Title: Energy Infrastructure Act
Policy area: Energy

Summary:
Energy Infrastructure Act
This bill addresses energy infrastructure, clean energy supply chains, carbon capture and storage, ecosystem restoration, and western water infrastructure.
Specifically, the bill establishes new programs or expands existing programs to support energy infrastructure, including (1) the electric grid (e.g., infrastructure to prevent power outages, enhance grid cybersecurity, and integrate renewable energy); (2) nuclear energy (e.g., infrastructure for micro or small modular reactors); (3) hydropower; (4) solar and other clean energy; (5) clean hydrogen; and (6) energy efficiency in buildings.
The bill also establishes programs to support supply chains for clean energy technologies, such as supply chains for rare earth minerals, critical minerals, and batteries for electric vehicles.
In addition, the bill provides for the capture, utilization, storage, and transportation of carbon dioxide.
It also provides for the restoration of ecosystems, including efforts to reduce methane from orphaned well sites on federal land, clean up waste from abandoned coal mines, and reduce the risk of wildfires.
Finally, the bill provides for western water infrastructure, including water storage projects, water recycling and reuse projects, desalination projects, and drought contingency plans.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2377 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 104
117th CONGRESS
  1st Session
                                S. 2377

To invest in the energy and outdoor infrastructure of the United States 
      to deploy new and innovative technologies, update existing 
    infrastructure to be reliable and resilient, and secure energy 
   infrastructure against physical and cyber threats, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2021

   Mr. Manchin, from the Committee on Energy and Natural Resources, 
 reported the following original bill; which was read twice and placed 
                            on the calendar

_______________________________________________________________________

                                 A BILL


 
To invest in the energy and outdoor infrastructure of the United States 
      to deploy new and innovative technologies, update existing 
    infrastructure to be reliable and resilient, and secure energy 
   infrastructure against physical and cyber threats, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Energy 
Infrastructure Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
              TITLE I--GRID INFRASTRUCTURE AND RESILIENCY

       Subtitle A--Grid Infrastructure Resilience and Reliability

Sec. 1001. Preventing outages and enhancing the resilience of the 
                            electric grid.
Sec. 1002. Hazard mitigation using disaster assistance.
Sec. 1003. Electric grid reliability and resilience research, 
                            development, and demonstration.
Sec. 1004. Utility demand response.
Sec. 1005. Siting of interstate electric transmission facilities.
Sec. 1006. Rulemaking to increase the effectiveness of interregional 
                            transmission planning.
Sec. 1007. Transmission facilitation program.
Sec. 1008. Deployment of technologies to enhance grid flexibility.
Sec. 1009. State energy security plans.
Sec. 1010. State energy program.
Sec. 1011. Power marketing administration transmission borrowing 
                            authority.
Sec. 1012. Study of codes and standards for use of energy storage 
                            systems across sectors.
Sec. 1013. Demonstration of electric vehicle battery second-life 
                            applications for grid services.
Sec. 1014. Columbia Basin power management.
                       Subtitle B--Cybersecurity

Sec. 1101. Enhancing grid security through public-private partnerships.
Sec. 1102. Energy Cyber Sense program.
Sec. 1103. Incentives for advanced cybersecurity technology investment.
Sec. 1104. Rural and municipal utility advanced cybersecurity grant and 
                            technical assistance program.
Sec. 1105. Enhanced grid security.
Sec. 1106. Cybersecurity plan.
Sec. 1107. Savings provision.
         TITLE II--SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES

Sec. 2001. Earth Mapping Resources Initiative.
Sec. 2002. National Cooperative Geologic Mapping Program.
Sec. 2003. National Geological and Geophysical Data Preservation 
                            Program.
Sec. 2004. USGS energy and minerals research facility.
Sec. 2005. Rare earth elements demonstration facility.
Sec. 2006. Critical minerals supply chains and reliability.
Sec. 2007. Battery processing and manufacturing.
Sec. 2008. Electric drive vehicle battery recycling and second-life 
                            applications program.
Sec. 2009. Advanced energy manufacturing and recycling grant program.
Sec. 2010. Critical minerals mining and recycling research.
Sec. 2011. 21st Century Energy Workforce Advisory Board.
       TITLE III--FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS

 Subtitle A--Carbon Capture, Utilization, Storage, and Transportation 
                             Infrastructure

Sec. 3001. Findings.
Sec. 3002. Carbon utilization program.
Sec. 3003. Carbon capture technology program.
Sec. 3004. Carbon dioxide transportation infrastructure finance and 
                            innovation.
Sec. 3005. Carbon storage validation and testing.
Sec. 3006. Secure geologic storage permitting.
Sec. 3007. Geologic carbon sequestration on the outer Continental 
                            Shelf.
Sec. 3008. Carbon removal.
             Subtitle B--Hydrogen Research and Development

Sec. 3101. Findings; purpose.
Sec. 3102. Definitions.
Sec. 3103. Clean hydrogen research and development program.
Sec. 3104. Additional clean hydrogen programs.
Sec. 3105. Clean hydrogen production qualifications.
               Subtitle C--Nuclear Energy Infrastructure

Sec. 3201. Infrastructure planning for micro and small modular nuclear 
                            reactors.
Sec. 3202. Property interests relating to certain projects and 
                            protection of information relating to 
                            certain agreements.
Sec. 3203. Civil nuclear credit program.
                         Subtitle D--Hydropower

Sec. 3301. Hydroelectric production incentives.
Sec. 3302. Hydroelectric efficiency improvement incentives.
Sec. 3303. Maintaining and enhancing hydroelectricity incentives.
Sec. 3304. Pumped storage hydropower wind and solar integration and 
                            system reliability initiative.
Sec. 3305. Authority for pumped storage hydropower development using 
                            multiple Bureau of Reclamation reservoirs.
Sec. 3306. Limitations on issuance of certain leases of power 
                            privilege.
                       Subtitle E--Miscellaneous

Sec. 3401. Solar energy technologies on current and former mine land.
Sec. 3402. Clean energy demonstration program on current and former 
                            mine land.
Sec. 3403. Leases, easements, and rights-of-way for energy and related 
                            purposes on the outer Continental Shelf.
TITLE IV--ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA COLLECTION

             Subtitle A--Department of Energy Loan Program

Sec. 4001. Department of Energy loan programs.
             Subtitle B--Energy Information Administration

Sec. 4101. Definitions.
Sec. 4102. Data collection in the electricity sector.
Sec. 4103. Expansion of energy consumption surveys.
Sec. 4104. Data collection on electric vehicle integration with the 
                            electricity grids.
Sec. 4105. Plan for the modeling and forecasting of demand for minerals 
                            used in the energy sector.
Sec. 4106. Expansion of international energy data.
Sec. 4107. Plan for the National Energy Modeling System.
Sec. 4108. Report on costs of carbon abatement in the electricity 
                            sector.
Sec. 4109. Harmonization of efforts and data.
                       Subtitle C--Miscellaneous

Sec. 4201. Consideration of measures to promote greater electrification 
                            of the transportation sector.
Sec. 4202. Office of public participation.
Sec. 4203. Digital climate solutions report.
Sec. 4204. Study and report by the Secretary of Energy on job loss and 
                            impacts on consumer energy costs due to the 
                            revocation of the permit for the Keystone 
                            XL pipeline.
Sec. 4205. Study on impact of electric vehicles.
Sec. 4206. Study on impact of forced labor in China on the electric 
                            vehicle supply chain.
         TITLE V--ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE

        Subtitle A--Residential and Commercial Energy Efficiency

Sec. 5001. Definitions.
Sec. 5002. Energy efficiency revolving loan fund capitalization grant 
                            program.
Sec. 5003. Energy auditor training grant program.
                         Subtitle B--Buildings

Sec. 5101. Cost-effective codes implementation for efficiency and 
                            resilience.
Sec. 5102. Building, training, and assessment centers.
Sec. 5103. Career skills training.
Sec. 5104. Commercial building energy consumption information sharing.
                Subtitle C--Industrial Energy Efficiency

                            PART I--Industry

Sec. 5201. Future of industry program and industrial research and 
                            assessment centers.
Sec. 5202. Sustainable manufacturing initiative.
                      PART II--Smart Manufacturing

Sec. 5211. Definitions.
Sec. 5212. Leveraging existing agency programs to assist small and 
                            medium manufacturers.
Sec. 5213. Leveraging smart manufacturing infrastructure at National 
                            Laboratories.
Sec. 5214. State manufacturing leadership.
Sec. 5215. Report.
                   Subtitle D--Schools and Nonprofits

Sec. 5301. Grants for energy efficiency improvements and renewable 
                            energy improvements at public school 
                            facilities.
Sec. 5302. Energy efficiency materials pilot program.
                       Subtitle E--Miscellaneous

Sec. 5401. Weatherization assistance program.
Sec. 5402. Energy Efficiency and Conservation Block Grant Program.
Sec. 5403. Survey, analysis, and report on employment and demographics 
                            in the energy, energy efficiency, and motor 
                            vehicle sectors of the United States.
Sec. 5404. Assisting Federal Facilities with Energy Conservation 
                            Technologies grant program.
Sec. 5405. Rebates.
Sec. 5406. Model guidance for combined heat and power systems and waste 
                            heat to power systems.
               TITLE VI--METHANE REDUCTION INFRASTRUCTURE

Sec. 6001. Orphaned well site plugging, remediation, and restoration.
               TITLE VII--ABANDONED MINE LAND RECLAMATION

Sec. 7001. Abandoned Mine Reclamation Fund authorization of 
                            appropriations.
Sec. 7002. Abandoned mine reclamation fee.
Sec. 7003. Amounts distributed from Abandoned Mine Reclamation Fund.
Sec. 7004. Abandoned hardrock mine reclamation.
    TITLE VIII--NATURAL RESOURCES-RELATED INFRASTRUCTURE, WILDFIRE 
                 MANAGEMENT, AND ECOSYSTEM RESTORATION

Sec. 8001. Forest Service Legacy Road and Trail Remediation Program.
Sec. 8002. Study and report on feasibility of revegetating reclaimed 
                            mine sites.
Sec. 8003. Wildfire risk reduction.
Sec. 8004. Ecosystem restoration.
Sec. 8005. GAO study.
Sec. 8006. Establishment of fuel breaks in forests and other wildland 
                            vegetation.
Sec. 8007. Emergency actions.
                 TITLE IX--WESTERN WATER INFRASTRUCTURE

Sec. 9001. Authorizations of appropriations.
Sec. 9002. Water storage, groundwater storage, and conveyance projects.
Sec. 9003. Small water storage and groundwater storage projects.
Sec. 9004. Critical maintenance and repair.
Sec. 9005. Competitive grant program for large-scale water recycling 
                            and reuse program.
Sec. 9006. Drought contingency plan funding requirements.
Sec. 9007. Multi-benefit projects to improve watershed health.
Sec. 9008. Eligible desalination projects.
Sec. 9009. Clarification of authority to use coronavirus fiscal 
                            recovery funds to meet a non-Federal 
                            matching requirement for authorized Bureau 
                            of Reclamation water projects.
Sec. 9010. Federal assistance for groundwater recharge, aquifer 
                            storage, and water source substitution 
                            projects.
    TITLE X--AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT OF 2020

Sec. 10001. Energy storage demonstration projects.
Sec. 10002. Advanced reactor demonstration program.
Sec. 10003. Mineral security projects.
Sec. 10004. Carbon capture demonstration and pilot programs.
Sec. 10005. Direct air capture technologies prize competitions.
Sec. 10006. Water power projects.
Sec. 10007. Renewable energy projects.
Sec. 10008. Industrial emissions demonstration projects.
                    TITLE XI--WAGE RATE REQUIREMENTS

Sec. 11001. Wage rate requirements.
                        TITLE XII--MISCELLANEOUS

Sec. 12001. Office of Clean Energy Demonstrations.
Sec. 12002. Extension of Secure Rural Schools and Community Self-
                            Determination Act of 2000.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the 
        Department of Energy.
            (2) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

              TITLE I--GRID INFRASTRUCTURE AND RESILIENCY

       Subtitle A--Grid Infrastructure Resilience and Reliability

SEC. 1001. PREVENTING OUTAGES AND ENHANCING THE RESILIENCE OF THE 
              ELECTRIC GRID.

