sums 
as necessary for fiscal year 2020 and each fiscal year 
thereafter. 
SEC. 12616. AFFIRMING PROTECTIONS FOR CHILDREN AND 
WORKERS. 
Nothing in this Act shall be construed to affect the 
safety and wellbeing of children in the carrying out of 
projects, programs, and other applicable items in this Act 
nor to undermine or affect the enforcement of laws relat-
ing to protections against child labor and forced labor, in-
cluding—
1148 
(1) the Fair Labor Standards Act of 1938 (29 
U.S.C. 201 et seq.); 
(2) title 29, subtitle B, chapter V, Subchapter 
A, Part 570, the Child Labor Regulations, Orders, 
and Statements of Interpretation; 
(3) article 3 of the International Labor Organi-
zation Convention concerning the prohibition and 
immediate action for the elimination of the worst 
forms of child labor (December 2, 2000), or in viola-
tion of human rights; 
(4) number 182 of the International Labor Or-
ganization Convention, entitled ‘‘Worst Forms of 
Child Labour Convention’’ (1999); 
(5) number 105 of the International Labor Or-
ganization Convention, entitled ‘‘Abolition of Forced 
Labour Convention’’ (1957); 
(6) applicable trade laws, including trade pref-
erence programs, trade agreements and Section 307 
of the Tariff Act of 1930; and 
(7) Executive Order No. 13126, dated June 12, 
1999, (entitled ‘‘Prohibition of Acquisition of Prod-
ucts Produced by Forced or Indentured Child 
Labor’’).
1149 
SEC. 12617. RURAL AND REMOTE COMMUNITIES ELEC-
TRIFICATION GRANTS. 
(a) IN GENERAL.—Section 609 of the Public Utility 
Regulatory Policies Act (7 U.S.C. 918c) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘or mu-
nicipality’’ and inserting ‘‘, municipality, or In-
dian Tribe’’; 
(B) in paragraph (5), by striking ‘‘10,000’’ 
and inserting ‘‘20,000’’; and 
(C) by adding at the end the following: 
‘‘(6) The term ‘economically distressed commu-
nity’ means a unit of local government, an Indian 
Tribe, or a political subdivision thereof, that is sig-
nificantly impacted by the closure occurring on or 
after January 1, 2010, of an electric generating sta-
tion that primarily consumes coal as a fuel source, 
including by the loss of— 
‘‘(A) employment directly from or associ-
ated with the electric generating station, includ-
ing an associated mine; 
‘‘(B) tax revenue, lease payments, or royal-
ties directly from or associated with the electric 
generating station; or 
‘‘(C) access to affordable energy.’’;
1150 
(2) in subsection (b), by inserting ‘‘or economi-
cally distressed communities’’ after ‘‘rural areas’’ 
each place it appears; and 
(3) in subsection (d)— 
(A) by striking ‘‘$20,000,000’’ and insert-
ing ‘‘$50,000,000’’; and 
(B) by striking ‘‘2006 through 2012’’ and 
inserting ‘‘2021 through 2025’’. 
SEC. 12618. COAL COMMUNITY RESOURCE CLEARING-
HOUSE. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this Act, the Secretary of Energy 
shall publish, maintain, and make publicly available a 
clearinghouse, to be known as the ‘‘Coal Community Re-
source Clearinghouse’’, on the website of the Department 
of Energy for the purpose of increasing awareness of Fed-
eral and State programs, grants, loans, loan guarantees, 
and other assistance resources the Secretary determines 
will assist economic development activities in economically 
distressed communities. 
(b) PERIODIC UPDATES.—In carrying out subsection 
(a), the Secretary shall, not less frequently than once per 
calendar year, update the Coal Community Resource 
Clearinghouse to address changes to the needs of economi-
cally distressed communities.
1151 
(c) ECONOMICALLY DISTRESSED COMMUNITY DE-
FINED.—The term ‘‘economically distressed community’’ 
means a unit of local government, an Indian Tribe, or a 
political subdivision thereof, that is significantly impacted 
by the closure occurring on or after January 1, 2010, of 
an electric generating station that primarily consumes coal 
as a fuel source, including by the loss of— 
(1) employment directly from or associated with 
the electric generating station, including an associ-
ated mine; 
(2) tax revenue, lease payments, or royalties di-
rectly from or associated with the electric generating 
station; or 
(3) access to affordable energy. 
SEC. 12619. REPORT ON FOSSIL FUEL SUBSIDIES. 
The Secretary of the Treasury, in consultation with 
other relevant departments and agencies, shall submit to 
Congress a report that contains— 
(1) an identification of any existing fossil fuel 
production subsidies not eliminated by this Act, or 
the amendments made by this Act; and 
(2) a quantification of the economic costs of 
such subsidies.
1152 
SEC. 12620. PUBLICATION OF INTERCONNECTIONS SEAMS 
STUDY. 
Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of Energy shall submit 
to Congress and make publicly available on the website 
of the Department a report on the results of the Inter-
connections Seam Study conducted by the Department. 
SEC. 12621. DEPARTMENT OF ENERGY RESEARCH MISSION 
ON CLIMATE CHANGE AND EMISSIONS RE-
DUCTION. 
(a) GOALS.—Section 902 of the Energy Policy Act 
of 2005 (42 U.S.C. 16181) is amended— 
(1) in paragraph (4), by striking ‘‘and’’ at the 
end; and 
(2) by striking paragraph (5) and inserting the 
following: 
‘‘(5) decreasing the environmental impact of en-
ergy-related activities, including by deeply reducing 
emissions; and 
‘‘(6) improving energy-sector resilience to cli-
mate change.’’. 
(b) EMISSIONS DEFINED FOR GOALS.—Section 902 
of the Energy Policy Act of 2005 (42 U.S.C. 16181) is 
amended by adding at the end the following:
1153 
‘‘(e) EMISSIONS DEFINED.—In this section, the term 
‘emissions’ means greenhouse gas emissions or other pol-
lutants.’’. 
