I 
117TH CONGRESS 
1ST SESSION H. R. 5367 
To direct the Secretary of Energy to establish a program to award grants 
for qualifying advanced energy projects, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 24, 2021 
Mr. LAMB introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
A BILL 
To direct the Secretary of Energy to establish a program 
to award grants for qualifying advanced energy projects, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Advancing Energy 
Manufacturing in Coal Communities Act’’. 
SEC. 2. ADVANCED ENERGY MANUFACTURING AND RECY-
CLING GRANT PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ADVANCED ENERGY PROPERTY.—The term 
‘‘advanced energy property’’ means— 
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(A) property designed to be used to 
produce energy from the sun, water, wind, geo-
thermal or hydrothermal (as those terms are 
defined in section 612 of the Energy Independ-
ence and Security Act of 2007 (42 U.S.C. 
17191)) resources, enhanced geothermal sys-
tems (as defined in that section), or other re-
newable resources; 
(B) fuel cells, microturbines, or energy 
storage systems and components; 
(C) electric grid modernization equipment 
or components; 
(D) property designed to capture, remove, 
use, or sequester carbon oxide emissions; 
(E) 
equipment 
designed 
to 
refine, 
electrolyze, or blend any fuel, chemical, or prod-
uct that is— 
(i) renewable; or 
(ii) low-carbon and low-emission; 
(F) property designed to produce energy 
conservation technologies (including for residen-
tial, commercial, and industrial applications); 
(G)(i) light-, medium-, or heavy-duty elec-
tric or fuel cell vehicles, electric or fuel cell loco-
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motives, electric or fuel cell maritime vessels, or 
electric or fuel cell planes; 
(ii) technologies, components, and mate-
rials of those vehicles, locomotives, maritime 
vessels, or planes; and 
(iii) charging or refueling infrastructure 
associated with those vehicles, locomotives, mar-
itime vessels, or planes; 
(H)(i) hybrid vehicles with a gross vehicle 
weight rating of not less than 14,000 pounds; 
and 
(ii) technologies, components, and mate-
rials for those vehicles; and 
(I) other advanced energy property de-
signed to reduce greenhouse gas emissions, as 
may be determined by the Secretary. 
(2) COVERED CENSUS TRACT.—The term ‘‘cov-
ered census tract’’ means a census tract— 
(A) in which, after December 31, 1999, a 
coal mine had closed; 
(B) in which, after December 31, 2009, a 
coal-fired electricity generating unit had been 
retired; or 
(C) that is immediately adjacent to a cen-
sus tract described in subparagraph (A) or (B). 
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(3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means a manufacturing firm— 
(A) the gross annual sales of which are 
less than $100,000,000; 
(B) that has fewer than 500 employees at 
the plant site of the manufacturing firm; and 
(C) the annual energy bills of which total 
more than $100,000 but less than $2,500,000. 
(4) MINORITY-OWNED.—The term ‘‘minority- 
owned’’, with respect to an eligible entity, means an 
eligible entity not less than 51 percent of which is 
owned by 1 or more individuals who are— 
(A) citizens of the United States; and 
(B) Asian American, Native Hawaiian, Pa-
cific Islander, African American, Hispanic, 
Puerto Rican, Native American, or Alaska Na-
tive. 
(5) PROGRAM.—The term ‘‘Program’’ means 
the grant program established under subsection (b). 
(6) 
QUALIFYING
ADVANCED
ENERGY 
PROJECT.—The term ‘‘qualifying advanced energy 
project’’ means a project that— 
(A)(i) re-equips, expands, or establishes a 
manufacturing or recycling facility for the pro-
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duction or recycling, as applicable, of advanced 
energy property; or 
(ii) re-equips an industrial or manufac-
turing facility with equipment designed to re-
duce the greenhouse gas emissions of that facil-
ity substantially below the greenhouse gas emis-
sions under current best practices, as deter-
mined by the Secretary, through the installation 
of— 
(I) low- or zero-carbon process heat 
systems; 
(II) carbon capture, transport, utiliza-
tion, and storage systems; 
(III) technology relating to energy ef-
ficiency and reduction in waste from indus-
trial processes; or 
(IV) any other industrial technology 
that significantly reduces greenhouse gas 
emissions, as determined by the Secretary; 
(B) has a reasonable expectation of com-
mercial viability, as determined by the Sec-
retary; and 
(C) is located in a covered census tract. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
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(b) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this Act, the Secretary shall es-
tablish a program to award grants to eligible entities to 
carry out qualifying advanced energy projects. 