    (a) Definitions.--In this section:
            (1) Disruptive event.--The term ``disruptive event'' means 
        an event in which operations of the electric grid are 
        disrupted, preventively shut off, or cannot operate safely due 
        to extreme weather, wildfire, or a natural disaster.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) an electric grid operator;
                    (B) an electricity storage operator;
                    (C) an electricity generator;
                    (D) a transmission owner or operator;
                    (E) a distribution provider;
                    (F) a fuel supplier; and
                    (G) any other relevant entity, as determined by the 
                Secretary.
            (3) Natural disaster.--The term ``natural disaster'' has 
        the meaning given the term in section 602(a) of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5195a(a)).
            (4) Power line.--The term ``power line'' includes a 
        transmission line or a distribution line, as applicable.
            (5) Program.--The term ``program'' means the program 
        established under subsection (b).
    (b) Establishment of Program.--Not later than 180 days after the 
date of enactment of this Act, the Secretary shall establish a program 
under which the Secretary shall make grants to eligible entities, 
States, and Indian Tribes in accordance with this section.
    (c) Grants to Eligible Entities.--
            (1) In general.--The Secretary may make a grant under the 
        program to an eligible entity to carry out activities that--
                    (A) are supplemental to existing hardening efforts 
                of the eligible entity planned for any given year; and
                    (B)(i) reduce the risk of any power lines owned or 
                operated by the eligible entity causing a wildfire; or
                    (ii) increase the ability of the eligible entity to 
                reduce the likelihood and consequences of disruptive 
                events.
            (2) Application.--
                    (A) In general.--An eligible entity desiring a 
                grant under the program shall submit to the Secretary 
                an application at such time, in such manner, and 
                containing such information as the Secretary may 
                require.
                    (B) Requirement.--As a condition of receiving a 
                grant under the program, an eligible entity shall 
                submit to the Secretary, as part of the application of 
                the eligible entity submitted under subparagraph (A), a 
                report detailing past, current, and future efforts by 
                the eligible entity to reduce the likelihood and 
                consequences of disruptive events.
            (3) Limitation.--The Secretary may not award a grant to an 
        eligible entity in an amount that is greater than the total 
        amount that the eligible entity has spent in the previous 3 
        years on efforts to reduce the likelihood and consequences of 
        disruptive events.
            (4) Priority.--In making grants to eligible entities under 
        the program, the Secretary shall give priority to projects 
        that, in the determination of the Secretary, will generate the 
        greatest community benefit (whether rural or urban) in reducing 
        the likelihood and consequences of disruptive events.
            (5) Small utilities set aside.--The Secretary shall ensure 
        that not less than 30 percent of the amounts made available to 
        eligible entities under the program are made available to 
        eligible entities that sell not more than 4,000,000 megawatt 
        hours of electricity per year.
    (d) Grants to States and Indian Tribes.--
            (1) In general.--The Secretary, in accordance with this 
        subsection, may make grants under the program to States and 
        Indian Tribes, which each State or Indian Tribe may use to 
        award grants to eligible entities.
            (2) Annual application.--
                    (A) In general.--For each fiscal year, to be 
                eligible to receive a grant under this subsection, a 
                State or Indian Tribe shall submit to the Secretary an 
                application that includes a plan described in 
                subparagraph (B).
                    (B) Plan required.--A plan prepared by a State or 
                Indian Tribe for purposes of an application described 
                in subparagraph (A) shall--
                            (i) describe the criteria and methods that 
                        will be used by the State or Indian Tribe to 
                        award grants to eligible entities;
                            (ii) be adopted after notice and a public 
                        hearing; and
                            (iii) describe the proposed funding 
                        distributions and recipients of the grants to 
                        be provided by the State or Indian Tribe.
            (3) Distribution of funds.--
                    (A) In general.--The Secretary shall provide grants 
                to States and Indian Tribes under this subsection based 
                on a formula determined by the Secretary, in accordance 
                with subparagraph (B).
                    (B) Requirement.--The formula referred to in 
                subparagraph (A) shall be based on the following 
                factors:
                            (i) The total population of the State or 
                        Indian Tribe.
                            (ii)(I) The total area of the State or the 
                        land of the Indian Tribe; or
                            (II) the areas in the State or on the land 
                        of the Indian Tribe with a low ratio of 
                        electricity customers per mileage of power 
                        lines.
                            (iii) The probability of disruptive events 
                        in the State or on the land of the Indian Tribe 
                        during the previous 10 years, as determined 
                        based on the number of federally declared 
                        disasters or emergencies in the State or on the 
                        land of the Indian Tribe, as applicable, 
                        including--
                                    (I) disasters for which Fire 
                                Management Assistance Grants are 
                                provided under section 420 of the 
                                Robert T. Stafford Disaster Relief and 
                                Emergency Assistance Act (42 U.S.C. 
                                5187);
                                    (II) major disasters declared by 
                                the President under section 401 of that 
                                Act (42 U.S.C. 5170);
                                    (III) emergencies declared by the 
                                President under section 501 of that Act 
                                (42 U.S.C. 5191); and
                                    (IV) any other federally declared 
                                disaster or emergency in the State or 
                                on the land of the Indian Tribe.
                            (iv) The number and severity, measured by 
                        population and economic impacts, of disruptive 
                        events experienced by the State or Indian Tribe 
                        on or after January 1, 2011.
                            (v) The total amount, on a per capita 
                        basis, of public and private expenditures 
                        during the previous 10 years to carry out 
                        mitigation efforts to reduce the likelihood and 
                        consequences of disruptive events in the State 
                        or on the land of the Indian Tribe, with States 
                        or Indian Tribes with higher per capita 
                        expenditures receiving additional weight or 
                        consideration as compared to States or Indian 
                        Tribes with lower per capita expenditures.
                    (C) Annual update of data used in distribution of 
                funds.--Beginning 1 year after the date of enactment of 
                this Act, the Secretary shall annually update--
                            (i) all data relating to the factors 
                        described in subparagraph (B); and
                            (ii) all other data used in distributing 
                        grants to States and Indian Tribes under this 
                        subsection.
            (4) Oversight.--The Secretary shall ensure that each grant 
        provided to a State or Indian Tribe under the program is 
        allocated, pursuant to the applicable plan of the State or 
        Indian Tribe, to eligible entities for projects within the 
        State or on the land of the Indian Tribe.
            (5) Priority.--In making grants to eligible entities using 
        funds made available to the applicable State or Indian Tribe 
        under the program, the State or Indian Tribe shall give 
        priority to projects that, in the determination of the State or 
        Indian Tribe, will generate the greatest community benefit 
        (whether rural or urban) in reducing the likelihood and 
        consequences of disruptive events.
            (6) Small utilities set aside.--A State or Indian Tribe 
        receiving a grant under the program shall ensure that, of the 
        amounts made available to eligible entities from funds made 
        available to the State or Indian Tribe under the program, the 
        percentage made available to eligible entities that sell not 
        more than 4,000,000 megawatt hours of electricity per year is 
        not less than the percentage of all customers in the State or 
        Indian Tribe that are served by those eligible entities.
            (7) Technical assistance and administrative expenses.--Of 
        the amounts made available to a State or Indian Tribe under the 
        program each fiscal year, the State or Indian Tribe may use not 
        more than 5 percent for--
                    (A) providing technical assistance under subsection 
                (g)(1)(A); and
                    (B) administrative expenses associated with the 
                program.
            (8) Matching requirement.--Each State and Indian Tribe 
        shall be required to match 15 percent of the amount of each 
        grant provided to the State or Indian Tribe under the program.
    (e) Use of Grants.--
            (1) In general.--A grant awarded to an eligible entity 
        under the program may be used for activities, technologies, 
        equipment, and hardening measures to reduce the likelihood and 
        consequences of disruptive events, including--
                    (A) weatherization technologies and equipment;
                    (B) fire-resistant technologies and fire prevention 
                systems;
                    (C) monitoring and control technologies;
                    (D) the undergrounding of electrical equipment;
                    (E) utility pole management;
                    (F) the relocation of power lines or the 
                reconductoring of power lines with low-sag, advanced 
                conductors;
                    (G) vegetation and fuel-load management;
                    (H) the use or construction of distributed energy 
                resources for enhancing system adaptive capacity during 
                disruptive events, including--
                            (i) microgrids; and
                            (ii) battery-storage subcomponents;
                    (I) adaptive protection technologies;
                    (J) advanced modeling technologies;
                    (K) hardening of power lines, facilities, 
                substations, of other systems; and
                    (L) the replacement of old overhead conductors and 
                underground cables.
            (2) Prohibitions and limitations.--
                    (A) In general.--A grant awarded to an eligible 
                entity under the program may not be used for--
                            (i) construction of a new--
                                    (I) electric generating facility; 
                                or
                                    (II) large-scale battery-storage 
                                facility that is not used for enhancing 
                                system adaptive capacity during 
                                disruptive events; or
                            (ii) cybersecurity.
                    (B) Certain investments eligible for recovery.--
                            (i) In general.--An eligible entity may not 
                        seek cost recovery for the portion of the cost 
                        of any system, technology, or equipment that is 
                        funded through a grant awarded under the 
                        program.
                            (ii) Savings provision.--Nothing in this 
                        subparagraph prohibits an eligible entity from 
                        recovering through traditional or incentive-
                        based ratemaking any portion of an investment 
                        in a system, technology, or equipment that is 
                        not funded by a grant awarded under the 
                        program.
                    (C) Application limitations.--An eligible entity 
                may not submit an application for a grant provided by 
                the Secretary under subsection (c) and a grant provided 
                by a State or Indian Tribe pursuant to subsection (d) 
                during the same application cycle.
    (f) Distribution of Funding.--Of the amounts made available to 
carry out the program for a fiscal year, the Secretary shall ensure 
that--
            (1) 50 percent is used to award grants to eligible entities 
        under subsection (c); and
            (2) 50 percent is used to make grants to States and Indian 
        Tribes under subsection (d).
    (g) Technical and Other Assistance.--
            (1) In general.--The Secretary, States, and Indian Tribes 
        may--
                    (A) provide technical assistance and facilitate the 
                distribution and sharing of information to reduce the 
                likelihood and consequences of disruptive events; and
                    (B) promulgate consumer-facing information and 
                resources to inform the public of best practices and 
                resources relating to reducing the likelihood and 
                consequences of disruptive events.
            (2) Use of funds by the secretary.--Of the amounts made 
        available to the Secretary to carry out the program each fiscal 
        year, the Secretary may use not more than 5 percent for--
                    (A) providing technical assistance under paragraph 
                (1)(A); and
                    (B) administrative expenses associated with the 
                program.
    (h) Matching Requirement.--
            (1) In general.--Except as provided in paragraph (2), an 
        eligible entity that receives a grant under this section shall 
        be required to match 100 percent of the amount of the grant.
            (2) Exception for small utilities.--An eligible entity that 
        sells not more than 4,000,000 megawatt hours of electricity per 
        year shall be required to match \1/3\ of the amount of the 
        grant.
    (i) Biennial Report to Congress.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, and every 2 years thereafter through 
        2026, the Secretary shall submit to the Committee on Energy and 
        Natural Resources of the Senate and the Committee on Energy and 
        Commerce of the House of Representatives a report describing 
        the program.
            (2) Requirements.--The report under paragraph (1) shall 
        include information and data on--
                    (A) the costs of the projects for which grants are 
                awarded to eligible entities;
                    (B) the types of activities, technologies, 
                equipment, and hardening measures funded by those 
                grants; and
                    (C) the extent to which the ability of the power 
                grid to withstand disruptive events has increased.
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out the program $5,000,000,000 
for the period of fiscal years 2022 through 2026.

SEC. 1002. HAZARD MITIGATION USING DISASTER ASSISTANCE.

    Section 404(f)(12) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170c(f)(12)) is amended--
            (1) by inserting ``and wildfire'' after ``windstorm'';
            (2) by striking ``including replacing'' and inserting the 
        following: ``including--
                    ``(A) replacing'';
            (3) in subparagraph (A) (as so designated)--
                    (A) by inserting ``, wildfire,'' after ``extreme 
                wind''; and
                    (B) by adding ``and'' after the semicolon at the 
                end; and
            (4) by adding at the end the following:
                    ``(B) the installation of fire-resistant wires and 
                infrastructure and the undergrounding of wires;''.

SEC. 1003. ELECTRIC GRID RELIABILITY AND RESILIENCE RESEARCH, 
              DEVELOPMENT, AND DEMONSTRATION.

    (a) Definition of Federal Financial Assistance.--In this section, 
the term ``Federal financial assistance'' has the meaning given the 
term in section 200.1 of title 2, Code of Federal Regulations.
    (b) Energy Infrastructure Federal Financial Assistance Program.--
            (1) Definitions.--In this subsection:
                    (A) Eligible entity.--The term ``eligible entity'' 
                means each of--
                            (i) a State;
                            (ii) a combination of 2 or more States;
                            (iii) an Indian Tribe;
                            (iv) a unit of local government; and
                            (v) a public utility commission.
                    (B) Program.--The term ``program'' means the 
                competitive Federal financial assistance program 
                established under paragraph (2).
            (2) Establishment.--Not later than 180 days after the date 
        of enactment of this Act, the Secretary shall establish a 
        program, to be known as the ``Program Upgrading Our Electric 
        Grid and Ensuring Reliability and Resiliency'', to provide, on 
        a competitive basis, Federal financial assistance to eligible 
        entities to carry out the purpose described in paragraph (3).
            (3) Purpose.--The purpose of the program is to coordinate 
        and collaborate with electric sector owners and operators--
                    (A) to demonstrate innovative approaches to 
                transmission, storage, and distribution infrastructure 
                to harden and enhance resilience and reliability; and
                    (B) to demonstrate new approaches to enhance 
                regional grid resilience, implemented through States by 
                public and rural electric cooperative entities on a 
                cost-shared basis.
            (4) Applications.--To be eligible to receive Federal 
        financial assistance under the program, an eligible entity 
        shall submit to the Secretary an application at such time, in 
        such manner, and containing such information as the Secretary 
        may require, including a description of--
                    (A) how the Federal financial assistance would be 
                used;
                    (B) the expected beneficiaries, and
                    (C) in the case of a proposal from an eligible 
                entity described in paragraph (1)(A)(ii), how the 
                proposal would improve regional energy infrastructure.
            (5) Selection.--The Secretary shall select eligible 
        entities to receive Federal financial assistance under the 
        program on a competitive basis.
            (6) Cost share.--Section 988 of the Energy Policy Act of 
        2005 (42 U.S.C. 16352) shall apply to Federal financial 
        assistance provided under the program.
            (7) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this 
        subsection, $5,000,000,000 for the period of fiscal years 2022 
        through 2026.
    (c) Energy Improvement in Rural or Remote Areas.--
            (1) Definition of rural or remote area.--In this 
        subsection, the term ``rural or remote area'' means a city, 
        town, or unincorporated area that has a population of not more 
        than 10,000 inhabitants.
            (2) Required activities.--The Secretary shall carry out 
        activities to improve in rural or remote areas of the United 
        States--
                    (A) the resilience, safety, reliability, and 
                availability of energy; and
                    (B) environmental protection from adverse impacts 
                of energy generation.
            (3) Federal financial assistance.--The Secretary, in 
        consultation with the Secretary of the Interior, may provide 
        Federal financial assistance to rural or remote areas for the 
        purpose of--
                    (A) overall cost-effectiveness of energy 
                generation, transmission, or distribution systems;
                    (B) siting or upgrading transmission and 
                distribution lines;
                    (C) reducing greenhouse gas emissions from energy 
                generation by rural or remote areas;
                    (D) providing or modernizing electric generation 
                facilities;
                    (E) developing microgrids; and
                    (F) increasing energy efficiency.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this 
        subsection, $1,000,000,000 for the period of fiscal years 2022 
        through 2026.
    (d) Energy Infrastructure Resilience Framework.--
            (1) In general.--The Secretary, in collaboration with the 
        Secretary of Homeland Security, the Federal Energy Regulatory 
        Commission, the North American Electric Reliability 
        Corporation, and interested energy infrastructure stakeholders, 
        shall develop common analytical frameworks, tools, metrics, and 
        data to assess the resilience, reliability, safety, and 
        security of energy infrastructure in the United States, 
        including by developing and storing an inventory of easily 
        transported high-voltage recovery transformers and other 
        required equipment.
            (2) Assessment and report.--
                    (A) Assessment.--The Secretary shall carry out an 
                assessment of--
                            (i) with respect to the inventory of high-
                        voltage recovery transformers, new 
                        transformers, and other equipment proposed to 
                        be developed and stored under paragraph (1)--
                                    (I) the policies, technical 
                                specifications, and logistical and 
                                program structures necessary to 
                                mitigate the risks associated with the 
                                loss of high-voltage recovery 
                                transformers;
                                    (II) the technical specifications 
                                for high-voltage recovery transformers;
                                    (III) where inventory of high-
                                voltage recovery transformers should be 
                                stored;
                                    (IV) the quantity of high-voltage 
                                recovery transformers necessary for the 
                                inventory;
                                    (V) how the stored inventory of 
                                high-voltage recovery transformers 
                                would be secured and maintained;
                                    (VI) how the high-voltage recovery 
                                transformers may be transported;
                                    (VII) opportunities for developing 
                                new flexible advanced transformer 
                                designs; and
                                    (VIII) whether new Federal 
                                regulations or cost-sharing 
                                requirements are necessary to carry out 
                                the storage of high-voltage recovery 
                                transformers; and
                            (ii) any efforts carried out by industry as 
                        of the date of the assessment--
                                    (I) to share transformers and 
                                equipment;
                                    (II) to develop plans for next 
                                generation transformers; and
                                    (III) to plan for surge and long-
                                term manufacturing of, and long-term 
                                standardization of, transformer 
                                designs.
                    (B) Protection of information.--Information that is 
                provided to, generated by, or collected by the 
                Secretary under subparagraph (A) shall be considered to 
                be critical electric infrastructure information under 
                section 215A of the Federal Power Act (16 U.S.C. 824o-
                1).
                    (C) Report.--Not later than 180 days after the date 
                of enactment of this Act, the Secretary shall submit to 
                Congress a report describing the results of the 
                assessment carried out under subparagraph (A).

SEC. 1004. UTILITY DEMAND RESPONSE.

    (a) Consideration of Demand-Response Standard.--
            (1) In general.--Section 111(d) of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended 
        by adding at the end the following:
            ``(20) Demand-response practices.--
                    ``(A) In general.--Each electric utility shall 
                promote the use of demand-response and demand 
                flexibility practices by commercial, residential, and 
                industrial consumers to reduce electricity consumption 
                during periods of unusually high demand.
                    ``(B) Rate recovery.--
                            ``(i) In general.--Each State regulatory 
                        authority shall consider establishing rate 
                        mechanisms allowing an electric utility with 
                        respect to which the State regulatory authority 
                        has ratemaking authority to timely recover the 
                        costs of promoting demand-response and demand 
                        flexibility practices in accordance with 
                        subparagraph (A).
                            ``(ii) Nonregulated electric utilities.--A 
                        nonregulated electric utility may establish 
                        rate mechanisms for the timely recovery of the 
                        costs of promoting demand-response and demand 
                        flexibility practices in accordance with 
                        subparagraph (A).''.
            (2) Compliance.--
                    (A) Time limitations.--Section 112(b) of the Public 
                Utility Regulatory Policies Act of 1978 (16 U.S.C. 
                2622(b)) is amended by adding at the end the following:
            ``(7)(A) Not later than 1 year after the date of enactment 
        of this paragraph, each State regulatory authority (with 
        respect to each electric utility for which the State has 
        ratemaking authority) and each nonregulated electric utility 
        shall commence consideration under section 111, or set a 
        hearing date for consideration, with respect to the standard 
        established by paragraph (20) of section 111(d).
            ``(B) Not later than 2 years after the date of enactment of 
        this paragraph, each State regulatory authority (with respect 
        to each electric utility for which the State has ratemaking 
        authority), and each nonregulated electric utility shall 
        complete the consideration and make the determination under 
        section 111 with respect to the standard established by 
        paragraph (20) of section 111(d).''.
                    (B) Failure to comply.--
                            (i) In general.--Section 112(c) of the 
                        Public Utility Regulatory Policies Act of 1978 
                        (16 U.S.C. 2622(c)) is amended--
                                    (I) by striking ``such paragraph 
                                (14)'' and all that follows through 
                                ``paragraphs (16)'' and inserting 
                                ``such paragraph (14). In the case of 
                                the standard established by paragraph 
                                (15) of section 111(d), the reference 
                                contained in this subsection to the 
                                date of enactment of this Act shall be 
                                deemed to be a reference to the date of 
                                enactment of that paragraph (15). In 
                                the case of the standards established 
                                by paragraphs (16)''; and
                                    (II) by adding at the end the 
                                following: ``In the case of the 
                                standard established by paragraph (20) 
                                of section 111(d), the reference 
                                contained in this subsection to the 
                                date of enactment of this Act shall be 
                                deemed to be a reference to the date of 
                                enactment of that paragraph (20).''.
                            (ii) Technical correction.--Paragraph (2) 
                        of section 1254(b) of the Energy Policy Act of 
                        2005 (Public Law 109-58; 119 Stat. 971) is 
                        repealed and the amendment made by that 
                        paragraph (as in effect on the day before the 
                        date of enactment of this Act) is void, and 
                        section 112(d) of the Public Utility Regulatory 
                        Policies Act of 1978 (16 U.S.C. 2622(d)) shall 
                        be in effect as if that amendment had not been 
                        enacted.
                    (C) Prior state actions.--
                            (i) In general.--Section 112 of the Public 
                        Utility Regulatory Policies Act of 1978 (16 
                        U.S.C. 2622) is amended by adding at the end 
                        the following:
    ``(g) Prior State Actions.--Subsections (b) and (c) shall not apply 
to the standard established by paragraph (20) of section 111(d) in the 
case of any electric utility in a State if, before the date of 
enactment of this subsection--
            ``(1) the State has implemented for the electric utility 
        the standard (or a comparable standard);
            ``(2) the State regulatory authority for the State or the 
        relevant nonregulated electric utility has conducted a 
        proceeding to consider implementation of the standard (or a 
        comparable standard) for the electric utility; or
            ``(3) the State legislature has voted on the implementation 
        of the standard (or a comparable standard) for the electric 
        utility.''.
                            (ii) Cross-reference.--Section 124 of the 
                        Public Utility Regulatory Policies Act of 1978 
                        (16 U.S.C. 2634) is amended--
                                    (I) by striking ``this subsection'' 
                                each place it appears and inserting 
                                ``this section''; and
                                    (II) by adding at the end the 
                                following: ``In the case of the 
                                standard established by paragraph (20) 
                                of section 111(d), the reference 
                                contained in this section to the date 
                                of enactment of this Act shall be 
                                deemed to be a reference to the date of 
                                enactment of that paragraph (20).''.
    (b) Optional Features of State Energy Conservation Plans.--Section 
362(d) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is 
amended--
            (1) in paragraph (16), by striking ``and'' at the end;
            (2) by redesignating paragraph (17) as paragraph (18); and
            (3) by inserting after paragraph (16) the following:
            ``(17) programs that promote the installation and use of 
        demand-response technology and demand-response practices; 
        and''.
    (c) Federal Energy Management Program.--Section 543(i) of the 
National Energy Conservation Policy Act (42 U.S.C. 8253(i)) is 
amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) to reduce energy consumption during periods 
                of unusually high electricity or natural gas demand.''; 
                and
            (2) in paragraph (3)(A)--
                    (A) in clause (v), by striking ``and'' at the end;
                    (B) in clause (vi), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(vii) promote the installation of demand-
                        response technology and the use of demand-
                        response practices in Federal buildings.''.
    (d) Components of Zero-Net-Energy Commercial Buildings 
Initiative.--Section 422(d)(3) of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17082(d)) is amended by inserting ``(including 
demand-response technologies, practices, and policies)'' after 
``policies''.