(c) EMISSIONS REDUCTION.—Section 911 of the En-
ergy Policy Act of 2005 (42 U.S.C. 16191) is amended— 
(1) in the heading by inserting ‘‘AND EMIS-
SIONS
REDUCTIONS’’ after ‘‘ENERGY
EFFI-
CIENCY’’; 
(2) in subsection (a)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘and emissions reduc-
tions’’ after ‘‘energy efficiency’’; and 
(ii) in subparagraph (A), by inserting 
‘‘, and reducing emissions from,’’ after ‘‘ef-
ficiency of’’; and 
(B) in paragraph (2)— 
(i) by amending the matter preceding sub-
paragraph (A)(i) to read as follows: 
‘‘(A) advanced, cost-effective technologies 
to improve the energy efficiency and environ-
mental performance of, and reduce emissions 
from, vehicles, including—’’; 
(ii) by amending subparagraph (B) to read 
as follows:
1154 
‘‘(B) cost-effective technologies for new 
construction and retrofit, to improve the energy 
efficiency and environmental performance of, 
and reduce emissions from buildings, using a 
whole-buildings approach, including onsite clean 
energy generation and beneficial electrifica-
tion;’’; and 
(iii) by amending subparagraph (C) to 
read as follows: 
‘‘(C) advanced technologies to improve the 
energy efficiency, environmental performance, 
and process efficiency of, and reduce emissions 
from industry, especially energy-intensive and 
waste-intensive industries;’’; and 
(3) by adding at the end the following: 
‘‘(f) EMISSIONS DEFINED.—In this section, the term 
‘emissions’ means greenhouse gas emissions or other pol-
lutants.’’. 
SEC. 12622. STUDY ON EQUITABLE DISTRIBUTION OF BENE-
FITS OF CLEAN ENERGY. 
(a) FRONTLINE COMMUNITY.—In this section, the 
term ‘‘frontline community’’ means a community with sig-
nificant representation of communities of color, low-in-
come communities, or Tribal and indigenous communities,
1155 
that experiences, or is at risk of experiencing, higher or 
more adverse human health or environmental effects. 
(b) STUDY.—Not later than 1 year after the date of 
the enactment of this Act, the Secretary of Energy shall 
enter into an agreement with the National Academies of 
Science, Engineering, and Medicine to undertake a study 
on technical and non-technical barriers to and solutions 
for ensuring equitable distribution of the benefits associ-
ated with clean energy in frontline communities across all 
sectors of the economy, and in particular the role of the 
Department of Energy in assessing and mitigating such 
barriers. The study shall— 
(1) assess the state of research on the equitable 
distribution of the benefits of clean energy including 
workforce development and job creation; 
(2) assess the progress in implementing pro-
grams and policies that result in increased adoption 
of clean energy technologies in frontline commu-
nities; 
(3) identify barriers as well as potential incen-
tives and mechanisms to achieving the equitable dis-
tribution of the benefits associated with clean energy 
in frontline communities, including through the con-
sideration of social, behavioral, regulatory, policy, 
market, and technology aspects, and considerations
1156 
of the characteristics of individual communities, 
such as geographical location, average income, and 
racial-ethnic composition; and 
(4) recommend research areas for the Depart-
ment of Energy to make progress towards ensuring 
equitable distribution of the benefits associated with 
clean energy in frontline communities. 
SEC. 12623. STUDY ON CERTAIN CLIMATE CHANGE MITIGA-
TION EFFORTS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall seek to enter into an agreement with the Na-
tional Academies of Sciences, Engineering, and Medicine 
(referred to in this section as the ‘‘National Academies’’) 
to conduct a study on climate change mitigation efforts 
with respect to the civil aviation and aerospace industries. 
(b) STUDY CONTENTS.—In conducting the study 
under subsection (a), the National Academies shall— 
(1) identify climate change mitigation efforts, 
including efforts relating to emerging technologies, 
in the civil aviation and aerospace industries; 
(2) develop and apply an appropriate indicator 
for assessing the effectiveness of such efforts; 
(3) identify gaps in such efforts;
1157 
(4) identify barriers preventing expansion of 
such efforts; and 
(5) develop recommendations with respect to 
such efforts. 
(c) REPORTS.— 
(1) FINDINGS
OF
STUDY.—Not later than 1 
year after the date on which the Secretary enters 
into an agreement for a study pursuant to sub-
section (a), the Secretary shall submit to the appro-
priate congressional committees the findings of the 
study. 
(2) ASSESSMENT.—Not later than 180 days 
after the date on which the Secretary submits the 
findings pursuant to paragraph (1), the Secretary, 
acting through the Administrator of the Federal 
Aviation Administration, shall submit to the appro-
priate congressional committees a report that con-
tains an assessment of the findings. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry 
out this section $1,500,000. 
(e) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Transportation
1158 
and Infrastructure of the House of Representatives, 
the Committee on Commerce, Science, and Trans-
portation of the Senate, and other congressional 
committees determined appropriate by the Secretary. 
(2) CLIMATE CHANGE MITIGATION EFFORTS.— 
The term ‘‘climate change mitigation efforts’’ means 
efforts, including the use of technologies, materials, 
processes, or practices, that contribute to the reduc-
tion of greenhouse gas emissions. 
SEC. 12624. LOW-DOSE-RADIATION RESEARCH. 
Section 306(c) of the Department of Energy Re-
search and Innovation Act (42 U.S.C. 18644(c)) is 
amended to read as follows: 
‘‘(c) LOW-DOSE-RADIATION RESEARCH PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall carry 
out a research program on low-dose and low dose- 
rate radiation to— 
‘‘(A) enhance the scientific understanding 
of, and reduce uncertainties associated with, the 
effects of exposure to low-dose and low dose- 
rate radiation; and 
‘‘(B) inform improved risk-assessment and 
risk-management methods with respect to such 
radiation.
