I 
116TH CONGRESS 
2D SESSION 
H. R. 7303 
To provide additional funds for Federal and State facility energy resiliency 
programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 24, 2020 
Ms. BLUNT ROCHESTER introduced the following bill; which was referred to 
the Committee on Energy and Commerce 
A BILL 
To provide additional funds for Federal and State facility 
energy resiliency programs, 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 ‘‘Open Back Better Act 
of 2020’’. 
SEC. 2. FACILITIES ENERGY RESILIENCY. 
(a) DEFINITIONS.—In this section: 
(1) COVERED
PROJECT.—The term ‘‘covered 
project’’ means a building project at an eligible facil-
ity that— 
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(A) increases— 
(i) resiliency, including— 
(I) public health and safety; 
(II) power outages; 
(III) natural disasters; 
(IV) indoor air quality; and 
(V) 
any 
modifications 
neces-
sitated by the COVID–19 pandemic; 
(ii) energy efficiency; 
(iii) renewable energy; and 
(iv) grid integration; and 
(B) may have combined heat and power 
and energy storage as project components. 
(2) 
EARLY
CHILDHOOD
EDUCATION
PRO-
GRAM.—The term ‘‘early childhood education pro-
gram’’ has the meaning given the term in section 
103 of the Higher Education Act of 1965 (20 
U.S.C. 1003). 
(3) ELEMENTARY SCHOOL.—The term ‘‘elemen-
tary school’’ has the meaning given the term in sec-
tion 8101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801). 
(4) ELIGIBLE FACILITY.—The term ‘‘eligible fa-
cility’’ means a public facility, as determined by the 
Secretary, including— 
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(A) a public school, including an elemen-
tary school and a secondary school; 
(B) a facility used to operate an early 
childhood education program; 
(C) a local educational agency; 
(D) a medical facility; 
(E) a local or State government building; 
(F) a community facility; 
(G) a public safety facility; 
(H) a day care center; 
(I) an institution of higher education; 
(J) a public library; and 
(K) a wastewater treatment facility. 
(5) ENVIRONMENTAL
JUSTICE
COMMUNITY.— 
The term ‘‘environmental justice community’’ means 
a community with significant representation of com-
munities of color, low income communities, or Tribal 
and indigenous communities, that experiences, or is 
at risk of experiencing, higher or more adverse 
human health or environmental effects. 
(6) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001). 
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(7) LOCAL EDUCATIONAL AGENCY.—The term 
‘‘local educational agency’’ has the meaning given 
the term in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801). 
(8) LOW
INCOME.—The term ‘‘low income’’, 
with respect to a household, means an annual house-
hold income equal to, or less than, the greater of— 
(A) 80 percent of the median income of the 
area in which the household is located, as re-
ported by the Department of Housing and 
Urban Development; and 
(B) 200 percent of the Federal poverty 
line. 
(9) LOW INCOME COMMUNITY.—The term ‘‘low 
income community’’ means a census block group in 
which not less than 30 percent of households are low 
income. 
(10) SECONDARY
SCHOOL.—The term ‘‘sec-
ondary school’’ has the meaning given the term in 
section 8101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801). 
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Energy. 
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(12) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 3 of the Energy Policy 
and Conservation Act (42 U.S.C. 6202). 
(13) STATE
ENERGY
PROGRAM.—The term 
‘‘State Energy Program’’ means the State Energy 
Program established under part D of title III of the 
Energy Policy and Conservation Act (42 U.S.C. 
6321 et seq.). 
(14) TRIBAL ORGANIZATION.— 
(A) IN GENERAL.—The term ‘‘tribal orga-
nization’’ has the meaning given the term in 
section 3765 of title 38, United States Code. 
(B) 
TECHNICAL
AMENDMENT.—Section 
3765(4) of title 38, United States Code, is 
amended by striking ‘‘section 4(l) of the Indian 
Self-Determination and Education Assistance 
Act (25 U.S.C. 450b(l))’’ and inserting ‘‘section 
4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304)’’. 
(b) STATE PROGRAMS.— 
(1) ESTABLISHMENT.—Not later than 60 days 
after the date of enactment of this Act, the Sec-
retary shall distribute grants to States under the 
State Energy Program, in accordance with the allo-
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cation formula established under that Program, to 
implement covered projects. 
(2) USE OF FUNDS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), grant funds under paragraph (1) 
may be used for technical assistance, project fa-
cilitation, and administration. 
(B) TECHNICAL
ASSISTANCE.—A State 
may use not more than 10 percent of grant 
funds received under paragraph (1) to provide 
technical assistance for the development, facili-
tation, management, oversight, and measure-
ment of results of covered projects implemented 
using those funds. 
(C) ENVIRONMENTAL JUSTICE AND OTHER 
COMMUNITIES.—To support communities ad-
versely impacted by the COVID–19 pandemic, a 
State shall use not less than 40 percent of 
grant funds received under paragraph (1) to 
implement covered projects in environmental 
justice communities or low income communities. 
(D) PRIVATE FINANCING.—A State receiv-
ing a grant under paragraph (1) shall— 
(i) to the extent practicable, leverage 
private financing for cost-effective energy 
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efficiency, renewable energy, resiliency, and 
other smart-building improvements, such 
as by entering into an energy service per-
formance contract; but 
(ii) maintain the use of grant funds to 
carry out covered projects with more 
project resiliency, public health, and cap-
ital-intensive efficiency and emission reduc-
tion components than are typically avail-
able through private energy service per-
formance contracts. 