SEC. 1005. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.

    (a) Designation of National Interest Electric Transmission 
Corridors.--Section 216(a) of the Federal Power Act (16 U.S.C. 824p(a)) 
is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``and Indian Tribes'' after 
                ``affected States''; and
                    (B) by inserting ``capacity constraints and'' 
                before ``congestion'';
            (2) in paragraph (2)--
                    (A) by striking ``After'' and inserting ``Not less 
                frequently than once every 3 years, the Secretary, 
                after''; and
                    (B) by striking ``affected States'' and all that 
                follows through the period at the end and inserting the 
                following: ``affected States and Indian Tribes), shall 
                issue a report, based on the study under paragraph (1) 
                or other information relating to electric transmission 
                capacity constraints and congestion, which may 
                designate as a national interest electric transmission 
                corridor any geographic area that--
                            ``(i) is experiencing electric energy 
                        transmission capacity constraints or congestion 
                        that adversely affects consumers; or
                            ``(ii) is expected to experience such 
                        energy transmission capacity constraints or 
                        congestion.'';
            (3) in paragraph (3)--
                    (A) by striking ``The Secretary shall conduct the 
                study and issue the report in consultation'' and 
                inserting ``Not less frequently than once every 3 
                years, the Secretary, in conducting the study under 
                paragraph (1) and issuing the report under paragraph 
                (2), shall consult''; and
            (4) in paragraph (4)--
                    (A) in subparagraph (C), by inserting ``or energy 
                security'' after ``independence'';
                    (B) in subparagraph (D), by striking ``and'' at the 
                end;
                    (C) in subparagraph (E), by striking the period at 
                the end and inserting a semicolon; and
                    (D) by adding at the end the following:
            ``(F) the designation would enhance the ability of 
        facilities that generate or transmit firm or intermittent 
        energy to connect to the electric grid;
            ``(G) the designation--
                    ``(i) maximizes existing rights-of-way; and
                    ``(ii) avoids and minimizes, to the maximum extent 
                practicable, and offsets to the extent appropriate and 
                practicable, sensitive environmental areas and cultural 
                heritage sites; and
            ``(H) the designation would result in a reduction in the 
        cost to purchase electric energy for consumers.''.
    (b) Construction Permit.--Section 216(b) of the Federal Power Act 
(16 U.S.C. 824p(b)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)(ii), by inserting ``or 
                interregional benefits'' after ``interstate benefits''; 
                and
                    (B) by striking subparagraph (C) and inserting the 
                following:
            ``(C) a State commission or other entity that has authority 
        to approve the siting of the facilities--
                    ``(i) has not made a determination on an 
                application seeking approval pursuant to applicable law 
                by the date that is 1 year after the later of--
                            ``(I) the date on which the application was 
                        filed; and
                            ``(II) the date on which the relevant 
                        national interest electric transmission 
                        corridor was designated by the Secretary under 
                        subsection (a);
                    ``(ii) has conditioned its approval in such a 
                manner that the proposed construction or modification 
                will not significantly reduce transmission capacity 
                constraints or congestion in interstate commerce or is 
                not economically feasible; or
                    ``(iii) has denied an application seeking approval 
                pursuant to applicable law;''.
    (c) Rights-of-Way.--Section 216(e)(1) of the Federal Power Act (16 
U.S.C. 824p(e)(1)) is amended by striking ``modify the transmission 
facilities, the'' and inserting ``modify, and operate and maintain, the 
transmission facilities and, in the determination of the Commission, 
the permit holder has made good faith efforts to engage with landowners 
and other stakeholders early in the applicable permitting process, 
the''.
    (d) Interstate Compacts.--Section 216(i) of the Federal Power Act 
(16 U.S.C. 824p(i)) is amended--
            (1) in paragraph (2), by striking ``may'' and inserting 
        ``shall''; and
            (2) in paragraph (4), by striking ``the members'' and all 
        that follows through the period at the end and inserting the 
        following: ``the Secretary determines that the members of the 
        compact are in disagreement after the later of--
                    ``(A) the date that is 1 year after the date on 
                which the relevant application for the facility was 
                filed; and
                    ``(B) the date that is 1 year after the date on 
                which the relevant national interest electric 
                transmission corridor was designated by the Secretary 
                under subsection (a).''.

SEC. 1006. RULEMAKING TO INCREASE THE EFFECTIVENESS OF INTERREGIONAL 
              TRANSMISSION PLANNING.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Federal Energy Regulatory Commission shall 
initiate a rulemaking addressing--
            (1) the effectiveness of existing planning processes for 
        identifying interregional transmission projects that provide 
        economic, reliability and operational benefits, taking into 
        consideration the public interest, the integrity of markets, 
        and the protection of consumers;
            (2) changes to the processes described in paragraph (1) to 
        ensure that efficient, cost-effective, and broadly beneficial 
        interregional transmission solutions are selected for cost 
        allocation, taking into consideration--
                    (A) the public interest;
                    (B) the protection of consumers;
                    (C) the broad range of economic, reliability, and 
                operational benefits that interregional transmission 
                provides;
                    (D) the needs of load-serving entities to satisfy 
                their native load service obligations;
                    (E) the need for single projects to secure 
                approvals based on a comprehensive assessment of the 
                multiple benefits provided;
                    (F) the importance of synchronization of planning 
                processes in neighboring regions, such as using a joint 
                model on a consistent timeline with a single set of 
                needs, input assumptions, and benefit metrics;
                    (G) that evaluation of long-term scenarios should 
                consider the expected life of a transmission asset and 
                the potential for future changes in the topology of the 
                transmission system;
                    (H) that transmission planning authorities should 
                allow for the identification and joint evaluation of 
                alternatives; and
                    (I) that interregional planning should be done 
                regularly and not less frequently than once every 5 
                years; and
            (3) cost allocation methodologies that reflect the multiple 
        benefits provided by interregional transmission solutions, 
        including economic, reliability, and operational benefits.
    (b) Timing.--Not later than 18 months after the date of enactment 
of this Act, the Federal Energy Regulatory Commission shall promulgate 
a final rule to complete the rulemaking initiated under subsection (a).
    (c) Savings Provision.--Nothing in this section modifies the 
obligations of the Commission under section 217(b)(4) of the Federal 
Power Act (16 U.S.C. 824q(b)(4)).

SEC. 1007. TRANSMISSION FACILITATION PROGRAM.

    (a) Definitions.--In this section:
            (1) Capacity contract.--The term ``capacity contract'' 
        means a contract entered into by the Secretary and an eligible 
        entity under subsection (e)(1)(A) for the right to the use of 
        the transmission capacity of an eligible project.
            (2) Eligible electric power transmission line.--The term 
        ``eligible electric power transmission line'' means an electric 
        power transmission line that is capable of transmitting not 
        less than--
                    (A) 1,000 megawatts; or
                    (B) in the case of a project that consists of 
                upgrading an existing transmission line or constructing 
                a new transmission line in an existing transmission, 
                transportation, or telecommunications infrastructure 
                corridor, 500 megawatts.
            (3) Eligible entity.--The term ``eligible entity'' means a 
        non-Federal entity seeking to carry out an eligible project.
            (4) Eligible project.--The term ``eligible project'' means 
        a project (including any related facility)--
                    (A) to construct a new or replace an existing 
                eligible electric power transmission line;
                    (B) to increase the transmission capacity of an 
                existing eligible electric power transmission line; or
                    (C) to connect an isolated microgrid to an existing 
                transmission, transportation, or telecommunications 
                infrastructure corridor located in Alaska, Hawaii, or a 
                territory of the United States.
            (5) Fund.--The term ``Fund'' means the Transmission 
        Facilitation Fund established by subsection (d)(1).
            (6) Program.--The term ``program'' means the Transmission 
        Facilitation Program established by subsection (b).
            (7) Related facility.--
                    (A) In general.--The term ``related facility'' 
                means a facility related to an eligible project 
                described in paragraph (4).
                    (B) Exclusions.--The term ``related facility'' does 
                not include--
                            (i) facilities used primarily to generate 
                        electric energy; or
                            (ii) facilities used in the local 
                        distribution of electric energy.
    (b) Establishment.--There is established a program, to be known as 
the ``Transmission Facilitation Program'', under which the Secretary 
shall facilitate the construction of non-Federal electric power 
transmission lines and related facilities in accordance with subsection 
(e).
    (c) Applications.--
            (1) In general.--To be eligible for assistance under this 
        section, an eligible entity shall submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require.
            (2) Procedures.--The Secretary shall establish procedures 
        for the solicitation and review of applications from eligible 
        entities.
    (d) Funding.--
            (1) Transmission facilitation fund.--There is established 
        in the Treasury a fund, to be known as the ``Transmission 
        Facilitation Fund'', consisting of--
                    (A) all amounts received by the Secretary, 
                including receipts, collections, and recoveries, from 
                any source relating to expenses incurred by the 
                Secretary in carrying out the program, including--
                            (i) costs recovered pursuant to paragraph 
                        (4);
                            (ii) amounts received as repayment of a 
                        loan issued to an eligible entity under 
                        subsection (e)(1)(B); and
                            (iii) amounts contributed by eligible 
                        entities for the purpose of carrying out an 
                        eligible project with respect to which the 
                        Secretary is participating with the eligible 
                        entity under subsection (e)(1)(C);
                    (B) all amounts borrowed from the Secretary of the 
                Treasury by the Secretary for the program under 
                paragraph (2); and
                    (C) any amounts appropriated to the Secretary for 
                the program.
            (2) Borrowing authority.--The Secretary of the Treasury 
        may, without further appropriation and without fiscal year 
        limitation, loan to the Secretary on such terms as may be fixed 
        by the Secretary and the Secretary of the Treasury, such sums 
        as, in the judgment of the Secretary, are from time to time 
        required for the purpose of carrying out the program, not to 
        exceed, in the aggregate (including deferred interest), 
        $2,500,000,000 in outstanding repayable balances at any 1 time.
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out the program, 
        including for any administrative expenses of carrying out the 
        program that are not recovered under paragraph (4), $10,000,000 
        for each of fiscal years 2022 through 2026.
            (4) Cost recovery.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the cost of any facilitation activities carried 
                out by the Secretary under subsection (e)(1) shall be 
                collected--
                            (i) from eligible entities receiving the 
                        benefit of the applicable facilitation 
                        activity, on a schedule to be determined by the 
                        Secretary; or
                            (ii) with respect to a contracted 
                        transmission capacity under subsection 
                        (e)(1)(A) through rates charged for the use of 
                        the contracted transmission capacity.
                    (B) Forgiveness of balances.--
                            (i) Termination or end of useful life.--If, 
                        at the end of the useful life of an eligible 
                        project or the termination of a capacity 
                        contract under subsection (f)(5), there is a 
                        remaining balance owed to the Treasury under 
                        this section, the balance shall be forgiven.
                            (ii) Unconstructed projects.--Funds 
                        expended to study projects that are considered 
                        pursuant to this section but that are not 
                        constructed shall be forgiven.
                    (C) Recovery of costs of eligible projects.--The 
                Secretary may collect the costs of any activities 
                carried out by the Secretary with respect to an 
                eligible project in which the Secretary participates 
                with an eligible entity under subsection (e)(1)(C) 
                through rates charged to customers benefitting from the 
                new transmission capability provided by the eligible 
                project.
    (e) Facilitation of Eligible Projects.--
            (1) In general.--To facilitate eligible projects, the 
        Secretary may--
                    (A) subject to subsections (f) and (i), enter into 
                a capacity contract with respect to an eligible project 
                prior to the date on which the eligible project is 
                completed;
                    (B) subject to subsections (g) and (i), issue a 
                loan to an eligible entity for the costs of carrying 
                out an eligible project; or
                    (C) subject to subsections (h) and (i), participate 
                with an eligible entity in designing, developing, 
                constructing, operating, maintaining, or owning an 
                eligible project.
            (2) Requirement.--The provision and receipt of assistance 
        for an eligible project under paragraph (1) shall be subject to 
        such terms and conditions as the Secretary determines to be 
        appropriate--
                    (A) to ensure the success of the program; and
                    (B) to protect the interests of the United States.
    (f) Capacity Contracts.--
            (1) Purpose.--In entering into capacity contracts under 
        subsection (e)(1)(A), the Secretary shall seek to enter into 
        capacity contracts that will encourage other entities to enter 
        into contracts for the transmission capacity of the eligible 
        project.
            (2) Payment.--The amount paid by the Secretary to an 
        eligible entity under a capacity contract for the right to the 
        use of the transmission capacity of an eligible project shall 
        be--
                    (A) the fair market value for the use of the 
                transmission capacity, as determined by the Secretary, 
                taking into account, as the Secretary determines to be 
                necessary, the comparable value for the use of the 
                transmission capacity of other electric power 
                transmission lines; and
                    (B) on a schedule and in such divided amounts, 
                which may be a single amount, that the Secretary 
                determines are likely to facilitate construction of the 
                eligible project, taking into account standard industry 
                practice and factors specific to each applicant, 
                including, as applicable--
                            (i) potential review by a State regulatory 
                        entity of the revenue requirement of an 
                        electric utility; and
                            (ii) the financial model of an independent 
                        transmission developer.
            (3) Limitations.--A capacity contract shall--
                    (A) be for a term of not more than 40 years; and
                    (B) be for not more than 50 percent of the total 
                proposed transmission capacity of the applicable 
                eligible project.
            (4) Transmission marketing.--
                    (A) In general.--If the Secretary has not 
                terminated a capacity contract under paragraph (5) 
                before the applicable eligible project enters into 
                service, the Secretary may enter into 1 or more 
                contracts with a third party to market the transmission 
                capacity of the eligible project to which the Secretary 
                holds rights under the capacity contract.
                    (B) Return.--The Secretary shall seek to ensure 
                that any contract entered into under subparagraph (A) 
                maximizes the financial return to the Federal 
                Government.
                    (C) Competitive solicitation.--The Secretary shall 
                only select third parties for contracts under this 
                paragraph through a competitive solicitation.
            (5) Termination.--
                    (A) In general.--The Secretary shall seek to 
                terminate a capacity contract as soon as practicable 
                after determining that sufficient transmission capacity 
                of the eligible project has been secured by other 
                entities to ensure the long-term financial viability of 
                the eligible project, including through 1 or more 
                transfers under subparagraph (B).
                    (B) Transfer.--On payment to the Secretary by a 
                third party for transmission capacity to which the 
                Secretary has rights under a capacity contract, the 
                Secretary may transfer the rights to that transmission 
                capacity to that third party.
                    (C) Relinquishment.--On payment to the Secretary by 
                the applicable eligible entity for transmission 
                capacity to which the Secretary has rights under a 
                capacity contract, the Secretary may relinquish the 
                rights to that transmission capacity to the eligible 
                entity.
                    (D) Requirement.--A payment under subparagraph (B) 
                or (C) shall be in an amount sufficient for the 
                Secretary to recover any remaining costs incurred by 
                the Secretary with respect to the quantity of 
                transmission capacity affected by the transfer under 
                subparagraph (B) or the relinquishment under 
                subparagraph (C), as applicable.
            (6) Other federal capacity positions.--The existence of a 
        capacity contract does not preclude a Federal entity, including 
        a Federal power marketing administration, from otherwise 
        securing transmission capacity at any time from an eligible 
        project, to the extent that the Federal entity is authorized to 
        secure that transmission capacity.
            (7) Form of financial assistance.--Entering into a capacity 
        contract under subsection (e)(1)(A) shall be considered a form 
        of financial assistance described in section 1508.1(q)(1)(vii) 
        of title 40, Code of Federal Regulations (as in effect on the 
        date of enactment of this Act).
    (g) Interest Rate on Loans.--The rate of interest to be charged in 
connection with any loan made by the Secretary to an eligible entity 
under subsection (e)(1)(B) shall be fixed by the Secretary, taking into 
consideration market yields on outstanding marketable obligations of 
the United States of comparable maturities as of the date of the loan.
    (h) Public-private Partnerships.--The Secretary may participate 
with an eligible entity with respect to an eligible project under 
subsection (e)(1)(C) if the Secretary determines that the eligible 
project--
            (1)(A) is located in an area designated as a national 
        interest electric transmission corridor pursuant to section 
        216(a) of the Federal Power Act 16 U.S.C. 824p(a); or
            (B) is necessary to accommodate an actual or projected 
        increase in demand for electric transmission capacity across 
        more than 1 State or transmission planning region;
            (2) is consistent with efficient and reliable operation of 
        the transmission grid;
            (3) will be operated in conformance with prudent utility 
        practices;
            (4) will be operated in conformance with the rules of--
                    (A) a Transmission Organization (as defined in 
                section 3 of the Federal Power Act (16 U.S.C. 796)), if 
                applicable; or
                    (B) a regional reliability organization; and
            (5) is not duplicative of the functions of existing 
        transmission facilities that are the subject of ongoing siting 
        and related permitting proceedings.
    (i) Certification.--Prior to taking action to facilitate an 
eligible project under subparagraph (A), (B), or (C) of subsection 
(e)(1), the Secretary shall certify that--
            (1) the eligible project is in the public interest;
            (2) the eligible project is unlikely to be constructed in 
        as timely a manner or with as much transmission capacity in the 
        absence of facilitation under this section, including with 
        respect to an eligible project for which a Federal investment 
        tax credit may be allowed; and
            (3) it is reasonable to expect that the proceeds from the 
        eligible project will be adequate, as applicable--
                    (A) to recover the cost of a capacity contract 
                entered into under subsection (e)(1)(A);
                    (B) to repay a loan provided under subsection 
                (e)(1)(B); or
                    (C) to repay any amounts borrowed from the 
                Secretary of the Treasury under subsection (d)(2).
    (j) Other Authorities, Limitations, and Effects.--
            (1) Participation.--The Secretary may permit other entities 
        to participate in the financing, construction, and ownership of 
        eligible projects facilitated under this section.
            (2) Operations and maintenance.--Facilitation by the 
        Secretary of an eligible project under this section does not 
        create any obligation on the part of the Secretary to operate 
        or maintain the eligible project.
            (3) Federal facilities.--For purposes of cost recovery 
        under subsection (d)(4) and repayment of a loan issued under 
        subsection (e)(1)(B), each eligible project facilitated by the 
        Secretary under this section shall be treated as separate and 
        distinct from--
                    (A) each other eligible project; and
                    (B) all other Federal power and transmission 
                facilities.
            (4) Effect on ancillary services authority and 
        obligations.--Nothing in this section confers on the Secretary 
        or any Federal power marketing administration any additional 
        authority or obligation to provide ancillary services to users 
        of transmission facilities constructed or upgraded under this 
        section.
            (5) Effect on western area power administration projects.--
        Nothing in this section affects--
                    (A) any pending project application before the 
                Western Area Power Administration under section 301 of 
                the Hoover Power Plant Act of 1984 (42 U.S.C. 16421a); 
                or
                    (B) any agreement entered into by the Western Power 
                Administration under that section.
            (6) Third-party finance.--Nothing in this section precludes 
        an eligible project facilitated under this section from being 
        eligible as a project under section 1222 of the Energy Policy 
        Act of 2005 (42 U.S.C. 16421).
            (7) Limitation on loans.--An eligible project may not be 
        the subject of both--
                    (A) a loan under subsection (e)(1)(B); and
                    (B) a Federal loan under section 301 of the Hoover 
                Power Plant Act of 1984 (42 U.S.C. 16421a).
            (8) Considerations.--In evaluating eligible projects for 
        possible facilitation under this section, the Secretary shall 
        prioritize projects that, to the maximum extent practicable--
                    (A) use technology that enhances the capacity, 
                efficiency, resiliency, or reliability of an electric 
                power transmission system, including--
                            (i) reconductoring of an existing electric 
                        power transmission line with advanced 
                        conductors; and
                            (ii) hardware or software that enables 
                        dynamic line ratings, advanced power flow 
                        control, or grid topology optimization;
                    (B) will improve the resiliency and reliability of 
                an electric power transmission system;
                    (C) facilitate interregional transfer capacity that 
                supports strong and equitable economic growth; and
                    (D) contribute to national or subnational goals to 
                lower electricity sector greenhouse gas emissions.

