Open Back Better Act of 2021
Bill: S.531 | Sponsor: Sen. Smith, Tina (D-MN)
Policy area: Energy

Summary:
Open Back Better Act of 2021
This bill directs the Department of Energy (DOE) to provide grants to federal and state agencies and tribal organizations to implement building projects that increase resiliency, energy efficiency, renewable energy, and grid integration. It also provides grants for projects that may have combined heat and power and energy storage as project components.
States must use at least 40% of grant funds to implement projects in environmental justice communities or low-income communities that have been adversely impacted by the COVID-19 (i.e., coronavirus disease 2019) pandemic.

To provide additional funds for Federal and State facility energy 
              resiliency programs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Open Back Better Act of 2021''.

SEC. 2. FACILITIES ENERGY RESILIENCY.

    (a) Definitions.--In this section:
            (1) Covered project.--The term ``covered project'' means a 
        building project at an eligible facility that--
                    (A) increases--
                            (i) resiliency, including--
                                    (I) public health and safety;
                                    (II) power outages;
                                    (III) natural disasters;
                                    (IV) indoor air quality; and
                                    (V) any modifications necessitated 
                                by the COVID-19 pandemic;
                            (ii) energy efficiency;
                            (iii) renewable energy; and
                            (iv) grid integration; and
                    (B) may have combined heat and power and energy 
                storage as project components.
            (2) Early childhood education program.--The term ``early 
        childhood education program'' has the meaning given the term in 
        section 103 of the Higher Education Act of 1965 (20 U.S.C. 
        1003).
            (3) Elementary school.--The term ``elementary school'' has 
        the meaning given the term in section 8101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (4) Eligible facility.--The term ``eligible facility'' 
        means a public facility, as determined by the Secretary, 
        including--
                    (A) a public school, including an elementary school 
                and a secondary school;
                    (B) a facility used to operate an early childhood 
                education program;
                    (C) a local educational agency;
                    (D) a medical facility;
                    (E) a local or State government building;
                    (F) a community facility;
                    (G) a public safety facility;
                    (H) a day care center;
                    (I) an institution of higher education;
                    (J) a public library; and
                    (K) a wastewater treatment facility.
            (5) Environmental justice community.--The term 
        ``environmental justice community'' means a community with 
        significant representation of communities of color, low income 
        communities, or Tribal and indigenous communities, that 
        experiences, or is at risk of experiencing, higher or more 
        adverse human health or environmental effects.
            (6) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (7) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 8101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (8) Low income.--The term ``low income'', with respect to a 
        household, means an annual household income equal to, or less 
        than, the greater of--
                    (A) 80 percent of the median income of the area in 
                which the household is located, as reported by the 
                Department of Housing and Urban Development; and
                    (B) 200 percent of the Federal poverty line.
            (9) Low income community.--The term ``low income 
        community'' means a census block group in which not less than 
        30 percent of households are low income.
            (10) Secondary school.--The term ``secondary school'' has 
        the meaning given the term in section 8101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (12) State.--The term ``State'' has the meaning given the 
        term in section 3 of the Energy Policy and Conservation Act (42 
        U.S.C. 6202).
            (13) State energy program.--The term ``State Energy 
        Program'' means the State Energy Program established under part 
        D of title III of the Energy Policy and Conservation Act (42 
        U.S.C. 6321 et seq.).
            (14) Tribal organization.--
                    (A) In general.--The term ``tribal organization'' 
                has the meaning given the term in section 3765 of title 
                38, United States Code.
                    (B) Technical amendment.--Section 3765(4) of title 
                38, United States Code, is amended by striking 
                ``section 4(l) of the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450b(l))'' and 
                inserting ``section 4 of the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 5304)''.
    (b) State Programs.--
            (1) Establishment.--Not later than 60 days after the date 
        of enactment of this Act, the Secretary shall distribute grants 
        to States under the State Energy Program, in accordance with 
        the allocation formula established under that Program, to 
        implement covered projects.
            (2) Use of funds.--
                    (A) In general.--Subject to subparagraph (B), grant 
                funds under paragraph (1) may be used for technical 
                assistance, project facilitation, and administration.
                    (B) Technical assistance.--A State may use not more 
                than 10 percent of grant funds received under paragraph 
                (1) to provide technical assistance for the 
                development, facilitation, management, oversight, and 
                measurement of results of covered projects implemented 
                using those funds.
                    (C) Environmental justice and other communities.--
                To support communities adversely impacted by the COVID-
                19 pandemic, a State shall use not less than 40 percent 
                of grant funds received under paragraph (1) to 
                implement covered projects in environmental justice 
                communities or low income communities.
                    (D) Private financing.--A State receiving a grant 
                under paragraph (1) shall--
                            (i) to the extent practicable, leverage 
                        private financing for cost-effective energy 
                        efficiency, renewable energy, resiliency, and 
                        other smart-building improvements, such as by 
                        entering into an energy service performance 
                        contract; but
                            (ii) maintain the use of grant funds to 
                        carry out covered projects with more project 
                        resiliency, public health, and capital-
                        intensive efficiency and emission reduction 
                        components than are typically available through 
                        private energy service performance contracts.
                    (E) Guidance.--In carrying out a covered project 
                using grant funds received under paragraph (1), a State 
                shall, to the extent practicable, adhere to guidance 
                developed by the Secretary pursuant to the American 
                Recovery and Reinvestment Act of 2009 (Public Law 111-
                5; 123 Stat. 115) relating to distribution of funds, if 
                that guidance will speed the distribution of funds 
                under this subsection.