1159 
‘‘(2) PROGRAM COMPONENTS.—In carrying out 
the program required under paragraph (1), the Sec-
retary shall— 
‘‘(A) support and carry out the directives 
under section 106 of the American Innovation 
and Competitiveness Act (42 U.S.C. 6601 
note), with respect to low dose and low-dose 
rate radiation research, in coordination with the 
Physical Science Subcommittee of the National 
Science and Technology Council; 
‘‘(B) identify and, to the extent possible, 
quantify, potential monetary and health-related 
impacts to Federal agencies, the general public, 
industry, research communities, and other users 
of information produced by such research pro-
gram; 
‘‘(C) leverage the collective body of knowl-
edge from prior and existing low-dose and low 
dose-rate radiation research; 
‘‘(D) engage with other Federal agencies, 
research communities, and potential users of in-
formation produced under this section, includ-
ing institutions performing or utilizing radiation 
research, medical physics, radiology, health 
physics, and emergency response measures; and
1160 
‘‘(E) support education and outreach ac-
tivities to disseminate information and promote 
public understanding of low-dose radiation, with 
a focus on non-emergency situations such as 
medical physics, space exploration, and natu-
rally occurring radiation. 
‘‘(3) RESEARCH PLAN.— 
‘‘(A) NATIONAL ACADEMY OF SCIENCES.— 
Not later than 90 days after the date of enact-
ment of this Act, the Secretary shall enter into 
an agreement with the National Academy of 
Sciences to develop a long-term strategic and 
prioritized research agenda for the program de-
scribed in paragraph (2); 
‘‘(B) CONGRESS.—Not later than 18 
months after the date of enactment of this Act, 
the Secretary shall submit the research plan de-
veloped under subparagraph (A) to the Com-
mittee on Science, Space, and Technology of 
the House of Representatives and the Com-
mittee on Energy and Natural Resources of the 
Senate. 
‘‘(4) PROGRAM EVALUATION.— 
‘‘(A) INDEPENDENT EXTERNAL ENTITY.— 
Not later than 3 years after the date of enact-
1161 
ment of this Act, and every 2 years thereafter, 
the Secretary shall enter into agreements with 
an independent external entity to perform a 
program evaluation. 
‘‘(B) CONGRESS.—The Secretary shall 
submit the program evaluations performed 
under subparagraph (A) to the Committee on 
Science, Space, and Technology of the House of 
Representatives and the Committee on Energy 
and Natural Resources of the Senate. 
‘‘(5) DEFINITIONS.—In this subsection: 
‘‘(A) LOW-DOSE
RADIATION.—The term 
‘low-dose radiation’ means a radiation dose of 
less than 100 millisieverts. 
‘‘(B) LOW
DOSE-RATE
RADIATION.—The 
term ‘low dose-rate radiation’ means a radiation 
dose rate of less than 5 millisieverts per hour. 
‘‘(6) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed to subject any re-
search carried out by the Secretary for the program 
under this subsection to any limitations described in 
section 977(e) of the Energy Policy Act of 2005 (42 
U.S.C. 16317(e)).
1162 
‘‘(7) FUNDING.—There are authorized to be ap-
propriated to the Secretary to carry out the program 
under this subsection— 
‘‘(A) $20,000,000 for fiscal year 2021; 
‘‘(B) $30,000,000 for fiscal year 2022; 
‘‘(C) $40,000,000 for fiscal year 2023; and 
‘‘(D) $50,000,000 for fiscal year 2024.’’. 
SEC. 12625. ONLINE PUBLICATION OF GREENHOUSE GAS 
EMISSIONS. 
(a) IN GENERAL.—The Secretary of the Interior shall 
make freely available on a public website, with respect to 
the previous year— 
(1) information that describes for each fossil 
fuel operation that is subject to the mineral leasing 
laws or title III or V of the Federal Land Policy and 
Management Act of 1976 (30 U.S.C. 1761 et seq.), 
regardless of size, including production, storage, 
gathering, processing, transportation, and handling 
operations— 
(A) the aggregate amount of each fossil 
fuel, by type and by State, produced on Federal 
leases; and 
(B) for gas reported, the portion and 
source of such amount that was released or dis-
1163 
posed of by each of venting, flaring, and fugi-
tive release; and 
(2) information that describes the amount and 
sources of energy, in delivered megawatt hours, pro-
duced from operating solar, wind, and geothermal 
projects on public lands under lease for the produc-
tion of renewable energy. 
(b) FORMAT.—Information made available under this 
section shall be presented in a format that— 
(1) translates such amounts and portions into 
emissions of metric tons of greenhouse gases ex-
pressed in carbon dioxide equivalent using both the 
20-year and 100-year Global Warming Potential- 
weighted emission values; 
(2) for energy produced from solar, wind, and 
geothermal projects, includes an estimate of the net 
emissions that would result from production of the 
same amount of energy from new fossil fuel-fired fa-
cilities; and 
(3) can be downloaded in a machine readable 
format. 
(c) DATA PUBLICATION FREQUENCY.—The data 
made available under this section shall be updated at least 
annually.
1164 
SEC. 12626. SENSE OF CONGRESS. 
It is the sense of Congress that in order to reduce 
emissions and meet 100 percent of the power demand in 
the United States through clean, renewable, or zero emis-
sion energy sources while maintaining United States lead-
ership in science and technology, the Secretary of Energy 
must prioritize funding for critical fundamental research 
infrastructure and for basic research and development ac-
tivities carried out through the Office of Science. 
SEC. 12627. USE OF BIRD-SAFE FEATURES, PRACTICES, AND 
STRATEGIES IN PUBLIC BUILDINGS. 
(a) IN GENERAL.—Chapter 33 of title 40, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 3319. Use of bird-safe features, practices, and strat-
egies in public buildings 
‘‘(a) CONSTRUCTION, ALTERATION, AND ACQUISI-
TION OF PUBLIC BUILDINGS.—The Administrator of Gen-
eral Services shall incorporate, to the extent practicable, 
features, practices, and strategies to reduce bird fatality 
resulting from collisions with public buildings for each 
public building— 
‘‘(1) constructed; 
‘‘(2) acquired; or
1166 
‘‘(c) IDENTIFYING BEST PRACTICES.—To carry out 
subsection (b)(3), the Administrator may identify best 
practices for reducing bird fatality resulting from colli-
sions with public buildings, including best practices rec-
ommended by— 
‘‘(1) Federal agencies with expertise in bird 
conservation; 
‘‘(2) nongovernmental organizations with exper-
tise in bird conservation; and 
‘‘(3) representatives of green building certifi-
cation systems. 
