3458 
‘‘(2) STRATEGIC PLAN.— 
‘‘(A) PURPOSE.—The purpose of the stra-
tegic plan developed under paragraph (1)(C) is 
to set forth a plan for achieving the goals of the 
program established in section 454(b)(1), includ-
ing for the focus areas described in section 
454(c). 
‘‘(B) CONTENTS.—The strategic plan devel-
oped under paragraph (1)(C) shall— 
‘‘(i) specify near-term and long-term 
qualitative and quantitative objectives relat-
ing to each focus area described in section 
454(c), including research, development, 
demonstration, and commercial application 
objectives; 
‘‘(ii) leverage existing roadmaps rel-
evant to the program in section 454(b)(1) 
and the focus areas in section 454(c); 
‘‘(iii) specify the anticipated time-
frame for achieving the objectives specified 
under clause (i); 
‘‘(iv) include plans for developing 
emissions reduction technologies that are 
globally cost-competitive, including, as ap-
plicable, in developing economies; 
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‘‘(v) identify the appropriate role for 
investment by the Federal Government, in 
coordination with the private sector, to 
achieve the objectives specified under clause 
(i); 
‘‘(vi) identify the public and private 
costs of achieving the objectives specified 
under clause (i); and 
‘‘(vii) estimate the economic and em-
ployment impact in the United States of 
achieving those objectives. 
‘‘(e) MEETINGS.— 
‘‘(1) FREQUENCY.—The Committee shall meet 
not less frequently than 2 times per year, at the call 
of the Chair. 
‘‘(2) INITIAL MEETING.—Not later than 30 days 
after the date on which the members are appointed 
under subsection (b), the Committee shall hold its first 
meeting. 
‘‘(f) COMMITTEE REPORT.— 
‘‘(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of the Energy Act of 2020, and 
not less frequently than once every 3 years thereafter, 
the Committee shall submit to the Secretary a report 
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on the progress of achieving the purposes of the pro-
gram. 
‘‘(2) CONTENTS.—The report under paragraph 
(1) shall include— 
‘‘(A) a description of any technology inno-
vation opportunities identified by the Committee; 
‘‘(B) a description of any technology gaps 
identified by the Committee under subsection 
(d)(1)(B)(ii); 
‘‘(C) recommendations for improving tech-
nology screening criteria and management of the 
program; 
‘‘(D) an evaluation of the progress of the 
program and the research, development, and 
demonstration activities funded under the pro-
gram; 
‘‘(E) any recommended changes to the focus 
areas of the program described in section 454(c); 
‘‘(F) a description of the manner in which 
the Committee has carried out the duties de-
scribed in subsection (d)(1) and any relevant 
findings as a result of carrying out those duties; 
‘‘(G) if necessary, an update to the strategic 
plan developed by the Committee under sub-
section (d)(1)(C); 
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‘‘(H) the progress made in achieving the 
goals set out in that strategic plan; 
‘‘(I) a review of the management, coordina-
tion, and industry utility of the program; 
‘‘(J) an assessment of the extent to which 
progress has been made under the program in 
developing commercial, cost-competitive tech-
nologies in each focus area described in section 
454(c); and 
‘‘(K) an assessment of the effectiveness of the 
program in coordinating efforts within the De-
partment and with other Federal agencies to 
achieve the purposes of the program. 
‘‘(g) REPORT TO CONGRESS.—Not later than 60 days 
after receiving a report from the Committee under sub-
section (f), the Secretary shall submit a copy of that report 
to the Committees on Appropriations and Science, Space, 
and Technology of the House of Representatives, the Com-
mittees on Appropriations and Energy and Natural Re-
sources of the Senate, and any other relevant Committee 
of Congress. 
‘‘(h) APPLICABILITY
OF FEDERAL ADVISORY COM-
MITTEE ACT.—Except as otherwise provided in this section, 
the Federal Advisory Committee Act (5 U.S.C. App.) shall 
apply to the Committee.’’. 
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(b) TECHNICAL AMENDMENT.—The table of contents of 
the Energy Independence and Security Act of 2007 (Public 
Law 110–140; 121 Stat. 1494) (as amended by section 
6003(b)) is amended by inserting after the item relating 
to section 454 the following: 
‘‘Sec. 455. Industrial Technology Innovation Advisory Committee.’’. 
SEC. 6005. TECHNICAL ASSISTANCE PROGRAM TO IMPLE-
MENT INDUSTRIAL EMISSIONS REDUCTION. 
(a) IN GENERAL.—Subtitle D of title IV of the Energy 
Independence and Security Act of 2007, as amended by sec-
tion 6004, is amended by adding at the end the following: 
‘‘SEC. 456. TECHNICAL ASSISTANCE PROGRAM TO IMPLE-
MENT INDUSTRIAL EMISSIONS REDUCTION. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti-
ty’ means— 
‘‘(A) a State; 
‘‘(B) a unit of local government; 
‘‘(C) a territory or possession of the United 
States; 
‘‘(D) a relevant State or local office, includ-
ing an energy office; 
‘‘(E) a tribal organization (as defined in 
section 3765 of title 38, United States Code); 
‘‘(F) an institution of higher education; and 
‘‘(G) a private entity; and 
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‘‘(H) a trade association or technical soci-
ety. 
‘‘(2) EMISSIONS REDUCTION.—The term ‘emis-
sions reduction’ has the meaning given the term in 
section 454(a). 
‘‘(3) PROGRAM.—The term ‘program’ means the 
program established under subsection (b). 
‘‘(b) ESTABLISHMENT.—Not later than 1 year after the 
date of enactment of the Energy Act of 2020, the Secretary 
shall establish a program to provide technical assistance to 
eligible entities to promote the commercial application of 
emission reduction technologies developed through the pro-
gram established in section 454(b). 
‘‘(c) APPLICATIONS.— 
‘‘(1) IN GENERAL.—An eligible entity desiring 
technical assistance under the program shall submit 
to the Secretary an application at such time, in such 
manner, and containing such information as the Sec-
retary may require. 
‘‘(2) APPLICATION
PROCESS.—The Secretary 
shall seek applications for technical assistance under 
the program on a periodic basis, but not less fre-
quently than once every 12 months. 
‘‘(3) FACTORS FOR CONSIDERATION.—In select-
ing eligible entities for technical assistance under the 
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program, the Secretary shall, to the maximum extent 
practicable— 
‘‘(A) give priority to— 
‘‘(i) activities carried out with tech-
nical assistance under the program that 
have the greatest potential for achieving 
emissions reduction in nonpower industrial 
sectors; 
‘‘(ii) activities carried out in a State 
in which there are active or inactive indus-
trial facilities that may be used or retro-
fitted to carry out activities under the focus 
areas described in section 454(c); and 
‘‘(iii) activities carried out in an eco-
nomically distressed area (as described in 
section 301(a) of the Public Works and Eco-
nomic Development Act of 1965 (42 U.S.C. 
3161(a))); and 
‘‘(B) ensure that— 
‘‘(i) there is geographic diversity 
among the eligible entities selected; and 
‘‘(ii) the activities carried out with 
technical assistance under the program re-
flect a majority of the focus areas described 
in section 454(c).’’. 
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(b) TECHNICAL AMENDMENT.—The table of contents of 
the Energy Independence and Security Act of 2007 (Public 
Law 110–140; 121 Stat. 1494) (as amended by section 
6004(b)) is amended by inserting after the item relating 
to section 455 the following: 
‘‘Sec. 456. Technical assistance program to implement industrial emissions reduc-
tion.’’. 
SEC. 6006. DEVELOPMENT OF NATIONAL SMART MANUFAC-
TURING PLAN. 
(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of this Act, the Secretary of Energy (in 
this section referred to as the ‘‘Secretary’’), in consultation 
with the National Academies, shall develop and complete 
a national plan for smart manufacturing technology devel-
opment and deployment to improve the productivity and 
energy efficiency of the manufacturing sector of the United 
States. 
(b) CONTENT.— 
(1) IN
GENERAL.—The plan developed under 
subsection (a) shall identify areas in which agency 
actions by the Secretary and other heads of relevant 
Federal agencies would— 
(A) facilitate quicker development, deploy-
ment, and adoption of smart manufacturing 
technologies and processes; 
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(B) result in greater energy efficiency and 
lower environmental impacts for all American 
manufacturers; and 
(C) enhance competitiveness and strengthen 
the manufacturing sectors of the United States. 
(2) 
INCLUSIONS.—Agency 
actions 
identified 
under paragraph (1) shall include— 
(A) an assessment of previous and current 
actions of the Department relating to smart 
manufacturing; 
(B) the establishment of voluntary inter-
connection protocols and performance standards; 
(C) the use of smart manufacturing to im-
prove energy efficiency and reduce emissions in 
supply chains across multiple companies; 
(D) actions to increase cybersecurity in 
smart manufacturing infrastructure; 
(E) deployment of existing research results; 
(F) the leveraging of existing high-perform-
ance computing infrastructure; and 
(G) consideration of the impact of smart 
manufacturing on existing manufacturing jobs 
and future manufacturing jobs. 
(c) BIENNIAL REVISIONS.—Not later than 2 years 
after the date on which the Secretary completes the plan 
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under subsection (a), and not less frequently than once 
every 2 years thereafter, the Secretary shall revise the plan 
to account for advancements in information and commu-
nication technology and manufacturing needs. 
(d) REPORT.—Annually until the completion of the 
plan under subsection (a), the Secretary shall submit to 
Congress a report on the progress made in developing the 
plan. 
(e) DEFINITION.—In this section, the term ‘‘smart 
manufacturing’’ means advanced technologies in informa-
tion, automation, monitoring, computation, sensing, mod-
eling, artificial intelligence, analytics, and networking 
that— 
(1) digitally— 
(A) simulate manufacturing production 
lines; 
(B) operate computer-controlled manufac-
turing equipment; 
(C) monitor and communicate production 
line status; and 
(D) manage and optimize energy produc-
tivity and cost throughout production; 
(2) model, simulate, and optimize the energy effi-
ciency of a factory building; 
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(3) monitor and optimize building energy per-
formance; 
(4) model, simulate, and optimize the design of 
energy efficient and sustainable products, including 
the use of digital prototyping and additive manufac-
turing to enhance product design; 
(5) connect manufactured products in networks 
to monitor and optimize the performance of the net-
works, including automated network operations; and 
(6) digitally connect the supply chain network. 
TITLE VII—CRITICAL MINERALS 
SEC. 7001. RARE EARTH ELEMENTS. 
(a) RESEARCH PROGRAM.— 
(1) IN GENERAL.—The Secretary of Energy, act-
ing through the Assistant Secretary for Fossil Energy 
(referred to in this section as the ‘‘Secretary’’), shall 
conduct a program of research and development— 
(A) to develop and assess advanced separa-
tion technologies for the extraction and recovery 
of rare earth elements and other critical mate-
rials from coal and coal byproducts; and 
(B) to determine if there are, and mitigate, 
any potential environmental or public health im-
pacts that could arise from the recovery of rare 
earth elements from coal-based resources. 
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(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary to carry out the program described in para-
graph (1)— 
(A) $23,000,000 for each of fiscal years 
2021 and 2022; 
(B) $24,200,000 for fiscal year 2023; 
(C) $25,400,000 for fiscal year 2024; 
(D) $26,600,000 for fiscal year 2025; and 
(E) $27,800,000 for fiscal year 2026. 
(b) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Secretary shall submit to the 
Committee on Energy and Natural Resources of the Senate 
and the Committees on Science, Space, and Technology and 
Energy and Commerce of the House of Representatives a 
report evaluating the development of advanced separation 
technologies for the extraction and recovery of rare earth 
elements and other critical materials from coal and coal 
byproducts, including acid mine drainage from coal mines. 
(c) CRITICAL MATERIAL.—In this section, the term 
‘‘critical material’’ has the meaning given the term in sec-
tion 7002 of this Act. 
SEC. 7002. MINERAL SECURITY. 
(a) DEFINITIONS.—In this section: 
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(1) BYPRODUCT.—The term ‘‘byproduct’’ means 
a critical mineral— 
(A) the recovery of which depends on the 
production of a host mineral that is not des-
ignated as a critical mineral; and 
(B) that exists in sufficient quantities to be 
recovered during processing or refining. 
(2) CRITICAL
MATERIAL.—The term ‘‘critical 
material’’ means— 
(A) any non-fuel mineral, element, sub-
stance, or material that the Secretary of Energy 
determines— 
(i) has a high risk of a supply chain 
disruption; and 
(ii) serves an essential function in 1 or 
more energy technologies, including tech-
nologies that produce, transmit, store, and 
conserve energy; or 
(B) a critical mineral. 
(3) CRITICAL MINERAL.— 
(A) IN GENERAL.—The term ‘‘critical min-
eral’’ means any mineral, element, substance, or 
material designated as critical by the Secretary 
under subsection (c). 
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(B) EXCLUSIONS.—The term ‘‘critical min-
eral’’ does not include— 
(i) fuel minerals; 
(ii) water, ice, or snow; 
(iii) common varieties of sand, gravel, 
stone, pumice, cinders, and clay. 
(4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term in section 4 of the In-
dian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(6) STATE.—The term ‘‘State’’ means— 
(A) a State; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
(D) Guam; 
(E) American Samoa; 
(F) the Commonwealth of the Northern 
Mariana Islands; and 
(G) the United States Virgin Islands. 
(7) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ means— 
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(A) an institution of higher education (as 
defined in section 101(a) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001(a))); or 
(B) a postsecondary vocational institution 
(as defined in section 102(c) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1002(c))). 
(b) POLICY.— 
(1) IN GENERAL.—Section 3 of the National Ma-
terials and Minerals Policy, Research and Develop-
ment Act of 1980 (30 U.S.C. 1602) is amended— 
(A) by striking paragraph (3) and inserting 
the following: 
‘‘(3) establish an analytical and forecasting ca-
pability for identifying critical mineral demand, sup-
ply, and other factors to allow informed actions to be 
taken to avoid supply shortages, mitigate price vola-
tility, and prepare for demand growth and other 
market shifts;’’; 
(B) in paragraph (6), by striking ‘‘and’’ 
after the semicolon at the end; and 
(C) by striking paragraph (7) and inserting 
the following: 
‘‘(7) facilitate the availability, development, and 
environmentally responsible production of domestic 
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resources to meet national material or critical min-
eral needs; 
‘‘(8) avoid duplication of effort, prevent unneces-
sary paperwork, and minimize delays in the adminis-
tration of applicable laws (including regulations) and 
the issuance of permits and authorizations necessary 
to explore for, develop, and produce critical minerals 
and to construct critical mineral manufacturing fa-
cilities in accordance with applicable environmental 
and land management laws; 
‘‘(9) strengthen— 
‘‘(A) educational and research capabilities 
at not lower than the secondary school level; and 
‘‘(B) workforce training for exploration and 
development of critical minerals and critical 
mineral manufacturing; 
‘‘(10) bolster international cooperation through 
technology transfer, information sharing, and other 
means; 
‘‘(11) promote the efficient production, use, and 
recycling of critical minerals; 
‘‘(12) develop alternatives to critical minerals; 
and 
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‘‘(13) establish contingencies for the production 
of, or access to, critical minerals for which viable 
sources do not exist within the United States.’’. 
(2) CONFORMING AMENDMENT.—Section 2(b) of 
the National Materials and Minerals Policy, Research 
and Development Act of 1980 (30 U.S.C. 1601(b)) is 
amended by striking ‘‘(b) As used in this Act, the 
term’’ and inserting the following: 
‘‘(b) DEFINITIONS.—In this Act: 
‘‘(1) CRITICAL
MINERAL.—The term ‘critical 
mineral’ means any mineral, element, substance, or 
material designated as critical by the Secretary under 
section 7002(c) of the Energy Act of 2020. 
‘‘(2) MATERIALS.—The term’’. 
(c) CRITICAL MINERAL DESIGNATIONS.— 
(1) DRAFT METHODOLOGY AND LIST.—The Sec-
retary, acting through the Director of the United 
States Geological Survey (referred to in this sub-
section as the ‘‘Secretary’’), shall publish in the Fed-
eral Register for public comment— 
(A) a description of the draft methodology 
used to identify a draft list of critical minerals; 
(B) a draft list of minerals, elements, sub-
stances, and materials that qualify as critical 
minerals; and 
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(C) a draft list of critical minerals recov-
ered as byproducts and their host minerals. 
(2) AVAILABILITY OF DATA.—If available data is 
insufficient to provide a quantitative basis for the 
methodology developed under this subsection, quali-
tative evidence may be used to the extent necessary. 
(3) FINAL METHODOLOGY AND LIST.—After re-
viewing public comments on the draft methodology 
and the draft lists published under paragraph (1) and 
updating the methodology and lists as appropriate, 
not later than 45 days after the date on which the 
public comment period with respect to the draft meth-
odology and draft lists closes, the Secretary shall pub-
lish in the Federal Register— 
(A) a description of the final methodology 
for determining which minerals, elements, sub-
stances, and materials qualify as critical min-
erals; 
(B) the final list of critical minerals; and 
(C) the final list of critical minerals recov-
ered as byproducts and their host minerals. 
(4) DESIGNATIONS.— 
(A) IN GENERAL.—For purposes of carrying 
out this subsection, the Secretary shall maintain 
a list of minerals, elements, substances, and ma-
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terials designated as critical, pursuant to the 
final methodology published under paragraph 
(3), that the Secretary determines— 
(i) are essential to the economic or na-
tional security of the United States; 
(ii) the supply chain of which is vul-
nerable to disruption (including restrictions 
associated with foreign political risk, abrupt 
demand growth, military conflict, violent 
unrest, anti-competitive or protectionist be-
haviors, and other risks throughout the sup-
ply chain); and 
(iii) serve an essential function in the 
manufacturing of a product (including en-
ergy technology-, defense-, currency-, agri-
culture-, consumer electronics-, and health 
care-related applications), the absence of 
which would have significant consequences 
for the economic or national security of the 
United States. 
(B) INCLUSIONS.—Notwithstanding the cri-
teria under paragraph (3), the Secretary may 
designate and include on the list any mineral, 
element, substance, or material determined by 
another Federal agency to be strategic and crit-
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ical to the defense or national security of the 
United States. 
(C) REQUIRED
CONSULTATION.—The Sec-
retary shall consult with the Secretaries of De-
fense, Commerce, Agriculture, and Energy and 
the United States Trade Representative in desig-
nating minerals, elements, substances, and mate-
rials as critical under this paragraph. 
(5) SUBSEQUENT REVIEW.— 
(A) IN GENERAL.—The Secretary, in con-
sultation with the Secretaries of Defense, Com-
merce, Agriculture, and Energy and the United 
States Trade Representative, shall review the 
methodology and list under paragraph (3) and 
the designations under paragraph (4) at least 
every 3 years, or more frequently as the Sec-
retary considers to be appropriate. 
(B) 
REVISIONS.—Subject 
to 
paragraph 
(4)(A), the Secretary may— 
(i) revise the methodology described in 
this subsection; 
(ii) determine that minerals, elements, 
substances, and materials previously deter-
mined to be critical minerals are no longer 
critical minerals; and 
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(iii) designate additional minerals, ele-
ments, substances, or materials as critical 
minerals. 
(6) NOTICE.—On finalization of the methodology 
and the list under paragraph (3), or any revision to 
the methodology or list under paragraph (5), the Sec-
retary shall submit to Congress written notice of the 
action. 
(d) RESOURCE ASSESSMENT.— 
(1) IN GENERAL.—Not later than 4 years after 
the date of enactment of this Act, in consultation with 
applicable State (including geological surveys), local, 
academic, industry, and other entities, the Secretary 
(acting through the Director of the United States Geo-
logical Survey) or a designee of the Secretary, shall 
complete a comprehensive national assessment of each 
critical mineral that— 
(A) identifies and quantifies known critical 
mineral resources, using all available public and 
private information and datasets, including ex-
ploration histories; and 
(B) provides a quantitative and qualitative 
assessment of undiscovered critical mineral re-
sources throughout the United States, including 
probability estimates of tonnage and grade, 
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using all available public and private informa-
tion and datasets, including exploration his-
tories. 
(2) SUPPLEMENTARY
INFORMATION.—In car-
rying out this subsection, the Secretary may carry 
out surveys and field work (including drilling, remote 
sensing, geophysical surveys, topographical and geo-
logical mapping, and geochemical sampling and 
analysis) to supplement existing information and 
datasets available for determining the existence of 
critical minerals in the United States. 
(3) PUBLIC ACCESS.—Subject to applicable law, 
to the maximum extent practicable, the Secretary 
shall make all data and metadata collected from the 
comprehensive national assessment carried out under 
paragraph (1) publically and electronically accessible. 