(E) GUIDANCE.—In carrying out a covered 
project using grant funds received under para-
graph (1), a State shall, to the extent prac-
ticable, adhere to guidance developed by the 
Secretary pursuant to the American Recovery 
and Reinvestment Act of 2009 (Public Law 
111–5; 123 Stat. 115) relating to distribution 
of funds, if that guidance will speed the dis-
tribution of funds under this subsection. 
(3) NO
MATCHING
REQUIREMENT.—Notwith-
standing any other provision of law, a State receiv-
ing a grant under paragraph (1) shall not be re-
quired to provide any amount of matching funding. 
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(6) SUPPLEMENT, 
NOT
SUPPLANT.—Funds 
made available under paragraph (5) shall supple-
ment, not supplant, any other funds made available 
to States for the State Energy Program or the 
weatherization assistance program established under 
part A of title IV of the Energy Conservation and 
Production Act (42 U.S.C. 6861 et seq.). 
(c) FEDERAL ENERGY MANAGEMENT PROGRAM.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Secretary 
shall use the funds appropriated under paragraph 
(4) to provide grants under the AFFECT program 
under the Federal Energy Management Program of 
the Department of Energy to implement covered 
projects. 
(2) PRIVATE
FINANCING.—A recipient of a 
grant under paragraph (1) shall— 
(A) to the extent practicable, leverage pri-
vate financing for cost-effective energy effi-
ciency, renewable energy, resiliency, and other 
smart-building improvements, such as by enter-
ing into an energy service performance contract; 
but 
(B) maintain the use of grant funds to 
carry out covered projects with more project re-
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siliency, public health, and capital-intensive effi-
ciency and emission reduction components than 
are typically available through private energy 
service performance contracts. 
(3) REPORT.—Not later than 1 year after the 
date on which grants are distributed under para-
graph (1), and each year thereafter until the funds 
appropriated under paragraph (4) are no longer 
available, the Secretary shall submit a report on the 
use of those funds to— 
(A) the Subcommittee on Energy and 
Water Development of the Committee on Ap-
propriations of the Senate; 
(B) the Subcommittee on Energy and 
Water Development and Related Agencies of 
the Committee on Appropriations of the House 
of Representatives; 
(C) the Committee on Energy and Natural 
Resources of the Senate; and 
(D) the Committee on Energy and Com-
merce of the House of Representatives. 
(4) FUNDING.—In addition to any amounts 
made available to the Secretary to carry out the AF-
FECT program described in paragraph (1), there is 
appropriated to the Secretary, out of funds in the 
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Treasury not otherwise appropriated, $500,000,000 
to carry out this subsection, to remain available 
until September 30, 2025. 
(d) TRIBAL ORGANIZATIONS.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Secretary, act-
ing through the head of the Office of Indian Energy, 
shall distribute funds made available under para-
graph (3) to tribal organizations to implement cov-
ered projects. 
(2) REPORT.—Not later than 1 year after the 
date on which funds are distributed under para-
graph (1), and each year thereafter until the funds 
made available under paragraph (3) are no longer 
available, the Secretary shall submit a report on the 
use of those funds to— 
(A) the Subcommittee on Energy and 
Water Development of the Committee on Ap-
propriations of the Senate; 
(B) the Subcommittee on Energy and 
Water Development and Related Agencies of 
the Committee on Appropriations of the House 
of Representatives; 
(C) the Committee on Energy and Natural 
Resources of the Senate; and 
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(D) the Committee on Energy and Com-
merce of the House of Representatives. 
(3) FUNDING.—There is appropriated to the 
Secretary, out of funds in the Treasury not other-
wise appropriated, $1,500,000,000 to carry out this 
subsection, to remain available until September 30, 
2025. 
(e) USE OF AMERICAN IRON, STEEL, AND MANUFAC-
TURED GOODS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), none of the funds made available by or 
pursuant to this section may be used for a covered 
project unless all of the iron, steel, and manufac-
tured goods used in the project are produced in the 
United States. 
(2) 
EXCEPTIONS.—The 
requirement 
under 
paragraph (1) shall be waived by the head of the rel-
evant Federal department or agency in any case or 
category of cases in which the head of the relevant 
Federal department or agency determines that— 
(A) adhering to that requirement would be 
inconsistent with the public interest; 
(B) the iron, steel, and manufactured 
goods needed for the project are not produced 
in the United States— 
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(i) in sufficient and reasonably avail-
able quantities; and 
(ii) in a satisfactory quality; or 
(C) the inclusion of iron, steel, and rel-
evant manufactured goods produced in the 
United States would increase the overall cost of 
the project by more than 25 percent. 
(3) WAIVER PUBLICATION.—If the head of a 
Federal department or agency makes a determina-
tion under paragraph (2) to waive the requirement 
under paragraph (1), the head of the Federal de-
partment or agency shall publish in the Federal 
Register a detailed justification for the waiver. 
(4) INTERNATIONAL AGREEMENTS.—This sub-
section shall be applied in a manner consistent with 
the obligations of the United States under all appli-
cable international agreements. 
(f) WAGE RATE REQUIREMENTS.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, all laborers and mechanics em-
ployed by contractors and subcontractors on projects 
funded directly or assisted in whole or in part by the 
Federal Government pursuant to this section shall 
be paid wages at rates not less than those prevailing 
on projects of a similar character in the locality, as 
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