1410 
† HR 3684 EAS 
opment and processing of applications, operating 
plans, leases, licenses, permits, and other use author-
izations for critical mineral-related activities on Fed-
eral land, including by— 
(A) calculating the range, the mean, the me-
dian, the variance, and other statistical meas-
ures or representations of the period of time; and 
(B) taking into account other aspects that 
affect the period of time that are outside the con-
trol of the Executive branch, such as judicial re-
view, applicant decisions, or State and local gov-
ernment involvement; and 
(4) describes actions carried out pursuant to sub-
section (c). 
(e) PERFORMANCE METRIC.—Not later than 90 days 
after the date of submission of the report under subsection 
(d), and after providing public notice and an opportunity 
to comment, the Secretaries, using as a baseline the period 
of time quantified under paragraph (3) of that subsection, 
shall develop and publish a performance metric for evalu-
ating the progress made by the Executive branch to expedite 
the permitting of activities that will increase exploration 
for, and development of, domestic critical minerals, while 
maintaining environmental standards.
1411 
† HR 3684 EAS 
(f) ANNUAL REPORTS.—Not later than the date on 
which the President submits the first budget of the President 
under section 1105 of title 31, United States Code, after 
publication of the performance metric required under sub-
section (e), and annually thereafter, the Secretaries shall 
submit to Congress a report that— 
(1) summarizes the implementation of rec-
ommendations, measures, and options identified in 
paragraphs (1) and (2) of subsection (d); 
(2) using the performance metric developed 
under subsection (e), describes progress made by the 
Executive branch, as compared to the baseline devel-
oped pursuant to subsection (d)(3), in expediting the 
permitting of activities that will increase exploration 
for, and development of, domestic critical minerals; 
and 
(3) compares the United States to other countries 
in terms of permitting efficiency and any other cri-
teria relevant to the globally competitive critical min-
erals industry. 
(g) INDIVIDUAL PROJECTS.—Each year, using data 
contained in the reports submitted under subsection (f), the 
Director of the Office of Management and Budget shall 
prioritize inclusion of individual critical mineral projects 
on the website operated by the Office of Management and
1412 
† HR 3684 EAS 
Budget in accordance with section 1122 of title 31, United 
States Code. 
SEC. 40207. BATTERY PROCESSING AND MANUFACTURING. 
(a) DEFINITIONS.—In this section: 
(1) ADVANCED BATTERY.—The term ‘‘advanced 
battery’’ means a battery that consists of a battery 
cell that can be integrated into a module, pack, or 
system to be used in energy storage applications, in-
cluding electric vehicles and the electric grid. 
(2) ADVANCED BATTERY COMPONENT.— 
(A) IN GENERAL.—The term ‘‘advanced bat-
tery component’’ means a component of an ad-
vanced battery. 
(B) INCLUSIONS.—The term ‘‘advanced bat-
tery component’’ includes materials, enhance-
ments, enclosures, anodes, cathodes, electrolytes, 
cells, and other associated technologies that com-
prise an advanced battery. 
(3) BATTERY
MATERIAL.—The term ‘‘battery 
material’’ means the raw and processed form of a 
mineral, metal, chemical, or other material used in 
an advanced battery component. 
(4) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means an entity described in any of paragraphs
1413 
† HR 3684 EAS 
(1) through (5) of section 989(b) of the Energy Policy 
Act of 2005 (42 U.S.C. 16353(b)). 
(5) FOREIGN ENTITY OF CONCERN.—The term 
‘‘foreign entity of concern’’ means a foreign entity 
that is— 
(A) designated as a foreign terrorist organi-
zation by the Secretary of State under section 
219(a) of the Immigration and Nationality Act 
(8 U.S.C. 1189(a)); 
(B) included on the list of specially des-
ignated nationals and blocked persons main-
tained by the Office of Foreign Assets Control of 
the Department of the Treasury (commonly 
known as the ‘‘SDN list’’); 
(C) owned by, controlled by, or subject to 
the jurisdiction or direction of a government of 
a foreign country that is a covered nation (as de-
fined in section 2533c(d) of title 10, United 
States Code); 
(D) alleged by the Attorney General to have 
been involved in activities for which a conviction 
was obtained under— 
(i) chapter 37 of title 18, United States 
Code (commonly known as the ‘‘Espionage 
Act’’);
1414 
† HR 3684 EAS 
(ii) section 951 or 1030 of title 18, 
United States Code; 
(iii) chapter 90 of title 18, United 
States Code (commonly known as the ‘‘Eco-
nomic Espionage Act of 1996’’); 
(iv) the Arms Export Control Act (22 
U.S.C. 2751 et seq.); 
(v) section 224, 225, 226, 227, or 236 
of the Atomic Energy Act of 1954 (42 
U.S.C. 2274, 2275, 2276, 2277, and 2284); 
(vi) the Export Control Reform Act of 
2018 (50 U.S.C. 4801 et seq.); or 
(vii) the International Emergency Eco-
nomic Powers Act (50 U.S.C. 1701 et seq.); 
or 
(E) determined by the Secretary, in con-
sultation with the Secretary of Defense and the 
Director of National Intelligence, to be engaged 
in unauthorized conduct that is detrimental to 
the national security or foreign policy of the 
United States. 
(6) MANUFACTURING.—The term ‘‘manufac-
turing’’, with respect to an advanced battery and an 
advanced battery component, means the industrial
1415 
† HR 3684 EAS 
and chemical steps taken to produce that advanced 
battery or advanced battery component, respectively. 
(7) PROCESSING.—The term ‘‘processing’’, with 
respect to battery material, means the refining of ma-
terials, including the treating, baking, and coating 
processes used to convert raw products into con-
stituent materials employed directly in advanced bat-
tery manufacturing. 
(8) RECYCLING.—The term ‘‘recycling’’ means 
the recovery of materials from advanced batteries to 
be reused in similar applications, including the ex-
tracting, processing, and recoating of battery mate-
rials and advanced battery components. 
(b) BATTERY MATERIAL PROCESSING GRANTS.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Secretary shall 
establish within the Office of Fossil Energy a pro-
gram, to be known as the ‘‘Battery Material Proc-
essing Grant Program’’ (referred to in this subsection 
as the ‘‘program’’), under which the Secretary shall 
award grants in accordance with this subsection. 
(2) PURPOSES.—The purposes of the program 
are— 
(A) to ensure that the United States has a 
viable battery materials processing industry to
1417 
† HR 3684 EAS 
(B) AMOUNT LIMITATION.—The amount of 
a grant awarded under the program shall be not 
less than— 
(i) $50,000,000 for an eligible entity 
carrying out 1 or more projects described in 
subparagraph (A)(i); 
(ii) $100,000,000 for an eligible entity 
carrying out 1 or more projects described in 
subparagraph (A)(ii); and 
(iii) $50,000,000 for an eligible entity 
carrying out 1 or more projects described in 
subparagraph (A)(iii). 
(C) PRIORITY; CONSIDERATION.—In award-
ing grants to eligible entities under the program, 
the Secretary shall— 
(i) give priority to an eligible entity 
that— 
(I) is located and operates in the 
United States; 
(II) is owned by a United States 
entity; 
(III) deploys North American- 
owned intellectual property and con-
tent;
1418 
† HR 3684 EAS 
(IV) represents consortia or indus-
try partnerships; and 
(V) will not use battery material 
supplied by or originating from a for-
eign entity of concern; and 
(ii) take into consideration whether a 
project— 
(I) provides workforce opportuni-
ties in low- and moderate-income com-
munities; 
(II) encourages partnership with 
universities and laboratories to spur 
innovation and drive down costs; 
(III) partners with Indian Tribes; 
and 
(IV) takes into account— 
(aa) greenhouse gas emis-
sions reductions and energy effi-
cient battery material processing 
opportunities throughout the man-
ufacturing process; and 
(bb) supply chain logistics. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary to carry out the program $3,000,000,000 for
1419 
† HR 3684 EAS 
the period of fiscal years 2022 through 2026, to re-
main available until expended. 
(c) BATTERY
MANUFACTURING
AND
RECYCLING 
GRANTS.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Secretary shall 
establish within the Office of Energy Efficiency and 
Renewable Energy a battery manufacturing and recy-
cling grant program (referred to in this subsection as 
the ‘‘program’’). 
(2) PURPOSE.—The purpose of the program is to 
ensure that the United States has a viable domestic 
manufacturing and recycling capability to support 
and sustain a North American battery supply chain. 
(3) GRANTS.— 
(A) IN GENERAL.—Under the program, the 
Secretary shall award grants to eligible enti-
ties— 
(i) to carry out 1 or more demonstra-
tion projects for advanced battery compo-
nent manufacturing, advanced battery man-
ufacturing, and recycling; 
(ii) to construct 1 or more new com-
mercial-scale advanced battery component 
manufacturing, advanced battery manufac-
1420 
† HR 3684 EAS 
turing, or recycling facilities in the United 
States; and 
(iii) to retool, retrofit, or expand 1 or 
more existing facilities located in the 
United States and determined qualified by 
the Secretary for advanced battery compo-
nent manufacturing, advanced battery man-
ufacturing, and recycling. 
(B) AMOUNT LIMITATION.—The amount of 
a grant awarded under the program shall be not 
less than— 
(i) $50,000,000 for an eligible entity 
carrying out 1 or more projects described in 
subparagraph (A)(i); 
(ii) $100,000,000 for an eligible entity 
carrying out 1 or more projects described in 
subparagraph (A)(ii); and 
(iii) $50,000,000 for an eligible entity 
carrying out 1 or more projects described in 
subparagraph (A)(iii). 
(C) PRIORITY; CONSIDERATION.—In award-
ing grants to eligible entities under the program, 
the Secretary shall— 
(i) give priority to an eligible entity 
that—
1421 
† HR 3684 EAS 
(I) is located and operates in the 
United States; 
(II) is owned by a United States 
entity; 
(III) deploys North American- 
owned intellectual property and con-
tent; 
(IV) represents consortia or indus-
try partnerships; and 
(V)(aa) if the eligible entity will 
use the grant for advanced battery 
component manufacturing, will not use 
battery material supplied by or origi-
nating from a foreign entity of con-
cern; or 
(bb) if the eligible entity will use 
the grant for battery recycling, will not 
export recovered critical materials to a 
foreign entity of concern; and 
(ii) take into consideration whether a 
project— 
(I) provides workforce opportuni-
ties in low- and moderate-income or 
rural communities;
1422 
† HR 3684 EAS 
(II) provides workforce opportuni-
ties in communities that have lost jobs 
due to the displacements of fossil en-
ergy jobs; 
(III) encourages partnership with 
universities and laboratories to spur 
innovation and drive down costs; 
(IV) partners with Indian Tribes; 
(V) takes into account— 
(aa) greenhouse gas emis-
sions reductions and energy effi-
cient battery material processing 
opportunities throughout the man-
ufacturing process; and 
(bb) supply chain logistics; 
and 
(VI) utilizes feedstock produced in 
the United States. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary to carry out the program $3,000,000,000 for 
the period of fiscal years 2022 through 2026, to re-
main available until expended. 
(d) REPORTING REQUIREMENTS.—Not later than 1 
year after the date of enactment of this Act, and annually
1423 
† HR 3684 EAS 
thereafter, the Secretary shall submit to Congress a report 
on the grant programs established under subsections (b) and 
(c), including, with respect to each grant program, a de-
scription of— 
(1) the number of grant applications received; 
(2) the number of grants awarded and the 
amount of each award; 
(3) the purpose and status of each project carried 
out using a grant; and 
(4) any other information the Secretary deter-
mines necessary. 
(e) LITHIUM-ION BATTERY RECYCLING PRIZE COM-
PETITION.— 
(1) IN GENERAL.—The Secretary shall continue 
to carry out the Lithium-Ion Battery Recycling Prize 
Competition of the Department established pursuant 
to section 24 of the Stevenson-Wydler Technology In-
novation Act of 1980 (15 U.S.C. 3719) (referred to in 
this subsection as the ‘‘competition’’). 
(2) AUTHORIZATION
OF
APPROPRIATIONS
FOR 
PILOT PROJECTS.— 
(A) IN GENERAL.—There is authorized to be 
appropriated to the Secretary to carry out Phase 
III of the competition, $10,000,000 for fiscal 
year 2022, to remain available until expended.
1424 
† HR 3684 EAS 
(B) USE OF FUNDS.—The Secretary may 
use amounts made available under subparagraph 
(A)— 
(i) to increase the number of winners 
of Phase III of the competition; 
(ii) to increase the amount awarded to 
each winner of Phase III of the competition; 
and 
(iii) to carry out any other activity 
that is consistent with the goals of Phase III 
of the competition, as determined by the 
Secretary. 
(f) BATTERY AND CRITICAL MINERAL RECYCLING.— 
(1) DEFINITIONS.—In this subsection: 
(A) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(B) BATTERY.—The term ‘‘battery’’ means 
a device that— 
(i) consists of 1 or more electrochemical 
cells that are electrically connected; and 
(ii) is designed to store and deliver 
electric energy. 
(C) BATTERY PRODUCER.—The term ‘‘bat-
tery producer’’ means, with respect to a covered
1425 
† HR 3684 EAS 
battery or covered battery-containing product 
that is sold, offered for sale, or distributed for 
sale in the United States, including through re-
tail, wholesale, business-to-business, and online 
sale, the following applicable entity: 
(i) A person who— 
(I) manufactures the covered bat-
tery 
or 
covered 
battery-containing 
product; and 
(II) sells or offers for sale the cov-
ered battery or covered battery-con-
taining product under the brand of 
that person. 
(ii) If there is no person described in 
clause (i) with respect to the covered battery 
or covered battery-containing product, the 
owner or licensee of the brand under which 
the covered battery or covered battery-con-
taining product is sold, offered for sale, or 
distributed, regardless of whether the trade-
mark of the brand is registered. 
(iii) If there is no person described in 
clause (i) or (ii) with respect to the covered 
battery or covered battery-containing prod-
uct, a person that imports the covered bat-
1426 
† HR 3684 EAS 
tery or covered battery-containing product 
into the United States for sale or distribu-
tion. 
(D) COVERED
BATTERY.—The term ‘‘cov-
ered battery’’ means a new or unused primary 
battery or rechargeable battery. 
(E) COVERED BATTERY-CONTAINING PROD-
UCT.—The term ‘‘covered battery-containing 
product’’ means a new or unused product that 
contains or is packaged with a primary battery 
or rechargeable battery. 
(F) CRITICAL MINERAL.—The term ‘‘critical 
mineral’’ has the meaning given the term in sec-
tion 7002(a) of the Energy Act of 2020 (30 
U.S.C. 1606(a)). 
(G) PRIMARY
BATTERY.—The term ‘‘pri-
mary battery’’ means a nonrechargeable battery 
that weighs not more than 4.4 pounds, including 
an alkaline, carbon-zinc, and lithium metal bat-
tery. 
(H) RECHARGEABLE BATTERY.— 
(i) IN GENERAL.—The term ‘‘recharge-
able battery’’ means a battery that—
1427 
† HR 3684 EAS 
(I) contains 1 or more voltaic or 
galvanic cells that are electrically con-
nected to produce electric energy; 
(II) is designed to be recharged; 
(III) weighs not more than 11 
pounds; and 
(IV) has a watt-hour rating of not 
more than 300 watt-hours. 
(ii) 
EXCLUSIONS.—The 
term 
‘‘re-
chargeable battery’’ does not include a bat-
tery that— 
(I) contains electrolyte as a free 
liquid; or 
(II) employs lead-acid technology, 
unless that battery is sealed and does 
not contain electrolyte as a free liquid. 
(I) 
RECYCLING.—The 
term 
‘‘recycling’’ 
means the series of activities— 
(i) during which recyclable materials 
are processed into specification-grade com-
modities, and consumed as raw-material 
feedstock, in lieu of virgin materials, in the 
manufacturing of new products; 
(ii) that may include collection, proc-
essing, and brokering; and
1428 
† HR 3684 EAS 
(iii) that result in subsequent con-
sumption by a materials manufacturer, in-
cluding for the manufacturing of new prod-
ucts. 
(2) BATTERY RECYCLING RESEARCH, DEVELOP-
MENT, AND DEMONSTRATION GRANTS.— 
(A) IN GENERAL.—The Secretary, in coordi-
nation with the Administrator, shall award 
multiyear grants to eligible entities for research, 
development, and demonstration projects to cre-
ate innovative and practical approaches to in-
crease the reuse and recycling of batteries, in-
cluding by addressing— 
(i) recycling activities; 
(ii) the development of methods to pro-
mote the design and production of batteries 
that take into full account and facilitate the 
dismantling, reuse, recovery, and recycling 
of battery components and materials; 
(iii) strategies to increase consumer ac-
ceptance of, and participation in, the recy-
cling of batteries; 
(iv) the extraction or recovery of crit-
ical minerals from batteries that are recy-
cled;
1429 
† HR 3684 EAS 
(v) the integration of increased quan-
tities of recycled critical minerals in bat-
teries and other products to develop markets 
for recycled battery materials and critical 
minerals; 
(vi) safe disposal of waste materials 
and components recovered during the recy-
cling process; 
(vii) the protection of the health and 
safety of all persons involved in, or in prox-
imity to, recycling and reprocessing activi-
ties, including communities located near re-
cycling and materials reprocessing facili-
ties; 
(viii) mitigation of environmental im-
pacts that arise from recycling batteries, in-
cluding disposal of toxic reagents and by-
products related to recycling processes; 
(ix) protection of data privacy associ-
ated with collected covered battery-con-
taining products; 
(x) the optimization of the value of 
material derived from recycling batteries; 
and
1430 
† HR 3684 EAS 
(xi) the cost-effectiveness and benefits 
of the reuse and recycling of batteries and 
critical minerals. 
(B) ELIGIBLE ENTITIES.—The Secretary, in 
coordination 
with 
the 
Administrator, 
may 
award a grant under subparagraph (A) to— 
(i) an institution of higher education; 
(ii) a National Laboratory; 
(iii) a Federal research agency; 
(iv) a State research agency; 
(v) a nonprofit organization; 
(vi) an industrial entity; 
(vii) a manufacturing entity; 
(viii) a private battery-collection enti-
ty; 
(ix) an entity operating 1 or more bat-
tery recycling activities; 
(x) a State or municipal government 
entity; 
(xi) a battery producer; 
(xii) a battery retailer; or 
(xiii) a consortium of 2 or more enti-
ties described in clauses (i) through (xii). 
(C) APPLICATIONS.—
1431 
† HR 3684 EAS 
(i) IN GENERAL.—To be eligible to re-
ceive a grant under subparagraph (A), an 
eligible entity described in subparagraph 
(B) shall submit to the Secretary an appli-
cation at such time, in such manner, and 
containing such information as the Sec-
retary may require. 
(ii) CONTENTS.—An application sub-
mitted under clause (i) shall describe how 
the 
project 
will 
promote 
collaboration 
among— 
(I) battery producers and manu-
facturers; 
(II) battery material and equip-
ment manufacturers; 
(III) battery recyclers, collectors, 
and refiners; and 
(IV) retailers. 
(D) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
to the Secretary to carry out this paragraph 
$60,000,000 for the period of fiscal years 2022 
through 2026. 
(3) STATE AND LOCAL PROGRAMS.—
1432 
† HR 3684 EAS 
(A) IN GENERAL.—The Secretary, in coordi-
nation with the Administrator, shall establish a 
program under which the Secretary shall award 
grants, on a competitive basis, to States and 
units of local government to assist in the estab-
lishment or enhancement of State battery collec-
tion, recycling, and reprocessing programs. 
(B) NON-FEDERAL COST SHARE.—The non- 
Federal share of the cost of a project carried out 
using a grant under this paragraph shall be 50 
percent of the cost of the project. 
(C) REPORT.—Not later than 2 years after 
the date of enactment of this Act, and annually 
thereafter, the Secretary shall submit to Congress 
a report that describes the number of battery col-
lection points established or enhanced, an esti-
mate of jobs created, and the quantity of mate-
rial collected as a result of the grants awarded 
under subparagraph (A). 
(D) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
to the Secretary to carry out this paragraph 
$50,000,000 for the period of fiscal years 2022 
through 2026. 
(4) RETAILERS AS COLLECTION POINTS.—
1433 
† HR 3684 EAS 
(A) IN
GENERAL.—The Secretary shall 
award grants, on a competitive basis, to retailers 
that sell covered batteries or covered battery-con-
taining products to establish and implement a 
system for the acceptance and collection of cov-
ered batteries and covered battery-containing 
products, as applicable, for reuse, recycling, or 
proper disposal. 
(B) COLLECTION
SYSTEM.—A system de-
scribed in subparagraph (A) shall include take- 
back of covered batteries— 
(i) at no cost to the consumer; and 
(ii) on a regular, convenient, and ac-
cessible basis. 
(C) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
to the Secretary to carry out this paragraph 
$15,000,000 for the period of fiscal years 2022 
through 2026. 
(5) TASK FORCE ON PRODUCER RESPONSIBIL-
ITIES.— 
(A) IN GENERAL.—The Secretary, in coordi-
nation with the Administrator, shall convene a 
task force to develop an extended battery pro-
ducer responsibility framework that—
1434 
† HR 3684 EAS 
(i) addresses battery recycling goals, 
cost structures for mandatory recycling, re-
porting requirements, product design, collec-
tion models, and transportation of collected 
materials; 
(ii) provides sufficient flexibility to 
allow battery producers to determine cost-ef-
fective strategies for compliance with the 
framework; and 
(iii) outlines regulatory pathways for 
effective recycling. 