‘‘(d) DISSEMINATION OF DESIGN GUIDE.—The Ad-
ministrator shall disseminate the design guide developed 
pursuant to subsection (b) to all Federal agencies, sub-
agencies, and departments with independent leasing au-
thority from the Administrator. 
‘‘(e) UPDATE
TO DESIGN GUIDE.—The Adminis-
trator shall, on a regular basis, update the design guide 
developed pursuant to subsection (b) with respect to the 
priorities of the Administrator for reducing bird fatality 
resulting from collisions with public buildings. 
‘‘(f) EXEMPT BUILDINGS.—This section shall not 
apply to— 
‘‘(1) any building or site listed, or eligible for 
listing, on the National Register of Historic Places;
1167 
‘‘(2) the White House and the grounds of the 
White House; 
‘‘(3) the Supreme Court building and the 
grounds of the Supreme Court; or 
‘‘(4) the United States Capitol and any building 
on the grounds of the Capitol. 
‘‘(g) CERTIFICATION.—Not later than October 1 of 
each fiscal year, the Administrator, acting through the 
Commissioner, shall certify to Congress that the Adminis-
trator uses the design guide developed pursuant to sub-
section (b) for each public building described in subsection 
(a). 
‘‘(h) REPORT.—Not later than October 1 of each fis-
cal year, the Administrator shall submit to Congress a re-
port that includes— 
‘‘(1) the certification under subsection (g); and 
‘‘(2) to the extent practicable, the number of 
each such bird fatality that occurred as a result of 
a collision with the public buildings occupied by the 
respective head of each Federal agency.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 33 of title 40, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘3319. Use of bird-safe features, practices, and strategies in public buildings.’’.
1168 
SEC. 12628. GAS WASTE REDUCTION AND ENHANCEMENT 
OF GAS MEASURING AND REPORTING. 
(a) IN GENERAL.—Title I of the Federal Oil and Gas 
Royalty Management Act of 1982 (30 U.S.C. 1711 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 118. GAS WASTE REDUCTION AND ENHANCEMENT OF 
GAS MEASURING AND REPORTING. 
‘‘(a) REGULATIONS FOR PREVENTING AND REDUC-
ING WASTE OF GAS VIA VENTING, FLARING, AND FUGI-
TIVE RELEASES.— 
‘‘(1) REQUIREMENT TO ISSUE REGULATIONS.— 
Not later than 2 years after the date of enactment 
of this section, the Secretary shall issue regulations 
pursuant to the Secretary’s authority under the Min-
eral Leasing Act, the Federal Land Policy and Man-
agement Act of 1976, the Indian Mineral Leasing 
Act of 1938, and other statutes authorizing the Sec-
retary to regulate oil and gas activities on Federal 
land and Indian lands, that establish requirements 
for reducing and preventing the waste of gas, includ-
ing by venting, flaring, and fugitive releases, from 
covered operations. 
‘‘(2) CONTENT OF REGULATIONS.—The regula-
tions shall, with respect to covered operations— 
‘‘(A) require that, beginning not later than 
3 years after the date of enactment of this sec-
1169 
tion, each operator captures at least 85 percent 
of all gas produced in each year from each on-
shore well that is subject to a mineral leasing 
law; 
‘‘(B) require that, beginning not later than 
5 years after the date of enactment of this sec-
tion, each operator captures at least 99 percent 
of all gas produced in each year from each on-
shore well that is subject to a mineral leasing 
law; 
‘‘(C) require flaring of gas, rather than 
venting, in all instances in which gas is not cap-
tured; 
‘‘(D) require that every application for a 
permit to drill a production well— 
‘‘(i) demonstrate sufficient infrastruc-
ture and capacity is in place to capture the 
expected quantity of produced gas from the 
well; and 
‘‘(ii) be published with an opportunity 
for a public comment period of at least 30 
days; 
‘‘(E) beginning not later than 2 years after 
the date of enactment of this section, prohibit
1170 
all new and refractured production wells from 
flaring; 
‘‘(F) require the operator of any covered 
operation that routinely flares gas before the ef-
fective date of a regulation prohibiting flaring 
issued pursuant to subparagraph (E) to submit 
a gas capture plan to the Secretary not later 
than 180 days before such effective date that 
ensures that such operator will meet the re-
quirements described in subparagraphs (A) and 
(B); 
‘‘(G) set performance standards for newly 
installed equipment based on modern equipment 
that minimize gas loss from— 
‘‘(i) storage tanks; 
‘‘(ii) dehydrators; 
‘‘(iii) compressors; 
‘‘(iv) open-ended valves or lines; 
‘‘(v) pumps; and 
‘‘(vi) such other equipment as the 
Secretary determines appropriate to reduce 
and prevent gas release; 
‘‘(H) require that operators replace exist-
ing equipment within one year of the publica-
1171 
tion date of performance standards established 
under subsection (G); 
‘‘(I) require the replacement of all high- 
bleed gas-actuated pneumatic devices with low- 
bleed or no-bleed devices not later than 180 
days after the date of issuance of the regulation 
enacted under subparagraph (A); 
‘‘(J) set performance standards based on 
modern procedures and equipment that mini-
mize gas loss from— 
‘‘(i) downhole maintenance; 
‘‘(ii) liquids unloading; 
‘‘(iii) well completion; and 
‘‘(iv) such other procedures as the 
Secretary determines appropriate to reduce 
and prevent gas release; 
‘‘(K) require all operators to have leak de-
tection programs with regularly scheduled in-
spections that assess the entire covered oper-
ation using an infrared camera or other equip-
ment with methods that provide overall at least 
equivalent sensitivity and effectiveness in de-
tecting leaks on a timely basis; 
‘‘(L) require any leaks found to be re-
paired promptly, and in any case not later than
1172 
4 weeks after the discovery of the leak, except 
where exceptional circumstances warrant an ex-
tension of not more than 8 additional weeks; 
and 
‘‘(M) require recordkeeping for— 
‘‘(i) equipment maintenance; 
‘‘(ii) leak detection and repair; 
‘‘(iii) venting events; 
‘‘(iv) flaring events; and 
‘‘(v) such other operations as the Sec-
retary determines appropriate to reduce 
and prevent gas release. 
