821 
(i) IN GENERAL.—Except as provided 
in clause (ii), the term of service of each 
member of the Board shall be 5 years. 
(ii) INITIAL MEMBERS.—Of the initial 
members of the Board appointed under 
paragraph (2)(B)(i), half of the members 
shall serve for 4 years and half of the 
members shall serve for 5 years, as deter-
mined by the Chair of the Board. 
(B) VACANCIES.—Any vacancy in the 
membership of the Board— 
(i) shall be filled in accordance with 
the bylaws of the Foundation by an indi-
vidual capable of representing the same 
area or entity, as applicable, as rep-
resented by the vacating board member 
under paragraph (2)(B)(ii); 
(ii) shall not affect the power of the 
remaining members to execute the duties 
of the Board; and 
(iii) shall be filled by an individual se-
lected by the Board. 
(5) MEETINGS; QUORUM.— 
(A) INITIAL MEETING.—Not later than 60 
days after the Board is established, the Sec-
822 
retary shall convene a meeting of the members 
of the Board to incorporate the Foundation. 
(B) QUORUM.—A majority of the members 
of the Board shall constitute a quorum for pur-
poses of conducting the business of the Board. 
(6) DUTIES.—The Board shall— 
(A) establish bylaws for the Foundation in 
accordance with paragraph (7); 
(B) provide overall direction for the activi-
ties of the Foundation and establish priority ac-
tivities; 
(C) carry out any other necessary activities 
of the Foundation; 
(D) evaluate the performance of the Exec-
utive Director; and 
(E) actively solicit and accept funds, gifts, 
grants, devises, or bequests of real or personal 
property to the Foundation, including from pri-
vate entities. 
(7) BYLAWS.— 
(A) IN GENERAL.—The bylaws established 
under paragraph (6)(A) may include— 
(i) policies for the selection of Board 
members, officers, employees, agents, and 
contractors of the Foundation;
823 
(ii) policies, including ethical stand-
ards, for— 
(I) the acceptance, solicitation, 
and disposition of donations and 
grants to the Foundation, including 
appropriate limits on the ability of do-
nors to designate, by stipulation or re-
striction, the use or recipient of do-
nated funds; and 
(II) the disposition of assets of 
the Foundation; 
(iii) policies that subject all employ-
ees, fellows, trainees, and other agents of 
the Foundation (including members of the 
Board) to conflict of interest standards; 
and 
(iv) the specific duties of the Execu-
tive Director. 
(B) REQUIREMENTS.—The Board shall en-
sure that the bylaws of the Foundation and the 
activities carried out under those bylaws shall 
not— 
(i) reflect unfavorably on the ability of 
the Foundation to carry out activities in a 
fair and objective manner; or
824 
(ii) compromise, or appear to com-
promise, the integrity of any governmental 
agency or program, or any officer or em-
ployee employed by, or involved in, a gov-
ernmental agency or program. 
(8) COMPENSATION.— 
(A) IN
GENERAL.—No member of the 
Board shall receive compensation for serving on 
the Board. 
(B) CERTAIN
EXPENSES.—In accordance 
with the bylaws of the Foundation, members of 
the Board may be reimbursed for travel ex-
penses, including per diem in lieu of subsist-
ence, and other necessary expenses incurred in 
carrying out the duties of the Board. 
(c) PURPOSE.—The purpose of the Foundation is to 
increase private and philanthropic sector investments that 
support efforts to create, develop, and commercialize inno-
vative technologies that address crosscutting national en-
ergy challenges by methods that include— 
(1) fostering collaboration and partnerships 
with researchers from the Federal Government, 
State governments, institutions of higher education, 
federally funded research and development centers, 
industry, and nonprofit organizations for the re-
825 
search, development, or commercialization of trans-
formative energy and associated technologies; 
(2)(A) strengthening regional economic develop-
ment through scientific and energy innovation; and 
(B) disseminating lessons learned from that de-
velopment to foster the creation and growth of new 
regional energy innovation clusters; 
(3) promoting new product development that 
supports job creation; 
(4) administering prize competitions to accel-
erate private sector competition and investment; and 
(5) supporting programs that advance tech-
nologies from the prototype stage to a commercial 
stage. 
(d) ACTIVITIES.— 
(1) STUDIES, COMPETITIONS, AND PROJECTS.— 
The Foundation may conduct and support studies, 
competitions, projects, and other activities that fur-
ther the purpose of the Foundation described in sub-
section (c). 
(2) FELLOWSHIPS AND GRANTS.— 
(A) IN GENERAL.—The Foundation may 
award fellowships and grants for activities re-
lating to research, development, demonstration,
826 
maturation, or commercialization of energy and 
other Department-supported technologies. 
(B) FORM
OF
AWARD.—A fellowship or 
grant under subparagraph (A) may consist of a 
stipend, health insurance benefits, funds for 
travel, and funds for other appropriate ex-
penses. 
(C) SELECTION.—In selecting a recipient 
for a fellowship or grant under subparagraph 
(A), the Foundation— 
(i) shall make the selection based on 
the technical and commercialization merits 
of the proposed project of the potential re-
cipient; and 
(ii) may consult with a potential re-
cipient regarding the ability of the poten-
tial recipient to carry out various projects 
that would further the purpose of the 
Foundation described in subsection (c). 
(D) NATIONAL
LABORATORIES.—A Na-
tional Laboratory that applies for or accepts a 
grant under subparagraph (A) shall not be con-
sidered to be engaging in a competitive process. 
(3) ACCESSING FACILITIES AND EXPERTISE.— 
The Foundation may work with the Department—
829 
(iii) a standard training curriculum to 
orient and expand the operating expertise 
of personnel employed by an Individual 
Laboratory Foundation. 
(D) AFFILIATIONS.—Nothing in this para-
graph requires— 
(i) an existing Individual Laboratory 
Foundation to modify current practices or 
affiliate with the Foundation; or 
(ii) an Individual Laboratory Founda-
tion to be bound by charter or corporate 
bylaws as permanently affiliated with the 
Foundation. 
(8) SUPPLEMENTAL PROGRAMS.—The Founda-
tion may carry out supplemental programs— 
(A) to conduct and support forums, meet-
ings, conferences, courses, and training work-
shops consistent with the purpose of the Foun-
dation described in subsection (c); 
(B) to support and encourage the under-
standing and development of— 
(i) data that promotes the translation 
of technologies from the research stage, 
through the development and maturation 
stage, and ending in the market stage; and
830 
(ii) policies that make regulation more 
effective and efficient by leveraging the 
technology translation data described in 
clause (i) for the regulation of relevant 
technology sectors; 
(C) for writing, editing, printing, pub-
lishing, and vending books and other materials 
relating to research carried out under the 
Foundation and the Department; and 
(D) to conduct other activities to carry out 
and support the purpose of the Foundation de-
scribed in subsection (c). 
(9) EVALUATIONS.—The Foundation shall sup-
port the development of an evaluation methodology, 
to be used as part of any program supported by the 
Foundation, that shall— 
(A) consist of qualitative and quantitative 
metrics; and 
(B) include periodic third party evaluation 
of those programs and other activities of the 
Foundation. 
(10) COMMUNICATIONS.—The Foundation shall 
develop an expertise in communications to promote 
the work of grant and fellowship recipients under 
paragraph (2), the commercialization successes of
831 
the Foundation, opportunities for partnership with 
the Foundation, and other activities. 
(e) ADMINISTRATION.— 
(1) EXECUTIVE DIRECTOR.—The Board shall 
hire an Executive Director of the Foundation, who 
shall serve at the pleasure of the Board. 
(2) ADMINISTRATIVE
CONTROL.—No member 
of the Board, officer or employee of the Foundation 
or of any program established by the Foundation, or 
participant in a program established by the Founda-
tion, shall exercise administrative control over any 
Federal employee. 
(3) STRATEGIC PLAN.—Not later than 1 year 
after the date of enactment of this Act, the Founda-
tion shall submit to the Committee on Energy and 
Natural Resources of the Senate and the Committee 
on Science, Space, and Technology of the House of 
Representatives a strategic plan that contains— 
(A) a plan for the Foundation to become 
financially self-sustaining in fiscal year 2022 
and thereafter (except for the amounts provided 
each fiscal year under subsection (l)(1)(C)); 
(B) a forecast of major crosscutting energy 
challenge opportunities, including short- and 
long-term objectives, identified by the Board,
832 
with input from communities representing the 
entities and areas, as applicable, described in 
subsection (b)(2)(B)(ii); 
(C) a description of the efforts that the 
Foundation will take to be transparent in the 
processes of the Foundation, including proc-
esses relating to— 
(i) grant awards, including selection, 
review, and notification; 
(ii) communication of past, current, 
and future research priorities; and 
(iii) solicitation of and response to 
public input on the opportunities identified 
under subparagraph (B); and 
(D) a description of the financial goals and 
benchmarks of the Foundation for the following 
10 years. 
(4) ANNUAL REPORT.—Not later than 1 year 
after the date on which the Foundation is estab-
lished, and every 2 years thereafter, the Foundation 
shall submit to the Committee on Energy and Nat-
ural Resources of the Senate, the Committee on 
Science, Space, and Technology of the House of 
Representatives, and the Secretary a report that, for 
the year covered by the report—
833 
(A) describes the activities of the Founda-
tion and the progress of the Foundation in fur-
thering the purpose of the Foundation de-
scribed in subsection (c); 
(B) provides a specific accounting of the 
source and use of all funds made available to 
the Foundation to carry out those activities; 
(C) describes how the results of the activi-
ties of the Foundation could be incorporated 
into the procurement processes of the General 
Services Administration; and 
(D) includes a summary of each evaluation 
conducted using the evaluation methodology de-
scribed in subsection (d)(9). 
(5) 
EVALUATION
BY
COMPTROLLER
GEN-
ERAL.—Not later than 5 years after the date on 
which the Foundation is established, the Comptroller 
General of the United States shall submit to the 
Committee on Energy and Natural Resources of the 
Senate and the Committee on Science, Space, and 
Technology of the House of Representatives— 
(A) an evaluation of— 
(i) the extent to which the Foundation 
is achieving the mission of the Foundation; 
and
834 
(ii) the operation of the Foundation; 
and 
(B) any recommendations on how the 
Foundation may be improved. 
(6) AUDITS.—The Foundation shall— 
(A) provide for annual audits of the finan-
cial condition of the Foundation; and 
(B) make the audits, and all other records, 
documents, and papers of the Foundation, 
available to the Secretary and the Comptroller 
General of the United States for examination or 
audit. 
(7) SEPARATE FUND ACCOUNTS.—The Board 
shall ensure that any funds received under sub-
section (l)(1) are held in a separate account from 
any other funds received by the Foundation. 
(8) INTEGRITY.— 
(A) IN GENERAL.—To ensure integrity in 
the operations of the Foundation, the Board 
shall develop and enforce procedures relating to 
standards of conduct, financial disclosure state-
ments, conflicts of interest (including recusal 
and waiver rules), audits, and any other mat-
ters determined appropriate by the Board.
835 
(B) FINANCIAL
CONFLICTS
OF
INTER-
EST.—Any individual who is an officer, em-
ployee, or member of the Board is prohibited 
from any participation in deliberations by the 
Foundation of a matter that would directly or 
predictably affect any financial interest of— 
(i) the individual; 
(ii) a relative (as defined in section 
109 of the Ethics in Government Act of 
1978 (5 U.S.C. App.)) of that individual; 
or 
(iii) a business organization or other 
entity in which the individual has an inter-
est, including an organization or other en-
tity with which the individual is negoti-
ating employment. 
(9) INTELLECTUAL
PROPERTY.—The Board 
shall adopt written standards to govern the owner-
ship and licensing of any intellectual property rights 
developed by the Foundation or derived from the col-
laborative efforts of the Foundation. 
(10) LIABILITY.—The United States shall not 
be liable for any debts, defaults, acts, or omissions 
of the Foundation nor shall the full faith and credit
836 
of the United States extend to any obligations of the 
Foundation. 
(11) NONAPPLICABILITY OF FACA.—The Fed-
eral Advisory Committee Act (5 U.S.C. App.) shall 
not apply to the Foundation. 
(f) DEPARTMENT COLLABORATION.— 
(1) NATIONAL LABORATORIES.—The Secretary 
shall collaborate with the Foundation to develop a 
process to ensure collaboration and coordination be-
tween the Department, the Foundation, and Na-
tional Laboratories— 
(A) to streamline contracting processes be-
tween National Laboratories and the Founda-
tion, including by— 
(i) streamlining the ability of the 
Foundation to transfer equipment and 
funds to National Laboratories; 
(ii) standardizing contract mecha-
nisms to be used by the Foundation; and 
(iii) streamlining the ability of the 
Foundation to fund endowed positions at 
National Laboratories; 
(B) to allow a National Laboratory or site 
of a National Laboratory—
837 
(i) to accept and perform work for the 
Foundation, consistent with provided re-
sources, notwithstanding any other provi-
sion of law governing the administration, 
mission, use, or operations of the National 
Laboratory or site, as applicable; and 
(ii) to perform that work on a basis 
equal to other missions at the National 
Laboratory; and 
(C) to permit the director of any National 
Laboratory or site of a National Laboratory to 
enter into a cooperative research and develop-
ment agreement or negotiate a licensing agree-
ment with the Foundation pursuant to section 
12 of the Stevenson-Wydler Technology Innova-
tion Act of 1980 (15 U.S.C. 3710a). 
(2) DEPARTMENT
LIAISONS.—The Secretary 
shall appoint liaisons from across the Department to 
collaborate and coordinate with the Foundation. 
(3) ADMINISTRATION.—The Secretary shall le-
verage appropriate arrangements, contracts, and di-
rectives to carry out the process developed under 
paragraph (1).
838 
(g) NATIONAL SECURITY.—Nothing in this section 
exempts the Foundation from any national security policy 
of the Department. 
(h) SUPPORT SERVICES.—The Secretary shall pro-
vide facilities, utilities, and support services to the Foun-
dation if it is determined by the Secretary to be advan-
tageous to the research programs of the Department. 
(i) PREEMPTION OF AUTHORITY.—This section shall 
not preempt any authority or responsibility of the Sec-
retary under any other provision of law. 
(j) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated— 
(A) to the Secretary, not less than 
$1,500,000 for fiscal year 2021 to establish the 
Foundation; 
(B) to the Foundation, not less than 
$30,000,000 for fiscal year 2021 to carry out 
the activities of the Foundation; and 
(C) to the Foundation, not less than 
$3,000,000 for fiscal year 2022, and each fiscal 
year thereafter, for administrative and oper-
ational costs. 
(2) COST SHARE.—Funds made available under 
paragraph (1)(B) shall be required to be cost-shared
839 
by a partner of the Foundation other than the De-
partment. 
TITLE IX—INDUSTRIAL INNOVA-
TION AND COMPETITIVENESS 
Subtitle A—Smart Manufacturing 
SEC. 9101. DEFINITIONS. 
In this subtitle: 
(1) ENERGY MANAGEMENT SYSTEM.—The term 
‘‘energy management system’’ means a business 
management process based on standards of the 
American National Standards Institute that enables 
an organization to follow a systematic approach in 
achieving continual improvement of energy perform-
ance, including energy efficiency, security, use, and 
consumption. 
(2) INDUSTRIAL
ASSESSMENT
CENTER.—The 
term ‘‘industrial assessment center’’ means a center 
located at an institution of higher education that— 
(A) receives funding from the Department 
of Energy; 
(B) provides an in-depth assessment of 
small- and medium-sized manufacturer plant 
sites to evaluate the facilities, services, and 
manufacturing operations of the plant site; and
840 
(C) identifies opportunities for potential 
savings for small- and medium-sized manufac-
turer plant sites from energy efficiency improve-
ments, waste minimization, pollution preven-
tion, and productivity improvement. 
(3) INFORMATION AND COMMUNICATION TECH-
NOLOGY.—The term ‘‘information and communica-
tion technology’’ means any electronic system or 
equipment (including the content contained in the 
system or equipment) used to create, convert, com-
municate, or duplicate data or information, including 
computer hardware, firmware, software, communica-
tion protocols, networks, and data interfaces. 
(4) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
(5) NATIONAL LABORATORY.—The term ‘‘Na-
tional Laboratory’’ has the meaning given the term 
in section 2 of the Energy Policy Act of 2005 (42 
U.S.C. 15801). 
(6) NORTH AMERICAN INDUSTRY CLASSIFICA-
TION SYSTEM.—The term ‘‘North American Indus-
try Classification System’’ means the standard used 
by Federal statistical agencies in classifying business
841 
establishments for the purpose of collecting, ana-
lyzing, and publishing statistical data relating to the 
business economy of the United States. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(8) SMALL AND MEDIUM MANUFACTURERS.— 
The term ‘‘small and medium manufacturers’’ 
means manufacturing firms— 
(A) classified in the North American In-
dustry Classification System as any of sectors 
31 through 33; 
(B) with gross annual sales of less than 
$100,000,000; 
(C) with fewer than 500 employees at the 
plant site; and 
(D) with annual energy bills totaling more 
than $100,000 and less than $2,500,000. 
(9) 
SMART
MANUFACTURING.—The 
term 
‘‘smart manufacturing’’ means advanced tech-
nologies in information, automation, monitoring, 
computation, sensing, modeling, and networking 
that— 
(A) digitally— 
(i) simulate manufacturing production 
lines;
842 
(ii) operate computer-controlled man-
ufacturing equipment; 
(iii) monitor and communicate pro-
duction line status; and 
(iv) manage and optimize energy pro-
ductivity and cost throughout production; 
(B) model, simulate, and optimize the en-
ergy efficiency of a factory building; 
(C) monitor and optimize building energy 
performance; 
(D) model, simulate, and optimize the de-
sign of energy efficient and sustainable prod-
ucts, including the use of digital prototyping 
and additive manufacturing to enhance product 
design; 
(E) connect manufactured products in net-
works to monitor and optimize the performance 
of the networks, including automated network 
operations; and 
(F) digitally connect the supply chain net-
work. 
SEC. 9102. 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, in consulta-
843 
tion with the National Academies, shall develop and com-
plete a national plan for smart manufacturing technology 
development 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; 
(B) result in greater energy efficiency and 
lower environmental impacts for all American 
manufacturers; and 
(C) enhance competitiveness and strength-
en 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 of Energy relating to 
smart manufacturing;
844 
(B) the establishment of voluntary inter-
connection protocols and performance stand-
ards; 
(C) use of smart manufacturing to improve 
energy efficiency and reduce emissions in sup-
ply chains across multiple companies; 
(D) actions to increase cybersecurity in 
smart manufacturing infrastructure; 
(E) deployment of existing research re-
sults; and 
(F) the leveraging of existing high-per-
formance computing infrastructure. 
(c) BIENNIAL REVISIONS.—Not later than 2 years 
after the date on which the Secretary completes the plan 
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 com-
munication 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.
845 
SEC. 9103. LEVERAGING EXISTING AGENCY PROGRAMS TO 
ASSIST SMALL AND MEDIUM MANUFACTUR-
ERS. 
(a) FINDINGS.—Congress finds that— 
(1) the Department of Energy has existing 
technical assistance programs that facilitate greater 
economic growth through outreach to and engage-
ment with small and medium manufacturers; 
(2) those technical assistance programs rep-
resent an important conduit for increasing the 
awareness of and providing education to small and 
medium manufacturers regarding the opportunities 
for implementing smart manufacturing; and 
(3) those technical assistance programs help fa-
cilitate the implementation of best practices. 
(b) EXPANSION OF TECHNICAL ASSISTANCE PRO-
GRAMS.—The Secretary shall expand the scope of tech-
nologies covered by the Industrial Assessment Centers of 
the Department of Energy— 
(1) to include smart manufacturing technologies 
and practices; and 
(2) to equip the directors of the Industrial As-
sessment Centers with the training and tools nec-
essary to provide technical assistance in smart man-
ufacturing technologies and practices, including en-
ergy management systems, to manufacturers.
846 
SEC. 9104. LEVERAGING SMART MANUFACTURING INFRA-
STRUCTURE AT NATIONAL LABORATORIES. 
(a) STUDY.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary shall conduct a study on how the Department 
of Energy can increase access to existing high-per-
formance computing resources in the National Lab-
oratories, particularly for small and medium manu-
facturers. 
(2) INCLUSIONS.—In identifying ways to in-
crease access to National Laboratories under para-
graph (1), the Secretary shall— 
(A) focus on increasing access to the com-
puting facilities of the National Laboratories; 
and 
(B) ensure that— 
(i) the information from the manufac-
turer is protected; and 
(ii) the security of the National Lab-
oratory facility is maintained. 
(3) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall 
submit to Congress a report describing the results of 
the study.
847 
(b) ACTIONS FOR INCREASED ACCESS.—The Sec-
retary shall facilitate access to the National Laboratories 
studied under subsection (a) for small and medium manu-
facturers so that small and medium manufacturers can 
fully use the high-performance computing resources of the 
National Laboratories to enhance the manufacturing com-
petitiveness of the United States. 
SEC. 9105. STATE LEADERSHIP GRANTS. 
(a) FINDING.—Congress finds that the States— 
(1) are committed to promoting domestic manu-
facturing and supporting robust economic develop-
ment activities; and 
(2) are uniquely positioned to assist manufac-
turers, particularly small and medium manufactur-
ers, with deployment of smart manufacturing 
through the provision of infrastructure, including— 
(A) access to shared supercomputing facili-
ties; 
(B) assistance in developing process sim-
ulations; and 
(C) conducting demonstrations of the bene-
fits of smart manufacturing. 
(b) GRANTS
AUTHORIZED.—The Secretary may 
make grants on a competitive basis to States for estab-
lishing State programs to be used as models for sup-
848 
porting the implementation of smart manufacturing tech-
nologies. 
(c) APPLICATION.— 
(1) IN GENERAL.—To be eligible to receive a 
grant under this section, a State shall submit to the 
Secretary an application at such time, in such man-
ner, and containing such information as the Sec-
retary may require. 
(2) CRITERIA.—The Secretary shall evaluate an 
application for a grant under this section on the 
basis of merit using criteria identified by the Sec-
retary, including— 
(A) the breadth of academic and private 
sector partners; 
(B) alternate sources of funding; 
(C) plans for dissemination of results; 
(D) the permanence of the infrastructure 
to be put in place by the project; and 
(E) whether the project will be of benefit 
or use to diverse and underserved communities. 