(B) TASK
FORCE
MEMBERS.—Members of 
the task force convened under subparagraph (A) 
shall include— 
(i) battery producers, manufacturers, 
retailers, recyclers, and collectors or proc-
essors; 
(ii) States and municipalities; and 
(iii) other relevant stakeholders, such 
as environmental, energy, or consumer or-
ganizations, as determined by the Secretary. 
(C) REPORT.—Not later than 1 year after 
the date on which the Secretary, in coordination 
with Administrator, convenes the task force
1435 
† HR 3684 EAS 
under subparagraph (A), the Secretary shall sub-
mit to Congress a report that— 
(i) describes the extended producer re-
sponsibility framework developed by the 
task force; 
(ii) includes the recommendations of 
the task force on how best to implement a 
mandatory pay-in or other enforcement 
mechanism to ensure that battery producers 
and sellers are contributing to the recycling 
of batteries; and 
(iii) suggests regulatory pathways for 
effective recycling. 
(6) EFFECT ON MERCURY-CONTAINING AND RE-
CHARGEABLE BATTERY MANAGEMENT ACT.—Nothing 
in this subsection, or any regulation, guideline, 
framework, or policy adopted or promulgated pursu-
ant to this subsection, shall modify or otherwise affect 
the provisions of the Mercury-Containing and Re-
chargeable Battery Management Act (42 U.S.C. 14301 
et seq.). 
SEC. 40208. ELECTRIC DRIVE VEHICLE BATTERY RECYCLING 
AND SECOND-LIFE APPLICATIONS PROGRAM. 
Section 641 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17231) is amended—
1436 
† HR 3684 EAS 
(1) by striking subsection (k) and inserting the 
following: 
‘‘(k) ELECTRIC DRIVE VEHICLE BATTERY SECOND- 
LIFE APPLICATIONS AND RECYCLING.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) BATTERY
RECYCLING
AND
SECOND- 
LIFE APPLICATIONS PROGRAM.—The term ‘bat-
tery recycling and second-life applications pro-
gram’ means the electric drive vehicle battery re-
cycling and second-life applications program es-
tablished under paragraph (3). 
‘‘(B) CRITICAL MATERIAL.—The term ‘crit-
ical material’ has the meaning given the term in 
section 7002(a) of the Energy Act of 2020 (30 
U.S.C. 1606(a)). 
‘‘(C) ECONOMICALLY DISTRESSED AREA.— 
The term ‘economically distressed area’ means 
an area described in section 301(a) of the Public 
Works and Economic Development Act of 1965 
(42 U.S.C. 3161(a)). 
‘‘(D) 
ELECTRIC
DRIVE
VEHICLE
BAT-
TERY.—The term ‘electric drive vehicle battery’ 
means any battery that is a motive power source 
for an electric drive vehicle.
1437 
† HR 3684 EAS 
‘‘(E) ELIGIBLE ENTITY.—The term ‘eligible 
entity’ means an entity described in any of 
paragraphs (1) through (5) of section 989(b) of 
the Energy Policy Act of 2005 (42 U.S.C. 
16353(b)). 
‘‘(2) PROGRAM.—The Secretary shall carry out a 
program of research, development, and demonstration 
of— 
‘‘(A) second-life applications for electric 
drive vehicle batteries that have been used to 
power electric drive vehicles; and 
‘‘(B) technologies and processes for final re-
cycling and disposal of the devices described in 
subparagraph (A). 
‘‘(3) ELECTRIC DRIVE VEHICLE BATTERY RECY-
CLING AND SECOND-LIFE APPLICATIONS.— 
‘‘(A) IN
GENERAL.—In carrying out the 
program under paragraph (2), the Secretary 
shall establish an electric drive vehicle battery re-
cycling and second-life applications program 
under which the Secretary shall— 
‘‘(i) award grants under subparagraph 
(D); and 
‘‘(ii) carry out other activities in ac-
cordance with this paragraph.
1438 
† HR 3684 EAS 
‘‘(B) PURPOSES.—The purposes of the bat-
tery recycling and second-life applications pro-
gram are the following: 
‘‘(i) To improve the recycling rates and 
second-use adoption rates of electric drive 
vehicle batteries. 
‘‘(ii) To optimize the design and 
adaptability of electric drive vehicle bat-
teries to make electric drive vehicle batteries 
more easily recyclable. 
‘‘(iii) To establish alternative supply 
chains for critical materials that are found 
in electric drive vehicle batteries. 
‘‘(iv) To reduce the cost of manufac-
turing, installation, purchase, operation, 
and maintenance of electric drive vehicle 
batteries. 
‘‘(v) To improve the environmental im-
pact of electric drive vehicle battery recy-
cling processes. 
‘‘(C) TARGETS.—In carrying out the bat-
tery recycling and second-life applications pro-
gram, the Secretary shall address near-term (up 
to 2 years), mid-term (up to 5 years), and long-
1439 
† HR 3684 EAS 
term (up to 10 years) challenges to the recycling 
of electric drive vehicle batteries. 
‘‘(D) GRANTS.— 
‘‘(i) IN GENERAL.—In carrying out the 
battery recycling and second-life applica-
tions program, the Secretary shall award 
multiyear grants on a competitive, merit-re-
viewed basis to eligible entities— 
‘‘(I) to conduct research, develop-
ment, testing, and evaluation of solu-
tions to increase the rate and produc-
tivity of electric drive vehicle battery 
recycling; and 
‘‘(II) for research, development, 
and demonstration projects to create 
innovative and practical approaches to 
increase the recycling and second-use of 
electric drive vehicle batteries, includ-
ing by addressing— 
‘‘(aa) technology to increase 
the efficiency of electric drive ve-
hicle battery recycling and maxi-
mize the recovery of critical mate-
rials for use in new products;
1440 
† HR 3684 EAS 
‘‘(bb) expanded uses for crit-
ical materials recovered from elec-
tric drive vehicle batteries; 
‘‘(cc) product design and 
construction to facilitate the dis-
assembly and recycling of electric 
drive vehicle batteries; 
‘‘(dd) product design and 
construction and other tools and 
techniques to extend the lifecycle 
of electric drive vehicle batteries, 
including methods to promote the 
safe second-use of electric drive ve-
hicle batteries; 
‘‘(ee) strategies to increase 
consumer acceptance of, and par-
ticipation in, the recycling of elec-
tric drive vehicle batteries; 
‘‘(ff) 
improvements 
and 
changes to electric drive vehicle 
battery chemistries that include 
ways to decrease processing costs 
for battery recycling without sac-
rificing front-end performance;
1441 
† HR 3684 EAS 
‘‘(gg) second-use of electric 
drive vehicle batteries, including 
in applications outside of the 
automotive industry; and 
‘‘(hh) the commercialization 
and scale-up of electric drive vehi-
cle battery recycling technologies. 
‘‘(ii) PRIORITY.—In awarding grants 
under clause (i), the Secretary shall give 
priority to projects that— 
‘‘(I) are located in geographically 
diverse regions of the United States; 
‘‘(II) include business commer-
cialization plans that have the poten-
tial for the recycling of electric drive 
vehicle batteries at high volumes; 
‘‘(III) support the development of 
advanced manufacturing technologies 
that have the potential to improve the 
competitiveness of the United States in 
the international electric drive vehicle 
battery manufacturing sector; 
‘‘(IV) provide the greatest poten-
tial to reduce costs for consumers and 
promote accessibility and community
1442 
† HR 3684 EAS 
implementation of demonstrated tech-
nologies; 
‘‘(V) 
increase 
disclosure 
and 
transparency of information to con-
sumers; 
‘‘(VI) support the development or 
demonstration of projects in economi-
cally distressed areas; and 
‘‘(VII) support other relevant pri-
orities, as determined to be appro-
priate by the Secretary. 
‘‘(iii) SOLICITATION.—Not later than 
90 days after the date of enactment of the 
Infrastructure Investment and Jobs Act, 
and annually thereafter, the Secretary shall 
conduct a national solicitation for applica-
tions for grants described in clause (i). 
‘‘(iv) DISSEMINATION OF RESULTS.— 
The Secretary shall publish the results of the 
projects carried out through grants awarded 
under clause (i) through— 
‘‘(I) best practices relating to 
those grants, for use in the electric 
drive vehicle battery manufacturing,
1443 
† HR 3684 EAS 
design, installation, refurbishing, or re-
cycling industries; 
‘‘(II) coordination with informa-
tion dissemination programs relating 
to general recycling of electronic de-
vices; and 
‘‘(III) educational materials for 
the public, produced in conjunction 
with State and local governments or 
nonprofit organizations, on the prob-
lems and solutions relating to the recy-
cling and second-life applications of 
electric drive vehicle batteries. 
‘‘(E) COORDINATION
WITH
OTHER
PRO-
GRAMS OF THE DEPARTMENT.—In carrying out 
the battery recycling and second-life applications 
program, the Secretary shall coordinate and le-
verage the resources of complementary efforts of 
the Department. 
‘‘(F) STUDY AND REPORT.— 
‘‘(i) STUDY.—The Secretary shall con-
duct a study on the viable market opportu-
nities available for the recycling, second-use, 
and manufacturing of electric drive vehicle 
batteries in the United States.
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† HR 3684 EAS 
‘‘(ii) REPORT.—Not later than 1 year 
after the date of enactment of the Infra-
structure Investment and Jobs Act, the Sec-
retary shall submit to the Committee on 
Energy and Natural Resources of the Sen-
ate, the Committee on Science, Space, and 
Technology of the House of Representatives, 
and any other relevant committee of Con-
gress a report containing the results of the 
study under clause (i), including a descrip-
tion of— 
‘‘(I) the ability of relevant busi-
nesses or other entities to competitively 
manufacture electric drive vehicle bat-
teries and recycle electric drive vehicle 
batteries in the United States; 
‘‘(II) any existing electric drive 
vehicle battery recycling and second- 
use practices and plans of electric 
drive vehicle manufacturing companies 
in the United States; 
‘‘(III) any barriers to electric 
drive vehicle battery recycling in the 
United States;
1445 
† HR 3684 EAS 
‘‘(IV) opportunities and barriers 
in electric drive vehicle battery supply 
chains in the United States and inter-
nationally, including with allies and 
trading partners; 
‘‘(V) opportunities for job creation 
in the electric drive vehicle battery re-
cycling and manufacturing fields and 
the necessary skills employees must ac-
quire for growth of those fields in the 
United States; 
‘‘(VI) policy recommendations for 
enhancing electric drive vehicle battery 
manufacturing and recycling in the 
United States; 
‘‘(VII) any recommendations for 
lowering logistics costs and creating 
better coordination and efficiency with 
respect to the removal, collection, 
transportation, 
storage, 
and 
dis-
assembly of electric drive vehicle bat-
teries; 
‘‘(VIII) any recommendations for 
areas of coordination with other Fed-
eral agencies to improve electric drive
1446 
† HR 3684 EAS 
vehicle battery recycling rates in the 
United States; 
‘‘(IX) an aggressive 2-year target 
and plan, the implementation of which 
shall begin during the 90-day period 
beginning on the date on which the re-
port is submitted, to enhance the com-
petitiveness of electric drive vehicle bat-
tery manufacturing and recycling in 
the United States; and 
‘‘(X) needs for future research, de-
velopment, and demonstration projects 
in electric drive vehicle battery manu-
facturing, recycling, and related areas, 
as determined by the Secretary. 
‘‘(G) EVALUATION.—Not later than 3 years 
after the date on which the report under sub-
paragraph (F)(ii) is submitted, and every 4 
years thereafter, the Secretary shall conduct, and 
make available to the public and the relevant 
committees of Congress, an independent review of 
the progress of the grants awarded under sub-
paragraph (D) in meeting the recommendations 
and targets included in the report.’’; and
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† HR 3684 EAS 
(2) in subsection (p), by striking paragraph (6) 
and inserting the following: 
‘‘(6) the electric drive vehicle battery recycling 
and second-life applications program under sub-
section (k) $200,000,000 for the period of fiscal years 
2022 through 2026.’’. 
SEC. 40209. ADVANCED ENERGY MANUFACTURING AND RE-
CYCLING GRANT PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ADVANCED
ENERGY
PROPERTY.—The term 
‘‘advanced energy property’’ means— 
(A) property designed to be used to produce 
energy from the sun, water, wind, geothermal or 
hydrothermal (as those terms are defined in sec-
tion 612 of the Energy Independence and Secu-
rity Act of 2007 (42 U.S.C. 17191)) resources, 
enhanced geothermal systems (as defined in that 
section), or other renewable resources; 
(B) fuel cells, microturbines, or energy stor-
age systems and components; 
(C) electric grid modernization equipment 
or components; 
(D) property designed to capture, remove, 
use, or sequester carbon oxide emissions;
1448 
† HR 3684 EAS 
(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-
motives, electric or fuel cell maritime vessels, or 
electric or fuel cell planes; 
(ii) technologies, components, and materials 
of those vehicles, locomotives, maritime vessels, or 
planes; and 
(iii) charging or refueling infrastructure as-
sociated with those vehicles, locomotives, mari-
time 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 materials 
for those vehicles; and
1449 
† HR 3684 EAS 
(I) other advanced energy property designed 
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 re-
tired; or 
(C) that is immediately adjacent to a cen-
sus tract described in subparagraph (A) or (B). 
(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
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† HR 3684 EAS 
(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-
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 facility 
substantially below the greenhouse gas emissions 
under current best practices, as determined by 
the Secretary, through the installation of— 
(I) low- or zero-carbon process heat 
systems; 
(II) carbon capture, transport, utiliza-
tion, and storage systems;
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† HR 3684 EAS 
(III) technology relating to energy effi-
ciency 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 commer-
cial viability, as determined by the Secretary; 
and 
(C) is located in a covered census tract. 
(b) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this Act, the Secretary shall estab-
lish 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
1452 
† HR 3684 EAS 
Secretary shall, with respect to the qualifying 
advanced energy projects proposed by the eligible 
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; 
(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 energy 
consumption or greenhouse gas emis-
1453 
† HR 3684 EAS 
sion (based on costs of the full supply 
chain); and 
(vi) have a shorter project time. 
(B) ELIGIBLE ENTITIES.—In selecting eligi-
ble entities to receive grants under the Program, 
the Secretary shall give priority to eligible enti-
ties that are minority-owned. 
(d) 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 en-
ergy 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. 
(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 materially dif-
ferent from the location specified in the application
1454 
† HR 3684 EAS 
for the grant, the eligible entity shall be required to 
return the grant funds to the Secretary. 
(e) TECHNICAL ASSISTANCE.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Secretary shall 
provide technical assistance on a selective basis to eli-
gible entities that are seeking a grant under the Pro-
gram to enhance the impact of the qualifying ad-
vanced 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 submit 
to the Secretary an application at such time, in such 
manner, and containing such information as the Sec-
retary may require. 
(3) FACTORS FOR CONSIDERATION.—In selecting 
eligible entities for technical assistance under para-
graph (1), the Secretary shall give higher priority to 
eligible entities that propose a qualifying advanced 
energy project that has greater potential for enhance-
ment of the impact of the project with respect to the 
selection criteria described in subsection (c)(2)(A). 
(f) PUBLICATION OF GRANTS.—The Secretary shall 
make publicly available the identity of each eligible entity
1455 
† HR 3684 EAS 
awarded a grant under the Program and the amount of 
the grant. 
(g) 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 Nat-
ural Resources of the Senate and the Committee on 
Energy and Commerce of the House of Representa-
tives a report describing those grants. 
(h) 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. 
SEC. 40210. CRITICAL MINERALS MINING AND RECYCLING 
RESEARCH. 
(a) DEFINITIONS.—In this section: 
(1) CRITICAL
MINERAL.—The term ‘‘critical 
mineral’’ has the meaning given the term in section 
7002(a) of the Energy Act of 2020 (30 U.S.C. 
1606(a)). 
(2) CRITICAL MINERALS AND METALS.—The term 
‘‘critical minerals and metals’’ includes any host 
mineral of a critical mineral.
1456 
† HR 3684 EAS 
(3) DIRECTOR.—The term ‘‘Director’’ means the 
Director of the Foundation. 
(4) END-TO-END.—The term ‘‘end-to-end’’, with 
respect to the integration of mining or life cycle of 
minerals, means the integrated approach of, or the 
lifecycle determined by, examining the research and 
developmental process from the mining of the raw 
minerals to its processing into useful materials, its 
integration into components and devices, the utiliza-
tion of such devices in the end-use application to sat-
isfy certain performance metrics, and the recycling or 
disposal of such devices. 
(5) FOREIGN ENTITY OF CONCERN.—The term 
‘‘foreign entity of concern’’ means a foreign entity 
that is— 
(A) designated as a foreign terrorist organi-
zation by the Secretary of State under section 
219(a) of the Immigration and Nationality Act 
(8 U.S.C. 1189(a)); 
(B) included on the list of specially des-
ignated nationals and blocked persons main-
tained by the Office of Foreign Assets Control of 
the Department of the Treasury (commonly 
known as the SDN list);
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† HR 3684 EAS 
(C) owned by, controlled by, or subject to 
the jurisdiction or direction of a government of 
a foreign country that is a covered nation (as de-
fined in section 2533c(d) of title 10, United 
States Code); 
(D) alleged by the Attorney General to have 
been involved in activities for which a conviction 
was obtained under— 
(i) chapter 37 of title 18, United States 
Code (commonly known as the ‘‘Espionage 
Act’’); 
(ii) section 951 or 1030 of title 18, 
United States Code; 
(iii) chapter 90 of title 18, United 
States Code (commonly known as the ‘‘Eco-
nomic Espionage Act of 1996)’’; 
(iv) the Arms Export Control Act (22 
U.S.C. 2751 et seq.); 
(v) section 224, 225, 226, 227, or 236 
of the Atomic Energy Act of 1954 (42 
U.S.C. 2274, 2275, 2276, 2277, and 2284); 
(vi) the Export Control Reform Act of 
2018 (50 U.S.C. 4801 et seq.); or
1458 
† HR 3684 EAS 
(vii) the International Emergency Eco-
nomic Powers Act (50 U.S.C. 1701 et seq.); 
or 
(E) determined by the Secretary of Com-
merce, in consultation with the Secretary of De-
fense and the Director of National Intelligence, 
to be engaged in unauthorized conduct that is 
detrimental to the national security or foreign 
policy of the United States. 
(6) 
FOUNDATION.—The 
term 
‘‘Foundation’’ 
means the National Science Foundation. 
(7) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the mean-
ing given the term in section 101 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001). 
(8) 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). 
(9) RECYCLING.—The term ‘‘recycling’’ means 
the process of collecting and processing spent mate-
rials and devices and turning the materials and de-
vices into raw materials or components that can be 
reused either partially or completely.
1459 
† HR 3684 EAS 
(10) SECONDARY
RECOVERY.—The term ‘‘sec-
ondary recovery’’ means the recovery of critical min-
erals and metals from discarded end-use products or 
from waste products produced during the metal refin-
ing and manufacturing process, including from mine 
waste piles, acid mine drainage sludge, or byproducts 
produced through legacy mining and metallurgy ac-
tivities. 
(b) CRITICAL MINERALS MINING AND RECYCLING RE-
SEARCH AND DEVELOPMENT.— 
(1) IN GENERAL.—In order to support supply 
chain resiliency, the Secretary, in coordination with 
the Director, shall issue awards, on a competitive 
basis, to eligible entities described in paragraph (2) 
to support basic research that will accelerate innova-
tion to advance critical minerals mining, recycling, 
and reclamation strategies and technologies for the 
purposes of— 
(A) making better use of domestic resources; 
and 
(B) eliminating national reliance on min-
erals and mineral materials that are subject to 
supply disruptions.
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† HR 3684 EAS 
(2) ELIGIBLE ENTITIES.—Entities eligible to re-
ceive an award under paragraph (1) are the fol-
lowing: 
(A) Institutions of higher education. 
(B) National Laboratories. 
(C) Nonprofit organizations. 
(D) Consortia of entities described in sub-
paragraphs (A) through (C), including consortia 
that collaborate with private industry. 
(3) USE OF FUNDS.—Activities funded by an 
award under this section may include— 
(A) advancing mining research and devel-
opment activities to develop new mapping and 
mining technologies and techniques, including 
advanced critical mineral extraction and pro-
duction— 
(i) to improve existing, or to develop 
new, supply chains of critical minerals; and 
(ii) to yield more efficient, economical, 
and environmentally benign mining prac-
tices; 
(B) advancing critical mineral processing 
research 
activities 
to 
improve 
separation, 
alloying, manufacturing, or recycling techniques 
and technologies that can decrease the energy in-
1461 
† HR 3684 EAS 
tensity, waste, potential environmental impact, 
and costs of those activities; 
(C) advancing research and development of 
critical minerals mining and recycling tech-
nologies that take into account the potential end- 
uses and disposal of critical minerals, in order 
to improve end-to-end integration of mining and 
technological applications; 
(D) conducting long-term earth observation 
of reclaimed mine sites, including the study of 
the evolution of microbial diversity at those sites; 
(E) examining the application of artificial 
intelligence for geological exploration of critical 
minerals, including what size and diversity of 
data sets would be required; 
(F) examining the application of machine 
learning for detection and sorting of critical 
minerals, including what size and diversity of 
data sets would be required; 
(G) conducting detailed isotope studies of 
critical minerals and the development of more 
refined geologic models; or 
(H) providing training and research oppor-
tunities to undergraduate and graduate students
1462 
† HR 3684 EAS 
to prepare the next generation of mining engi-
neers and researchers. 
(c) 
CRITICAL
MINERALS
INTERAGENCY
SUB-
COMMITTEE.— 
(1) IN GENERAL.—In order to support supply 
chain resiliency, the Critical Minerals Subcommittee 
of the National Science and Technology Council (re-
ferred to in this subsection as the ‘‘Subcommittee’’) 
shall coordinate Federal science and technology efforts 
to ensure secure and reliable supplies of critical min-
erals to the United States. 