‘‘(b) GAS MEASURING, REPORTING, AND TRANS-
PARENCY REQUIREMENTS.— 
‘‘(1) IN
GENERAL.—The Secretary shall, not 
later than one year after the date of enactment of 
this section, issue regulations requiring each oper-
ator to measure and report, with respect to all gas 
subject to the mineral leasing laws, all such gas pro-
duced, consumed on site, or lost through venting, 
flaring, or fugitive releases. 
‘‘(2) MEASURING
AND
REPORTING
REQUIRE-
MENTS.—To account for all gas referred to in para-
graph (1), the Secretary shall issue regulations re-
quiring each operator to—
1173 
‘‘(A) measure all production and disposi-
tion of gas with such accuracy that fugitive gas 
releases can be calculated; 
‘‘(B) install metering devices to measure 
all flared gas; and 
‘‘(C) report to the Secretary the volumes of 
gas measured under the requirements described 
in subparagraph (A), including— 
‘‘(i) all new measured values for pro-
duction and disposition, including vented 
and flared volumes; and 
‘‘(ii) values for fugitive releases based 
on guidelines for their calculation estab-
lished by the Secretary in such regulations. 
‘‘(3) TRANSPARENCY.—The Secretary shall 
make all new data produced under the requirements 
established by the Secretary under this subsection, 
including calculated fugitive releases and volumes of 
gas lost to venting and flaring, publicly available 
through the internet— 
‘‘(A) without a fee or other access charge; 
‘‘(B) in a searchable, sortable, and 
downloadable manner, to the extent technically 
possible; and
1174 
‘‘(C) as soon as technically practicable 
after the report by the operator is filed. 
‘‘(c) APPLICATION.—Except as otherwise specified in 
this section, the requirements established by the Secretary 
under this section shall apply to— 
‘‘(1) the construction and operation of any cov-
ered operation initiated, including the refracturing of 
existing wells, on or after the date of the issuance 
of regulations under this section; and 
‘‘(2) after the end of the 1-year period begin-
ning on the date of the issuance of such regulations, 
any covered operation initiated before the date of the 
issuance of such regulations. 
‘‘(d) ENFORCEMENT MECHANISMS.— 
‘‘(1) IN GENERAL.—The Secretary shall include 
in the regulations issued under this section con-
sistent enforcement mechanisms for covered oper-
ations that are not in compliance with the require-
ments established by the regulations. 
‘‘(2) REQUIREMENTS.—The Secretary shall in-
clude in the enforcement mechanisms described in 
paragraph (1)— 
‘‘(A) civil penalties for unauthorized vent-
ing and flaring, which shall—
1175 
‘‘(i) apply in lieu of the penalties and 
related provisions under section 109; and 
‘‘(ii) include production restrictions 
and civil monetary penalties equivalent to 
3 times the market value of the vented or 
flared gas; and 
‘‘(B) civil penalties that apply to non-
compliance with other new or existing proce-
dures, which shall— 
‘‘(i) apply in addition to or in lieu of 
the penalties and related provisions under 
section 109; 
‘‘(ii) include production restrictions or 
monetary penalties, or both; and 
‘‘(iii) in the case of monetary pen-
alties, be proportional to market condi-
tions. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) CAPTURE.—The term ‘capture’ means the 
physical containment of natural gas for transpor-
tation to market or productive use of natural gas, 
and includes reinjection and royalty-free on-site 
uses. 
‘‘(2) COVERED OPERATIONS.—The term ‘cov-
ered operations’ means all oil and gas operations
1176 
that are subject to mineral leasing law or title V of 
the Federal Land Policy and Management Act of 
1976 (30 U.S.C. 1761 et seq.), regardless of size, in-
cluding production, storage, gathering, processing, 
and handling operations. 
‘‘(3) FLARE AND FLARING.—The terms ‘flare’ 
and ‘flaring’ mean the intentional and controlled 
burning of gas that occurs in the course of oil and 
gas operations to limit release of gas to the atmos-
phere. 
‘‘(4) FUGITIVE RELEASE.—The term ‘fugitive 
release’ means the unintentional and uncontrolled 
release of gas into the atmosphere in the course of 
oil and gas operations. 
‘‘(5) GAS CAPTURE PLAN.—The term ‘gas cap-
ture plan’ means a plan that includes specific goals, 
including equipment and timelines, for capturing, 
gathering, and processing gas produced under an oil 
or gas lease. 
‘‘(6) GAS RELEASE.—The term ‘gas release’ in-
cludes all gas that is discharged to the atmosphere 
via venting or fugitive release. 
‘‘(7) VENT AND VENTING.—The terms ‘vent’ 
and ‘venting’ mean the intentional and controlled re-
1177 
lease of gas into the atmosphere in the course of oil 
and gas operations.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1 of such Act is amended by inserting after the 
item relating to section 117 the following: 
‘‘Sec. 118. Gas waste reduction and enhancement of gas measuring and report-
ing.’’. 
(c) UPDATES.—The Secretary of the Interior shall 
update the regulations required by the amendments made 
by this section when the Secretary determines appropriate, 
but no less frequently than once every ten years, to reflect 
new information regarding gas waste, the impacts of that 
waste, and the availability of technologies and perform-
ance measures to reduce gas waste. 
(d) APPLICATION OF PRIOR RULE.—The final rule 
entitled ‘‘Waste Prevention, Production Subject to Royal-
ties, and Resource Conservation’’, as published in the Fed-
eral Register November 18, 2016 (81 Fed. Reg. 83008), 
is hereby reinstated, and each of its provisions shall apply 
unless and until the effective date of a subsequent final 
rule promulgated under the amendment made by sub-
section (a), or promulgated under another applicable au-
thority, that replaces or repeals such provision. 