            (3) No matching requirement.--Notwithstanding any other 
        provision of law, a State receiving a grant under paragraph (1) 
        shall not be required to provide any amount of matching 
        funding.
            (4) Report.--Not later than 1 year after the date on which 
        grants are distributed under paragraph (1), and each year 
        thereafter until the funds appropriated under paragraph (5) are 
        no longer available, the Secretary shall submit a report on the 
        use of those funds (including in the communities described in 
        paragraph (2)(C)) to--
                    (A) the Subcommittee on Energy and Water 
                Development of the Committee on Appropriations of the 
                Senate;
                    (B) the Subcommittee on Energy and Water 
                Development and Related Agencies of the Committee on 
                Appropriations of the House of Representatives;
                    (C) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (D) the Committee on Energy and Commerce of the 
                House of Representatives.
            (5) Funding.--In addition to any amounts made available to 
        the Secretary to carry out the State Energy Program, there is 
        authorized to be appropriated to the Secretary $18,000,000,000 
        to carry out this subsection, to remain available until 
        September 30, 2026.
            (6) Supplement, not supplant.--Funds made available under 
        paragraph (5) shall supplement, not supplant, any other funds 
        made available to States for the State Energy Program or the 
        weatherization assistance program established under part A of 
        title IV of the Energy Conservation and Production Act (42 
        U.S.C. 6861 et seq.).
    (c) Federal Energy Management Program.--
            (1) In general.--Beginning 60 days after the date of 
        enactment of this Act, the Secretary shall use the funds 
        appropriated under paragraph (4) to provide grants under the 
        AFFECT program under the Federal Energy Management Program of 
        the Department of Energy to implement covered projects.
            (2) Private financing.--A recipient of a grant under 
        paragraph (1) shall--
                    (A) to the extent practicable, leverage private 
                financing for cost-effective energy efficiency, 
                renewable energy, resiliency, and other smart-building 
                improvements, such as by entering into an energy 
                service performance contract; but
                    (B) maintain the use of grant funds to carry out 
                covered projects with more project resiliency, public 
                health, and capital-intensive efficiency and emission 
                reduction components than are typically available 
                through private energy service performance contracts.
            (3) Report.--Not later than 1 year after the date on which 
        grants are distributed under paragraph (1), and each year 
        thereafter until the funds appropriated under paragraph (4) are 
        no longer available, the Secretary shall submit a report on the 
        use of those funds to--
                    (A) the Subcommittee on Energy and Water 
                Development of the Committee on Appropriations of the 
                Senate;
                    (B) the Subcommittee on Energy and Water 
                Development and Related Agencies of the Committee on 
                Appropriations of the House of Representatives;
                    (C) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (D) the Committee on Energy and Commerce of the 
                House of Representatives.
            (4) Funding.--In addition to any amounts made available to 
        the Secretary to carry out the AFFECT program described in 
        paragraph (1), there is authorized to be appropriated to the 
        Secretary $500,000,000 to carry out this subsection, to remain 
        available until September 30, 2026.
    (d) Tribal Organizations.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary, acting through the head 
        of the Office of Indian Energy, shall distribute funds made 
        available under paragraph (3) to tribal organizations to 
        implement covered projects.
            (2) Report.--Not later than 1 year after the date on which 
        funds are distributed under paragraph (1), and each year 
        thereafter until the funds made available under paragraph (3) 
        are no longer available, the Secretary shall submit a report on 
        the use of those funds to--
                    (A) the Subcommittee on Energy and Water 
                Development of the Committee on Appropriations of the 
                Senate;
                    (B) the Subcommittee on Energy and Water 
                Development and Related Agencies of the Committee on 
                Appropriations of the House of Representatives;
                    (C) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (D) the Committee on Energy and Commerce of the 
                House of Representatives.
            (3) Funding.--There is authorized to be appropriated to the 
        Secretary $1,500,000,000 to carry out this subsection, to 
        remain available until September 30, 2026.
    (e) Use of American Iron, Steel, and Manufactured Goods.--
            (1) In general.--Except as provided in paragraph (2), none 
        of the funds made available by or pursuant to this section may 
        be used for a covered project unless all of the iron, steel, 
        and manufactured goods used in the project are produced in the 
        United States.
            (2) Exceptions.--The requirement under paragraph (1) shall 
        be waived by the head of the relevant Federal department or 
        agency in any case or category of cases in which the head of 
        the relevant Federal department or agency determines that--
                    (A) adhering to that requirement would be 
                inconsistent with the public interest;
                    (B) the iron, steel, and manufactured goods needed 
                for the project are not produced in the United States--
                            (i) in sufficient and reasonably available 
                        quantities; and
                            (ii) in a satisfactory quality; or
                    (C) the inclusion of iron, steel, and relevant 
                manufactured goods produced in the United States would 
                increase the overall cost of the project by more than 
                25 percent.
            (3) Waiver publication.--If the head of a Federal 
        department or agency makes a determination under paragraph (2) 
        to waive the requirement under paragraph (1), the head of the 
        Federal department or agency shall publish in the Federal 
        Register a detailed justification for the waiver.
            (4) International agreements.--This subsection shall be 
        applied in a manner consistent with the obligations of the 
        United States under all applicable international agreements.
    (f) Wage Rate Requirements.--
            (1) In general.--Notwithstanding any other provision of 
        law, all laborers and mechanics employed by contractors and 
        subcontractors on projects funded directly or assisted in whole 
        or in part by the Federal Government pursuant to this section 
        shall be paid wages at rates not less than those prevailing on 
        projects of a similar character in the locality, as determined 
        by the Secretary of Labor in accordance with subchapter IV of 
        chapter 31 of title 40, United States Code (commonly known as 
        the ``Davis-Bacon Act'').
            (2) Authority.--With respect to the labor standards 
        specified in paragraph (1), the Secretary of Labor shall have 
        the authority and functions set forth in Reorganization Plan 
        Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 
        3145 of title 40, United States Code.