(2) PURPOSES.—The purposes of the Sub-
committee shall be— 
(A) to advise and assist the National 
Science and Technology Council, including the 
Committee on Homeland and National Security 
of the National Science and Technology Council, 
on United States policies, procedures, and plans 
relating to critical minerals, including— 
(i) Federal research, development, and 
deployment efforts to optimize methods for 
extractions, concentration, separation, and 
purification of conventional, secondary, and 
unconventional sources of critical minerals, 
including research that prioritizes end-to-
1463 
† HR 3684 EAS 
end integration of mining and recycling 
techniques and the end-use target for crit-
ical minerals; 
(ii) efficient use and reuse of critical 
minerals, including recycling technologies 
for critical minerals and the reclamation of 
critical minerals from components, such as 
spent batteries; 
(iii) addressing the technology transi-
tions between research or lab-scale mining 
and recycling and commercialization of 
these technologies; 
(iv) the critical minerals workforce of 
the United States; and 
(v) United States private industry in-
vestments in innovation and technology 
transfer from federally funded science and 
technology; 
(B) to identify emerging opportunities, 
stimulate international cooperation, and foster 
the development of secure and reliable supply 
chains of critical minerals, including activities 
relating to the reuse of critical minerals via re-
cycling;
1464 
† HR 3684 EAS 
(C) to ensure the transparency of informa-
tion and data related to critical minerals; and 
(D) to provide recommendations on coordi-
nation and collaboration among the research, de-
velopment, and deployment programs and activi-
ties of Federal agencies to promote a secure and 
reliable supply of critical minerals necessary to 
maintain national security, economic well-being, 
and industrial production. 
(3) RESPONSIBILITIES.—In carrying out para-
graphs (1) and (2), the Subcommittee may, taking 
into account the findings and recommendations of rel-
evant advisory committees— 
(A) provide recommendations on how Fed-
eral agencies may improve the topographic, geo-
logic, and geophysical mapping of the United 
States and improve the discoverability, accessi-
bility, and usability of the resulting and existing 
data, to the extent permitted by law and subject 
to appropriate limitation for purposes of privacy 
and security; 
(B) assess the progress toward developing 
critical minerals recycling and reprocessing tech-
nologies;
1465 
† HR 3684 EAS 
(C) assess the end-to-end lifecycle of critical 
minerals, including for mining, usage, recycling, 
and end-use material and technology require-
ments; 
(D) examine, and provide recommendations 
for, options for accessing and developing critical 
minerals through investment and trade with al-
lies and partners of the United States; 
(E) evaluate and provide recommendations 
to incentivize the development and use of ad-
vances in science and technology in the private 
industry; 
(F) assess the need for, and make rec-
ommendations to address, the challenges the 
United States critical minerals supply chain 
workforce faces, including— 
(i) aging and retiring personnel and 
faculty; 
(ii) public perceptions about the nature 
of mining and mineral processing; and 
(iii) foreign competition for United 
States talent; 
(G) develop, and update as necessary, a 
strategic plan to guide Federal programs and ac-
tivities to enhance—
1466 
† HR 3684 EAS 
(i) scientific and technical capabilities 
across critical mineral supply chains, in-
cluding a roadmap that identifies key re-
search and development needs and coordi-
nates ongoing activities for source diver-
sification, more efficient use, recycling, and 
substitution for critical minerals; and 
(ii) cross-cutting mining science, data 
science techniques, materials science, manu-
facturing science and engineering, computa-
tional modeling, and environmental health 
and safety research and development; and 
(H) report to the appropriate committees of 
Congress on activities and findings under this 
subsection. 
(4) MANDATORY
RESPONSIBILITIES.—In car-
rying out paragraphs (1) and (2), the Subcommittee 
shall, taking into account the findings and rec-
ommendations of relevant advisory committees, iden-
tify and evaluate Federal policies and regulations 
that restrict the mining of critical minerals. 
(d) GRANT PROGRAM FOR PROCESSING OF CRITICAL 
MINERALS
AND DEVELOPMENT
OF CRITICAL MINERALS 
AND METALS.—
1467 
† HR 3684 EAS 
(1) ESTABLISHMENT.—The Secretary, in con-
sultation with the Director, the Secretary of the Inte-
rior, and the Secretary of Commerce, shall establish 
a grant program to finance pilot projects for— 
(A) the processing or recycling of critical 
minerals in the United States; or 
(B) the development of critical minerals 
and metals in the United States 
(2) LIMITATION ON GRANT AWARDS.—A grant 
awarded under paragraph (1) may not exceed 
$10,000,000. 
(3) ECONOMIC VIABILITY.—In awarding grants 
under paragraph (1), the Secretary shall give priority 
to projects that the Secretary determines are likely to 
be economically viable over the long term. 
(4) SECONDARY RECOVERY.—In awarding grants 
under paragraph (1), the Secretary shall seek to 
award not less than 30 percent of the total amount 
of grants awarded during the fiscal year for projects 
relating to secondary recovery of critical minerals 
and metals. 
(5) DOMESTIC PRIORITY.—In awarding grants 
for the development of critical minerals and metals 
under paragraph (1)(B), the Secretary shall prioritize
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† HR 3684 EAS 
pilot projects that will process the critical minerals 
and metals domestically. 
(6) PROHIBITION ON PROCESSING BY FOREIGN 
ENTITY
OF
CONCERN.—In awarding grants under 
paragraph (1), the Secretary shall ensure that pilot 
projects do not export for processing any critical min-
erals and metals to a foreign entity of concern. 
(7) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary to carry out the grant program established 
under paragraph (1) $100,000,000 for each of fiscal 
years 2021 through 2024. 
SEC. 40211. 21ST CENTURY ENERGY WORKFORCE ADVISORY 
BOARD. 
(a) ESTABLISHMENT.—The Secretary shall establish a 
board, to be known as the ‘‘21st Century Energy Workforce 
Advisory Board’’, to develop a strategy for the Department 
that, with respect to the role of the Department in the sup-
port and development of a skilled energy workforce— 
(1) meets the current and future industry and 
labor needs of the energy sector; 
(2) provides opportunities for students to become 
qualified for placement in traditional energy sector 
and emerging energy sector jobs;
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(3) identifies areas in which the Department can 
effectively utilize the technical expertise of the Depart-
ment to support the workforce activities of other Fed-
eral agencies; 
(4) strengthens and engages the workforce train-
ing programs of the Department and the National 
Laboratories in carrying out the Equity in Energy 
Initiative of the Department and other Department 
workforce priorities; 
(5) develops plans to support and retrain dis-
placed and unemployed energy sector workers; and 
(6) prioritizes education and job training for 
underrepresented groups, including racial and ethnic 
minorities, Indian Tribes, women, veterans, and 
socioeconomically disadvantaged individuals. 
(b) MEMBERSHIP.— 
(1) IN GENERAL.—The Board shall be composed 
of not fewer than 10 and not more than 15 members, 
with the initial members of the Board to be appointed 
by the Secretary not later than 1 year after the date 
of enactment of this Act. 
(2) REQUIREMENT.—The Board shall include 
not fewer than 1 representative of a labor organiza-
tion with significant energy experience who has been 
nominated by a national labor federation.
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(3) 
QUALIFICATIONS.—Each 
individual 
ap-
pointed to the Board under paragraph (1) shall have 
expertise in— 
(A) the field of economics or workforce de-
velopment; 
(B) relevant traditional energy industries 
or emerging energy industries, including energy 
efficiency; 
(C) secondary or postsecondary education; 
(D) energy workforce development or ap-
prenticeship programs of States or units of local 
government; 
(E) relevant organized labor organizations; 
or 
(F) bringing underrepresented groups, in-
cluding racial and ethnic minorities, women, 
veterans, and socioeconomically disadvantaged 
individuals, into the workforce. 
(c) ADVISORY BOARD REVIEW
AND RECOMMENDA-
TIONS.— 
(1) DETERMINATION BY BOARD.—In developing 
the strategy required under subsection (a), the Board 
shall— 
(A) determine whether there are opportuni-
ties to more effectively and efficiently use the ca-
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pabilities of the Department in the development 
of a skilled energy workforce; 
(B) identify ways in which the Department 
could work with other relevant Federal agencies, 
States, units of local government, institutions of 
higher education, labor organizations, Indian 
Tribes and tribal organizations, and industry in 
the development of a skilled energy workforce, 
subject to applicable law; 
(C) identify ways in which the Department 
and National Laboratories can— 
(i) increase outreach to minority-serv-
ing institutions; and 
(ii) make resources available to in-
crease the number of skilled minorities and 
women trained to go into the energy and 
energy-related manufacturing sectors; 
(iii) increase outreach to displaced and 
unemployed energy sector workers; and 
(iv) make resources available to pro-
vide training to displaced and unemployed 
energy sector workers to reenter the energy 
workforce; and 
(D)(i) identify the energy sectors in greatest 
need of workforce training; and
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(ii) in consultation with the Secretary of 
Labor, develop recommendations for the skills 
necessary to develop a workforce trained to work 
in those energy sectors. 
(2) REQUIRED
ANALYSIS.—In developing the 
strategy required under subsection (a), the Board 
shall analyze the effectiveness of— 
(A) existing Department-directed support; 
and 
(B) existing energy workforce training pro-
grams. 
(3) REPORT.— 
(A) IN GENERAL.—Not later than 1 year 
after the date on which the Board is established 
under this section, and biennially thereafter 
until the date on which the Board is terminated 
under subsection (f), the Board shall submit to 
the Secretary a report containing, with respect 
to the strategy required under subsection (a)— 
(i) the findings of the Board; and 
(ii) the proposed energy workforce 
strategy of the Board. 
(B) RESPONSE OF THE SECRETARY.—Not 
later than 90 days after the date on which a re-
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port is submitted to the Secretary under sub-
paragraph (A), the Secretary shall— 
(i) submit to the Board a response to 
the report that— 
(I) describes whether the Secretary 
approves or disapproves of each rec-
ommendation of the Board under sub-
paragraph (A); and 
(II) if the Secretary approves of a 
recommendation, provides an imple-
mentation plan for the recommenda-
tion; and 
(ii) submit to Congress— 
(I) the report of the Board under 
subparagraph (A); and 
(II) the response of the Secretary 
under clause (i). 
(C) PUBLIC AVAILABILITY OF REPORT.— 
(i) IN
GENERAL.—The Board shall 
make each report under subparagraph (A) 
available to the public on the earlier of— 
(I) the date on which the Board 
receives the response of the Secretary 
under subparagraph (B)(i); and
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(II) the date that is 90 days after 
the date on which the Board submitted 
the report to the Secretary. 
(ii) REQUIREMENT.—If the Board has 
received a response to a report from the Sec-
retary under subparagraph (B)(i), the 
Board shall make that response publicly 
available with the applicable report. 
(d) REPORT BY THE SECRETARY.—Not later than 180 
days before the date of expiration of a term of the Board 
under subsection (f), the Secretary shall submit to the Com-
mittees on Energy and Natural Resources and Appropria-
tions of the Senate and the Committees on Energy and 
Commerce and Appropriations of the House of Representa-
tives a report that— 
(1) describes the effectiveness and accomplish-
ments of the Board during the applicable term; 
(2) contains a determination of the Secretary as 
to whether the Board should be renewed; and 
(3) if the Secretary determines that the Board 
should be renewed, any recommendations as to wheth-
er and how the scope and functions of the Board 
should be modified. 
(e) OUTREACH TO MINORITY-SERVING INSTITUTIONS, 
VETERANS, AND DISPLACED AND UNEMPLOYED ENERGY
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WORKERS.—In developing the strategy under subsection 
(a), the Board shall— 
(1) give special consideration to increasing out-
reach to minority-serving institutions, veterans, and 
displaced and unemployed energy workers; 
(2) make resources available to— 
(A) minority-serving institutions, with the 
objective of increasing the number of skilled mi-
norities and women trained to go into the energy 
and manufacturing sectors; 
(B) institutions that serve veterans, with 
the objective of increasing the number veterans in 
the energy industry by ensuring that veterans 
have the credentials and training necessary to se-
cure careers in the energy industry; and 
(C) institutions that serve displaced and 
unemployed energy workers to increase the num-
ber of individuals trained for jobs in the energy 
industry; 
(3) encourage the energy industry to improve the 
opportunities for students of minority-serving institu-
tions, veterans, and displaced and unemployed energy 
workers 
to 
participate 
in 
internships, 
preapprenticeships, apprenticeships, and cooperative 
work-study programs in the energy industry; and
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(4) work with the National Laboratories to in-
crease the participation of underrepresented groups, 
veterans, and displaced and unemployed energy work-
ers in internships, fellowships, training programs, 
and employment at the National Laboratories. 
(f) TERM.— 
(1) IN GENERAL.—Subject to paragraph (2), the 
Board shall terminate on September 30, 2026. 
(2) EXTENSIONS.—The Secretary may renew the 
Board for 1 or more 5-year periods by submitting, 
not later than the date described in subsection (d), a 
report described in that subsection that contains a de-
termination by the Secretary that the Board should be 
renewed. 
TITLE 
III—FUELS 
AND 
TECH-
NOLOGY 
INFRASTRUCTURE 
INVESTMENTS 
Subtitle A—Carbon Capture, Utili-
zation, Storage, and Transpor-
tation Infrastructure 
SEC. 40301. FINDINGS. 
Congress finds that— 
(1) the industrial sector is integral to the econ-
omy of the United States—
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(A) providing millions of jobs and essential 
products; and 
(B) demonstrating global leadership in 
manufacturing and innovation; 
(2) carbon capture and storage technologies are 
necessary for reducing hard-to-abate emissions from 
the industrial sector, which emits nearly 25 percent 
of carbon dioxide emissions in the United States; 
(3) carbon removal and storage technologies, in-
cluding direct air capture, must be deployed at large- 
scale in the coming decades to remove carbon dioxide 
directly from the atmosphere; 
(4) large-scale deployment of carbon capture, re-
moval, utilization, transport, and storage— 
(A) is critical for achieving mid-century cli-
mate goals; and 
(B) will drive regional economic develop-
ment, technological innovation, and high-wage 
employment; 
(5) carbon capture, removal, and utilization 
technologies require a backbone system of shared car-
bon dioxide transport and storage infrastructure to 
enable large-scale deployment, realize economies of 
scale, and create an interconnected carbon manage-
ment market;
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(6) carbon dioxide transport infrastructure and 
permanent geological storage are proven and safe 
technologies with existing Federal and State regu-
latory frameworks; 
(7) carbon dioxide transport and storage infra-
structure share similar barriers to deployment pre-
viously faced by other types of critical national infra-
structure, such as high capital costs and chicken-and- 
egg challenges, that require Federal and State sup-
port, in combination with private investment, to be 
overcome; and 
(8) each State should take into consideration, 
with respect to new carbon dioxide transportation in-
frastructure— 
(A) qualifying the infrastructure as pollu-
tion control devices under applicable laws (in-
cluding regulations) of the State; and 
(B) establishing a waiver of ad valorem and 
property taxes for the infrastructure for a period 
of not less than 10 years. 
SEC. 40302. CARBON UTILIZATION PROGRAM. 
Section 969A of the Energy Policy Act of 2005 (42 
U.S.C. 16298a) is amended— 
(1) in subsection (a)—
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(A) by redesignating paragraphs (3) and 
(4) as paragraphs (4) and (5), respectively; and 
(B) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) to develop or obtain, in coordination with 
other applicable Federal agencies and standard-set-
ting organizations, standards and certifications, as 
appropriate, to facilitate the commercialization of the 
products and technologies described in paragraph 
(2);’’; 
(2) in subsection (b)— 
(A) by redesignating paragraph (2) as 
paragraph (3); 
(B) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) GRANT PROGRAM.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of the Infrastructure 
Investment and Jobs Act, the Secretary shall es-
tablish a program to provide grants to eligible 
entities to use in accordance with subparagraph 
(D). 
‘‘(B) ELIGIBLE ENTITIES.—To be eligible to 
receive a grant under this paragraph, an entity 
shall be—
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‘‘(i) a State; 
‘‘(ii) a unit of local government; or 
‘‘(iii) a public utility or agency. 
‘‘(C) APPLICATIONS.—Eligible entities de-
siring a grant under this paragraph shall submit 
to the Secretary an application at such time, in 
such manner, and containing such information 
as the Secretary determines to be appropriate. 
‘‘(D) USE OF FUNDS.—An eligible entity 
shall use a grant received under this paragraph 
to procure and use commercial or industrial 
products that— 
‘‘(i) use or are derived from anthropo-
genic carbon oxides; and 
‘‘(ii) demonstrate significant net reduc-
tions in lifecycle greenhouse gas emissions 
compared to incumbent technologies, proc-
esses, and products.’’; and 
(C) in paragraph (3) (as so redesignated), 
by striking ‘‘paragraph (1)’’ and inserting ‘‘this 
subsection’’; and 
(3) by striking subsection (d) and inserting the 
following:
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‘‘(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary to carry 
out this section— 
‘‘(1) $41,000,000 for fiscal year 2022; 
‘‘(2) $65,250,000 for fiscal year 2023; 
‘‘(3) $66,562,500 for fiscal year 2024; 
‘‘(4) $67,940,625 for fiscal year 2025; and 
‘‘(5) $69,387,656 for fiscal year 2026.’’. 
SEC. 40303. CARBON CAPTURE TECHNOLOGY PROGRAM. 
Section 962 of the Energy Policy Act of 2005 (42 
U.S.C. 16292) is amended— 
(1) in subsection (b)(2)— 
(A) in subparagraph (C), by striking ‘‘and’’ 
at the end; 
(B) in subparagraph (D), by striking ‘‘pro-
gram.’’ and inserting ‘‘program for carbon cap-
ture technologies; and’’; and 
(C) by adding at the end the following: 
‘‘(E) a front-end engineering and design 
program for carbon dioxide transport infrastruc-
ture necessary to enable deployment of carbon 
capture, utilization, and storage technologies.’’; 
and 
(2) in subsection (d)(1)—
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(A) in subparagraph (C), by striking ‘‘and’’ 
at the end; 
(B) in subparagraph (D), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(E) for activities under the front-end engi-
neering and design program described in sub-
section (b)(2)(E), $100,000,000 for the period of 
fiscal years 2022 through 2026.’’. 
SEC. 40304. CARBON DIOXIDE TRANSPORTATION INFRA-
STRUCTURE FINANCE AND INNOVATION. 
(a) IN GENERAL.—Title IX of the Energy Policy Act 
of 2005 (42 U.S.C. 16181 et seq.) is amended by adding 
at the end the following: 
‘‘Subtitle J—Carbon Dioxide Trans-
portation 
Infrastructure 
Fi-
nance and Innovation 
‘‘SEC. 999A. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) CIFIA PROGRAM.—The term ‘CIFIA pro-
gram’ means the carbon dioxide transportation infra-
structure finance and innovation program established 
under section 999B(a).
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‘‘(2) COMMON CARRIER.—The term ‘common car-
rier’ means a transportation infrastructure operator 
or owner that— 
‘‘(A) publishes a publicly available tariff 
containing the just and reasonable rates, terms, 
and conditions of nondiscriminatory service; and 
‘‘(B) holds itself out to provide transpor-
tation services to the public for a fee. 
‘‘(3) CONTINGENT COMMITMENT.—The term ‘con-
tingent commitment’ means a commitment to obligate 
funds from future available budget authority that 
is— 
‘‘(A) contingent on those funds being made 
available in law at a future date; and 
‘‘(B) not an obligation of the Federal Gov-
ernment. 
‘‘(4) ELIGIBLE PROJECT COSTS.—The term ‘eli-
gible project costs’ means amounts substantially all of 
which are paid by, or for the account of, an obligor 
in connection with a project, including— 
‘‘(A) the cost of— 
‘‘(i) development-phase activities, in-
cluding planning, feasibility analysis, rev-
enue forecasting, environmental review, per-
mitting, preliminary engineering and de-
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sign work, and other preconstruction activi-
ties; 
‘‘(ii) construction, reconstruction, reha-
bilitation, replacement, and acquisition of 
real property (including land relating to 
the project and improvements to land), en-
vironmental mitigation, construction con-
tingencies, and acquisition and installation 
of equipment (including labor); and 
‘‘(iii) capitalized interest necessary to 
meet market requirements, reasonably re-
quired reserve funds, capital issuance ex-
penses, and other carrying costs during con-
struction; and 
‘‘(B) transaction costs associated with fi-
nancing the project, including— 
‘‘(i) the cost of legal counsel and tech-
nical consultants; and 
‘‘(ii) any subsidy amount paid in ac-
cordance with section 999B(c)(3)(B)(ii) or 
section 999C(b)(6)(B)(ii). 
‘‘(5) FEDERAL CREDIT INSTRUMENT.—The term 
‘Federal credit instrument’ means a secured loan or 
loan guarantee authorized to be provided under the 
CIFIA program with respect to a project.
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‘‘(6) LENDER.—The term ‘lender’ means a quali-
fied institutional buyer (as defined in section 
230.144A(a) of title 17, Code of Federal Regulations 
(or a successor regulation), commonly known as Rule 
144A(a) of the Securities and Exchange Commission 
and issued under the Securities Act of 1933 (15 
U.S.C. 77a et seq.)), that is not a Federal qualified 
institutional buyer. 