(e) ASSESSMENT OF VENTING, FLARING, AND FUGI-
TIVE RELEASES.—Not later than 180 days after the end 
of the 1-year period beginning on the date the Secretary
1178 
of the Interior first receives data submitted under the re-
quirements established under subsection (b) of section 118 
of the Federal Oil and Gas Royalty Management Act of 
1982, as amended by this section, the Secretary shall— 
(1) submit a report to Congress describing— 
(A) the volume of fugitive releases, and gas 
consumed or lost by venting and flaring, from 
covered operations (as those terms are used in 
such section); and 
(B) additional regulations the Secretary 
considers would help further curtail venting, 
flaring, and fugitive releases, or the rational 
basis for not issuing such additional regulations 
if the Secretary considers additional regulations 
would not be appropriate to further curtail 
venting, flaring, and fugitive releases; and 
(2) issue regulations described in the report re-
quired by paragraph (1)(B) not later than 1 year 
after the date of the submission of the report. 
Subtitle G—Open Back Better 
SEC. 12701. FACILITIES ENERGY RESILIENCY. 
(a) DEFINITIONS.—In this section: 
(1) COVERED
PROJECT.—The term ‘‘covered 
project’’ means a building project at an eligible facil-
ity that—
1179 
(A) increases— 
(i) resiliency, including— 
(I) public health and safety; 
(II) power outages; 
(III) natural disasters; 
(IV) indoor air quality; and 
(V) 
any 
modifications 
neces-
sitated by the COVID–19 pandemic; 
(ii) energy efficiency; 
(iii) renewable energy; and 
(iv) grid integration; and 
(B) may have combined heat and power 
and energy storage as project components. 
(2) 
EARLY
CHILDHOOD
EDUCATION
PRO-
GRAM.—The term ‘‘early childhood education pro-
gram’’ has the meaning given the term in section 
103 of the Higher Education Act of 1965 (20 
U.S.C. 1003). 
(3) ELEMENTARY SCHOOL.—The term ‘‘elemen-
tary school’’ has the meaning given the term in sec-
tion 8101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801). 
(4) ELIGIBLE FACILITY.—The term ‘‘eligible fa-
cility’’ means a public facility, as determined by the 
Secretary, including—
1180 
(A) a public school, including an elemen-
tary school and a secondary school; 
(B) a facility used to operate an early 
childhood education program; 
(C) a local educational agency; 
(D) a medical facility; 
(E) a local or State government building; 
(F) a community facility; 
(G) a public safety facility; 
(H) a day care center; 
(I) an institution of higher education; 
(J) a public library; and 
(K) a wastewater treatment facility. 
(5) ENVIRONMENTAL
JUSTICE
COMMUNITY.— 
The term ‘‘environmental justice community’’ means 
a community with significant representation of com-
munities of color, low income communities, or Tribal 
and indigenous communities, that experiences, or is 
at risk of experiencing, higher or more adverse 
human health or environmental effects. 
(6) 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).
1181 
(7) LOCAL EDUCATIONAL AGENCY.—The term 
‘‘local educational agency’’ has the meaning given 
the term in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801). 
(8) LOW
INCOME.—The term ‘‘low income’’, 
with respect to a household, means an annual house-
hold income equal to, or less than, the greater of— 
(A) 80 percent of the median income of the 
area in which the household is located, as re-
ported by the Department of Housing and 
Urban Development; and 
(B) 200 percent of the Federal poverty 
line. 
(9) LOW INCOME COMMUNITY.—The term ‘‘low 
income community’’ means a census block group in 
which not less than 30 percent of households are low 
income. 
(10) SECONDARY
SCHOOL.—The term ‘‘sec-
ondary school’’ has the meaning given the term in 
section 8101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801). 
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Energy.
1182 
(12) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 3 of the Energy Policy 
and Conservation Act (42 U.S.C. 6202). 
(13) STATE
ENERGY
PROGRAM.—The term 
‘‘State Energy Program’’ means the State Energy 
Program established under part D of title III of the 
Energy Policy and Conservation Act (42 U.S.C. 
6321 et seq.). 
(14) TRIBAL ORGANIZATION.— 
(A) IN GENERAL.—The term ‘‘tribal orga-
nization’’ has the meaning given the term in 
section 3765 of title 38, United States Code. 
(B) 
TECHNICAL
AMENDMENT.—Section 
3765(4) of title 38, United States Code, is 
amended by striking ‘‘section 4(l) of the Indian 
Self-Determination and Education Assistance 
Act (25 U.S.C. 450b(l))’’ and inserting ‘‘section 
4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304)’’. 
(b) STATE PROGRAMS.— 
(1) ESTABLISHMENT.—Not later than 60 days 
after the date of enactment of this Act, the Sec-
retary shall distribute grants to States under the 
State Energy Program, in accordance with the allo-
1183 
cation formula established under that Program, to 
implement covered projects. 
(2) USE OF FUNDS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), grant funds under paragraph (1) 
may be used for technical assistance, project fa-
cilitation, and administration. 
(B) TECHNICAL
ASSISTANCE.—A State 
may use not more than 10 percent of grant 
funds received under paragraph (1) to provide 
technical assistance for the development, facili-
tation, management, oversight, and measure-
ment of results of covered projects implemented 
using those funds. 
(C) ENVIRONMENTAL JUSTICE AND OTHER 
COMMUNITIES.—To support communities ad-
versely impacted by the COVID–19 pandemic, a 
State shall use not less than 40 percent of 
grant funds received under paragraph (1) to 
implement covered projects in environmental 
justice communities or low income communities. 