(c) APPLICATIONS.— 
(1) IN GENERAL.—Each eligible entity seeking 
a grant under the Program shall submit to the Sec-
retary an application at such time, in such manner, 
and containing such information as the Secretary 
may require, including a description of the proposed 
qualifying advanced energy project to be carried out 
using the grant. 
(2) SELECTION CRITERIA.— 
(A) PROJECTS.—In selecting eligible enti-
ties to receive grants under the Program, the 
Secretary shall, with respect to the qualifying 
advanced energy projects proposed by the eligi-
ble entities, give higher priority to projects 
that— 
(i) will provide higher net impact in 
avoiding or reducing anthropogenic emis-
sions of greenhouse gases; 
(ii) will result in a higher level of do-
mestic job creation (both direct and indi-
rect) during the lifetime of the project; 
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(iii) will result in a higher level of job 
creation in the vicinity of the project, par-
ticularly with respect to— 
(I) low-income communities (as 
described in section 45D(e) of the In-
ternal Revenue Code of 1986); and 
(II) dislocated workers who were 
previously employed in manufacturing, 
coal power plants, or coal mining; 
(iv) have higher potential for techno-
logical innovation and commercial deploy-
ment; 
(v) have a lower levelized cost of— 
(I) generated or stored energy; or 
(II) measured reduction in en-
ergy consumption or greenhouse gas 
emission (based on costs of the full 
supply chain); and 
(vi) have a shorter project time. 
(B) ELIGIBLE ENTITIES.—In selecting eli-
gible entities to receive grants under the Pro-
gram, the Secretary shall give priority to eligi-
ble entities that are minority-owned. 
(d) PREVAILING WAGES.—To be eligible to receive a 
grant under the Program, an eligible entity shall submit 
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to the Secretary a written assurance that all laborers and 
mechanics employed by any contractor or subcontractor 
in the performance of work funded, in whole or in part, 
by the grant shall be paid wages at rates not less than 
those prevailing on work of a similar character in the lo-
cality, as determined by the Secretary of Labor under sub-
chapter IV of chapter 31 of title 40, United States Code 
(commonly referred to as the Davis-Bacon Act). With re-
spect to the labor standards in this subsection, the Sec-
retary of Labor shall have the authority and functions set 
forth in Reorganization Plan Numbered 14 of 1950 (64 
Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, 
United States Code. 
(e) PROJECT COMPLETION AND LOCATION; RETURN 
OF UNOBLIGATED FUNDS.— 
(1) COMPLETION; RETURN
OF
UNOBLIGATED 
FUNDS.—An eligible entity that receives a grant 
under the Program shall be required— 
(A) to complete the qualifying advanced 
energy project funded by the grant not later 
than 3 years after the date of receipt of the 
grant funds; and 
(B) to return to the Secretary any grant 
funds that remain unobligated at the end of 
that 3-year period. 
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(2) LOCATION.—If the Secretary determines 
that an eligible entity awarded a grant under the 
Program has carried out the applicable qualifying 
advanced energy project at a location that is materi-
ally different from the location specified in the appli-
cation for the grant, the eligible entity shall be re-
quired to return the grant funds to the Secretary. 
(f) TECHNICAL ASSISTANCE.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary shall provide technical assistance on a selec-
tive basis to eligible entities that are seeking a grant 
under the Program to enhance the impact of the 
qualifying advanced energy project to be carried out 
using the grant with respect to the selection criteria 
described in subsection (c)(2)(A). 
(2) APPLICATIONS.—An eligible entity desiring 
technical assistance under paragraph (1) shall sub-
mit to the Secretary an application at such time, in 
such manner, and containing such information as 
the Secretary may require. 
(3) FACTORS FOR CONSIDERATION.—In select-
ing eligible entities for technical assistance under 
paragraph (1), the Secretary shall give higher pri-
ority to eligible entities that propose a qualifying ad-
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vanced energy project that has greater potential for 
enhancement of the impact of the project with re-
spect to the selection criteria described in subsection 
(c)(2)(A). 
(g) PUBLICATION OF GRANTS.—The Secretary shall 
make publicly available the identity of each eligible entity 
awarded a grant under the Program and the amount of 
the grant. 
(h) REPORT.—Not later than 4 years after the date 
of enactment this Act, the Secretary shall— 
(1) review the grants awarded under the Pro-
gram; and 
(2) submit to the Committee on Energy and 
Natural Resources of the Senate and the Committee 
on Energy and Commerce of the House of Rep-
resentatives a report describing those grants. 
(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry 
out the Program $750,000,000 for the period of fiscal 
years 2022 through 2026. 
Æ 
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