(d) REQUIREMENTS.— 
(1) TERM.—The term of a grant under this 
section shall not exceed 3 years.
850 
(g) FUNDING.—There is authorized to be appro-
priated to the Secretary to carry out this section 
$10,000,000 for each of fiscal years 2021 through 2025. 
SEC. 9106. REPORT. 
The Secretary annually shall submit to Congress and 
make publicly available a report on the progress made in 
advancing smart manufacturing in the United States. 
Subtitle B—American Innovation 
and Manufacturing Leadership 
SEC. 9201. DEFINITIONS. 
In this subtitle: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) 
ALLOWANCE.—The 
term 
‘‘allowance’’ 
means a limited authorization for the production or 
the consumption, as applicable, of a regulated sub-
stance in accordance with this subtitle. 
(3) CONSUMPTION.—The term ‘‘consumption’’ 
means, with respect to any regulated substance, the 
amount of that regulated substance produced in the 
United States, plus the amount imported, minus the 
amount exported. 
(4) CONSUMPTION BASELINE.—The term ‘‘con-
sumption baseline’’ means the baseline established
851 
for consumption of regulated substances under sec-
tion 9204(a)(2). 
(5) DESTROY.—The term ‘‘destroy’’ means de-
struction by process or technology as approved by 
regulation by the Administrator. 
(6) EXCHANGE VALUE.—The term ‘‘exchange 
value’’ means, for each regulated substance and each 
substance referenced in paragraph (1)(B), (1)(C), 
(2)(B), or (2)(C) of section 9204(a), the value by 
which the mass of such substance shall be multiplied 
for purposes of calculations under section 9204. 
(7) EXPORT.—The term ‘‘export’’ means the 
transport of a regulated substance from any place 
subject to the jurisdiction of the United States to 
any place not subject to the jurisdiction of the 
United States. 
(8) IMPORT.—The term ‘‘import’’ means to 
land on, bring into, or introduce into, or attempt to 
land on, bring into, or introduce into, any place sub-
ject to the jurisdiction of the United States, whether 
or not such landing, bringing, or introduction con-
stitutes an importation within the meaning of the 
customs laws of the United States.
852 
(9) PERSON.—The term ‘‘person’’ has the 
meaning given to such term in section 302 of the 
Clean Air Act (42 U.S.C. 7602). 
(10) PRODUCE, 
PRODUCED, 
AND
PRODUC-
TION.—The terms ‘‘produce’’, ‘‘produced’’, and 
‘‘production’’ refer to the manufacture in the United 
States of a regulated substance from any raw mate-
rial or feedstock chemical, but such terms do not in-
clude— 
(A) the manufacture of a regulated sub-
stance that is used and entirely consumed (ex-
cept for trace quantities) in the manufacture of 
other chemicals; 
(B) the reuse or recycling of a regulated 
substance; or 
(C) amounts that are destroyed. 
(11) PRODUCTION BASELINE.—The term ‘‘pro-
duction baseline’’ means the baseline established for 
production of regulated substances under section 
9204(a)(1). 
(12) RECLAIM, RECLAIMED, AND
RECLAIM-
ING.—The terms ‘‘reclaim’’, ‘‘reclaimed’’, and ‘‘re-
claiming’’ mean the reprocessing of a recovered reg-
ulated substance to, at a minimum, the purity speci-
fied by and verified in accordance with the Air-Con-
853 
ditioning, Heating, and Refrigeration Institute 
(AHRI) Standard 700–2016 (or an appropriate suc-
cessor standard adopted by the Administrator). 
(13) RECOVER AND RECOVERED.—The terms 
‘‘recover’’ and ‘‘recovered’’ mean the removal of a 
regulated substance in any condition from equipment 
and the storage of such regulated substance in an 
external container without necessarily testing or 
processing such regulated substance in any way. 
(14) REGULATED SUBSTANCE.—The term ‘‘reg-
ulated substance’’ means a substance on the list 
published pursuant to section 9202. 
(15) UNITED
STATES.—The term ‘‘United 
States’’ means any place subject to the jurisdiction 
of the United States. 
SEC. 9202. LISTING OF REGULATED SUBSTANCES. 
(a) LIST OF REGULATED SUBSTANCES.—The Ad-
ministrator shall maintain a list of regulated substances, 
listed by chemical name and common name. The Adminis-
trator shall publish such list and each update thereto in 
the Federal Register. Not later than 180 days after the 
date of enactment of this Act, the Administrator shall es-
tablish the initial such list. The initial list under this sub-
section shall contain the following:
854 
Table 1 
Chemical Name 
Common Name 
Exchange 
Value 
CHF2 CHF2 
HFC-134 
1100 
CH2FCF3 
HFC-134a 
1430 
CH2FCHF2 
HFC143 
353 
CHF2CH2CF3 
HFC-245fa 
1030 
CF3CH2CF2CH3 
HFC-365mfc 
794 
CF3CHFCF3 
HFC-227ea 
3220 
CH2FCF2CF3 
HFC-236cb 
1340 
CHF2CHFCF3 
HFC-236ea 
1370 
CF3CH2CF3 
HFC-236fa 
9810 
CH2FCF2CHF2 
HFC-245ca 
693 
CF3CHFCHFCF2CF3 
HFC-43–10mee 
1640 
CH2F2 
HFC-32 
675 
CHF2CF3 
HFC-125 
3500 
CH3CF3 
HFC-143a 
4470 
CH3F 
HFC-41 
CH2FCH2F 
HFC-152 
CH3CHF2 
HFC-152a 
124 
CHF3 
HFC-23 
14800 
(b) REQUIREMENTS.—The list required under sub-
section (a) shall include the exchange value of each regu-
lated substance, as set forth in table 1 of this section or, 
for additional regulated substances listed pursuant to sub-
section (c), as determined by the Administrator pursuant 
to the requirements of that subsection. 
(c) ADDITIONAL REGULATED SUBSTANCES.—The 
Administrator may, by regulation, add a substance to the 
list published under subsection (a) if such substance—
855 
(1) is a saturated hydrofluorocarbon; and 
(2) has an exchange value, as determined by 
the Administrator on the basis of widely used or 
commonly accepted credible current scientific infor-
mation relating to infrared absorption and kinetic 
rate constants, of not less than 53. 
(d) SAVINGS PROVISION.—Nothing in this section au-
thorizes the Administrator to add to the list under sub-
section (a), for purposes of phasing down production or 
consumption under section 9204, a blend of substances. 
The preceding sentence does not affect the authority of 
the Administrator to regulate a regulated substance within 
a blend of substances. 
SEC. 9203. MONITORING AND REPORTING REQUIREMENTS. 
(a) REPORTS.— 
(1) IN GENERAL.—On a periodic basis to be de-
termined by the Administrator, but which shall be 
not less than annually, each person who produced, 
imported, exported, reclaimed, destroyed, used and 
entirely consumed (except for trace quantities) in 
the manufacture of other chemicals, or used as a 
process agent a regulated substance shall submit a 
report to the Administrator setting forth the amount 
of each such substance that such person during the 
preceding reporting period—
856 
(A) produced; 
(B) imported; 
(C) exported; 
(D) reclaimed; 
(E) destroyed; 
(F) used and entirely consumed (except for 
trace quantities) in the manufacture of other 
chemicals; or 
(G) used as a process agent. 
(2) ATTESTATION.—Each report submitted 
under paragraph (1) shall be signed and attested by 
a responsible officer (as such term is used in section 
603(b) of the Clean Air Act (42 U.S.C. 7671b(b)). 
(b) CESSATION OF REPORTING REQUIREMENT.—If a 
person subject to subsection (a)(1) permanently ceases 
production, importation, exportation, reclaiming, destruc-
tion, use and entire consumption (except for trace quan-
tities), or process agent use, of a regulated substance, such 
person shall— 
(1) submit a report under such subsection for 
the reporting period in which such cessation occurs; 
(2) notify the Administrator of such cessation 
prior to the end of such reporting period; and
857 
(3) not be subject to such subsection with re-
spect to such regulated substance for subsequent re-
porting periods. 
(c) BASELINE REPORTS.— 
(1) INITIAL
REPORT.—Each person reporting 
pursuant to subsection (a)(1) shall include in the 
first required such report, in addition to the infor-
mation required by subsection (a)(1) to be reported 
for the applicable reporting period, the amount of 
each regulated substance, in each of calendar years 
2011 through 2013, produced, imported, exported, 
reclaimed, destroyed, used and entirely consumed 
(except for trace quantities) in the manufacture of 
other chemicals, or used as a process agent. 
(2) ADDITIONAL SUBSTANCES.—In the case of 
a substance added to the list of regulated substances 
pursuant to section 9202(c), each person who pro-
duced, imported, exported, reclaimed, destroyed, 
used and entirely consumed (except for trace quan-
tities) in the manufacture of other chemicals, or 
used as a process agent, such regulated substance, 
shall submit to the Administrator, not later than 
180 days after the date on which such substance is 
added to the list, a report setting forth the amount 
of the substance that such person produced, im-
858 
ported, exported, reclaimed, destroyed, used and en-
tirely consumed (except for trace quantities) in the 
manufacture of other chemicals, or used as a process 
agent in— 
(A) each of calendar years 2011 through 
2013; and 
(B) the calendar year in which this Act is 
enacted and each subsequent calendar year, if 
required by the Administrator in a regulation 
adding a substance to the list of regulated sub-
stances. 
(d) COORDINATION.—To the extent consistent with 
subsections (a) through (c), the Administrator may, by 
regulation, allow any person subject to the requirements 
of subsection (a)(1) to combine and include the informa-
tion required to be reported under that subsection with 
any other related information that the person is required 
to report to the Administrator. 
(e) REGULATIONS.—The Administrator shall promul-
gate regulations to implement this section. Not later than 
270 days after the date of enactment of this Act, the Ad-
ministrator shall promulgate such initial final regulations 
as may be necessary pursuant to the preceding sentence. 
SEC. 9204. PHASEDOWN OF REGULATED SUBSTANCES. 
(a) BASELINES.—
859 
(1) PRODUCTION BASELINE.—The baseline for 
the phasedown of the production of regulated sub-
stances shall be the sum of— 
(A) the sum of the products of— 
(i) the average annual production in 
the United States of each regulated sub-
stance during the 3-year period of calendar 
years 2011, 2012, and 2013; multiplied by 
(ii) the respective exchange value of 
each regulated substance; 
(B) an amount equal to 15 percent of the 
sum of the products of— 
(i) the average production in the 
United 
States 
of 
each 
hydrochlorofluorocarbon in 1989; multi-
plied by 
(ii) the respective exchange value of 
each such hydrochlorofluorocarbon; and 
(C) an amount equal to 0.42 percent of the 
sum of the products of— 
(i) the average production in the 
United States of each chlorofluorocarbon 
in 1989; multiplied by 
(ii) the respective exchange value of 
each such chlorofluorocarbon.
860 
(2) CONSUMPTION BASELINE.—The baseline for 
the phasedown of the consumption of regulated sub-
stances shall be the sum of— 
(A) an amount equal to the sum of the 
products of— 
(i) the average annual consumption in 
the United States of each regulated sub-
stance during the 3-year period of calendar 
years 2011, 2012, and 2013; multiplied by 
(ii) the respective exchange value of 
each such regulated substance; 
(B) an amount equal to 15 percent of the 
sum of the products of— 
(i) the average consumption in the 
United 
States 
of 
each 
hydrochlorofluorocarbon in 1989; multi-
plied by 
(ii) the respective exchange value of 
each such hydrochlorofluorocarbon; and 
(C) an amount equal to 0.42 percent of the 
sum of the products of— 
(i) the average consumption in the 
United States of each chlorofluorocarbon 
in 1989; multiplied by
861 
(ii) the respective exchange value of 
each such chlorofluorocarbon. 
(3) EXCHANGE
VALUES.—For purposes of 
paragraphs (1) and (2), the following exchange val-
ues 
for 
hydrochlorofluorocarbons 
and 
chlorofluorocarbons respectively shall apply: 
Table 2 
Chemical Name 
Common Name 
Exchange 
Value 
CHFCl2 
HCFC-21 
151 
CHF2Cl 
HCFC-22 
1810 
C2HF3Cl2 
HCFC-123 
C2HF4Cl 
HCFC-124 
609 
CH3CFCl2 
HCFC-141b 
725 
CH3CF2Cl 
HCFC-142b 
2310 
CF3CF2CHCl2 
HCFC-225ca 
122 
CF2ClCF2CHClF 
HCFC-225cb 
595 
Table 3 
Chemical Name 
Common Name 
Exchange 
Value 
CFCl3 
CFC-11 
4750 
CF2Cl2 
CFC-12 
10900 
C2F3Cl3 
CFC-113 
6130 
C2F4Cl2 
CFC-114 
10000 
C2F5Cl 
CFC-115 
7370 
(b) ALLOWANCES.— 
(1) FRAMEWORK REGULATIONS.—The Adminis-
trator shall, by regulation, establish an allowance al-
location and trading program to phase down the 
production and the consumption of regulated sub-
862 
stances in accordance with this section. Not later 
than 270 days after the date of enactment of this 
Act, the Administrator shall promulgate such final 
regulations as may be necessary to establish the pro-
gram required by the preceding sentence. 
(2) ALLOCATIONS.—Not later than October 1 
of each calendar year following the promulgation of 
final regulations pursuant to the second sentence of 
paragraph (1): 
(A) The Administrator shall establish a 
quantity of production allowances and a quan-
tity of consumption allowances. The quantities 
established pursuant to this paragraph shall not 
exceed the applicable percentages of the produc-
tion baseline and of the consumption baseline 
for the calendar year involved as specified in 
the following table 4: 
Table 4 
Calendar year 
Percentage of 
Production 
Baseline 
Percentage of 
Consumption 
Baseline 
through 2023 
90% 
90% 
2024 through 2028 
60% 
60% 
2029 through 2033 
30% 
30% 
2034 through 2035 
20% 
20% 
2036 and subsequent years 
15% 
15%
863 
(B) The Administrator shall, by regulation, 
allocate such production allowances and con-
sumption allowances up to the quantities of 
such allowances established pursuant to this 
paragraph for the succeeding calendar year. 
The Administrator may, at the Administrator’s 
discretion, so allocate allowances through a sin-
gle rulemaking for multiple succeeding calendar 
years. 
(3) PROHIBITION.—Effective January 1 of the 
calendar year immediately following the issuance of 
a final regulation pursuant to the second sentence of 
paragraph (1), it shall be unlawful for a person to 
do any of the following: 
(A) Production of a regulated substance 
without holding a production allowance that au-
thorizes such production. 
(B) Consumption of a regulated substance 
without holding a consumption allowance that 
authorizes such consumption. 
(C) Holding, using, or transferring any 
production allowance or consumption allowance 
allocated under this section, except in accord-
ance with regulations promulgated by the Ad-
ministrator pursuant to paragraphs (1) and (2).
864 
(4) NATURE OF ALLOWANCES.—An allowance 
does not constitute a property right. Nothing in this 
subtitle or in any other provision of law shall be con-
strued to limit the authority of the United States to 
terminate or limit the authorization for the produc-
tion or consumption of a regulated substance, as ap-
plicable, granted by the allowance. 
(5) COMPLIANCE.—For each year listed in table 
4, the Administrator shall ensure that the annual 
quantity of production or consumption in the United 
States of all regulated substances does not exceed 
the product obtained by multiplying the production 
baseline or consumption baseline, as applicable, and 
the applicable percentage listed in table 4. 
(c) TRANSFERS.—The regulations required by sub-
section (b)(1) shall— 
(1) utilize the exchange values for each regu-
lated substance established by or pursuant to section 
9202; 
(2) ensure that transfers of production allow-
ances and consumption allowances will result in 
greater total reductions in the annual production or 
consumption, as applicable, of regulated substances 
than would occur in that year in the absence of such 
transfers; and
865 
(3) authorize the transfer of production allow-
ances or consumption allowances among two or more 
persons only if the transferor and transferee are 
subject to an enforceable and quantifiable reduction 
in, respectively, annual production or consumption. 
(d) SCHEDULE.— 
(1) IN GENERAL.— 
(A) REGULATIONS.—Subject to paragraph 
(3), the Administrator may, in response to a pe-
tition submitted to the Administrator in accord-
ance with paragraph (2), promulgate regula-
tions which establish a schedule for phasing 
down the production and the consumption of 
regulated substances that is more stringent 
than set forth in table 4 in subsection (b), if, 
based on the availability of substitutes for regu-
lated substances, the Administrator determines 
that such more stringent schedule is prac-
ticable, 
taking 
into 
account 
technological 
achievability, commercial demands, safety, and 
other relevant factors, including the quantities 
of regulated substances available from reclaim-
ing or from prior production or prior import. 
(B) UNIFORM APPLICATION.—In any regu-
lations under subparagraph (A), the Adminis-
866 
trator shall apply any more stringent phase-
down schedule uniformly to the allocation of 
production allowances and consumption allow-
ances as provided under subsection (b). 
(2) PETITION.— 
(A) SUBMISSION.—Any person may peti-
tion the Administrator to promulgate regula-
tions under this subsection. 
(B) 
DISPOSITION.—The 
Administrator 
shall grant or deny any petition under subpara-
graph (A) within 270 days after receipt of any 
such petition. 
(C) DENIAL.—If the Administrator denies 
any such petition, the Administrator shall pub-
lish in the Federal Register an explanation of 
why the petition was denied. 
(D) GRANTING.—If the Administrator 
grants any such petition, the Administrator 
shall— 
(i) propose regulations implementing 
a more stringent phasedown schedule not 
later than 270 days after granting the pe-
tition; and 
(ii) promulgate final regulations im-
plementing a more stringent phasedown
867 
schedule not later than 365 days after pro-
posing such regulations. 
(E) PUBLIC AVAILABILITY.—The Adminis-
trator shall— 
(i) submit for publication in the Fed-
eral Register a notice of the availability of 
each petition received pursuant to this 
paragraph not later than 60 days after re-
ceipt of such petition; and 
(ii) shall make each such petition 
available in full upon request. 
(F) REQUIRED
SHOWING.—Any petition 
under subparagraph (A) shall include a showing 
by the petitioner that there are adequate data 
to support the petition. 
(G) INSUFFICIENT INFORMATION.—If the 
Administrator determines that data are not 
adequate to grant or deny the petition, the Ad-
ministrator shall use any authority available to 
the Administrator, under any applicable law, to 
acquire such data. 
(3) LIMITATION.—The Administrator may not 
promulgate a more stringent phasedown schedule 
under this subsection applicable to any calendar year 
prior to calendar year 2024.
868 
(e) ESSENTIAL USES.— 
(1) PETITION; AUTHORIZATION.—The Adminis-
trator may, by regulation, allocate to a person addi-
tional production allowances or consumption allow-
ances to authorize the production or consumption, 
respectively, beginning with calendar year 2034, for 
a period of up to 5 years, of a regulated substance 
in an amount up to 10 percent of the quantity of 
production or consumption of such regulated sub-
stance contributed by such person to the production 
baseline or the consumption baseline, as applicable, 
if the Administrator finds, based on a petition by 
such person, that— 
(A) such excess production or consumption 
is exclusively for an application with respect to 
which no substitute is available during such pe-
riod, considering technological achievability, 
commercial demands, safety, and other relevant 
factors; and 
(B) the available supply of such regulated 
substance, including any quantities of such reg-
ulated substance available from reclaiming, 
prior production, or prior import, and allow-
ances for such regulated substance, are insuffi-
cient to accommodate such application.
869 
(2) EXTENSION.—The Administrator may, by 
regulation, allocate additional production allowances 
or consumption allowances, for additional periods of 
up to 5 years, in an amount up to 10 percent of the 
quantity of production or consumption of the regu-
lated substance contributed by the person involved to 
the production baseline or the consumption baseline, 
as applicable, if the Administrator finds, based on a 
petition by such person, that the criteria described 
in subparagraphs (A) and (B) of paragraph (1) con-
tinue to be satisfied. 
(3) EXCEPTION.—The Administrator may allo-
cate production allowances or consumption allow-
ances pursuant to this subsection in amounts that 
cause the total quantity of production allowances or 
consumption allowances in a year to exceed the max-
imum quantity permissible under subsection (b) for 
that year. 
(f) EXPORTS.— 
(1) EXPORTS OF EXCESS AMOUNTS.— 
(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C) and paragraph (2), the Ad-
ministrator may, by regulation, issue additional 
production allowances for renewable periods of 
up to 5 years to a person to produce a regu-
870 
lated substance at a facility located in the 
United States in excess of the amount author-
ized by the production allowances otherwise 
held by that person solely for export to, and use 
in, a foreign country. 
(B) 
PETITION
REQUIRED.—Prior 
to 
issuing any additional production allowances to 
a person pursuant to subparagraph (A), the 
Administrator shall require the person to sub-
mit a petition in such manner and containing 
such information as the Administration may by 
regulation require. 
(C) LIMITATION.—The Administrator shall 
not issue any production allowances pursuant to 
subparagraph (A) in amounts that would cause 
the total quantity of production allowances in a 
year to exceed the maximum quantity of pro-
duction allowances permissible under subsection 
(b) for that year. 
(2) PROHIBITED EXPORT FOR CERTAIN COUN-
TRIES.—Beginning on January 1, 2033, no person 
subject to the requirements of this subtitle shall ex-
port a regulated substance to a foreign country that 
is not identified by the Administrator as having en-
acted or otherwise established the same or similar
871 
requirements or otherwise undertaken commitments 
regarding the production and the consumption of 
regulated substances as are contained in this sub-
title. 
SEC. 9205. MANAGEMENT OF REGULATED SUBSTANCES. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Administrator should provide for a safe 
hydrofluorocarbon transition by ensuring that heating, 
ventilation, air conditioning, and refrigeration practi-
tioners are positioned to comply with safe servicing, re-
pair, disposal, or installation procedures. 