(4) TECHNICAL ASSISTANCE.—At the request of 
the Governor of a State or the head of an Indian 
Tribe, the Secretary may provide technical assistance 
to State governments and Indian Tribes conducting 
critical mineral resource assessments on non-Federal 
land. 
(5) PRIORITIZATION.— 
(A) IN GENERAL.—The Secretary may se-
quence the completion of resource assessments for 
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each critical mineral such that critical minerals 
considered to be most critical under the method-
ology established under subsection (c) are com-
pleted first. 
(B) REPORTING.—During the period begin-
ning not later than 1 year after the date of en-
actment of this Act and ending on the date of 
completion of all of the assessments required 
under this subsection, the Secretary shall submit 
to Congress on an annual basis an interim re-
port that— 
(i) identifies the sequence and schedule 
for completion of the assessments if the Sec-
retary sequences the assessments; or 
(ii) describes the progress of the assess-
ments if the Secretary does not sequence the 
assessments. 
(6) UPDATES.—The Secretary may periodically 
update the assessments conducted under this sub-
section based on— 
(A) the generation of new information or 
datasets by the Federal Government; or 
(B) the receipt of new information or 
datasets from critical mineral producers, State 
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3481 
geological surveys, academic institutions, trade 
associations, or other persons. 
(7) ADDITIONAL SURVEYS.—The Secretary shall 
complete a resource assessment for each additional 
mineral or element subsequently designated as a crit-
ical mineral under subsection (c)(5)(B) not later than 
2 years after the designation of the mineral or ele-
ment. 
(8) REPORT.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall sub-
mit to Congress a report describing the status of geo-
logical surveying of Federal land for any mineral 
commodity— 
(A) for which the United States was de-
pendent on a foreign country for more than 25 
percent of the United States supply, as depicted 
in the report issued by the United States Geo-
logical Survey entitled ‘‘Mineral Commodity 
Summaries 2021’’; but 
(B) that is not designated as a critical min-
eral under subsection (c). 
(e) REPORT OF SMALL BUSINESS ADMINISTRATION.— 
Not later than 1 year and 300 days after the date of enact-
ment of this Act, the Administrator of the Small Business 
Administration shall submit to the applicable committees 
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of Congress a report that assesses the performance of Federal 
agencies with respect to— 
(1) complying with chapter 6 of title 5, United 
States Code (commonly known as the ‘‘Regulatory 
Flexibility Act’’), in promulgating regulations appli-
cable to the critical minerals industry; and 
(2) performing an analysis of the efficiency of 
regulations applicable to the critical minerals indus-
try, including those that are disproportionately bur-
densome to small businesses. 
(f) FEDERAL REGISTER PROCESS.— 
(1) DEPARTMENTAL
REVIEW.—Absent any ex-
traordinary circumstance, and except as otherwise re-
quired by law, the Secretary and the Secretary of Ag-
riculture shall ensure that each Federal Register no-
tice described in paragraph (2) shall be— 
(A) subject to any required reviews within 
the Department of the Interior or the Depart-
ment of Agriculture; and 
(B) published in final form in the Federal 
Register not later than 45 days after the date of 
initial preparation of the notice. 
(2) PREPARATION.—The preparation of Federal 
Register notices required by law associated with the 
issuance of a critical mineral exploration or mine 
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permit shall be delegated to the organizational level 
within the agency responsible for issuing the critical 
mineral exploration or mine permit. 
(3) TRANSMISSION.—All Federal Register notices 
regarding official document availability, announce-
ments of meetings, or notices of intent to undertake 
an action shall be originated in, and transmitted to 
the Federal Register from, the office in which, as ap-
plicable— 
(A) the documents or meetings are held; or 
(B) the activity is initiated. 
(4) APPLICATION OF CERTAIN PROVISIONS.— 
(A) IN GENERAL.—Subsection (f) shall also 
apply to— 
(i) an exploration project in which the 
presence of a byproduct is reasonably ex-
pected, 
based 
on 
known 
mineral 
companionality, geologic formation, min-
eralogy, or other factors; and 
(ii) a project that demonstrates that a 
byproduct is of sufficient grade that, when 
combined with the production of a host 
mineral, the byproduct is economic to re-
cover, as determined by the applicable Sec-
retary in accordance with subparagraph 
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(B), and that the byproduct will be recov-
ered in commercial quantities. 
(B) REQUIREMENT.—In making the deter-
mination under subparagraph (A)(ii), the appli-
cable Secretary shall consider the cost effective-
ness of the byproducts recovery. 
(g) RECYCLING, INNOVATION, EFFICIENCY, AND AL-
TERNATIVES.— 
(1) ESTABLISHMENT.—The Secretary of Energy 
(referred to in this subsection as the ‘‘Secretary’’) 
shall conduct a program (referred to in this sub-
section as the ‘‘program’’) of research, development, 
demonstration, and commercialization— 
(A) to develop alternatives to critical mate-
rials that do not occur in significant abundance 
in the United States; 
(B) to promote the efficient production, use, 
and recycling of critical materials, with special 
consideration for domestic critical materials, 
throughout the supply chain; 
(C) to ensure the long-term, secure, and sus-
tainable supply of critical materials; and 
(D) to prioritize work in areas that the pri-
vate sector by itself is not likely to undertake due 
to financial or technical limitations. 
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(2) COOPERATION.—In carrying out the pro-
gram, the Secretary shall cooperate with appro-
priate— 
(A) Federal agencies, including the Depart-
ment of the Interior; 
(B) the National Laboratories; 
(C) critical material producers, processors, 
and manufacturers; 
(D) trade associations; 
(E) academic institutions (including stu-
dents and postdoctoral staff at institutions of 
higher education); 
(F) small businesses; 
(G) nongovernmental organizations; and 
(H) other relevant entities or individuals. 
(3) ENERGY INNOVATION HUB.—In carrying out 
the program, the Secretary may use an Energy Inno-
vation Hub authorized under section 206 of the De-
partment of Energy Research Coordination Act (42 
U.S.C. 18632). 
(4) ACTIVITIES.—Under the program, the Sec-
retary shall carry out activities that include the iden-
tification and development of— 
(A) alternative materials, particularly ma-
terials available in abundance within the United 
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States and not subject to potential supply re-
strictions, that lessen the need for critical mate-
rials; 
(B) alternative energy technologies or alter-
native designs of existing energy technologies, 
particularly technologies or designs that use ma-
terials that— 
(i) occur in abundance in the United 
States; and 
(ii) are not subject to potential supply 
restrictions; 
(C) technologies or process improvements 
that minimize the use and content, or lead to 
more efficient use, of critical materials across the 
full supply chain; 
(D) innovative technologies and practices to 
diversify commercially viable and sustainable 
domestic sources of critical materials, including 
technologies for recovery from waste streams; 
(E) technologies, process improvements, or 
design optimizations that facilitate the recycling 
of critical materials, and options for improving 
the rates of collection of products and scrap con-
taining critical materials from post-consumer, 
industrial, or other waste streams; 
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(F) advanced critical material extraction, 
production, separation, alloying, or processing 
technologies that decrease the energy consump-
tion, environmental impact, and costs of those 
activities, including— 
(i) efficient water and wastewater 
management strategies; 
(ii) 
technologies 
and 
management 
strategies to control the environmental im-
pacts of radionuclides in ore tailings; 
(iii) technologies for separation and 
processing; and 
(iv) technologies for increasing the re-
covery rates of coproducts and byproducts 
from host metal ores; 
(G) commercial markets, advanced storage 
methods, energy applications, and other bene-
ficial uses of critical materials; and 
(H) advanced theoretical, computational, 
and experimental tools necessary to support the 
crosscutting research and development needs of 
diverse critical minerals stakeholders. 
(5) PLAN.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this Act, the Sec-
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retary shall submit to Congress a plan to carry 
out the program. 
(B) INCLUSIONS.—The plan under subpara-
graph (A) shall include a description of— 
(i) the research and development ac-
tivities to be carried out under the program 
during the subsequent 2 years; 
(ii) the expected contributions under 
the program to the creation of innovative 
methods and technologies for the efficient 
and sustainable provision of critical mate-
rials to the domestic economy; 
(iii) the expected activities under the 
program to mitigate the environmental and 
health impacts of the extraction, processing, 
manufacturing, use, recovery, and recycling 
of critical materials; and 
(iv) how the program will promote the 
broadest possible participation by academic, 
industrial, and other contributors and the 
public. 
(6) COORDINATION
AND
NONDUPLICATION.—To 
the maximum extent practicable, the Secretary shall 
ensure that the activities carried out under this sub-
section are coordinated with, and do not duplicate the 
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efforts of, other programs within the Federal Govern-
ment, including the work underway by the Critical 
Materials Institute and the National Minerals Infor-
mation Center. 
(7) STANDARD OF REVIEW.—Not later than 2 
years after the date of enactment of this Act, the Sec-
retary shall conduct a review of activities carried out 
under the program to determine the achievement of 
the technical milestones identified under paragraph 
(8)(D)(i)(I). 
(8) CRITICAL MATERIALS CONSORTIUM.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this Act, the Sec-
retary shall establish and operate a Critical Ma-
terials Consortium (referred to in this paragraph 
as the ‘‘Consortium’’) for the purpose of sup-
porting the program by providing, to the max-
imum extent practicable, a centralized entity for 
multidisciplinary, collaborative, critical mate-
rials research and development. 
(B) LEADERSHIP.—If an Energy Innova-
tion Hub authorized under section 206 of the De-
partment of Energy Research Coordination Act 
(42 U.S.C. 18632) that is focused on critical ma-
terials exists on the date of enactment of this Act, 
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the Secretary shall leverage the personnel and ex-
pertise of the Energy Innovation Hub to manage 
the Consortium for not less than 3 years fol-
lowing the date on which the Consortium is es-
tablished. 
(C) MEMBERSHIP.—The members of the 
Consortium shall be representatives from relevant 
Federal agencies, the National Laboratories, the 
National Minerals Information Center, institu-
tions of higher education, private sector entities, 
multiinstitutional collaborations, and other ap-
propriate entities. 
(D) RESPONSIBILITIES.—The Consortium 
shall— 
(i) develop and implement a multiyear 
plan that— 
(I) identifies technical goals and 
milestones for the program; 
(II) utilizes the high performance 
computing capabilities of the Depart-
ment; and 
(III) leverages the expertise of the 
National Laboratories and the United 
States Geological Survey; and 
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(ii) submit an annual report to the 
Secretary summarizing the activities of the 
Consortium, including an evaluation of the 
role of the Consortium in the achievement of 
the technical milestones identified under 
clause (i)(I). 
(E) SUNSET; TERMINATION.— 
(i) IN GENERAL.—The Secretary may 
provide support to the Consortium for a pe-
riod of not more than 10 years, subject to 
the availability of appropriations. 
(ii) MERIT REVIEW.—Not later than 5 
years after the date on which the Consor-
tium is established, the Secretary shall con-
duct a rigorous merit review to determine 
whether the Consortium helped the program 
achieve the technical milestones identified 
under subparagraph (D)(i)(I). 
(iii) TERMINATION.—If the Secretary 
determines that the Consortium has not 
helped the program achieve the technical 
milestones identified under subparagraph 
(D)(i)(I), the Secretary may terminate any 
financial or technical support that the De-
partment provides to the Consortium. 
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(9) REPORTS.—Not later than 2 years after the 
date of enactment of this Act, and annually there-
after, the Secretary shall submit to Congress a report 
summarizing the activities, findings, and progress of 
the program. 
(10) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary to carry out this subsection— 
(A) $125,000,000 for fiscal year 2021; 
(B) $105,000,000 for fiscal year 2022; 
(C) $100,000,000 for fiscal year 2023; 
(D) $135,000,000 for fiscal year 2024; and 
(E) $135,000,000 for fiscal year 2025. 
(h) CRITICAL MATERIALS SUPPLY CHAIN RESEARCH 
FACILITY.— 
(1) IN GENERAL.—The Secretary of Energy (re-
ferred to in this subsection as the ‘‘Secretary’’) shall 
support construction of a Critical Materials Supply 
Chain Research Facility (referred to in this sub-
section as the ‘‘facility’’). 
(2) REQUIREMENTS.—The facility— 
(A) shall be used to further enable research, 
development, demonstration, and commercializa-
tion activities throughout the supply chain for 
critical materials; and 
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(B) shall provide an integrated, rapidly 
reconfigurable research platform. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary to fund the design and construction of the fa-
cility, to remain available until expended— 
(A) $10,000,000 for fiscal year 2021; 
(B) $30,000,000 for fiscal year 2022; and 
(C) $35,000,000 for fiscal year 2023. 
(i) CRITICAL MATERIALS RESEARCH DATABASE AND 
INFORMATION PORTAL.— 
(1) IN GENERAL.—In carrying out the program 
established under subsection (g)(1), the Secretary and 
the Secretary of Energy (referred to in this subsection 
as the ‘‘Secretaries’’), in consultation with the Direc-
tor of the National Science Foundation, shall establish 
and operate a Critical Materials Information Portal 
(referred to in this subsection as the ‘‘Portal’’) to col-
lect, catalogue, disseminate, and archive information 
on critical materials. 
(2) COOPERATION.—In carrying out paragraph 
(1), the Secretaries shall leverage the expertise of the 
National Minerals Information Center, the Office of 
Scientific and Technical Information, and the Crit-
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ical Materials Consortium established under sub-
section (g)(8)(A). 
(3) PURPOSE.—The purpose of the Portal is to 
support the development of a web-based platform to 
provide public access to a database of computed infor-
mation on known and predicted critical materials 
and related material properties and computational 
tools in order— 
(A) to accelerate breakthroughs in critical 
materials identification and design; 
(B) to strengthen the foundation for tech-
nologies that will enable more sustainable recy-
cling, substitution, use, and recovery and mini-
mize the environmental impacts of methods for 
extraction, processing, and manufacturing of 
critical materials; and 
(C) to drive the development of advanced 
materials for applications that span the missions 
of the Department of Energy and the Depart-
ment of the Interior (referred to in this sub-
section as the ‘‘Departments’’) in energy, envi-
ronment, and national security. 
(4) ACTIVITIES.—In carrying out this subsection, 
the Secretaries shall— 
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(A) conduct cooperative research with in-
dustry, academia, and other research institutions 
to facilitate the design of novel materials, includ-
ing critical materials and substitutes for critical 
materials; 
(B) leverage existing high-performance com-
puting systems to conduct high throughput cal-
culations and develop computing and data min-
ing algorithms for the prediction of material 
properties, including a focus on critical mate-
rials; 
(C) leverage and support research in min-
eralogy and mineral chemistry to enhance the 
understanding, prediction, and manipulation of 
critical materials; 
(D) assist scientists and engineers in mak-
ing the fullest possible use of the relevant data 
holdings of the Departments, including the sci-
entific and technical data generated by the re-
search and development activities funded under 
subsection (g); 
(E) seek and incorporate other information 
on critical materials to enhance the Depart-
ments’ utility for program participants and 
other users; and 
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(F) manage and make available to research-
ers and the public accessible, curated, standard-
ized, secure, and privacy-protected data sets from 
the public and private sectors for the purposes of 
critical materials research and development ac-
tivities. 
(5) PROPRIETARY
INFORMATION.—In carrying 
out this subsection, the Secretaries shall ensure, con-
sistent with section 5(f) of the National Materials and 
Minerals Policy, Research and Development Act of 
1980 (30 U.S.C. 1604(f)), that— 
(A) no person uses the information and 
data collected for the Portal for a purpose other 
than the development of, or reporting of, aggre-
gate data in a manner such that the identity of 
the person or firm who supplied the information 
is not discernible and is not material to the in-
tended uses of the information; 
(B) no person discloses any information or 
data collected for the Portal unless the informa-
tion or data has been transformed into a statis-
tical or aggregate form that does not allow the 
identification of the person or firm who supplied 
particular information; and 
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(C) procedures are established to require the 
withholding of any information or data collected 
for the Portal if at least 1 of the Secretaries de-
termines that the withholding is necessary to 
protect proprietary information, including any 
trade secrets or other confidential information. 
(j) ANALYSIS AND FORECASTING.— 
(1) CAPABILITIES.—In order to evaluate existing 
critical mineral policies and inform future actions 
that may be taken to avoid supply shortages, mitigate 
price volatility, and prepare for demand growth and 
other market shifts, the Secretary (acting through the 
Director of the United States Geological Survey) or a 
designee of the Secretary, in consultation with the 
Energy Information Administration, academic insti-
tutions, and others in order to maximize the applica-
tion of existing competencies related to developing 
and maintaining computer-models and similar ana-
lytical tools, shall conduct and publish the results of 
an annual report that includes— 
(A) as part of the annually published Min-
eral Commodity Summaries from the United 
States Geological Survey, a comprehensive re-
view of critical mineral production, consump-
tion, and recycling patterns, including— 
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(i) the quantity of each critical min-
eral domestically produced during the pre-
ceding year; 
(ii) the quantity of each critical min-
eral domestically consumed during the pre-
ceding year; 
(iii) market price data or other price 
data for each critical mineral; 
(iv) an assessment of— 
(I) critical mineral requirements 
to meet the national security, energy, 
economic, 
industrial, 
technological, 
and other needs of the United States 
during the preceding year; 
(II) the reliance of the United 
States on foreign sources to meet those 
needs during the preceding year; and 
(III) the implications of any sup-
ply shortages, restrictions, or disrup-
tions during the preceding year; 
(v) the quantity of each critical min-
eral domestically recycled during the pre-
ceding year; 
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(iii) an assessment of— 
(I) critical mineral requirements 
to meet projected national security, en-
ergy, economic, industrial, techno-
logical, and other needs of the United 
States; 
(II) the projected reliance of the 
United States on foreign sources to 
meet those needs; and 
(III) the projected implications of 
potential supply shortages, restrictions, 
or disruptions; 
(iv) the quantity of each critical min-
eral projected to be domestically recycled 
over the subsequent 1-year, 5-year, and 10- 
year periods; 
(v) the market penetration of alter-
natives to each critical mineral projected to 
take place over the subsequent 1-year, 5- 
year, and 10-year periods; 
(vi) a discussion of reasonably foresee-
able international trends associated with the 
discovery, production, consumption, use, 
costs of production, and recycling of each 
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critical mineral as well as the development 
of alternatives to critical minerals; and 
(vii) such other projections relating to 
each critical mineral as the Secretary deter-
mines to be necessary to achieve the pur-
poses of this subsection. 
(2) PROPRIETARY INFORMATION.—In preparing 
a report described in paragraph (1), the Secretary 
shall ensure, consistent with section 5(f) of the Na-
tional Materials and Minerals Policy, Research and 
Development Act of 1980 (30 U.S.C. 1604(f)), that— 
(A) no person uses the information and 
data collected for the report for a purpose other 
than the development of or reporting of aggregate 
data in a manner such that the identity of the 
person or firm who supplied the information is 
not discernible and is not material to the in-
tended uses of the information; 
(B) no person discloses any information or 
data collected for the report unless the informa-
tion or data has been transformed into a statis-
tical or aggregate form that does not allow the 
identification of the person or firm who supplied 
particular information; and 
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3502 
(C) procedures are established to require the 
withholding of any information or data collected 
for the report if the Secretary determines that 
withholding is necessary to protect proprietary 
information, including any trade secrets or other 
confidential information. 
(k) EDUCATION AND WORKFORCE.— 
(1) WORKFORCE ASSESSMENT.—Not later than 1 
year and 300 days after the date of enactment of this 
Act, the Secretary of Labor (in consultation with the 
Secretary, the Director of the National Science Foun-
dation, institutions of higher education with substan-
tial expertise in mining, institutions of higher edu-
cation with significant expertise in minerals research, 
including fundamental research into alternatives, and 
employers in the critical minerals sector) shall submit 
to Congress an assessment of the domestic availability 
of technically trained personnel necessary for critical 
mineral exploration, development, assessment, produc-
tion, manufacturing, recycling, analysis, forecasting, 
education, and research, including an analysis of— 
(A) skills that are in the shortest supply as 
of the date of the assessment; 
(B) skills that are projected to be in short 
supply in the future; 
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(C) the demographics of the critical min-
erals industry and how the demographics will 
evolve under the influence of factors such as an 
aging workforce; 
(D) the effectiveness of training and edu-
cation programs in addressing skills shortages; 
(E) opportunities to hire locally for new 
and existing critical mineral activities; 
(F) the sufficiency of personnel within rel-
evant areas of the Federal Government for 
achieving the policies described in section 3 of 
the National Materials and Minerals Policy, Re-
search and Development Act of 1980 (30 U.S.C. 
1602); and 
(G) the potential need for new training pro-
grams to have a measurable effect on the supply 
of trained workers in the critical minerals indus-
try. 