SEC. 1008. DEPLOYMENT OF TECHNOLOGIES TO ENHANCE GRID FLEXIBILITY.

    (a) In General.--Section 1306 of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17386) is amended--
            (1) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``the date of enactment of this Act'' and 
                inserting ``the date of enactment of the Energy 
                Infrastructure Act'';
                    (B) by redesignating paragraph (9) as paragraph 
                (14); and
                    (C) by inserting after paragraph (8) the following:
            ``(9) In the case of data analytics that enable software to 
        engage in Smart Grid functions, the documented purchase costs 
        of the data analytics.
            ``(10) In the case of buildings, the documented expenses 
        for devices and software, including for installation, that 
        allow buildings to engage in demand flexibility or Smart Grid 
        functions.
            ``(11) In the case of utility communications, operational 
        fiber and wireless broadband communications networks to enable 
        data flow between distribution system components.
            ``(12) In the case of advanced transmission technologies 
        such as dynamic line rating, flow control devices, advanced 
        conductors, network topology optimization, or other hardware, 
        software, and associated protocols applied to existing 
        transmission facilities that increase the operational transfer 
        capacity of a transmission network, the documented expenditures 
        to purchase and install those advanced transmission 
        technologies.
            ``(13) In the case of extreme weather or natural disasters, 
        the ability to redirect or shut off power to minimize blackouts 
        and avoid further damage.''; and
            (2) in subsection (d)--
                    (A) by redesignating paragraph (9) as paragraph 
                (16); and
                    (B) by inserting after paragraph (8) the following:
            ``(9) The ability to use data analytics and software-as-
        service to provide flexibility by improving the visibility of 
        the electrical system to grid operators that can help quickly 
        rebalance the electrical system with autonomous controls.
            ``(10) The ability to facilitate the aggregation or 
        integration of distributed energy resources to serve as assets 
        for the grid.
            ``(11) The ability to provide energy storage to meet 
        fluctuating electricity demand, provide voltage support, and 
        integrate intermittent generation sources, including vehicle-
        to-grid technologies.
            ``(12) The ability of hardware, software, and associated 
        protocols applied to existing transmission facilities to 
        increase the operational transfer capacity of a transmission 
        network.
            ``(13) The ability to anticipate and mitigate impacts of 
        extreme weather or natural disasters on grid resiliency.
            ``(14) The ability to facilitate the integration of 
        renewable energy resources, electric vehicle charging 
        infrastructure, and vehicle-to-grid technologies.
            ``(15) The ability to reliably meet increased demand from 
        electric vehicles and the electrification of appliances and 
        other sectors.''.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out the Smart Grid Investment 
Matching Grant Program established under section 1306(a) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17386(a)) 
$3,000,000,000 for fiscal year 2022, to remain available through 
September 30, 2026.

SEC. 1009. STATE ENERGY SECURITY PLANS.

    (a) In General.--Part D of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6321 et seq.) is amended--
            (1) in section 361--
                    (A) by striking the section designation and heading 
                and all that follows through ``The Congress'' and 
                inserting the following:

``SEC. 361. FINDINGS; PURPOSE; DEFINITIONS.

    ``(a) Findings.--Congress'';
                    (B) in subsection (b), by striking ``(b) It is'' 
                and inserting the following:
    ``(b) Purpose.--It is''; and
                    (C) by adding at the end the following:
    ``(c) Definitions.--In this part:'';
            (2) in section 366--
                    (A) in paragraph (3)(B)(i), by striking ``approved 
                under section 367, and'' ; and inserting ``; and'';
                    (B) in each of paragraphs (1) through (8), by 
                inserting a paragraph heading, the text of which is 
                comprised of the term defined in the paragraph; and
                    (C) by redesignating paragraphs (6) and (7) as 
                paragraphs (7) and (6), respectively, and moving the 
                paragraphs so as to appear in numerical order;
            (3) by moving paragraphs (1) through (8) of section 366 (as 
        so redesignated) so as to appear after subsection (c) of 
        section 361 (as designated by paragraph (1)(C)); and
            (4) by amending section 366 to read as follows:

``SEC. 366. STATE ENERGY SECURITY PLANS.

    ``(a) Definitions.--In this section:
            ``(1) Bulk-power system.--The term `bulk-power system' has 
        the meaning given the term in section 215(a) of the Federal 
        Power Act (16 U.S.C. 824o(a)).
            ``(2) State energy security plan.--The term `State energy 
        security plan' means a State energy security plan described in 
        subsection (b).
    ``(b) Financial Assistance for State Energy Security Plans.--
Federal financial assistance made available to a State under this part 
may be used for the development, implementation, review, and revision 
of a State energy security plan that--
            ``(1) assesses the existing circumstances in the State; and
            ``(2) proposes methods to strengthen the ability of the 
        State, in consultation with owners and operators of energy 
        infrastructure in the State--
                    ``(A) to secure the energy infrastructure of the 
                State against all physical and cybersecurity threats;
                    ``(B)(i) to mitigate the risk of energy supply 
                disruptions to the State; and
                    ``(ii) to enhance the response to, and recovery 
                from, energy disruptions; and
                    ``(C) to ensure that the State has reliable, 
                secure, and resilient energy infrastructure.
    ``(c) Contents of Plan.--A State energy security plan shall--
            ``(1) address all energy sources and regulated and 
        unregulated energy providers;
            ``(2) provide a State energy profile, including an 
        assessment of energy production, transmission, distribution, 
        and end-use;
            ``(3) address potential hazards to each energy sector or 
        system, including--
                    ``(A) physical threats and vulnerabilities; and
                    ``(B) cybersecurity threats and vulnerabilities;
            ``(4) provide a risk assessment of energy infrastructure 
        and cross-sector interdependencies;
            ``(5) provide a risk mitigation approach to enhance 
        reliability and end-use resilience; and
            ``(6)(A) address--
                    ``(i) multi-State and regional coordination, 
                planning, and response; and
                    ``(ii) coordination with Indian Tribes with respect 
                to planning and response; and
            ``(B) to the extent practicable, encourage mutual 
        assistance in cyber and physical response plans.
    ``(d) Coordination.--In developing or revising a State energy 
security plan, the State energy office of the State shall coordinate, 
to the extent practicable, with--
            ``(1) the public utility or service commission of the 
        State;
            ``(2) energy providers from the private and public sectors; 
        and
            ``(3) other entities responsible for--
                    ``(A) maintaining fuel or electric reliability; and
                    ``(B) securing energy infrastructure.
    ``(e) Financial Assistance.--A State is not eligible to receive 
Federal financial assistance under this part for any purpose for a 
fiscal year unless the Governor of the State submits to the Secretary, 
with respect to that fiscal year--
            ``(1) a State energy security plan that meets the 
        requirements of subsection (c); or
            ``(2) after an annual review, carried out by the Governor, 
        of a State energy security plan--
                    ``(A) any necessary revisions to the State energy 
                security plan; or
                    ``(B) a certification that no revisions to the 
                State energy security plan are necessary.
    ``(f) Technical Assistance.--On request of the Governor of a State, 
the Secretary, in consultation with the Secretary of Homeland Security, 
may provide information, technical assistance, and other assistance in 
the development, implementation, or revision of a State energy security 
plan.
    ``(g) Requirement.--Each State receiving Federal financial 
assistance under this part shall provide reasonable assurance to the 
Secretary that the State has established policies and procedures 
designed to assure that the financial assistance will be used--
            ``(1) to supplement, and not to supplant, State and local 
        funds; and
            ``(2) to the maximum extent practicable, to increase the 
        amount of State and local funds that otherwise would be 
        available, in the absence of the Federal financial assistance, 
        for the implementation of a State energy security plan.
    ``(h) Protection of Information.--Information provided to, or 
collected by, the Federal Government pursuant to this section the 
disclosure of which the Secretary reasonably foresees could be 
detrimental to the physical security or cybersecurity of any electric 
utility or the bulk-power system--
            ``(1) shall be exempt from disclosure under section 
        552(b)(3) of title 5, United States Code; and
            ``(2) shall not be made available by any Federal agency, 
        State, political subdivision of a State, or Tribal authority 
        pursuant to any Federal, State, political subdivision of a 
        State, or Tribal law, respectively, requiring public disclosure 
        of information or records.
    ``(i) Sunset.--The requirements of this section shall expire on 
October 31, 2025.''.
    (b) Clerical Amendments.--The table of contents of the Energy 
Policy and Conservation Act (Public Law 94-163; 89 Stat. 872) is 
amended--
            (1) by striking the item relating to section 361 and 
        inserting the following:

``Sec. 361. Findings; purpose; definitions.''; and
            (2) by striking the item relating to section 366 and 
        inserting the following:

``Sec. 366. State energy security plans.''.
    (c) Conforming Amendments.--
            (1) Section 509(i)(3) of the Housing and Urban Development 
        Act of 1970 (12 U.S.C. 1701z-8(i)(3)) is amended by striking 
        ``prescribed for such terms in section 366 of the Energy Policy 
        and Conservation Act'' and inserting ``given the terms in 
        section 361(c) of the Energy Policy and Conservation Act''.
            (2) Section 363 of the Energy Policy and Conservation Act 
        (42 U.S.C. 6323) is amended--
                    (A) by striking subsection (e); and
                    (B) by redesignating subsection (f) as subsection 
                (e).
            (3) Section 451(i)(3) of the Energy Conservation and 
        Production Act (42 U.S.C. 6881(i)(3)) is amended by striking 
        ``prescribed for such terms in section 366 of the Federal 
        Energy Policy and Conservation Act'' and inserting ``given the 
        terms in section 361(c) of the Energy Policy and Conservation 
        Act''.

SEC. 1010. STATE ENERGY PROGRAM.

    (a) Collaborative Transmission Siting.--Section 362(c) of the 
Energy Policy and Conservation Act (42 U.S.C. 6322(c)) is amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(7) the mandatory conduct of activities to support 
        transmission and distribution planning, including--
                    ``(A) support for local governments and Indian 
                Tribes;
                    ``(B) feasibility studies for transmission line 
                routes and alternatives;
                    ``(C) preparation of necessary project design and 
                permits; and
                    ``(D) outreach to affected stakeholders.''.
    (b) State Energy Conservation Plans.--Section 362(d) of the Energy 
Policy and Conservation Act (42 U.S.C. 6322(d)) is amended by striking 
paragraph (3) and inserting the following:
            ``(3) programs to increase transportation energy 
        efficiency, including programs to help reduce carbon emissions 
        in the transportation sector by 2050 and accelerate the use of 
        alternative transportation fuels for, and the electrification 
        of, State government vehicles, fleet vehicles, taxis and 
        ridesharing services, mass transit, school buses, ferries, and 
        privately owned passenger and medium- and heavy-duty 
        vehicles;''.
    (c) Authorization of Appropriations for State Energy Program.--
Section 365 of the Energy Policy and Conservation Act (42 U.S.C. 6325) 
is amended by striking subsection (f) and inserting the following:
    ``(f) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this part $500,000,000 for the period of fiscal 
        years 2022 through 2026.
            ``(2) Distribution.--Amounts made available under paragraph 
        (1)--
                    ``(A) shall be distributed to the States in 
                accordance with the applicable distribution formula in 
                effect on January 1, 2021; and
                    ``(B) shall not be subject to the matching 
                requirement described in the first proviso of the 
                matter under the heading `energy conservation' under 
                the heading `DEPARTMENT OF ENERGY' in title II of the 
                Department of the Interior and Related Agencies 
                Appropriations Act, 1985 (42 U.S.C. 6323a).''.

SEC. 1011. POWER MARKETING ADMINISTRATION TRANSMISSION BORROWING 
              AUTHORITY.