‘‘(7) LETTER OF INTEREST.—The term ‘letter of 
interest’ means a letter submitted by a potential ap-
plicant prior to an application for credit assistance 
in a format prescribed by the Secretary on the website 
of the CIFIA program that— 
‘‘(A) describes the project and the location, 
purpose, and cost of the project; 
‘‘(B) outlines the proposed financial plan, 
including the requested credit and grant assist-
ance and the proposed obligor; 
‘‘(C) provides a status of environmental re-
view; and 
‘‘(D) provides information regarding satis-
faction of other eligibility requirements of the 
CIFIA program. 
‘‘(8) LOAN GUARANTEE.—The term ‘loan guar-
antee’ means any guarantee or other pledge by the
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Secretary to pay all or part of the principal of, and 
interest on, a loan made to an obligor, or debt obliga-
tion issued by an obligor, in each case funded by a 
lender. 
‘‘(9) MASTER
CREDIT
AGREEMENT.—The term 
‘master credit agreement’ means a conditional agree-
ment that— 
‘‘(A) is for the purpose of extending credit 
assistance for— 
‘‘(i) a project of high priority under 
section 999B(c)(3)(A); or 
‘‘(ii) a project covered under section 
999B(c)(3)(B); 
‘‘(B) does not provide for a current obliga-
tion of Federal funds; and 
‘‘(C) would— 
‘‘(i) make a contingent commitment of 
a Federal credit instrument or grant at a 
future date, subject to— 
‘‘(I) the availability of future 
funds being made available to carry 
out the CIFIA program; and 
‘‘(II) the satisfaction of all condi-
tions for the provision of credit assist-
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ance under the CIFIA program, in-
cluding section 999C(b); 
‘‘(ii) establish the maximum amounts 
and general terms and conditions of the 
Federal credit instruments or grants; 
‘‘(iii) identify the 1 or more revenue 
sources that will secure the repayment of the 
Federal credit instruments; 
‘‘(iv) provide for the obligation of 
funds for the Federal credit instruments or 
grants after all requirements have been met 
for the projects subject to the agreement, in-
cluding— 
‘‘(I) compliance with all applica-
ble requirements specified under the 
CIFIA program, including sections 
999B(d) and 999C(b)(1); and 
‘‘(II) the availability of funds to 
carry out the CIFIA program; and 
‘‘(v) require that contingent commit-
ments shall result in a financial close and 
obligation of credit or grant assistance by 
not later than 4 years after the date of 
entry into the agreement or release of the
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commitment, as applicable, unless otherwise 
extended by the Secretary. 
‘‘(10) OBLIGOR.—The term ‘obligor’ means a 
corporation, partnership, joint venture, trust, non- 
Federal governmental entity, agency, or instrumen-
tality, or other entity that is liable for payment of the 
principal of, or interest on, a Federal credit instru-
ment. 
‘‘(11) PRODUCED IN THE UNITED STATES.—The 
term ‘produced in the United States’, with respect to 
iron and steel, means that all manufacturing proc-
esses for the iron and steel, including the application 
of any coating, occurs within the United States. 
‘‘(12) PROJECT.—The term ‘project’ means a 
project for common carrier carbon dioxide transpor-
tation infrastructure or associated equipment, includ-
ing pipeline, shipping, rail, or other transportation 
infrastructure and associated equipment, that will 
transport or handle carbon dioxide captured from an-
thropogenic sources or ambient air, as the Secretary 
determines to be appropriate. 
‘‘(13) PROJECT OBLIGATION.—The term ‘project 
obligation’ means any note, bond, debenture, or other 
debt obligation issued by an obligor in connection
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† HR 3684 EAS 
with the financing of a project, other than a Federal 
credit instrument. 
‘‘(14) SECURED LOAN.—The term ‘secured loan’ 
means a direct loan to an obligor or a debt obligation 
issued by an obligor and purchased by the Secretary, 
in each case funded by the Secretary in connection 
with the financing of a project under section 999C. 
‘‘(15) SUBSIDY
AMOUNT.—The term ‘subsidy 
amount’ means the amount of budget authority suffi-
cient to cover the estimated long-term cost to the Fed-
eral Government of a Federal credit instrument— 
‘‘(A) calculated on a net present value basis; 
and 
‘‘(B) excluding administrative costs and 
any incidental effects on governmental receipts 
or outlays in accordance with the Federal Credit 
Reform Act of 1990 (2 U.S.C. 661 et seq.). 
‘‘(16) SUBSTANTIAL
COMPLETION.—The term 
‘substantial completion’, with respect to a project, 
means the date— 
‘‘(A) on which the project commences trans-
portation of carbon dioxide; or 
‘‘(B) of a comparable event to the event de-
scribed in subparagraph (A), as determined by
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the Secretary and specified in the project credit 
agreement. 
‘‘SEC. 999B. DETERMINATION OF ELIGIBILITY AND PROJECT 
SELECTION. 
‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary 
shall establish and carry out a carbon dioxide transpor-
tation infrastructure finance and innovation program, 
under which the Secretary shall provide for eligible projects 
in accordance with this subtitle— 
‘‘(1) a Federal credit instrument under section 
999C; 
‘‘(2) a grant under section 999D; or 
‘‘(3) both a Federal credit instrument and a 
grant. 
‘‘(b) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—A project shall be eligible to 
receive a Federal credit instrument or a grant under 
the CIFIA program if— 
‘‘(A) the entity proposing to carry out the 
project submits a letter of interest prior to sub-
mission of an application under paragraph (3) 
for the project; and 
‘‘(B) the project meets the criteria described 
in this subsection. 
‘‘(2) CREDITWORTHINESS.—
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‘‘(A) IN GENERAL.—Each project and obli-
gor that receives a Federal credit instrument or 
a grant under the CIFIA program shall be cred-
itworthy, such that there exists a reasonable 
prospect of repayment of the principal and in-
terest on the Federal credit instrument, as deter-
mined by the Secretary under subparagraph (B). 
‘‘(B) REASONABLE
PROSPECT
OF
REPAY-
MENT.—The Secretary shall base a determina-
tion of whether there is a reasonable prospect of 
repayment under subparagraph (A) on a com-
prehensive evaluation of whether the obligor has 
a reasonable prospect of repaying the Federal 
credit instrument for the eligible project, includ-
ing evaluation of— 
‘‘(i) the strength of the contractual 
terms of an eligible project (if available for 
the applicable market segment); 
‘‘(ii) the forecast of noncontractual 
cash flows supported by market projections 
from reputable sources, as determined by the 
Secretary, and cash sweeps or other struc-
tural enhancements; 
‘‘(iii) the projected financial strength 
of the obligor—
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‘‘(I) at the time of loan close; and 
‘‘(II) throughout the loan term, 
including after the project is com-
pleted; 
‘‘(iv) the financial strength of the in-
vestors and strategic partners of the obligor, 
if applicable; and 
‘‘(v) other financial metrics and anal-
yses that are relied on by the private lend-
ing community and nationally recognized 
credit rating agencies, as determined appro-
priate by the Secretary. 
‘‘(3) APPLICATIONS.—To be eligible for assist-
ance under the CIFIA program, an obligor shall sub-
mit to the Secretary a project application at such 
time, in such manner, and containing such informa-
tion as the Secretary determines to be appropriate. 
‘‘(4) ELIGIBLE
PROJECT
COSTS.—A project 
under the CIFIA program shall have eligible project 
costs that are reasonably anticipated to equal or ex-
ceed $100,000,000. 
‘‘(5) REVENUE SOURCES.—The applicable Fed-
eral credit instrument shall be repayable, in whole or 
in part, from— 
‘‘(A) user fees;
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‘‘(B) payments owing to the obligor under 
a public-private partnership; or 
‘‘(C) other revenue sources that also secure 
or fund the project obligations. 
‘‘(6) OBLIGOR WILL BE IDENTIFIED LATER.—A 
State, local government, agency, or instrumentality of 
a State or local government, or a public authority, 
may submit to the Secretary an application under 
paragraph (3), under which a private party to a pub-
lic-private partnership will be— 
‘‘(A) the obligor; and 
‘‘(B) identified at a later date through com-
pletion of a procurement and selection of the pri-
vate party. 
‘‘(7) BENEFICIAL EFFECTS.—The Secretary shall 
determine that financial assistance for each project 
under the CIFIA program will— 
‘‘(A) attract public or private investment 
for the project; or 
‘‘(B) enable the project to proceed at an ear-
lier date than the project would otherwise be able 
to proceed or reduce the lifecycle costs (including 
debt service costs) of the project. 
‘‘(8) PROJECT READINESS.—To be eligible for as-
sistance under the CIFIA program, the applicant
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shall demonstrate a reasonable expectation that the 
contracting process for construction of the project can 
commence by not later than 90 days after the date on 
which a Federal credit instrument or grant is obli-
gated for the project under the CIFIA program. 
‘‘(c) SELECTION AMONG ELIGIBLE PROJECTS.— 
‘‘(1) ESTABLISHMENT
OF
APPLICATION
PROC-
ESS.—The Secretary shall establish an application 
process under which projects that are eligible to re-
ceive assistance under subsection (b) may— 
‘‘(A) receive credit assistance on terms ac-
ceptable to the Secretary, if adequate funds are 
available (including any funds provided on be-
half of an eligible project under paragraph 
(3)(B)(ii)) to cover the subsidy amount associ-
ated with the Federal credit instrument; and 
‘‘(B) receive grants under section 999D if— 
‘‘(i) adequate funds are available to 
cover the amount of the grant; and 
‘‘(ii) the Secretary determines that the 
project is eligible under subsection (b). 
‘‘(2) PRIORITY.—In selecting projects to receive 
credit assistance under subsection (b), the Secretary 
shall give priority to projects that—
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† HR 3684 EAS 
‘‘(A) are large-capacity, common carrier in-
frastructure; 
‘‘(B) have demonstrated demand for use of 
the infrastructure by associated projects that 
capture carbon dioxide from anthropogenic 
sources or ambient air; 
‘‘(C) enable geographical diversity in associ-
ated projects that capture carbon dioxide from 
anthropogenic sources or ambient air, with the 
goal of enabling projects in all major carbon di-
oxide-emitting regions of the United States; and 
‘‘(D) are sited within, or adjacent to, exist-
ing pipeline or other linear infrastructure cor-
ridors, in a manner that minimizes environ-
mental disturbance and other siting concerns. 
‘‘(3) MASTER CREDIT AGREEMENTS.— 
‘‘(A) PRIORITY PROJECTS.—The Secretary 
may enter into a master credit agreement for a 
project that the Secretary determines— 
‘‘(i) will likely be eligible for credit as-
sistance under subsection (b), on obtain-
ing— 
‘‘(I) additional commitments from 
associated carbon capture projects to 
use the project; or
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‘‘(II) all necessary permits and 
approvals; and 
‘‘(ii) is a project of high priority, as 
determined in accordance with the criteria 
described in paragraph (2). 
‘‘(B) ADEQUATE
FUNDING
NOT
AVAIL-
ABLE.—If the Secretary fully obligates funding 
to eligible projects for a fiscal year and adequate 
funding is not available to fund a Federal credit 
instrument, a project sponsor (including a unit 
of State or local government) of an eligible 
project may elect— 
‘‘(i)(I) to enter into a master credit 
agreement in lieu of the Federal credit in-
strument; and 
‘‘(II) to wait to execute a Federal cred-
it instrument until the fiscal year for which 
additional funds are available to receive 
credit assistance; or 
‘‘(ii) if the lack of adequate funding is 
solely with respect to amounts available for 
the subsidy amount, to pay the subsidy 
amount to fund the Federal credit instru-
ment. 
‘‘(d) FEDERAL REQUIREMENTS.—
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‘‘(1) IN GENERAL.—Nothing in this subtitle su-
persedes the applicability of any other requirement 
under Federal law (including regulations). 
‘‘(2) NEPA.—Federal credit assistance may only 
be provided under this subtitle for a project that has 
received an environmental categorical exclusion, a 
finding of no significant impact, or a record of deci-
sion under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
‘‘(e) USE OF AMERICAN IRON, STEEL, AND MANUFAC-
TURED GOODS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), no Federal credit instrument or grant pro-
vided under the CIFIA program shall be made avail-
able for a project unless all iron, steel, and manufac-
tured goods used in the project are produced in the 
United States. 
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 
apply in any case or category of cases with respect 
to which the Secretary determines that— 
‘‘(A) the application would be inconsistent 
with the public interest; 
‘‘(B) iron, steel, or a relevant manufactured 
good is not produced in the United States in suf-
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† HR 3684 EAS 
ficient and reasonably available quantity, or of 
a satisfactory quality; or 
‘‘(C) the inclusion of iron, steel, or a manu-
factured good produced in the United States will 
increase the cost of the overall project by more 
than 25 percent. 
‘‘(3) WAIVERS.—If the Secretary receives a re-
quest for a waiver under this subsection, the Secretary 
shall— 
‘‘(A) make available to the public a copy of 
the request, together with any information avail-
able to the Secretary concerning the request— 
‘‘(i) on an informal basis; and 
‘‘(ii) by electronic means, including on 
the official public website of the Depart-
ment; 
‘‘(B) allow for informal public comment re-
lating to the request for not fewer than 15 days 
before making a determination with respect to 
the request; and 
‘‘(C) approve or disapprove the request by 
not later than the date that is 120 days after the 
date of receipt of the request.
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‘‘(4) APPLICABILITY.—This subsection shall be 
applied in accordance with any applicable obligations 
of the United States under international agreements. 
‘‘(f) APPLICATION PROCESSING PROCEDURES.— 
‘‘(1) NOTICE OF COMPLETE APPLICATION.—Not 
later than 30 days after the date of receipt of an ap-
plication under this section, the Secretary shall pro-
vide to the applicant a written notice describing 
whether— 
‘‘(A) the application is complete; or 
‘‘(B) additional information or materials 
are needed to complete the application. 
‘‘(2) APPROVAL OR DENIAL OF APPLICATION.— 
Not later than 60 days after the date of issuance of 
a written notice under paragraph (1), the Secretary 
shall provide to the applicant a written notice in-
forming the applicant whether the Secretary has ap-
proved or disapproved the application. 
‘‘(g) DEVELOPMENT-PHASE ACTIVITIES.—Any Federal 
credit instrument provided under the CIFIA program may 
be used to finance up to 100 percent of the cost of develop-
ment-phase activities, as described in section 999A(4)(A). 
‘‘SEC. 999C. SECURED LOANS. 
‘‘(a) AGREEMENTS.—
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‘‘(1) IN GENERAL.—Subject to paragraph (2), the 
Secretary may enter into agreements with 1 or more 
obligors to make secured loans, the proceeds of 
which— 
‘‘(A) shall be used— 
‘‘(i) to finance eligible project costs of 
any project selected under section 999B; 
‘‘(ii) to refinance interim construction 
financing of eligible project costs of any 
project selected under section 999B; or 
‘‘(iii) to refinance long-term project ob-
ligations or Federal credit instruments, if 
the refinancing provides additional funding 
capacity for the completion, enhancement, 
or expansion of any project that— 
‘‘(I) is selected under section 
999B; or 
‘‘(II) otherwise meets the require-
ments of that section; and 
‘‘(B) may be used in accordance with sub-
section (b)(7) to pay any fees collected by the 
Secretary under subparagraph (B) of that sub-
section. 
‘‘(2) RISK
ASSESSMENT.—Before entering into 
an agreement under this subsection, the Secretary, in
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† HR 3684 EAS 
consultation with the Director of the Office of Man-
agement and Budget, shall determine an appropriate 
credit subsidy amount for each secured loan, taking 
into account all relevant factors, including the credit-
worthiness factors under section 999B(b)(2). 
‘‘(b) TERMS AND LIMITATIONS.— 
‘‘(1) IN GENERAL.—A secured loan under this 
section with respect to a project shall be on such terms 
and conditions and contain such covenants, represen-
tations, warranties, and requirements (including re-
quirements for audits) as the Secretary determines to 
be appropriate. 
‘‘(2) MAXIMUM AMOUNT.—The amount of a se-
cured loan under this section shall not exceed an 
amount equal to 80 percent of the reasonably antici-
pated eligible project costs. 
‘‘(3) PAYMENT.—A secured loan under this sec-
tion shall be payable, in whole or in part, from— 
‘‘(A) user fees; 
‘‘(B) payments owing to the obligor under 
a public-private partnership; or 
‘‘(C) other revenue sources that also secure 
or fund the project obligations. 
‘‘(4) INTEREST RATE.—
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‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the interest rate on a secured 
loan under this section shall be not less than the 
interest rate reflected in the yield on United 
States Treasury securities of a similar maturity 
to the maturity of the secured loan on the date 
of execution of the loan agreement. 
‘‘(B) LIMITED BUYDOWNS.— 
‘‘(i) IN
GENERAL.—Subject to clause 
(iii), the Secretary may lower the interest 
rate of a secured loan under this section to 
not lower than the interest rate described in 
clause (ii), if the interest rate has increased 
during the period— 
‘‘(I) beginning on, as applicable— 
‘‘(aa) the date on which an 
application acceptable to the Sec-
retary is submitted for the appli-
cable project; or 
‘‘(bb) the date on which the 
Secretary entered into a master 
credit agreement for the applica-
ble project; and 
‘‘(II) ending on the date on which 
the Secretary executes the Federal cred-
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† HR 3684 EAS 
it instrument for the applicable project 
that is the subject of the secured loan. 
‘‘(ii) 
DESCRIPTION
OF
INTEREST 
RATE.—The interest rate referred to in 
clause (i) is the interest rate reflected in the 
yield on United States Treasury securities 
of a similar maturity to the maturity of the 
secured loan in effect, as applicable to the 
project that is the subject of the secured 
loan, on— 
‘‘(I) the date described in clause 
(i)(I)(aa); or 
‘‘(II) the date described in clause 
(i)(I)(bb). 
‘‘(iii) LIMITATION.—The interest rate 
of a secured loan may not be lowered pursu-
ant to clause (i) by more than 11⁄2 percent-
age points (150 basis points). 
‘‘(5) MATURITY DATE.—The final maturity date 
of the secured loan shall be the earlier of— 
‘‘(A) the date that is 35 years after the date 
of substantial completion of the project; and 
‘‘(B) if the useful life of the capital asset 
being financed is of a lesser period, the date that 
is the end of the useful life of the asset.
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† HR 3684 EAS 
‘‘(6) NONSUBORDINATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the secured loan shall not be 
subordinated to the claims of any holder of 
project obligations in the event of bankruptcy, 
insolvency, or liquidation of the obligor. 
‘‘(B) PREEXISTING INDENTURE.— 
‘‘(i) IN GENERAL.—The Secretary shall 
waive the requirement under subparagraph 
(A) for a public agency borrower that is fi-
nancing ongoing capital programs and has 
outstanding senior bonds under a pre-
existing indenture, if— 
‘‘(I) the secured loan is rated in 
the A category or higher; and 
‘‘(II) the secured loan is secured 
and payable from pledged revenues not 
affected by project performance, such 
as a tax-backed revenue pledge or a 
system-backed pledge of project reve-
nues. 
‘‘(ii) LIMITATION.—If the Secretary 
waives the nonsubordination requirement 
under this subparagraph—
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† HR 3684 EAS 
‘‘(I) the maximum credit subsidy 
amount to be paid by the Federal Gov-
ernment shall be not more than 10 per-
cent of the principal amount of the se-
cured loan; and 
‘‘(II) the obligor shall be respon-
sible for paying the remainder of the 
subsidy amount, if any. 
‘‘(7) FEES.— 
‘‘(A) IN GENERAL.—The Secretary may col-
lect a fee on or after the date of the financial 
close of a Federal credit instrument under this 
section in an amount equal to not more than 
$3,000,000 to cover all or a portion of the costs 
to the Federal Government of providing the Fed-
eral credit instrument. 
‘‘(B) AMENDMENT TO ADD COST OF FEES 
TO SECURED LOAN.—If the Secretary collects a 
fee from an obligor under subparagraph (A) to 
cover all or a portion of the costs to the Federal 
Government of providing a secured loan, the ob-
ligor and the Secretary may amend the terms of 
the secured loan to add to the principal of the 
secured loan an amount equal to the amount of 
the fee collected by the Secretary.
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‘‘(8) MAXIMUM
FEDERAL
INVOLVEMENT.—The 
total Federal assistance provided for a project under 
the CIFIA program, including any grant provided 
under section 999D, shall not exceed an amount equal 
to 80 percent of the eligible project costs. 
‘‘(c) REPAYMENT.— 
‘‘(1) SCHEDULE.—The Secretary shall establish 
a repayment schedule for each secured loan under this 
section based on— 
‘‘(A) the projected cash flow from project 
revenues and other repayment sources; and 
‘‘(B) the useful life of the project. 
‘‘(2) COMMENCEMENT.—Scheduled loan repay-
ments of principal or interest on a secured loan under 
this section shall commence not later than 5 years 
after the date of substantial completion of the project. 
‘‘(3) DEFERRED PAYMENTS.— 
‘‘(A) IN GENERAL.—If, at any time after 
the date of substantial completion of a project, 
the project is unable to generate sufficient reve-
nues in excess of reasonable and necessary oper-
ating expenses to pay the scheduled loan repay-
ments of principal and interest on the secured 
loan, the Secretary may, subject to subparagraph 
(C), allow the obligor to add unpaid principal
1507 
† HR 3684 EAS 
and interest to the outstanding balance of the se-
cured loan. 
‘‘(B) INTEREST.—Any payment deferred 
under subparagraph (A) shall— 
‘‘(i) continue to accrue interest in ac-
cordance with subsection (b)(4) until fully 
repaid; and 
‘‘(ii) be scheduled to be amortized over 
the remaining term of the loan. 