(2) CURRICULUM STUDY.— 
(A) IN GENERAL.—The Secretary and the 
Secretary of Labor shall jointly enter into an ar-
rangement with the National Academy of 
Sciences and the National Academy of Engineer-
ing under which the Academies shall coordinate 
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with the National Science Foundation on con-
ducting a study— 
(i) to design an interdisciplinary pro-
gram on critical minerals that will support 
the critical mineral supply chain and im-
prove the ability of the United States to in-
crease domestic, critical mineral explo-
ration, development, production, manufac-
turing, research, including fundamental re-
search into alternatives, and recycling; 
(ii) to address undergraduate and 
graduate education, especially to assist in 
the development of graduate level programs 
of research and instruction that lead to ad-
vanced degrees with an emphasis on the 
critical mineral supply chain or other posi-
tions that will increase domestic, critical 
mineral exploration, development, produc-
tion, manufacturing, research, including 
fundamental research into alternatives, and 
recycling; 
(iii) to develop guidelines for proposals 
from institutions of higher education with 
substantial capabilities in the required dis-
ciplines for activities to improve the critical 
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mineral supply chain and advance the ca-
pacity of the United States to increase do-
mestic, critical mineral exploration, re-
search, development, production, manufac-
turing, and recycling; and 
(iv) to outline criteria for evaluating 
performance and recommendations for the 
amount of funding that will be necessary to 
establish and carry out the program de-
scribed in paragraph (3). 
(B) REPORT.—Not later than 2 years after 
the date of enactment of this Act, the Secretary 
shall submit to Congress a description of the re-
sults of the study required under subparagraph 
(A). 
(3) PROGRAM.— 
(A) ESTABLISHMENT.—The Secretary and 
the Secretary of Labor shall jointly conduct a 
competitive grant program under which institu-
tions of higher education may apply for and re-
ceive 4-year grants for— 
(i) startup costs for newly designated 
faculty positions in integrated critical min-
eral education, research, innovation, train-
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ing, and workforce development programs 
consistent with paragraph (2); 
(ii) internships, scholarships, and fel-
lowships for students enrolled in programs 
related to critical minerals; 
(iii) equipment necessary for inte-
grated critical mineral innovation, train-
ing, and workforce development programs; 
and 
(iv) research of critical minerals and 
their applications, particularly concerning 
the manufacture of critical components vital 
to national security. 
(B) RENEWAL.—A grant under this para-
graph shall be renewable for up to 2 additional 
3-year terms based on performance criteria out-
lined under paragraph (2)(A)(iv). 
(l) NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA 
PRESERVATION PROGRAM.—Section 351(k) of the Energy 
Policy Act of 2005 (42 U.S.C. 15908(k)) is amended by 
striking ‘‘ $30,000,000 for each of fiscal years 2006 through 
2010’’ and inserting ‘‘ $5,000,000 for each of fiscal years 
2021 through 2029, to remain available until expended’’. 
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(m) AMENDMENTS TO THE NATIONAL MATERIALS AND 
MINERALS, POLICY, RESEARCH AND DEVELOPMENT ACT OF 
1980.— 
(1) PROGRAM PLAN.—Section 5 of the National 
Materials and Minerals Policy, Research and Devel-
opment Act of 1980 (30 U.S.C. 1604) is amended— 
(A) by striking ‘‘date of enactment of this 
Act’’ each place it appears and inserting ‘‘date 
of enactment of the Energy Act of 2020’’; 
(B) in subsection (b)(1), by striking ‘‘Fed-
eral Coordinating Council for Science, Engineer-
ing, and Technology’’ and inserting ‘‘National 
Science and Technology Council’’; 
(C) in subsection (c)— 
(i) in the matter preceding paragraph 
(1)— 
(I) by striking ‘‘the Federal Emer-
gency’’ and all that follows through 
‘‘Agency, and’’; and 
(II) 
by 
striking 
‘‘appropriate 
shall’’ and inserting ‘‘appropriate, 
shall’’; 
(ii) by striking paragraphs (1) and 
(3); 
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(iii) by redesignating paragraph (2) as 
paragraph (1); 
(iv) in paragraph (1) (as so redesig-
nated)— 
(I) by striking ‘‘within 1 year 
after October 21, 1980’’ and inserting 
‘‘not later than 1 year after the date of 
the enactment of the Energy Act of 
2020’’; 
(II) by striking ‘‘which assesses’’ 
and inserting ‘‘that assesses’’; and 
(III) by striking ‘‘in the case’’ 
and all that follows through ‘‘sub-
section, and which’’ and inserting 
‘‘and that’’; and 
(v) by adding at the end the following: 
‘‘(2) assess the adequacy and stability of the sup-
ply of materials necessary to maintain national secu-
rity, economic well-being, public health, and indus-
trial production.’’; and 
(D) in subsection (e), by striking ‘‘Bureau 
of Mines’’ each place it appears and inserting 
‘‘United States Geological Survey’’. 
(2) POLICY.—Section 3 of the National Materials 
and Minerals Policy, Research and Development Act 
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of 1980 (30 U.S.C. 1602) is amended, in the matter 
preceding paragraph (1)— 
(A) in the first sentence, by striking ‘‘The 
Congress declares that it’’ and inserting ‘‘It’’; 
and 
(B) in the second sentence, by striking ‘‘The 
Congress further declares that implementation’’ 
and inserting ‘‘Implementation’’. 
(3) IMPLEMENTATION.—Section 4 of the Na-
tional Materials and Minerals Policy, Research and 
Development Act of 1980 (30 U.S.C. 1603) is amend-
ed, in the matter preceding paragraph (1)— 
(A) by striking ‘‘For the purpose’’ and all 
that follows through ‘‘declares that the’’ and in-
serting ‘‘The’’; and 
(B) by striking ‘‘departments and agen-
cies,’’ and inserting ‘‘departments and agencies 
to implement the policy described in section 3’’. 
(n) ADMINISTRATION.— 
(1) IN GENERAL.—The National Critical Mate-
rials Act of 1984 (30 U.S.C. 1801 et seq.) is repealed. 
(2) CONFORMING AMENDMENT.—Section 3(d) of 
the National Superconductivity and Competitiveness 
Act of 1988 (15 U.S.C. 5202(d)) is amended in the 
first sentence by striking ‘‘, with the assistance of the 
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3510 
National Critical Materials Council as specified in 
the National Critical Materials Act of 1984 (30 
U.S.C. 1801 et seq.),’’. 
(3) SAVINGS CLAUSES.— 
(A) IN GENERAL.—Nothing in this section 
or an amendment made by this section modifies 
any requirement or authority provided by— 
(i) the matter under the heading ‘‘GE-
OLOGICAL SURVEY’’ of the first section of 
the Act of March 3, 1879 (43 U.S.C. 31(a)); 
or 
(ii) the first section of Public Law 87– 
626 (43 U.S.C. 31(b)). 
(B) EFFECT
ON
DEPARTMENT
OF
DE-
FENSE.—Nothing in this section or an amend-
ment made by this section affects the authority 
of the Secretary of Defense with respect to the 
work of the Department of Defense on critical 
material supplies in furtherance of the national 
defense mission of the Department of Defense. 
(C) SECRETARIAL ORDER NOT AFFECTED.— 
This section shall not apply to any mineral de-
scribed in Secretarial Order No. 3324, issued by 
the Secretary on December 3, 2012, in any area 
to which the order applies. 
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3511 
(o) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry out 
this section $50,000,000 for each of fiscal years 2021 
through 2029. 
SEC. 7003. MONITORING MINERAL INVESTMENTS UNDER 
BELT AND ROAD INITIATIVE OF PEOPLE’S RE-
PUBLIC OF CHINA. 
(a) REPORT REQUIRED.—Not later than 1 year after 
the date of the enactment of this Act, the Director of Na-
tional Intelligence (referred to in this section as the ‘‘Direc-
tor’’), in consultation with the Secretary of the Interior, the 
Secretary of Energy, the Secretary of Commerce, the Sec-
retary of State, the Secretary of Defense, and the United 
States Trade Representative, shall submit to the appro-
priate congressional committees a report on investments in 
minerals under the Belt and Road Initiative of the People’s 
Republic of China that includes an assessment of— 
(1) notable past mineral investments; 
(2) whether and how such investments have in-
creased the extent of control of minerals by the Peo-
ple’s Republic of China; 
(3) any efforts by the People’s Republic of China 
to counter or interfere with the goals of the Energy 
Resource Governance Initiative of the Department of 
State; and 
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(4) the strategy of the People’s Republic of China 
with respect to mineral investments. 
(b) MONITORING MECHANISM.—In conjunction with 
each report required by subsection (a), the Director shall 
submit to the appropriate congressional committees a list 
of any minerals with respect to which— 
(1) the People’s Republic of China, directly or 
through the Belt and Road Initiative— 
(A) is increasing its concentration of extrac-
tion and processing; 
(B) is acquiring significant mining and 
processing facilities; 
(C) is maintaining or increasing export re-
strictions; or 
(D) has achieved substantial control of the 
supply of minerals used within an industry or 
related minerals; 
(2) there is a significant difference between do-
mestic prices in the People’s Republic of China as 
compared to prices on international markets; or 
(3) there is a significant increase or volatility in 
price as a result of the Belt and Road Initiative of 
the People’s Republic of China. 
(c) CRITICAL MINERAL EVALUATION.—For any min-
eral included on the list required by subsection (b) that is 
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not already designated as critical by the Secretary of the 
Interior pursuant to section 7002(c), the Director shall— 
(1) determine, in consultation with the Secretary 
of the Interior, the Secretary of Energy, the Secretary 
of Commerce, the Secretary of State, the Secretary of 
Defense, and the United States Trade Representative, 
whether the mineral is strategic and critical to the de-
fense or national security of the United States; and 
(2) make a recommendation to the Secretary of 
the Interior regarding the designation of the mineral 
under section 7002(c). 
(d) ANNUAL UPDATES.—The Director shall update the 
report required by subsection (a) and list required by sub-
section (b) not less frequently than annually. 
(e) FORM.—Each report or list required by this section 
shall be submitted in unclassified form but may include a 
classified annex. 
(f) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Energy and Natural Re-
sources, the Committee on Foreign Relations, the 
Committee on Armed Services, the Committee on Fi-
nance, the Committee on Homeland Security and 
Governmental Affairs, the Committee on Commerce, 
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Science, and Transportation, and the Committee on 
Appropriations of the Senate; and 
(2) the Committee on Energy and Commerce, the 
Committee on Foreign Affairs, the Committee on 
Armed Services, the Committee on Ways and Means, 
the Committee on Homeland Security, and the Com-
mittee on Appropriations of the House of Representa-
tives. 
TITLE VIII—GRID 
MODERNIZATION 
SEC. 8001. SMART GRID REGIONAL DEMONSTRATION INI-
TIATIVE. 
Section 1304 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17384) is amended— 
(1) in subsection (a), by inserting ‘‘research, de-
velopment, and demonstration’’ before ‘‘program’’; 
(2) in subsection (b)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) IN GENERAL.—The Secretary shall establish 
a smart grid regional demonstration initiative (re-
ferred to in this subsection as the ‘Initiative’) com-
posed of demonstration projects focused on cost-effec-
tive, advanced technologies for use in power grid sens-
ing, communications, analysis, power flow control, 
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visualization, distribution automation, industrial 
control systems, dynamic line rating systems, grid re-
design, and the integration of distributed energy re-
sources.’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (D), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (E), by striking 
the period and inserting ‘‘; and’’; and 
(iii) by inserting at the end the fol-
lowing: 
‘‘(F) to encourage the commercial applica-
tion of advanced distribution automation tech-
nologies that exert intelligent control over elec-
trical grid functions at the distribution level to 
improve system resilience.’’. 
SEC. 8002. SMART GRID MODELING, VISUALIZATION, ARCHI-
TECTURE, AND CONTROLS. 
Title XIII of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17381 et seq.) is amended by insert-
ing after section 1304 the following: 
‘‘SEC. 1304A. SMART GRID MODELING, VISUALIZATION, AR-
CHITECTURE, AND CONTROLS. 
‘‘(a) IN GENERAL.—Not later than 180 days after the 
enactment of this section, the Secretary shall establish a 
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program of research, development, demonstration, and com-
mercial application on electric grid modeling, sensing, vis-
ualization, architecture development, and advanced oper-
ation and controls. 
‘‘(b) MODELING RESEARCH AND DEVELOPMENT.—The 
Secretary shall support development of models of emerging 
technologies and systems to facilitate the secure and reliable 
design, planning, and operation of the electric grid for use 
by industry stakeholders. In particular, the Secretary shall 
support development of— 
‘‘(1) models to analyze and predict the effects of 
adverse physical and cyber events on the electric grid; 
‘‘(2) coupled models of electrical, physical, and 
cyber systems; 
‘‘(3) models of existing and emerging technologies 
being deployed on the electric grid due to projected 
changes in the electric generation mix and loads, for 
a variety of regional characteristics; and 
‘‘(4) integrated models of the communications, 
transmission, distribution, and other interdependent 
systems for existing, new, and emerging technologies. 
‘‘(c) SITUATIONAL AWARENESS RESEARCH AND DE-
VELOPMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall support 
development of computational tools and technologies 
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to improve sensing, monitoring, and visualization of 
the electric grid for real-time situational awareness 
and decision support tools that enable improved oper-
ation of the power system, including utility, non-util-
ity, and customer grid-connected assets, for use by in-
dustry partners. 
‘‘(2) DATA USE.—In developing visualization ca-
pabilities under this section, the Secretary shall de-
velop tools for industry stakeholders to use to analyze 
data collected from advanced measurement and moni-
toring technologies, including data from phasor meas-
urement units and advanced metering units. 
‘‘(3) SEVERE
EVENTS.—The Secretary shall 
prioritize enhancing cyber and physical situational 
awareness of the electric grid during adverse man-
made and naturally-occurring events. 
‘‘(d) OPERATION AND CONTROLS RESEARCH AND DE-
VELOPMENT.—The Secretary shall conduct research to de-
velop improvements to the operation and controls of the 
electric grid, in coordination with industry partners. Such 
activities shall include— 
‘‘(1) a training facility or facilities to allow grid 
operators to gain operational experience with ad-
vanced grid control concepts and technologies; 
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‘‘(2) development of cost-effective advanced oper-
ation and control concepts and technologies, such as 
adaptive islanding, dynamic line rating systems, 
power flow controllers, network topology optimization, 
smart circuit breakers, intelligent load shedding, and 
fault-tolerant control system architectures; 
‘‘(3) development of real-time control concepts 
using artificial intelligence and machine learning for 
improved electric grid resilience; and 
‘‘(4) utilization of advanced data analytics in-
cluding load forecasting, power flow modeling, equip-
ment failure prediction, resource optimization, risk 
analysis, and decision analysis. 
‘‘(e) INTEROPERABILITY RESEARCH
AND DEVELOP-
MENT.—The Secretary shall conduct research and develop-
ment on tools and technologies that improve the interoper-
ability and compatibility of new and emerging components, 
technologies, and systems with existing electric grid infra-
structure. 
‘‘(f) UNDERGROUND TRANSMISSION AND DISTRIBU-
TION LINES.—In carrying out the program under sub-
section (a), the Secretary shall support research and devel-
opment on underground transmission and distribution 
lines. This shall include research on— 
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‘‘(1) methods for lowering the costs of under-
ground transmission and distribution lines, including 
through novel installation techniques and materials 
considerations; 
‘‘(2) techniques to improve the lifespan of under-
ground transmission and distribution lines; 
‘‘(3) wireless sensors to improve safety of under-
ground transmission and distribution lines and to 
predict, identify, detect, and transmit information 
about degradation and faults; and 
‘‘(4) methods for improving the resilience and re-
liability of underground transmission and distribu-
tion lines, including technologies and techniques that 
can mitigate the impact of flooding, storm surge, and 
seasonal climate cycles on degradation of and damage 
to underground transmission and distribution lines. 
‘‘(g) GRID ARCHITECTURE AND SCENARIO DEVELOP-
MENT.— 
‘‘(1) IN GENERAL.—Subject to paragraph (3), the 
Secretary shall establish and facilitate a collaborative 
process to develop model grid architecture and a set 
of future scenarios for the electric grid to examine the 
impacts of different combinations of resources (includ-
ing different quantities of distributed energy resources 
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and large-scale, central generation) on the electric 
grid. 
‘‘(2) ARCHITECTURE.—In supporting the devel-
opment of model grid architectures, the Secretary 
shall— 
‘‘(A) analyze a variety of grid architecture 
scenarios that range from minor upgrades to ex-
isting transmission grid infrastructure to sce-
narios that involve the replacement of significant 
portions of existing transmission grid infrastruc-
ture; 
‘‘(B) analyze the effects of the increasing 
proliferation of renewable and other zero emis-
sions energy generation sources, increasing use of 
distributed resources owned by non-utility enti-
ties, and the use of digital and automated con-
trols not managed by grid operators; 
‘‘(C) include a variety of new and emerging 
distribution grid technologies, including distrib-
uted energy resources, electric vehicle charging 
stations, distribution automation technologies, 
energy storage, and renewable energy sources; 
‘‘(D) analyze the effects of local load bal-
ancing and other forms of decentralized control; 
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‘‘(E) analyze the effects of changes to grid 
architectures resulting from modernizing electric 
grid systems, including communications, con-
trols, markets, consumer choice, emergency re-
sponse, electrification, and cybersecurity con-
cerns; and 
‘‘(F) develop integrated grid architectures 
that incorporate system resilience for cyber, 
physical, and communications systems. 
‘‘(3) MARKET STRUCTURE.—The grid architec-
ture and scenarios developed under paragraph (1) 
shall, to the extent practicable, account for differences 
in market structure, including an examination of the 
potential for stranded costs in each type of market 
structure. 
‘‘(h) COMPUTING RESOURCES AND DATA COORDINA-
TION RESEARCH AND DEVELOPMENT.—In carrying out this 
section, the Secretary shall— 
‘‘(1) leverage existing computing resources at the 
National Laboratories; and 
‘‘(2) develop voluntary standards for data 
taxonomies and communication protocols in coordi-
nation with public and private sector stakeholders. 
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‘‘(i) INFORMATION SHARING.—None of the activities 
authorized in this section shall require private entities to 
share information or data with the Secretary. 
‘‘(j) RESILIENCE.—In this section, the term ‘resilience’ 
means the ability to withstand and reduce the magnitude 
or duration of disruptive events, which includes the capa-
bility to anticipate, absorb, adapt to, or rapidly recover 
from such an event, including from deliberate attacks, acci-
dents, and naturally occurring threats or incidents.’’. 
SEC. 8003. INTEGRATED ENERGY SYSTEMS. 
Title XIII of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17381 et seq.) is amended by adding 
after section 1309 the following: 
‘‘SEC. 1310. INTEGRATED ENERGY SYSTEMS. 
‘‘(a) IN GENERAL.—Not later than 180 days after the 
enactment of this section, the Secretary shall establish a re-
search, development, and demonstration program to develop 
cost-effective integrated energy systems, including— 
‘‘(1) development of computer modeling to design 
different configurations of integrated energy systems 
and to optimize system operation; 
‘‘(2) research on system integration needed to 
plan, design, build, and operate integrated energy 
systems, including interconnection requirements with 
the electric grid; 
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‘‘(3) development of integrated energy systems for 
various applications, including— 
‘‘(A) thermal energy generation and storage 
for buildings and manufacturing; 
‘‘(B) electricity storage coupled with energy 
generation; 
‘‘(C) desalination; 
‘‘(D) production of liquid and gaseous fuels; 
and 
‘‘(E) production of chemicals such as am-
monia and ethylene; 
‘‘(4) development of testing facilities for inte-
grated energy systems; and 
‘‘(5) research on incorporation of various tech-
nologies for integrated energy systems, including nu-
clear energy, renewable energy, storage, and carbon 
capture, utilization, and sequestration technologies. 
‘‘(b) STRATEGIC PLAN.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this section, the Secretary 
shall submit to the Committee on Science, Space, and 
Technology of the House of Representatives and the 
Committee on Energy and Natural Resources of the 
Senate a strategic plan that identifies opportunities, 
challenges, and standards needed for the development 
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and commercial application of integrated energy sys-
tems. The strategic plan shall include— 
‘‘(A) analysis of the potential benefits of de-
velopment of integrated electric systems on the 
electric grid; 
‘‘(B) analysis of the potential contributions 
of integrated energy systems to different grid ar-
chitecture scenarios; 
‘‘(C) research and development goals for 
various integrated energy systems, including 
those identified in subsection (a); 
‘‘(D) assessment of policy and market bar-
riers to the adoption of integrated energy sys-
tems; 
‘‘(E) analysis of the technical and economic 
feasibility of adoption of different integrated en-
ergy systems; and 
‘‘(F) a 10-year roadmap to guide the pro-
gram established under subsection (a). 