(D) PRIVATE FINANCING.—A State receiv-
ing a grant under paragraph (1) shall— 
(i) to the extent practicable, leverage 
private financing for cost-effective energy
1184 
efficiency, renewable energy, resiliency, and 
other smart-building improvements, such 
as by entering into an energy service per-
formance contract; but 
(ii) maintain the use of grant funds to 
carry out covered projects with more 
project resiliency, public health, and cap-
ital-intensive efficiency and emission reduc-
tion components than are typically avail-
able through private energy service per-
formance contracts. 
(E) GUIDANCE.—In carrying out a covered 
project using grant funds received under para-
graph (1), a State shall, to the extent prac-
ticable, adhere to guidance developed by the 
Secretary pursuant to the American Recovery 
and Reinvestment Act of 2009 (Public Law 
111–5; 123 Stat. 115) relating to distribution 
of funds, if that guidance will speed the dis-
tribution of funds under this subsection. 
(3) NO
MATCHING
REQUIREMENT.—Notwith-
standing any other provision of law, a State receiv-
ing a grant under paragraph (1) shall not be re-
quired to provide any amount of matching funding.
1185 
(4) REPORT.—Not later than 1 year after the 
date on which grants are distributed under para-
graph (1), and each year thereafter until the funds 
appropriated under paragraph (5) are no longer 
available, the Secretary shall submit a report on the 
use of those funds (including in the communities de-
scribed in paragraph (2)(C)) to— 
(A) the Subcommittee on Energy and 
Water Development of the Committee on Ap-
propriations of the Senate; 
(B) the Subcommittee on Energy and 
Water Development and Related Agencies of 
the Committee on Appropriations of the House 
of Representatives; 
(C) the Committee on Energy and Natural 
Resources of the Senate; 
(D) the Committee on Energy and Com-
merce of the House of Representatives; and 
(E) the Committee on Education and 
Labor of the House of Representatives. 
(5) FUNDING.—In addition to any amounts 
made available to the Secretary to carry out the 
State Energy Program, there is authorized to be ap-
propriated to the Secretary $18,000,000,000 to
1186 
carry out this subsection, to remain available until 
September 30, 2025. 
(6) SUPPLEMENT, 
NOT
SUPPLANT.—Funds 
made available under paragraph (5) shall supple-
ment, not supplant, any other funds made available 
to States for the State Energy Program or the 
weatherization assistance program established under 
part A of title IV of the Energy Conservation and 
Production Act (42 U.S.C. 6861 et seq.). 
(c) FEDERAL ENERGY MANAGEMENT PROGRAM.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Secretary 
shall use the funds appropriated under paragraph 
(4) to provide grants under the AFFECT program 
under the Federal Energy Management Program of 
the Department of Energy to implement covered 
projects. 
(2) PRIVATE
FINANCING.—A recipient of a 
grant under paragraph (1) shall— 
(A) to the extent practicable, leverage pri-
vate financing for cost-effective energy effi-
ciency, renewable energy, resiliency, and other 
smart-building improvements, such as by enter-
ing into an energy service performance contract; 
but
1187 
(B) maintain the use of grant funds to 
carry out covered projects with more project re-
siliency, public health, and capital-intensive effi-
ciency and emission reduction components than 
are typically available through private energy 
service performance contracts. 
(3) REPORT.—Not later than 1 year after the 
date on which grants are distributed under para-
graph (1), and each year thereafter until the funds 
appropriated under paragraph (4) are no longer 
available, the Secretary shall submit a report on the 
use of those funds to— 
(A) the Subcommittee on Energy and 
Water Development of the Committee on Ap-
propriations of the Senate; 
(B) the Subcommittee on Energy and 
Water Development and Related Agencies of 
the Committee on Appropriations of the House 
of Representatives; 
(C) the Committee on Energy and Natural 
Resources of the Senate; 
(D) the Committee on Energy and Com-
merce of the House of Representatives; and 
(E) the Committee on Education and 
Labor of the House of Representatives.
1188 
(4) FUNDING.—In addition to any amounts 
made available to the Secretary to carry out the AF-
FECT program described in paragraph (1), there is 
authorized to be appropriated to the Secretary 
$500,000,000 to carry out this subsection, to remain 
available until September 30, 2025. 
(d) TRIBAL ORGANIZATIONS.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Secretary, act-
ing through the head of the Office of Indian Energy, 
shall distribute funds made available under para-
graph (3) to tribal organizations to implement cov-
ered projects. 
(2) REPORT.—Not later than 1 year after the 
date on which funds are distributed under para-
graph (1), and each year thereafter until the funds 
made available under paragraph (3) are no longer 
available, the Secretary shall submit a report on the 
use of those funds to— 
(A) the Subcommittee on Energy and 
Water Development of the Committee on Ap-
propriations of the Senate; 
(B) the Subcommittee on Energy and 
Water Development and Related Agencies of
1189 
the Committee on Appropriations of the House 
of Representatives; 
(C) the Committee on Energy and Natural 
Resources of the Senate; 
(D) the Committee on Energy and Com-
merce of the House of Representatives; and 
(E) the Committee on Education and 
Labor of the House of Representatives. 
(3) FUNDING.—There is authorized to be ap-
propriated to the Secretary $1,500,000,000 to carry 
out this subsection, to remain available until Sep-
tember 30, 2025. 
(e) USE OF AMERICAN IRON, STEEL, AND MANUFAC-
TURED GOODS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), none of the funds made available by or 
pursuant to this section may be used for a covered 
project unless all of the iron, steel, and manufac-
tured goods used in the project are produced in the 
United States. 
(2) 
EXCEPTIONS.—The 
requirement 
under 
paragraph (1) shall be waived by the head of the rel-
evant Federal department or agency in any case or 
category of cases in which the head of the relevant 
Federal department or agency determines that—
1190 
(A) adhering to that requirement would be 
inconsistent with the public interest; 
(B) the iron, steel, and manufactured 
goods needed for the project are not produced 
in the United States— 
(i) in sufficient and reasonably avail-
able quantities; and 
(ii) in a satisfactory quality; or 
(C) the inclusion of iron, steel, and rel-
evant manufactured goods produced in the 
United States would increase the overall cost of 
the project by more than 25 percent. 