‘‘(C) CRITERIA.— 
‘‘(i) IN GENERAL.—Any payment de-
ferral under subparagraph (A) shall be con-
tingent on the project meeting criteria es-
tablished by the Secretary. 
‘‘(ii) REPAYMENT
STANDARDS.—The 
criteria established pursuant to clause (i) 
shall include standards for the reasonable 
prospect of repayment. 
‘‘(4) PREPAYMENT.— 
‘‘(A) USE OF EXCESS REVENUES.—Any ex-
cess revenues that remain after satisfying sched-
uled debt service requirements on the project obli-
gations and secured loan and all deposit require-
ments under the terms of any trust agreement, 
bond resolution, or similar agreement securing
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† HR 3684 EAS 
project obligations may be applied annually to 
prepay the secured loan, without penalty. 
‘‘(B) 
USE
OF
PROCEEDS
OF
REFI-
NANCING.—A secured loan may be prepaid at 
any time without penalty from the proceeds of 
refinancing from non-Federal funding sources. 
‘‘(d) SALE OF SECURED LOANS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), as 
soon as practicable after substantial completion of a 
project and after notifying the obligor, the Secretary 
may sell to another entity or reoffer into the capital 
markets a secured loan for the project if the Secretary 
determines that the sale or reoffering can be made on 
favorable terms. 
‘‘(2) CONSENT OF OBLIGOR.—In making a sale 
or reoffering under paragraph (1), the Secretary may 
not change any original term or condition of the se-
cured loan without the written consent of the obligor. 
‘‘(e) LOAN GUARANTEES.— 
‘‘(1) IN GENERAL.—The Secretary may provide 
a loan guarantee to a lender in lieu of making a se-
cured loan under this section if the Secretary deter-
mines that the budgetary cost of the loan guarantee 
is substantially the same as, or less than, that of a 
secured loan.
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† HR 3684 EAS 
‘‘(2) TERMS.—The terms of a loan guarantee 
under paragraph (1) shall be consistent with the 
terms required under this section for a secured loan, 
except that the rate on the guaranteed loan and any 
prepayment features shall be negotiated between the 
obligor and the lender, with the consent of the Sec-
retary. 
‘‘SEC. 999D. FUTURE GROWTH GRANTS. 
‘‘(a) ESTABLISHMENT.—The Secretary may provide 
grants to pay a portion of the cost differential, with respect 
to any projected future increase in demand for carbon diox-
ide transportation by an infrastructure project described in 
subsection (b), between— 
‘‘(1) the cost of constructing the infrastructure 
asset with the capacity to transport an increased flow 
rate of carbon dioxide, as made practicable under the 
project; and 
‘‘(2) the cost of constructing the infrastructure 
asset with the capacity to transport carbon dioxide at 
the flow rate initially required, based on commit-
ments for the use of the asset. 
‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 
under this section, an entity shall— 
‘‘(1) be eligible to receive credit assistance under 
the CIFIA program;
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† HR 3684 EAS 
‘‘(2) carry out, or propose to carry out, a project 
for large-capacity, common carrier infrastructure 
with a probable future increase in demand for carbon 
dioxide transportation; and 
‘‘(3) submit to the Secretary an application at 
such time, in such manner, and containing such in-
formation as the Secretary determines to be appro-
priate. 
‘‘(c) USE OF FUNDS.—A grant provided under this 
section may be used only to pay the costs of any additional 
flow rate capacity of a carbon dioxide transportation infra-
structure asset that the project sponsor demonstrates to the 
satisfaction of the Secretary can reasonably be expected to 
be used during the 20-year period beginning on the date 
of substantial completion of the project described in sub-
section (b)(2). 
‘‘(d) MAXIMUM AMOUNT.—The amount of a grant pro-
vided under this section may not exceed an amount equal 
to 80 percent of the cost of the additional capacity described 
in subsection (a). 
‘‘SEC. 999E. PROGRAM ADMINISTRATION. 
‘‘(a) REQUIREMENT.—The Secretary shall establish a 
uniform system to service the Federal credit instruments 
provided under the CIFIA program.
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† HR 3684 EAS 
‘‘(b) FEES.—If funding sufficient to cover the costs of 
services of expert firms retained pursuant to subsection (d) 
and all or a portion of the costs to the Federal Government 
of servicing the Federal credit instruments is not provided 
in an appropriations Act for a fiscal year, the Secretary, 
during that fiscal year, may collect fees on or after the date 
of the financial close of a Federal credit instrument pro-
vided under the CIFIA program at a level that is sufficient 
to cover those costs. 
‘‘(c) SERVICER.— 
‘‘(1) IN GENERAL.—The Secretary may appoint 
a financial entity to assist the Secretary in servicing 
the Federal credit instruments. 
‘‘(2) DUTIES.—A servicer appointed under para-
graph (1) shall act as the agent for the Secretary. 
‘‘(3) FEE.—A servicer appointed under para-
graph (1) shall receive a servicing fee, subject to ap-
proval by the Secretary. 
‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The Sec-
retary may retain the services of expert firms, including 
counsel, in the field of municipal and project finance to 
assist in the underwriting and servicing of Federal credit 
instruments. 
‘‘(e) EXPEDITED PROCESSING.—The Secretary shall 
implement procedures and measures to economize the time
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† HR 3684 EAS 
and cost involved in obtaining approval and the issuance 
of credit assistance under the CIFIA program. 
‘‘SEC. 999F. STATE AND LOCAL PERMITS. 
‘‘The provision of credit assistance under the CIFIA 
program with respect to a project shall not— 
‘‘(1) relieve any recipient of the assistance of any 
project obligation to obtain any required State or 
local permit or approval with respect to the project; 
‘‘(2) limit the right of any unit of State or local 
government to approve or regulate any rate of return 
on private equity invested in the project; or 
‘‘(3) otherwise supersede any State or local law 
(including any regulation) applicable to the construc-
tion or operation of the project. 
‘‘SEC. 999G. REGULATIONS. 
‘‘The Secretary may promulgate such regulations as 
the Secretary determines to be appropriate to carry out the 
CIFIA program. 
‘‘SEC. 999H. AUTHORIZATION OF APPROPRIATIONS; CON-
TRACT AUTHORITY. 
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary to carry out this sub-
title—
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† HR 3684 EAS 
‘‘(A) $600,000,000 for each of fiscal years 
2022 and 2023; and 
‘‘(B) $300,000,000 for each of fiscal years 
2024 through 2026. 
‘‘(2) SPENDING AND BORROWING AUTHORITY.— 
Spending and borrowing authority for a fiscal year 
to enter into Federal credit instruments shall be 
promptly apportioned to the Secretary on a fiscal- 
year basis. 
‘‘(3) REESTIMATES.—If the subsidy amount of a 
Federal credit instrument is reestimated, the cost in-
crease or decrease of the reestimate shall be borne by, 
or benefit, the general fund of the Treasury, consistent 
with section 504(f) of the Congressional Budget Act of 
1974 (2 U.S.C. 661c(f)). 
‘‘(4) ADMINISTRATIVE COSTS.—Of the amounts 
made available to carry out the CIFIA program, the 
Secretary may use not more than $9,000,000 (as in-
dexed for United States dollar inflation from the date 
of enactment of the Infrastructure Investment and 
Jobs Act (as measured by the Consumer Price Index)) 
each fiscal year for the administration of the CIFIA 
program. 
‘‘(b) CONTRACT AUTHORITY.—
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† HR 3684 EAS 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, execution of a term sheet by the Sec-
retary of a Federal credit instrument that uses 
amounts made available under the CIFIA program 
shall impose on the United States a contractual obli-
gation to fund the Federal credit investment. 
‘‘(2) AVAILABILITY.—Amounts made available to 
carry out the CIFIA program for a fiscal year shall 
be available for obligation on October 1 of the fiscal 
year.’’. 
(b) TECHNICAL AMENDMENTS.—The table of contents 
for the Energy Policy Act of 2005 (Public Law 109–58; 119 
Stat. 600) is amended— 
(1) in the item relating to section 917, by strik-
ing ‘‘Efficiency’’; 
(2) by striking the items relating to subtitle J of 
title IX (relating to ultra-deepwater and unconven-
tional natural gas and other petroleum resources) and 
inserting the following: 
‘‘Subtitle J—Carbon Dioxide Transportation Infrastructure Finance and 
Innovation 
‘‘Sec. 999A. Definitions. 
‘‘Sec. 999B. Determination of eligibility and project selection. 
‘‘Sec. 999C. Secured loans. 
‘‘Sec. 999D. Future growth grants. 
‘‘Sec. 999E. Program administration. 
‘‘Sec. 999F. State and local permits. 
‘‘Sec. 999G. Regulations. 
‘‘Sec. 999H. Authorization of appropriations; contract authority.’’; and
1515 
† HR 3684 EAS 
(3) by striking the item relating to section 969B 
and inserting the following: 
‘‘Sec. 969B. High efficiency turbines.’’. 
SEC. 40305. CARBON STORAGE VALIDATION AND TESTING. 
Section 963 of the Energy Policy Act of 2005 (42 
U.S.C. 16293) is amended— 
(1) in subsection (a)(1)(B), by striking ‘‘over a 
10-year period’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘and 
demonstration’’ and inserting ‘‘demonstration, 
and commercialization’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (G), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (H), by striking 
the period at the end and inserting ‘‘; and’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(I) evaluating the quantity, loca-
tion, and timing of geologic carbon 
storage deployment that may be need-
ed, and developing strategies and re-
sources to enable the deployment.’’;
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† HR 3684 EAS 
(3) by redesignating subsections (e) through (g) 
as subsections (f) through (h), respectively; 
(4) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) LARGE-SCALE
CARBON
STORAGE
COMMER-
CIALIZATION PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
a commercialization program under which the Sec-
retary shall provide funding for the development of 
new or expanded commercial large-scale carbon se-
questration projects and associated carbon dioxide 
transport infrastructure, including funding for the 
feasibility, site characterization, permitting, and con-
struction stages of project development. 
‘‘(2) APPLICATIONS; SELECTION.— 
‘‘(A) IN GENERAL.—To be eligible to enter 
into an agreement with the Secretary for fund-
ing under paragraph (1), an entity shall submit 
to the Secretary an application at such time, in 
such manner, and containing such information 
as the Secretary determines to be appropriate. 
‘‘(B) APPLICATION
PROCESS.—The Sec-
retary shall establish an application process 
that, to the maximum extent practicable—
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† HR 3684 EAS 
‘‘(i) is open to projects at any stage of 
development described in paragraph (1); 
and 
‘‘(ii) facilitates expeditious develop-
ment of projects described in that para-
graph. 
‘‘(C) PROJECT
SELECTION.—In selecting 
projects for funding under paragraph (1), the 
Secretary shall give priority to— 
‘‘(i) projects with substantial carbon 
dioxide storage capacity; or 
‘‘(ii) projects that will store carbon di-
oxide from multiple carbon capture facili-
ties.’’; 
(5) in subsection (f) (as so redesignated), in 
paragraph (1), by inserting ‘‘with respect to the re-
search, development, demonstration program compo-
nents described in subsections (b) through (d)’’ before 
‘‘give preference’’; and 
(6) by striking subsection (h) (as so redesig-
nated) and inserting the following: 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry out 
this section $2,500,000,000 for the period of fiscal years 
2022 through 2026.’’.
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† HR 3684 EAS 
SEC. 40306. SECURE GEOLOGIC STORAGE PERMITTING. 
(a) DEFINITIONS.—In this section: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) CLASS VI WELL.—The term ‘‘Class VI well’’ 
means a well described in section 144.6(f) of title 40, 
Code of Federal Regulations (or successor regula-
tions). 
(b) AUTHORIZATION OF APPROPRIATIONS FOR GEO-
LOGIC SEQUESTRATION PERMITTING.—There is authorized 
to be appropriated to the Administrator for the permitting 
of Class VI wells by the Administrator for the injection of 
carbon dioxide for the purpose of geologic sequestration in 
accordance with the requirements of the Safe Drinking 
Water Act (42 U.S.C. 300f et seq.) and the final rule of 
the Administrator entitled ‘‘Federal Requirements Under 
the Underground Injection Control (UIC) Program for Car-
bon Dioxide (CO2) Geologic Sequestration (GS) Wells’’ (75 
Fed. Reg. 77230 (December 10, 2010)), $5,000,000 for each 
of fiscal years 2022 through 2026. 
(c) STATE PERMITTING PROGRAM GRANTS.— 
(1) ESTABLISHMENT.—The Administrator shall 
award grants to States that, pursuant to section 1422 
of the Safe Drinking Water Act (42 U.S.C. 300h–1), 
receive the approval of the Administrator for a State
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† HR 3684 EAS 
underground injection control program for permitting 
Class VI wells for the injection of carbon dioxide. 
(2) USE OF FUNDS.—A State that receives a 
grant under paragraph (1) shall use the amounts re-
ceived under the grant to defray the expenses of the 
State related to the establishment and operation of a 
State underground injection control program de-
scribed in paragraph (1). 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Admin-
istrator to carry out this subsection $50,000,000 for 
the period of fiscal years 2022 through 2026. 
SEC. 40307. GEOLOGIC CARBON SEQUESTRATION ON THE 
OUTER CONTINENTAL SHELF. 
(a) DEFINITIONS.—Section 2 of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1331) is amended— 
(1) in the matter preceding subsection (a), by 
striking ‘‘When used in this Act—’’ and inserting ‘‘In 
this Act:’’; 
(2) in each subsection, by inserting a subsection 
heading, the text of which is comprised of the term de-
fined in the subsection; 
(3) by striking the semicolon at the end of each 
subsection (other than subsection (q)) and ‘‘; and’’ at 
the end of subsection (p) and inserting a period; and
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† HR 3684 EAS 
(4) by adding at the end the following: 
‘‘(r) CARBON DIOXIDE STREAM.— 
‘‘(1) IN
GENERAL.—The term ‘carbon dioxide 
stream’ means carbon dioxide that— 
‘‘(A) has been captured; and 
‘‘(B) consists overwhelmingly of— 
‘‘(i) carbon dioxide plus incidental as-
sociated substances derived from the source 
material or capture process; and 
‘‘(ii) any substances added to the 
stream for the purpose of enabling or im-
proving the injection process. 
‘‘(2) EXCLUSIONS.—The term ‘carbon dioxide 
stream’ does not include additional waste or other 
matter added to the carbon dioxide stream for the 
purpose of disposal. 
‘‘(s) CARBON SEQUESTRATION.—The term ‘carbon se-
questration’ means the act of storing carbon dioxide that 
has been removed from the atmosphere or captured through 
physical, chemical, or biological processes that can prevent 
the carbon dioxide from reaching the atmosphere.’’. 
(b) LEASES, EASEMENTS, OR RIGHTS-OF-WAY FOR EN-
ERGY AND RELATED PURPOSES.—Section 8(p)(1) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)) 
is amended—
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† HR 3684 EAS 
(1) in subparagraph (C), by striking ‘‘or’’ after 
the semicolon; 
(2) in subparagraph (D), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(E) provide for, support, or are directly re-
lated to the injection of a carbon dioxide stream 
into sub-seabed geologic formations for the pur-
pose of long-term carbon sequestration.’’. 
(c) CLARIFICATION.—A carbon dioxide stream injected 
for the purpose of carbon sequestration under subparagraph 
(E) of section 8(p)(1) of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1337(p)(1)) shall not be considered to be 
material (as defined in section 3 of the Marine Protection, 
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1402)) 
for purposes of that Act (33 U.S.C. 1401 et seq.). 
(d) REGULATIONS.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of the Interior 
shall promulgate regulations to carry out the amendments 
made by this section. 
SEC. 40308. CARBON REMOVAL. 
(a) IN GENERAL.—Section 969D of the Energy Policy 
Act of 2005 (42 U.S.C. 16298d) is amended— 
(1) by redesignating subsection (j) as subsection 
(k); and
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(2) by inserting after subsection (i) the following: 
‘‘(j) REGIONAL DIRECT AIR CAPTURE HUBS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) ELIGIBLE PROJECT.—The term ‘eligi-
ble project’ means a direct air capture project or 
a component project of a regional direct air cap-
ture hub. 
‘‘(B) REGIONAL
DIRECT
AIR
CAPTURE 
HUB.—The term ‘regional direct air capture hub’ 
means a network of direct air capture projects, 
potential carbon dioxide utilization off-takers, 
connective carbon dioxide transport infrastruc-
ture, subsurface resources, and sequestration in-
frastructure located within a region. 
‘‘(2) ESTABLISHMENT OF PROGRAM.— 
‘‘(A) IN GENERAL.—The Secretary shall es-
tablish a program under which the Secretary 
shall provide funding for eligible projects that 
contribute to the development of 4 regional direct 
air capture hubs described in subparagraph (B). 
‘‘(B) REGIONAL
DIRECT
AIR
CAPTURE 
HUBS.—Each of the 4 regional direct air capture 
hubs developed under the program under sub-
paragraph (A) shall be a regional direct air cap-
ture hub that—
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‘‘(i) facilitates the deployment of direct 
air capture projects; 
‘‘(ii) has the capacity to capture and 
sequester, utilize, or sequester and utilize at 
least 1,000,000 metric tons of carbon diox-
ide from the atmosphere annually from a 
single unit or multiple interconnected units; 
‘‘(iii) demonstrates the capture, proc-
essing, delivery, and sequestration or end- 
use of captured carbon; and 
‘‘(iv) could be developed into a regional 
or interregional carbon network to facilitate 
sequestration or carbon utilization. 
‘‘(3) SELECTION OF PROJECTS.— 
‘‘(A) SOLICITATION OF PROPOSALS.— 
‘‘(i) IN GENERAL.—Not later than 180 
days after the date of enactment of the In-
frastructure Investment and Jobs Act, the 
Secretary shall solicit applications for fund-
ing for eligible projects. 
‘‘(ii) ADDITIONAL
SOLICITATIONS.— 
The Secretary shall solicit applications for 
funding for eligible projects on a recurring 
basis after the first round of applications is 
received under clause (i) until all amounts
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† HR 3684 EAS 
appropriated to carry out this subsection 
are expended. 
‘‘(B) SELECTION
OF
PROJECTS
FOR
THE 
DEVELOPMENT OF REGIONAL DIRECT AIR CAP-
TURE HUBS.—Not later than 3 years after the 
date of the deadline for the submission of pro-
posals under subparagraph (A)(i), the Secretary 
shall select eligible projects described in para-
graph (2)(A). 
‘‘(C) CRITERIA.—The Secretary shall select 
eligible projects under subparagraph (B) using 
the following criteria: 
‘‘(i) CARBON INTENSITY OF LOCAL IN-
DUSTRY.—To the maximum extent prac-
ticable, each eligible project shall be located 
in a region with— 
‘‘(I) existing carbon-intensive fuel 
production or industrial capacity; or 
‘‘(II) carbon-intensive fuel pro-
duction or industrial capacity that has 
retired or closed in the preceding 10 
years. 
‘‘(ii) GEOGRAPHIC DIVERSITY.—To the 
maximum 
extent 
practicable, 
eligible 
projects shall contribute to the development
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† HR 3684 EAS 
of regional direct air capture hubs located 
in different regions of the United States. 
‘‘(iii) CARBON
POTENTIAL.—To the 
maximum 
extent 
practicable, 
eligible 
projects shall contribute to the development 
of regional direct air capture hubs located 
in regions with high potential for carbon se-
questration or utilization. 
‘‘(iv) HUBS IN FOSSIL-PRODUCING RE-
GIONS.—To the maximum extent prac-
ticable, eligible projects shall contribute to 
the development of at least 2 regional direct 
air capture hubs located in economically 
distressed communities in the regions of the 
United States with high levels of coal, oil, 
or natural gas resources. 
‘‘(v) 
SCALABILITY.—The 
Secretary 
shall give priority to eligible projects that, 
as compared to other eligible projects, will 
contribute to the development of regional di-
rect air capture hubs with larger initial ca-
pacity, greater potential for expansion, and 
lower levelized cost per ton of carbon diox-
ide removed from the atmosphere.
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† HR 3684 EAS 
‘‘(vi) EMPLOYMENT.—The Secretary 
shall give priority to eligible projects that 
are likely to create opportunities for skilled 
training and long-term employment to the 
greatest number of residents of the region. 
‘‘(vii) 
ADDITIONAL
CRITERIA.—The 
Secretary may take into consideration other 
criteria that, in the judgment of the Sec-
retary, are necessary or appropriate to 
carry out this subsection. 
‘‘(D) COORDINATION.—To the maximum ex-
tent practicable, in carrying out the program 
under this subsection, the Secretary shall take 
into account and coordinate with activities of the 
carbon capture technology program established 
under section 962(b)(1), the carbon storage vali-
dation and testing program established under 
section 963(b)(1), and the CIFIA program estab-
lished under section 999B(a) such that funding 
from each of the programs is leveraged to con-
tribute toward the development of integrated re-
gional and interregional carbon capture, re-
moval, transport, sequestration, and utilization 
networks.
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† HR 3684 EAS 
‘‘(E) FUNDING OF ELIGIBLE PROJECTS.— 
The Secretary may make grants to, or enter into 
cooperative agreements or contracts with, each el-
igible project selected under subparagraph (B) to 
accelerate commercialization of, and demonstrate 
the removal, processing, transport, sequestration, 
and utilization of, carbon dioxide captured from 
the atmosphere. 
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary to carry out this subsection $3,500,000,000 for 
the period of fiscal years 2022 through 2026, to re-
main available until expended.’’. 
Subtitle B—Hydrogen Research and 
Development 
SEC. 40311. FINDINGS; PURPOSE. 