    (a) Borrowing Authority.--
            (1) In general.--Subject to paragraph (2), for the purposes 
        of providing funds to assist in the financing of the 
        construction, acquisition, and replacement of the Federal 
        Columbia River Power System and to implement the authority of 
        the Administrator of the Bonneville Power Administration 
        (referred to in this section as the ``Administrator'') under 
        the Pacific Northwest Electric Power Planning and Conservation 
        Act (16 U.S.C. 839 et seq.), an additional $10,000,000,000 in 
        borrowing authority is made available under the Federal 
        Columbia River Transmission System Act (16 U.S.C. 838 et seq.), 
        to remain outstanding at any 1 time.
            (2) Limitation.--The obligation of additional borrowing 
        authority under paragraph (1) shall not exceed $6,000,000,000 
        by fiscal year 2028.
    (b) Financial Plan.--
            (1) In general.--The Administrator shall issue an updated 
        financial plan by the end of fiscal year 2022.
            (2) Requirement.--As part of the process of issuing an 
        updated financial plan under paragraph (1), the Administrator 
        shall--
                    (A) consistent with asset management planning and 
                sound business principles, consider projected and 
                planned use and allocation of the borrowing authority 
                of the Administrator across the mission 
                responsibilities of the Bonneville Power 
                Administration; and
                    (B) before issuing the final updated financial 
                plan--
                            (i) engage, in a manner determined by the 
                        Administrator, with customers with respect to a 
                        draft of the updated plan; and
                            (ii) consider as a relevant factor any 
                        recommendations from customers regarding 
                        prioritization of asset investments.
    (c) Stakeholder Engagement.--The Administrator shall--
            (1) engage, in a manner determined by the Administrator, 
        with customers and stakeholders with respect to the financial 
        and cost management efforts of the Administrator through 
        periodic program reviews; and
            (2) to the maximum extent practicable, implement those 
        policies that would be expected to be consistent with the 
        lowest possible power and transmission rates consistent with 
        sound business principles.
    (d) Repayment.--Any additional Treasury borrowing authority 
received under this section--
            (1) shall be fully repaid to the Treasury in a manner 
        consistent with the applicable self-financed Federal budget 
        accounts; and
            (2) shall not be subject to budget scoring or budget 
        scoring points of order with respect to this Act.

SEC. 1012. STUDY OF CODES AND STANDARDS FOR USE OF ENERGY STORAGE 
              SYSTEMS ACROSS SECTORS.

    (a) In General.--The Secretary shall conduct a study of types and 
commercial applications of codes and standards applied to--
            (1) stationary energy storage systems;
            (2) mobile energy storage systems; and
            (3) energy storage systems that move between stationary and 
        mobile applications, such as electric vehicle batteries or 
        batteries repurposed for new applications.
    (b) Purposes.--The purposes of the study conducted under subsection 
(a) shall be--
            (1) to identify barriers, foster collaboration, and 
        increase conformity across sectors relating to--
                    (A) use of emerging energy storage technologies; 
                and
                    (B) use cases, such as vehicle-to-grid integration;
            (2) to identify all existing codes and standards that apply 
        to energy storage systems;
            (3) to identify codes and standards that require revision 
        or enhancement;
            (4) to enhance the safe implementation of energy storage 
        systems; and
            (5) to receive formal input from stakeholders regarding--
                    (A) existing codes and standards; and
                    (B) new or revised codes and standards.
    (c) Consultation.--In conducting the study under subsection (a), 
the Secretary shall consult with all relevant standards-developing 
organizations and other entities with expertise regarding energy 
storage system safety.
    (d) Report.--Not later than 18 months after the date of enactment 
of this Act, the Secretary shall submit to Congress a report describing 
the results of the study conducted under subsection (a).

SEC. 1013. DEMONSTRATION OF ELECTRIC VEHICLE BATTERY SECOND-LIFE 
              APPLICATIONS FOR GRID SERVICES.

    Section 3201(c) of the Energy Act of 2020 (42 U.S.C. 17232(c)) is 
amended--
            (1) in paragraph (1)--
                    (A) by striking the period at the end and inserting 
                ``; and'';
                    (B) by striking ``including at'' and inserting the 
                following: ``including--
                    ``(A) at''; and
                    (C) by adding at the end the following:
                    ``(B) 1 project to demonstrate second-life 
                applications of electric vehicle batteries as 
                aggregated energy storage installations to provide 
                services to the electric grid, in accordance with 
                paragraph (3).'';
            (2) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (3) by inserting after paragraph (2) the following:
            ``(3) Demonstration of electric vehicle battery second-life 
        applications for grid services.--
                    ``(A) In general.--The Secretary shall enter into 
                an agreement to carry out a project to demonstrate 
                second-life applications of electric vehicle batteries 
                as aggregated energy storage installations to provide 
                services to the electric grid.
                    ``(B) Purposes.--The purposes of the project under 
                subparagraph (A) shall be--
                            ``(i) to demonstrate power safety and the 
                        reliability of the applications demonstrated 
                        under the program;
                            ``(ii) to demonstrate the ability of 
                        electric vehicle batteries--
                                    ``(I) to provide ancillary services 
                                for grid stability and management; and
                                    ``(II) to reduce the peak loads of 
                                homes and businesses;
                            ``(iii) to extend the useful life of 
                        electric vehicle batteries and the components 
                        of electric vehicle batteries prior to the 
                        collection, recycling, and reprocessing of the 
                        batteries and components; and
                            ``(iv) to increase acceptance of, and 
                        participation in, the use of second-life 
                        applications of electric vehicle batteries by 
                        utilities.
                    ``(C) Priority.--In selecting a project to carry 
                out under subparagraph (A), the Secretary shall give 
                priority to projects in which the demonstration of the 
                applicable second-life applications is paired with 1 or 
                more facilities that could particularly benefit from 
                increased resiliency and lower energy costs, such as a 
                multi-family affordable housing facility, a senior care 
                facility, and a community health center.''.

SEC. 1014. COLUMBIA BASIN POWER MANAGEMENT.

    (a) Definitions.--In this section:
            (1) Account.--The term ``Account'' means the account 
        established by subsection (b)(1).
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Bonneville Power Administration.
            (3) Canadian entitlement.--The term ``Canadian 
        Entitlement'' means the downstream power benefits that Canada 
        is entitled to under Article V of the Treaty Relating to 
        Cooperative Development of the Water Resources of the Columbia 
        River Basin, signed at Washington January 17, 1961 (15 UST 
        1555; TIAS 5638).
    (b) Transmission Coordination and Expansion.--
            (1) Establishment.--There is established in the Treasury an 
        account for the purposes of making expenditures to increase 
        bilateral transfers of renewable electric generation between 
        the western United States and Canada.
            (2) Criteria.--The Administrator may make expenditures from 
        the Account for activities to improve electric power system 
        coordination by constructing electric power transmission 
        facilities within the western United States that directly or 
        indirectly facilitate non-carbon emitting electric power 
        transactions between the western United States and Canada.
            (3) Consultation.--The Administrator shall consult with 
        relevant electric utilities in Canada and appropriate regional 
        transmission planning organizations in considering the 
        construction of transmission activities under this subsection.
            (4) Authorization.--There is authorized to be appropriated 
        to the Account an amount equal to the aggregated amount of the 
        Canadian Entitlement during the 5-year period preceding the 
        date of enactment of this Act.
    (c) Increased Hydroelectric Capacity.--
            (1) In general.--The Commissioner of Reclamation shall 
        rehabilitate and enhance the John W. Keys III Pump Generating 
        Plant--
                    (A) to replace obsolete equipment;
                    (B) to maintain reliability and improve efficiency 
                in system performance and operation;
                    (C) to create more hydroelectric power capacity in 
                the Pacific Northwest; and
                    (D) to ensure the availability of water for 
                irrigation in the event that Columbia River water flows 
                from British Columbia into the United States are 
                insufficient after September 16, 2024.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated $100,000,000 to carry out this subsection.
    (d) Power Coordination Study.--
            (1) In general.--The Administrator shall conduct a study 
        considering the potential hydroelectric power value to the 
        Pacific Northwest of increasing the coordination of the 
        operation of hydroelectric and water storage facilities on 
        rivers located in the United States and Canada.
            (2) Criteria.--The study conducted under paragraph (1) 
        shall analyze--
                    (A) projected changes to the Pacific Northwest 
                electricity supply;
                    (B) potential reductions in greenhouse gas 
                emissions;
                    (C) any potential need to increase transmission 
                capacity; and
                    (D) any other factor the Administrator considers to 
                be relevant for increasing bilateral coordination.
            (3) Coordination.--In conducting the study under paragraph 
        (1), the Administrator shall coordinate, to the extent 
        practicable, with--
                    (A) the British Columbia or a crown corporation 
                owned by British Columbia;
                    (B) the Assistant Secretary;
                    (C) the Commissioner of Reclamation; and
                    (D) any public utility districts that operate 
                hydroelectric projects on the mainstem of the Columbia 
                River.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated $10,000,000 to carry out this subsection.

                       Subtitle B--Cybersecurity

SEC. 1101. ENHANCING GRID SECURITY THROUGH PUBLIC-PRIVATE PARTNERSHIPS.

    (a) Definitions.--In this section:
            (1) Bulk-power system; electric reliability organization.--
        The terms ``bulk-power system'' and ``Electric Reliability 
        Organization'' has the meaning given the terms in section 
        215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
            (2) Electric utility; state regulatory authority.--The 
        terms ``electric utility'' and ``State regulatory authority'' 
        have the meanings given the terms in section 3 of the Federal 
        Power Act (16 U.S.C. 796).
    (b) Program to Promote and Advance Physical Security and 
Cybersecurity of Electric Utilities.--
            (1) Establishment.--The Secretary, in consultation with the 
        Secretary of Homeland Security and, as the Secretary determines 
        to be appropriate, the heads of other relevant Federal 
        agencies, State regulatory authorities, industry stakeholders, 
        and the Electric Reliability Organization, shall carry out a 
        program--
                    (A) to develop, and provide for voluntary 
                implementation of, maturity models, self-assessments, 
                and auditing methods for assessing the physical 
                security and cybersecurity of electric utilities;
                    (B) to assist with threat assessment and 
                cybersecurity training for electric utilities;
                    (C) to provide technical assistance for electric 
                utilities subject to the program;
                    (D) to provide training to electric utilities to 
                address and mitigate cybersecurity supply chain 
                management risks;
                    (E) to advance, in partnership with electric 
                utilities, the cybersecurity of third-party vendors 
                that manufacture components of the electric grid;
                    (F) to increase opportunities for sharing best 
                practices and data collection within the electric 
                sector; and
                    (G) to assist, in the case of electric utilities 
                that own defense critical electric infrastructure (as 
                defined in section 215A(a) of the Federal Power Act (16 
                U.S.C. 824o-1(a))), with full engineering reviews of 
                critical functions and operations at both the utility 
                and defense infrastructure levels--
                            (i) to identify unprotected avenues for 
                        cyber-enabled sabotage that would have 
                        catastrophic effects to national security; and
                            (ii) to recommend and implement engineering 
                        protections to ensure continued operations of 
                        identified critical functions even in the face 
                        of constant cyber attacks and achieved 
                        perimeter access by sophisticated adversaries.
            (2) Scope.--In carrying out the program under paragraph 
        (1), the Secretary shall--
                    (A) take into consideration--
                            (i) the different sizes of electric 
                        utilities; and
                            (ii) the regions that electric utilities 
                        serve;
                    (B) prioritize electric utilities with fewer 
                available resources due to size or region; and
                    (C) to the maximum extent practicable, use and 
                leverage--
                            (i) existing Department and Department of 
                        Homeland Security programs; and
                            (ii) existing programs of the Federal 
                        agencies determined to be appropriate under 
                        paragraph (1).
    (c) Report on Cybersecurity of Distribution Systems.--Not later 
than 1 year after the date of enactment of this Act, the Secretary, in 
consultation with the Secretary of Homeland Security and, as the 
Secretary determines to be appropriate, the heads of other Federal 
agencies, State regulatory authorities, and industry stakeholders, 
shall submit to Congress a report that assesses--
            (1) priorities, policies, procedures, and actions for 
        enhancing the physical security and cybersecurity of 
        electricity distribution systems, including behind-the-meter 
        generation, storage, and load management devices, to address 
        threats to, and vulnerabilities of, electricity distribution 
        systems; and
            (2) the implementation of the priorities, policies, 
        procedures, and actions assessed under paragraph (1), 
        including--
                    (A) an estimate of potential costs and benefits of 
                the implementation; and
                    (B) an assessment of any public-private cost-
                sharing opportunities.
    (d) Protection of Information.--Information provided to, or 
collected by, the Federal Government pursuant to this section the 
disclosure of which the Secretary reasonably foresees could be 
detrimental to the physical security or cybersecurity of any electric 
utility or the bulk-power system--
            (1) shall be exempt from disclosure under section 552(b)(3) 
        of title 5, United States Code; and
            (2) shall not be made available by any Federal agency, 
        State, political subdivision of a State, or Tribal authority 
        pursuant to any Federal, State, political subdivision of a 
        State, or Tribal law, respectively, requiring public disclosure 
        of information or records.

SEC. 1102. ENERGY CYBER SENSE PROGRAM.

    (a) Definitions.--In this section:
            (1) Bulk-power system.--The term ``bulk-power system'' has 
        the meaning given the term in section 215(a) of the Federal 
        Power Act (16 U.S.C. 824o(a)).
            (2) Program.--The term ``program'' means the voluntary 
        Energy Cyber Sense program established under subsection (b).
    (b) Establishment.--The Secretary, in consultation with the 
Secretary of Homeland Security and the heads of other relevant Federal 
agencies, shall establish a voluntary Energy Cyber Sense program to 
test the cybersecurity of products and technologies intended for use in 
the energy sector, including in the bulk-power system.
    (c) Program Requirements.--In carrying out subsection (b), the 
Secretary, in consultation with the Secretary of Homeland Security and 
the heads of other relevant Federal agencies, shall--
            (1) establish a testing process under the program to test 
        the cybersecurity of products and technologies intended for use 
        in the energy sector, including products relating to industrial 
        control systems and operational technologies, such as 
        supervisory control and data acquisition systems;
            (2) for products and technologies tested under the program, 
        establish and maintain cybersecurity vulnerability reporting 
        processes and a related database that are integrated with 
        Federal vulnerability coordination processes;
            (3) provide technical assistance to electric utilities, 
        product manufacturers, and other energy sector stakeholders to 
        develop solutions to mitigate identified cybersecurity 
        vulnerabilities in products and technologies tested under the 
        program;
            (4) biennially review products and technologies tested 
        under the program for cybersecurity vulnerabilities and provide 
        analysis with respect to how those products and technologies 
        respond to and mitigate cyber threats;
            (5) develop guidance that is informed by analysis and 
        testing results under the program for electric utilities and 
        other components of the energy sector for the procurement of 
        products and technologies;
            (6) provide reasonable notice to, and solicit comments 
        from, the public prior to establishing or revising the testing 
        process under the program;
            (7) oversee the testing of products and technologies under 
        the program; and
            (8) consider incentives to encourage the use of analysis 
        and results of testing under the program in the design of 
        products and technologies for use in the energy sector.
    (d) Protection of Information.--Information provided to, or 
collected by, the Federal Government pursuant to this section the 
disclosure of which the Secretary reasonably foresees could be 
detrimental to the physical security or cybersecurity of any component 
of the energy sector, including any electric utility or the bulk-power 
system--
            (1) shall be exempt from disclosure under section 552(b)(3) 
        of title 5, United States Code; and
            (2) shall not be made available by any Federal agency, 
        State, political subdivision of a State, or Tribal authority 
        pursuant to any Federal, State, political subdivision of a 
        State, or Tribal law, respectively, requiring public disclosure 
        of information or records.
    (e) Federal Government Liability.--Nothing in this section 
authorizes the commencement of an action against the United States with 
respect to the testing of a product or technology under the program.

SEC. 1103. INCENTIVES FOR ADVANCED CYBERSECURITY TECHNOLOGY INVESTMENT.

    Part II of the Federal Power Act is amended by inserting after 
section 219 (16 U.S.C. 824s) the following:

``SEC. 219A. INCENTIVES FOR CYBERSECURITY INVESTMENTS.