(3) WAIVER PUBLICATION.—If the head of a 
Federal department or agency makes a determina-
tion under paragraph (2) to waive the requirement 
under paragraph (1), the head of the Federal de-
partment or agency shall publish in the Federal 
Register a detailed justification for the waiver. 
(4) INTERNATIONAL AGREEMENTS.—This sub-
section shall be applied in a manner consistent with 
the obligations of the United States under all appli-
cable international agreements. 
(f) WAGE RATE REQUIREMENTS.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, all laborers and mechanics em-
1191 
ployed by contractors and subcontractors on projects 
funded directly or assisted in whole or in part by the 
Federal Government pursuant to this section shall 
be paid wages at rates not less than those prevailing 
on projects of a similar character in the locality, as 
determined by the Secretary of Labor in accordance 
with subchapter IV of chapter 31 of title 40, United 
States Code (commonly known as the ‘‘Davis-Bacon 
Act’’). 
(2) AUTHORITY.—With respect to the labor 
standards specified in paragraph (1), the Secretary 
of Labor shall have the authority and functions set 
forth in Reorganization Plan Numbered 14 of 1950 
(64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 
title 40, United States Code. 
SEC. 12702. PERSONNEL. 
(a) IN GENERAL.—To carry out section 12701, the 
Secretary of Energy shall hire within the Department of 
Energy— 
(1) not less than 300 full-time employees in the 
Office of Energy Efficiency and Renewable Energy; 
(2) not less than 100 full-time employees, to be 
distributed among— 
(A) the Office of General Counsel; 
(B) the Office of Procurement Policy;
1192 
(C) the Golden Field Office; 
(D) the National Energy Technology Lab-
oratory; and 
(E) the Office of the Inspector General; 
and 
(3) not less than 20 full-time employees in the 
Office of Indian Energy. 
(b) TIMELINE.—Not later than 60 days after the 
date of enactment of this Act, the Secretary shall— 
(1) hire all personnel under subsection (a); or 
(2) certify that the Secretary is unable to hire 
all personnel by the date required under this sub-
section. 
(c) CONTRACT HIRES.— 
(1) IN GENERAL.—If the Secretary makes a 
certification under subsection (b)(2), the Secretary 
may hire on a contract basis not more than 50 per-
cent of the personnel required to be hired under sub-
section (a). 
(2) DURATION.—An individual hired on a con-
tract basis under paragraph (1) shall have an em-
ployment term of not more than 1 year. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry
1193 
out this section $84,000,000 for each of fiscal years 2021 
through 2031. 
(e) REPORT.—Not later than 60 days after the date 
of enactment of this Act, and annually thereafter for 2 
years, the Secretary shall submit a report on progress 
made in carrying out subsection (a) to— 
(1) the Subcommittee on Energy and Water 
Development of the Committee on Appropriations of 
the Senate; 
(2) the Subcommittee on Energy and Water 
Development and Related Agencies of the Committee 
on Appropriations of the House of Representatives; 
(3) the Committee on Energy and Natural Re-
sources of the Senate; 
(4) the Committee on Energy and Commerce of 
the House of Representatives; and 
(5) the Committee on Education and Labor of 
the House of Representatives. 
Subtitle H—Zeroing Excess, Reduc-
ing Organic Waste, and Sus-
taining Technical Expertise 
SEC. 12801. GRANT PROGRAM. 
(a) IN GENERAL.—The Administrator shall establish 
and carry out a program to award grants, on a competitive
1194 
basis, to eligible entities for projects that are consistent 
with zero-waste practices. 
(b) GRANT USE.— 
(1) ORGANICS RECYCLING INFRASTRUCTURE.— 
An eligible entity receiving a grant under this sub-
title may use grant funds to carry out a project re-
lating to organics recycling infrastructure, including 
facilities, machinery, equipment, and other physical 
necessities required for organics collection or proc-
essing on a city-wide or county-wide scale, provided 
that— 
(A) implementation of such project— 
(i) results in increased capacity for 
residential and commercial source sepa-
rated organics streams; and 
(ii) generates a usable product that 
has demonstrable environmental benefits 
when compared to the input materials, 
such as compost with added nutritional 
content; and 
(B) such project does not include mixed- 
waste composting. 
(2) ELECTRONIC
WASTE
REUSE
AND
RECY-
CLING.—An eligible entity receiving a grant under 
this subtitle may use grant funds to carry out a
1195 
project relating to electronic waste reuse or recy-
cling, including infrastructure and technology, re-
search and development, and product refurbishment, 
provided that such project— 
(A) does not include an electronic waste 
‘‘buy-back’’ program that provides compensa-
tion for used electronics where such compensa-
tion is applied as a credit toward the purchase 
of additional electronics; and 
(B) is carried out by an organization cer-
tified in sustainable electronic waste standards 
by an organization accredited by the National 
Accreditation Board of the American National 
Standards Institute & The American Society of 
Quality, or another accrediting body as deter-
mined appropriate by the Administrator. 
(3) SOURCE REDUCTION.—An eligible entity re-
ceiving a grant under this subtitle may use grant 
funds to carry out a project relating to source reduc-
tion, and such project may include— 
(A) educational programming and outreach 
activities to encourage behavioral changes in 
consumers that result in source reduction; and
1196 
(B) product or manufacturing redesign or 
redevelopment to reduce byproducts, packaging, 
and other outputs if— 
(i) the applicable manufacturer— 
(I) is domestically-owned and op-
erated; and 
(II) pays a living wage; and 
(ii) the redevelopment or redesign 
does not result in higher toxicity of the 
product or byproducts, more complicated 
recyclability of the product or byproducts, 
or increased volume of byproducts com-
pared with the original practice. 
(4) MARKET DEVELOPMENT.—An eligible entity 
receiving a grant under this subtitle may use grant 
funds to carry out a project relating to market de-
velopment with respect to source reduction and 
waste prevention, including by creating demand for 
sorted recyclable commodities and refurbished goods 
and promoting domestically-owned and operated 
manufacturing for projects relating to source reduc-
tion or waste prevention, provided that such 
project—