‘‘(2) UPDATES.—Not less than once every 3 years 
for the duration of this research program, the Sec-
retary shall submit an updated version of the stra-
tegic plan to the Committee on Science, Space, and 
Technology of the House of Representatives and the 
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Committee on Energy and Natural Resources of the 
Senate. 
‘‘(c) PROGRAM IMPLEMENTATION.—In carrying out 
the research, development, demonstration, and commercial 
application aims of subsection (a), the Secretary shall— 
‘‘(1) implement the recommendations set forth in 
the strategic plan in subsection (b); 
‘‘(2) coordinate across all relevant program of-
fices at the Department, including— 
‘‘(A) the Office of Energy Efficiency and 
Renewable Energy; 
‘‘(B) the Office of Nuclear Energy; and 
‘‘(C) the Office of Fossil Energy; 
‘‘(3) leverage existing programs and resources of 
the Department; and 
‘‘(4) prioritize activities that accelerate the devel-
opment of integrated electricity generation, storage, 
and distribution systems with net zero greenhouse gas 
emissions. 
‘‘(d) INTEGRATED ENERGY SYSTEM DEFINED.—The 
term ‘integrated energy system’ means a system composed 
of 2 or more co-located or jointly operated sub-systems of 
energy generation, energy storage, or other energy tech-
nologies.’’. 
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SEC. 8004. GRID INTEGRATION RESEARCH AND DEVELOP-
MENT. 
(a) INTEGRATING DISTRIBUTED ENERGY RESOURCES 
ONTO THE ELECTRIC GRID.—Section 925(a) of the Energy 
Policy Act of 2005 (42 U.S.C. 16215) is amended— 
(1) by redesignating paragraphs (10) and (11) 
as paragraphs (12) and (13), respectively; and 
(2) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) the development of cost-effective tech-
nologies that enable two-way information and power 
flow between distributed energy resources and the elec-
tric grid; 
‘‘(11) the development of technologies and con-
cepts that enable interoperability between distributed 
energy resources and other behind-the-meter devices 
and the electric grid;’’. 
(b) INTEGRATING RENEWABLE ENERGY ONTO
THE 
ELECTRIC GRID.—Subtitle C of title IX of the Energy Pol-
icy Act of 2005 (42 U.S.C. 16231 et seq.) is amended by 
adding at the end the following: 
‘‘SEC. 936. RESEARCH AND DEVELOPMENT INTO INTE-
GRATING RENEWABLE ENERGY ONTO THE 
ELECTRIC GRID. 
‘‘(a) IN GENERAL.—Not later than 180 days after the 
enactment of this section, the Secretary shall establish a re-
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search, development, and demonstration program on tech-
nologies that enable integration of renewable energy genera-
tion sources onto the electric grid across multiple program 
offices of the Department. The program shall include— 
‘‘(1) forecasting for predicting generation from 
variable renewable energy sources; 
‘‘(2) development of cost-effective low-loss, long- 
distance transmission lines; and 
‘‘(3) development of cost-effective advanced tech-
nologies for variable renewable generation sources to 
provide grid services. 
‘‘(b) COORDINATION.—In carrying out this program, 
the Secretary shall coordinate across all relevant program 
offices at the Department to achieve the goals established 
in this section, including the Office of Electricity. 
‘‘(c) ADOPTION OF TECHNOLOGIES.—In carrying out 
this section, the Secretary shall consider barriers to adop-
tion and commercial application of technologies that enable 
integration of renewable energy sources onto the electric 
grid, including cost and other economic barriers, and shall 
coordinate with relevant entities to reduce these barriers.’’. 
(c) INTEGRATING ELECTRIC VEHICLES ONTO
THE 
ELECTRIC GRID.—Subtitle B of title I of the Energy Inde-
pendence and Security Act of 2007 (42 U.S.C. 17011 et seq.) 
is amended by adding at the end the following: 
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‘‘SEC. 137. RESEARCH AND DEVELOPMENT INTO INTE-
GRATING ELECTRIC VEHICLES ONTO THE 
ELECTRIC GRID. 
‘‘(a) IN GENERAL.—The Secretary shall establish a re-
search, development, and demonstration program to ad-
vance the integration of electric vehicles, including plug-in 
hybrid electric vehicles, onto the electric grid. 
‘‘(b) VEHICLES-TO-GRID INTEGRATION ASSESSMENT 
REPORT.—Not later than 1 year after the enactment of this 
section, the Secretary shall submit to the Committee on 
Science, Space, and Technology of the House of Representa-
tives and the Committee on Energy and Natural Resources 
of the Senate a report on the results of a study that exam-
ines the research, development, and demonstration opportu-
nities, challenges, and standards needed for integrating elec-
tric vehicles onto the electric grid. 
‘‘(1) REPORT REQUIREMENTS.—The report shall 
include— 
‘‘(A) an evaluation of the use of electric ve-
hicles to maintain the reliability of the electric 
grid, including— 
‘‘(i) the use of electric vehicles for de-
mand response, load shaping, emergency 
power, and frequency regulation; and 
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‘‘(ii) the potential for the reuse of spent 
electric vehicle batteries for stationary grid 
storage; 
‘‘(B) the impact of grid integration on elec-
tric vehicles, including— 
‘‘(i) the impact of bi-directional elec-
tricity flow on battery degradation; and 
‘‘(ii) the implications of the use of elec-
tric vehicles for grid services on original 
equipment manufacturer warranties; 
‘‘(C) the impacts to the electric grid of in-
creased penetration of electric vehicles, includ-
ing— 
‘‘(i) the distribution grid infrastruc-
ture needed to support an increase in charg-
ing capacity; 
‘‘(ii) strategies for integrating electric 
vehicles onto the distribution grid while 
limiting infrastructure upgrades; 
‘‘(iii) the changes in electricity demand 
over a 24-hour cycle due to electric vehicle 
charging behavior; 
‘‘(iv) the load increases expected from 
electrifying the transportation sector; 
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‘‘(v) the potential for customer incen-
tives and other managed charging stations 
strategies to shift charging off-peak; 
‘‘(vi) the technology needed to achieve 
bi-directional power flow on the distribution 
grid; and 
‘‘(vii) the implementation of smart 
charging techniques; 
‘‘(D) research on the standards needed to 
integrate electric vehicles with the grid, includ-
ing communications systems, protocols, and 
charging stations, in collaboration with the Na-
tional Institute for Standards and Technology; 
‘‘(E) the cybersecurity challenges and needs 
associated with electrifying the transportation 
sector; and 
‘‘(F) an assessment of the feasibility of 
adopting technologies developed under the pro-
gram established under subsection (a) at Depart-
ment facilities. 
‘‘(2) RECOMMENDATIONS.—As part of the Vehi-
cles-to-Grid Integration Assessment Report, the Sec-
retary shall develop a 10-year roadmap to guide the 
research, development, and demonstration program to 
integrate electric vehicles onto the electric grid. 
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‘‘(3) CONSULTATION.—In developing this report, 
the Secretary shall consult with relevant stakeholders, 
including— 
‘‘(A) electric vehicle manufacturers; 
‘‘(B) electric utilities; 
‘‘(C) public utility commissions; 
‘‘(D) vehicle battery manufacturers; 
‘‘(E) electric vehicle supply equipment man-
ufacturers; 
‘‘(F) charging infrastructure manufacturers; 
‘‘(G) the National Laboratories; and 
‘‘(H) other Federal agencies, as the Sec-
retary determines appropriate. 
‘‘(4) UPDATES.—The Secretary shall update the 
report required under this section every 3 years for 
the duration of the program under section (a) and 
shall submit the updated report to the Committee on 
Science, Space, and Technology of the House of Rep-
resentatives and the Committee on Energy and Nat-
ural Resources of the Senate. 
‘‘(c) PROGRAM IMPLEMENTATION.—In carrying out 
the research, development, demonstration, and commercial 
application aims of section, the Secretary shall— 
‘‘(1) implement the recommendations set forth in 
the report in subsection (b); and 
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‘‘(2) coordinate across all relevant program of-
fices at the Department to achieve the goals estab-
lished in this section, including the Office of Elec-
tricity. 
‘‘(d) TESTING CAPABILITIES.—The Secretary shall co-
ordinate with the National Laboratories to develop testing 
capabilities for the evaluation, rapid prototyping, and opti-
mization of technologies enabling integration of electric ve-
hicles onto the electric grid.’’. 
SEC. 8005. ADVISORY COMMITTEE. 
Title XIII of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17381 et seq.) is amended by adding 
after section 1310 (as added by section 8003 of this Act) 
the following: 
‘‘SEC. 1311. ADVISORY COMMITTEE. 
‘‘(a) IN GENERAL.—Not later than 180 days after the 
enactment of this section, the Secretary shall designate an 
existing advisory committee to advise the Secretary on the 
authorization of research, development, and demonstration 
projects under sections 1304 and 1304A. 
‘‘(b) RESPONSIBILITY.—The Secretary shall annually 
solicit from the advisory committee— 
‘‘(1) comments to identify grid modernization 
technology needs; 
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‘‘(2) an assessment of the progress of the research 
activities on grid modernization; and 
‘‘(3) assistance in annually updating grid mod-
ernization technology roadmaps.’’. 
SEC. 8006. COORDINATION OF EFFORTS. 
In carrying out the amendments made by this title, 
the Secretary shall coordinate with relevant entities to the 
maximum extent practicable, including— 
(1) electric utilities; 
(2) private sector entities; 
(3) representatives of all sectors of the electric 
power industry; 
(4) transmission organizations; 
(5) transmission owners and operators; 
(6) distribution organizations; 
(7) distribution asset owners and operators; 
(8) State, Tribal, local, and territorial govern-
ments and regulatory authorities; 
(9) academic institutions; 
(10) the National Laboratories; 
(11) other Federal agencies; 
(12) nonprofit organizations; 
(13) the Federal Energy Regulatory Commission; 
(14) the North American Reliability Corpora-
tion; 
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(15) independent system operators; and 
(16) programs and program offices at the De-
partment. 
SEC. 8007. TECHNOLOGY DEMONSTRATION ON THE DIS-
TRIBUTION GRID. 
(a) IN GENERAL.—The Secretary shall establish a 
grant program to carry out eligible projects related to the 
modernization of the electric grid, including the application 
of technologies to improve observability, advanced controls, 
and prediction of system performance on the distribution 
system. 
(b) ELIGIBLE PROJECTS.—To be eligible for a grant 
under subsection (a), a project shall— 
(1) be designed to improve the performance and 
efficiency of the future electric grid, while ensuring 
the continued provision of safe, secure, reliable, and 
affordable power; and 
(2) demonstrate— 
(A) secure integration and management of 
two or more energy resources, including distrib-
uted energy generation, combined heat and 
power, micro-grids, energy storage, electric vehi-
cles, energy efficiency, demand response, and in-
telligent loads; and 
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(B) secure integration and interoperability 
of communications and information technologies. 
SEC. 8008. VOLUNTARY MODEL PATHWAYS. 
(a) ESTABLISHMENT OF VOLUNTARY MODEL PATH-
WAYS.— 
(1) ESTABLISHMENT.—Not later than 90 days 
after the date of enactment of this Act, the Secretary 
of Energy (in this section referred to as the ‘‘Sec-
retary’’), in consultation with the steering committee 
established under paragraph (3), shall initiate the de-
velopment of voluntary model pathways for modern-
izing the electric grid through a collaborative, public- 
private effort that— 
(A) produces illustrative policy pathways 
encompassing a diverse range of technologies that 
can be adapted for State and regional applica-
tions by regulators and policymakers; 
(B) facilitates the modernization of the elec-
tric grid and associated communications net-
works to achieve the objectives described in para-
graph (2); 
(C) ensures a reliable, resilient, affordable, 
safe, and secure electric grid; and 
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(D) acknowledges and accounts for different 
priorities, electric systems, and rate structures 
across States and regions. 
(2) OBJECTIVES.—The pathways established 
under paragraph (1) shall facilitate achievement of as 
many of the following objectives as practicable: 
(A) Near real-time situational awareness of 
the electric system. 
(B) Data visualization. 
(C) Advanced monitoring and control of the 
advanced electric grid. 
(D) Enhanced certainty of policies for in-
vestment in the electric grid. 
(E) Increased innovation. 
(F) Greater consumer empowerment. 
(G) Enhanced grid resilience, reliability, 
and robustness. 
(H) Improved— 
(i) integration of distributed energy re-
sources; 
(ii) interoperability of the electric sys-
tem; and 
(iii) predictive modeling and capacity 
forecasting. 
(I) Reduced cost of service for consumers. 
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(J) Diversification of generation sources. 
(3) STEERING COMMITTEE.—Not later than 90 
days after the date of enactment of this Act, the Sec-
retary shall establish a steering committee to help de-
velop the pathways under paragraph (1), to be com-
posed of members appointed by the Secretary, con-
sisting of persons with appropriate expertise rep-
resenting a diverse range of interests in the public, 
private, and academic sectors, including representa-
tives of— 
(A) the Federal Energy Regulatory Com-
mission; 
(B) the National Laboratories; 
(C) States; 
(D) State regulatory authorities; 
(E) transmission organizations; 
(F) representatives of all sectors of the elec-
tric power industry; 
(G) institutions of higher education; 
(H) independent research institutes; and 
(I) other entities. 
(b) TECHNICAL ASSISTANCE.—The Secretary may pro-
vide technical assistance to States, Indian Tribes, or units 
of local government to adopt or implement one or more ele-
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ments of the pathways developed under subsection (a)(1), 
including on a pilot basis. 
SEC. 8009. PERFORMANCE METRICS FOR ELECTRICITY IN-
FRASTRUCTURE PROVIDERS. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Secretary of Energy, in 
consultation with the steering committee established under 
section 8008(a)(3), shall submit to the Committee on En-
ergy and Natural Resources of the Senate and the Com-
mittee on Energy and Commerce of the House of Represent-
atives a report that includes— 
(1) an evaluation of the performance of the elec-
tric grid as of the date of the report; and 
(2) a description of the projected range of meas-
urable costs and benefits associated with the changes 
evaluated under the scenarios developed under section 
1304A of the Energy Independence and Security Act 
of 2007. 
(b) 
CONSIDERATIONS
FOR
DEVELOPMENT
OF 
METRICS.—In developing metrics for the evaluation and 
projections under subsection (a), the Secretary of Energy 
shall consider— 
(1) standard methodologies for calculating im-
provements or deteriorations in the performance 
metrics, such as reliability, grid efficiency, power 
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quality, consumer satisfaction, sustainability, and fi-
nancial incentives; 
(2) standard methodologies for calculating poten-
tial costs and measurable benefits value to ratepayers, 
applying the performance metrics developed under 
paragraph (1); 
(3) identification of tools, resources, and deploy-
ment models that may enable improved performance 
through the adoption of emerging, commercially 
available or advanced grid technologies or solutions, 
including— 
(A) multicustomer micro-grids; 
(B) distributed energy resources; 
(C) energy storage; 
(D) electric vehicles; 
(E) electric vehicle charging infrastructure; 
(F) integrated information and communica-
tions systems; 
(G) transactive energy systems; and 
(H) advanced demand management sys-
tems; and 
(4) the role of States and local regulatory au-
thorities in enabling a robust future electric grid to 
ensure that— 
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(A) electric utilities remain financially via-
ble; 
(B) electric utilities make the needed invest-
ments that ensure a reliable, secure, and resilient 
grid; and 
(C) costs incurred to transform to an inte-
grated grid are allocated and recovered respon-
sibly, efficiently, and equitably. 
SEC. 8010. VOLUNTARY STATE, REGIONAL, AND LOCAL 
ELECTRICITY DISTRIBUTION PLANNING. 
(a) IN GENERAL.—On the request of a State, regional 
organization, or electric utility, the Secretary of Energy 
shall provide assistance to States, regional organizations, 
and electric utilities to facilitate the development of State, 
regional, and local electricity distribution plans by— 
(1) conducting a resource assessment and anal-
ysis of future demand and distribution requirements; 
and 
(2) developing open source tools for State, re-
gional, and local planning and operations. 
(b) RISK AND SECURITY ANALYSIS.—The assessment 
under subsection (a)(1) shall include— 
(1) the evaluation of the physical security, cyber-
security, and associated communications needs of an 
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advanced distribution management system and the 
integration of distributed energy resources; and 
(2) advanced use of grid architecture to analyze 
risks in an all-hazards approach that includes com-
munications infrastructure, control systems architec-
ture, and power systems architecture. 
(c) DESIGNATION.—The information collected for the 
assessment and analysis under subsection (a)(1)— 
(1) shall be considered to be critical electric in-
frastructure information under section 215A of the 
Federal Power Act (16 U.S.C. 824o–1); and 
(2) shall only be released in compliance with reg-
ulations implementing that section. 
(d) TECHNICAL ASSISTANCE.—For the purpose of as-
sisting in the development of State and regional electricity 
distribution plans, the Secretary shall provide technical as-
sistance to— 
(1) States; 
(2) regional reliability entities; and 
(3) other distribution asset owners and opera-
tors. 
(e) WITHDRAWAL.—A State or any entity that has re-
quested technical assistance under this section may with-
draw the request for technical assistance at any time, and 
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on such withdrawal, the Secretary shall terminate all as-
sistance efforts. 
(f) EFFECT.—Nothing in this section authorizes the 
Secretary to require any State, regional organization, re-
gional reliability entity, asset owner, or asset operator to 
adopt any model, tool, plan, analysis, or assessment. 
SEC. 8011. MICRO-GRID AND INTEGRATED MICRO-GRID SYS-
TEMS PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) INTEGRATED
MICRO-GRID
SYSTEM.—The 
term ‘‘integrated micro-grid system’’ means a micro- 
grid system that— 
(A) comprises generation from both conven-
tional and renewable energy resources; and 
(B) may use grid-scale energy storage. 
(2) ISOLATED COMMUNITY.—The term ‘‘isolated 
community’’ means a community that is powered by 
a stand-alone electric generation and distribution sys-
tem without the economic and reliability benefits of 
connection to a regional electric grid. 
(3) MICRO-GRID SYSTEM.—The term ‘‘micro-grid 
system’’ means a localized grid that operates autono-
mously, regardless of whether the grid can operate in 
connection with another grid. 
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(4) RURAL ELECTRIC COOPERATIVE.—The term 
‘‘rural electric cooperative’’ means an electric coopera-
tive (as defined in section 3 of the Federal Power Act 
(16 U.S.C. 796)) that sells electric energy to persons 
in rural areas. 
(5) STRATEGY.—The term ‘‘strategy’’ means the 
strategy developed pursuant to subsection (b)(2)(B). 
(b) PROGRAM.— 
(1) ESTABLISHMENT.—The Secretary of Energy 
(in this section referred to as the ‘‘Secretary’’) shall 
establish a program to promote the development of— 
(A) integrated micro-grid systems for iso-
lated communities; and 
(B) micro-grid systems to increase the resil-
ience of critical infrastructure. 
(2) REQUIREMENTS.—The program established 
under paragraph (1) shall— 
(A) develop a feasibility assessment for— 
(i) integrated micro-grid systems in 
isolated communities; and 
(ii) micro-grid systems to enhance the 
resilience of critical infrastructure; 
(B) develop an implementation strategy, in 
accordance with paragraph (3), to promote the 
development of integrated micro-grid systems for 
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isolated communities, particularly for those com-
munities exposed to extreme weather conditions 
and high energy costs, including electricity, 
space heating and cooling, and transportation; 
(C) develop an implementation strategy to 
promote the development of micro-grid systems 
that increase the resilience of critical infrastruc-
ture; and 
(D) carry out cost-shared demonstration 
projects, based upon the strategies developed 
under subparagraph (B) that include the devel-
opment of physical and cybersecurity plans to 
take appropriate measures to protect and secure 
the electric grid. 
(3) REQUIREMENTS FOR STRATEGY.—In devel-
oping the strategy under paragraph (2)(B), the Sec-
retary shall consider— 
(A) opportunities for improving the effi-
ciency of existing integrated micro-grid systems; 
(B) the capacity of the local workforce to 
operate, maintain, and repair a integrated 
micro-grid system as well as opportunities to im-
prove that capacity; 
(C) leveraging existing capacity within 
local or regional research organizations, such as 
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organizations based at institutions of higher edu-
cation, to support development of integrated 
micro-grid systems, including by testing novel 
components and systems prior to field deploy-
ment; 
(D) the need for basic infrastructure to de-
velop, deploy, and sustain a integrated micro- 
grid system; 
(E) input of traditional knowledge from 
local leaders of isolated communities in the de-
velopment of a integrated micro-grid system; 
(F) the impact of integrated micro-grid sys-
tems on defense, homeland security, economic de-
velopment, and environmental interests; 
(G) opportunities to leverage existing inter-
agency coordination efforts and recommenda-
tions for new interagency coordination efforts to 
minimize unnecessary overhead, mobilization, 
and other project costs; and 
(H) any other criteria the Secretary deter-
mines appropriate. 