(b) REGULATIONS.— 
(1) IN GENERAL.—Not later than 24 months 
after the date of enactment of this Act, the Adminis-
trator shall, for purposes of maximizing reclaiming, 
minimizing the release of a regulated substance from 
equipment, and ensuring the safety of technicians 
and consumers, promulgate regulations to control, 
where appropriate, any practice, process, or activity 
regarding the servicing, repair, disposal, or installa-
tion of equipment that involves a regulated sub-
stance or a substitute for a regulated substance, in-
cluding the reclaiming of a regulated substance or a 
substitute for a regulated substance.
872 
(2) MINIMUM
STANDARDS.—The regulations 
promulgated under paragraph (1) may include, 
where appropriate, that any such servicing, repair, 
disposal, or installation be performed by a trained 
technician meeting minimum standards, as deter-
mined by the Administrator. 
(c) RECLAIM.— 
(1) CONSIDERATION.—The Administrator shall 
consider the use of any authority available to the 
Administrator under this subtitle to increase oppor-
tunities for the reclaiming of regulated substances. 
(2) REQUIREMENT.—Any regulated substance 
that is recovered shall be reclaimed before such reg-
ulated substance is sold or transferred to a new 
owner, except where such recovered regulated sub-
stance is sold or transferred to a new owner solely 
for the purposes of being reclaimed or destroyed. 
(d) COORDINATION.—In promulgating regulations to 
implement this section, the Administrator may coordinate 
such regulations with any other regulations promulgated 
by the Administrator that involve— 
(1) the same or similar practice, process, or ac-
tivity regarding the servicing, repair, disposal, or in-
stallation of equipment; or 
(2) reclaiming.
873 
(e) INAPPLICABILITY.—Subsections (a) through (d) 
do not apply with respect to a regulated substance or a 
substitute for a regulated substance that is contained in 
a foam. 
SEC. 9206. TECHNOLOGY TRANSITIONS. 
(a) AUTHORITY.—The Administrator may, by regula-
tion and in accordance with this section, prohibit or re-
strict, including through a graduated schedule, the use of 
a regulated substance in a sector or subsector in which 
such regulated substance is used. 
(b) NEGOTIATED RULEMAKING.—The Administrator 
shall consider negotiating and developing a proposed regu-
lation under this section in accordance with the negotiated 
rulemaking procedure under subchapter III of chapter 5 
of title 5, United States Code (commonly referred to as 
the ‘‘Negotiated Rulemaking Act of 1990’’). If the Admin-
istrator decides to proceed with a negotiated rulemaking, 
the Administrator shall, to the extent the Administrator 
deems practicable, give priority to completing that rule-
making 
over 
completing 
concurrent 
non-negotiated 
rulemakings pursuant to this section. If the Administrator 
decides not to proceed with a negotiated rulemaking, the 
Administrator shall include an explanation of such deci-
sion in any proposed regulation published pursuant to this 
section.
874 
(c) PETITION.— 
(1) SUBMISSION.—Any person may petition the 
Administrator to promulgate regulations under this 
section to prohibit or restrict the use of a regulated 
substance in a sector or subsector. 
(2) DISPOSITION.—The Administrator shall 
grant or deny a petition received pursuant to para-
graph (1) not later than 180 days after receipt of 
such petition. 
(3) DENIAL.—If the Administrator denies a pe-
tition received pursuant to paragraph (1), the Ad-
ministrator shall publish in the Federal Register an 
explanation of the Administrator’s decision. 
(4) GRANTING.—If the Administrator grants a 
petition received pursuant to paragraph (1), the Ad-
ministrator shall— 
(A) propose regulations prohibiting or re-
stricting the use of the regulated substance in 
the sector or subsector under subsection (a) not 
later than 270 days after granting such peti-
tion; and 
(B) promulgate final regulations prohib-
iting or restricting the use of the regulated sub-
stance in the sector or subsector under sub-
875 
section (a) not later than 365 days after pro-
posing such regulations. 
(5) PUBLIC AVAILABILITY.—The Administrator 
shall— 
(A) submit for publication in the Federal 
Register a notice of the availability of each peti-
tion received pursuant to this subsection not 
later than 60 days after receipt of such petition; 
and 
(B) shall make each such petition available 
in full upon request. 
(d) CRITERIA.—In promulgating regulations under 
this section, the Administrator shall consider— 
(1) promoting and supporting domestic eco-
nomic development; 
(2) maximizing protections for human health 
and the environment; 
(3) minimizing costs for the production, use, 
and reclaiming of regulated substances; 
(4) maximizing flexibility for the recovery, re-
claiming, and re-use of regulated substances; 
(5) ensuring consumer safety; 
(6) the availability of substitutes for regulated 
substances, 
taking 
into 
account 
technological 
achievability, commercial demands, safety, and other
876 
relevant factors, including lead times for equipment 
conversion; and 
(7) minimizing any costs to consumers. 
(e) EVALUATION.—For purposes of this subtitle, the 
Administrator shall— 
(1) on an ongoing basis, evaluate the avail-
ability of substitutes for regulated substances in a 
sector or subsector, taking into account technological 
achievability, commercial demands, safety, and other 
relevant factors, including lead times for equipment 
conversion; and 
(2) maintain a public clearinghouse of such 
substitutes by sector and subsector, as applicable. 
(f) COORDINATION.—In promulgating regulations to 
prohibit or restrict the use of a regulated substance in a 
sector or subsector under this section, the Administrator 
may coordinate such regulations with any other regula-
tions pertaining to currently or potentially available sub-
stitutes for regulated substances. 
SEC. 9207. RULEMAKING AUTHORITY. 
(a) RULEMAKINGS.—The Administrator may promul-
gate such regulations as are necessary to carry out the 
functions of the Administrator under this subtitle. 
(b) DELEGATION.—The Administrator may delegate 
to any officer or employee of the Environmental Protection
877 
Agency such of the powers and duties of the Administrator 
under this subtitle as the Administrator determines to be 
appropriate. 
(c) REQUIREMENTS.—In exercising any requirement 
or authority in this subtitle to act by regulation or to pro-
mulgate regulations, the Administrator shall comply with 
the requirements of section 307(d) of the Clean Air Act 
(42 U.S.C. 7607(d)). 
SEC. 9208. RELATIONSHIP TO OTHER LAWS. 
Sections 113, 114, 304, and 307 of the Clean Air 
Act (42 U.S.C. 7413, 7414, 7604, 7607) shall apply to 
this subtitle and any regulations promulgated by the Ad-
ministrator pursuant to this subtitle as though this sub-
title were included in title VI of the Clean Air Act (42 
U.S.C. 7671 et seq.). 
Subtitle C—Clean Industrial 
Technology 
SEC. 9301. PURPOSE. 
The purpose of this subtitle and the amendments 
made by this subtitle is to encourage the development and 
evaluation of innovative technologies aimed at increas-
ing— 
(1) the technological and economic competitive-
ness of industry and manufacturing in the United 
States; and
878 
(2) the emissions reduction of nonpower indus-
trial sectors. 
SEC. 9302. INDUSTRIAL EMISSIONS REDUCTION TECH-
NOLOGY DEVELOPMENT PROGRAM. 
(a) IN GENERAL.—Subtitle D of title IV of the En-
ergy Independence and Security Act of 2007, as amended 
by this Act, is further amended by adding at the end the 
following: 
‘‘SEC. 455. INDUSTRIAL EMISSIONS REDUCTION TECH-
NOLOGY DEVELOPMENT PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) DIRECTOR.—The term ‘Director’ means 
the Director of the Office of Science and Technology 
Policy. 
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) a scientist or other individual with 
knowledge and expertise in emissions reduction; 
‘‘(B) an institution of higher education; 
‘‘(C) a nongovernmental organization; 
‘‘(D) a National Laboratory; 
‘‘(E) a private entity; and 
‘‘(F) a partnership or consortium of 2 or 
more entities described in subparagraphs (B) 
through (E).
879 
‘‘(3) EMISSIONS REDUCTION.— 
‘‘(A) IN GENERAL.—The term ‘emissions 
reduction’ means the reduction, to the max-
imum extent practicable, of net nonwater green-
house gas emissions to the atmosphere by en-
ergy services and industrial processes. 
‘‘(B) EXCLUSION.—The term ‘emissions 
reduction’ does not include the elimination of 
carbon embodied in the principal products of in-
dustrial manufacturing. 
‘‘(4) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given the term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001). 
‘‘(5) PROGRAM.—The term ‘program’ means 
the program established under subsection (b)(1). 
‘‘(6) CRITICAL MATERIAL OR MINERAL.—The 
term ‘critical material or mineral’ means a material 
or mineral that serves an essential function in the 
manufacturing of a product and has a high risk of 
a supply disruption, such that a shortage of such a 
material or mineral would have significant con-
sequences for United States economic or national se-
curity.
880 
‘‘(b) INDUSTRIAL EMISSIONS REDUCTION TECH-
NOLOGY DEVELOPMENT PROGRAM.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this section, the Secretary, 
in coordination with the Director and in consultation 
with the heads of relevant Federal agencies, Na-
tional Laboratories, industry, and institutions of 
higher education, shall establish a crosscutting re-
search, development, and demonstration program to 
further the development and commercial application 
of innovative industrial emissions reduction tech-
nologies that— 
‘‘(A) increase the technological and eco-
nomic competitiveness of industry and manufac-
turing in the United States; and 
‘‘(B) 
achieve 
emissions 
reduction 
in 
nonpower industrial sectors. 
‘‘(2) COORDINATION.—In carrying out the pro-
gram, the Secretary shall, to the maximum extent 
practicable— 
‘‘(A) coordinate with each relevant office in 
the Department and any other Federal agency; 
‘‘(B) coordinate and collaborate with the 
Industrial 
Technology 
Innovation 
Advisory 
Committee established under section 456; and
881 
‘‘(C) coordinate with the energy-intensive 
industries program established under section 
452. 
‘‘(3) LEVERAGE OF EXISTING RESOURCES.—In 
carrying out the program, the Secretary shall lever-
age, to the maximum extent practicable— 
‘‘(A) existing resources and programs of 
the Department and other relevant Federal 
agencies; and 
‘‘(B) public-private partnerships. 
‘‘(c) FOCUS AREAS.—The program shall focus on, to 
the maximum extent practicable— 
‘‘(1) industrial production processes, including 
technologies and processes that— 
‘‘(A) achieve emissions reduction in high- 
emissions industrial materials production proc-
esses, including production processes for iron, 
steel, steel mill products, aluminum, cement, 
concrete, glass, pulp, paper, and industrial ce-
ramics; 
‘‘(B) 
achieve 
emissions 
reduction 
in 
medium- and high-temperature heat generation, 
including— 
‘‘(i) through electrification of heating 
processes;
882 
‘‘(ii) through renewable heat genera-
tion technology; 
‘‘(iii) through combined heat and 
power; and 
‘‘(iv) by switching to alternative fuels, 
including hydrogen; 
‘‘(C) achieve emissions reduction in chem-
ical production processes; 
‘‘(D) leverage smart manufacturing tech-
nologies and principles, digital manufacturing 
technologies, and advanced data analytics to de-
velop advanced technologies and practices in in-
formation, automation, monitoring, computa-
tion, sensing, modeling, and networking that— 
‘‘(i) simulate manufacturing produc-
tion lines; 
‘‘(ii) monitor and communicate pro-
duction line status; 
‘‘(iii) manage and optimize energy 
productivity and cost throughout produc-
tion; and 
‘‘(iv) model, simulate, and optimize 
the energy efficiency of manufacturing 
processes;
883 
‘‘(E) leverage the principles of sustainable 
manufacturing and sustainable chemistry to 
minimize the negative environmental impacts of 
manufacturing while conserving energy and re-
sources, including— 
‘‘(i) by designing products that enable 
reuse, 
refurbishment, 
remanufacturing, 
and recycling; 
‘‘(ii) by minimizing waste from indus-
trial processes; and 
‘‘(iii) by reducing resource intensity; 
and 
‘‘(F) increase the energy efficiency of in-
dustrial processes; 
‘‘(2) alternative materials that produce fewer 
emissions during production and result in fewer 
emissions during use, including— 
‘‘(A) high-performance lightweight mate-
rials; and 
‘‘(B) substitutions for critical materials 
and minerals; 
‘‘(3) development of net-zero emissions liquid 
and gaseous fuels;
884 
‘‘(4) emissions reduction in shipping, aviation, 
and long distance transportation, including through 
the use of alternative fuels; 
‘‘(5) carbon capture technologies for industrial 
processes; 
‘‘(6) high-performance computing to develop ad-
vanced materials and manufacturing processes con-
tributing to the focus areas described in paragraphs 
(1) through (5), including— 
‘‘(A) modeling, simulation, and optimiza-
tion to design energy efficient and sustainable 
products; and 
‘‘(B) the use of digital prototyping and ad-
ditive manufacturing to enhance product de-
sign; 
‘‘(7) other technologies that achieve net-zero 
emissions in nonpower industrial sectors as deter-
mined by Secretary in coordination with the Direc-
tor; 
‘‘(8) incorporation of sustainable and green 
chemistry and engineering principles, practices, and 
methodologies, as the Secretary determines appro-
priate; and
885 
‘‘(9) other research or technology areas identi-
fied in the Emissions Reduction Roadmap author-
ized in section 456. 
‘‘(d) GRANTS, CONTRACTS, COOPERATIVE AGREE-
MENTS, AND DEMONSTRATION PROJECTS.— 
‘‘(1) GRANTS.—In carrying out the program, 
the Secretary shall award grants on a competitive 
basis to eligible entities for projects that the Sec-
retary determines would best achieve the goals of the 
program. 
‘‘(2) CONTRACTS
AND
COOPERATIVE
AGREE-
MENTS.—In carrying out the program, the Secretary 
may enter into contracts and cooperative agreements 
with eligible entities and Federal agencies for 
projects that the Secretary determines would further 
the purposes of the program. 
‘‘(3) DEMONSTRATION
PROJECTS.—In sup-
porting technologies developed under this section, 
the Secretary shall fund demonstration projects that 
test and validate technologies described in subsection 
(c). 
‘‘(4) COST SHARING.—In awarding funds under 
this section, the Secretary shall require cost sharing 
in accordance with section 988 of the Energy Policy 
Act of 2005 (42 U.S.C. 16352).
886 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary to carry 
out the demonstration projects authorized in subsection 
(d)(3)— 
‘‘(1) $20,000,000 for fiscal year 2021; 
‘‘(2) $80,000,000 for fiscal year 2022; 
‘‘(3) $100,000,000 for fiscal year 2023; 
‘‘(4) $150,000,000 for fiscal year 2024; and 
‘‘(5) $150,000,000 for fiscal year 2025. 
‘‘(f) COORDINATION.—The Secretary shall carry out 
the activities authorized in this section in accordance with 
section 203 of the Department of Energy Research and 
Innovation Act (42 U.S.C. 18631).’’. 
(b) TECHNICAL AMENDMENT.—The table of contents 
of the Energy Independence and Security Act of 2007 
(Public Law 110–140; 121 Stat. 1494) is amended by in-
serting after the item relating to section 454 (as added 
by this Act) the following: 
‘‘Sec. 455. Industrial emissions reduction technology development program.’’. 
SEC. 9303. INDUSTRIAL TECHNOLOGY INNOVATION ADVI-
SORY COMMITTEE. 
(a) IN GENERAL.—Subtitle D of title IV of the En-
ergy Independence and Security Act of 2007, as amended 
by this Act, is further amended by adding at the end the 
following:
887 
‘‘SEC. 456. INDUSTRIAL TECHNOLOGY INNOVATION ADVI-
SORY COMMITTEE. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) 
COMMITTEE.—The 
term 
‘Committee’ 
means the Industrial Technology Innovation Advi-
sory Committee established under subsection (b). 
‘‘(2) DIRECTOR.—The term ‘Director’ means 
the Director of the Office of Science and Technology 
Policy. 
‘‘(3) EMISSIONS REDUCTION.—The term ‘emis-
sions reduction’ has the meaning given the term in 
section 455(a). 
‘‘(4) PROGRAM.—The term ‘program’ means 
the industrial emissions reduction technology devel-
opment 
program 
established 
under 
section 
455(b)(1). 
‘‘(b) ESTABLISHMENT.—Not later than 180 days 
after the date of enactment of this section, the Secretary, 
in coordination with the Director, shall establish an advi-
sory committee, to be known as the ‘Industrial Technology 
Innovation Advisory Committee’. 
‘‘(c) MEMBERSHIP.— 
‘‘(1) APPOINTMENT.—The Committee shall be 
comprised of not fewer than 15 members, who shall 
be appointed by the Secretary, in coordination with 
the Director.
888 
‘‘(2) REPRESENTATION.—Members appointed 
pursuant to paragraph (1) shall include— 
‘‘(A) not less than 1 representative of each 
relevant Federal agency, as determined by the 
Secretary; 
‘‘(B) not less than 2 representatives of 
labor groups; 
‘‘(C) not less than 3 representatives of the 
research community, which shall include aca-
demia and National Laboratories; 
‘‘(D) not less than 2 representatives of 
nongovernmental organizations; 
‘‘(E) not less than 6 representatives of in-
dustry, the collective expertise of which shall 
cover every focus area described in section 
455(c); 
‘‘(F) not less than 1 representative of a 
State government; and 
‘‘(G) any other individual whom the Sec-
retary, in coordination with the Director, deter-
mines to be necessary to ensure that the Com-
mittee is comprised of a diverse group of rep-
resentatives of industry, academia, independent 
researchers, and public and private entities.
889 
‘‘(3) CHAIR.—The Secretary shall designate a 
member of the Committee to serve as Chair. 
‘‘(d) DUTIES.— 
‘‘(1) IN GENERAL.—The Committee shall— 
‘‘(A) in consultation with the Secretary 
and the Director, develop the missions and 
goals of the program, which shall be consistent 
with the purposes of the program described in 
section 455(b)(1); 
‘‘(B) advise the Secretary and the Director 
with respect to the program— 
‘‘(i) by identifying and evaluating any 
technologies being developed by the private 
sector or other Federal agencies relating to 
the focus areas described in section 455(c); 
‘‘(ii) by identifying technology gaps in 
the private sector in those focus areas, and 
making recommendations to address those 
gaps; 
‘‘(iii) by surveying and analyzing fac-
tors that prevent the adoption of emissions 
reduction technologies by the private sec-
tor; and 
‘‘(iv) by recommending technology 
screening criteria for technology developed
890 
under the program to encourage adoption 
of the technology by the private sector; and 
‘‘(C) develop the roadmap described in 
paragraph (2). 
‘‘(2) EMISSIONS REDUCTION ROADMAP.— 
‘‘(A) PURPOSE.—The purpose of the road-
map developed under paragraph (1)(C) is to set 
forth a plan for achieving the goals of the pro-
gram established in section 455(b)(1), including 
for the focus areas described in section 455(c). 
‘‘(B) CONTENTS.—The roadmap developed 
under paragraph (1)(C) shall— 
‘‘(i) specify near-term and long-term 
qualitative and quantitative objectives re-
lating to each focus area described in sec-
tion 455(c), including research, develop-
ment, demonstration, and commercial ap-
plication objectives; 
‘‘(ii) leverage existing roadmaps rel-
evant to the program in section 455(b)(1) 
and the focus areas in section 455(c); 
‘‘(iii) specify the anticipated time-
frame for achieving the objectives specified 
under clause (i);
891 
‘‘(iv) include plans for developing 
emissions reduction technologies that are 
globally cost-competitive, including in de-
veloping economies; and 
‘‘(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). 
‘‘(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 ap-
pointed 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 this section, and not 
less frequently than once every 3 years thereafter, 
the Committee shall submit to the Secretary a re-
port on the progress of achieving the purposes of the 
program.
892 
‘‘(2) CONTENTS.—The report under paragraph 
(1) shall include— 
‘‘(A) a description of any technology inno-
vation opportunities identified by the Com-
mittee; 
‘‘(B) a description of any technology gaps 
identified by the Committee under subsection 
(d)(1)(B)(ii); 
‘‘(C) a review of the management, tech-
nology screening, coordination, and industry 
utility 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 
455(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) the roadmap developed by the Com-
mittee under subsection (d)(1)(C);
893 
‘‘(H) the progress made in achieving the 
goals set out in that roadmap; 
‘‘(I) 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 
455(c); and 
‘‘(J) an assessment of the effectiveness of 
the program in coordinating efforts within the 
Department and with other Federal agencies to 
achieve the purposes of the program. 
‘‘(g) REPORT TO CONGRESS.—Not later than 60 days 
after receiving a report from the Committee under sub-
section (f), the Secretary shall submit a copy of that re-
port to the Committee on Science, Space, and Technology 
of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate. 
‘‘(h) APPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.—Except as otherwise provided in this sec-
tion, the Federal Advisory Committee Act (5 U.S.C. App.) 
shall apply to the Committee.’’. 
(b) TECHNICAL AMENDMENT.—The table of contents 
of the Energy Independence and Security Act of 2007 
(Public Law 110–140; 121 Stat. 1494) is amended by in-
894 
serting after the item relating to section 455 (as added 
by this Act) the following: 
‘‘Sec. 456. Industrial Technology Innovation Advisory Committee.’’. 
SEC. 9304. TECHNICAL ASSISTANCE PROGRAM TO IMPLE-
MENT INDUSTRIAL EMISSIONS REDUCTION. 
(a) IN GENERAL.—Subtitle D of title IV of the En-
ergy Independence and Security Act of 2007, as amended 
by this Act, is further amended by adding at the end the 
following: 
‘‘SEC. 457. TECHNICAL ASSISTANCE PROGRAM TO IMPLE-
MENT INDUSTRIAL EMISSIONS REDUCTION. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ 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, in-
cluding an energy office; 
‘‘(E) a tribal organization (as defined in 
section 3765 of title 38, United States Code); 
‘‘(F) an institution of higher education; 
‘‘(G) a private entity; and 
‘‘(H) a trade association or technical soci-
ety.
895 
‘‘(2) EMISSIONS REDUCTION.—The term ‘emis-
sions reduction’ has the meaning given the term in 
section 455(a). 
‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given the term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001). 
‘‘(4) PROGRAM.—The term ‘program’ means 
the program established under subsection (b). 
‘‘(b) ESTABLISHMENT.—Not later than one year 
after the date of enactment of this section, 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 
program established in section 455(b). 
‘‘(c) APPLICATIONS.— 
‘‘(1) 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. 