SEC. 3. PERSONNEL.

    (a) In General.--To carry out section 2, the Secretary shall hire 
within the Department of Energy--
            (1) not less than 300 full-time employees in the Office of 
        Energy Efficiency and Renewable Energy;
            (2) not less than 100 full-time employees, to be 
        distributed among--
                    (A) the Office of General Counsel;
                    (B) the Office of Procurement Policy;
                    (C) the Golden Field Office;
                    (D) the National Energy Technology Laboratory; and
                    (E) the Office of the Inspector General; and
            (3) not less than 20 full-time employees in the Office of 
        Indian Energy.
    (b) Timeline.--Not later than 60 days after the date of enactment 
of this Act, the Secretary shall--
            (1) hire all personnel under subsection (a); or
            (2) certify that the Secretary is unable to hire all 
        personnel by the date required under this subsection.
    (c) Contract Hires.--
            (1) In general.--If the Secretary makes a certification 
        under subsection (b)(2), the Secretary may hire on a contract 
        basis not more than 50 percent of the personnel required to be 
        hired under subsection (a).
            (2) Duration.--An individual hired on a contract basis 
        under paragraph (1) shall have an employment term of not more 
        than 1 year.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $84,000,000 for 
each of fiscal years 2022 through 2032.
    (e) Report.--Not later than 60 days after the date of enactment of 
this Act, and annually thereafter for 2 years, the Secretary shall 
submit a report on progress made in carrying out subsection (a) to--
            (1) the Subcommittee on Energy and Water Development of the 
        Committee on Appropriations of the Senate;
            (2) the Subcommittee on Energy and Water Development and 
        Related Agencies of the Committee on Appropriations of the 
        House of Representatives;
            (3) the Committee on Energy and Natural Resources of the 
        Senate; and
            (4) the Committee on Energy and Commerce of the House of 
        Representatives.
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