    ``(a) Definitions.--In this section:
            ``(1) Advanced cybersecurity technology.--The term 
        `advanced cybersecurity technology' means any technology, 
        operational capability, or service, including computer 
        hardware, software, or a related asset, that enhances the 
        security posture of public utilities through improvements in 
        the ability to protect against, detect, respond to, or recover 
        from a cybersecurity threat (as defined in section 102 of the 
        Cybersecurity Act of 2015 (6 U.S.C. 1501)).
            ``(2) Advanced cybersecurity technology information.--The 
        term `advanced cybersecurity technology information' means 
        information relating to advanced cybersecurity technology or 
        proposed advanced cybersecurity technology that is generated by 
        or provided to the Commission or another Federal agency.
    ``(b) Study.--Not later than 180 days after the date of enactment 
of this section, the Commission, in consultation with the Secretary of 
Energy, the North American Electric Reliability Corporation, the 
Electricity Subsector Coordinating Council, and the National 
Association of Regulatory Utility Commissioners, shall conduct a study 
to identify incentive-based, including performance-based, rate 
treatments for the transmission and sale of electric energy subject to 
the jurisdiction of the Commission that could be used to encourage--
            ``(1) investment by public utilities in advanced 
        cybersecurity technology; and
            ``(2) participation by public utilities in cybersecurity 
        threat information sharing programs.
    ``(c) Incentive-Based Rate Treatment.--Not later than 1 year after 
the completion of the study under subsection (b), the Commission shall 
establish, by rule, incentive-based, including performance-based, rate 
treatments for the transmission of electric energy in interstate 
commerce and the sale of electric energy at wholesale in interstate 
commerce by public utilities for the purpose of benefitting consumers 
by encouraging--
            ``(1) investments by public utilities in advanced 
        cybersecurity technology; and
            ``(2) participation by public utilities in cybersecurity 
        threat information sharing programs.
    ``(d) Factors for Consideration.--In issuing a rule pursuant to 
this section, the Commission may provide additional incentives beyond 
those identified in subsection (c) in any case in which the Commission 
determines that an investment in advanced cybersecurity technology or 
information sharing program costs will reduce cybersecurity risks to--
            ``(1) defense critical electric infrastructure (as defined 
        in section 215A(a)) and other facilities subject to the 
        jurisdiction of the Commission that are critical to public 
        safety, national defense, or homeland security, as determined 
        by the Commission in consultation with--
                    ``(A) the Secretary of Energy;
                    ``(B) the Secretary of Homeland Security; and
                    ``(C) other appropriate Federal agencies; and
            ``(2) facilities of small or medium-sized public utilities 
        with limited cybersecurity resources, as determined by the 
        Commission.
    ``(e) Ratepayer Protection.--
            ``(1) In general.--Any rate approved under a rule issued 
        pursuant to this section, including any revisions to that rule, 
        shall be subject to the requirements of sections 205 and 206 
        that all rates, charges, terms, and conditions--
                    ``(A) shall be just and reasonable; and
                    ``(B) shall not be unduly discriminatory or 
                preferential.
            ``(2) Prohibition of duplicate recovery.--Any rule issued 
        pursuant to this section shall preclude rate treatments that 
        allow unjust and unreasonable double recovery for advanced 
        cybersecurity technology.
    ``(f) Single-Issue Rate Filings.--The Commission shall permit 
public utilities to apply for incentive-based rate treatment under a 
rule issued under this section on a single-issue basis by submitting to 
the Commission a tariff schedule under section 205 that permits 
recovery of costs and incentives over the depreciable life of the 
applicable assets, without regard to changes in receipts or other costs 
of the public utility.
    ``(g) Protection of Information.--Advanced cybersecurity technology 
information that is provided to, generated by, or collected by the 
Federal Government under subsection (b), (c), or (f) shall be 
considered to be critical electric infrastructure information under 
section 215A.''.

SEC. 1104. RURAL AND MUNICIPAL UTILITY ADVANCED CYBERSECURITY GRANT AND 
              TECHNICAL ASSISTANCE PROGRAM.

    (a) Definitions.--In this section:
            (1) Advanced cybersecurity technology.--The term ``advanced 
        cybersecurity technology'' means any technology, operational 
        capability, or service, including computer hardware, software, 
        or a related asset, that enhances the security posture of 
        electric utilities through improvements in the ability to 
        protect against, detect, respond to, or recover from a 
        cybersecurity threat (as defined in section 102 of the 
        Cybersecurity Act of 2015 (6 U.S.C. 1501)).
            (2) Bulk-power system.--The term ``bulk-power system'' has 
        the meaning given the term in section 215(a) of the Federal 
        Power Act (16 U.S.C. 824o(a)).
            (3) Eligible entity.--The term ``eligible entity'' means--
                    (A) a rural electric cooperative;
                    (B) a utility owned by a political subdivision of a 
                State, such as a municipally owned electric utility;
                    (C) a utility owned by any agency, authority, 
                corporation, or instrumentality of 1 or more political 
                subdivisions of a State;
                    (D) a not-for-profit entity that is in a 
                partnership with not fewer than 6 entities described in 
                subparagraph (A), (B), or (C); and
                    (E) an investor-owned electric utility that sells 
                less than 4,000,000 megawatt hours of electricity per 
                year.
            (4) Program.--The term ``Program'' means the Rural and 
        Municipal Utility Advanced Cybersecurity Grant and Technical 
        Assistance Program established under subsection (b).
    (b) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary, in consultation with the 
Secretary of Homeland Security, the Federal Energy Regulatory 
Commission, the North American Electric Reliability Corporation, and 
the Electricity Subsector Coordinating Council, shall establish a 
program, to be known as the ``Rural and Municipal Utility Advanced 
Cybersecurity Grant and Technical Assistance Program'', to provide 
grants and technical assistance to, and enter into cooperative 
agreements with, eligible entities to protect against, detect, respond 
to, and recover from cybersecurity threats.
    (c) Objectives.--The objectives of the Program shall be--
            (1) to deploy advanced cybersecurity technologies for 
        electric utility systems; and
            (2) to increase the participation of eligible entities in 
        cybersecurity threat information sharing programs.
    (d) Awards.--
            (1) In general.--The Secretary--
                    (A) shall award grants and provide technical 
                assistance under the Program to eligible entities on a 
                competitive basis;
                    (B) shall develop criteria and a formula for 
                awarding grants and providing technical assistance 
                under the Program;
                    (C) may enter into cooperative agreements with 
                eligible entities that can facilitate the objectives 
                described in subsection (c); and
                    (D) shall establish a process to ensure that all 
                eligible entities are informed about and can become 
                aware of opportunities to receive grants or technical 
                assistance under the Program.
            (2) Priority for grants and technical assistance.--In 
        awarding grants and providing technical assistance under the 
        Program, the Secretary shall give priority to an eligible 
        entity that, as determined by the Secretary--
                    (A) has limited cybersecurity resources;
                    (B) owns assets critical to the reliability of the 
                bulk-power system; or
                    (C) owns defense critical electric infrastructure 
                (as defined in section 215A(a) of the Federal Power Act 
                (16 U.S.C. 824o-1(a))).
    (e) Protection of Information.--Information provided to, or 
collected by, the Federal Government pursuant to this section the 
disclosure of which the Secretary reasonably foresees could be 
detrimental to the physical security or cybersecurity of any electric 
utility or the bulk-power system--
            (1) shall be exempt from disclosure under section 552(b)(3) 
        of title 5, United States Code; and
            (2) shall not be made available by any Federal agency, 
        State, political subdivision of a State, or Tribal authority 
        pursuant to any Federal, State, political subdivision of a 
        State, or Tribal law, respectively, requiring public disclosure 
        of information or records.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $250,000,000 
for the period of fiscal years 2022 through 2026.

SEC. 1105. ENHANCED GRID SECURITY.

    (a) Definitions.--In this section:
            (1) Electric utility.--The term ``electric utility'' has 
        the meaning given the term in section 3 of the Federal Power 
        Act (16 U.S.C. 796).
            (2) E-ISAC.--The term ``E-ISAC'' means the Electricity 
        Information Sharing and Analysis Center.
    (b) Cybersecurity for the Energy Sector Research, Development, and 
Demonstration Program.--
            (1) In general.--The Secretary, in consultation with the 
        Secretary of Homeland Security and, as determined appropriate, 
        other Federal agencies, the energy sector, the States, Indian 
        Tribes, Tribal organizations, territories or freely associated 
        states, and other stakeholders, shall develop and carry out a 
        program--
                    (A) to develop advanced cybersecurity applications 
                and technologies for the energy sector--
                            (i) to identify and mitigate 
                        vulnerabilities, including--
                                    (I) dependencies on other critical 
                                infrastructure;
                                    (II) impacts from weather and fuel 
                                supply;
                                    (III) increased dependence on 
                                inverter-based technologies; and
                                    (IV) vulnerabilities from unpatched 
                                hardware and software systems; and
                            (ii) to advance the security of field 
                        devices and third-party control systems, 
                        including--
                                    (I) systems for generation, 
                                transmission, distribution, end use, 
                                and market functions;
                                    (II) specific electric grid 
                                elements including advanced metering, 
                                demand response, distribution, 
                                generation, and electricity storage;
                                    (III) forensic analysis of infected 
                                systems;
                                    (IV) secure communications; and
                                    (V) application of in-line edge 
                                security solutions;
                    (B) to leverage electric grid architecture as a 
                means to assess risks to the energy sector, including 
                by implementing an all-hazards approach to 
                communications infrastructure, control systems 
                architecture, and power systems architecture;
                    (C) to perform pilot demonstration projects with 
                the energy sector to gain experience with new 
                technologies;
                    (D) to develop workforce development curricula for 
                energy sector-related cybersecurity; and
                    (E) to develop improved supply chain concepts for 
                secure design of emerging digital components and power 
                electronics.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this 
        subsection $250,000,000 for the period of fiscal years 2022 
        through 2026.
    (c) Energy Sector Operational Support for Cyberresilience 
Program.--
            (1) In general.--The Secretary may develop and carry out a 
        program--
                    (A) to enhance and periodically test--
                            (i) the emergency response capabilities of 
                        the Department; and
                            (ii) the coordination of the Department 
                        with other agencies, the National Laboratories, 
                        and private industry;
                    (B) to expand cooperation of the Department with 
                the intelligence community for energy sector-related 
                threat collection and analysis;
                    (C) to enhance the tools of the Department and E-
                ISAC for monitoring the status of the energy sector;
                    (D) to expand industry participation in E-ISAC; and
                    (E) to provide technical assistance to small 
                electric utilities for purposes of assessing and 
                improving cybermaturity levels and addressing gaps 
                identified in the assessment.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this 
        subsection $50,000,000 for the period of fiscal years 2022 
        through 2026.
    (d) Modeling and Assessing Energy Infrastructure Risk.--
            (1) In general.--The Secretary, in consultation with the 
        Secretary of Homeland Security, shall develop and carry out an 
        advanced energy security program to secure energy networks, 
        including--
                    (A) electric networks;
                    (B) natural gas networks; and
                    (C) oil exploration, transmission, and delivery 
                networks.
            (2) Security and resiliency objective.--The objective of 
        the program developed under paragraph (1) is to increase the 
        functional preservation of electric grid operations or natural 
        gas and oil operations in the face of natural and human-made 
        threats and hazards, including electric magnetic pulse and 
        geomagnetic disturbances.
            (3) Eligible activities.--In carrying out the program 
        developed under paragraph (1), the Secretary may--
                    (A) develop capabilities to identify 
                vulnerabilities and critical components that pose major 
                risks to grid security if destroyed or impaired;
                    (B) provide modeling at the national level to 
                predict impacts from natural or human-made events;
                    (C) add physical security to the cybersecurity 
                maturity model;
                    (D) conduct exercises and assessments to identify 
                and mitigate vulnerabilities to the electric grid, 
                including providing mitigation recommendations;
                    (E) conduct research on hardening solutions for 
                critical components of the electric grid;
                    (F) conduct research on mitigation and recovery 
                solutions for critical components of the electric grid; 
                and
                    (G) provide technical assistance to States and 
                other entities for standards and risk analysis.
            (4) Savings provision.--Nothing in this section authorizes 
        new regulatory requirements.
            (5) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this 
        subsection $50,000,000 for the period of fiscal years 2022 
        through 2026.

SEC. 1106. CYBERSECURITY PLAN.

    (a) In General.--The Secretary may require, as the Secretary 
determines appropriate, a recipient of any award or other funding under 
this Act--
            (1) to submit to the Secretary, prior to the issuance of 
        the award or other funding, a cybersecurity plan that 
        demonstrates the cybersecurity maturity of the recipient in the 
        context of the project for which that award or other funding 
        was provided; and
            (2) establish a plan for maintaining and improving 
        cybersecurity throughout the life of the proposed solution of 
        the project.
    (b) Contents of Cybersecurity Plan.--A cybersecurity plan described 
in subsection (a) shall, at a minimum, describe how the recipient 
described in that subsection--
            (1) plans to maintain cybersecurity between networks, 
        systems, devices, applications, or components--
                    (A) within the proposed solution of the project; 
                and
                    (B) at the necessary external interfaces at the 
                proposed solution boundaries;
            (2) will perform ongoing evaluation of cybersecurity risks 
        to address issues as the issues arise throughout the life of 
        the proposed solution;
            (3) will report known or suspected network or system 
        compromises of the project to the Secretary; and
            (4) will leverage applicable cybersecurity programs of the 
        Department, including cyber vulnerability testing and security 
        engineering evaluations.
    (c) Additional Guidance.--Each recipient described in subsection 
(a) should--
            (1) maximize the use of open guidance and standards, 
        including, wherever possible--
                    (A) the Cybersecurity Capability Maturity Model of 
                the Department (or a successor model); and
                    (B) the Framework for Improving Critical 
                Infrastructure Cybersecurity of the National Institute 
                of Standards and Technology; and
            (2) document --
                    (A) any deviation from open standards; and
                    (B) the utilization of proprietary standards where 
                the recipient determines that such deviation necessary.
    (d) Coordination.--The Office of Cybersecurity, Energy Security, 
and Emergency Response of the Department shall review each 
cybersecurity plan submitted under subsection (a) to ensure integration 
with Department research, development, and demonstration programs.
    (e) Protection of Information.--Information provided to, or 
collected by, the Federal Government pursuant to this section the 
disclosure of which the Secretary reasonably foresees could be 
detrimental to the physical security or cybersecurity of any electric 
utility or the bulk-power system--
            (1) shall be exempt from disclosure under section 552(b)(3) 
        of title 5, United States Code; and
            (2) shall not be made available by any Federal agency, 
        State, political subdivision of a State, or Tribal authority 
        pursuant to any Federal, State, political subdivision of a 
        State, or Tribal law, respectively, requiring public disclosure 
        of information or records.

SEC. 1107. SAVINGS PROVISION.

    Nothing in this subtitle affects the authority, existing on the day 
before the date of enactment of this Act, of any other Federal 
department or agency, including the authority provided to the Secretary 
of Homeland Security and the Director of the Cybersecurity and 
Infrastructure Security Agency in title XXII of the Homeland Security 
Act of 2002 (6 U.S.C. 651 et seq.).

         TITLE II--SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES

SEC. 2001. EARTH MAPPING RESOURCES INITIATIVE.

    (a) Definition of Critical Mineral.--In this section, 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)).
    (b) Establishment.--There is established within the United States 
Geological Survey an initiative, to be known as the ``Earth Mapping 
Resources Initiative'' (referred to in this section as the 
``Initiative'').
    (c) Purpose.--The purpose of the Initiative shall be to accelerate 
efforts to carry out the fundamental resources and mapping mission of 
the United States Geological Survey by--
            (1) providing integrated topographic, geologic, 
        geochemical, and geophysical mapping;
            (2) accelerating the integration and consolidation of 
        geospatial and resource data; and
            (3) providing interpretation of subsurface and above-ground 
        mineral resources data.
    (d) Cooperative Agreements.--
            (1) In general.--In carrying out the Initiative, the 
        Director of the United States Geological Survey may enter into 
        cooperative agreements with State geological surveys.
            (2) Effect.--Nothing in paragraph (1) precludes the 
        Director of the United States Geological Survey from using 
        existing contracting authorities in carrying out the 
        Initiative.
    (e) Comprehensive Mapping Modernization.--
            (1) In general.--Not later than 10 years after the date of 
        enactment of this Act, the Initiative shall complete an initial 
        comprehensive national modern surface and subsurface mapping 
        and data integration effort.
            (2) Approach.--In carrying out paragraph (1) with regard to 
        minerals, mineralization, and mineral deposits, the Initiative 
        shall focus on the full range of minerals, using a whole ore 
        body approach rather than a single commodity approach, to 
        emphasize all of the recoverable critical minerals in a given 
        surface or subsurface deposit.
            (3) Priority.--In carrying out paragraph (1) with regard to 
        minerals, mineralization, and mineral deposits, the Initiative 
        shall prioritize mapping and assessing critical minerals.
            (4) Inclusions.--In carrying out paragraph (1), the 
        Initiative shall also--
                    (A) map and collect data for areas containing mine 
                waste to increase understanding of above-ground 
                critical mineral resources in previously disturbed 
                areas; and
                    (B) provide for analysis of samples, including 
                samples within the National Geological and Geophysical 
                Data Preservation Program established under section 
                351(b) of the Energy Policy Act of 2005 (42 U.S.C. 
                15908(b)) for the occurrence of critical minerals.
    (f) Availability.--The Initiative shall make the geospatial data 
and metadata gathered by the Initiative under subsection (e)(1) 
electronically publicly accessible on an ongoing basis.
    (g) Integration of Data Sources.--The Initiative shall integrate 
data sources, including data from--
            (1) the National Cooperative Geologic Mapping Program 
        established by section 4(a)(1) of the National Geologic Mapping 
        Act of 1992 (43 U.S.C. 31c(a)(1));
            (2) the National Geological and Geophysical Data 
        Preservation Program established under section 351(b) of the 
        Energy Policy Act of 2005 (42 U.S.C. 15908(b));
            (3) the USMIN Mineral Deposit Database of the United States 
        Geological Survey;
            (4) the 3D Elevation Program established under section 5(a) 
        of the National Landslide Preparedness Act (43 U.S.C. 3104(a)); 
        and
            (5) other relevant sources, including sources providing 
        geothermal resources data.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $320,000,000 
for the period of fiscal years 2022 through 2026, to remain available 
until expended.