‘‘(2) PRIORITIES.—In selecting eligible entities 
for technical assistance under the program, the Sec-
retary shall give priority to an eligible entity— 
‘‘(A) carrying out a commercial application 
of technology that has the greatest potential for
896 
emissions reduction in nonpower industrial sec-
tors; 
‘‘(B) located in a State that has histori-
cally relied on industrial sectors for a substan-
tial portion of the State economy, as deter-
mined by the Secretary, taking into account 
employment data, per capita income, and other 
indicators of economic output in the State; or 
‘‘(C) located in a State that has experi-
enced significant decline in the economic con-
tribution of industry to the State.’’. 
(b) TECHNICAL AMENDMENT.—The table of contents 
of the Energy Independence and Security Act of 2007 
(Public Law 110–140; 121 Stat. 1494) is amended by in-
serting after the item relating to section 456 (as added 
by this Act) the following: 
‘‘Sec. 457. Technical assistance program to implement industrial emissions re-
duction.’’. 
SEC. 9305. COORDINATION OF RESEARCH AND DEVELOP-
MENT 
OF 
ENERGY 
EFFICIENT 
TECH-
NOLOGIES FOR INDUSTRY. 
Section 6(a) of the American Energy Manufacturing 
Technical Corrections Act (42 U.S.C. 6351(a)) is amend-
ed—
897 
(1) by striking ‘‘Industrial Technologies Pro-
gram’’ each place it appears and inserting ‘‘Ad-
vanced Manufacturing Office’’; and 
(2) in the matter preceding paragraph (1), by 
striking ‘‘Office of Energy’’ and all that follows 
through ‘‘Office of Science’’ and inserting ‘‘Depart-
ment of Energy’’. 
Subtitle D—Combined Heat and 
Power Support 
SEC. 9401. CHP TECHNICAL ASSISTANCE PARTNERSHIP 
PROGRAM. 
(a) IN GENERAL.—Section 375 of the Energy Policy 
and Conservation Act (42 U.S.C. 6345) is amended to 
read as follows: 
‘‘SEC. 375. CHP TECHNICAL ASSISTANCE PARTNERSHIP 
PROGRAM. 
‘‘(a) RENAMING.— 
‘‘(1) IN GENERAL.—The Clean Energy Applica-
tion Centers of the Department of Energy are redes-
ignated as the CHP Technical Assistance Partner-
ship Program (referred to in this section as the 
‘Program’). 
‘‘(2) PROGRAM
DESCRIPTION.—The Program 
shall consist of—
898 
‘‘(A) the 10 regional CHP Technical As-
sistance Partnerships in existence on the date 
of enactment of the Clean Economy Jobs and 
Innovation Act; 
‘‘(B) such other regional CHP Technical 
Assistance Partnerships as the Secretary may 
establish; and 
‘‘(C) any supporting technical activities 
under the Technical Partnership Program of 
the Advanced Manufacturing Office. 
‘‘(3) REFERENCES.—Any reference in any law, 
rule, regulation, or publication to a Combined Heat 
and Power Application Center or a Clean Energy 
Application Center shall be deemed to be a reference 
to the Program. 
‘‘(b) CHP TECHNICAL ASSISTANCE PARTNERSHIP 
PROGRAM.— 
‘‘(1) IN GENERAL.—The Program shall— 
‘‘(A) operate programs to encourage de-
ployment of combined heat and power, waste 
heat to power, and efficient district energy (col-
lectively referred to in this subsection as ‘CHP’) 
technologies by providing education and out-
reach to—
899 
‘‘(i) building, industrial, and electric 
and natural gas utility professionals; 
‘‘(ii) State and local policymakers; 
and 
‘‘(iii) other individuals and organiza-
tions with an interest in efficient energy 
use, local or opportunity fuel use, resil-
iency, or energy security, microgrids, and 
district energy; and 
‘‘(B) provide project specific support to 
building and industrial professionals through 
economic and engineering assessments and ad-
visory activities. 
‘‘(2) FUNDING FOR CERTAIN ACTIVITIES.— 
‘‘(A) IN
GENERAL.—The Program shall 
make funds available to institutions of higher 
education, research centers, and other appro-
priate institutions to ensure the continued oper-
ations and effectiveness of the regional CHP 
Technical Assistance Partnerships. 
‘‘(B) USE OF FUNDS.—Funds made avail-
able under subparagraph (A) may be used— 
‘‘(i) to research, develop, and dis-
tribute informational materials relevant to 
manufacturers, commercial buildings, insti-
900 
tutional facilities, and Federal sites, in-
cluding continued support of the mission 
goals of the Department of Defense, on 
CHP and microgrid technologies, including 
continuation and updating of— 
‘‘(I) the CHP installation data-
base; 
‘‘(II) CHP technology potential 
analyses; 
‘‘(III) State CHP resource pages; 
and 
‘‘(IV) CHP Technical Assistance 
Partnerships websites; 
‘‘(ii) to research, develop, and conduct 
target market workshops, reports, semi-
nars, internet programs, CHP resiliency 
resources, and other activities to provide 
education to end users, regulators, and 
stakeholders in a manner that leads to the 
deployment of CHP technologies; 
‘‘(iii) to provide or coordinate onsite 
assessments for sites and enterprises that 
may consider deployment of CHP tech-
nology, including the potential use of bio-
mass CHP systems;
901 
‘‘(iv) to perform market research to 
identify high profile candidates for deploy-
ment of CHP technologies, hybrid renew-
able-CHP technologies, biomass CHP, 
microgrids, and clean energy; 
‘‘(v) to provide nonbiased engineering 
support to sites considering deployment of 
CHP technologies; 
‘‘(vi) to assist organizations and com-
munities developing clean energy tech-
nologies and policies in overcoming bar-
riers to deployment; and 
‘‘(vii) to assist companies, commu-
nities, and organizations with field valida-
tion and performance evaluations of CHP 
and other clean energy technologies imple-
mented. 
‘‘(C) 
DURATION.—The 
Program 
shall 
make funds available under subparagraph (A) 
for a period of 5 years. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$12,000,000 for each of fiscal years 2021 through 2025.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents of the Energy Policy and Conservation Act is amend-
902 
ed by striking the item relating to section 375 and insert-
ing the following: 
‘‘375. CHP Technical Assistance Partnership Program.’’. 
Subtitle E—Title XVII Loan 
Program Reform 
SEC. 9501. LOAN PROGRAM OFFICE TITLE XVII REFORM. 
(a) TERMS AND CONDITIONS.—Section 1702 of the 
Energy Policy Act of 2005 (42 U.S.C. 16512) is amend-
ed— 
(1) by amending subsection (b) to read as fol-
lows: 
‘‘(b) SPECIFIC
APPROPRIATION
OR
CONTRIBU-
TION.— 
‘‘(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
903 
‘‘(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 (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 
applicable administrative expenses (including any 
costs associated with third-party consultants en-
gaged 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 
(3) by adding at the end the following: 
‘‘(l) APPLICATION STATUS.— 
‘‘(1) REQUEST.—If the Secretary does not 
make a final decision on an application for a guar-
904 
antee under this title by the date that is 180 days 
after receipt of the application by the Secretary, the 
applicant may request, on or after that date and not 
more than once every 60 days thereafter until a final 
decision is made, that the Secretary provide to the 
applicant 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 appli-
cant a response that includes— 
‘‘(A) a description of the current status of 
review of the application; 
‘‘(B) a summary of any factors that are 
delaying 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. 
‘‘(m) OUTREACH.—In carrying out this title, the Sec-
retary shall— 
‘‘(1) provide assistance with the completion of 
applications for a guarantee under this title;
905 
‘‘(2) conduct outreach, including through con-
ferences and online programs, to disseminate infor-
mation to potential applicants; and 
‘‘(3) conduct outreach to encourage participa-
tion of supporting finance institutions and private 
lenders in eligible projects. 
‘‘(n) COORDINATION.—In carrying out this title, to 
the extent consistent with applicable law, the Secretary 
shall collaborate, coordinate, and share information with 
relevant offices within the Department. 
‘‘(o) REPORT.—Not later than 2 years after the date 
of the enactment of this subsection and every 3 years 
thereafter, the Secretary shall submit to Congress a report 
on the status of projects receiving guarantees 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 re-
payment, including interest paid and future repay-
ment projections; 
‘‘(3) estimate of the greenhouse gas emissions 
avoided from each such project;
906 
‘‘(4) data regarding the number of direct and 
indirect jobs retained, restored, or created by such 
projects; 
‘‘(5) the number of new projects projected to 
receive a guarantee under this title during the next 
2 years and the aggregate guarantee amount; and 
‘‘(6) any other metrics the Secretary finds ap-
propriate.’’. 
(b) STATE LOAN ELIGIBILITY.— 
(1) DEFINITIONS.—Section 1701 of the Energy 
Policy Act of 2005 (42 U.S.C. 16511) is amended 
by adding at the end the following: 
‘‘(6) INDIAN
TRIBE, NATIVE
CORPORATION, 
TRIBAL
ENERGY
DEVELOPMENT
ORGANIZATION.— 
The terms ‘Indian tribe’, ‘Native Corporation’, and 
‘tribal energy development organization’ have the 
meaning given such terms in section 2601 of the 
Energy Policy Act of 1992 (25 U.S.C. 3501). 
‘‘(7) STATE.—The term ‘State’ has the mean-
ing given the term in section 202 of the Energy 
Conservation and Production Act (42 U.S.C. 6802). 
‘‘(8) STATE
ENERGY
FINANCING
INSTITU-
TION.— 
‘‘(A) IN GENERAL.—The term ‘State en-
ergy financing institution’ means a quasi-inde-
907 
pendent entity or an entity within a State agen-
cy or financing authority established by a State 
that may— 
‘‘(i) provide financing support or cred-
it enhancements, including loan guarantees 
and loan loss reserves, for eligible projects; 
and 
‘‘(ii) create liquid markets for eligible 
projects, 
including 
warehousing 
and 
securitization, or take other steps to reduce 
financial barriers to the deployment of ex-
isting and new eligible projects. 
‘‘(B) INCLUSION.—The term ‘State energy 
financing institution’ includes an entity or orga-
nization established to achieve the purposes de-
scribed in clauses (i) and (ii) of subparagraph 
(A) by an Indian tribe, Native Corporation, or 
tribal energy development organization.’’. 
(2) TERMS AND CONDITIONS.—Section 1702 of 
the Energy Policy Act of 2005 (42 U.S.C. 16512) 
is further amended— 
(A) in subsection (a), by inserting ‘‘, in-
cluding projects receiving financial support or 
credit enhancements from a State energy fi-
nancing institution,’’ after ‘‘for projects’’;
908 
(B) in subsection (d)(1), by inserting ‘‘, in-
cluding a guarantee for a project receiving fi-
nancial support or credit enhancements from a 
State energy financing institution,’’ after ‘‘No 
guarantee’’; and 
(C) by adding at the end the following: 
‘‘(p) STATE ENERGY FINANCING INSTITUTIONS.— 
‘‘(1) PARTNERSHIPS
AUTHORIZED.—State en-
ergy financing institutions providing financial sup-
port or credit enhancements for eligible projects may 
enter into partnerships with private entities, Indian 
tribes, Native Corporations, and tribal energy devel-
opment organizations. 
‘‘(2) PROHIBITION ON USE OF APPROPRIATED 
FUNDS.—Amounts appropriated to the Department 
before the date of enactment of this subsection shall 
not be available to be used for the cost of guarantees 
made to State energy financing institutions.’’. 
(c) PROJECT ELIGIBILITY EXPANSION.— 
(1) IN GENERAL.—The Energy Policy Act of 
2005 is amended by adding after section 1703 the 
following new section: 
‘‘SEC. 1703A. OTHER ELIGIBLE PROJECTS. 
‘‘(a) IN GENERAL.—The Secretary may make guar-
antees under this section only for projects that—
909 
‘‘(1) avoid, reduce, utilize, or sequester air pol-
lutants or anthropogenic emissions of greenhouse 
gases; and 
‘‘(2) employ new or significantly improved tech-
nologies as compared to commercial technologies in 
service in the United States at the time the guar-
antee is issued, including projects that employ— 
‘‘(A) a system of technologies that combine 
existing technologies in an innovative manner; 
‘‘(B) elements of commercial technologies 
in combination with new or significantly im-
proved technologies; or 
‘‘(C) new and innovative technologies de-
veloped outside the energy sector that enable 
modernization of existing energy infrastructure 
and systems. 
‘‘(b) CATEGORIES.—Projects from the following cat-
egories shall be eligible for a guarantee under this section: 
‘‘(1) Advanced nuclear energy facilities, includ-
ing manufacturing and deployment of nuclear supply 
components for advanced nuclear reactors. 
‘‘(2) Carbon capture, utilization, and sequestra-
tion practices and technologies, including— 
‘‘(A) agricultural and forestry practices 
that store and sequester carbon; and
910 
‘‘(B) synthetic technologies to remove car-
bon from the air and oceans. 
‘‘(3) Energy storage technologies for residen-
tial, industrial, transportation, and power generation 
applications. 
‘‘(4) Technologies and systems for reducing 
emissions of greenhouse gases with high global 
warming potential, including for reducing methane 
leakage from natural gas transmission and distribu-
tion infrastructure. 
‘‘(5) Application of technologies, including data 
analytics, artificial intelligence, and other software 
to improve the energy efficiency, operations, and 
management of energy infrastructure, including elec-
tric grid operations. 
‘‘(6) Energy-water use efficiency in water re-
sources infrastructure and water-using technologies. 
‘‘(7) Technologies for improving the resilience 
or reliability of existing energy infrastructure, in-
cluding technologies that incorporate energy storage 
and grid modernization initiatives or improve the cy-
bersecurity of energy technologies. 
‘‘(8) Technologies or processes for reducing 
greenhouse gas emissions from industrial applica-
tions, including iron, steel, cement, and ammonia
911 
production, hydrogen production, and generation of 
high-temperature heat. 
‘‘(9) Categories of projects and projects de-
scribed in section 1703. 
‘‘(c) REGIONAL VARIATION.—Notwithstanding sub-
section (a)(2), the Secretary may, to account for regional 
variation in deployment of technology, make guarantees 
under this section 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 
technology are located in the same region of the United 
States. 
‘‘(d) STATE ENERGY FINANCING INSTITUTIONS.— 
Notwithstanding subsection (a), the Secretary may use up 
to 25 percent of authority provided for commitments to 
guarantee loans under this title for projects— 
‘‘(1) that are receiving financial support or 
credit enhancements from a State energy financing 
institution; and 
‘‘(2) that meet the requirements of paragraph 
(1) of subsection (a), but do not meet the require-
ments of paragraph (2) of subsection (a). 
‘‘(e) EMISSION LEVELS AND TAX CREDITS.—Sub-
sections (d) and (e) of section 1703 shall apply with re-
spect to projects receiving guarantees under this section.’’.
913 
‘‘(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 remain available until expended, for 
administrative 
expenses 
described 
in 
section 
1702(h)(1) that are not covered by fees collected 
pursuant to section 1702(h).’’. 
TITLE X—CRITICAL MATERIALS 
SEC. 10101. DEFINITIONS. 
In this title: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate Congressional com-
mittees’’ means the Committee on Science, Space, 
and Technology of the House of Representatives and 
the Committee on Commerce, Science, and Trans-
portation and the Committee on Energy and Natural 
Resources of the Senate. 
(2) CENTER.—The term ‘‘Center’’ means the 
Critical Materials Information Center established 
under section 10122(a). 
(3) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy.
914 
(4) ENERGY
CRITICAL
MATERIAL.—The term 
‘‘energy critical material’’ means any of a class of 
non-fuel materials that have a high risk of a supply 
disruption and are critical to one or more existing or 
new, energy-related technologies such that a sub-
stantial supply disruption of such material would 
significantly inhibit large-scale deployment of tech-
nologies that produce, transmit, store, or conserve 
energy. 
(5) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given such term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
(6) PROGRAM.—The term ‘‘program’’ means 
the program authorized in section 10121(a). 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
Subtitle A—Energy Critical 
Materials 
SEC. 10121. ENERGY CRITICAL MATERIALS PROGRAM. 
(a) AUTHORIZATION OF PROGRAM.— 
(1) IN
GENERAL.—The Secretary shall carry 
out a cross-cutting program of research, develop-
ment, demonstration, and commercial application to 
assure the long-term, secure, and sustainable supply
915 
of energy critical materials sufficient to satisfy the 
national security, economic well-being, public health, 
and industrial production needs of the United 
States. This program may be carried out primarily 
by an Energy Innovation Hub established under sec-
tion 206 of the Department of Energy Research Co-
ordination Act (42 U.S.C. 18632). 
(2) PROGRAM ACTIVITIES.—In carrying out this 
program, the Secretary shall focus on areas that the 
private sector by itself is not likely to undertake be-
cause of technical and financial uncertainty and sup-
port activities to— 
(A) identify, develop, and test alternative 
minerals, metals, and replacement materials 
that— 
(i) can be substituted for energy crit-
ical materials and maintain or exceed cur-
rent performance; or 
(ii) enable new component and system 
design options that lessen the need for en-
ergy critical materials; 
particularly those alternative materials with ex-
isting production sources within the United 
States and not subject to substantial supply 
disruptions;
916 
(B) engineer and test diverse applications 
that— 
(i) accelerate recycling and use of re-
cycled energy critical materials; 
(ii) use alternative materials; or 
(iii) seek to minimize energy critical 
material content; 
(C) develop innovative technologies and 
practices to diversify commercially viable and 
sustainable domestic sources of energy critical 
materials, including technologies for recovery 
from waste streams, more efficient recovery of 
coproducts and byproducts, and reduction of 
energy intensity, environmental impact, and 
costs of the extraction, production, separation, 
alloying, and processing of energy critical mate-
rials; 
(D) improve the understanding of the per-
formance, processing, and adaptability in engi-
neering designs using energy critical materials; 
(E) develop advanced theoretical, computa-
tional, and experimental tools necessary to sup-
port the crosscutting research and development 
needs of diverse critical materials stakeholders;
917 
(F) ensure that relevant facilities are avail-
able and equipped to assist in carrying out the 
direction of the program; 
(G) advance new mapping and analytical 
technologies and techniques that identify and 
characterize domestic critical materials re-
sources; and 
(H) improve the understanding of energy 
critical material supply chains, risks from sup-
ply disruption, supply restriction, volatility in 
demand, and ability to substitute. 
(3) COORDINATION.—In carrying out the pro-
gram under subsection (a) the Secretary of Energy 
shall coordinate and leverage resources and expertise 
across the Department and from— 
(A) Federal agencies; 
(B) National Laboratories; 
(C) academic institutions; 
(D) private sector entities, including small 
businesses; 
(E) nongovernmental organizations; and 
(F) other relevant entities or individuals. 
(4) EXPANDING
PARTICIPATION.—In carrying 
out the program, the Secretary shall encourage mul-
tidisciplinary collaborations of participants, including
918 
opportunities for students and post-doctoral staff at 
institutions of higher education. 
(5) INTERNATIONAL COLLABORATION.—In car-
rying out the program, the Secretary shall collabo-
rate, to the extent practicable, on activities of mu-
tual interest with the relevant agencies and non-
governmental organizations of foreign countries with 
interests relating to energy critical materials. 
(b) PLAN.— 
(1) IN GENERAL.—Within 180 days after the 
date of enactment of this Act and biennially there-
after, the Secretary shall prepare and submit to the 
appropriate Congressional committees a plan to 
carry out the program. 
(2) SPECIFIC
REQUIREMENTS.—The plan re-
quired under paragraph (1) shall include a descrip-
tion of— 
(A) the research and development activities 
to be carried out by the program during the 
subsequent 2 years; 
(B) the expected contributions of the pro-
gram to the creation of innovative methods and 
technologies for the efficient and sustainable 
provision of energy critical materials to the do-
mestic economy;
919 
(C) the expected activities of the program 
to mitigate the adverse environmental and 
health impacts of the extraction, processing, 
manufacturing, use, recovery, and recycling of 
energy critical materials; and 
(D) how the program is promoting the 
broadest possible participation by academic, in-
dustrial, the public, and other contributors. 
(3) CONSULTATION.—In preparing each plan 
under paragraph (1), the Secretary shall consult 
with appropriate representatives of industry, institu-
tions of higher education, Department of Energy na-
tional laboratories, professional and technical soci-
eties, other Federal agencies, States, tribes, the pub-
lic, and other entities, as determined by the Sec-
retary. 
(c) COORDINATION AND NONDUPLICATION.—To the 
maximum extent practicable, the Secretary shall ensure 
that the activities carried out under this subtitle are co-
ordinated with, and do not unnecessarily duplicate the ef-
forts of, other programs within the Federal Government. 
(d) STANDARD OF REVIEW.—Not later than 2 years 
after the date of the enactment of this Act the Secretary 
of Energy shall conduct a review of activities carried out 
under this program described in subsection (a) to deter-
920 
mine the achievement of technical milestones established 
in subsection (e). 
(e) CRITICAL MATERIALS CONSORTIUM.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of 
Energy shall establish and operate a Critical Mate-
rials Consortium (referred to in this section as the 
‘‘Consortium’’) for the purpose of supporting the 
program under subsection (a) by providing, to the 
maximum extent practicable, a centralized entity for 
multidisciplinary, collaborative, critical materials re-
search and development. 
(2) LEADERSHIP.—If an Energy Innovation 
Hub, consistent with section 206 of the Department 
of Energy Research Coordination Act, that is fo-
cused on energy critical materials exists on the date 
of enactment of this Act, then the Secretary shall le-
verage the personnel and expertise of such a Hub to 
manage the Consortium for at least a 3 year period 
following the establishment of the Consortium. 
(3) MEMBERSHIP.—The members of the Con-
sortium shall be representatives from relevant Fed-
eral agencies, the National Laboratories, institutions 
of higher education, private sector entities, multi-in-
921 
stitutional collaborations, and other appropriate enti-
ties. 
(4) ACTIVITIES.—The Consortium shall— 
(A) develop and implement a multi-year 
program plan which includes the determination 
of technical goals and milestones and prioritizes 
leveraging of the user facilities, high perform-
ance computing capabilities, and expertise of 
the Department of Energy and the National 
Laboratories; and 
(B) submit an annual report to the Sec-
retary of Energy summarizing the activities of 
the Consortium which includes an evaluation of 
the Consortium’s role in the achievement of 
technical milestones determined in subpara-
graph (A). 