(c) COLLABORATION.—The program established under 
subsection (b)(1) shall be carried out in collaboration with 
relevant stakeholders, including, as appropriate— 
(1) States; 
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(2) Indian Tribes; 
(3) regional entities and regulators; 
(4) units of local government; 
(5) institutions of higher education; and 
(6) private sector entities. 
(d) REPORT.—Not later than 180 days after the date 
of enactment of this Act, and annually thereafter until cal-
endar year 2029, the Secretary shall submit to the Com-
mittee on Energy and Natural Resources of the Senate and 
the Committee on Energy and Commerce of the House of 
Representatives a report on the efforts to implement the pro-
gram established under subsection (b)(1) and the status of 
the strategy developed under subsection (b)(2)(B). 
(e) BARRIERS AND BENEFITS TO MICRO-GRID SYS-
TEMS.— 
(1) REPORT.—Not later than 270 days after the 
date of enactment of this Act, the Secretary shall sub-
mit to the Committee on Energy and Natural Re-
sources of the Senate and the Committee on Energy 
and Commerce of the House of Representatives a re-
port on the benefits of, and barriers to, implementing 
resilient micro-grid systems that are— 
(A)(i) owned or operated by an isolated 
community, rural electric cooperative, or munic-
ipal government; or 
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(ii) operated on behalf of a municipal gov-
ernment or rural electric cooperative; and 
(B) designed to maximize the use of— 
(i) energy-generation facilities owned 
or operated by isolated communities; or 
(ii) a municipal or rural electric coop-
erative energy-generation facility. 
(2) GRANTS TO OVERCOME BARRIERS.—The Sec-
retary shall award grants of not more than $500,000 
to not fewer than 20 municipal governments, rural 
electric cooperatives, or isolated communities, up to a 
total of $15,000,000, each year to assist those munic-
ipal governments, rural electric cooperatives, and iso-
lated communities in overcoming the barriers identi-
fied in the report under paragraph (1). 
SEC. 8012. TECHNICAL AMENDMENTS; AUTHORIZATION OF 
APPROPRIATIONS. 
(a) TECHNICAL AMENDMENTS.— 
(1) ENERGY INDEPENDENCE AND SECURITY ACT 
OF 2007.—Section 1(b) of the Energy Independence 
and Security Act of 2007 is amended in the table of 
contents— 
(A) by inserting the following after the item 
related to section 136: 
‘‘Sec. 137. Research and development into integrating electric vehicles onto the 
electric grid.’’; 
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(B) by inserting the following after the item 
related to section 1304: 
‘‘Sec. 1304A. Smart grid modeling, visualization, architecture, and controls.’’; 
and 
(C) by inserting the following after the item 
related to section 1309: 
‘‘Sec. 1310. Integrated energy systems. 
‘‘Sec. 1311. Advisory committee.’’. 
(2) ENERGY POLICY ACT OF 2005.—Section 1(b) 
of the Energy Policy Act of 2005 is amended in the 
table of contents by inserting the following after the 
item related to section 935: 
‘‘Sec. 936. Research and development into integrating renewable energy onto the 
electric grid.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated— 
(1) to carry out section 8006 and the amend-
ments made by sections 8001, 8002, and 8005 of this 
title— 
(A) $175,000,000 for fiscal year 2021; 
(B) $180,000,000 for fiscal year 2022; 
(C) $185,000,000 for fiscal year 2023; 
(D) $190,000,000 for fiscal year 2024; and 
(E) $199,500,000 for fiscal year 2025; 
(2) to carry out sections 8007, 8008, 8009, 8010, 
and 8011 of this title $175,000,000 for each of fiscal 
years 2021 through 2025; 
(3) to carry out section 8003 of this title— 
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(A) $21,000,000 for fiscal year 2021; 
(B) $22,050,000 for fiscal year 2022; 
(C) $23,153,000 for fiscal year 2023; 
(D) $24,310,000 for fiscal year 2024; and 
(E) $25,525,000 for fiscal year 2025; and 
(4) to carry out section 8004 of this title— 
(A) $52,500,000 for fiscal year 2021; 
(B) $55,152,000 for fiscal year 2022; 
(C) $57,882,000 for fiscal year 2023; 
(D) $60,775,000 for fiscal year 2024; and 
(E) $63,814,000 for fiscal year 2025. 
SEC. 8013. INDIAN ENERGY. 
(a) DEFINITION OF INDIAN LAND.—Section 2601(2) of 
the Energy Policy Act of 1992 (25 U.S.C. 3501(2)) is 
amended— 
(1) in subparagraph (B)(iii), by striking ‘‘and’’; 
(2) in subparagraph (C), by striking ‘‘land.’’ 
and inserting ‘‘land;’’; and 
(3) by adding at the end the following subpara-
graphs: 
‘‘(D) any land located in a census tract in 
which the majority of residents are Natives (as 
defined in section 3(b) of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1602(b))); and 
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‘‘(E) any land located in a census tract in 
which the majority of residents are persons who 
are enrolled members of a federally recognized 
Tribe or village.’’. 
(b) REDUCTION OF COST SHARE.—Section 2602(b)(5) 
of the Energy Policy Act of 1992 (25 U.S.C. 3502(b)(5)) 
is amended by adding at the end the following subpara-
graphs: 
‘‘(D) The Secretary of Energy may reduce any 
applicable cost share required of an Indian tribe, 
intertribal organization, or tribal energy development 
organization in order to receive a grant under this 
subsection to not less than 10 percent if the Indian 
tribe, intertribal organization, or tribal energy devel-
opment organization meets criteria developed by the 
Secretary of Energy, including financial need. 
‘‘(E) Section 988 of the Energy Policy Act of 
2005 (42 U.S.C. 16352) shall not apply to assistance 
provided under this subsection.’’. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—Section 
2602(b)(7) of the Energy Policy Act of 1992 (25 U.S.C. 
3502(b)(7)) is amended by striking ‘‘ $20,000,000 for each 
of fiscal years 2006 through 2016’’ and inserting ‘‘ 
$30,000,000 for each of fiscal years 2021 through 2025’’. 
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SEC. 8014. REPORT ON ELECTRICITY ACCESS AND RELI-
ABILITY. 
(a) ASSESSMENT.—The Secretary of Energy shall con-
duct an assessment of the status of access to electricity by 
households residing in Tribal communities or on Indian 
land, and the reliability of electric service available to 
households residing in Tribal communities or on Indian 
land, as compared to the status of access to and reliability 
of electricity within neighboring States or within the State 
in which Indian land is located. 
(b) CONSULTATION.—The Secretary of Energy shall 
consult with Indian Tribes, Tribal organizations, the North 
American Electricity Reliability Corporation, and the Fed-
eral Energy Regulatory Commission in the development 
and conduct of the assessment under subsection (a). Indian 
Tribes and Tribal organizations shall have the opportunity 
to review and make recommendations regarding the devel-
opment of the assessment and the findings of the assessment, 
prior to the submission of the report under subsection (c). 
(c) REPORT.—Not later than 18 months after the date 
of enactment of this Act, the Secretary of Energy shall sub-
mit 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 the results of 
the assessment conducted under subsection (a), which shall 
include— 
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(1) a description of generation, transmission, 
and distribution assets available to provide electricity 
to households residing in Tribal communities or on 
Indian land; 
(2) a survey of the retail and wholesale prices of 
electricity available to households residing in Tribal 
communities or on Indian land; 
(3) a description of participation of Tribal mem-
bers in the electric utility workforce, including the 
workforce for construction and maintenance of renew-
able energy resources and distributed energy re-
sources; 
(4) the percentage of households residing in Trib-
al communities or on Indian land that do not have 
access to electricity; 
(5) the potential of distributed energy resources 
to provide electricity to households residing in Tribal 
communities or on Indian land; 
(6) the potential for tribally-owned electric utili-
ties or electric utility assets to participate in or ben-
efit from regional electricity markets; 
(7) a description of the barriers to providing ac-
cess to electric service to households residing in Tribal 
communities or on Indian land; and 
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(8) recommendations to improve access to and 
reliability of electric service for households residing in 
Tribal communities or on Indian land. 
(d) DEFINITIONS.—In this section: 
(1) TRIBAL MEMBER.—The term ‘‘Tribal mem-
ber’’ means a person who is an enrolled member of a 
federally recognized Tribe or village. 
(2) TRIBAL COMMUNITY.—The term ‘‘Tribal com-
munity’’ means a community in a United States cen-
sus tract in which the majority of residents are per-
sons who are enrolled members of a federally recog-
nized Tribe or village. 
SEC. 8015. NET METERING STUDY AND EVALUATION. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Energy shall 
seek to enter into an agreement with the National Acad-
emies of Sciences, Engineering, and Medicine (referred to 
in this section as the ‘‘National Academies’’) under which 
the National Academies shall— 
(1) study the opportunities and challenges associ-
ated with net metering; and 
(2) evaluate the expected medium- and long-term 
impacts of net metering. 
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(b) ELEMENTS.—The study and evaluation conducted 
pursuant to the agreement entered into under subsection (a) 
shall address— 
(1) developments in net metering, including the 
emergence of new technologies; 
(2) alternatives to existing metering systems 
that— 
(A) provide for transactions that— 
(i) measure electric energy consump-
tion by an electric consumer at the home or 
facility of that electric consumer; and 
(ii) are capable of sending electric en-
ergy usage information through a commu-
nications network to an electric utility; 
(B) promote equitable distribution of re-
sources and costs; and 
(C) provide incentives for the use of distrib-
uted renewable generation; 
(3) net metering planning and operating tech-
niques; 
(4) effective architecture for net metering; 
(5) successful net metering business models; 
(6) consumer and industry incentives for net me-
tering; 
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(7) the role of renewable resources in the electric 
grid; 
(8) the role of net metering in developing future 
models for renewable infrastructure; and 
(9) the use of battery storage with net metering. 
(c) REPORT.— 
(1) IN GENERAL.—The agreement entered into 
under subsection (a) shall require the National Acad-
emies to submit to the Secretary of Energy, not later 
than 2 years after entering into the agreement, a re-
port that describes the results of the study and evalua-
tion conducted pursuant to the agreement. 
(2) PUBLIC AVAILABILITY.—The report submitted 
under paragraph (1) shall be made available to the 
public through electronic means, including the inter-
net. 
TITLE IX—DEPARTMENT OF 
ENERGY INNOVATION 
SEC. 9001. OFFICE OF TECHNOLOGY TRANSITIONS. 
Section 1001 of the Energy Policy Act of 2005 (42 
U.S.C. 16391) is amended— 
(1) by striking subsection (a) and all that follows 
through ‘‘The Coordinator’’ in subsection (b) and in-
serting the following: 
‘‘(a) OFFICE OF TECHNOLOGY TRANSITIONS.— 
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‘‘(1) 
ESTABLISHMENT.—There 
is 
established 
within the Department an Office of Technology Tran-
sitions (referred to in this section as the ‘Office’). 
‘‘(2) MISSION.—The mission of the Office shall 
be— 
‘‘(A) to expand the commercial impact of 
the research investments of the Department; and 
‘‘(B) to focus on commercializing tech-
nologies that support the missions of the Depart-
ment, including reducing greenhouse gas emis-
sions and other pollutants. 
‘‘(3) GOALS.— 
‘‘(A) IN
GENERAL.—In carrying out the 
mission and activities of the Office, the Chief 
Commercialization 
Officer 
appointed 
under 
paragraph (4) shall, with respect to commer-
cialization activities, meet all of the goals de-
scribed in subparagraph (B). 
‘‘(B) GOALS
DESCRIBED.—The goals re-
ferred to in subparagraph (A) are the following: 
‘‘(i) Reduction of greenhouse gas emis-
sions and other pollutants. 
‘‘(ii) Ensuring economic competitive-
ness. 
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‘‘(iii) Enhancement of domestic energy 
security and national security. 
‘‘(iv) Enhancement of domestic jobs. 
‘‘(v) Improvement of energy efficiency. 
‘‘(vi) Any other goals to support the 
transfer of technology developed by Depart-
ment-funded programs to the private sector, 
as consistent with missions of the Depart-
ment. 
‘‘(4) CHIEF COMMERCIALIZATION OFFICER.— 
‘‘(A) IN
GENERAL.—The Office shall be 
headed by an officer, who shall be known as the 
‘Chief Commercialization Officer’, and who shall 
report directly to, and be appointed by, the Sec-
retary. 
‘‘(B) PRINCIPAL ADVISOR.—The Chief Com-
mercialization Officer shall be the principal ad-
visor to the Secretary on all matters relating to 
technology transfer and commercialization. 
‘‘(C) QUALIFICATIONS.—The Chief Commer-
cialization Officer’’; 
(2) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘sub-
section (d)’’ and inserting ‘‘subsection (b)’’; 
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(B) 
by 
redesignating 
paragraphs 
(1) 
through (4) as clauses (i) through (iv), respec-
tively, and indenting appropriately; and 
(C) by striking the subsection designation 
and heading and all that follows through ‘‘The 
Coordinator’’ in the matter preceding clause (i) 
(as so redesignated) and inserting the following: 
‘‘(D) DUTIES.—The Chief Commercializa-
tion Officer’’; 
(3) by adding at the end of subsection (a) (as 
amended by paragraph (2)(C)) the following: 
‘‘(5) COORDINATION.—In carrying out the mis-
sion and activities of the Office, the Chief Commer-
cialization Officer shall coordinate with the senior 
leadership of the Department, other relevant program 
offices of the Department, National Laboratories, the 
Technology Transfer Working Group established 
under subsection (b), the Technology Transfer Policy 
Board, and other stakeholders (including private in-
dustry).’’; 
(4) by redesignating subsections (d) through (h) 
as subsections (b) through (f), respectively; 
(5) in subsection (f) (as so redesignated), by 
striking ‘‘subsection (e)’’ and inserting ‘‘subsection 
(c)’’; and 
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(6) by adding at the end the following: 
‘‘(g) ADDITIONAL
TECHNOLOGY
TRANSFER
PRO-
GRAMS.—The Secretary may develop additional programs 
to— 
‘‘(1) support regional energy innovation systems; 
‘‘(2) support clean energy incubators; 
‘‘(3) provide small business vouchers; 
‘‘(4) provide financial and technical assistance 
for entrepreneurial fellowships at national labora-
tories; 
‘‘(5) encourage students, energy researchers, and 
national laboratory employees to develop entrepre-
neurial skillsets and engage in entrepreneurial oppor-
tunities; 
‘‘(6) support private companies and individuals 
in partnering with National Laboratories; and 
‘‘(7) further support the mission and goals of the 
Office.’’. 
SEC. 9002. LAB PARTNERING SERVICE PILOT PROGRAM. 
(a) PILOT PROGRAM.— 
(1) IN GENERAL.—The Secretary of Energy (in 
this section referred to as the ‘‘Secretary’’), acting 
through the Chief Commercialization Officer estab-
lished in section 1001(a) of the Energy Policy Act of 
2005 (42 U.S.C. 16391(a)), shall establish a Lab 
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Partnering Service Pilot Program (hereinafter in this 
section referred to as the ‘‘pilot program’’). 
(2) PURPOSES.—The purposes of the pilot pro-
gram are to provide services that encourage and sup-
port partnerships between the National Laboratories 
and public and private sector entities, and to improve 
communication of research, development, demonstra-
tion, and commercial application projects and oppor-
tunities at the National Laboratories to potential 
partners through the development of a website and the 
provision of services, in collaboration with relevant 
external entities, and to identify and develop metrics 
regarding the effectiveness of such partnerships. 
(3) ACTIVITIES.—In carrying out this pilot pro-
gram, the Secretary shall— 
(A) conduct outreach to and engage with 
relevant public and private entities; 
(B) identify and disseminate best practices 
for strengthening connections between the Na-
tional Laboratories and public and private sec-
tor entities; and 
(C) develop a website to disseminate infor-
mation on— 
(i) different partnering mechanisms for 
working with the National Laboratories; 
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(ii) National Laboratory experts and 
research areas; and 
(iii) National Laboratory facilities and 
user facilities. 
(b) METRICS.—The Secretary shall support the devel-
opment of metrics, including conversion metrics, to deter-
mine the effectiveness of the pilot program in achieving the 
purposes in subsection (a) and the number and types of 
partnerships established between public and private sector 
entities and the National Laboratories compared to baseline 
data. 
(c) COORDINATION.—In carrying out the activities au-
thorized in this section, the Secretary shall coordinate with 
the Directors of (and dedicated technology transfer staff at) 
the National Laboratories, in particular for matchmaking 
services for individual projects, which should be led by the 
National Laboratories. 
(d) FUNDING EMPLOYEE PARTNERING ACTIVITIES.— 
The Secretary shall delegate to the Directors of each Na-
tional Laboratory and single-purpose research facility of 
the Department the authority to compensate National Lab-
oratory employees providing services under this section. 
(e) DURATION.—Subject to the availability of appro-
priations, the pilot program established in this section shall 
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operate for not less than 3 years and may be built off an 
existing program. 
(f) EVALUATION.—Not later than 6 months after the 
completion of this pilot program, the Secretary shall sup-
port the evaluation of the success of the pilot program in 
achieving the purposes in subsection (a) and shall submit 
the evaluation to the Committee on Science, Space, and 
Technology of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate. The 
assessment shall include analyses of the performance of the 
pilot program based on the metrics developed under sub-
section (b). 
(g) DEFINITION.—In this section, the term ‘‘National 
Laboratory’’ has the meaning given such term in section 
2(3) of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)). 
SEC. 9003. TECHNOLOGY COMMERCIALIZATION FUND. 
Section 1001(e) of the Energy Policy Act of 2005 (42 
U.S.C. 16391(e)) is amended to read as follows: 
‘‘(e) TECHNOLOGY COMMERCIALIZATION FUND.— 
‘‘(1) ESTABLISHMENT.—The Secretary, acting 
through the Chief Commercialization Officer estab-
lished in section 1001(a) of the Energy Policy Act of 
2005 (42 U.S.C. 16391(a)), shall establish a Tech-
nology Commercialization Fund (hereafter referred to 
as the ‘Fund’), using nine-tenths of one percent of the 
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amount of appropriations made available to the De-
partment for applied energy research, development, 
demonstration, and commercial application for each 
fiscal year, to be used to provide, in accordance with 
the cost-sharing requirements under section 988, 
funds to private partners, including national labora-
tories, to promote promising energy technologies for 
commercial purposes. 
‘‘(2) APPLICATIONS.— 
‘‘(A) 
CONSIDERATIONS.—The 
Secretary 
shall develop criteria for evaluating applications 
for funding under this section, which may in-
clude— 
‘‘(i) the potential that a proposed tech-
nology will result in a commercially suc-
cessful product within a reasonable time-
frame; and 
‘‘(ii) the relative maturity of a pro-
posed technology for commercial applica-
tion. 
‘‘(B) SELECTIONS.—In awarding funds 
under this section, the Secretary may give spe-
cial consideration to applications that involve at 
least one applicant that has participated in an 
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entrepreneurial or commercialization training 
program, such as Energy Innovation Corps. 
‘‘(f) ANNUAL REPORT.—The Secretary shall include in 
the annual report required under section 9007(a) of the En-
ergy Act of 2020— 
‘‘(1) description of the projects carried out with 
awards from the Fund for that fiscal year; 
‘‘(2) each project’s cost-share for that fiscal year; 
and 
‘‘(3) each project’s partners for that fiscal year. 
‘‘(g) TECHNOLOGY COMMERCIALIZATION FUND RE-
PORT.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the Energy Act of 2020, the 
Secretary shall submit to the Committee on Science, 
Space, and Technology and Committee on Appropria-
tions of the House of Representatives and the Com-
mittee on Energy and Natural Resources and Com-
mittee on Appropriations of the Senate a report on 
the current and recommended implementation of the 
Fund. 
‘‘(2) CONTENTS.—The report under subpara-
graph (A) shall include— 
‘‘(A) a summary, with supporting data, of 
how much Department program offices con-
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tribute to and use the Fund each year, including 
a list of current funding restrictions; 
‘‘(B) recommendations on how to improve 
implementation and administration of the Fund; 
and 
‘‘(C) an analysis on how to spend funds op-
timally on technology areas that have the great-
est need and opportunity for commercial appli-
cation, rather than spending funds at the pro-
grammatic level or under current funding re-
strictions.’’. 
SEC. 9004. STREAMLINING PRIZE COMPETITIONS. 