SEC. 2002. NATIONAL COOPERATIVE GEOLOGIC MAPPING PROGRAM.

    (a) In General.--Section 4(d) of the National Geologic Mapping Act 
of 1992 (43 U.S.C. 31c(d)) is amended by adding at the end the 
following:
            ``(4) Abandoned mine land and mine waste component.--
                    ``(A) In general.--The geologic mapping program 
                shall include an abandoned mine land and mine waste 
                geologic mapping component, the objective of which 
                shall be to establish the geologic framework of 
                abandoned mine land and other land containing mine 
                waste.
                    ``(B) Mapping priorities.--For the component 
                described in subparagraph (A), the priority shall be 
                mapping abandoned mine land and other land containing 
                mine waste where multiple critical mineral (as defined 
                in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 
                1606(a))) and metal commodities are anticipated to be 
                present, rather than single mineral resources.''.
    (b) Authorization of Appropriations.--Section 9(a) of the National 
Geologic Mapping Act of 1992 (43 U.S.C. 31h(a)) is amended by striking 
``2023'' and inserting ``2031''.

SEC. 2003. NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA PRESERVATION 
              PROGRAM.

    Section 351(b) of the Energy Policy Act of 2005 (42 U.S.C. 
15908(b)) is amended--
            (1) in paragraph (2), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) to provide for preservation of samples to track 
        geochemical signatures from critical mineral (as defined in 
        section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a))) 
        ore bodies for use in provenance tracking frameworks.''.

SEC. 2004. USGS ENERGY AND MINERALS RESEARCH FACILITY.

    (a) Establishment.--The Director of the United States Geological 
Survey (referred to in this section as the ``Director''), shall fund, 
through a cooperative agreement with an academic partner, the design, 
construction, and tenant build-out of a facility to support energy and 
minerals research and appurtenant associated structures.
    (b) Ownership.--The United States Geological Survey shall retain 
ownership of the facility and associated structures described in 
subsection (a).
    (c) Agreements.--The Director may enter into agreements with, and 
to collect and expend funds or in-kind contributions from, academic, 
Federal, State, or other tenants over the life of the facility 
described in subsection (a) for the purposes of--
            (1) facility planning;
            (2) design;
            (3) maintenance;
            (4) operation; or
            (5) facility improvements.
    (d) Leases.--The Director may enter into a lease or other agreement 
with the academic partner with which the Director has entered into a 
cooperative agreement under subsection (a), at no cost to the Federal 
Government, to obtain land on which to construct the facility described 
in that subsection for a term of not less than 99 years.
    (e) Reports.--The Director shall submit to Congress annual reports 
on--
            (1) the facility described in subsection (a); and
            (2) the authorities used under this section.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of the Interior to carry out this section 
$167,000,000 for fiscal year 2022, to remain available until expended.

SEC. 2005. RARE EARTH ELEMENTS DEMONSTRATION FACILITY.

    Section 7001 of the Energy Act of 2020 (42 U.S.C. 13344) is 
amended--
            (1) in subsection (b), by inserting ``and annually 
        thereafter while the facility established under subsection (c) 
        remains in operation,'' after ``enactment of this Act,'';
            (2) by redesignating subsection (c) as subsection (d); and
            (3) by inserting after subsection (b) the following:
    ``(c) Rare Earth Demonstration Facility.--
            ``(1) Establishment.--In coordination with the research 
        program under subsection (a)(1)(A), the Secretary shall fund, 
        through an agreement with an academic partner, the design, 
        construction, and build-out of a facility to demonstrate the 
        commercial feasibility of a full-scale integrated rare earth 
        element extraction and separation facility and refinery.
            ``(2) Facility activities.--The facility established under 
        paragraph (1) shall--
                    ``(A) provide environmental benefits through use of 
                feedstock derived from acid mine drainage, mine waste, 
                or other deleterious material;
                    ``(B) separate mixed rare earth oxides into pure 
                oxides of each rare earth element;
                    ``(C) refine rare earth oxides into rare earth 
                metals; and
                    ``(D) provide for separation of rare earth oxides 
                and refining into rare earth metals at a single site.
            ``(3) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this 
        subsection $140,000,000 for fiscal year 2022, to remain 
        available until expended.''.

SEC. 2006. CRITICAL MINERALS SUPPLY CHAINS AND RELIABILITY.

    (a) Definition of Critical Mineral.--In this section, 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)).
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) critical minerals are fundamental to the economy, 
        competitiveness, and security of the United States;
            (2) many critical minerals are only economic to recover 
        when combined with the production of a host mineral;
            (3) to the maximum extent practicable, the critical mineral 
        needs of the United States should be satisfied by minerals 
        responsibly produced and recycled in the United States; and
            (4) the Federal permitting process has been identified as 
        an impediment to mineral production and the mineral security of 
        the United States.
    (c) Federal Permitting and Review Performance Improvements.--To 
improve the quality and timeliness of Federal permitting and review 
processes with respect to critical mineral production on Federal land, 
the Secretary of the Interior, acting through the Director of the 
Bureau of Land Management, and the Secretary of Agriculture, acting 
through the Chief of the Forest Service (referred to in this section as 
the ``Secretaries''), to the maximum extent practicable, shall complete 
the Federal permitting and review processes with maximum efficiency and 
effectiveness, while supporting vital economic growth, by--
            (1) establishing and adhering to timelines and schedules 
        for the consideration of, and final decisions regarding, 
        applications, operating plans, leases, licenses, permits, and 
        other use authorizations for critical mineral-related 
        activities on Federal land;
            (2) establishing clear, quantifiable, and temporal 
        permitting performance goals and tracking progress against 
        those goals;
            (3) engaging in early collaboration among agencies, project 
        sponsors, and affected stakeholders--
                    (A) to incorporate and address the interests of 
                those parties; and
                    (B) to minimize delays;
            (4) ensuring transparency and accountability by using cost-
        effective information technology to collect and disseminate 
        information regarding individual projects and agency 
        performance;
            (5) engaging in early and active consultation with State, 
        local, and Tribal governments--
                    (A) to avoid conflicts or duplication of effort;
                    (B) to resolve concerns; and
                    (C) to allow for concurrent, rather than 
                sequential, reviews;
            (6) providing demonstrable improvements in the performance 
        of Federal permitting and review processes, including lower 
        costs and more timely decisions;
            (7) expanding and institutionalizing Federal permitting and 
        review process improvements that have proven effective;
            (8) developing mechanisms to better communicate priorities 
        and resolve disputes among agencies at the national, regional, 
        State, and local levels; and
            (9) developing other practices, such as preapplication 
        procedures.
    (d) Review and Report.--Not later than 1 year after the date of 
enactment of this Act, the Secretaries shall submit to Congress a 
report that--
            (1) identifies additional measures, including regulatory 
        and legislative proposals, if appropriate, that would increase 
        the timeliness of permitting activities for the exploration and 
        development of domestic critical minerals;
            (2) identifies options, including cost recovery paid by 
        permit applicants, for ensuring adequate staffing and training 
        of Federal entities and personnel responsible for the 
        consideration of applications, operating plans, leases, 
        licenses, permits, and other use authorizations for critical 
        mineral-related activities on Federal land;
            (3) quantifies the period of time typically required to 
        complete each step associated with the development and 
        processing of applications, operating plans, leases, licenses, 
        permits, and other use authorizations for critical mineral-
        related activities on Federal land, including by--
                    (A) calculating the range, the mean, the median, 
                the variance, and other statistical measures or 
                representations of the period of time; and
                    (B) taking into account other aspects that affect 
                the period of time that are outside the control of the 
                Executive branch, such as judicial review, applicant 
                decisions, or State and local government involvement; 
                and
            (4) describes actions carried out pursuant to subsection 
        (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 
evaluating 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.
    (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 subsection (e), and annually thereafter, the Secretaries 
shall submit to Congress a report that--
            (1) summarizes the implementation of recommendations, 
        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 developed 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 criteria relevant to the 
        globally competitive critical minerals 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 Budget in accordance with section 1122 of title 31, United States 
Code.

SEC. 2007. 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, including electric vehicles and the 
        electric grid.
            (2) Advanced battery component.--
                    (A) In general.--The term ``advanced battery 
                component'' means a component of an advanced battery.
                    (B) Inclusions.--The term ``advanced battery 
                component'' includes materials, enhancements, 
                enclosures, anodes, cathodes, electrolytes, cells, and 
                other associated technologies that comprise 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 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)).
            (5) Foreign entity of concern.--The term ``foreign entity 
        of concern'' means a foreign entity that is--
                    (A) designated as a foreign terrorist organization 
                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 designated 
                nationals and blocked persons maintained 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 defined 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 ``Economic 
                        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 Economic 
                        Powers Act (50 U.S.C. 1701 et seq.); or
                    (E) determined by the Secretary, in consultation 
                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 ``manufacturing'', with 
        respect to an advanced battery and an advanced battery 
        component, means the industrial 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 materials, including 
        the treating, baking, and coating processes used to convert raw 
        products into constituent materials employed directly in 
        advanced battery manufacturing.
            (8) Recycling.--The term ``recycling'' means the recovery 
        of materials from advanced batteries to be reused in similar 
        applications, including the extracting, processing, and 
        recoating of battery materials 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 program, to be known as the ``Battery 
        Material Processing 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 supply the 
                North American battery supply chain;
                    (B) to expand the capabilities of the United States 
                in advanced battery manufacturing;
                    (C) to enhance national security by reducing the 
                reliance of the United States on foreign competitors 
                for critical materials and technologies; and
                    (D) to enhance the domestic processing capacity of 
                minerals necessary for battery materials and advanced 
                batteries.
            (3) Grants.--
                    (A) In general.--Under the program, the Secretary 
                shall award grants to eligible entities--
                            (i) to carry out 1 or more demonstration 
                        projects in the United States for the 
                        processing of battery materials;
                            (ii) to construct 1 or more new commercial-
                        scale battery material processing facilities in 
                        the United States; and
                            (iii) to retool, retrofit, or expand 1 or 
                        more existing battery material processing 
                        facilities located in the United States and 
                        determined qualified by the Secretary.
                    (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 awarding 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 content;
                                    (IV) represents consortia or 
                                industry partnerships; and
                                    (V) will not use battery material 
                                supplied by or originating from a 
                                foreign entity of concern; and
                            (ii) take into consideration whether a 
                        project--
                                    (I) provides workforce 
                                opportunities in low- and moderate-
                                income communities;
                                    (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 
                                        emissions reductions and energy 
                                        efficient battery material 
                                        processing opportunities 
                                        throughout the manufacturing 
                                        process; and
                                            (bb) supply chain 
                                        logistics.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out the program 
        $3,000,000,000 for the period of fiscal years 2022 through 
        2026, to remain 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 recycling 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 entities--
                            (i) to carry out 1 or more demonstration 
                        projects for advanced battery component 
                        manufacturing, advanced battery manufacturing, 
                        and recycling;
                            (ii) to construct 1 or more new commercial-
                        scale advanced battery component manufacturing, 
                        advanced battery manufacturing, 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 component 
                        manufacturing, advanced battery manufacturing, 
                        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 awarding 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 content;
                                    (IV) represents consortia or 
                                industry 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 
                                originating from a foreign entity of 
                                concern; 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 
                                opportunities in low- and moderate-
                                income or rural communities;
                                    (II) provides workforce 
                                opportunities in communities that have 
                                lost jobs due to the displacements of 
                                fossil energy 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 
                                        emissions reductions and energy 
                                        efficient battery material 
                                        processing opportunities 
                                        throughout the manufacturing 
                                        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 Secretary to carry out the program 
        $3,000,000,000 for the period of fiscal years 2022 through 
        2026, to remain available until expended.
    (d) Reporting Requirements.--Not later than 1 year after the date 
of enactment of this Act, and annually 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 description 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 determines 
        necessary.
    (e) Lithium-Ion Battery Recycling Prize Competition.--
            (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 Innovation 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.
                    (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 ``Administrator'' 
                means the Administrator of the Environmental 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 ``battery 
                producer'' means, with respect to a covered battery or 
                covered battery-containing product that is sold, 
                offered for sale, or distributed for sale in the United 
                States, including through retail, wholesale, business-
                to-business, and online sale, the following applicable 
                entity:
                            (i) A person who--
                                    (I) manufactures the covered 
                                battery or covered battery-containing 
                                product; and
                                    (II) sells or offers for sale the 
                                covered battery or covered battery-
                                containing 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-containing 
                        product is sold, offered for sale, or 
                        distributed, regardless of whether the 
                        trademark 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 product, 
                        a person that imports the covered battery or 
                        covered battery-containing product into the 
                        United States for sale or distribution.
                    (D) Covered battery.--The term ``covered battery'' 
                means a new or unused primary battery or rechargeable 
                battery.
                    (E) Covered battery-containing product.--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 section 
                7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).
                    (G) Primary battery.--The term ``primary battery'' 
                means a nonrechargeable battery that weighs not more 
                than 4.4 pounds, including an alkaline, carbon-zinc, 
                and lithium metal battery.
                    (H) Rechargeable battery.--
                            (i) In general.--The term ``rechargeable 
                        battery'' means a battery that--
                                    (I) contains 1 or more voltaic or 
                                galvanic cells that are electrically 
                                connected 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 ``rechargeable 
                        battery'' does not include a battery 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 commodities, 
                        and consumed as raw-material feedstock, in lieu 
                        of virgin materials, in the manufacturing of 
                        new products;
                            (ii) that may include collection, 
                        processing, and brokering; and
                            (iii) that result in subsequent consumption 
                        by a materials manufacturer, including for the 
                        manufacturing of new products.
            (2) Battery recycling research, development, and 
        demonstration grants.--
                    (A) In general.--The Secretary, in coordination 
                with the Administrator, shall award multiyear grants to 
                eligible entities for research, development, and 
                demonstration projects to create innovative and 
                practical approaches to increase the reuse and 
                recycling of batteries, including by addressing--
                            (i) recycling activities;
                            (ii) the development of methods to promote 
                        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 
                        acceptance of, and participation in, the 
                        recycling of batteries;
                            (iv) the extraction or recovery of critical 
                        minerals from batteries that are recycled;
                            (v) the integration of increased quantities 
                        of recycled critical minerals in batteries and 
                        other products to develop markets for recycled 
                        battery materials and critical minerals;
                            (vi) safe disposal of waste materials and 
                        components recovered during the recycling 
                        process;
                            (vii) the protection of the health and 
                        safety of all persons involved in, or in 
                        proximity to, recycling and reprocessing 
                        activities, including communities located near 
                        recycling and materials reprocessing 
                        facilities;
                            (viii) mitigation of environmental impacts 
                        that arise from recycling batteries, including 
                        disposal of toxic reagents and byproducts 
                        related to recycling processes;
                            (ix) protection of data privacy associated 
                        with collected covered battery-containing 
                        products;
                            (x) the optimization of the value of 
                        material derived from recycling batteries; and
                            (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 entity;
                            (ix) an entity operating 1 or more battery 
                        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 entities 
                        described in clauses (i) through (xii).
                    (C) Applications.--
                            (i) In general.--To be eligible to receive 
                        a grant under subparagraph (A), an eligible 
                        entity described in subparagraph (B) shall 
                        submit to the Secretary an application at such 
                        time, in such manner, and containing such 
                        information as the Secretary may require.
                            (ii) Contents.--An application submitted 
                        under clause (i) shall describe how the project 
                        will promote collaboration among--
                                    (I) battery producers and 
                                manufacturers;
                                    (II) battery material and equipment 
                                manufacturers;
                                    (III) battery recyclers, 
                                collectors, and refiners; and
                                    (IV) retailers.
                    (D) Authorization of appropriations.--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.--
                    (A) In general.--The Secretary, in coordination 
                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 establishment or 
                enhancement of State battery collection, 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 collection points 
                established or enhanced, an estimate of jobs created, 
                and the quantity of material collected as a result of 
                the grants awarded under subparagraph (A).
                    (D) Authorization of appropriations.--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.--
                    (A) In general.--The Secretary shall award grants, 
                on a competitive basis, to retailers that sell covered 
                batteries or covered battery-containing products to 
                establish and implement a system for the acceptance and 
                collection of covered batteries and covered battery-
                containing products, as applicable, for reuse, 
                recycling, or proper disposal.
                    (B) Collection system.--A system described in 
                subparagraph (A) shall include take-back of covered 
                batteries--
                            (i) at no cost to the consumer; and
                            (ii) on a regular, convenient, and 
                        accessible basis.
                    (C) Authorization of appropriations.--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 responsibilities.--
                    (A) In general.--The Secretary, in coordination 
                with the Administrator, shall convene a task force to 
                develop an extended battery producer responsibility 
                framework that--
                            (i) addresses battery recycling goals, cost 
                        structures for mandatory recycling, reporting 
                        requirements, product design, collection 
                        models, and transportation of collected 
                        materials;
                            (ii) provides sufficient flexibility to 
                        allow battery producers to determine cost-
                        effective 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 
                        processors;
                            (ii) States and municipalities; and
                            (iii) other relevant stakeholders, such as 
                        environmental, energy, or consumer 
                        organizations, 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 under 
                subparagraph (A), the Secretary shall submit to 
                Congress a report that--
                            (i) describes the extended producer 
                        responsibility 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 rechargeable battery 
        management act.--Nothing in this subsection, or any regulation, 
        guideline, framework, or policy adopted or promulgated pursuant 
        to this subsection, shall modify or otherwise affect the 
        provisions of the Mercury-Containing and Rechargeable Battery 
        Management Act (42 U.S.C. 14301 et seq.).