(5) DURATION.—The Consortium established 
under this subsection shall receive support for a pe-
riod of not more than 5 years, subject to the avail-
ability of appropriations. 
(6) RENEWAL.—Upon the expiration of any pe-
riod of support of the Consortium, the Secretary of 
Energy may renew support for the Consortium, on 
a merit-reviewed basis, for a period of not more than 
5 years.
922 
(7) TERMINATION.—Consistent with the exist-
ing authorities of the Department, the Secretary of 
Energy may terminate the Consortium for cause 
during the performance period. 
(f) CRITICAL MATERIALS AND SUPPLY CHAIN RE-
SEARCH FACILITY.—The Secretary shall support con-
struction of a facility that provides an integrated, rapidly 
reconfigurable research platform to further enable re-
search and development activities throughout the supply 
chain for energy critical materials. 
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of En-
ergy $135,000,000 for each of fiscal years 2021 through 
2025 to carry out this section. 
SEC. 10122. CRITICAL MATERIALS RESEARCH DATABASE 
AND INFORMATION CENTER. 
(a) IN GENERAL.—In carrying out the program es-
tablished under section 10121, the Secretary, in consulta-
tion with the Director of the National Science Foundation 
shall establish and operate a Critical Materials Informa-
tion Center to collect, catalogue, disseminate, and archive 
information on energy critical materials in coordination 
with the Office of Scientific and Technical Information of 
the Department of Energy, and support the development 
of a web-based platform to provide public access to a data-
923 
base of computed information on known and predicted 
critical materials and related material properties and com-
putational tools in order to— 
(1) accelerate breakthroughs in energy critical 
materials identification and design; 
(2) strengthen the foundation for technologies 
that will enable more sustainable recycling, substi-
tution, use, and recovery and minimize the environ-
mental impacts of methods for extraction, proc-
essing, and manufacturing of energy critical mate-
rials; and 
(3) drive the development of advanced materials 
for applications that span the Department’s missions 
in energy, environment, and national security. 
(b) ACTIVITIES.—In carrying out this section, the 
Secretary shall— 
(1) conduct cooperative research with industry, 
academia, and other research institutions to facili-
tate the design of novel materials, including critical 
materials and substitutes for critical materials; 
(2) leverage existing high-performance com-
puting systems to conduct high throughput calcula-
tions and develop computing and data mining algo-
rithms for the prediction of material properties, in-
cluding a focus on critical materials;
924 
(3) leverage and support research in mineralogy 
and mineral chemistry to enhance the under-
standing, prediction, and manipulation of critical 
materials; 
(4) assist scientists and engineers in making 
the fullest possible use of the Department’s relevant 
data holdings, including the scientific and technical 
data generated by the research and development ac-
tivities funded under section 1021; 
(5) seek and incorporate other information on 
energy critical materials to enhance the Depart-
ment’s utility for program participants and other 
users; 
(6) manage and make available to researchers 
and the public accessible, curated, standardized, se-
cure, and privacy protected data sets from the public 
and private sectors for the purposes of critical mate-
rials research and development activities. 
(c) COORDINATION.—To carry out this section, the 
Secretary of Energy shall leverage and ensure the coordi-
nation of relevant programs, facilities, and activities 
across the Department, including the Critical Materials 
Consortium established under section 10121(e). 
(d) SECURITY.—In carrying out the activities author-
ized by this section, the Secretary of Energy, in consulta-
925 
tion with the Director of the National Science Foundation, 
shall ensure proper security controls are in place to protect 
proprietary or sensitive data, as appropriate. 
SEC. 10123. CRITICAL MATERIALS INTERAGENCY SUB-
COMMITTEE. 
(a) IN
GENERAL.—The Critical Minerals Sub-
committee of the National Science and Technology Council 
(referred to in this section as the ‘‘Subcommittee’’), shall 
coordinate Federal science and technology efforts to en-
sure secure, reliable, and environmentally sustainable sup-
plies of critical materials to the United States. 
(b) PURPOSES.—the purposes of the Subcommittee 
shall be— 
(1) to advise and assist the National Science 
and Technology Council, including the Committee on 
Homeland and National Security, on United States 
policies, procedures, and plans as it relates to crit-
ical materials, including— 
(A) Federal research, development, and 
commercial application efforts to minimize the 
environmental impacts of methods for extrac-
tions, concentration, separation and purification 
of conventional, secondary, and unconventional 
sources of critical materials;
926 
(B) efficient use, substitution, and reuse of 
critical materials; 
(C) the critical materials workforce of the 
United States; and 
(D) United States private industry invest-
ments in innovation and technology transfer 
from federally funded science and technology; 
(2) to identify emerging opportunities, stimu-
late international cooperation, and foster the devel-
opment of secure and reliable supply chains of crit-
ical materials and establish scenario modeling sys-
tems for supply problems of critical materials and 
energy critical materials; 
(3) to ensure the transparency of information 
and data related to critical materials; and 
(4) to provide recommendations on coordination 
and collaboration among the research, development, 
and deployment programs and activities of Federal 
agencies to promote a secure and reliable supply of 
critical materials necessary to maintain national se-
curity, economic well-being, public health, and indus-
trial production. 
(c) RESPONSIBILITIES.—In carrying out paragraphs 
(1) and (2), the Subcommittee may, taking into account
927 
the findings and recommendations of relevant advisory 
committees— 
(1) provide recommendations on how Federal 
agencies may improve the topographic, geologic, and 
geophysical mapping of the United States and im-
prove the discoverability, accessibility, and usability 
of the resulting and existing data, to the extent per-
mitted by law and subject to appropriate limitation 
for purposes of privacy and security; assess the 
progress towards developing critical materials recy-
cling and reprocessing technologies, and techno-
logical alternatives to critical materials; 
(2) establish a mechanism for the coordination 
and evaluation of Federal programs with energy crit-
ical material needs, including Federal programs in-
volving research and development, in a manner that 
complements related efforts carried out by the pri-
vate sector and other domestic and international 
agencies and organizations; 
(3) examine options for accessing and devel-
oping critical materials through investment and 
trade with our allies and partners and provide rec-
ommendations;
928 
(4) evaluate and provide recommendations to 
incentivize the development and use of advances in 
science and technology in the private industry; 
(5) assess the need for and make recommenda-
tions to address the challenges the United States 
critical materials supply chain workforce faces, in-
cluding aging and retiring personnel and faculty, 
and foreign competition for United States talent; 
(6) develop, and update as necessary, a stra-
tegic plan to guide Federal programs and activities 
to enhance scientific and technical capabilities across 
critical material supply chains, including a roadmap 
that identifies key research and development needs 
and coordinates on-going activities for source diver-
sification, more efficient use, recycling, and substi-
tution for critical materials; as well as cross-cutting 
mining science, data science techniques, materials 
science, manufacturing science and engineering, 
computational modeling, and environmental health 
and safety research and development; and 
(7) assess the need for, and make recommenda-
tions concerning, the availability and adequacy of 
the supply of technically trained personnel necessary 
for energy critical materials research, development, 
extraction, and industrial production, with a par-
929 
ticular focus on the problem of attracting and main-
taining high-quality professionals for maintaining an 
adequate supply of energy critical materials; and 
(8) report to the appropriate Congressional 
committees on activities and findings under this sec-
tion. 
Subtitle B—National Materials and 
Minerals Policy, Research, and 
Development 
SEC. 10141. AMENDMENTS TO NATIONAL MATERIALS AND 
MINERALS POLICY, RESEARCH AND DEVEL-
OPMENT ACT OF 1980. 
(a) PROGRAM PLAN.—Section 5 of the National Ma-
terials and Minerals Policy, Research and Development 
Act of 1980 (30 U.S.C. 1604) is amended— 
(1) by striking ‘‘date of enactment of this Act’’ 
each place it appears and inserting ‘‘date of enact-
ment of the Clean Economy Jobs and Innovation 
Act’’; 
(2) in subsection (b)(1), by striking ‘‘Federal 
Coordinating Council for Science, Engineering, and 
Technology’’ and inserting ‘‘National Science and 
Technology Council’’; 
(3) in subsection (c)—
930 
(A) in the matter preceding paragraph 
(1)— 
(i) by striking ‘‘the Federal Emer-
gency’’ and all that follows through ‘‘Agen-
cy, and’’; and 
(ii) by striking ‘‘appropriate shall’’ 
and inserting ‘‘appropriate, shall’’; 
(B) by striking paragraph (1); 
(C) in paragraph (2), by striking ‘‘in the 
case’’ and all that follows through ‘‘sub-
section,’’; 
(D) by redesignating paragraphs (2) and 
(3) as paragraphs (1) and (2), respectively; and 
(E) by amending paragraph (2), as so re-
designated, to read as follows: 
‘‘(2) assess the adequacy and stability of the 
supply of materials necessary to maintain national 
security, economic well-being, public health, and in-
dustrial production.’’; 
(4) by striking subsection (d); and 
(5) by redesignating subsections (e) and (f) as 
subsections (d) and (e), respectively. 
(b) POLICY.—Section 3 of the National Materials and 
Minerals Policy, Research and Development Act of 1980 
(30 U.S.C. 1602) is amended—
931 
(1) by striking ‘‘The Congress declares that it’’ 
and inserting ‘‘It’’; and 
(2) by striking ‘‘The Congress further declares 
that implementation’’ and inserting ‘‘Implementa-
tion’’. 
(c) IMPLEMENTATION.—Section 4 of the National 
Materials and Minerals Policy, Research and Development 
Act of 1980 (30 U.S.C. 1603) is amended, in the matter 
preceding paragraph (1)— 
(1) by striking ‘‘For the purpose’’ and all that 
follows through ‘‘declares that the’’ and inserting 
‘‘The’’; and 
(2) by striking ‘‘departments and agencies,’’ 
and inserting ‘‘departments and agencies to imple-
ment the policy specified in section 3’’. 
SEC. 10142. CONFORMING REPEAL. 
The National Critical Materials Act of 1984 (30 
U.S.C. 1801 et seq.) is repealed. 
TITLE XI—ENVIRONMENTAL 
JUSTICE 
SEC. 11001. DEFINITIONS. 
In this title: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
932 
(2) ADVISORY COUNCIL.—The term ‘‘Advisory 
Council’’ means the National Environmental Justice 
Advisory Council described in section 11009. 
(3) AGGRIEVED PERSON.—The term ‘‘aggrieved 
person’’ means a person aggrieved by discrimination 
on the basis of race, color, or national origin. 
(4) CLEARINGHOUSE.—The term ‘‘Clearing-
house’’ means the Environmental Justice Clearing-
house established by the Administrator under section 
11007. 
(5) COMMUNITY OF COLOR.—The term ‘‘com-
munity of color’’ means any geographically distinct 
area the population of color of which is higher than 
the average population of color of the State in which 
the community is located. 
(6) COMMUNITY-BASED
SCIENCE.—The term 
‘‘community-based science’’ means voluntary public 
participation in the scientific process and the incor-
poration of data and information generated outside 
of traditional institutional boundaries to address 
real-world problems in ways that may include formu-
lating research questions, conducting scientific ex-
periments, collecting and analyzing data, inter-
preting results, making new discoveries, developing 
technologies and applications, and solving complex
933 
problems, with an emphasis on the democratization 
of science and the engagement of diverse people and 
communities. 
(7) 
DEMONSTRATES.—The 
term 
‘‘dem-
onstrates’’ means meets the burdens of going for-
ward with the evidence and of persuasion. 
(8) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the National Institute of Environ-
mental Health Sciences. 
(9) DISPARATE IMPACT.—The term ‘‘disparate 
impact’’ means an action or practice that, even if 
appearing neutral, actually has the effect of sub-
jecting persons to discrimination because of their 
race, color, or national origin. 
(10) DISPROPORTIONATE BURDEN OF ADVERSE 
HUMAN HEALTH OR ENVIRONMENTAL EFFECTS.— 
The term ‘‘disproportionate burden of adverse 
human health or environmental effects’’ means a sit-
uation where there exists higher or more adverse 
human health or environmental effects on commu-
nities of color, low-income communities, and Tribal 
and indigenous communities. 
(11) ENVIRONMENTAL
JUSTICE.—The term 
‘‘environmental justice’’ means the fair treatment 
and meaningful involvement of all individuals, re-
934 
gardless of race, color, culture, national origin, edu-
cational level, or income, with respect to the develop-
ment, implementation, and enforcement of environ-
mental laws, regulations, and policies to ensure 
that— 
(A) populations of color, communities of 
color, Tribal and indigenous communities, and 
low-income communities have access to public 
information and opportunities for meaningful 
public participation relating to human health 
and environmental planning, regulations, and 
enforcement; 
(B) Each population of color or community 
of color, Tribal and indigenous community, or 
low-income community enjoy the same degree of 
protection from pollution or other environ-
mental and health hazards; and 
(C) the 17 Principles of Environmental 
Justice written and adopted at the First Na-
tional People of Color Environmental Leader-
ship Summit held on October 24 through 27, 
1991, in Washington, DC, are upheld. 
(12) ENVIRONMENTAL JUSTICE COMMUNITY.— 
The term ‘‘environmental justice community’’ means 
a community with significant representation of com-
935 
munities of color, low-income communities, or Tribal 
and indigenous communities, that experiences, or is 
at risk of experiencing higher or more adverse 
human health or environmental effects. 
(13) FAIR TREATMENT.—The term ‘‘fair treat-
ment’’ means the conduct of a program, policy, prac-
tice or activity by a Federal agency in a manner that 
ensures that no group of individuals (including ra-
cial, ethnic, or socioeconomic groups) experience a 
disproportionate burden of adverse human health or 
environmental effects resulting from such program, 
policy, practice, or activity, as determined through 
consultation with, and with the meaningful partici-
pation of, individuals from the communities affected 
by a program, policy, practice or activity of a Fed-
eral agency. 
(14) FEDERAL
AGENCY.—The term ‘‘Federal 
agency’’ means— 
(A) each Federal agency represented on 
the Working Group; and 
(B) any other Federal agency that carries 
out a Federal program or activity that substan-
tially affects human health or the environment, 
as determined by the President.
936 
(15) TRIBAL AND INDIGENOUS COMMUNITY.— 
The term ‘‘Tribal and indigenous community’’ refers 
to a population of people who are members of— 
(A) a federally recognized Indian Tribe; 
(B) a State-recognized Indian Tribe; 
(C) an Alaska Native or Native Hawaiian 
community or organization; and 
(D) any other community of indigenous 
people located in a State. 
(16) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term ‘‘Indian tribe’’ in 
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304). 
(17) INFRASTRUCTURE.—The term ‘‘infrastruc-
ture’’ means any system for safe drinking water, 
sewer collection, solid waste disposal, electricity gen-
eration, communication, or transportation access (in-
cluding highways, airports, marine terminals, rail 
systems, and residential roads) that is used to effec-
tively and safely support— 
(A) housing; 
(B) an educational facility; 
(C) a medical provider; 
(D) a park or recreational facility; or 
(E) a local business.
937 
(18) LOCAL
GOVERNMENT.—The term ‘‘local 
government’’ means— 
(A) a county, municipality, city, town, 
township, local public authority, school district, 
special district, intrastate district, council of 
governments (regardless of whether the council 
of governments is incorporated as a nonprofit 
corporation under State law), regional or inter-
state governmental entity, or agency or instru-
mentality of a local government; or 
(B) an Indian Tribe or authorized Tribal 
organization, or Alaska Native village or organi-
zation, that is not a Tribal Government. 
(19) LOW
INCOME.—The term ‘‘low income’’ 
means an annual household income equal to, or less 
than, the greater of— 
(A) an amount equal to 80 percent of the 
median income of the area in which the house-
hold is located, as reported by the Department 
of Housing and Urban Development; and 
(B) 200 percent of the Federal poverty 
line. 
(20) LOW-INCOME
COMMUNITY.—The term 
‘‘low income community’’ means any census block
938 
group in which 30 percent or more of the population 
are individuals with low income. 
(21) MEANINGFUL.—The term ‘‘meaningful’’, 
with respect to involvement by the public in a deter-
mination by a Federal agency, means that— 
(A) potentially affected residents of a com-
munity have an appropriate opportunity to par-
ticipate in decisions regarding a proposed activ-
ity that will affect the environment or public 
health of the community; 
(B) the public contribution can influence 
the determination by the Federal agency; 
(C) the concerns of all participants in-
volved are taken into consideration in the deci-
sion-making process; and 
(D) the Federal agency— 
(i) provides to potentially affected 
members of the public relevant and accu-
rate information regarding the activity po-
tentially affecting the environment or pub-
lic health of affected members of the pub-
lic; and 
(ii) facilitates the involvement of po-
tentially affected members of the public.
939 
(22) POPULATION.—The term ‘‘population’’ 
means a census block group or series of geographi-
cally contiguous blocks representing certain common 
characteristics, such as (but not limited to) race, 
ethnicity, national origin, income-level, health dis-
parities, or other public health and socioeconomic at-
tributes. 
(23) POPULATION OF COLOR.—The term ‘‘pop-
ulation of color’’ means a population of individuals 
who identify as— 
(A) Black; 
(B) African American; 
(C) Asian; 
(D) Pacific Islander; 
(E) another non-White race; 
(F) Hispanic; 
(G) Latino; or 
(H) linguistically isolated. 
(24) PUBLISH.—The term ‘‘publish’’ means to 
make publicly available in a form that is— 
(A) generally accessible, including on the 
internet and in public libraries; and 
(B) accessible for— 
(i) individuals who are limited in 
English proficiency, in accordance with Ex-
940 
ecutive Order No. 13166 (65 Fed. Reg. 
50121 (August 16, 2000)); and 
(ii) individuals with disabilities. 
(25) STATE.—The term ‘‘State’’ means any 
State of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Virgin Is-
lands, Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands. 
(26) TRIBAL GOVERNMENT.—The term ‘‘Tribal 
Government’’ means the governing body of an In-
dian Tribe. 
(27) WORKING
GROUP.—The term ‘‘Working 
Group’’ means the interagency Federal Working 
Group on Environmental Justice convened under 
section 1–102 of Executive Order No. 12898 (42 
U.S.C. 4321 note), as amended by Executive Order 
No. 12948 (60 Fed. Reg. 6381 (January 30, 1995)) 
and modified by this title. 
(28) CLIMATE
JUSTICE.—The term ‘‘climate 
justice’’ means the fair treatment and meaningful 
involvement of all individuals, regardless of race, 
color, culture, national origin, educational level, or 
income, with respect to the development, implemen-
tation, and enforcement of policies and projects that 
address climate change, a recognition of the histor-
941 
ical responsibilities for climate change, and a com-
mitment that the people and communities least re-
sponsible for climate change, and most vulnerable to 
the impacts of climate change, do not suffer dis-
proportionately as a result of historical injustice and 
disinvestment. 
(29) NATURAL
INFRASTRUCTURE.—The term 
‘‘natural infrastructure’’ means infrastructure that 
uses, restores, or emulates natural ecological proc-
esses and— 
(A) is created through the action of nat-
ural physical, geological, biological, and chem-
ical processes over time; 
(B) is created by human design, engineer-
ing, and construction to emulate or act in con-
cert with natural processes; or 
(C) involves the use of plants, soils, and 
other natural features, including through the 
creation, restoration, or preservation of vege-
tated areas using materials appropriate to the 
region to manage stormwater and runoff, to at-
tenuate flooding and storm surges, and for 
other related purposes.
942 
SEC. 11002. ENVIRONMENTAL JUSTICE COMMUNITY TECH-
NICAL ASSISTANCE GRANTS. 
(a) IN GENERAL.—The Administrator may award 
grants to eligible entities to enable such entities to partici-
pate in decisions impacting the health and safety of their 
communities in connection with an actual or potential re-
lease of a covered hazardous air pollutant. 
(b) TIMING.— 
(1) GUIDANCE.—Not later than 12 months 
after the date of enactment of this section, the Ad-
ministrator shall publish guidance describing the 
process for eligible entities to apply for a grant 
under this section, including the required content 
and form of applications, the manner in which appli-
cations must be submitted, and any applicable dead-
lines. 
(2) FIRST GRANT.—Not later than 180 days 
after the issuance of guidance under paragraph (1), 
the Administrator shall award the first grant under 
this section. 
(c) ELIGIBLE ENTITY.—To be eligible for a grant 
under this section, an applicant shall be a group of individ-
uals who reside in a community that— 
(1) is a population of color, a community of 
color, a Tribal and indigenous community, or a low- 
income community; and
943 
(2) is in close proximity to the site of an actual 
or potential release of a covered hazardous air pol-
lutant. 
(d) USE OF FUNDS.—An eligible entity receiving a 
grant under this section shall use the grant to participate 
in decisions impacting the health and safety of the commu-
nity involved in connection with an actual or potential re-
lease of a covered hazardous air pollutant, including— 
(1) interpreting information with regard to the 
nature of the hazard, cumulative impacts studies, 
health impacts studies, remedial investigation and 
feasibility studies, agency decisions, remedial design, 
and operation and maintenance of necessary mon-
itors; and 
(2) performing additional air pollution moni-
toring. 
(e) LIMITATIONS ON AMOUNT; RENEWAL.— 
(1) AMOUNT.— 
(A) IN GENERAL.—The amount of a grant 
under this section (excluding any renewals of 
the grant) may not exceed $50,000 for any 
grant recipient. 
(B) EXCEPTION.—The Administrator may 
waive the limitation in subparagraph (A) with 
respect to an applicant in any case where the
944 
Administrator determines that such waiver is 
necessary for the community involved to obtain 
the necessary technical assistance. 
(2) RENEWAL.—Grants may be renewed for 
each step in the regulatory, removal, or remediation 
process in connection with a facility with the poten-
tial to release a covered hazardous air pollutant. 
(f) DEFINITION OF COVERED HAZARDOUS AIR POL-
LUTANT.—In this section, the term ‘‘covered hazardous 
air pollutant’’ means a hazardous air pollutant (as defined 
in section 112 of the Clean Air Act) that— 
(1) is listed on the toxics release inventory 
under section 313(c) of the Emergency Planning 
and Community Right-To-Know Act of 1986; or 
(2) is identified as carcinogenic by an assess-
ment under the Integrated Risk Information System 
(IRIS) of the Environmental Protection Agency. 