Section 1008 of the Energy Policy Act of 2005 (42 
U.S.C. 16396) is amended by inserting after subsection (d) 
the following (and redesignating subsections (f) and (g) as 
subsections (g) and (h), respectively): 
‘‘(e) COORDINATION.—In carrying out subsection (a), 
and for any prize competitions under section 105 of the 
America Creating Opportunities to Meaningfully Promote 
Excellence in Technology, Education, and Science Reau-
thorization Act of 2010, the Secretary shall— 
‘‘(1) issue Department-wide guidance on the de-
sign, development, and implementation of prize com-
petitions; 
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‘‘(2) collect and disseminate best practices on the 
design and administration of prize competitions; 
‘‘(3) streamline contracting mechanisms for the 
implementation of prize competitions; and 
‘‘(4) provide training and prize competition de-
sign support, as necessary, to Department staff to de-
velop prize competitions and challenges.’’. 
SEC. 9005. MILESTONE-BASED DEMONSTRATION PROJECTS. 
(a) IN GENERAL.—Acting under section 646(g) of the 
Department of Energy Organization Act (42 U.S.C. 
7256(g)), notwithstanding paragraph (10) of such section, 
the Secretary of Energy (in this section referred to as the 
‘‘Secretary’’) may carry out demonstration projects as a 
milestone-based demonstration project that requires par-
ticular technical and financial milestones to be met before 
a participant is awarded grants by the Department through 
a competitive award process. 
(b) REQUIREMENTS.—In carrying out milestone-based 
demonstration projects under the authority in paragraph 
(1), the Secretary shall, for each relevant project— 
(1) request proposals from eligible entities, as de-
termined by the Secretary, including— 
(A) a business plan, that may include a 
plan for scalable manufacturing and a plan for 
addressing supply chain gaps; 
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(B) a plan for raising private sector invest-
ment; and 
(C) proposed technical and financial mile-
stones, including estimated project timelines and 
total costs; and 
(2) award funding of a predetermined amount to 
projects that successfully meet proposed milestones 
under paragraph (1)(C) or for expenses deemed reim-
bursable by the Secretary, in accordance with terms 
negotiated for an individual award; 
(3) require cost sharing in accordance with sec-
tion 988 of the Energy Policy Act of 2005; and 
(4) communicate regularly with selected eligible 
entities and, if the Secretary deems appropriate, exer-
cise small amounts of flexibility for technical and fi-
nancial milestones as projects mature. 
(c) AWARDS.—For the program established under sub-
section (a)— 
(1) an award recipient shall be responsible for 
all costs until milestones are achieved, or reimburs-
able expenses are reviewed and verified by the Depart-
ment; and 
(2) should an awardee not meet the milestones 
described in subsection (a), the Secretary or their des-
ignee may end the partnership with an award recipi-
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ent and use the remaining funds in the ended agree-
ment for new or existing projects carried out under 
this section. 
(d) PROJECT MANAGEMENT.—In carrying out projects 
under this program and assessing the completion of their 
milestones in accordance with subsection (b), the Secretary 
shall consult with experts that represent diverse perspectives 
and professional experiences, including those from the pri-
vate sector, to ensure a complete and thorough review. 
(e) REPORT.—In accordance with section 9007(a), the 
Secretary shall report annually on any demonstration 
projects carried out using the authorities under this section. 
SEC. 9006. OTHER TRANSACTION AUTHORITY EXTENSION. 
(a) Subsection 646(g)(10) of the Department of Energy 
Organization Act (42 U.S.C. 7256(g)(10)) is amended by 
striking ‘‘September 30, 2020’’ and inserting ‘‘September 
30, 2030’’. 
(b) The provisions of section 602 of the Public Works 
and Economic Development Act of 1965 (42 U.S.C. 3212) 
shall apply with respect to construction, alteration, or re-
pair work of demonstration projects funded by grants or 
contracts authorized under sections 3001, 3003, 3004, 5001, 
and 8007 and the amendments made by such sections. 
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SEC. 9007. TECHNOLOGY TRANSFER REPORTS AND EVALUA-
TION. 
(a) ANNUAL REPORT.—As part of the updated tech-
nology transfer execution plan required each year under sec-
tion 1001(h)(2) of the Energy Policy Act of 2005 (42 U.S.C. 
16391(g)(2)), the Secretary of Energy (in this section re-
ferred to as the ‘‘Secretary’’) shall submit to the Committee 
on Science, Space, and Technology of the House of Rep-
resentatives and the Committee on Energy and Natural Re-
sources of the Senate a report on the progress and imple-
mentation of programs established under sections 9001, 
9002, 9003, 9004, and 9005 of this Act. 
(b) EVALUATION.—Not later than 3 years after the en-
actment of this Act and every 3 years thereafter the Sec-
retary shall submit to the Committee on Science, Space, and 
Technology of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate an 
evaluation on the extent to which programs established 
under sections 9001, 9002, 9003, 9004, and 9005 of this 
Act are achieving success based on relevant short-term and 
long-term metrics. 
(c) REPORT ON TECHNOLOGY TRANSFER GAPS.—Not 
later than 3 years after the enactment of this Act, the Sec-
retary shall enter into an agreement with the National 
Academies of Science, Engineering, and Medicine to submit 
to the Committee on Science, Space, and Technology of the 
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House of Representatives and the Committee on Energy and 
Natural Resources of the Senate a report on programmatic 
gaps that exist to advance the commercial application of 
technologies developed at the National Laboratories (as de-
fined in section 2(3) of the Energy Policy Act of 2005 (42 
U.S.C. 15801(3))). 
SEC. 9008. VETERANS’ HEALTH INITIATIVE. 
(a) PURPOSES.—The purposes of this section are to ad-
vance Department of Energy expertise in artificial intel-
ligence and high-performance computing in order to im-
prove health outcomes for veteran populations by— 
(1) supporting basic research through the appli-
cation of artificial intelligence, high-performance 
computing, modeling and simulation, machine learn-
ing, and large-scale data analytics to identify and 
solve outcome-defined challenges in the health sciences; 
(2) maximizing the impact of the Department of 
Veterans Affairs’ health and genomics data housed at 
the National Laboratories, as well as data from other 
sources, on science, innovation, and health care out-
comes through the use and advancement of artificial 
intelligence and high-performance computing capa-
bilities of the Department; 
(3) promoting collaborative research through the 
establishment of partnerships to improve data sharing 
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between Federal agencies, National Laboratories, in-
stitutions of higher education, and nonprofit institu-
tions; 
(4) establishing multiple scientific computing 
user facilities to house and provision available data 
to foster transformational outcomes; and 
(5) driving the development of technology to im-
prove artificial intelligence, high-performance com-
puting, and networking relevant to mission applica-
tions of the Department, including modeling, simula-
tion, machine learning, and advanced data analytics. 
(b) VETERANS HEALTH RESEARCH AND DEVELOP-
MENT.— 
(1) IN GENERAL.—The Secretary of Energy (in 
this section referred to as the ‘‘Secretary’’) shall estab-
lish and carry out a research program in artificial 
intelligence and high-performance computing, focused 
on the development of tools to solve large-scale data 
analytics and management challenges associated with 
veteran’s healthcare, and to support the efforts of the 
Department of Veterans Affairs to identify potential 
health risks and challenges utilizing data on long- 
term healthcare, health risks, and genomic data col-
lected from veteran populations. The Secretary shall 
carry out this program through a competitive, merit- 
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reviewed process, and consider applications from Na-
tional Laboratories, institutions of higher education, 
multi-institutional collaborations, and other appro-
priate entities. 
(2) PROGRAM
COMPONENTS.—In carrying out 
the program established under paragraph (1), the Sec-
retary may— 
(A) conduct basic research in modeling and 
simulation, machine learning, large-scale data 
analytics, and predictive analysis in order to de-
velop novel or optimized algorithms for pre-
diction of disease treatment and recovery; 
(B) develop methods to accommodate large 
data sets with variable quality and scale, and to 
provide insight and models for complex systems; 
(C) develop new approaches and maximize 
the use of algorithms developed through artificial 
intelligence, machine learning, data analytics, 
natural language processing, modeling and sim-
ulation, and develop new algorithms suitable for 
high-performance computing systems and large 
biomedical data sets; 
(D) advance existing and construct new 
data enclaves capable of securely storing data 
sets provided by the Department of Veterans Af-
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fairs, Department of Defense, and other sources; 
and 
(E) promote collaboration and data sharing 
between National Laboratories, research entities, 
and user facilities of the Department by pro-
viding the necessary access and secure data 
transfer capabilities. 
(3) COORDINATION.—In carrying out the pro-
gram established under paragraph (1), the Secretary 
is authorized— 
(A) to enter into memoranda of under-
standing in order to carry out reimbursable 
agreements with the Department of Veterans Af-
fairs and other entities in order to maximize the 
effectiveness of Department research and develop-
ment to improve veterans’ healthcare; 
(B) to consult with the Department of Vet-
erans Affairs and other Federal agencies as ap-
propriate; and 
(C) to ensure that data storage meets all 
privacy and security requirements established by 
the Department of Veterans Affairs, and that ac-
cess to data is provided in accordance with rel-
evant Department of Veterans Affairs data access 
policies, including informed consent. 
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(4) REPORT.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall sub-
mit to the Committee on Energy and Natural Re-
sources and the Committee on Veterans’ Affairs of the 
Senate, and the Committee on Science, Space, and 
Technology and the Committee on Veterans’ Affairs of 
the House of Representatives, a report detailing the 
effectiveness of— 
(A) the interagency coordination between 
each Federal agency involved in the research pro-
gram carried out under this subsection; 
(B) collaborative research achievements of 
the program; and 
(C) potential opportunities to expand the 
technical capabilities of the Department. 
(5) FUNDING.—There is authorized to be appro-
priated to the Secretary of Veterans Affairs to carry 
out this subsection $27,000,000 for fiscal year 2021. 
(c) INTERAGENCY COLLABORATION.— 
(1) IN GENERAL.—The Secretary is authorized to 
carry out research, development, and demonstration 
activities to develop tools to apply to big data that 
enable Federal agencies, institutions of higher edu-
cation, nonprofit research organizations, and indus-
try to better leverage the capabilities of the Depart-
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ment to solve complex, big data challenges. The Sec-
retary shall carry out these activities through a com-
petitive, merit-reviewed process, and consider applica-
tions from National Laboratories, institutions of 
higher education, multi-institutional collaborations, 
and other appropriate entities. 
(2) ACTIVITIES.—In carrying out the research, 
development, and demonstration activities authorized 
under paragraph (1), the Secretary may— 
(A) utilize all available mechanisms to pre-
vent duplication and coordinate research efforts 
across the Department; 
(B) establish multiple user facilities to serve 
as data enclaves capable of securely storing data 
sets created by Federal agencies, institutions of 
higher education, nonprofit organizations, or in-
dustry at National Laboratories; and 
(C) promote collaboration and data sharing 
between National Laboratories, research entities, 
and user facilities of the Department by pro-
viding the necessary access and secure data 
transfer capabilities. 
(3) REPORT.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall sub-
mit to the Committee on Energy and Natural Re-
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3576 
sources of the Senate and the Committee on Science, 
Space, and Technology of the House of Representa-
tives a report evaluating the effectiveness of the activi-
ties authorized under paragraph (1). 
(4) FUNDING.—There are authorized to be ap-
propriated to the Secretary to carry out this sub-
section $15,000,000 for each of fiscal years 2021 
through 2025. 
(d) DEFINITION.—In this section, the term ‘‘National 
Laboratory’’ has the meaning given such term in section 
2(3) of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)). 
SEC. 9009. SUSTAINABLE TRANSPORTATION RESEARCH 
AND DEVELOPMENT. 
There are authorized to be appropriated to carry out 
research, development, demonstration, and commercial ap-
plication activities within the Department of Energy’s Of-
fices of Hydrogen and Fuel Cell Technologies, Vehicle Tech-
nologies, and Bioenergy Technologies— 
(1) $830,000,000 for fiscal year 2021; 
(2) $855,000,000 for fiscal year 2022; and 
(3) $880,000,000 for fiscal year 2023. 
SEC. 9010. LOAN PROGRAM OFFICE TITLE XVII REFORM. 
(a) TERMS AND CONDITIONS.—Section 1702 of the En-
ergy Policy Act of 2005 (42 U.S.C. 16512) is amended— 
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(1) by amending subsection (b) to read as fol-
lows: 
‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBUTION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the cost of a guarantee shall be paid by the 
Secretary using an appropriation made for the cost 
of the guarantee, subject to the availability of such an 
appropriation. 
‘‘(2) INSUFFICIENT
APPROPRIATIONS.—If suffi-
cient appropriated funds to pay the cost of a guar-
antee are not available, then the guarantee shall not 
be made unless— 
‘‘(A) the Secretary has received from the 
borrower a payment in full for the cost of the 
guarantee and deposited the payment into the 
Treasury; or 
‘‘(B) a combination of one or more appro-
priations and one or more payments from the 
borrower under this subsection has been made 
that is sufficient to cover the cost of the guar-
antee.’’; 
(2) in subsection (d)(3), by striking ‘‘is not sub-
ordinate’’ and inserting ‘‘, including any reorganiza-
tion, restructuring, or termination thereof, shall not 
at any time be subordinate’’; 
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(3) in subsection (h)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) IN GENERAL.—The Secretary shall charge, 
and collect on or after the date of the financial close 
of an obligation, a fee for a guarantee in an amount 
that the Secretary determines is sufficient to cover ap-
plicable administrative expenses (including any costs 
associated with third-party consultants engaged by 
the Secretary).’’; and 
(B) by adding at the following: 
‘‘(3) REDUCTION
IN
FEE
AMOUNT.—Notwith-
standing paragraph (1) and subject to the avail-
ability of appropriations, the Secretary may reduce 
the amount of a fee for a guarantee under this sub-
section.’’; and 
(4) by adding at the end the following: 
‘‘(l) RESTRUCTURING OF LOAN GUARANTEES.—The 
Secretary shall consult with the Secretary of the Treasury 
regarding any restructuring of the terms or conditions of 
a guarantee issued pursuant to this title, including with 
respect to any deviations from the financial terms of the 
guarantee. 
‘‘(m) WRITTEN ANALYSIS.— 
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‘‘(1) REQUIREMENT.—The Secretary may not 
make a guarantee under this title until the Secretary 
of the Treasury has transmitted to the Secretary, and 
the Secretary has taken into consideration, a written 
analysis of the financial terms and conditions of the 
proposed guarantee. 
‘‘(2) TRANSMISSION.—Not later than 30 days 
after receiving information on a proposed guarantee 
from the Secretary, the Secretary of the Treasury 
shall transmit the written analysis of the financial 
terms and conditions of the proposed guarantee re-
quired under paragraph (1) to the Secretary. 
‘‘(3) EXPLANATION.—If the Secretary makes a 
guarantee the financial terms and conditions of which 
are not consistent with the written analysis required 
under this subsection, not later than 30 days after 
making such guarantee, the Secretary shall submit to 
the Committee on Energy and Commerce and the 
Committee on Science, Space, and Technology of the 
House of Representatives, and the Committee on En-
ergy and Natural Resources of the Senate, a written 
explanation of any material inconsistencies. 
‘‘(n) APPLICATION STATUS.— 
‘‘(1) REQUEST.—If the Secretary does not make 
a final decision on an application for a guarantee 
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under this title by the date that is 180 days after re-
ceipt of the application by the Secretary, the appli-
cant may request, on or after that date and not more 
than once every 60 days thereafter until a final deci-
sion is made, that the Secretary provide to the appli-
cant a response described in paragraph (2). 
‘‘(2) RESPONSE.—Not later than 10 days after 
receiving a request from an applicant under para-
graph (1), the Secretary shall provide to the applicant 
a response that includes— 
‘‘(A) a description of the current status of 
review of the application; 
‘‘(B) a summary of any factors that are de-
laying a final decision on the application, a list 
of what items are required in order to reach a 
final decision, citations to authorities stating the 
reasons why such items are required, and a list 
of actions the applicant can take to expedite the 
process; and 
‘‘(C) an estimate of when a final decision 
on the application will be made. 
‘‘(o) OUTREACH.—In carrying out this title, the Sec-
retary shall— 
‘‘(1) provide assistance with the completion of 
applications for a guarantee under this title; 
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‘‘(2) conduct outreach, including through con-
ferences and online programs, to disseminate infor-
mation to potential applicants; 
‘‘(3) conduct outreach to encourage participation 
of supporting finance institutions and private lenders 
in eligible projects. 
‘‘(p) COORDINATION.—In carrying out this title, the 
Secretary shall coordinate activities under this title with 
activities of other relevant offices with the Department. 
‘‘(q) REPORT.—Not later than 2 years after the date 
of the enactment of this subsection and every 3 years there-
after, the Secretary shall submit to Congress a report on 
the status of applications for, and projects receiving, guar-
antees under this title, including— 
‘‘(1) a list of such projects, including the guar-
antee amount, construction status, and financing 
partners of each such project; 
‘‘(2) the status of each such project’s loan repay-
ment, including interest paid and future repayment 
projections; 
‘‘(3) an estimate of the air pollutant or green-
house gas emissions avoided or reduced from each 
such project; 
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‘‘(4) data regarding the number of direct and in-
direct jobs retained, restored, or created by such 
projects; 
‘‘(5) identification of— 
‘‘(A) technologies deployed by projects that 
have received guarantees that have subsequently 
been deployed commercially without guarantees; 
and 
‘‘(B) novel technologies that have been de-
ployed by such projects and deployed in the com-
mercial energy market; 
‘‘(6) the number of new projects projected to re-
ceive a guarantee under this title during the next 2 
years and the aggregate guarantee amount; 
‘‘(7) the number of outreach engagements con-
ducted with potential applicants; 
‘‘(8) the number of applications received and 
currently pending for each open solicitation; and 
‘‘(9) any other metrics the Secretary finds ap-
propriate.’’. 
(b) PROJECT ELIGIBILITY EXPANSION.—Section 1703 
of the Energy Policy Act of 2005 (42 U.S.C. 16513) is 
amended— 
(1) in subsection (a)— 
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(A) in paragraph (1), by inserting ‘‘, uti-
lize’’ after ‘‘reduce’’; and 
(B) in paragraph (2), by striking ‘‘.’’ and 
inserting ‘‘, including projects that employ ele-
ments of commercial technologies in combination 
with new or significantly improved tech-
nologies.’’; 
(2) in subsection (b)— 
(A) in paragraph (4), by inserting ‘‘, in-
cluding manufacturing of nuclear supply compo-
nents for advanced nuclear reactors’’ after ‘‘fa-
cilities’’; 
(B) by amending paragraph (5) to read as 
follows: 
‘‘(5) Carbon capture, utilization, and sequestra-
tion practices and technologies, including— 
‘‘(A) agricultural and forestry practices 
that store and sequester carbon; and 
‘‘(B) synthetic technologies to remove carbon 
from the air and oceans.’’; and 
(C) by adding at the end the following: 
‘‘(11) Energy storage technologies for residential, 
industrial, transportation, and power generation ap-
plications. 
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‘‘(12) Technologies or processes for reducing 
greenhouse gas emissions from industrial applica-
tions, including iron, steel, cement, and ammonia 
production, hydrogen production, and the generation 
of high-temperature heat.’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(f) REGIONAL
VARIATION.—Notwithstanding sub-
section (a)(2), the Secretary may, if regional variation sig-
nificantly affects the deployment of a technology, make 
guarantees under this title for up to 6 projects that employ 
the same or similar technology as another project, provided 
no more than 2 projects that use the same or a similar tech-
nology are located in the same region of the United States.’’. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—Section 
1704 of the Energy Policy Act of 2005 (42 U.S.C. 16514) 
is amended by adding at the end the following: 
‘‘(c) ADMINISTRATIVE AND OTHER EXPENSES.—There 
are authorized to be appropriated— 
‘‘(1) $32,000,000 for each of fiscal years 2021 
through 2025 to carry out this title; and 
‘‘(2) for fiscal year 2021, in addition to amounts 
authorized under paragraph (1), $25,000,000, to re-
main available until expended, for administrative ex-
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penses described in section 1702(h)(1) that are not 
covered by fees collected pursuant to section 1702(h).’’. 
SEC. 9011. ESTABLISHED PROGRAM TO STIMULATE COM-
PETITIVE RESEARCH. 
Section 2203(b) of the Energy Policy Act of 1992 (42 
U.S.C. 13503(b)) is amended by striking paragraph (3) and 
inserting the following: 
‘‘(3) ESTABLISHED
PROGRAM
TO
STIMULATE 
COMPETITIVE RESEARCH.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) ELIGIBLE ENTITY.—The term ‘eli-
gible entity’ means an institution of higher 
education located in an eligible jurisdiction. 
‘‘(ii) ELIGIBLE
JURISDICTION.—The 
term ‘eligible jurisdiction’ means a State 
that, as determined by the Secretary— 
‘‘(I)(aa) historically has received 
relatively little Federal research and 
development funding; and 
‘‘(bb) has demonstrated a commit-
ment— 
‘‘(AA) to develop the research 
bases in the State; and 
‘‘(BB) to improve science 
and engineering research and edu-
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3586 
cation programs at institutions of 
higher education in the State; and 
‘‘(II) is an eligible jurisdiction 
under the criteria used by the Sec-
retary to make awards under this 
paragraph on the day before the date of 
enactment of the Energy Act of 2020. 