(a) FINDINGS.—Congress finds that— 
(1) hydrogen plays a critical part in the com-
prehensive energy portfolio of the United States; 
(2) the use of the hydrogen resources of the 
United States— 
(A) promotes energy security and resilience; 
and
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† HR 3684 EAS 
(B) provides economic value and environ-
mental benefits for diverse applications across 
multiple sectors of the economy; and 
(3) hydrogen can be produced from a variety of 
domestically available clean energy sources, includ-
ing— 
(A) renewable energy resources, including 
biomass; 
(B) fossil fuels with carbon capture, utiliza-
tion, and storage; and 
(C) nuclear power. 
(b) PURPOSE.—The purpose of this subtitle is to accel-
erate research, development, demonstration, and deploy-
ment of hydrogen from clean energy sources by— 
(1) providing a statutory definition for the term 
‘‘clean hydrogen’’; 
(2) establishing a clean hydrogen strategy and 
roadmap for the United States; 
(3) establishing a clearing house for clean hydro-
gen program information at the National Energy 
Technology Laboratory; 
(4) developing a robust clean hydrogen supply 
chain and workforce by prioritizing clean hydrogen 
demonstration projects in major shale gas regions;
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† HR 3684 EAS 
(5) establishing regional clean hydrogen hubs; 
and 
(6) authorizing appropriations to carry out the 
Department of Energy Hydrogen Program Plan, 
dated November 2020, developed pursuant to title 
VIII of the Energy Policy Act of 2005 (42 U.S.C. 
16151 et seq.). 
SEC. 40312. DEFINITIONS. 
Section 803 of the Energy Policy Act of 2005 (42 
U.S.C. 16152) is amended— 
(1) in paragraph (5), by striking the paragraph 
designation and heading and all that follows through 
‘‘when’’ in the matter preceding subparagraph (A) 
and inserting the following: 
‘‘(5) PORTABLE; STORAGE.—The terms ‘portable’ 
and ‘storage’, when’’; 
(2) by redesignating paragraphs (1) through (7) 
as paragraphs (2) through (8), respectively; and 
(3) by inserting before paragraph (2) (as so re-
designated) the following: 
‘‘(1) CLEAN HYDROGEN; HYDROGEN.—The terms 
‘clean hydrogen’ and ‘hydrogen’ mean hydrogen pro-
duced in compliance with the greenhouse gas emis-
sions standard established under section 822(a), in-
cluding production from any fuel source.’’.
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SEC. 40313. CLEAN HYDROGEN RESEARCH AND DEVELOP-
MENT PROGRAM. 
(a) IN GENERAL.—Section 805 of the Energy Policy 
Act of 2005 (42 U.S. 16154) is amended— 
(1) in the section heading, by striking ‘‘PRO-
GRAMS’’ and inserting ‘‘CLEAN HYDROGEN RE-
SEARCH AND DEVELOPMENT PROGRAM’’; 
(2) in subsection (a)— 
(A) by striking ‘‘research and development 
program’’ and inserting ‘‘crosscutting research 
and development program (referred to in this 
section as the ‘program’)’’; and 
(B) by inserting ‘‘processing,’’ after ‘‘pro-
duction,’’; 
(3) by striking subsection (b) and inserting the 
following: 
‘‘(b) GOALS.—The goals of the program shall be— 
‘‘(1) to advance research and development to 
demonstrate and commercialize the use of clean hy-
drogen in the transportation, utility, industrial, com-
mercial, and residential sectors; and 
‘‘(2) to demonstrate a standard of clean hydro-
gen production in the transportation, utility, indus-
trial, commercial, and residential sectors by 2040.’’; 
(4) in subsection (c)(3), by striking ‘‘renewable 
fuels and biofuels’’ and inserting ‘‘fossil fuels with
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† HR 3684 EAS 
carbon capture, utilization, and sequestration, renew-
able fuels, biofuels, and nuclear energy’’; 
(5) by striking subsection (e) and inserting the 
following: 
‘‘(e) ACTIVITIES.—In carrying out the program, the 
Secretary, in partnership with the private sector, shall con-
duct activities to advance and support— 
‘‘(1) the establishment of a series of technology 
cost goals oriented toward achieving the standard of 
clean hydrogen production developed under section 
822(a); 
‘‘(2) the production of clean hydrogen from di-
verse energy sources, including— 
‘‘(A) fossil fuels with carbon capture, utili-
zation, and sequestration; 
‘‘(B) hydrogen-carrier fuels (including eth-
anol and methanol); 
‘‘(C) renewable energy resources, including 
biomass; 
‘‘(D) nuclear energy; and 
‘‘(E) any other methods the Secretary deter-
mines to be appropriate; 
‘‘(3) the use of clean hydrogen for commercial, 
industrial, and residential electric power generation;
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† HR 3684 EAS 
‘‘(4) the use of clean hydrogen in industrial ap-
plications, including steelmaking, cement, chemical 
feedstocks, and process heat; 
‘‘(5) the use of clean hydrogen for use as a fuel 
source for both residential and commercial comfort 
heating and hot water requirements; 
‘‘(6) the safe and efficient delivery of hydrogen or 
hydrogen-carrier fuels, including— 
‘‘(A) transmission by pipelines, including 
retrofitting the existing natural gas transpor-
tation infrastructure system to enable a transi-
tion to transport and deliver increasing levels of 
clean hydrogen, clean hydrogen blends, or clean 
hydrogen carriers; 
‘‘(B) tanks and other distribution methods; 
and 
‘‘(C) convenient and economic refueling of 
vehicles, 
locomotives, 
maritime 
vessels, 
or 
planes— 
‘‘(i) at central refueling stations; or 
‘‘(ii) through distributed onsite genera-
tion; 
‘‘(7) advanced vehicle, locomotive, maritime ves-
sel, or plane technologies, including— 
‘‘(A) engine and emission control systems;
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† HR 3684 EAS 
‘‘(B) energy storage, electric propulsion, 
and hybrid systems; 
‘‘(C) automotive, locomotive, maritime ves-
sel, or plane materials; and 
‘‘(D) other advanced vehicle, locomotive, 
maritime vessel, or plane technologies; 
‘‘(8) storage of hydrogen or hydrogen-carrier 
fuels, including the development of materials for safe 
and economic storage in gaseous, liquid, or solid 
form; 
‘‘(9) the development of safe, durable, affordable, 
and efficient fuel cells, including fuel-flexible fuel cell 
power systems, improved manufacturing processes, 
high-temperature membranes, cost-effective fuel proc-
essing for natural gas, fuel cell stack and system reli-
ability, low-temperature operation, and cold start ca-
pability; 
‘‘(10) the ability of domestic clean hydrogen 
equipment manufacturers to manufacture commer-
cially available competitive technologies in the United 
States; 
‘‘(11) the use of clean hydrogen in the transpor-
tation sector, including in light-, medium-, and 
heavy-duty vehicles, rail transport, aviation, and 
maritime applications; and
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† HR 3684 EAS 
‘‘(12) in coordination with relevant agencies, the 
development of appropriate, uniform codes and stand-
ards for the safe and consistent deployment and com-
mercialization of clean hydrogen production, proc-
essing, delivery, and end-use technologies.’’; and 
(6) by adding at the end the following: 
‘‘(j) TARGETS.—Not later than 180 days after the date 
of enactment of the Infrastructure Investment and Jobs Act, 
the Secretary shall establish targets for the program to ad-
dress near-term (up to 2 years), mid-term (up to 7 years), 
and long-term (up to 15 years) challenges to the advance-
ment of clean hydrogen systems and technologies.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for the Energy Policy Act of 2005 (Public Law 109–58; 119 
Stat. 599) is amended by striking the item relating to sec-
tion 805 and inserting the following: 
‘‘Sec. 805. Clean hydrogen research and development program.’’. 
SEC. 40314. ADDITIONAL CLEAN HYDROGEN PROGRAMS. 
Title VIII of the Energy Policy Act of 2005 (42 U.S.C. 
16151 et seq.) is amended— 
(1) by redesignating sections 813 through 816 as 
sections 818 through 821, respectively; and 
(2) by inserting after section 812 the following: 
‘‘SEC. 813. REGIONAL CLEAN HYDROGEN HUBS. 
‘‘(a) DEFINITION OF REGIONAL CLEAN HYDROGEN 
HUB.—In this section, the term ‘regional clean hydrogen
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† HR 3684 EAS 
hub’ means a network of clean hydrogen producers, poten-
tial clean hydrogen consumers, and connective infrastruc-
ture located in close proximity. 
‘‘(b) ESTABLISHMENT OF PROGRAM.—The Secretary 
shall establish a program to support the development of at 
least 4 regional clean hydrogen hubs that— 
‘‘(1) demonstrably aid the achievement of the 
clean hydrogen production standard developed under 
section 822(a); 
‘‘(2) demonstrate the production, processing, de-
livery, storage, and end-use of clean hydrogen; and 
‘‘(3) can be developed into a national clean hy-
drogen network to facilitate a clean hydrogen econ-
omy. 
‘‘(c) SELECTION
OF REGIONAL CLEAN HYDROGEN 
HUBS.— 
‘‘(1) SOLICITATION
OF
PROPOSALS.—Not later 
than 180 days after the date of enactment of the In-
frastructure Investment and Jobs Act, the Secretary 
shall solicit proposals for regional clean hydrogen 
hubs. 
‘‘(2) SELECTION OF HUBS.—Not later than 1 
year after the deadline for the submission of proposals 
under paragraph (1), the Secretary shall select at
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† HR 3684 EAS 
least 4 regional clean hydrogen hubs to be developed 
under subsection (b). 
‘‘(3) CRITERIA.—The Secretary shall select re-
gional clean hydrogen hubs under paragraph (2) 
using the following criteria: 
‘‘(A) FEEDSTOCK DIVERSITY.—To the max-
imum extent practicable— 
‘‘(i) at least 1 regional clean hydrogen 
hub shall demonstrate the production of 
clean hydrogen from fossil fuels; 
‘‘(ii) at least 1 regional clean hydrogen 
hub shall demonstrate the production of 
clean hydrogen from renewable energy; and 
‘‘(iii) at least 1 regional clean hydro-
gen hub shall demonstrate the production of 
clean hydrogen from nuclear energy. 
‘‘(B) END-USE
DIVERSITY.—To the max-
imum extent practicable— 
‘‘(i) at least 1 regional clean hydrogen 
hub shall demonstrate the end-use of clean 
hydrogen in the electric power generation 
sector; 
‘‘(ii) at least 1 regional clean hydrogen 
hub shall demonstrate the end-use of clean 
hydrogen in the industrial sector;
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† HR 3684 EAS 
‘‘(iii) at least 1 regional clean hydro-
gen hub shall demonstrate the end-use of 
clean hydrogen in the residential and com-
mercial heating sector; and 
‘‘(iv) at least 1 regional clean hydrogen 
hub shall demonstrate the end-use of clean 
hydrogen in the transportation sector. 
‘‘(C) 
GEOGRAPHIC
DIVERSITY.—To 
the 
maximum extent practicable, each regional clean 
hydrogen hub— 
‘‘(i) shall be located in a different re-
gion of the United States; and 
‘‘(ii) shall use energy resources that are 
abundant in that region. 
‘‘(D) HUBS
IN
NATURAL
GAS-PRODUCING 
REGIONS.—To the maximum extent practicable, 
at least 2 regional clean hydrogen hubs shall be 
located in the regions of the United States with 
the greatest natural gas resources. 
‘‘(E) EMPLOYMENT.—The Secretary shall 
give priority to regional clean hydrogen hubs 
that are likely to create opportunities for skilled 
training and long-term employment to the great-
est number of residents of the region.
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† HR 3684 EAS 
‘‘(F) 
ADDITIONAL
CRITERIA.—The 
Sec-
retary may take into consideration other criteria 
that, in the judgment of the Secretary, are nec-
essary or appropriate to carry out this title 
‘‘(4) FUNDING OF REGIONAL CLEAN HYDROGEN 
HUBS.—The Secretary may make grants to each re-
gional clean hydrogen hub selected under paragraph 
(2) to accelerate commercialization of, and dem-
onstrate the production, processing, delivery, storage, 
and end-use of, clean hydrogen. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry out 
this section $8,000,000,000 for the period of fiscal years 
2022 through 2026. 
‘‘SEC. 814. NATIONAL CLEAN HYDROGEN STRATEGY AND 
ROADMAP. 
‘‘(a) DEVELOPMENT.— 
‘‘(1) IN
GENERAL.—In carrying out the pro-
grams established under sections 805 and 813, the 
Secretary, in consultation with the heads of relevant 
offices of the Department, shall develop a techno-
logically and economically feasible national strategy 
and roadmap to facilitate widescale production, proc-
essing, delivery, storage, and use of clean hydrogen.
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† HR 3684 EAS 
‘‘(2) INCLUSIONS.—The national clean hydrogen 
strategy and roadmap developed under paragraph (1) 
shall focus on— 
‘‘(A) establishing a standard of hydrogen 
production that achieves the standard developed 
under section 822(a), including interim goals to-
wards meeting that standard; 
‘‘(B)(i) clean hydrogen production and use 
from natural gas, coal, renewable energy sources, 
nuclear energy, and biomass; and 
‘‘(ii) identifying potential barriers, path-
ways, and opportunities, including Federal pol-
icy needs, to transition to a clean hydrogen econ-
omy; 
‘‘(C) identifying— 
‘‘(i) economic opportunities for the 
production, processing, transport, storage, 
and use of clean hydrogen that exist in the 
major shale natural gas-producing regions 
of the United States; 
‘‘(ii) economic opportunities for the 
production, processing, transport, storage, 
and use of clean hydrogen that exist for 
merchant nuclear power plants operating in 
deregulated markets; and
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† HR 3684 EAS 
‘‘(iii) environmental risks associated 
with potential deployment of clean hydrogen 
technologies in those regions, and ways to 
mitigate those risks; 
‘‘(D) approaches, including substrategies, 
that reflect geographic diversity across the coun-
try, to advance clean hydrogen based on re-
sources, industry sectors, environmental benefits, 
and economic impacts in regional economies; 
‘‘(E) identifying opportunities to use, and 
barriers to using, existing infrastructure, includ-
ing all components of the natural gas infrastruc-
ture system, the carbon dioxide pipeline infra-
structure system, end-use local distribution net-
works, end-use power generators, LNG terminals, 
industrial users of natural gas, and residential 
and commercial consumers of natural gas, for 
clean hydrogen deployment; 
‘‘(F) identifying the needs for and barriers 
and pathways to developing clean hydrogen hubs 
(including, where appropriate, clean hydrogen 
hubs coupled with carbon capture, utilization, 
and storage hubs) that—
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† HR 3684 EAS 
‘‘(i) are regionally dispersed across the 
United States and can leverage natural gas 
to the maximum extent practicable; 
‘‘(ii) can demonstrate the efficient pro-
duction, processing, delivery, and use of 
clean hydrogen; 
‘‘(iii) include transportation corridors 
and modes of transportation, including 
transportation of clean hydrogen by pipe-
line and rail and through ports; and 
‘‘(iv) where appropriate, could serve as 
joint clean hydrogen and carbon capture, 
utilization, and storage hubs; 
‘‘(G) prioritizing activities that improve the 
ability of the Department to develop tools to 
model, analyze, and optimize single-input, mul-
tiple-output integrated hybrid energy systems 
and multiple-input, multiple-output integrated 
hybrid energy systems that maximize efficiency 
in providing hydrogen, high-value heat, elec-
tricity, and chemical synthesis services; 
‘‘(H) identifying the appropriate points of 
interaction between and among Federal agencies 
involved in the production, processing, delivery, 
storage, and use of clean hydrogen and clarifying
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† HR 3684 EAS 
the responsibilities of those Federal agencies, and 
potential regulatory obstacles and recommenda-
tions for modifications, in order to support the 
deployment of clean hydrogen; and 
‘‘(I) identifying geographic zones or regions 
in which clean hydrogen technologies could effi-
ciently and economically be introduced in order 
to transition existing infrastructure to rely on 
clean hydrogen, in support of decarbonizing all 
relevant sectors of the economy. 
‘‘(b) REPORTS TO CONGRESS.— 
‘‘(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of the Infrastructure In-
vestment and Jobs Act, the Secretary shall submit to 
Congress the clean hydrogen strategy and roadmap 
developed under subsection (a). 
‘‘(2) UPDATES.—The Secretary shall submit to 
Congress updates to the clean hydrogen strategy and 
roadmap under paragraph (1) not less frequently 
than once every 3 years after the date on which the 
Secretary initially submits the report and roadmap. 
‘‘SEC. 815. CLEAN HYDROGEN MANUFACTURING AND RECY-
CLING. 
‘‘(a) CLEAN
HYDROGEN
MANUFACTURING
INITIA-
TIVE.—
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† HR 3684 EAS 
‘‘(1) IN
GENERAL.—In carrying out the pro-
grams established under sections 805 and 813, the 
Secretary shall award multiyear grants to, and enter 
into contracts, cooperative agreements, or any other 
agreements authorized under this Act or other Federal 
law with, eligible entities (as determined by the Sec-
retary) for research, development, and demonstration 
projects to advance new clean hydrogen production, 
processing, delivery, storage, and use equipment man-
ufacturing technologies and techniques. 
‘‘(2) PRIORITY.—In awarding grants or entering 
into contracts, cooperative agreements, or other agree-
ments under paragraph (1), the Secretary, to the 
maximum extent practicable, shall give priority to 
clean hydrogen equipment manufacturing projects 
that— 
‘‘(A) increase efficiency and cost-effective-
ness in— 
‘‘(i) the manufacturing process; and 
‘‘(ii) the use of resources, including ex-
isting energy infrastructure; 
‘‘(B) support domestic supply chains for 
materials and components; 
‘‘(C) identify and incorporate nonhazardous 
alternative materials for components and devices;
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† HR 3684 EAS 
‘‘(D) operate in partnership with tribal en-
ergy development organizations, Indian Tribes, 
Tribal organizations, Native Hawaiian commu-
nity-based organizations, or territories or freely 
associated States; or 
‘‘(E) are located in economically distressed 
areas of the major natural gas-producing regions 
of the United States. 
‘‘(3) EVALUATION.—Not later than 3 years after 
the date of enactment of the Infrastructure Investment 
and Jobs Act, and not less frequently than once every 
4 years thereafter, the Secretary shall conduct, and 
make available to the public and the relevant commit-
tees of Congress, an independent review of the 
progress of the projects carried out through grants 
awarded, or contracts, cooperative agreements, or 
other agreements entered into, under paragraph (1). 
‘‘(b) CLEAN HYDROGEN TECHNOLOGY RECYCLING RE-
SEARCH, DEVELOPMENT, 
AND
DEMONSTRATION
PRO-
GRAM.— 
‘‘(1) IN
GENERAL.—In carrying out the pro-
grams established under sections 805 and 813, the 
Secretary shall award multiyear grants to, and enter 
into contracts, cooperative agreements, or any other 
agreements authorized under this Act or other Federal
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† HR 3684 EAS 
law with, eligible entities for research, development, 
and demonstration projects to create innovative and 
practical approaches to increase the reuse and recy-
cling of clean hydrogen technologies, including by— 
‘‘(A) increasing the efficiency and cost-effec-
tiveness of the recovery of raw materials from 
clean hydrogen technology components and sys-
tems, including enabling technologies such as 
electrolyzers and fuel cells; 
‘‘(B) minimizing environmental impacts 
from the recovery and disposal processes; 
‘‘(C) addressing any barriers to the re-
search, development, demonstration, and com-
mercialization of technologies and processes for 
the disassembly and recycling of devices used for 
clean hydrogen production, processing, delivery, 
storage, and use; 
‘‘(D) developing alternative materials, de-
signs, manufacturing processes, and other aspects 
of clean hydrogen technologies; 
‘‘(E) developing alternative disassembly and 
resource recovery processes that enable efficient, 
cost-effective, and environmentally responsible 
disassembly of, and resource recovery from, clean 
hydrogen technologies; and
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† HR 3684 EAS 
‘‘(F) developing strategies to increase con-
sumer acceptance of, and participation in, the 
recycling of fuel cells. 
‘‘(2) DISSEMINATION
OF
RESULTS.—The Sec-
retary shall make available to the public and the rel-
evant committees of Congress the results of the 
projects carried out through grants awarded, or con-
tracts, cooperative agreements, or other agreements 
entered into, under paragraph (1), including any 
educational and outreach materials developed by the 
projects. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry out 
this section $500,000,000 for the period of fiscal years 2022 
through 2026. 
‘‘SEC. 816. CLEAN HYDROGEN ELECTROLYSIS PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ELECTROLYSIS.—The term ‘electrolysis’ 
means a process that uses electricity to split water 
into hydrogen and oxygen. 
‘‘(2) ELECTROLYZER.—The term ‘electrolyzer’ 
means a system that produces hydrogen using elec-
trolysis. 
‘‘(3) PROGRAM.—The term ‘program’ means the 
program established under subsection (b).
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† HR 3684 EAS 
‘‘(b) ESTABLISHMENT.—Not later than 90 days after 
the date of enactment of the Infrastructure Investment and 
Jobs Act, the Secretary shall establish a research, develop-
ment, demonstration, commercialization, and deployment 
program for purposes of commercialization to improve the 
efficiency, increase the durability, and reduce the cost of 
producing clean hydrogen using electrolyzers. 
‘‘(c) GOALS.—The goals of the program are— 
‘‘(1) to reduce the cost of hydrogen produced 
using electrolyzers to less than $2 per kilogram of hy-
drogen by 2026; and 
‘‘(2) any other goals the Secretary determines are 
appropriate. 