SEC. 11003. INTERAGENCY FEDERAL WORKING GROUP ON 
ENVIRONMENTAL JUSTICE. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Administrator shall con-
vene, as appropriate to carry out this section, the Working 
Group. 
(b) REQUIREMENTS.—
945 
(1) COMPOSITION.—The Working Group shall 
be comprised of the following (or a designee): 
(A) The Secretary of Agriculture. 
(B) The Secretary of Commerce. 
(C) The Secretary of Defense. 
(D) The Secretary of Energy. 
(E) The Secretary of Health and Human 
Services. 
(F) The Secretary of Homeland Security. 
(G) The Secretary of Housing and Urban 
Development. 
(H) The Secretary of the Interior. 
(I) The Secretary of Labor. 
(J) The Secretary of Transportation. 
(K) The Attorney General. 
(L) The Administrator. 
(M) The Director of the Office of Environ-
mental Justice. 
(N) The Chairman of the Consumer Prod-
uct Safety Commission. 
(O) The Chairperson of the Chemical Safe-
ty Board. 
(P) The Director of the Office of Manage-
ment and Budget.
946 
(Q) The Director of the Office of Science 
and Technology Policy. 
(R) The Chair of the Council on Environ-
mental Quality. 
(S) The Assistant to the President for Do-
mestic Policy. 
(T) The Director of the National Economic 
Council. 
(U) The Chairman of the Council of Eco-
nomic Advisers. 
(V) The Secretary of Education. 
(W) The Deputy Assistant to the President 
for Environmental Policy. 
(X) The Director of the National Institutes 
of Health. 
(Y) The Director of the National Park 
Service. 
(Z) The Assistant Secretary of the Bureau 
of Indian Affairs. 
(AA) The Chairperson of the National En-
vironmental Justice Advisory Council. 
(BB) Such other Federal officials as the 
President may designate. 
(2) FUNCTIONS.—The Working Group shall—
947 
(A) report to the President through the 
Chair of the Council on Environmental Quality; 
(B) provide guidance to Federal agencies 
regarding criteria for identifying disproportion-
ately high and adverse human health or envi-
ronmental effects— 
(i) on populations of color, commu-
nities of color, Tribal and indigenous com-
munities, and low-income communities; 
and 
(ii) on the basis of race, color, na-
tional origin, or income; 
(C) coordinate with, provide guidance to, 
and serve as a clearinghouse for, each Federal 
agency with respect to the implementation and 
updating of an environmental justice strategy 
required under this title, in order to ensure that 
the administration, interpretation, and enforce-
ment of programs, activities, and policies are 
carried out in a consistent manner; 
(D) assist in coordinating research by, and 
stimulating cooperation among, the Environ-
mental Protection Agency, the Department of 
Health and Human Services, the Department of 
Housing and Urban Development, and other
948 
Federal agencies conducting research or other 
activities in accordance with this title; 
(E) identify, based in part on public rec-
ommendations contained in Federal agency 
progress reports, important areas for Federal 
agencies to take into consideration and address, 
as appropriate, in environmental justice strate-
gies and other efforts; 
(F) assist in coordinating data collection 
and maintaining and updating appropriate 
databases, as required by this title; 
(G) examine existing data and studies re-
lating to environmental justice; 
(H) hold public meetings and otherwise so-
licit public participation under paragraph (3); 
and 
(I) develop interagency model projects re-
lating to environmental justice that demonstrate 
cooperation among Federal agencies. 
(3) PUBLIC
PARTICIPATION.—The Working 
Group shall— 
(A) hold public meetings or otherwise so-
licit public participation and community-based 
science for the purpose of fact-finding with re-
spect to the implementation of this title; and
949 
(B) prepare for public review and publish 
a summary of any comments and recommenda-
tions provided. 
(c) JUDICIAL REVIEW AND RIGHTS OF ACTION.— 
Any person may commence a civil action— 
(1) to seek relief from, or to compel, an agency 
action under this section (including regulations pro-
mulgated pursuant to this section); or 
(2) otherwise to ensure compliance with this 
section (including regulations promulgated pursuant 
to this section). 
SEC. 11004. FEDERAL AGENCY ACTIONS TO ADDRESS ENVI-
RONMENTAL JUSTICE. 
(a) FEDERAL AGENCY RESPONSIBILITIES.— 
(1) ENVIRONMENTAL
JUSTICE
MISSION.—To 
the maximum extent practicable and permitted by 
applicable law, each Federal agency shall make 
achieving environmental justice part of the mission 
of the Federal agency by identifying, addressing, 
and mitigating disproportionately high and adverse 
human health or environmental effects of the pro-
grams, policies, and activities of the Federal agency 
on populations of color, communities of color, Tribal 
and indigenous communities, and low-income com-
munities in the United States (including the terri-
950 
tories and possessions of the United States and the 
District of Columbia). 
(2) NONDISCRIMINATION.—Each Federal agen-
cy shall conduct any program, policy, or activity that 
substantially affects human health or the environ-
ment in a manner that ensures that the program, 
policy, or activity does not have the effect of exclud-
ing any individual or group from participation in, 
denying any individual or group the benefits of, or 
subjecting any individual or group to discrimination 
under, the program, policy, or activity because of 
race, color, or national origin. 
(3) STRATEGIES.— 
(A) 
AGENCYWIDE
STRATEGIES.—Each 
Federal agency shall implement and update, not 
less frequently than annually, an agencywide 
environmental justice strategy that identifies 
and 
includes 
strategies 
to 
address 
disproportionally high and adverse human 
health or environmental effects of the pro-
grams, policies, spending, and other activities of 
the Federal agency with respect to populations 
of color, communities of color, Tribal and indig-
enous communities, and low-income commu-
nities, including, as appropriate for the mission
951 
of the Federal agency, with respect to the fol-
lowing areas: 
(i) Implementation of the National 
Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(ii) Implementation of title VI of the 
Civil Rights Act of 1964 (42 U.S.C. 2000d 
et seq.) (including regulations promulgated 
pursuant to that title). 
(iii) Implementation of the Robert T. 
Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.). 
(iv) Impacts from the lack of infra-
structure, or from deteriorated infrastruc-
ture. 
(v) Impacts from land use. 
(vi) Impacts from climate change. 
(vii) Impacts from commercial trans-
portation. 
(viii) Strategies for the implementa-
tion of agency programs, policies, and ac-
tivities to provide for— 
(I) equal protection from environ-
mental and health hazards for popu-
lations of color, communities of color,
952 
Tribal and indigenous communities, 
and low-income communities; 
(II) equal opportunity for public 
involvement and due process to popu-
lations of color, communities of color, 
Tribal and indigenous communities, 
and low-income communities in the 
development, implementation, and en-
forcement of agency programs, poli-
cies, and activities; 
(III) improved technical assist-
ance and access to information to 
populations of color, communities of 
color, Tribal and indigenous commu-
nities, and low-income communities 
regarding the impacts of agency pro-
grams, policies, and activities on envi-
ronmental justice communities; 
(IV) improved agency cooperation 
with State governments, Tribal Gov-
ernments, and local governments to 
address pollution and public health 
burdens for populations of color, com-
munities of color, Tribal and indige-
953 
nous communities, and low-income 
communities. 
(B) REVISIONS.— 
(i) IN GENERAL.—Each strategy de-
veloped and updated pursuant to subpara-
graph (A) shall identify programs, policies, 
planning and public participation proc-
esses, rulemaking, agency spending, and 
enforcement activities relating to human 
health or the environment that may be re-
vised, at a minimum— 
(I) to promote enforcement of all 
health, environmental, and civil rights 
laws and regulations in areas con-
taining populations of color, commu-
nities of color, Tribal and indigenous 
communities, and low-income commu-
nities; 
(II) to ensure greater public par-
ticipation; 
(III) to provide increased access 
to infrastructure; 
(IV) to improve research and 
data collection relating to the health 
and environment of populations of
954 
color, communities of color, Tribal 
and indigenous communities, and low- 
income 
communities, 
including 
through the increased use of commu-
nity-based science; and 
(V) to identify differential pat-
terns of use of natural resources 
among populations of color, commu-
nities of color, Tribal and indigenous 
communities, and low-income commu-
nities. 
(ii) TIMETABLES.—Each strategy im-
plemented and updated pursuant to sub-
paragraph (A) shall include a timetable for 
undertaking revisions identified pursuant 
to clause (i). 
(C) PROGRESS REPORTS.—Not later than 
1 year after the date of enactment of this Act, 
and not less frequently than once every 5 years 
thereafter, each Federal agency shall submit to 
Congress and the Working Group, and shall 
publish, a progress report that includes, with 
respect to the period covered by the report—
955 
(i) a description of the current envi-
ronmental justice strategy of the Federal 
agency; 
(ii) an evaluation of the progress 
made by the Federal agency at national 
and regional levels regarding implementa-
tion of the environmental justice strategy, 
including— 
(I) metrics used by the Federal 
agency to measure performance; and 
(II) the progress made by the 
Federal agency toward— 
(aa) the achievement of the 
metrics described in subclause 
(I); and 
(bb) mitigating identified in-
stances of environmental injus-
tice; 
(iii) a description of the participation 
by the Federal agency in interagency col-
laboration; 
(iv) responses to recommendations 
submitted by members of the public to the 
Federal agency relating to the environ-
mental justice strategy of the Federal
956 
agency and the implementation by the 
Federal agency of this title; and 
(v) any updates or revisions to the en-
vironmental justice strategy of the Federal 
agency, including those resulting from pub-
lic comments. 
(4) PUBLIC
PARTICIPATION.—Each Federal 
agency shall— 
(A) ensure that meaningful opportunities 
exist for the public to submit comments and 
recommendations relating to the environmental 
justice strategy, progress reports, and ongoing 
efforts of the Federal agency to incorporate en-
vironmental justice principles into the pro-
grams, policies, and activities of the Federal 
agency; 
(B) hold public meetings or otherwise so-
licit public participation and community-based 
science from populations of color, communities 
of color, Tribal and indigenous communities, 
and low-income communities for fact-finding, 
receiving public comments, and conducting in-
quiries concerning environmental justice; and
957 
(C) prepare for public review and publish 
a summary of the comments and recommenda-
tions provided. 
(5) ACCESS TO INFORMATION.—Each Federal 
agency shall— 
(A) publish public documents, notices, and 
hearings relating to the programs, policies, and 
activities of the Federal agency that affect 
human health or the environment; and 
(B) translate and publish any public docu-
ments, notices, and hearings relating to an ac-
tion of the Federal agency as appropriate for 
the affected population, specifically in any case 
in which a limited English-speaking population 
may be disproportionately affected by that ac-
tion. 
(6) CODIFICATION OF GUIDANCE.— 
(A) COUNCIL ON ENVIRONMENTAL QUAL-
ITY.—Notwithstanding any other provision of 
law, sections II and III of the guidance issued 
by the Council on Environmental Quality enti-
tled ‘‘Environmental Justice Guidance Under 
the National Environmental Policy Act’’ and 
dated December 10, 1997, are enacted into law.
958 
(B) ENVIRONMENTAL PROTECTION AGEN-
CY.—Notwithstanding any other provision of 
law, the guidance issued by the Environmental 
Protection Agency entitled ‘‘EPA Policy on 
Consultation and Coordination with Indian 
Tribes: Guidance for Discussing Tribal Treaty 
Rights’’ and dated February 2016 is enacted 
into law. 
(b) HUMAN HEALTH
AND ENVIRONMENTAL RE-
SEARCH, DATA COLLECTION, AND ANALYSIS.— 
(1) RESEARCH.—Each Federal agency, to the 
maximum extent practicable and permitted by appli-
cable law, shall— 
(A) in conducting environmental or human 
health research, include diverse segments of the 
population in epidemiological and clinical stud-
ies, including segments at high risk from envi-
ronmental hazards, such as— 
(i) populations of color, communities 
of color, Tribal and indigenous commu-
nities, populations with low income, and 
low-income communities; 
(ii) fenceline communities; and 
(iii) workers who may be exposed to 
substantial environmental hazards;
959 
(B) in conducting environmental or human 
health analyses, identify multiple and cumu-
lative exposures; and 
(C) actively encourage and solicit commu-
nity-based science, and provide to populations 
of color, communities of color, Tribal and indig-
enous communities, populations with low in-
come, and low income communities the oppor-
tunity to comment regarding the development 
and design of research strategies carried out 
pursuant to this title. 
(2) DISPROPORTIONATE IMPACT.—To the max-
imum extent practicable and permitted by applicable 
law (including section 552a of title 5, United States 
Code (commonly known as the Privacy Act)), each 
Federal agency shall— 
(A) collect, maintain, and analyze informa-
tion assessing and comparing environmental 
and human health risks borne by populations 
identified by race, national origin, or income; 
and 
(B) use that information to determine 
whether the programs, policies, and activities of 
the Federal agency have disproportionally high 
and adverse human health or environmental ef-
960 
fects on populations of color, communities of 
color, Tribal and indigenous communities, and 
low-income communities. 
(3) INFORMATION RELATING TO NON-FEDERAL 
FACILITIES.—In connection with the implementation 
of Federal agency strategies under subsection (a)(3), 
each Federal agency, to the maximum extent prac-
ticable and permitted by applicable law, shall collect, 
maintain, and analyze information relating to the 
race, national origin, and income level, and other 
readily accessible and appropriate information, for 
fenceline communities in proximity to any facility or 
site expected to have a substantial environmental, 
human health, or economic effect on the surrounding 
populations, if the facility or site becomes the sub-
ject of a substantial Federal environmental adminis-
trative or judicial action. 
(4) IMPACT FROM FEDERAL FACILITIES.—Each 
Federal agency, to the maximum extent practicable 
and permitted by applicable law, shall collect, main-
tain, and analyze information relating to the race, 
national origin, and income level, and other readily 
accessible and appropriate information, for fenceline 
communities in proximity to any facility of the Fed-
eral agency that is—
961 
(A) subject to the reporting requirements 
under the Emergency Planning and Community 
Right-To-Know Act of 1986 (42 U.S.C. 11001 
et seq.), as required by Executive Order No. 
12898 (42 U.S.C. 4321 note); and 
(B) expected to have a substantial environ-
mental, human health, or economic effect on 
surrounding populations. 
(c) CONSUMPTION OF FISH AND WILDLIFE.— 
(1) IN GENERAL.—Each Federal agency shall 
develop, publish (unless prohibited by law), and re-
vise, as practicable and appropriate, guidance on ac-
tions of the Federal agency that will impact fish and 
wildlife consumed by populations that principally 
rely on fish or wildlife for subsistence. 
(2) REQUIREMENT.—The guidance described in 
paragraph (1) shall— 
(A) reflect the latest scientific information 
available concerning methods for evaluating the 
human health risks associated with the con-
sumption of pollutant-bearing fish or wildlife; 
and 
(B) publish the risks of such consumption 
patterns.
962 
(d) MAPPING AND SCREENING TOOL.—The Adminis-
trator shall continue to make available to the public an 
environmental justice mapping and screening tool (such 
as EJScreen or an equivalent tool) that includes, at a min-
imum, the following features: 
(1) Nationally consistent data. 
(2) Environmental data. 
(3) Demographic data, including data relating 
to race, ethnicity, and income. 
(4) Capacity to produce maps and reports by 
geographical area. 
(5) Data on national parks and other federally 
protected natural, historic, and cultural sites. 
(e) JUDICIAL REVIEW AND RIGHTS OF ACTION.— 
Any person may commence a civil action— 
(1) to seek relief from, or to compel, an agency 
action under this section (including regulations pro-
mulgated pursuant to this section); or 
(2) otherwise to ensure compliance with this 
section (including regulations promulgated pursuant 
to this section). 
(f) INFORMATION SHARING.—In carrying out this 
section, each Federal agency, to the maximum extent 
practicable and permitted by applicable law, shall share 
information and eliminate unnecessary duplication of ef-
963 
forts through the use of existing data systems and cooper-
ative agreements among Federal agencies and with State, 
local, and Tribal Governments. 
SEC. 11005. TRAINING OF EMPLOYEES OF FEDERAL AGEN-
CIES. 
(a) INITIAL TRAINING.—Not later than 1 year after 
the date of enactment of this Act, each employee of the 
Department of Energy, the Environmental Protection 
Agency, the Department of the Interior, and the National 
Oceanic and Atmospheric Administration shall complete 
an environmental justice training program to ensure that 
each such employee— 
(1) has received training in environmental jus-
tice; and 
(2) is capable of— 
(A) appropriately incorporating environ-
mental justice concepts into the daily activities 
of the employee; and 
(B) increasing the meaningful participation 
of individuals from environmental justice com-
munities in the activities of the applicable agen-
cy. 
(b) MANDATORY PARTICIPATION.—Effective on the 
date that is 1 year after the date of enactment of this 
Act, each individual hired by the Department of Energy,
964 
the Environmental Protection Agency, the Department of 
the Interior, and the National Oceanic and Atmospheric 
Administration after that date shall be required to partici-
pate in environmental justice training. 
(c) REQUIREMENT RELATING TO CERTAIN EMPLOY-
EES.— 
(1) IN GENERAL.—With respect to each Fed-
eral agency that participates in the Working Group, 
not later than 30 days after the date on which an 
individual is appointed to the position of environ-
mental justice coordinator, or any other position the 
responsibility of which involves the conduct of envi-
ronmental justice activities, the individual shall be 
required to possess documentation of the completion 
by the individual of environmental justice training. 
(2) EVALUATION.—Not later than 3 years after 
the date of enactment of this Act, the Inspector 
General of each Federal agency that participates in 
the Working Group shall evaluate the training pro-
grams of such Federal agency to determine if such 
Federal agency has improved the rate of training of 
the employees of such Federal agency to ensure that 
each employee has received environmental justice 
training.
965 
SEC. 11006. ENVIRONMENTAL JUSTICE BASIC TRAINING 
PROGRAM. 
(a) ESTABLISHMENT.—The Administrator shall es-
tablish a basic training program, in coordination and con-
sultation with nongovernmental environmental justice or-
ganizations, to increase the capacity of residents of envi-
ronmental justice communities to identify and address dis-
proportionately adverse human health or environmental ef-
fects by providing culturally and linguistically appro-
priate— 
(1) training and education relating to— 
(A) basic and advanced techniques for the 
detection, assessment, and evaluation of the ef-
fects of hazardous substances on human health; 
(B) methods to assess the risks to human 
health presented by hazardous substances; 
(C) methods and technologies to detect 
hazardous substances in the environment; 
(D) basic biological, chemical, and physical 
methods to reduce the quantity and toxicity of 
hazardous substances; 
(E) the rights and safeguards currently af-
forded to individuals through policies and laws 
intended to help environmental justice commu-
nities address disparate impacts and discrimi-
nation, including—
966 
(i) laws adopted to protect human 
health and the environment; and 
(ii) section 602 of the Civil Rights Act 
of 1964 (42 U.S.C. 2000d–1); 
(F) 
public 
engagement 
opportunities 
through the policies and laws described in sub-
paragraph (E); 
(G) materials available on the Clearing-
house described in section 11007; 
(H) methods to expand access to parks 
and other natural and recreational amenities; 
and 
(I) finding and applying for Federal grants 
related to environmental justice; and 
(2) short courses and continuation education 
programs for residents of communities who are lo-
cated in close proximity to hazardous substances to 
provide— 
(A) education relating to— 
(i) the proper manner to handle haz-
ardous substances; 
(ii) the management of facilities at 
which hazardous substances are located 
(including facility compliance protocols); 
and
967 
(iii) the evaluation of the hazards that 
facilities described in clause (ii) pose to 
human health; and 
(B) training on environmental and occupa-
tional health and safety with respect to the pub-
lic health and engineering aspects of hazardous 
waste control. 
(b) GRANT PROGRAM.— 
(1) ESTABLISHMENT.—In carrying out the 
basic training program established under subsection 
(a), the Administrator may provide grants to, or 
enter into any contract or cooperative agreement 
with, an eligible entity to carry out any training or 
educational activity described in subsection (a). 
(2) ELIGIBLE ENTITY.—To be eligible to receive 
assistance under paragraph (1), an eligible entity 
shall be an accredited institution of education in 
partnership with— 
(A) a community-based organization that 
carries out activities relating to environmental 
justice; 
(B) a generator of hazardous waste; 
(C) any individual who is involved in the 
detection, assessment, evaluation, or treatment 
of hazardous waste;
968 
(D) any owner or operator of a facility at 
which hazardous substances are located; or 
(E) any State government, Tribal Govern-
ment, or local government. 
(c) PLAN.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Administrator, 
in consultation with the Director, shall develop and 
publish in the Federal Register a plan to carry out 
the basic training program established under sub-
section (a). 
(2) CONTENTS.—The plan described in para-
graph (1) shall contain— 
(A) a list that describes the relative pri-
ority of each activity described in subsection 
(a); and 
(B) a description of research and training 
relevant to environmental justice issues of com-
munities adversely affected by pollution. 
(3) COORDINATION
WITH
FEDERAL
AGEN-
CIES.—The Administrator shall, to the maximum ex-
tent practicable, take appropriate steps to coordinate 
the activities of the basic training program described 
in the plan with the activities of other Federal agen-
cies to avoid any duplication of effort.
969 
(d) REPORT.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, and every 2 years 
thereafter, the Administrator shall submit to the 
Committees on Energy and Commerce and Natural 
Resources of the House of Representative and the 
Committees on Environment and Public Works and 
Energy and Natural Resources of the Senate a re-
port describing— 
(A) the implementation of the basic train-
ing program established under subsection (a); 
and 
(B) the impact of the basic training pro-
gram on improving training opportunities for 
residents of environmental justice communities. 
(2) PUBLIC AVAILABILITY.—The Administrator 
shall make the report required under paragraph (1) 
available to the public (including by posting a copy 
of the report on the website of the Environmental 
Protection Agency). 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$10,000,000 for each of fiscal years 2021 through 2025.
970 
SEC. 11007. ENVIRONMENTAL JUSTICE CLEARINGHOUSE. 