‘‘(iii) EPSCOR.—The term ‘EPSCoR’ 
means the Established Program to Stimu-
late Competitive Research operated under 
subparagraph (B). 
‘‘(iv) 
NATIONAL
LABORATORY.—The 
term ‘National Laboratory’ has the meaning 
given the term in section 2 of the Energy 
Policy Act of 2005 (42 U.S.C. 15801). 
‘‘(v) 
STATE.—The 
term 
‘State’ 
means— 
‘‘(I) a State; 
‘‘(II) the District of Columbia; 
‘‘(III) the Commonwealth of Puer-
to Rico; 
‘‘(IV) Guam; 
‘‘(V) the United States Virgin Is-
lands; 
‘‘(VI) American Samoa; and 
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‘‘(VII) the Commonwealth of the 
Northern Mariana Islands. 
‘‘(B) PROGRAM OPERATION.—The Secretary 
shall operate an Established Program to Stimu-
late Competitive Research. 
‘‘(C) 
OBJECTIVES.—The 
objectives 
of 
EPSCoR shall be— 
‘‘(i) to increase the number of research-
ers at institutions of higher education in el-
igible jurisdictions capable of performing 
nationally competitive science and engineer-
ing research in support of the mission of the 
Department of Energy in the areas of ap-
plied energy research, environmental man-
agement, and basic science; 
‘‘(ii) to enhance the capabilities of in-
stitutions of higher education in eligible ju-
risdictions to develop, plan, and execute re-
search that is competitive in the peer-review 
process; and 
‘‘(iii) to increase the probability of 
long-term growth of competitive funding to 
institutions of higher education in eligible 
jurisdictions. 
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‘‘(D) GRANTS IN AREAS OF APPLIED EN-
ERGY
RESEARCH, 
ENVIRONMENTAL
MANAGE-
MENT, AND BASIC SCIENCE.— 
‘‘(i) 
IN
GENERAL.—EPSCoR 
shall 
make grants to eligible entities to carry out 
and support applied energy research and 
research in all areas of environmental man-
agement and basic science sponsored by the 
Department of Energy, including— 
‘‘(I) energy efficiency, fossil en-
ergy, renewable energy, and other ap-
plied energy research; 
‘‘(II) electricity delivery research; 
‘‘(III) cybersecurity, energy secu-
rity, and emergency response; 
‘‘(IV) environmental management; 
and 
‘‘(V) basic science research. 
‘‘(ii) 
ACTIVITIES.—EPSCOR 
may 
make grants under this subparagraph for 
any activities consistent with the objectives 
described in subparagraph (C) in the areas 
of applied energy research, environmental 
management, and basic science described in 
clause (i), including— 
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‘‘(I) to support research at eligible 
entities that is carried out in partner-
ship with the National Laboratories; 
‘‘(II) to provide for graduate 
traineeships; 
‘‘(III) to support research by 
early career faculty; and 
‘‘(IV) to improve research capa-
bilities at eligible entities through bien-
nial implementation grants. 
‘‘(iii) NO
COST
SHARING.—EPSCoR 
shall not impose any cost-sharing require-
ment with respect to a grant made under 
this subparagraph. 
‘‘(E) OTHER
ACTIVITIES.—EPSCoR may 
carry out such activities as may be necessary to 
meet the objectives described in subparagraph (C) 
in the areas of applied energy research, environ-
mental management, and basic science described 
in subparagraph (D)(i). 
‘‘(F) PROGRAM IMPLEMENTATION.— 
‘‘(i) IN GENERAL.—Not later than 270 
days after the date of enactment of the En-
ergy Act of 2020, the Secretary shall submit 
to the Committees on Energy and Natural 
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Resources and Appropriations of the Senate 
and the Committees on Energy and Com-
merce and Appropriations of the House of 
Representatives a plan describing how the 
Secretary shall implement EPSCoR. 
‘‘(ii) CONTENTS OF PLAN.—The plan 
described in clause (i) shall include a de-
scription of— 
‘‘(I) the management structure of 
EPSCoR, which shall ensure that all 
research areas and activities described 
in this paragraph are incorporated 
into EPSCoR; 
‘‘(II) efforts to conduct outreach to 
inform eligible entities and faculty of 
changes to, and opportunities under, 
EPSCoR; 
‘‘(III) how EPSCoR plans to in-
crease engagement with eligible enti-
ties, faculty, and State committees, in-
cluding by holding regular workshops, 
to increase participation in EPSCoR; 
and 
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3591 
‘‘(IV) any other issues relating to 
EPSCoR that the Secretary determines 
appropriate. 
‘‘(G) PROGRAM EVALUATION.— 
‘‘(i) IN GENERAL.—Not later than 5 
years after the date of enactment of the En-
ergy Act of 2020, the Secretary shall con-
tract with a federally funded research and 
development center, the National Academy 
of Sciences, or a similar organization to 
carry out an assessment of the effectiveness 
of EPSCoR, including an assessment of— 
‘‘(I) the tangible progress made 
towards achieving the objectives de-
scribed in subparagraph (C); 
‘‘(II) the impact of research sup-
ported by EPSCoR on the mission of 
the Department of Energy; and 
‘‘(III) any other issues relating to 
EPSCoR that the Secretary determines 
appropriate. 
‘‘(ii) LIMITATION.—The organization 
with which the Secretary contracts under 
clause (i) shall not be a National Labora-
tory. 
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‘‘(iii) REPORT.—Not later than 6 
years after the date of enactment of the En-
ergy Act of 2020, the Secretary shall submit 
to the Committees on Energy and Natural 
Resources and Appropriations of the Senate 
and the Committees on Energy and Com-
merce and Appropriations of the House of 
Representatives a report describing the re-
sults of the assessment carried out under 
clause (i), including recommendations for 
improvements that would enable the Sec-
retary to achieve the objectives described in 
subparagraph (C).’’. 
TITLE X—ARPA–E AMENDMENTS 
SEC. 10001. ARPA–E AMENDMENTS. 
(a) ESTABLISHMENT.—Section 5012(b) of the America 
COMPETES Act (42 U.S.C. 16538(b)) is amended by strik-
ing ‘‘development of energy technologies’’ and inserting ‘‘de-
velopment of transformative science and technology solu-
tions to address the energy and environmental missions of 
the Department’’. 
(b) GOALS.—Section 5012(c) of the America COM-
PETES Act (42 U.S.C. 16538(c)) is amended— 
(1) by striking paragraph (1)(A) and inserting 
the following: 
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‘‘(A) to enhance the economic and energy se-
curity of the United States through the develop-
ment of energy technologies that— 
‘‘(i) reduce imports of energy from for-
eign sources; 
‘‘(ii) reduce energy-related emissions, 
including greenhouse gases; 
‘‘(iii) improve the energy efficiency of 
all economic sectors; 
‘‘(iv) provide transformative solutions 
to improve the management, clean-up, and 
disposal of radioactive waste and spent nu-
clear fuel; and 
‘‘(v) improve the resilience, reliability, 
and security of infrastructure to produce, 
deliver, and store energy; and’’; and 
(2) in paragraph (2), in the matter preceding 
subparagraph (A), by striking ‘‘energy technology 
projects’’ 
and 
inserting 
‘‘advanced 
technology 
projects’’. 
(c) RESPONSIBILITIES.—Section 5012(e)(3)(A) of the 
America COMPETES Act (42 U.S.C. 16538(e)(3)(A)) is 
amended by striking ‘‘energy’’. 
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(d) REPORTS AND ROADMAPS.—Section 5012(h) of the 
America COMPETES Act (42 U.S.C. 16538(h)) is amended 
to read as follows: 
‘‘(h) REPORTS AND ROADMAPS.— 
‘‘(1) ANNUAL REPORT.—As part of the annual 
budget request submitted for each fiscal year, the Di-
rector shall provide to the relevant authorizing and 
appropriations committees of Congress a report 
that— 
‘‘(A) describes projects supported by ARPA– 
E during the previous fiscal year; 
‘‘(B) describes projects supported by ARPA– 
E during the previous fiscal year that examine 
topics and technologies closely related to other 
activities funded by the Department, and in-
cludes an analysis of whether in supporting such 
projects, the Director is in compliance with sub-
section (i)(1); and 
‘‘(C) 
describes 
current, 
proposed, 
and 
planned projects to be carried out pursuant to 
subsection (e)(3)(D). 
‘‘(2) STRATEGIC
VISION
ROADMAP.—Not later 
than October 1, 2021, and every four years thereafter, 
the Director shall provide to the relevant authorizing 
and appropriations committees of Congress a road-
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map describing the strategic vision that ARPA–E 
will use to guide the choices of ARPA–E for future 
technology investments over the following 4 fiscal 
years.’’. 
(e) COORDINATION
AND NONDUPLICATION.—Section 
5012(i)(1) of the America COMPETES Act (42 U.S.C. 
16538(i)(1)) is amended to read as follows: 
‘‘(1) IN
GENERAL.—To the maximum extent 
practicable, the Director shall ensure that— 
‘‘(A) the activities of ARPA–E are coordi-
nated with, and do not duplicate the efforts of, 
programs and laboratories within the Depart-
ment and other relevant research agencies; and 
‘‘(B) ARPA–E does not provide funding for 
a project unless the prospective grantee dem-
onstrates sufficient attempts to secure private fi-
nancing or indicates that the project is not inde-
pendently commercially viable.’’. 
(f) EVALUATION.—Section 5012(l) of the America 
COMPETES Act (42 U.S.C. 16538(l)) is amended— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) IN GENERAL.—Not later than 3 years after 
the date of enactment of this paragraph, the Secretary 
is authorized to enter into a contract with the Na-
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tional Academy of Sciences under which the National 
Academy shall conduct an evaluation of how well 
ARPA–E is achieving the goals and mission of 
ARPA–E.’’; and 
(2) in paragraph (2)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘shall’’ and inserting ‘‘may’’; 
and 
(B) in subparagraph (A), by striking ‘‘the 
recommendation of the National Academy of 
Sciences’’ and inserting ‘‘a recommendation’’. 
(g) AUTHORIZATION
OF
APPROPRIATIONS.—Para-
graph (2) of section 5012(o) of the America COMPETES 
Act (42 U.S.C. 16538(o)) is amended to read as follows: 
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
Subject to paragraph (4), there are authorized to be 
appropriated to the Director for deposit in the Fund, 
without fiscal year limitation— 
‘‘(A) $435,000,000 for fiscal year 2021; 
‘‘(B) $500,000,000 for fiscal year 2022; 
‘‘(C) $575,000,000 for fiscal year 2023; 
‘‘(D) $662,000,000 for fiscal year 2024; and 
‘‘(E) $761,000,000 for fiscal year 2025.’’. 
(h) TECHNICAL AMENDMENTS.—Section 5012 of the 
America COMPETES Act (42 U.S.C. 16538) is amended— 
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(1) in subsection (g)(3)(A)(iii), by striking ‘‘sub-
part’’ each place it appears and inserting ‘‘subpara-
graph’’; and 
(2) 
in 
subsection 
(o)(4)(B), 
by 
striking 
‘‘(c)(2)(D)’’ and inserting ‘‘(c)(2)(C)’’. 
TITLE XI—OTHER MATTERS 
SEC. 11001. LOW-DOSE RADIATION RESEARCH. 
(a) LOW-DOSE RADIATION RESEARCH PROGRAM.— 
Section 306(c) of the Department of Energy Research 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. 
‘‘(2) PROGRAM COMPONENTS.—In carrying out 
the program required under paragraph (1), the Sec-
retary shall— 
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‘‘(A) support and carry out the directives 
under section 106(b) of the American Innovation 
and Competitiveness Act (42 U.S.C. 6601 note), 
except that such section shall be treated for pur-
poses of this subsection as applying to low dose 
and low-dose rate radiation research, in coordi-
nation 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 existing low-dose and low dose-rate ra-
diation research; 
‘‘(D) engage with other Federal agencies, re-
search communities, and potential users of infor-
mation produced under this section, including 
institutions performing or utilizing radiation re-
search, medical physics, radiology, health phys-
ics, and emergency response measures; and 
‘‘(E) support education and outreach activi-
ties to disseminate information and promote 
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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) Not later than 90 days after the date 
of enactment of the Energy Act of 2020, the Sec-
retary shall enter into an agreement with the 
National Academy of Sciences to develop a long- 
term strategic and prioritized research agenda 
for the program described in paragraph (2); 
‘‘(B) Not later than one year after the date 
of enactment of the Energy Act of 2020, the Sec-
retary shall transmit this research plan devel-
oped in 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. 
‘‘(4) GAO STUDY.—Not later than 3 years after 
the date of enactment of the Energy Act of 2020, the 
Comptroller General shall transmit to the Committee 
on Science, Space, and Technology of the House of 
Representatives and the Committee on Energy and 
Natural Resources of the Senate, a report on: 
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‘‘(A) an evaluation of the program activities 
carried out under this section; 
‘‘(B) the effectiveness of the coordination 
and management of the program; and 
‘‘(C) the implementation of the research 
plan outlined in paragraph (3). 
‘‘(6) 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. 
‘‘(7) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to subject any research 
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)). 
‘‘(8) FUNDING.—For purposes of carrying out 
this subsection, the Secretary is authorized to make 
available from funds provided to the Biological and 
Environmental Research Program— 
‘‘(A) $20,000,000 for fiscal year 2021; 
‘‘(B) $20,000,000 for fiscal year 2022; 
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‘‘(C) $30,000,000 for fiscal year 2023; and 
‘‘(D) $40,000,000 for fiscal year 2024.’’. 
(b) SPACE RADIATION RESEARCH.—Section 306 of the 
Department of Energy Research and Innovation Act (42 
U.S.C. 18644) is amended by adding at the end the fol-
lowing: 
‘‘(d) SPACE RADIATION RESEARCH.—The Secretary of 
Energy, shall continue and strengthen collaboration with 
the Administrator of the National Aeronautics and Space 
Administration on basic research to understand the effects 
and risks of human exposure to ionizing radiation in low 
Earth orbit, and in the space environment.’’. 
SEC. 11002. 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 inserting 
‘‘September 30, 2031’’. 
SEC. 11003. SENSE OF CONGRESS. 
It is the sense of Congress that in order to reduce emis-
sions and meet 100 percent of the power demand in the 
United States through clean, renewable, or zero emission 
energy sources while maintaining United States leadership 
in science and technology, the Secretary of Energy must 
prioritize funding for critical fundamental research infra-
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structure and for basic research and development activities 
carried out through the Office of Science. 
SEC. 11004. ADDRESSING INSUFFICIENT COMPENSATION OF 
EMPLOYEES AND OTHER PERSONNEL OF THE 
FEDERAL 
ENERGY 
REGULATORY 
COMMIS-
SION. 
(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 of the Commission 
publicly certifies that compensation for a category of 
employees or other personnel of the Commission is in-
sufficient to 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 com-
pensation for the category of employees or other per-
sonnel without regard to chapter 51 and subchapter 
III of chapter 53 of title 5, United States Code, or 
any other civil service law. 
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‘‘(2) CERTIFICATION REQUIREMENTS.—A certifi-
cation issued under paragraph (1) shall— 
‘‘(A) apply with respect to a category of em-
ployees or other personnel responsible for con-
ducting work of a scientific, technological, engi-
neering, or mathematical nature; 
‘‘(B) specify a maximum amount of reason-
able compensation for the category of employees 
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 Com-
mission to carry out the functions of the Com-
mission in a timely, efficient, and effective man-
ner; and 
‘‘(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 certification 
issued under paragraph (1), the Chairman shall 
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determine whether the certification should be re-
newed for a subsequent 5-year period. 
‘‘(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 
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 RE-
NEWAL.—On renewal of a certification under 
paragraph (3), the Chairman may fix the com-
pensation of the employees or other personnel de-
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scribed in subparagraph (A) at the level estab-
lished for the category of employees or other per-
sonnel in the certification. 
‘‘(5) RETENTION OF LEVEL OF FIXED COMPENSA-
TION.—A category of employees or other personnel, 
the compensation of which was fixed by the Chairman 
in accordance with paragraph (1), may, at the discre-
tion of the Chairman, have the level of fixed com-
pensation for the category of employees or other per-
sonnel retained, regardless of whether a certification 
described under that paragraph is in effect with re-
spect to the compensation of the category of employees 
or other personnel. 
‘‘(6) CONSULTATION REQUIRED.—The Chairman 
shall consult with the Director of the Office of Per-
sonnel Management in implementing this subsection, 
including in the determination of the amount of com-
pensation with respect to each category 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; 
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‘‘(ii) compensate those experts and con-
sultants 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 per-
sons in Government service employed inter-
mittently. 
‘‘(B) LIMITATIONS.—The Chairman shall— 
‘‘(i) to the maximum extent prac-
ticable, limit the use of experts and consult-
ants 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 
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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 informa-
tion relating to hiring, vacancies, and compensation 
at the Federal Energy Regulatory Commission. 
(2) INCLUSIONS.—Each report under paragraph 
(1) shall include— 
(A) an analysis of any trends with respect 
to hiring, vacancies, and compensation at the 
Federal Energy Regulatory Commission; and 
(B) a description of the efforts to retain and 
attract employees or other personnel responsible 
for conducting work of a scientific, technological, 
engineering, or mathematical nature at the Fed-
eral Energy Regulatory Commission. 
(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. 11005. REPORT ON THE AUTHORITY OF THE SEC-
RETARY OF ENERGY TO IMPLEMENT FLEXI-
BLE COMPENSATION MODELS. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of Energy shall submit to Congress 
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a report examining the full scope of the hiring authority 
made available to the Secretary of Energy by the Office of 
Personnel Management to implement flexible compensation 
models, including pay for performance and pay banding, 
throughout the Department of Energy, including at the Na-
tional Laboratories, for the purposes of hiring, recruiting, 
and retaining employees responsible for conducting work of 
a scientific, technological, engineering, or mathematical na-
ture. 
DIVISION 
AA—WATER 
RE-
SOURCES DEVELOPMENT ACT 
OF 2020 
SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This division may be cited as the 
‘‘Water Resources Development Act of 2020’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
DIVISION AA—WATER RESOURCES DEVELOPMENT ACT OF 2020 
Sec. 1. Short title; table of contents. 
Sec. 2. Secretary defined. 
TITLE I—GENERAL PROVISIONS 
Sec. 101. Budgetary treatment expansion and adjustment for the Harbor Mainte-
nance Trust Fund. 
Sec. 102. Authorization of appropriations for navigation. 
Sec. 103. Annual report to Congress on the Harbor Maintenance Trust Fund. 
Sec. 104. Additional measures at donor ports and energy transfer ports. 
Sec. 105. Construction of water resources development projects by non-Federal in-
terests. 
Sec. 106. Coast Guard anchorages. 
Sec. 107. State contribution of funds for certain operation and maintenance costs. 
Sec. 108. Great Lakes confined disposal facilities. 
Sec. 109. Inland waterway projects. 
Sec. 110. Implementation of water resources principles and requirements. 
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Sec. 111. Resiliency planning assistance. 
Sec. 112. Project consultation. 
Sec. 113. Review of resiliency assessments. 
Sec. 114. Small flood control projects. 
Sec. 115. Flood Protection Projects. 
Sec. 116. Feasibility studies; review of natural and nature-based features. 
Sec. 117. Federal interest determination. 
Sec. 118. Pilot programs on the formulation of Corps of Engineers projects in 
rural communities and economically disadvantaged commu-
nities. 
Sec. 119. Permanent measures to reduce emergency flood fighting needs for com-
munities subject to repetitive flooding. 
Sec. 120. Emergency response to natural disasters. 
Sec. 121. Cost and benefit feasibility assessment. 
Sec. 122. Expediting repairs and recovery from flooding. 
Sec. 123. Review of Corps of Engineers assets. 
Sec. 124. Sense of Congress on multipurpose projects. 
Sec. 125. Beneficial use of dredged material; dredged material management plans. 
Sec. 126. Aquatic ecosystem restoration for anadromous fish. 
Sec. 127. Annual report to Congress on water resources infrastructure. 
Sec. 128. Harmful algal bloom demonstration program. 
Sec. 129. Missouri River interception-rearing complex construction. 
Sec. 130. Materials, services, and funds for repair, restoration, or rehabilitation 
of projects. 
Sec. 131. Levee safety. 
Sec. 132. National Dam Safety Program. 
Sec. 133. Rehabilitation of Corps of Engineers constructed pump stations. 
Sec. 134. Non-Federal Project Implementation Pilot Program. 
Sec. 135. Cost sharing provisions for territories and Indian Tribes. 