‘‘(d) DEMONSTRATION PROJECTS.—In carrying out 
the program, the Secretary shall fund demonstration 
projects— 
‘‘(1) to demonstrate technologies that produce 
clean hydrogen using electrolyzers; and 
‘‘(2) to validate information on the cost, effi-
ciency, durability, and feasibility of commercial de-
ployment of the technologies described in paragraph 
(1). 
‘‘(e) FOCUS.—The program shall focus on research re-
lating to, and the development, demonstration, and deploy-
ment of—
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† HR 3684 EAS 
‘‘(1) low-temperature electrolyzers, including liq-
uid-alkaline 
electrolyzers, 
membrane-based 
electrolyzers, and other advanced electrolyzers, capable 
of converting intermittent sources of electric power to 
clean hydrogen with enhanced efficiency and dura-
bility; 
‘‘(2) high-temperature electrolyzers that combine 
electricity and heat to improve the efficiency of clean 
hydrogen production; 
‘‘(3) advanced reversible fuel cells that combine 
the functionality of an electrolyzer and a fuel cell; 
‘‘(4) new highly active, selective, and durable 
electrolyzer catalysts and electro-catalysts that— 
‘‘(A) greatly reduce or eliminate the need 
for platinum group metals; and 
‘‘(B) enable electrolysis of complex mixtures 
with impurities, including seawater; 
‘‘(5) modular electrolyzers for distributed energy 
systems and the bulk-power system (as defined in sec-
tion 215(a) of the Federal Power Act (16 U.S.C. 
824o(a))); 
‘‘(6) low-cost membranes or electrolytes and sep-
aration materials that are durable in the presence of 
impurities or seawater;
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‘‘(7) improved component design and material 
integration, including with respect to electrodes, po-
rous transport layers and bipolar plates, and balance- 
of-system components, to allow for scale-up and do-
mestic manufacturing of electrolyzers at a high vol-
ume; 
‘‘(8) clean hydrogen storage technologies; 
‘‘(9) technologies that integrate hydrogen produc-
tion with— 
‘‘(A) clean hydrogen compression and dry-
ing technologies; 
‘‘(B) clean hydrogen storage; and 
‘‘(C) transportation or stationary systems; 
and 
‘‘(10) integrated systems that combine hydrogen 
production with renewable power or nuclear power 
generation technologies, including hybrid systems 
with hydrogen storage. 
‘‘(f) GRANTS, CONTRACTS, COOPERATIVE
AGREE-
MENTS.— 
‘‘(1) GRANTS.—In carrying out the program, the 
Secretary shall award grants, on a competitive basis, 
to eligible entities for projects that the Secretary de-
termines would provide the greatest progress toward
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† HR 3684 EAS 
achieving the goal of the program described in sub-
section (c). 
‘‘(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 pur-
pose of the program described in subsection (b). 
‘‘(3) ELIGIBILITY; APPLICATIONS.— 
‘‘(A) IN GENERAL.—The eligibility of an en-
tity to receive a grant under paragraph (1), to 
enter into a contract or cooperative agreement 
under paragraph (2), or to receive funding for a 
demonstration project under subsection (d) shall 
be determined by the Secretary. 
‘‘(B) APPLICATIONS.—An eligible entity de-
siring to receive a grant under paragraph (1), to 
enter into a contract or cooperative agreement 
under paragraph (2), or to receive funding for a 
demonstration project under subsection (d) shall 
submit to the Secretary an application at such 
time, in such manner, and containing such in-
formation as the Secretary may require. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry out
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the program $1,000,000,000 for the period of fiscal years 
2022 through 2026, to remain available until expended. 
‘‘SEC. 817. LABORATORY MANAGEMENT. 
‘‘(a) IN GENERAL.—The National Energy Technology 
Laboratory, the Idaho National Laboratory, and the Na-
tional Renewable Energy Laboratory shall continue to work 
in a crosscutting manner to carry out the programs estab-
lished under sections 813 and 815. 
‘‘(b) COORDINATION; CLEARINGHOUSE.—In carrying 
out subsection (a), the National Energy Technology Labora-
tory shall— 
‘‘(1) coordinate with— 
‘‘(A) the Idaho National Laboratory, the 
National Renewable Energy Laboratory, and 
other National Laboratories in a cross-cutting 
manner; 
‘‘(B) institutions of higher education; 
‘‘(C) research institutes; 
‘‘(D) industrial researchers; and 
‘‘(E) international researchers; and 
‘‘(2) act as a clearinghouse to collect information 
from, and distribute information to, the National 
Laboratories and other entities described in subpara-
graphs (B) through (E) of paragraph (1).’’.
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SEC. 40315. CLEAN HYDROGEN PRODUCTION QUALIFICA-
TIONS. 
(a) IN GENERAL.—The Energy Policy Act of 2005 (42 
U.S.C. 16151 et seq.) (as amended by section 40314(1)) is 
amended by adding at the end the following: 
‘‘SEC. 822. CLEAN HYDROGEN PRODUCTION QUALIFICA-
TIONS. 
‘‘(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of the Infrastructure Investment and Jobs 
Act, the Secretary, in consultation with the Administrator 
of the Environmental Protection Agency and after taking 
into account input from industry and other stakeholders, 
as determined by the Secretary, shall develop an initial 
standard for the carbon intensity of clean hydrogen produc-
tion that shall apply to activities carried out under this 
title. 
‘‘(b) REQUIREMENTS.— 
‘‘(1) IN
GENERAL.—The standard developed 
under subsection (a) shall— 
‘‘(A) support clean hydrogen production 
from each source described in section 805(e)(2); 
‘‘(B) define the term ‘clean hydrogen’ to 
mean hydrogen produced with a carbon intensity 
equal to or less than 2 kilograms of carbon diox-
ide-equivalent produced at the site of production 
per kilogram of hydrogen produced; and
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‘‘(C) take into consideration technological 
and economic feasibility. 
‘‘(2) ADJUSTMENT.—Not later than the date that 
is 5 years after the date on which the Secretary devel-
ops the standard under subsection (a), the Secretary, 
in consultation with the Administrator of the Envi-
ronmental Protection Agency and after taking into 
account input from industry and other stakeholders, 
as determined by the Secretary, shall— 
‘‘(A) determine whether the definition of 
clean hydrogen required under paragraph (1)(B) 
should be adjusted below the standard described 
in that paragraph; and 
‘‘(B) if the Secretary determines the adjust-
ment described in subparagraph (A) is appro-
priate, carry out the adjustment. 
‘‘(c) APPLICATION.—The standard developed under 
subsection (a) shall apply to clean hydrogen production 
from renewable, fossil fuel with carbon capture, utilization, 
and sequestration technologies, nuclear, and other fuel 
sources using any applicable production technology.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for the Energy Policy Act of 2005 (Public Law 109–58; 119 
Stat. 599) is amended by striking the items relating to sec-
tions 813 through 816 and inserting the following: 
‘‘Sec. 813. Regional clean hydrogen hubs.
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‘‘Sec. 814. National clean hydrogen strategy and roadmap. 
‘‘Sec. 815. Clean hydrogen manufacturing and recycling. 
‘‘Sec. 816. Clean hydrogen electrolysis program. 
‘‘Sec. 817. Laboratory management. 
‘‘Sec. 818. Technology transfer 
‘‘Sec. 819. Miscellaneous provisions. 
‘‘Sec. 820. Cost sharing. 
‘‘Sec. 821. Savings clause. 
‘‘Sec. 822. Clean hydrogen production qualifications.’’. 
Subtitle C—Nuclear Energy 
Infrastructure 
SEC. 40321. INFRASTRUCTURE PLANNING FOR MICRO AND 
SMALL MODULAR NUCLEAR REACTORS. 
(a) DEFINITIONS.—In this section: 
(1) ADVANCED NUCLEAR REACTOR.— The term 
‘‘advanced nuclear reactor’’ has the meaning given the 
term in section 951(b) of the Energy Policy Act of 
2005 (42 U.S.C. 16271(b)). 
(2) ISOLATED COMMUNITY.—The term ‘‘isolated 
community’’ has the meaning given the term in sec-
tion 8011(a) of the Energy Act of 2020 (42 U.S.C. 
17392(a)). 
(3) MICRO-REACTOR.—The term ‘‘micro-reactor’’ 
means an advanced nuclear reactor that has an elec-
tric power production capacity that is not greater 
than 50 megawatts. 
(4) 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).
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(5) SMALL
MODULAR
REACTOR.—The term 
‘‘small modular reactor’’ means an advanced nuclear 
reactor— 
(A) with a rated capacity of less than 300 
electrical megawatts; and 
(B) that can be constructed and operated in 
combination with similar reactors at a single 
site. 
(b) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall submit to the 
Committee on Energy and Natural Resources of the Senate 
and the Committees on Energy and Commerce and Science, 
Space, and Technology of the House of Representatives a 
report that describes how the Department could enhance en-
ergy resilience and reduce carbon emissions with the use 
of micro-reactors and small modular reactors. 
(c) ELEMENTS.—The report required by subsection (b) 
shall address the following: 
(1) An evaluation by the Department of current 
resilience and carbon reduction requirements for en-
ergy for facilities of the Department to determine 
whether changes are needed to address— 
(A) the need to provide uninterrupted power 
to facilities of the Department for at least 3 days 
during power grid failures;
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† HR 3684 EAS 
(B) the need for protection against cyber 
threats and electromagnetic pulses; and 
(C) resilience to extreme natural events, in-
cluding earthquakes, volcanic activity, tornados, 
hurricanes, floods, tsunamis, lahars, landslides, 
seiches, a large quantity of snowfall, and very 
low or high temperatures. 
(2) A strategy of the Department for using nu-
clear energy to meet resilience and carbon reduction 
goals of facilities of the Department. 
(3) A strategy to partner with private industry 
to develop and deploy micro-reactors and small mod-
ular reactors to remote communities in order to re-
place diesel generation and other fossil fuels. 
(4) An assessment by the Department of the 
value associated with enhancing the resilience of a fa-
cility of the Department by transitioning to power 
from micro-reactors and small modular reactors and 
to co-located nuclear facilities with the capability to 
provide dedicated power to the facility of the Depart-
ment during a grid outage or failure. 
(5) The plans of the Department— 
(A) for deploying a micro-reactor and a 
small modular reactor to produce energy for use
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† HR 3684 EAS 
by a facility of the Department in the United 
States by 2026; 
(B) for deploying a small modular reactor 
to produce energy for use by a facility of the De-
partment in the United States by 2029; and 
(C) to include micro-reactors and small 
modular reactors in the planning for meeting fu-
ture facility energy needs. 
(d) FINANCIAL
AND TECHNICAL ASSISTANCE
FOR 
SITING MICRO-REACTORS, SMALL MODULAR REACTORS, 
AND ADVANCED NUCLEAR REACTORS.— 
(1) IN GENERAL.—The Secretary shall offer fi-
nancial and technical assistance to entities to conduct 
feasibility studies for the purpose of identifying suit-
able locations for the deployment of micro-reactors, 
small modular reactors, and advanced nuclear reac-
tors in isolated communities. 
(2) REQUIREMENT.—Prior to providing finan-
cial and technical assistance under paragraph (1), the 
Secretary shall conduct robust community engage-
ment and outreach for the purpose of identifying lev-
els of interest in isolated communities. 
(3) LIMITATION.—The Secretary shall not dis-
burse more than 50 percent of the amounts available
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† HR 3684 EAS 
for financial assistance under this subsection to the 
National Laboratories. 
SEC. 40322. PROPERTY INTERESTS RELATING TO CERTAIN 
PROJECTS AND PROTECTION OF INFORMA-
TION RELATING TO CERTAIN AGREEMENTS. 
(a) PROPERTY INTERESTS RELATING TO FEDERALLY 
FUNDED ADVANCED NUCLEAR REACTOR PROJECTS.— 
(1) DEFINITIONS.—In this section: 
(A) ADVANCED
NUCLEAR
REACTOR.—The 
term ‘‘advanced nuclear reactor’’ has the mean-
ing given the term in section 951(b) of the En-
ergy Policy Act of 2005 (42 U.S.C. 16271(b)). 
(B) PROPERTY INTEREST.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), the term ‘‘property interest’’ 
means any interest in real property or per-
sonal property (as those terms are defined 
in section 200.1 of title 2, Code of Federal 
Regulations (as in effect on the date of en-
actment of this Act)). 
(ii) EXCLUSION.—The term ‘‘property 
interest’’ does not include any interest in 
intellectual property developed using fund-
ing provided under a project described in 
paragraph (3).
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† HR 3684 EAS 
(2) ASSIGNMENT OF PROPERTY INTERESTS.—The 
Secretary may assign to any entity, including the 
United States, fee title or any other property interest 
acquired by the Secretary under an agreement entered 
into with respect to a project described in paragraph 
(3). 
(3) PROJECT DESCRIBED.—A project referred to 
in paragraph (2) is— 
(A) a project for which funding is provided 
pursuant to the funding opportunity announce-
ment of the Department numbered DE–FOA– 
0002271, including any project for which fund-
ing has been provided pursuant to that an-
nouncement as of the date of enactment of this 
Act; 
(B) any other project for which funding is 
provided using amounts made available for the 
Advanced Reactor Demonstration Program of the 
Department under the heading ‘‘Nuclear En-
ergy’’ under the heading ‘‘ENERGY PRO-
GRAMS’’ in title III of division C of the Further 
Consolidated Appropriations Act, 2020 (Public 
Law 116–94; 133 Stat. 2670);
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† HR 3684 EAS 
(C) any other project for which Federal 
funding is provided under the Advanced Reactor 
Demonstration Program of the Department; or 
(D) a project— 
(i) relating to advanced nuclear reac-
tors; and 
(ii) for which Federal funding is pro-
vided under a program focused on develop-
ment and demonstration. 
(4) RETROACTIVE VESTING.—The vesting of fee 
title or any other property interest assigned under 
paragraph (2) shall be retroactive to the date on 
which the applicable project first received Federal 
funding as described in any of subparagraphs (A) 
through (D) of paragraph (3). 
(b) CONSIDERATIONS IN COOPERATIVE RESEARCH AND 
DEVELOPMENT AGREEMENTS.— 
(1) IN GENERAL.—Section 12(c)(7)(B) of the Ste-
venson-Wydler Technology Innovation Act of 1980 (15 
U.S.C. 3710a(c)(7)(B)) is amended— 
(A) by inserting ‘‘(i)’’ after ‘‘(B)’’; 
(B) in clause (i), as so designated, by strik-
ing ‘‘The director’’ and inserting ‘‘Subject to 
clause (ii), the director’’; and 
(C) by adding at the end the following:
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† HR 3684 EAS 
‘‘(II) The agency may authorize 
the director to provide appropriate 
protections against dissemination de-
scribed in clause (i) for a total period 
of not more than 30 years if the agency 
determines that the nature of the infor-
mation protected against dissemina-
tion, including nuclear technology, 
could reasonably require an extended 
period of that protection to reach com-
mercialization.’’. 
(2) APPLICABILITY.— 
(A) DEFINITION.—In this subsection, the 
term ‘‘cooperative research and development 
agreement’’ has the meaning given the term in 
section 12(d) of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3710a(d)). 
(B) RETROACTIVE EFFECT.—Clause (ii) of 
section 12(c)(7)(B) of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 
3710a(c)(7)(B)), as added by subsection (a) of 
this section, shall apply with respect to any co-
operative research and development agreement 
that is in effect as of the day before the date of 
enactment of this Act.
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† HR 3684 EAS 
(c) DEPARTMENT OF ENERGY CONTRACTS.—Section 
646(g)(5) of the Department of Energy Organization Act 
(42 U.S.C. 7256(g)(5)) is amended— 
(1) by striking ‘‘(5) The Secretary’’ and insert-
ing the following: 
‘‘(5) PROTECTION FROM DISCLOSURE.— 
‘‘(A) IN GENERAL.—The Secretary’’; and 
(2) in subparagraph (A) (as so designated)— 
(A) by striking ‘‘, for up to 5 years after the 
date on which the information is developed,’’; 
and 
(B) by striking ‘‘agency.’’ and inserting the 
following: ‘‘agency— 
‘‘(i) for up to 5 years after the date on 
which the information is developed; or 
‘‘(ii) for up to 30 years after the date 
on which the information is developed, if 
the Secretary determines that the nature of 
the technology under the transaction, in-
cluding nuclear technology, could reason-
ably require an extended period of protec-
tion from disclosure to reach commercializa-
tion. 
‘‘(B) EXTENSION DURING TERM.—The Sec-
retary may extend the period of protection from
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† HR 3684 EAS 
disclosure during the term of any transaction de-
scribed in subparagraph (A) in accordance with 
that subparagraph.’’. 
SEC. 40323. CIVIL NUCLEAR CREDIT PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) CERTIFIED NUCLEAR REACTOR.—The term 
‘‘certified nuclear reactor’’ means a nuclear reactor 
that— 
(A) competes in a competitive electricity 
market; and 
(B) is certified under subsection (c)(2)(A)(i) 
to submit a sealed bid in accordance with sub-
section (d). 
(2) CREDIT.—The term ‘‘credit’’ means a credit 
allocated to a certified nuclear reactor under sub-
section (e)(2). 
(b) ESTABLISHMENT
OF PROGRAM.—The Secretary 
shall establish a civil nuclear credit program— 
(1) to evaluate nuclear reactors that are pro-
jected to cease operations due to economic factors; and 
(2) to allocate credits to certified nuclear reactors 
that are selected under paragraph (1)(B) of subsection 
(e) to receive credits under paragraph (2) of that sub-
section. 
(c) CERTIFICATION.—
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† HR 3684 EAS 
(1) APPLICATION.— 
(A) IN GENERAL.—In order to be certified 
under paragraph (2)(A)(i), the owner or oper-
ator of a nuclear reactor that is projected to 
cease operations due to economic factors shall 
submit to the Secretary an application at such 
time, in such manner, and containing such in-
formation as the Secretary determines to be ap-
propriate, including— 
(i) information on the operating costs 
necessary to make the determination de-
scribed in paragraph (2)(A)(ii)(I), includ-
ing— 
(I) the average projected annual 
operating loss in dollars per megawatt- 
hour, inclusive of the cost of oper-
ational and market risks, expected to 
be incurred by the nuclear reactor over 
the 4-year period for which credits 
would be allocated; 
(II) any private or publicly avail-
able data with respect to current or 
projected bulk power market prices; 
(III) 
out-of-market 
revenue 
streams;
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† HR 3684 EAS 
(IV) operations and maintenance 
costs; 
(V) capital costs, including fuel; 
and 
(VI) operational and market risks; 
(ii) an estimate of the potential incre-
mental air pollutants that would result if 
the nuclear reactor were to cease operations; 
(iii) known information on the source 
of produced uranium and the location 
where the uranium is converted, enriched, 
and fabricated into fuel assemblies for the 
nuclear reactor for the 4-year period for 
which credits would be allocated; and 
(iv) a detailed plan to sustain oper-
ations at the conclusion of the applicable 4- 
year period for which credits would be allo-
cated— 
(I) without receiving additional 
credits; or 
(II) with the receipt of additional 
credits of a lower amount than the 
credits allocated during that 4-year 
credit period.
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(B) TIMELINE.—The Secretary shall accept 
applications described in subparagraph (A)— 
(i) until the date that is 120 days after 
the date of enactment of this Act; and 
(ii) not less frequently than every year 
thereafter. 
(C) PAYMENTS FROM STATE PROGRAMS.— 
(i) IN GENERAL.—The owner or oper-
ator of a nuclear reactor that receives a 
payment from a State zero-emission credit, 
a State clean energy contract, or any other 
State program with respect to that nuclear 
reactor shall be eligible to submit an appli-
cation under subparagraph (A) with respect 
to that nuclear reactor during any applica-
tion period beginning after the 120-day pe-
riod beginning on the date of enactment of 
this Act. 
(ii) REQUIREMENT.—An application 
submitted by an owner or operator de-
scribed in clause (i) with respect to a nu-
clear reactor described in that clause shall 
include all projected payments from State 
programs in determining the average pro-
jected annual operating loss described in
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† HR 3684 EAS 
subparagraph (A)(i)(I), unless the credits 
allocated to the nuclear reactor pursuant to 
that application will be used to reduce those 
payments. 
(2) DETERMINATION TO CERTIFY.— 
(A) DETERMINATION.— 
(i) IN GENERAL.—Not later than 60 
days after the applicable date under sub-
paragraph (B) of paragraph (1), the Sec-
retary shall determine whether to certify, in 
accordance with clauses (ii) and (iii), each 
nuclear reactor for which an application is 
submitted under subparagraph (A) of that 
paragraph. 
(ii) MINIMUM REQUIREMENTS.—To the 
maximum extent practicable, the Secretary 
shall only certify a nuclear reactor under 
clause (i) if— 
(I) after considering the informa-
tion 
submitted 
under 
paragraph 
(1)(A)(i), the Secretary determines that 
the nuclear reactor is projected to cease 
operations due to economic factors; 
(II) after considering the estimate 
submitted under paragraph (1)(A)(ii),
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† HR 3684 EAS 
the Secretary determines that pollut-
ants would increase if the nuclear reac-
tor were to cease operations and be re-
placed with other types of power gen-
eration; and 
(III) 
the 
Nuclear 
Regulatory 
Commission has reasonable assurance 
that the nuclear reactor— 
(aa) will continue to be oper-
ated in accordance with the cur-
rent licensing basis (as defined in 
section 54.3 of title 10, Code of 
Federal Regulations (or successor 
regulations) of the nuclear reactor; 
and 
(bb) poses no significant safe-
ty hazards. 
(iii) 
PRIORITY.—In 
determining 
whether to certify a nuclear reactor under 
clause (i), the Secretary shall give priority 
to a nuclear reactor that uses, to the max-
imum extent available, uranium that is 
produced, converted, enriched, and fab-
ricated into fuel assemblies in the United 
States.