(a) ESTABLISHMENT.—Not later than 1 year after 
the date of enactment of this Act, the Administrator shall 
establish a public internet-based clearinghouse, to be 
known as the Environmental Justice Clearinghouse. 
(b) CONTENTS.—The Clearinghouse shall be com-
prised of culturally and linguistically appropriate mate-
rials related to environmental justice, including— 
(1) information describing the activities con-
ducted by the Environmental Protection Agency to 
address issues relating to environmental justice; 
(2) copies of training materials provided by the 
Administrator to help individuals and employees un-
derstand and carry out environmental justice activi-
ties; 
(3) links to web pages that describe environ-
mental justice activities of other Federal agencies; 
(4) a directory of individuals who possess tech-
nical expertise in issues relating to environmental 
justice; 
(5) a directory of nonprofit and community- 
based organizations, including grassroots organiza-
tions led by people of color, that address issues re-
lating to environmental justice at the local, State, 
and Federal levels (with particular emphasis given to 
nonprofit and community-based organizations that
971 
possess the capability to provide advice or technical 
assistance to environmental justice communities); 
and 
(6) any other appropriate information as deter-
mined by the Administrator, including information 
on any resources available to help address the dis-
proportionate burden of adverse human health or en-
vironmental effects on environmental justice commu-
nities. 
(c) CONSULTATION.—In developing the Clearing-
house, the Administrator shall consult with individuals 
representing academic and community-based organiza-
tions who have expertise in issues relating to environ-
mental justice. 
(d) ANNUAL REVIEW.—The Advisory Council shall— 
(1) conduct a review of the Clearinghouse on an 
annual basis; and 
(2) recommend to the Administrator any up-
dates for the Clearinghouse that the Advisory Coun-
cil determines to be necessary for the effective oper-
ation of the Clearinghouse. 
SEC. 11008. PUBLIC MEETINGS. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, and biennially thereafter, 
the Administrator shall hold public meetings on environ-
972 
mental justice issues in each region of the Environmental 
Protection Agency to gather public input with respect to 
the implementation and updating of environmental justice 
strategies and efforts of the Environmental Protection 
Agency. 
(b) OUTREACH TO ENVIRONMENTAL JUSTICE COM-
MUNITIES.—The Administrator, in advance of the meet-
ings described in subsection (a), shall to the extent prac-
ticable hold multiple meetings in environmental justice 
communities in each region to provide meaningful commu-
nity involvement opportunities. 
(c) NOTICE.—Notice for the meetings described in 
subsections (a) and (b) shall be provided— 
(1) to applicable representative entities or orga-
nizations present in the environmental justice com-
munity including— 
(A) local religious organizations; 
(B) civic associations and organizations; 
(C) business associations of people of color; 
(D) environmental and environmental jus-
tice organizations; 
(E) homeowners’, tenants’, and neighbor-
hood watch groups; 
(F) local and Tribal Governments; 
(G) rural cooperatives;
973 
(H) business and trade organizations; 
(I) community and social service organiza-
tions; 
(J) universities, colleges, and vocational 
schools; 
(K) labor organizations; 
(L) civil rights organizations; 
(M) senior citizens’ groups; and 
(N) public health agencies and clinics; 
(2) through communication methods that are 
accessible in the applicable environmental justice 
community, which may include electronic media, 
newspapers, radio, and other media particularly tar-
geted at communities of color, low-income commu-
nities, and Tribal and indigenous communities; and 
(3) at least 30 days before any such meeting. 
(d) COMMUNICATION
METHODS
AND
REQUIRE-
MENTS.—The Administrator shall— 
(1) provide translations of any documents made 
available to the public pursuant to this section in 
any language spoken by more than 5 percent of the 
population residing within the applicable environ-
mental justice community, and make available trans-
lation services for meetings upon request; and
974 
(2) not require members of the public to 
produce a form of identification or register their 
names, provide other information, complete a ques-
tionnaire, or otherwise fulfill any condition precedent 
to attending a meeting, but if an attendance list, 
register, questionnaire, or other similar document is 
utilized during meetings, it shall state clearly that 
the signing, registering, or completion of the docu-
ment is voluntary. 
(e) REQUIRED ATTENDANCE OF CERTAIN EMPLOY-
EES.—In holding a public meeting under subsection (a), 
the Administrator shall ensure that at least 1 employee 
of the Environmental Protection Agency at the level of As-
sistant Administrator is present at the meeting to serve 
as a representative of the Environmental Protection Agen-
cy. 
SEC. 11009. NATIONAL ENVIRONMENTAL JUSTICE ADVI-
SORY COUNCIL. 
(a) ESTABLISHMENT.—The President shall establish 
an advisory council, to be known as the National Environ-
mental Justice Advisory Council. 
(b) MEMBERSHIP.—The Advisory Council shall be 
comprised of 26 members who have knowledge of, or expe-
rience relating to, the effect of environmental conditions
975 
on communities of color, low-income communities, and 
Tribal and indigenous communities, including— 
(1) representatives of— 
(A) community-based organizations that 
carry out initiatives relating to environmental 
justice, including grassroots organizations led 
by people of color; 
(B) State governments, Tribal Govern-
ments, and local governments; 
(C) Indian Tribes and other indigenous 
groups; 
(D) nongovernmental and environmental 
organizations; and 
(E) private sector organizations (including 
representatives of industries and businesses); 
and 
(2) experts in the fields of— 
(A) socioeconomic analysis; 
(B) health and environmental effects; 
(C) exposure evaluation; 
(D) environmental law and civil rights law; 
and 
(E) environmental health science research. 
(c) SUBCOMMITTEES; WORKGROUPS.—
976 
(1) ESTABLISHMENT.—The Advisory Council 
may establish any subcommittee or workgroup to as-
sist the Advisory Council in carrying out any duty 
of the Advisory Council described in subsection (d). 
(2) REPORT.—Upon the request of the Advisory 
Council, each subcommittee or workgroup estab-
lished by the Advisory Council under paragraph (1) 
shall submit to the Advisory Council a report that 
contains— 
(A) a description of each recommendation 
of the subcommittee or workgroup; and 
(B) any advice requested by the Advisory 
Council with respect to any duty of the Advi-
sory Council. 
(d) DUTIES.—The Advisory Council shall provide 
independent advice and recommendations to the Environ-
mental Protection Agency with respect to issues relating 
to environmental justice, including advice— 
(1) to help develop, facilitate, and conduct re-
views of the direction, criteria, scope, and adequacy 
of the scientific research and demonstration projects 
of the Environmental Protection Agency relating to 
environmental justice; 
(2) to improve participation, cooperation, and 
communication with respect to such issues—
977 
(A) within the Environmental Protection 
Agency; 
(B) between, and among, the Environ-
mental Protection Agency and Federal agencies, 
State and local governments, Indian Tribes, en-
vironmental justice leaders, interest groups, and 
the public; 
(3) requested by the Administrator to help im-
prove the response of the Environmental Protection 
Agency in securing environmental justice for com-
munities of color, low-income communities, and 
Tribal and indigenous communities; and 
(4) on issues relating to— 
(A) the developmental framework of the 
Environmental Protection Agency with respect 
to the integration by the Environmental Protec-
tion Agency of socioeconomic programs into the 
strategic planning, annual planning, and man-
agement accountability of the Environmental 
Protection Agency to achieve environmental jus-
tice results throughout the Environmental Pro-
tection Agency; 
(B) the measurement and evaluation of the 
progress, quality, and adequacy of the Environ-
mental Protection Agency in planning, devel-
978 
oping, and implementing environmental justice 
strategies, project, and programs; 
(C) any existing and future information 
management systems, technologies, and data 
collection activities of the Environmental Pro-
tection Agency (including recommendations to 
conduct analyses that support and strengthen 
environmental justice programs in administra-
tive and scientific areas); 
(D) the administration of grant programs 
relating to environmental justice assistance; and 
(E) education, training, and other outreach 
activities conducted by the Environmental Pro-
tection Agency relating to environmental jus-
tice. 
(e) DESIGNATED FEDERAL OFFICER.—The Director 
of the Office of Environmental Justice of the Environ-
mental Protection Agency is designated as the Federal of-
ficer required under section 10(e) of the Federal Advisory 
Committee Act (5 U.S.C. App.) for the Advisory Council. 
(f) MEETINGS.— 
(1) IN GENERAL.—The Advisory Council shall 
meet not less frequently than 3 times each calendar 
year.
979 
(2) OPEN TO PUBLIC.—Each meeting of the 
Advisory Council shall be held open to the public. 
(3) DUTIES OF DESIGNATED FEDERAL OFFI-
CER.—The designated Federal officer described in 
subsection (e) (or a designee) shall— 
(A) be present at each meeting of the Ad-
visory Council; 
(B) ensure that each meeting is conducted 
in accordance with an agenda approved in ad-
vance by the designated Federal officer; 
(C) provide an opportunity for interested 
persons— 
(i) to file comments before or after 
each meeting of the Advisory Council; or 
(ii) to make statements at such a 
meeting, to the extent that time permits; 
(D) ensure that a representative of the 
Working Group and a high-level representative 
from each regional office of the Environmental 
Protection Agency are invited to, and encour-
aged to attend, each meeting of the Advisory 
Council; and 
(E) provide technical assistance to States 
seeking to establish State-level environmental
980 
justice advisory councils or implement other en-
vironmental justice policies or programs. 
(g) RESPONSES FROM ADMINISTRATOR.— 
(1) PUBLIC COMMENT INQUIRIES.—The Admin-
istrator shall provide a written response to each in-
quiry submitted to the Administrator by a member 
of the public before or after each meeting of the Ad-
visory Council by not later than 120 days after the 
date of submission. 
(2) RECOMMENDATIONS FROM ADVISORY COUN-
CIL.—The Administrator shall provide a written re-
sponse to each recommendation submitted to the Ad-
ministrator by the Advisory Council by not later 
than 120 days after the date of submission. 
(h) TRAVEL EXPENSES.—A member of the Advisory 
Council may be allowed travel expenses, including per 
diem in lieu of subsistence, at such rate as the Adminis-
trator determines to be appropriate while away from the 
home or regular place of business of the member in the 
performance of the duties of the Advisory Council. 
(i) DURATION.—The Advisory Council shall remain 
in existence unless otherwise provided by law. 
SEC. 11010. ENVIRONMENTAL JUSTICE GRANT PROGRAMS. 
(a) IN GENERAL.—The Administrator shall continue 
to carry out the Environmental Justice Small Grants Pro-
981 
gram and the Environmental Justice Collaborative Prob-
lem-Solving Cooperative Agreement Program, as those 
programs are in existence on the date of enactment of this 
Act. 
(b) CARE GRANTS.—The Administrator shall con-
tinue to carry out the Community Action for a Renewed 
Environment grant programs I and II, as in existence on 
January 1, 2012. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out the programs 
described in subsections (a) and (b) $50,000,000 for each 
of fiscal years 2021 through 2030. 
SEC. 11011. ENVIRONMENTAL JUSTICE COMMUNITY SOLID 
WASTE DISPOSAL TECHNICAL ASSISTANCE 
GRANTS. 
(a) IN GENERAL.—The Administrator may award 
grants to eligible entities to enable such entities to partici-
pate in decisions impacting the health and safety of their 
communities relating to the permitting or permit renewal 
of a solid waste disposal facility or hazardous waste facil-
ity. 
(b) TIMING.— 
(1) GUIDANCE.—Not later than 12 months 
after the date of enactment of this section, the Ad-
ministrator shall publish guidance describing the
982 
process for eligible entities to apply for a grant 
under this section, including the required content 
and form of applications, the manner in which appli-
cations must be submitted, and any applicable dead-
lines. 
(2) FIRST GRANT.—Not later than 180 days 
after the issuance of guidance under paragraph (1), 
the Administrator shall award the first grant under 
this section. 
(c) ELIGIBLE ENTITY.—To be eligible for a grant 
under this section, an applicant shall be a group of individ-
uals who reside in a community that— 
(1) is a population of color, a community of 
color, a Tribal and indigenous community, or a low- 
income community; and 
(2) is in close proximity to a facility described 
in subsection (a) for which a decision relating to a 
permit or permit renewal for such facility is re-
quired. 
(d) USE OF FUNDS.—An eligible entity receiving a 
grant under this section shall use the grant to participate 
in decisions impacting the health and safety of the commu-
nity involved that are related to the permitting or permit 
renewal of a solid waste disposal facility or hazardous 
waste facility, including—
983 
(1) interpreting information with regard to— 
(A) cumulative impacts studies; 
(B) health impacts studies; 
(C) relevant agency decisions; and 
(D) operation and maintenance of nec-
essary monitors; and 
(2) performing environmental monitoring. 
(e) LIMITATIONS ON AMOUNT; RENEWAL.— 
(1) AMOUNT.— 
(A) IN GENERAL.—The amount of a grant 
under this section (excluding any renewals of 
the grant) may not exceed $50,000 for any 
grant recipient. 
(B) EXCEPTION.—The Administrator may 
waive the limitation in subparagraph (A) with 
respect to an applicant in any case where the 
Administrator determines that such waiver is 
necessary for the community involved to obtain 
the necessary technical assistance. 
(2) RENEWAL.—Grants may be renewed for 
each step in the process for the permitting or permit 
renewal of a solid waste disposal facility or haz-
ardous waste facility.
984 
SEC. 11012. ENVIRONMENTAL JUSTICE COMMUNITY, STATE, 
AND TRIBAL GRANT PROGRAMS. 
(a) ENVIRONMENTAL JUSTICE COMMUNITY GRANT 
PROGRAM.— 
(1) ESTABLISHMENT.—The Administrator shall 
establish a program under which the Administrator 
shall provide grants to eligible entities to assist the 
eligible entities in— 
(A) building capacity to address issues re-
lating to environmental justice; and 
(B) carrying out any activity described in 
paragraph (4). 
(2) ELIGIBILITY.—To be eligible to receive a 
grant under paragraph (1), an eligible entity shall be 
a nonprofit, community-based organization that con-
ducts activities, including providing medical and pre-
ventive health services, to reduce the dispropor-
tionate health impacts of environmental pollution in 
the environmental justice community at which the 
eligible entity proposes to conduct an activity that is 
the subject of the application described in paragraph 
(3). 
(3) APPLICATION.—To be eligible to receive a 
grant under paragraph (1), an eligible entity shall 
submit to the Administrator an application at such
985 
time, in such manner, and containing such informa-
tion as the Administrator may require, including— 
(A) an outline describing the means by 
which the project proposed by the eligible entity 
will— 
(i) with respect to environmental and 
public health issues at the local level, in-
crease the understanding of the environ-
mental justice community at which the eli-
gible entity will conduct the project; 
(ii) improve the ability of the environ-
mental justice community to address each 
issue described in clause (i); 
(iii) facilitate collaboration and co-
operation among various stakeholders (in-
cluding members of the environmental jus-
tice community); and 
(iv) support the ability of the environ-
mental justice community to proactively 
plan and implement just sustainable com-
munity development and revitalization ini-
tiatives, including countering displacement 
and gentrification;
986 
(B) a proposed budget for each activity of 
the project that is the subject of the applica-
tion; 
(C) a list of proposed outcomes with re-
spect to the proposed project; 
(D) a description of the ways by which the 
eligible entity may leverage the funds of the eli-
gible entity, or the funds made available 
through a grant under this subsection, to de-
velop a project that is capable of being sus-
tained beyond the period of the grant; and 
(E) a description of the ways by which the 
eligible entity is linked to, and representative 
of, the environmental justice community at 
which the eligible entity will conduct the 
project. 
(4) USE
OF
FUNDS.—An eligible entity may 
only use a grant under this subsection to carry out 
culturally and linguistically appropriate projects and 
activities that are driven by the needs, opportunities, 
and priorities of the environmental justice commu-
nity at which the eligible entity proposes to conduct 
the project or activity to address environmental jus-
tice concerns and improve the health or environment
987 
of the environmental justice community, including 
activities— 
(A) to create or develop collaborative part-
nerships; 
(B) to educate and provide outreach serv-
ices to the environmental justice community; 
(C) to identify and implement projects to 
address environmental or public health con-
cerns; or 
(D) to develop a comprehensive under-
standing of environmental or public health 
issues. 
(5) REPORT.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this Act, and an-
nually thereafter, the Administrator shall sub-
mit to the Committees on Energy and Com-
merce and Natural Resources of the House of 
Representatives and the Committees on Envi-
ronment and Public Works and Energy and 
Natural Resources of the Senate a report de-
scribing the ways by which the grant program 
under this subsection has helped community- 
based nonprofit organizations address issues re-
lating to environmental justice.
988 
(B) PUBLIC AVAILABILITY.—The Adminis-
trator shall make each report required under 
subparagraph (A) available to the public (in-
cluding by posting a copy of the report on the 
website of the Environmental Protection Agen-
cy). 
(6) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $25,000,000 for each of fiscal years 
2021 through 2025. 
(b) STATE GRANT PROGRAM.— 
(1) ESTABLISHMENT.—The Administrator shall 
establish a program under which the Administrator 
shall provide grants to States to enable the States— 
(A) to establish culturally and linguistically 
appropriate protocols, activities, and mecha-
nisms for addressing issues relating to environ-
mental justice; and 
(B) to carry out culturally and linguis-
tically appropriate activities to reduce or elimi-
nate disproportionately adverse human health 
or environmental effects on environmental jus-
tice communities in the State, including reduc-
ing economic vulnerabilities that result in the
989 
environmental justice communities being dis-
proportionately affected. 
(2) ELIGIBILITY.— 
(A) APPLICATION.—To be eligible to re-
ceive a grant under paragraph (1), a State shall 
submit to the Administrator an application at 
such time, in such manner, and containing such 
information as the Administrator may require, 
including— 
(i) a plan that contains a description 
of the means by which the funds provided 
through a grant under paragraph (1) will 
be used to address issues relating to envi-
ronmental justice at the State level; and 
(ii) assurances that the funds pro-
vided through a grant under paragraph (1) 
will be used only to supplement the 
amount of funds that the State allocates 
for initiatives relating to environmental 
justice. 
(B) ABILITY TO CONTINUE PROGRAM.—To 
be eligible to receive a grant under paragraph 
(1), a State shall demonstrate to the Adminis-
trator that the State has the ability to continue 
each program that is the subject of funds pro-
990 
vided through a grant under paragraph (1) 
after receipt of the funds. 
(3) REPORT.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this Act, and an-
nually thereafter, the Administrator shall sub-
mit to the Committees on Energy and Com-
merce and Natural Resources of the House of 
Representatives and the Committees on Envi-
ronment and Public Works and Energy and 
Natural Resources of the Senate a report de-
scribing— 
(i) the implementation of the grant 
program established under paragraph (1); 
(ii) the impact of the grant program 
on improving the ability of each partici-
pating State to address environmental jus-
tice issues; and 
(iii) the activities carried out by each 
State to reduce or eliminate disproportion-
ately adverse human health or environ-
mental effects on environmental justice 
communities in the State. 
(B) PUBLIC AVAILABILITY.—The Adminis-
trator shall make each report required under
991 
subparagraph (A) available to the public (in-
cluding by posting a copy of the report on the 
website of the Environmental Protection Agen-
cy). 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $15,000,000 for each of fiscal years 
2021 through 2025. 
(c) TRIBAL GRANT PROGRAM.— 
(1) ESTABLISHMENT.—The Administrator shall 
establish a program under which the Administrator 
shall provide grants to Tribal Governments to enable 
the Indian Tribes— 
(A) to establish culturally and linguistically 
appropriate protocols, activities, and mecha-
nisms for addressing issues relating to environ-
mental justice; and 
(B) to carry out culturally and linguis-
tically appropriate activities to reduce or elimi-
nate disproportionately adverse human health 
or environmental effects on environmental jus-
tice communities in Tribal and indigenous com-
munities, 
including 
reducing 
economic 
vulnerabilities that result in the Tribal and in-
992 
digenous communities being disproportionately 
affected. 
(2) ELIGIBILITY.— 
(A) APPLICATION.—To be eligible to re-
ceive a grant under paragraph (1), a Tribal 
Government shall submit to the Administrator 
an application at such time, in such manner, 
and containing such information as the Admin-
istrator may require, including— 
(i) a plan that contains a description 
of the means by which the funds provided 
through a grant under paragraph (1) will 
be used to address issues relating to envi-
ronmental justice in Tribal and indigenous 
communities; and 
(ii) assurances that the funds pro-
vided through a grant under paragraph (1) 
will be used only to supplement the 
amount of funds that the Tribal Govern-
ment allocates for initiatives relating to en-
vironmental justice. 
(B) ABILITY TO CONTINUE PROGRAM.—To 
be eligible to receive a grant under paragraph 
(1), a Tribal Government shall demonstrate to 
the Administrator that the Tribal Government
993 
has the ability to continue each program that is 
the subject of funds provided through a grant 
under paragraph (1) after receipt of the funds. 
(3) REPORT.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this Act, and an-
nually thereafter, the Administrator shall sub-
mit to the Committees on Energy and Com-
merce and Natural Resources of the House of 
Representatives and the Committees on Envi-
ronment and Public Works and Energy and 
Natural Resources of the Senate a report de-
scribing— 
(i) the implementation of the grant 
program established under paragraph (1); 
(ii) the impact of the grant program 
on improving the ability of each partici-
pating Indian Tribe to address environ-
mental justice issues; and 
(iii) the activities carried out by each 
Tribal Government to reduce or eliminate 
disproportionately adverse human health or 
environmental effects on applicable envi-
ronmental justice communities in Tribal 
and indigenous communities.
994 
(B) PUBLIC AVAILABILITY.—The Adminis-
trator shall make each report required under 
subparagraph (A) available to the public (in-
cluding by posting a copy of the report on the 
website of the Environmental Protection Agen-
cy). 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $25,000,000 for each of fiscal years 
2021 through 2025. 
(d) COMMUNITY-BASED PARTICIPATORY RESEARCH 
GRANT PROGRAM.— 
(1) ESTABLISHMENT.—The Administrator, in 
consultation with the Director, shall establish a pro-
gram under which the Administrator shall provide 
not more than 25 multiyear grants to eligible enti-
ties to carry out community-based participatory re-
search— 
(A) to address issues relating to environ-
mental justice; 
(B) to improve the environment of resi-
dents and workers in environmental justice 
communities; and
995 
(C) to improve the health outcomes of resi-
dents and workers in environmental justice 
communities. 