Sec. 136. Review of contracting policies. 
Sec. 137. Criteria for funding environmental infrastructure projects. 
Sec. 138. Aging infrastructure. 
Sec. 139. Uniformity of notification systems. 
Sec. 140. Coastal storm damage reduction contracts. 
Sec. 141. Dam remediation for ecosystem restoration. 
Sec. 142. Levee accreditation process; levee certifications. 
Sec. 143. Project partnership agreement. 
Sec. 144. Acceptance of funds for harbor dredging. 
Sec. 145. Replacement capacity. 
Sec. 146. Reviewing hydropower at Corps of Engineers facilities. 
Sec. 147. Repair and restoration of embankments. 
Sec. 148. Coastal mapping. 
Sec. 149. Interim risk reduction measures. 
Sec. 150. Maintenance dredging permits. 
Sec. 151. High water-low water preparedness. 
Sec. 152. Treatment of certain benefits and costs. 
Sec. 153. Lease deviations. 
Sec. 154. Sense of Congress on Arctic deep draft port development. 
Sec. 155. Small water storage projects. 
Sec. 156. Planning Assistance to States. 
Sec. 157. Forecast-informed reservoir operations. 
Sec. 158. Data for water allocation, supply, and demand. 
Sec. 159. Inland waterways pilot program. 
Sec. 160. Definition of economically disadvantaged community. 
Sec. 161. Studies of water resources development projects by non-Federal interests. 
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Sec. 162. Leveraging Federal infrastructure for increased water supply. 
Sec. 163. Sense of Congress on removal of unauthorized, manmade, flammable 
materials on Corps property. 
Sec. 164. Enhanced development program. 
Sec. 165. Continuing authority programs. 
TITLE II—STUDIES AND REPORTS 
Sec. 201. Authorization of proposed feasibility studies. 
Sec. 202. Expedited completions. 
Sec. 203. Expedited modifications of existing feasibility studies. 
Sec. 204. Assistance to non-Federal sponsors; feasibility analysis. 
Sec. 205. Selma, Alabama. 
Sec. 206. Report on Corps of Engineers facilities in Appalachia. 
Sec. 207. Additional studies under North Atlantic Coast Comprehensive Study. 
Sec. 208. South Atlantic coastal study. 
Sec. 209. Comprehensive study of the Sacramento River, Yolo Bypass, California. 
Sec. 210. Lake Okeechobee regulation schedule, Florida. 
Sec. 211. Great Lakes coastal resiliency study. 
Sec. 212. Report on the status of restoration in the Louisiana coastal area. 
Sec. 213. Lower Mississippi River comprehensive management study. 
Sec. 214. Upper Mississippi River Comprehensive Plan. 
Sec. 215. Upper Missouri River Basin mainstem dam fish loss research. 
Sec. 216. Lower and Upper Missouri River Comprehensive Flood Protection. 
Sec. 217. Portsmouth Harbor and Piscataqua River and Rye Harbor, New 
Hampshire. 
Sec. 218. Cougar and Detroit Dams, Willamette River Basin, Oregon. 
Sec. 219. Port Orford, Oregon. 
Sec. 220. Wilson Creek and Sloan Creek, Fairview, Texas. 
Sec. 221. Study on water supply and water conservation at water resources devel-
opment projects. 
Sec. 222. Report to Congress on authorized studies and projects. 
Sec. 223. Completion of reports and materials. 
Sec. 224. Emergency flooding protection for lakes. 
Sec. 225. Report on debris removal. 
Sec. 226. Report on antecedent hydrologic conditions. 
Sec. 227. Subsurface drain systems research and development. 
Sec. 228. Report on corrosion prevention activities. 
Sec. 229. Annual reporting on dissemination of information. 
Sec. 230. Report on benefits calculation for flood control structures. 
TITLE III—DEAUTHORIZATIONS AND MODIFICATIONS 
Sec. 301. Deauthorization of inactive projects. 
Sec. 302. Abandoned and inactive noncoal mine restoration. 
Sec. 303. Tribal partnership program. 
Sec. 304. Lakes program. 
Sec. 305. Rehabilitation of Corps of Engineers constructed dams. 
Sec. 306. Chesapeake Bay Environmental Restoration and Protection Program. 
Sec. 307. Upper Mississippi River System Environmental Management Program. 
Sec. 308. Upper Mississippi River protection. 
Sec. 309. Theodore Ship Channel, Mobile, Alabama. 
Sec. 310. McClellan-Kerr Arkansas River Navigation System. 
Sec. 311. Ouachita and Black Rivers, Arkansas and Louisiana. 
Sec. 312. Lake Isabella, California. 
Sec. 313. Lower San Joaquin River flood control project. 
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Sec. 314. Sacramento River, Glenn-Colusa, California. 
Sec. 315. San Diego River and Mission Bay, San Diego County, California. 
Sec. 316. San Francisco, California, Waterfront Area. 
Sec. 317. Western Pacific Interceptor Canal, Sacramento River, California. 
Sec. 318. Rio Grande Environmental Management Program, Colorado, New Mex-
ico, and Texas. 
Sec. 319. New London Harbor Waterfront Channel, Connecticut. 
Sec. 320. Wilmington Harbor, Delaware. 
Sec. 321. Wilmington Harbor South Disposal Area, Delaware. 
Sec. 322. Washington Harbor, District of Columbia. 
Sec. 323. Big Cypress Seminole Indian Reservation Water Conservation Plan, 
Florida. 
Sec. 324. Central Everglades, Florida. 
Sec. 325. Miami River, Florida. 
Sec. 326. Julian Keen, Jr. Lock and Dam, Moore Haven, Florida. 
Sec. 327. Taylor Creek Reservoir and Levee L–73 (Section 1), Upper St. Johns 
River Basin, Florida. 
Sec. 328. Extinguishment of flowage easements, Rough River Lake, Kentucky. 
Sec. 329. Calcasieu River and Pass, Louisiana. 
Sec. 330. Camden Harbor, Maine. 
Sec. 331. Cape Porpoise Harbor, Maine, anchorage area designation. 
Sec. 332. Baltimore, Maryland. 
Sec. 333. Thad Cochran Lock and Dam, Amory, Mississippi. 
Sec. 334. Missouri river reservoir sediment management. 
Sec. 335. Portsmouth, New Hampshire. 
Sec. 336. Rahway flood risk management feasibility study, New Jersey. 
Sec. 337. San Juan-Chama project; Abiquiu Dam, New Mexico. 
Sec. 338. Flushing Bay and Creek Federal Navigation Channel, New York. 
Sec. 339. Rush River and Lower Branch Rush River, North Dakota. 
Sec. 340. Pawcatuck River, Little Narragansett Bay and Watch Hill Cove, Rhode 
Island and Connecticut. 
Sec. 341. Harris County, Texas. 
Sec. 342. Cap Sante Waterway, Washington. 
Sec. 343. Local government reservoir permit review. 
Sec. 344. Project modifications for improvement of environment. 
Sec. 345. Aquatic ecosystem restoration. 
Sec. 346. Surplus water contracts and water storage agreements. 
Sec. 347. No wake zones in navigation channels. 
Sec. 348. Limitation on contract execution in the Arkansas River Basin. 
Sec. 349. Waiver of non-Federal share of damages related to certain contract 
claims. 
Sec. 350. Reduced pricing for certain water supply storage. 
Sec. 351. Flood control and other purposes. 
Sec. 352. Additional assistance for critical projects. 
Sec. 353. Project modification authorizations. 
Sec. 354. Completion of maintenance and repair activities. 
Sec. 355. Project reauthorizations. 
Sec. 356. Conveyances. 
Sec. 357. Lake Eufaula advisory committee. 
Sec. 358. Repeal of Missouri River Task Force, North Dakota. 
Sec. 359. Repeal of Missouri River Task Force, South Dakota. 
Sec. 360. Conforming amendments. 
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TITLE IV—WATER RESOURCES INFRASTRUCTURE 
Sec. 401. Project authorizations. 
Sec. 402. Special rules. 
Sec. 403. Authorization of projects based on feasibility studies prepared by non- 
Federal interests. 
TITLE V—OTHER MATTERS 
Sec. 501. Update on Invasive Species Policy Guidance. 
Sec. 502. Aquatic invasive species research. 
Sec. 503. Terrestrial noxious weed control pilot program. 
Sec. 504. Invasive species risk assessment, prioritization, and management. 
Sec. 505. Invasive species mitigation and reduction. 
Sec. 506. Aquatic invasive species prevention. 
Sec. 507. Invasive species in alpine lakes pilot program. 
Sec. 508. Murder hornet eradication pilot program. 
Sec. 509. Asian carp prevention and control pilot program. 
Sec. 510. Invasive species in noncontiguous States and territories pilot program. 
Sec. 511. Soil moisture and snowpack monitoring. 
Sec. 512. Great Lakes St. Lawrence Seaway Development Corporation. 
SEC. 2. SECRETARY DEFINED. 
In this Act, the term ‘‘Secretary’’ means the Secretary 
of the Army. 
TITLE I—GENERAL PROVISIONS 
SEC. 101. BUDGETARY TREATMENT EXPANSION AND AD-
JUSTMENT FOR THE HARBOR MAINTENANCE 
TRUST FUND. 
Section 14003 of division B of the CARES Act (Public 
Law 116–136) is amended to read as follows: 
‘‘SEC. 14003. Any discretionary appropriation for the 
Corps of Engineers— 
‘‘(1) derived from the Harbor Maintenance Trust 
Fund, in this fiscal year and thereafter, not to exceed 
the sum of— 
‘‘(A) the total amount deposited in the Har-
bor Maintenance Trust Fund in the fiscal year 
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that is two years prior to the fiscal year for 
which the appropriation is being made; and 
‘‘(B)(i) $500,000,000 for fiscal year 2021; 
‘‘(ii) $600,000,000 for fiscal year 2022; 
‘‘(iii) $700,000,000 for fiscal year 2023; 
‘‘(iv) $800,000,000 for fiscal year 2024; 
‘‘(v) $900,000,000 for fiscal year 2025; 
‘‘(vi) $1,000,000,000 for fiscal year 2026; 
‘‘(vii) $1,200,000,000 for fiscal year 2027; 
‘‘(viii) $1,300,000,000 for fiscal year 2028; 
‘‘(ix) $1,400,000,000 for fiscal year 2029; 
and 
‘‘(x) $1,500,000,000 for fiscal year 2030 
and thereafter; and 
‘‘(2) for the Operation and Maintenance account 
of the Corps of Engineers which is designated in stat-
ute as being to carry out subsection (c) of section 
2106 of the Water Resources Reform and Development 
Act of 2014 (33 U.S.C. 2238c), not to exceed— 
‘‘(A) $50,000,000 for fiscal year 2021; 
‘‘(B) $50,000,000 for fiscal year 2022; 
‘‘(C) $56,000,000 for fiscal year 2023; 
‘‘(D) $58,000,000 for fiscal year 2024; 
‘‘(E) $60,000,000 for fiscal year 2025; 
‘‘(F) $62,000,000 for fiscal year 2026; 
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3614 
‘‘(G) $64,000,000 for fiscal year 2027; 
‘‘(H) $66,000,000 for fiscal year 2028; 
‘‘(I) $68,000,000 for fiscal year 2029; and 
‘‘(J) $70,000,000 for fiscal year 2030; 
shall be subtracted from the estimate of discretionary budget 
authority and outlays for any estimate of an appropria-
tions Act under the Congressional Budget and Impound-
ment Control Act of 1974 or the Balanced Budget and 
Emergency Deficit Control Act of 1985.’’. 
SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR NAVI-
GATION. 
(a) AUTHORIZATION.— 
(1) IN GENERAL.—In carrying out subsection (c) 
of section 210 of the Water Resources Development 
Act of 1986 (33 U.S.C. 2238), for each fiscal year, of 
the funds made available under such section (includ-
ing funds appropriated from the Harbor Maintenance 
Trust Fund), the Secretary shall, to the extent prac-
ticable, unless otherwise directed in an Act making 
appropriations for the Corps of Engineers, make ex-
penditures to pay for operation and maintenance 
costs of the harbors and inland harbors referred to in 
subsection (a)(2) of such section, to the extent there 
are identifiable operations and maintenance needs, 
of— 
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3615 
(A) not less than 15 percent of such funds 
for emerging harbor projects, including eligible 
breakwater and jetty needs at such harbor 
projects; 
(B) not less than 13 percent of such funds 
for projects that are located within the Great 
Lakes Navigation System; 
(C) 12 percent of such funds for expanded 
uses carried out at donor ports and energy 
transfer ports, of which— 
(i) 1⁄3 shall be provided to energy 
transfer ports; and 
(ii) 2⁄3 shall be provided to donor ports; 
(D) not less than 17 percent of such funds 
for projects that are assigned to commercial stra-
tegic seaports; and 
(E) any remaining funds for operation and 
maintenance costs of any harbor or inland har-
bor referred to in such subsection (a)(2) based on 
an equitable allocation of such funds among such 
harbors and inland harbors, in accordance with 
subsection (c)(1) of such section 210. 
(2) DEFINITIONS.—In this subsection: 
(A) COMMERCIAL
STRATEGIC
SEAPORT.— 
The term ‘‘commercial strategic seaport’’ means 
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3616 
a commercial harbor supporting the coordination 
of efficient port operations during peacetime and 
national defense emergencies that is designated 
as strategic through the National Port Readiness 
Network. 
(B) DONOR
PORT; 
ENERGY
TRANSFER 
PORT.—The terms ‘‘donor port’’ and ‘‘energy 
transfer port’’ have the meanings given those 
terms in section 2106 of the Water Resources Re-
form and Development Act of 2014 (33 U.S.C. 
2238c). 
(C) EMERGING
HARBOR
PROJECT; GREAT 
LAKES NAVIGATION SYSTEM.—The terms ‘‘emerg-
ing harbor project’’ and ‘‘Great Lakes Naviga-
tion System’’ have the meanings given those 
terms in section 210 of the Water Resources De-
velopment Act of 1986 (33 U.S.C. 2238). 
(3) EFFECTIVE DATE.—This subsection shall take 
effect on October 1, 2022. 
(b) ADDITIONAL USES.— 
(1) OPERATION AND MAINTENANCE OF HARBOR 
PROJECTS.—Section 210(c)(3) of the Water Resources 
Development Act of 1986 (33 U.S.C. 2238(c)(3)) is 
amended— 
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(A) by striking ‘‘Notwithstanding’’ and in-
serting the following: 
‘‘(A) ALLOCATION.—Notwithstanding’’; and 
(B) by adding at the end the following: 
‘‘(B) ADDITIONAL USES AT EMERGING HAR-
BORS.— 
‘‘(i) USES.—In each fiscal year, the 
Secretary 
may 
use 
not 
more 
than 
$5,000,000 of funds allocated for emerging 
harbor projects under paragraph (1) to pay 
for the costs of up to 10 projects for mainte-
nance dredging of a marina or berthing 
area, in an emerging harbor, that includes 
an area that is located adjacent to, or is ac-
cessible by, a Federal navigation project, 
subject to clauses (ii) and (iii) of this sub-
paragraph. 
‘‘(ii) ELIGIBLE EMERGING HARBORS.— 
The Secretary may use funds as authorized 
under clause (i) at an emerging harbor 
that— 
‘‘(I) supports commercial activi-
ties, including commercial fishing op-
erations, commercial fish processing 
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3618 
operations, recreational and sport fish-
ing, and commercial boat yards; or 
‘‘(II) supports activities of the 
Secretary of the department in which 
the Coast Guard is operating. 
‘‘(iii) 
COST-SHARING
REQUIRE-
MENTS.—The Secretary shall require a non- 
Federal interest to contribute not less than 
25 percent of the costs for maintenance 
dredging of that portion of a maintenance 
dredging project described in clause (i) that 
is located outside of the Federal navigation 
project, which may be provided as an in- 
kind contribution, including through the use 
of dredge equipment owned by non-Federal 
interest to carry out such activities.’’. 
(2) ASSESSMENT OF HARBORS AND INLAND HAR-
BORS.—Section 210(e)(2)(A)(ii) of the Water Re-
sources Development Act of 1986 (33 U.S.C. 
2238(e)(2)(A)(ii)) is amended by inserting ‘‘uses de-
scribed in subsection (c)(3)(B) and’’ after ‘‘costs for’’. 
(3) DEFINITIONS.—Section 210(f) of the Water 
Resources Development Act of 1986 (33 U.S.C. 
2238(f)) is amended— 
(A) by striking paragraph (6); 
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3619 
(B) 
by 
redesignating 
paragraphs 
(3) 
through (5) as paragraphs (4) through (6), re-
spectively; 
(C) by striking paragraph (2) and inserting 
the following: 
‘‘(2) EMERGING HARBOR.—The term ‘emerging 
harbor’ means a harbor or inland harbor referred to 
in subsection (a)(2) that transits less than 1,000,000 
tons of cargo annually. 
‘‘(3) EMERGING
HARBOR
PROJECT.—The term 
‘emerging harbor project’ means a project that is as-
signed to an emerging harbor.’’; and 
(D) in paragraph (4) (as so redesignated), 
by adding at the end the following: 
‘‘(C) An in-water improvement, if the im-
provement— 
‘‘(i) is for the seismic reinforcement of 
a wharf or other berthing structure, or the 
repair or replacement of a deteriorating 
wharf or other berthing structure, at a port 
facility; 
‘‘(ii) benefits commercial navigation at 
the harbor; and 
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3620 
‘‘(iii) is located in, or adjacent to, a 
berth that is accessible to a Federal naviga-
tion project. 
‘‘(D) An activity to maintain slope stability 
at a berth in a harbor that is accessible to a Fed-
eral navigation project if such activity benefits 
commercial navigation at the harbor.’’. 
SEC. 103. ANNUAL REPORT TO CONGRESS ON THE HARBOR 
MAINTENANCE TRUST FUND. 
Section 330 of the Water Resources Development Act 
of 1992 (26 U.S.C. 9505 note; 106 Stat. 4851) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘and annually thereafter,’’ 
and inserting ‘‘and annually thereafter concur-
rent with the submission of the President’s an-
nual budget request to Congress,’’; and 
(B) by striking ‘‘Public Works and Trans-
portation’’ and inserting ‘‘Transportation and 
Infrastructure’’; and 
(2) in subsection (b)(1) by adding at the end the 
following: 
‘‘(D) A description of the expected expendi-
tures from the trust fund to meet the needs of 
navigation for the fiscal year of the budget re-
quest.’’. 
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SEC. 104. ADDITIONAL MEASURES AT DONOR PORTS AND 
ENERGY TRANSFER PORTS. 
(a) INTERIM AUTHORIZATION.—Section 2106(f) of the 
Water Resources Reform and Development Act of 2014 (33 
U.S.C. 2238c(f)) is amended— 
(1) in paragraph (1), by striking ‘‘2020’’ and in-
serting ‘‘2022’’; and 
(2) by striking paragraph (3). 
(b) IN GENERAL.— 
(1) DEFINITIONS.—Section 2106(a) of the Water 
Resources Reform and Development Act of 2014 (33 
U.S.C. 2238c(a)) is amended— 
(A) in paragraph (3)(A)— 
(i) by amending clause (ii) to read as 
follows: 
‘‘(ii) at which the total amount of har-
bor maintenance taxes collected (including 
the estimated taxes related to domestic cargo 
and cruise passengers) comprise not less 
than $15,000,000 annually of the total 
funding of the Harbor Maintenance Trust 
Fund on an average annual basis for the 
previous 3 fiscal years;’’; 
(ii) in clause (iii)— 
(I) by inserting ‘‘(including the 
estimated taxes related to domestic 
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cargo and cruise passengers)’’ after 
‘‘taxes collected’’; and 
(II) by striking ‘‘5 fiscal years’’ 
and inserting ‘‘3 fiscal years’’; and 
(iii) in clause (iv), by striking ‘‘in fis-
cal year 2012’’ and inserting ‘‘on an aver-
age annual basis for the previous 3 fiscal 
years’’; 
(B) in paragraph (5)(B), by striking ‘‘in 
fiscal year 2012’’ each place it appears and in-
serting ‘‘on an average annual basis for the pre-
vious 3 fiscal years’’; 
(C) by redesignating paragraph (8) as 
paragraph (9) and inserting after paragraph (7) 
the following: 
‘‘(8) HARBOR MAINTENANCE TRUST FUND.—The 
term ‘Harbor Maintenance Trust Fund’ means the 
Harbor Maintenance Trust Fund established by sec-
tion 9505 of the Internal Revenue Code of 1986.’’; and 
(D) in paragraph (9), as so redesignated— 
(i) by amending subparagraph (B) to 
read as follows: 
‘‘(B) at which the total amount of harbor 
maintenance taxes collected (including the esti-
mated taxes related to domestic cargo and cruise 
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