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† HR 3684 EAS 
(B) NOTICE.—For each application received 
under paragraph (1)(A), the Secretary shall pro-
vide to the applicable owner or operator, as ap-
plicable— 
(i) a notice of the certification of the 
applicable nuclear reactor; or 
(ii) a notice that describes the reasons 
why the certification of the applicable nu-
clear reactor was denied. 
(d) BIDDING PROCESS.— 
(1) IN GENERAL.—Subject to paragraph (2), the 
Secretary shall establish a deadline by which each 
certified nuclear reactor shall submit to the Secretary 
a sealed bid that— 
(A) describes the price per megawatt-hour of 
the credits desired by the certified nuclear reac-
tor, which shall not exceed the average projected 
annual operating loss described in subsection 
(c)(1)(A)(i)(I); and 
(B) includes a commitment, subject to the 
receipt of credits, to provide a specific number of 
megawatt-hours of generation during the 4-year 
period for which credits would be allocated. 
(2) REQUIREMENT.—The deadline established 
under paragraph (1) shall be not later than 30 days
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† HR 3684 EAS 
after the first date on which the Secretary has made 
the determination described in paragraph (2)(A)(i) of 
subsection (c) with respect to each application sub-
mitted under paragraph (1)(A) of that subsection. 
(e) ALLOCATION.— 
(1) AUCTION.—Notwithstanding section 169 of 
the Atomic Energy Act of 1954 (42 U.S.C. 2209), the 
Secretary shall— 
(A) in consultation with the heads of appli-
cable Federal agencies, establish a process for 
evaluating bids submitted under subsection 
(d)(1) through an auction process; and 
(B) select certified nuclear reactors to be al-
located credits. 
(2) CREDITS.—Subject to subsection (f)(2), on se-
lection under paragraph (1), a certified nuclear reac-
tor shall be allocated credits for a 4-year period be-
ginning on the date of the selection. 
(3) REQUIREMENT.—To the maximum extent 
practicable, the Secretary shall use the amounts made 
available for credits under this section to allocate 
credits to as many certified nuclear reactors as pos-
sible. 
(f) RENEWAL.—
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† HR 3684 EAS 
(1) IN GENERAL.—The owner or operator of a 
certified nuclear reactor may seek to recertify the nu-
clear reactor in accordance with this section. 
(2) LIMITATION.—Notwithstanding any other 
provision of this section, the Secretary may not allo-
cate any credits after September 30, 2031. 
(g) ADDITIONAL REQUIREMENTS.— 
(1) AUDIT.—During the 4-year period beginning 
on the date on which a certified nuclear reactor first 
receives a credit, the Secretary shall periodically 
audit the certified nuclear reactor. 
(2) RECAPTURE.—The Secretary shall, by regu-
lation, provide for the recapture of the allocation of 
any credit to a certified nuclear reactor that, during 
the period described in paragraph (1)— 
(A) terminates operations; or 
(B) does not operate at an annual loss in 
the absence of an allocation of credits to the cer-
tified nuclear reactor. 
(3) CONFIDENTIALITY.—The Secretary shall es-
tablish procedures to ensure that any confidential, 
private, proprietary, or privileged information that is 
included in a sealed bid submitted under this section 
is not publicly disclosed or otherwise improperly used.
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(h) REPORT.—Not later than January 1, 2024, the 
Comptroller General of the United States shall submit to 
Congress a report with respect to the credits allocated to 
certified nuclear reactors, which shall include— 
(1) an evaluation of the effectiveness of the cred-
its in avoiding air pollutants while ensuring grid re-
liability; 
(2) a quantification of the ratepayer savings 
achieved under this section; and 
(3) any recommendations to renew or expand the 
credits. 
(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry out 
this section $6,000,000,000 for the period of fiscal years 
2022 through 2026. 
Subtitle D—Hydropower 
SEC. 40331. HYDROELECTRIC PRODUCTION INCENTIVES. 
Section 242 of the Energy Policy Act of 2005 (42 
U.S.C. 15881) is amended— 
(1) in subsection (b)(2), by striking ‘‘before the 
date of the enactment of this section’’ and inserting 
‘‘before the date of enactment of the Infrastructure In-
vestment and Jobs Act’’; 
(2) in the undesignated matter following sub-
section (b)(3), by striking ‘‘the date of the enactment
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† HR 3684 EAS 
of this section’’ and inserting ‘‘the date of enactment 
of the Infrastructure Investment and Jobs Act’’; 
(3) in subsection (e)(1), in the second sentence, 
by striking ‘‘$750,000’’ and inserting ‘‘$1,000,000’’; 
and 
(4) by striking subsection (g) and inserting the 
following: 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry out 
this section $125,000,000 for fiscal year 2022, to remain 
available until expended.’’. 
SEC. 40332. HYDROELECTRIC EFFICIENCY IMPROVEMENT 
INCENTIVES. 
(a) IN GENERAL.—Section 243 of the Energy Policy 
Act of 2005 (42 U.S.C. 15882) is amended— 
(1) in the section heading, by inserting ‘‘incen-
tives’’ after ‘‘improvement’’; 
(2) in subsection (b)— 
(A) in the first sentence, by striking ‘‘10 
percent’’ and inserting ‘‘30 percent’’; 
(B) in the second sentence— 
(i) by striking ‘‘$750,000’’ and insert-
ing ‘‘$5,000,000’’; and 
(ii) by inserting ‘‘in any 1 fiscal year’’ 
before the period at the end; and
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(3) by striking subsection (c) and inserting the 
following: 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$75,000,000 for fiscal year 2022 to remain available until 
expended.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for the Energy Policy Act of 2005 (Public Law 109–58; 119 
Stat. 595) is amended by striking the item relating to sec-
tion 243 and inserting the following: 
‘‘243. Hydroelectric efficiency improvement incentives.’’. 
SEC. 
40333. 
MAINTAINING 
AND 
ENHANCING 
HYDROELECTRICITY INCENTIVES. 
(a) IN GENERAL.—Subtitle C of title II of the Energy 
Policy Act of 2005 (Public Law 109–58; 119 Stat. 674) is 
amended by adding at the end the following: 
‘‘SEC. 
247. 
MAINTAINING 
AND 
ENHANCING 
HYDROELECTRICITY INCENTIVES. 
‘‘(a) DEFINITION OF QUALIFIED HYDROELECTRIC FA-
CILITY.—In this section, the term ‘qualified hydroelectric 
facility’ means a hydroelectric project that— 
‘‘(1)(A) is licensed by the Federal Energy Regu-
latory Commission; or 
‘‘(B) is a hydroelectric project constructed, oper-
ated, or maintained pursuant to a permit or valid ex-
isting right-of-way granted prior to June 10, 1920, or
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a license granted pursuant to the Federal Power Act 
(16 U.S.C. 791a et seq.); 
‘‘(2) is placed into service before the date of en-
actment of this section; and 
‘‘(3)(A) is in compliance with all applicable 
Federal, Tribal, and State requirements; or 
‘‘(B) would be brought into compliance with the 
requirements described in subparagraph (A) as a re-
sult of the capital improvements carried out using an 
incentive payment under this section. 
‘‘(b) INCENTIVE
PAYMENTS.—The Secretary shall 
make incentive payments to the owners or operators of 
qualified hydroelectric facilities for capital improvements 
directly related to— 
‘‘(1) improving grid resiliency, including— 
‘‘(A) adapting more quickly to changing 
grid conditions; 
‘‘(B) providing ancillary services (including 
black start capabilities, voltage support, and 
spinning reserves); 
‘‘(C) integrating other variable sources of 
electricity generation; and 
‘‘(D) managing accumulated reservoir sedi-
ments;
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‘‘(2) improving dam safety to ensure acceptable 
performance under all loading conditions (including 
static, hydrologic, and seismic conditions), includ-
ing— 
‘‘(A) the maintenance or upgrade of spill-
ways or other appurtenant structures; 
‘‘(B) dam stability improvements, including 
erosion repair and enhanced seepage controls; 
and 
‘‘(C) upgrades or replacements of floodgates 
or natural infrastructure restoration or protec-
tion to improve flood risk reduction; or 
‘‘(3) environmental improvements, including— 
‘‘(A) adding or improving safe and effective 
fish passage, including new or upgraded turbine 
technology, fish ladders, fishways, and all other 
associated technology, equipment, or other fish 
passage technology to a qualified hydroelectric 
facility; 
‘‘(B) improving the quality of the water re-
tained or released by a qualified hydroelectric fa-
cility; 
‘‘(C) 
promoting 
downstream 
sediment 
transport processes and habitat maintenance; 
and
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‘‘(D) improving recreational access to the 
project vicinity, including roads, trails, boat in-
gress and egress, flows to improve recreation, 
and infrastructure that improves river recreation 
opportunity. 
‘‘(c) LIMITATIONS.— 
‘‘(1) COSTS.—Incentive payments under this sec-
tion shall not exceed 30 percent of the costs of the ap-
plicable capital improvement. 
‘‘(2) MAXIMUM AMOUNT.—Not more than 1 in-
centive payment may be made under this section with 
respect to capital improvements at a single qualified 
hydroelectric facility in any 1 fiscal year, the amount 
of which shall not exceed $5,000,000. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry out 
this section $553,600,000 for fiscal year 2022, to remain 
available until expended.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for the Energy Policy Act of 2005 (Public Law 109–58; 119 
Stat. 595) is amended by inserting after the item relating 
to section 246 the following: 
‘‘247. Maintaining and enhancing hydroelectricity incentives.’’.
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SEC. 40334. PUMPED STORAGE HYDROPOWER WIND AND 
SOLAR 
INTEGRATION 
AND 
SYSTEM 
RELI-
ABILITY INITIATIVE. 
Section 3201 of the Energy Policy Act of 2020 (42 
U.S.C. 17232) is amended— 
(1) by redesignating subsections (e) through (g) 
as subsections (f) through (h), respectively; and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) PUMPED STORAGE HYDROPOWER WIND
AND 
SOLAR INTEGRATION AND SYSTEM RELIABILITY INITIA-
TIVE.— 
‘‘(1) DEFINITION OF ELIGIBLE ENTITY.—In this 
subsection, the term ‘eligible entity’ means— 
‘‘(A)(i) an electric utility, including— 
‘‘(I) a political subdivision of a State, 
such as a municipally owned electric util-
ity; or 
‘‘(II) an instrumentality of a State 
composed of municipally owned electric 
utilities; 
‘‘(ii) an electric cooperative; or 
‘‘(iii) an investor-owned utility; 
‘‘(B) an Indian Tribe or Tribal organiza-
tion; 
‘‘(C) a State energy office;
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‘‘(D) an institution of higher education; 
and 
‘‘(E) a consortium of the entities described 
in subparagraphs (A) through (D). 
‘‘(2) DEMONSTRATION PROJECT.— 
‘‘(A) IN
GENERAL.—Not later than Sep-
tember 30, 2023, the Secretary shall, to the max-
imum extent practicable, enter into an agree-
ment with an eligible entity to provide financial 
assistance to the eligible entity to carry out 
project design, transmission studies, power mar-
ket assessments, and permitting for a pumped 
storage hydropower project to facilitate the long- 
duration storage of intermittent renewable elec-
tricity. 
‘‘(B) PROJECT REQUIREMENTS.—To be eli-
gible for financial assistance under subpara-
graph (A), a project shall— 
‘‘(i) be designed to provide not less 
than 1,000 megawatts of storage capacity; 
‘‘(ii) be able to provide energy and ca-
pacity for use in more than 1 organized 
electricity market;
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‘‘(iii) be able to store electricity gen-
erated by intermittent renewable electricity 
projects located on Tribal land; and 
‘‘(iv) have received a preliminary per-
mit from the Federal Energy Regulatory 
Commission. 
‘‘(C) MATCHING REQUIREMENT.—An eligi-
ble entity receiving financial assistance under 
subparagraph (A) shall provide matching funds 
equal to or greater than the amount of financial 
assistance provided under that subparagraph. 
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $2,000,000 for each of fiscal years 
2022 through 2026.’’. 
SEC. 40335. AUTHORITY FOR PUMPED STORAGE HYDRO-
POWER DEVELOPMENT USING MULTIPLE BU-
REAU OF RECLAMATION RESERVOIRS. 
Section 9(c) of the Reclamation Project Act of 1939 
(43 U.S.C. 485h(c)) is amended— 
(1) in paragraph (1), in the fourth sentence, by 
striking ‘‘, including small conduit hydropower devel-
opment’’ and inserting ‘‘and reserve to the Secretary 
the exclusive authority to develop small conduit hy-
dropower using Bureau of Reclamation facilities and
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pumped storage hydropower exclusively using Bureau 
of Reclamation reservoirs’’; and 
(2) in paragraph (8), by striking ‘‘has been filed 
with the Federal Energy Regulatory Commission as 
of the date of the enactment of the Bureau of Rec-
lamation Small Conduit Hydropower Development 
and Rural Jobs Act’’ and inserting ‘‘was filed with 
the Federal Energy Regulatory Commission before 
August 9, 2013, and is still pending’’. 
SEC. 40336. LIMITATIONS ON ISSUANCE OF CERTAIN 
LEASES OF POWER PRIVILEGE. 
(a) DEFINITIONS.—In this section: 
(1) 
COMMISSION.—The 
term 
‘‘Commission’’ 
means the Federal Energy Regulatory Commission. 
(2) DIRECTOR.—The term ‘‘Director’’ means the 
Director of the Office of Hearings and Appeals. 
(3) OFFICE OF HEARINGS AND APPEALS.—The 
term ‘‘Office of Hearings and Appeals’’ means the Of-
fice of Hearings and Appeals of the Department of the 
Interior. 
(4) PARTY.—The term ‘‘party’’, with respect to 
a study plan agreement, means each of the following 
parties to the study plan agreement: 
(A) The proposed lessee. 
(B) The Tribes.
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(5) PROJECT.—The term ‘‘project’’ means a pro-
posed pumped storage facility that— 
(A) would use multiple Bureau of Reclama-
tion reservoirs; and 
(B) as of June 1, 2017, was subject to a 
preliminary permit issued by the Commission 
pursuant to section 4(f) of the Federal Power Act 
(16 U.S.C. 797(f)). 
(6) PROPOSED
LESSEE.—The term ‘‘proposed 
lessee’’ means the proposed lessee of a project. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(8) STUDY PLAN.—The term ‘‘study plan’’ means 
the plan described in subsection (d)(1). 
(9) STUDY PLAN AGREEMENT.—The term ‘‘study 
plan agreement’’ means an agreement entered into 
under subsection (b)(1) and described in subsection 
(c). 
(10) TRIBES.—The term ‘‘Tribes’’ means— 
(A) the Confederated Tribes of the Colville 
Reservation; and 
(B) the Spokane Tribe of Indians of the 
Spokane Reservation. 
(b) REQUIREMENT
FOR ISSUANCE
OF LEASES
OF 
POWER PRIVILEGE.—The Secretary shall not issue a lease
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of power privilege pursuant to section 9(c)(1) of the Rec-
lamation Project Act of 1939 (43 U.S.C. 485h(c)(1)) (as 
amended by section 40335) for a project unless— 
(1) the proposed lessee and the Tribes have en-
tered into a study plan agreement; or 
(2) the Secretary or the Director, as applicable, 
makes a final determination for— 
(A) a study plan agreement under sub-
section (c)(2); or 
(B) a study plan under subsection (d). 
(c) STUDY PLAN AGREEMENT REQUIREMENTS.— 
(1) IN
GENERAL.—A study plan agreement 
shall— 
(A) establish the deadlines for the proposed 
lessee to formally respond in writing to com-
ments and study requests about the project pre-
viously submitted to the Commission; 
(B) allow for the parties to submit addi-
tional comments and study requests if any as-
pect of the project, as proposed, differs from an 
aspect of the project, as described in a 
preapplication document provided to the Com-
mission; 
(C) except as expressly agreed to by the par-
ties or as provided in paragraph (2) or sub-
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section (d), require that the proposed lessee con-
duct each study described in— 
(i) a study request about the project 
previously submitted to the Commission; or 
(ii) any additional study request sub-
mitted in accordance with the study plan 
agreement; 
(D) require that the proposed lessee study 
any potential adverse economic effects of the 
project on the Tribes, including effects on— 
(i) annual payments to the Confed-
erated Tribes of the Colville Reservation 
under section 5(b) of the Confederated 
Tribes of the Colville Reservation Grand 
Coulee Dam Settlement Act (Public Law 
103–436; 108 Stat. 4579); and 
(ii) annual payments to the Spokane 
Tribe of Indians of the Spokane Reservation 
authorized after the date of enactment of 
this Act, the amount of which derives from 
the annual payments described in clause (i); 
(E) establish a protocol for communication 
and consultation between the parties; 
(F) provide mechanisms for resolving dis-
putes between the parties regarding implementa-
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tion and enforcement of the study plan agree-
ment; and 
(G) contain other provisions determined to 
be appropriate by the parties. 
(2) DISPUTES.— 
(A) IN
GENERAL.—If the parties cannot 
agree to the terms of a study plan agreement or 
implementation of those terms, the parties shall 
submit to the Director, for final determination 
on the terms or implementation of the study 
plan agreement, notice of the dispute, consistent 
with paragraph (1)(F), to the extent the parties 
have agreed to a study plan agreement. 
(B) INCLUSION.—A dispute covered by sub-
paragraph (A) may include the view of a pro-
posed lessee that an additional study request sub-
mitted in accordance with paragraph (1)(B) is 
not reasonably calculated to assist the Secretary 
in evaluating the potential impacts of the 
project. 
(C) TIMING.—The Director shall issue a de-
termination regarding a dispute under subpara-
graph (A) not later than 120 days after the date 
on which the Director receives notice of the dis-
pute under that subparagraph.
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(d) STUDY PLAN.— 
(1) IN GENERAL.—The proposed lessee shall sub-
mit to the Secretary for approval a study plan that 
details the proposed methodology for performing each 
of the studies— 
(A) identified in the study plan agreement 
of the proposed lessee; or 
(B) determined by the Director in a final 
determination regarding a dispute under sub-
section (c)(2). 
(2) INITIAL DETERMINATION.—Not later than 60 
days after the date on which the Secretary receives the 
study plan under paragraph (1), the Secretary shall 
make an initial determination that— 
(A) approves the study plan; 
(B) rejects the study plan on the grounds 
that the study plan— 
(i) lacks sufficient detail on a proposed 
methodology for a study identified in the 
study plan agreement; or 
(ii) is inconsistent with the study plan 
agreement; or 
(C) imposes additional study plan require-
ments that the Secretary determines are nec-
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essary to adequately define the potential effects of 
the project on— 
(i) the exercise of the paramount hunt-
ing, fishing, and boating rights of the Tribes 
reserved pursuant to the Act of June 29, 
1940 (54 Stat. 703, chapter 460; 16 U.S.C. 
835d et seq.); 
(ii) the annual payments described in 
clauses (i) and (ii) of subsection (c)(1)(D); 
(iii) the Columbia Basin project (as 
defined in section 1 of the Act of May 27, 
1937 (50 Stat. 208, chapter 269; 57 Stat. 
14, chapter 14; 16 U.S.C. 835)); 
(iv) historic properties and cultural or 
spiritually significant resources; and 
(v) the environment. 
(3) OBJECTIONS.— 
(A) IN GENERAL.—Not later than 30 days 
after the date on which the Secretary makes an 
initial determination under paragraph (2), the 
Tribes or the proposed lessee may submit to the 
Director an objection to the initial determina-
tion. 
(B) FINAL
DETERMINATION.—Not later 
than 120 days after the date on which the Direc-
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tor receives an objection under subparagraph 
(A), the Director shall— 
(i) hold a hearing on the record re-
garding the objection; and 
(ii) make a final determination that 
establishes the study plan, including a de-
scription of studies the proposed lessee is re-
quired to perform. 
(4) NO OBJECTIONS.—If no objections are sub-
mitted by the deadline described in paragraph (3)(A), 
the initial determination of the Secretary under para-
graph (2) shall be final. 
(e) CONDITIONS OF LEASE.— 
(1) CONSISTENCY WITH RIGHTS OF TRIBES; PRO-
TECTION, MITIGATION, AND ENHANCEMENT OF FISH 
AND WILDLIFE.— 
(A) IN
GENERAL.—Any lease of power 
privilege issued by the Secretary for a project 
under subsection (b) shall contain conditions— 
(i) to ensure that the project is con-
sistent with, and will not interfere with, the 
exercise of the paramount hunting, fishing, 
and boating rights of the Tribes reserved 
pursuant to the Act of June 29, 1940 (54
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Stat. 703, chapter 460; 16 U.S.C. 835d et 
seq.); and 
(ii) to adequately and equitably pro-
tect, mitigate damages to, and enhance fish 
and wildlife, including related spawning 
grounds and habitat, affected by the devel-
opment, operation, and management of the 
project. 
(B) RECOMMENDATIONS OF THE TRIBES.— 
The conditions required under subparagraph (A) 
shall be based on joint recommendations of the 
Tribes. 
(C) RESOLVING INCONSISTENCIES.— 
(i) IN GENERAL.—If the Secretary de-
termines that any recommendation of the 
Tribes under subparagraph (B) is not rea-
sonably calculated to ensure the project is 
consistent with subparagraph (A) or is in-
consistent with the requirements of the Rec-
lamation Project Act of 1939 (43 U.S.C. 
485 et seq.), the Secretary shall attempt to 
resolve any such inconsistency with the 
Tribes, giving due weight to the rec-
ommendations and expertise of the Tribes.