(2) ELIGIBILITY.—To be eligible to receive a 
multiyear grant under paragraph (1), an eligible en-
tity shall be a partnership comprised of— 
(A) an accredited institution of higher edu-
cation; and 
(B) a community-based organization. 
(3) APPLICATION.—To be eligible to receive a 
multiyear grant under paragraph (1), an eligible en-
tity shall submit to the Administrator an application 
at such time, in such manner, and containing such 
information as the Administrator may require, in-
cluding— 
(A) a detailed description of the partner-
ship of the eligible entity that, as determined by 
the Administrator, demonstrates the participa-
tion of members of the community at which the 
eligible entity proposes to conduct the research; 
and 
(B) a description of— 
(i) the project proposed by the eligible 
entity; and
996 
(ii) the ways by which the project 
will— 
(I) address issues relating to en-
vironmental justice; 
(II) assist in the improvement of 
health outcomes of residents and 
workers in environmental justice com-
munities; and 
(III) assist in the improvement of 
the environment of residents and 
workers in environmental justice com-
munities. 
(4) PUBLIC AVAILABILITY.—The Administrator 
shall make the results of the grants available pro-
vided under this subsection to the public, including 
by posting on the website of the Environmental Pro-
tection Agency a copy of the grant awards and an 
annual report at the beginning of each fiscal year 
describing the research findings associated with each 
grant provided under this subsection. 
(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $10,000,000 for each of fiscal years 
2021 through 2025.
997 
SEC. 11013. PROTECTIONS FOR ENVIRONMENTAL JUSTICE 
COMMUNITIES AGAINST HARMFUL FEDERAL 
ACTIONS. 
(a) PURPOSE; DEFINITIONS.— 
(1) PURPOSE.—The purpose of this section is 
to establish additional protections relating to Fed-
eral actions affecting environmental justice commu-
nities in recognition of the disproportionate burden 
of adverse human health or environmental effects 
faced by such communities. 
(2) DEFINITIONS.—In this section: 
(A) FEDERAL ACTION.—The term ‘‘Fed-
eral action’’ means a proposed action that re-
quires the preparation of an environmental im-
pact statement, environmental assessment, cat-
egorical exclusion, or other document under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(B) 
ENVIRONMENTAL
IMPACT
STATE-
MENT.—The term ‘‘environmental impact state-
ment’’ means the detailed statement of environ-
mental impacts of a proposed action required to 
be prepared pursuant to the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.).
1001 
resentative entities or organizations present in 
the environmental justice community includ-
ing— 
(i) local religious organizations; 
(ii) civic associations and organiza-
tions; 
(iii) business associations of people of 
color; 
(iv) environmental and environmental 
justice organizations, including community- 
based grassroots organizations led by peo-
ple of color; 
(v) homeowners’, tenants’, and neigh-
borhood watch groups; 
(vi) local and Tribal Governments; 
(vii) rural cooperatives; 
(viii) business and trade organiza-
tions; 
(ix) community and social service or-
ganizations; 
(x) universities, colleges, and voca-
tional schools; 
(xi) labor and other worker organiza-
tions; 
(xii) civil rights organizations;
1002 
(xiii) senior citizens’ groups; and 
(xiv) public health agencies and clin-
ics; and 
(4) provide translations of publicly available 
documents made available pursuant to the National 
Environmental Policy Act in any language spoken by 
more than 5 percent of the population residing with-
in the environmental justice community. 
(f) COMMUNICATION
METHODS
AND
REQUIRE-
MENTS.—Any notice provided under subsection (e)(3)(B) 
shall be provided— 
(1) through communication methods that are 
accessible in the environmental justice community. 
Such methods may include electronic media, news-
papers, radio, direct mailings, canvassing, and other 
outreach methods particularly targeted at commu-
nities of color, low-income communities, and Tribal 
and indigenous communities; and 
(2) at least 30 days before any hearing in such 
community or the start of any public comment pe-
riod. 
(g) REQUIREMENTS FOR ACTIONS REQUIRING AN 
ENVIRONMENTAL IMPACT STATEMENT.—For any pro-
posed Federal action affecting an environmental justice 
community requiring the preparation of an environmental
1003 
impact statement, the Federal agency shall provide the fol-
lowing information when giving notice of the proposed ac-
tion: 
(1) A description of the proposed action. 
(2) An outline of the anticipated schedule for 
completing the process under the National Environ-
mental Policy Act, with a description of key mile-
stones. 
(3) An initial list of alternatives and potential 
impacts. 
(4) An initial list of other existing or proposed 
sources of multiple or cumulative exposure to envi-
ronmental hazards that contribute to higher rates of 
serious illnesses within the environmental justice 
community. 
(5) An agency point of contact. 
(6) Timely notice of locations where comments 
will be received or public meetings held. 
(7) Any telephone number or locations where 
further information can be obtained. 
(h) NATIONAL ENVIRONMENTAL POLICY ACT RE-
QUIREMENTS FOR INDIAN TRIBES.—When carrying out 
the requirements of the National Environmental Policy 
Act for a proposed Federal action that may affect an In-
dian Tribe, a Federal agency shall—
1004 
(1) seek Tribal representation in the process in 
a manner that is consistent with the government-to- 
government relationship between the United States 
and Tribal Governments, the Federal Government’s 
trust responsibility to federally recognized Tribes, 
and any treaty rights; 
(2) ensure that an Indian Tribe is invited to 
hold the status of a cooperating agency throughout 
the National Environmental Policy Act process for 
any proposed action that could impact an Indian 
Tribe including actions that could impact off res-
ervation lands and sacred sites; and 
(3) invite an Indian Tribe to hold the status of 
a cooperating agency in accordance with paragraph 
(2) no later than the commencement of the scoping 
process for a proposed action requiring the prepara-
tion of an environmental impact statement. 
(i) AGENCY DETERMINATIONS.—Federal agency de-
terminations about the analysis of a community impact 
report described in this section shall be subject to judicial 
review to the same extent as any other analysis performed 
under the National Environmental Policy Act. 
(j) EFFECTIVE DATE.—This section shall take effect 
one year after the date of enactment of this Act.
1005 
(k) SAVINGS CLAUSE.—Nothing in this section di-
minishes— 
(1) any right granted through the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) to the public; or 
(2) the requirements under that Act to consider 
direct, indirect, and cumulative impacts. 
SEC. 11014. PROHIBITED DISCRIMINATION. 
Section 601 of the Civil Rights Act of 1964 (42 
U.S.C. 2000d) is amended— 
(1) by striking ‘‘No’’ and inserting ‘‘(a) No’’; 
and 
(2) by adding at the end the following: 
‘‘(b)(1)(A) Discrimination (including exclusion from 
participation and denial of benefits) based on disparate 
impact is established under this title if— 
‘‘(i) an entity subject to this title (re-
ferred to in this title as a ‘covered entity’) 
has a program, policy, practice, or activity 
that causes a disparate impact on the basis 
of race, color, or national origin and the 
covered entity fails to demonstrate that the 
challenged program, policy, practice, or ac-
tivity is related to and necessary to achieve 
the nondiscriminatory goal of the program,
1006 
policy, practice, or activity alleged to have 
been operated in a discriminatory manner; 
or 
‘‘(ii) a less discriminatory alternative 
program, policy, practice, or activity exists, 
and the covered entity refuses to adopt 
such alternative program, policy, practice, 
or activity. 
‘‘(B) With respect to demonstrating that a 
particular program, policy, practice, or activity 
does not cause a disparate impact, the covered 
entity shall demonstrate that each particular 
challenged program, policy, practice, or activity 
does not cause a disparate impact, except that 
if the covered entity demonstrates to the courts 
that the elements of the covered entity’s deci-
sion-making process are not capable of separa-
tion for analysis, the decision-making process 
may be analyzed as 1 program, policy, practice, 
or activity. 
‘‘(2) A demonstration that a program, policy, 
practice, or activity is necessary to achieve the goals 
of a program, policy, practice, or activity may not be 
used as a defense against a claim of intentional dis-
crimination under this title.
1007 
‘‘(c) No person in the United States shall be sub-
jected to discrimination, including retaliation or intimida-
tion, because such person opposed any program, policy, 
practice, or activity prohibited by this title, or because 
such person made a charge, testified, assisted, or partici-
pated in any manner in an investigation, proceeding, or 
hearing under this title.’’. 
SEC. 11015. RIGHT OF ACTION. 
(a) IN GENERAL.—Section 602 of the Civil Rights 
Act of 1964 (42 U.S.C. 2000d–1) is amended— 
(1) by inserting ‘‘(a)’’ before ‘‘Each Federal de-
partment and agency which is empowered’’; and 
(2) by adding at the end the following: 
‘‘(b) Any person aggrieved by the failure to comply 
with this title, including any regulation promulgated pur-
suant to this title, may file suit in any district court of 
the United States having jurisdiction of the parties, with-
out respect to the amount in controversy and without re-
gard to the citizenship of the parties.’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—This section, including the 
amendments made by this section, takes effect on 
the date of enactment of this Act. 
(2) APPLICATION.—This section, including the 
amendments made by this section, applies to all ac-
1008 
tions or proceedings pending on or after the date of 
enactment of this Act. 
SEC. 11016. RIGHTS OF RECOVERY. 
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.) is amended by inserting after section 602 
the following: 
‘‘SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED PERSONS. 
‘‘(a) CLAIMS BASED ON PROOF OF INTENTIONAL 
DISCRIMINATION.—In an action brought by an aggrieved 
person under this title against a covered entity who has 
engaged in unlawful intentional discrimination (not a 
practice that is unlawful because of its disparate impact) 
prohibited under this title (including its implementing reg-
ulations), the aggrieved person may recover equitable and 
legal relief (including compensatory and punitive dam-
ages), attorney’s fees (including expert fees), and costs of 
the action, except that punitive damages are not available 
against a government, government agency, or political 
subdivision. 
‘‘(b) CLAIMS BASED ON THE DISPARATE IMPACT 
STANDARD OF PROOF.—In an action brought by an ag-
grieved person under this title against a covered entity 
who has engaged in unlawful discrimination based on dis-
parate impact prohibited under this title (including imple-
menting regulations), the aggrieved person may recover
1009 
attorney’s fees (including expert fees), and costs of the 
action.’’. 
SEC. 11017. PUBLIC HEALTH RISKS ASSOCIATED WITH CU-
MULATIVE ENVIRONMENTAL STRESSORS. 
(a) PROPOSED PROTOCOL.—Not later than 180 days 
after the date of enactment of this section, the Adminis-
trator, in consultation with the Advisory Council, shall 
publish a proposal for a protocol for assessing and ad-
dressing the cumulative public health risks associated with 
multiple environmental stressors. The Administrator shall 
allow 90 days for public comment on such proposal. The 
environmental stressors addressed under such proposal 
shall include— 
(1) impacts associated with global climate 
change, including extreme heat, extremes in tem-
perature change, drought, wildfires, sea level rise, 
flooding, storms, water shortage, food shortage, eco-
system disruption, and the spread of infectious dis-
ease; 
(2) exposure to pollutants, emissions, dis-
charges, waste, chemicals, or other materials subject 
to regulation under the Clean Air Act, the Federal 
Water Pollution Control Act, the Safe Drinking 
Water Act, the Toxic Substances Control Act, the 
Solid Waste Disposal Act, the Comprehensive Envi-
1010 
ronmental Response, Compensation, and Liability 
Act of 1980, the Emergency Planning and Commu-
nity Right-to-Know Act of 1986, and other laws ad-
ministered by the Administrator; and 
(3) other environmental stressors determined by 
the Administrator to impact public health. 
(b) FINAL PROTOCOL.—Not later than 1 year after 
the enactment of this section, the Administrator shall pub-
lish the final protocol for assessing and addressing the cu-
mulative public health risks associated with multiple envi-
ronmental stressors. 
(c) IMPLEMENTATION.—Not later than 3 years after 
the enactment of this section, the Administrator shall im-
plement the protocol described under subsection (b). 
SEC. 11018. CLIMATE JUSTICE GRANT PROGRAM. 
(a) ESTABLISHMENT.—The Administrator shall es-
tablish a program under which the Administrator shall 
provide grants to eligible entities to assist the eligible enti-
ties in— 
(1) building capacity to address issues relating 
to climate justice; and 
(2) carrying out any activity described in sub-
section (d). 
(b) ELIGIBILITY.—To be eligible to receive a grant 
under subsection (a), an eligible entity shall be a tribal
1011 
government, local government, or nonprofit, community- 
based organization. 
(c) APPLICATION.—To be eligible to receive a grant 
under subsection (a), an eligible entity shall submit to the 
Administrator an application at such time, in such man-
ner, and containing such information as the Administrator 
may require, including— 
(1) an outline describing the means by which 
the project proposed by the eligible entity will— 
(A) with respect to climate justice issues at 
the local level, increase the understanding of 
the environmental justice community at which 
the eligible entity will conduct the project; 
(B) improve the ability of the environ-
mental justice community to address each issue 
described in subparagraph (A); 
(C) facilitate collaboration and cooperation 
among various stakeholders (including members 
of the environmental justice community); and 
(D) support the ability of the environ-
mental justice community to proactively plan 
and implement climate justice initiatives; 
(2) a proposed budget for each activity of the 
project that is the subject of the application;
1013 
(3) to identify and implement projects to ad-
dress climate justice concerns, including community 
solar and wind energy projects, energy efficiency, 
home and building electrification, home and building 
weatherization, energy storage, solar and wind en-
ergy supported microgrids, battery electric vehicles, 
electric vehicle charging infrastructure, natural in-
frastructure, and climate resilient infrastructure. 
(e) LIMITATIONS ON AMOUNT.—The amount of a 
grant under this section may not exceed $2,000,000 for 
any grant recipient. 
(f) REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, and annually 
thereafter, the Administrator shall submit to the 
Committees on Energy and Commerce and Natural 
Resources of the House of Representatives and the 
Committees on Environment and Public Works and 
Energy and Natural Resources of the Senate a re-
port describing the ways by which the grant pro-
gram under this subsection has helped eligible enti-
ties address issues relating to energy and climate 
justice. 
(2) PUBLIC AVAILABILITY.—The Administrator 
shall make each report required under paragraph (1)
1014 
available to the public (including by posting a copy 
of the report on the website of the Environmental 
Protection Agency). 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this subsection 
$1,000,000,000 for each of fiscal years 2021 through 
2025. The Administrator may not use more than 2 per-
cent of the amount appropriated for each fiscal year for 
administrative expenses, including outreach and technical 
assistance to eligible entities. 
SEC. 11019. ENVIRONMENTAL JUSTICE FOR COMMUNITIES 
OVERBURDENED BY ENVIRONMENTAL VIOLA-
TIONS. 
(a) IDENTIFICATION OF COMMUNITIES.—Not later 
than 180 days after the date of enactment of this section, 
the Administrator shall, in consultation with the Advisory 
Council and co-regulators in State and local agencies, 
identify at least 100 communities— 
(1) that are environmental justice communities; 
and 
(2) in which there have been over the previous 
5 years a number of violations of environmental law 
that the Administrator determines to be greater 
than the national average of such violations.
1015 
(b) ANALYSIS AND RECOMMENDATIONS.—Not later 
than 1 year after the enactment of this section, with re-
spect to each community identified under subsection (a), 
and in consultation with the Advisory Council, the Admin-
istrator shall— 
(1) undertake an analysis of the conditions 
which have led to the number of violations identified 
under subsection (a)(1), including through commu-
nity-based science implemented through engagement 
with the residents of each such community; 
(2) identify the root cause of the number of vio-
lations described under subsection (a)(1); and 
(3) recommend measures that the Adminis-
trator shall take, in coordination with co-regulators 
in State and local agencies, to reduce the number of 
violations of environmental law to a number that the 
Administrator determines to be significantly below 
the national average. 
(c) IMPLEMENTATION.—Not later than 2 years after 
the date of enactment of this section, the Administrator 
shall complete the implementation of the measures identi-
fied under subsection (b)(3).
1016 
TITLE XII—OTHER MATTERS 
Subtitle A—Blue Collar to Green 
Collar Jobs Development 
PART 1—OFFICE OF ECONOMIC IMPACT, 
DIVERSITY, AND EMPLOYMENT 
SEC. 12101. NAME OF OFFICE. 
(a) IN GENERAL.—Section 211 of the Department of 
Energy Organization Act (42 U.S.C. 7141) is amended— 
(1) in the section heading, by striking ‘‘MINOR-
ITY ECONOMIC IMPACT’’ and inserting ‘‘ECONOMIC 
IMPACT, DIVERSITY, AND EMPLOYMENT’’; and 
(2) in subsection (a), by striking ‘‘Office of Mi-
nority Economic Impact’’ and inserting ‘‘Office of 
Economic Impact, Diversity, and Employment’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Department of Energy Organization Act is 
amended by amending the item relating to section 211 to 
read as follows: 
‘‘Sec. 211. Office of Economic Impact, Diversity, and Employment.’’. 
SEC. 12102. ENERGY WORKFORCE DEVELOPMENT PRO-
GRAMS. 
Section 211 of the Department of Energy Organiza-
tion Act (42 U.S.C. 7141) is amended— 
(1) by redesignating subsections (f) and (g) as 
subsections (g) and (h), respectively; and
1017 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) The Secretary, acting through the Director, shall 
support the establishment and execution of the programs 
described in sections 12111 and 12112 of the Clean Econ-
omy Jobs and Innovation Act.’’. 
SEC. 12103. AUTHORIZATION. 
Subsection (h) of section 211 of the Department of 
Energy Organization Act (42 U.S.C. 7141), as redesig-
nated by section 12102 of this Act, is amended by striking 
‘‘not to exceed $3,000,000 for fiscal year 1979, not to ex-
ceed $5,000,000 for fiscal year 1980, and not to exceed 
$6,000,000 for fiscal year 1981. Of the amounts so appro-
priated each fiscal year, not less than 50 percent shall be 
available for purposes of financial assistance under sub-
section (e).’’ and inserting ‘‘$100,000,000 for each of fis-
cal years 2021 through 2025.’’. 
PART 2—ENERGY WORKFORCE DEVELOPMENT 
SEC. 12111. ENERGY WORKFORCE DEVELOPMENT. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations for such purpose, the Secretary of Labor and 
the Secretary of Energy, acting through the Director of 
the Office of Economic Impact, Diversity, and Employ-
ment, shall jointly establish and carry out a comprehen-
sive, nationwide program to improve education and train-
1018 
ing for jobs in energy-related industries, including manu-
facturing, engineering, construction, and retrofitting jobs 
in such energy-related industries in order to the increase 
number of skilled workers trained to work in such energy- 
related industries, including by— 
(1) encouraging underrepresented groups, in-
cluding religious and ethnic minorities, women, vet-
erans, individuals with disabilities, unemployed en-
ergy workers, and socioeconomically disadvantaged 
individuals to enter into the science, technology, en-
gineering, and mathematics (in this section referred 
to as ‘‘STEM’’) fields; 
(2) encouraging the Nation’s educational insti-
tutions 
to 
equip 
students 
with 
the 
skills, 
mentorships, training, and technical expertise nec-
essary to fill the employment opportunities vital to 
managing and operating the Nation’s energy-related 
industries; 
(3) providing students and other candidates for 
employment with the necessary skills and certifi-
cations for skilled jobs in such energy-related indus-
tries; and 
(4) strengthening and more fully engaging De-
partment of Energy programs and laboratories in
1019 
carrying out the Department’s Minorities in Energy 
Initiative. 
(b) DIRECT ASSISTANCE.— 
(1) IN GENERAL.—In carrying out the program 
established under subsection (a), the Secretaries 
may provide financial assistance awards, technical 
assistance, and other assistance the Secretaries de-
termine appropriate, to educational institutions and 
training programs and providers, including those 
serving unemployed and underemployed energy 
workers. 
(2) DISTRIBUTION.—The Secretaries shall dis-
tribute assistance described in paragraph (1) in a 
manner proportional to the needs of energy-related 
industries and demand for jobs in energy-related in-
dustries, consistent with information developed 
under subsection (e), and to the extent practicable, 
ensure a geographically diverse distribution, includ-
ing a geographically diverse distribution among re-
gions of the country and among urban, suburban, 
and rural areas. 
(c) PRIORITY.—In carrying out the program estab-
lished under subsection (a) the Secretaries shall prioritize 
the education and training of individuals from underrep-
resented populations for jobs in energy-related industries.
1020 
(d) COLLABORATION AND OUTREACH.—In carrying 
out the program established under subsection (a), the Sec-
retaries shall— 
(1) collaborate with— 
(A) to the maximum extent possible, State 
or local workforce development boards and 
State workforce agencies, to maximize program 
efficiency; 
(B) educational institutions and training 
programs and providers; and 
(C) employers and labor organizations in 
energy-related industries providing opportuni-
ties to participate in internships, fellowships, 
traineeships, and apprenticeships to students, 
including students of minority-serving institu-
tions and unemployed or underemployed energy 
workers, and other candidates, such as under-
represented populations; and 
(2) conduct outreach activities to— 
(A) encourage individuals from underrep-
resented populations and unemployed or under-
employed energy workers to enter into the 
STEM fields; and 
(B) encourage and foster collaboration, 
mentorships, and partnerships among energy-
1022 
ergy-related industries for which there is 
the greatest demand; and 
(B) act as a resource for educational insti-
tutions and training programs and providers 
that would like to develop and implement train-
ing programs for such jobs. 
(2) REPORT.—The Secretaries shall annually 
publish a report on the information and other re-
sources developed, maintained, and updated on the 
clearinghouse established under paragraph (1), in-
cluding— 
(A) a report providing comprehensive and 
detailed description of the workforce needs of 
such energy-related industries, and job opportu-
nities in such energy-related industries, by 
State and by region; and 
(B) publish an annual report on job cre-
ation in the energy-related industries described 
in subsection (f)(1). 
(f) GUIDELINES TO DEVELOP SKILLS FOR AN EN-
ERGY INDUSTRY WORKFORCE.— 
(1) IN GENERAL.—In carrying out the program 
established under subsection (a), the Secretaries, in 
collaboration with the Secretary of Education, the 
Secretary of Commerce, and the National Science