SEC. 2008. 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--
            (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 `battery recycling and 
                second-life applications program' means the electric 
                drive vehicle battery recycling and second-life 
                applications program established under paragraph (3).
                    ``(B) Critical material.--The term `critical 
                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 battery.--The term 
                `electric drive vehicle battery' means any battery that 
                is a motive power source for an electric drive vehicle.
                    ``(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 
                recycling and disposal of the devices described in 
                subparagraph (A).
            ``(3) Electric drive vehicle battery recycling and second-
        life applications.--
                    ``(A) In general.--In carrying out the program 
                under paragraph (2), the Secretary shall establish an 
                electric drive vehicle battery recycling and second-
                life applications program under which the Secretary 
                shall--
                            ``(i) award grants under subparagraph (D); 
                        and
                            ``(ii) carry out other activities in 
                        accordance with this paragraph.
                    ``(B) Purposes.--The purposes of the battery 
                recycling and second-life applications program 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 
                        batteries 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 manufacturing, 
                        installation, purchase, operation, and 
                        maintenance of electric drive vehicle 
                        batteries.
                            ``(v) To improve the environmental impact 
                        of electric drive vehicle battery recycling 
                        processes.
                    ``(C) Targets.--In carrying out the battery 
                recycling and second-life applications program, the 
                Secretary shall address near-term (up to 2 years), mid-
                term (up to 5 years), and long-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 applications 
                        program, the Secretary shall award multiyear 
                        grants on a competitive, merit-reviewed basis 
                        to eligible entities--
                                    ``(I) to conduct research, 
                                development, testing, and evaluation of 
                                solutions to increase the rate and 
                                productivity 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, 
                                including by addressing--
                                            ``(aa) technology to 
                                        increase the efficiency of 
                                        electric drive vehicle battery 
                                        recycling and maximize the 
                                        recovery of critical materials 
                                        for use in new products;
                                            ``(bb) expanded uses for 
                                        critical materials recovered 
                                        from electric drive vehicle 
                                        batteries;
                                            ``(cc) product design and 
                                        construction to facilitate the 
                                        disassembly 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 
                                        vehicle batteries;
                                            ``(ee) strategies to 
                                        increase consumer acceptance 
                                        of, and participation in, the 
                                        recycling of electric drive 
                                        vehicle batteries;
                                            ``(ff) improvements and 
                                        changes to electric drive 
                                        vehicle battery chemistries 
                                        that include ways to decrease 
                                        processing costs for battery 
                                        recycling without sacrificing 
                                        front-end performance;
                                            ``(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 vehicle 
                                        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 
                                commercialization plans that have the 
                                potential 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 
                                potential to reduce costs for consumers 
                                and promote accessibility and community 
                                implementation of demonstrated 
                                technologies;
                                    ``(V) increase disclosure and 
                                transparency of information to 
                                consumers;
                                    ``(VI) support the development or 
                                demonstration of projects in 
                                economically distressed areas; and
                                    ``(VII) support other relevant 
                                priorities, as determined to be 
                                appropriate by the Secretary.
                            ``(iii) Solicitation.--Not later than 90 
                        days after the date of enactment of the Energy 
                        Infrastructure Act, and annually thereafter, 
                        the Secretary shall conduct a national 
                        solicitation for applications 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, 
                                design, installation, refurbishing, or 
                                recycling industries;
                                    ``(II) coordination with 
                                information dissemination programs 
                                relating to general recycling of 
                                electronic devices; and
                                    ``(III) educational materials for 
                                the public, produced in conjunction 
                                with State and local governments or 
                                nonprofit organizations, on the 
                                problems and solutions relating to the 
                                recycling and second-life applications 
                                of electric drive vehicle batteries.
                    ``(E) Coordination with other programs of the 
                department.--In carrying out the battery recycling and 
                second-life applications program, the Secretary shall 
                coordinate and leverage the resources of complementary 
                efforts of the Department.
                    ``(F) Study and report.--
                            ``(i) Study.--The Secretary shall conduct a 
                        study on the viable market opportunities 
                        available for the recycling, second-use, and 
                        manufacturing of electric drive vehicle 
                        batteries in the United States.
                            ``(ii) Report.--Not later than 1 year after 
                        the date of enactment of the Energy 
                        Infrastructure Act, the Secretary shall submit 
                        to the Committee on Energy and Natural 
                        Resources of the Senate, the Committee on 
                        Science, Space, and Technology of the House of 
                        Representatives, and any other relevant 
                        committee of Congress a report containing the 
                        results of the study under clause (i), 
                        including a description of--
                                    ``(I) the ability of relevant 
                                businesses or other entities to 
                                competitively manufacture electric 
                                drive vehicle batteries 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;
                                    ``(IV) opportunities and barriers 
                                in electric drive vehicle battery 
                                supply chains in the United States and 
                                internationally, including with allies 
                                and trading partners;
                                    ``(V) opportunities for job 
                                creation in the electric drive vehicle 
                                battery recycling and manufacturing 
                                fields and the necessary skills 
                                employees must acquire 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 
                                disassembly of electric drive vehicle 
                                batteries;
                                    ``(VIII) any recommendations for 
                                areas of coordination with other 
                                Federal agencies to improve electric 
                                drive 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 
                                report is submitted, to enhance the 
                                competitiveness of electric drive 
                                vehicle battery manufacturing and 
                                recycling in the United States; and
                                    ``(X) needs for future research, 
                                development, and demonstration projects 
                                in electric drive vehicle battery 
                                manufacturing, recycling, and related 
                                areas, as determined by the Secretary.
                    ``(G) Evaluation.--Not later than 3 years after the 
                date on which the report under subparagraph (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 
                subparagraph (D) in meeting the recommendations and 
                targets included in the report.''; and
            (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 subsection (k) 
        $200,000,000 for the period of fiscal years 2022 through 
        2026.''.

SEC. 2009. ADVANCED ENERGY MANUFACTURING AND RECYCLING 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 section 612 of the 
                Energy Independence and Security 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 storage 
                systems and components;
                    (C) electric grid modernization equipment or 
                components;
                    (D) property designed to capture, remove, use, or 
                sequester carbon oxide emissions;
                    (E) equipment designed to refine, electrolyze, or 
                blend any fuel, chemical, or product that is--
                            (i) renewable; or
                            (ii) low-carbon and low-emission;
                    (F) property designed to produce energy 
                conservation technologies (including for residential, 
                commercial, and industrial applications);
                    (G)(i) light-, medium-, or heavy-duty electric or 
                fuel cell vehicles, electric or fuel cell locomotives, 
                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 
                associated with those vehicles, locomotives, maritime 
                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
                    (I) other advanced energy property designed to 
                reduce greenhouse gas emissions, as may be determined 
                by the Secretary.
            (2) Covered census tract.--The term ``covered census 
        tract'' means a census tract--
                    (A) in which, after December 31, 1999, a coal mine 
                had closed;
                    (B) in which, after December 31, 2009, a coal-fired 
                electricity generating unit had been retired; or
                    (C) that is immediately adjacent to a census tract 
                described in subparagraph (A) or (B).
            (3) Eligible entity.--The term ``eligible entity'' means a 
        manufacturing firm--
                    (A) the gross annual sales of which are less than 
                $100,000,000;
                    (B) that has fewer than 500 employees at the plant 
                site of the manufacturing firm; and
                    (C) the annual energy bills of which total more 
                than $100,000 but less than $2,500,000.
            (4) Minority-owned.--The term ``minority-owned'', with 
        respect to an eligible entity, means an eligible entity not 
        less than 51 percent of which is owned by 1 or more individuals 
        who are--
                    (A) citizens of the United States; and
                    (B) Asian American, Native Hawaiian, Pacific 
                Islander, African American, Hispanic, Puerto Rican, 
                Native American, or Alaska Native.
            (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 production 
                or recycling, as applicable, of advanced energy 
                property; or
                    (ii) re-equips an industrial or manufacturing 
                facility with equipment designed to reduce 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, 
                        utilization, and storage systems;
                            (III) technology relating to energy 
                        efficiency and reduction in waste from 
                        industrial processes; or
                            (IV) any other industrial technology that 
                        significantly reduces greenhouse gas emissions, 
                        as determined by the Secretary;
                    (B) has a reasonable expectation of commercial 
                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 establish 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 Secretary 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 entities to 
                receive grants under the Program, the 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 emissions of 
                        greenhouse gases;
                            (ii) will result in a higher level of 
                        domestic job creation (both direct and 
                        indirect) during the lifetime of the project;
                            (iii) will result in a higher level of job 
                        creation in the vicinity of the project, 
                        particularly with respect to--
                                    (I) low-income communities (as 
                                described in section 45D(e) of the 
                                Internal 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 
                        technological innovation and commercial 
                        deployment;
                            (v) have a lower levelized cost of--
                                    (I) generated or stored energy; or
                                    (II) measured reduction in energy 
                                consumption or greenhouse gas emission 
                                (based on costs of the full supply 
                                chain); and
                            (vi) have a shorter project time.
                    (B) Eligible entities.--In selecting eligible 
                entities to receive grants under the Program, the 
                Secretary shall give priority to eligible entities 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 energy 
                project funded by the grant not later than 3 years 
                after the date of receipt of the grant funds; and
                    (B) to return to the Secretary any grant funds that 
                remain unobligated at the end of that 3-year period.
            (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 different from the location specified in the 
        application 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 eligible entities that are 
        seeking a grant under the Program to enhance the impact of the 
        qualifying advanced energy project to be carried out using the 
        grant with respect to the selection criteria described in 
        subsection (c)(2)(A).
            (2) Applications.--An eligible entity desiring technical 
        assistance under paragraph (1) shall submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require.
            (3) Factors for consideration.--In selecting eligible 
        entities for technical assistance under paragraph (1), the 
        Secretary shall give higher priority to eligible entities that 
        propose a qualifying advanced energy project that has greater 
        potential for enhancement 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 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 Program; and
            (2) submit to the Committee on Energy and Natural Resources 
        of the Senate and the Committee on Energy and Commerce of the 
        House of Representatives 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. 2010. 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.
            (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 
        utilization of such devices in the end-use application to 
        satisfy 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 organization 
                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 designated 
                nationals and blocked persons maintained 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 defined 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 ``Economic 
                        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 Economic 
                        Powers Act (50 U.S.C. 1701 et seq.); or
                    (E) determined by the Secretary of Commerce, in 
                consultation 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) Foundation.--The term ``Foundation'' means the National 
        Science Foundation.
            (7) 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).
            (8) National laboratory.--The term ``National 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 materials and devices and 
        turning the materials and devices into raw materials or 
        components that can be reused either partially or completely.
            (10) Secondary recovery.--The term ``secondary recovery'' 
        means the recovery of critical minerals and metals from 
        discarded end-use products or from waste products produced 
        during the metal refining and manufacturing process, including 
        from mine waste piles, acid mine drainage sludge, or byproducts 
        produced through legacy mining and metallurgy activities.
    (b) Critical Minerals Mining and Recycling Research 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 innovation 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 minerals and 
                mineral materials that are subject to supply 
                disruptions.
            (2) Eligible entities.--Entities eligible to receive an 
        award under paragraph (1) are the following:
                    (A) Institutions of higher education.
                    (B) National Laboratories.
                    (C) Nonprofit organizations.
                    (D) Consortia of entities described in 
                subparagraphs (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 development 
                activities to develop new mapping and mining 
                technologies and techniques, including advanced 
                critical mineral extraction and production--
                            (i) to improve existing, or to develop new, 
                        supply chains of critical minerals; and
                            (ii) to yield more efficient, economical, 
                        and environmentally benign mining practices;
                    (B) advancing critical mineral processing research 
                activities to improve separation, alloying, 
                manufacturing, or recycling techniques and technologies 
                that can decrease the energy intensity, waste, 
                potential environmental impact, and costs of those 
                activities;
                    (C) advancing research and development of critical 
                minerals mining and recycling technologies 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 opportunities 
                to undergraduate and graduate students to prepare the 
                next generation of mining engineers and researchers.
    (c) Critical Minerals Interagency Subcommittee.--
            (1) In general.--In order to support supply chain 
        resiliency, the Critical Minerals Subcommittee of the National 
        Science and Technology Council (referred to in this subsection 
        as the ``Subcommittee'') shall coordinate Federal science and 
        technology efforts to ensure secure and reliable supplies of 
        critical minerals to the United States.
            (2) Purposes.--The purposes of the Subcommittee 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-end 
                        integration of mining and recycling techniques 
                        and the end-use target for critical 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 transitions 
                        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 
                        investments 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 recycling;
                    (C) to ensure the transparency of information and 
                data related to critical minerals; and
                    (D) to provide recommendations on coordination and 
                collaboration among the research, development, and 
                deployment programs and activities of Federal agencies 
                to promote a secure and reliable supply of critical 
                minerals necessary to maintain national security, 
                economic well-being, and industrial production.
            (3) Responsibilities.--In carrying out paragraphs (1) and 
        (2), the Subcommittee may, taking into account the findings and 
        recommendations of relevant advisory committees--
                    (A) provide recommendations on how Federal agencies 
                may improve the topographic, geologic, and geophysical 
                mapping of the United States and improve the 
                discoverability, accessibility, 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 technologies;
                    (C) assess the end-to-end lifecycle of critical 
                minerals, including for mining, usage, recycling, and 
                end-use material and technology requirements;
                    (D) examine, and provide recommendations for, 
                options for accessing and developing critical minerals 
                through investment and trade with allies and partners 
                of the United States;
                    (E) evaluate and provide recommendations to 
                incentivize the development and use of advances in 
                science and technology in the private industry;
                    (F) assess the need for, and make recommendations 
                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 activities to 
                enhance--
                            (i) scientific and technical capabilities 
                        across critical mineral supply chains, 
                        including a roadmap that identifies key 
                        research and development needs and coordinates 
                        ongoing activities for source diversification, 
                        more efficient use, recycling, and substitution 
                        for critical minerals; and
                            (ii) cross-cutting mining science, data 
                        science techniques, materials science, 
                        manufacturing science and engineering, 
                        computational 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 carrying out paragraphs 
        (1) and (2), the Subcommittee shall, taking into account the 
        findings and recommendations of relevant advisory committees, 
        identify 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.--
            (1) Establishment.--The Secretary, in consultation with the 
        Director, the Secretary of the Interior, 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 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 minerals and metals to a foreign entity of 
        concern.
            (7) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out the grant 
        program established under paragraph (1) $100,000,000 for each 
        of fiscal years 2021 through 2024.

SEC. 2011. 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 support 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;
            (3) identifies areas in which the Department can 
        effectively utilize the technical expertise of the Department 
        to support the workforce activities of other Federal agencies;
            (4) strengthens and engages the workforce training 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 displaced 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 organization with significant energy 
        experience who has been nominated by a national labor 
        federation.
            (3) Qualifications.--Each individual appointed to the Board 
        under paragraph (1) shall have expertise in--
                    (A) the field of economics or workforce 
                development;
                    (B) relevant traditional energy industries or 
                emerging energy industries, including energy 
                efficiency;
                    (C) secondary or postsecondary education;
                    (D) energy workforce development or apprenticeship 
                programs of States or units of local government;
                    (E) relevant organized labor organizations; or
                    (F) bringing underrepresented groups, including 
                racial and ethnic minorities, women, veterans, and 
                socioeconomically disadvantaged individuals, into the 
                workforce.
    (c) Advisory Board Review and Recommendations.--
            (1) Determination by board.--In developing the strategy 
        required under subsection (a), the Board shall--
                    (A) determine whether there are opportunities to 
                more effectively and efficiently use the capabilities 
                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-serving 
                        institutions; and
                            (ii) make resources available to increase 
                        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 provide 
                        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
                    (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 programs.
            (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 report is submitted to 
                the Secretary under subparagraph (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 
                                recommendation of the Board under 
                                subparagraph (A); and
                                    (II) if the Secretary approves of a 
                                recommendation, provides an 
                                implementation plan for the 
                                recommendation; 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
                                    (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 
                        Secretary 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 Committees on Energy and Natural 
Resources and Appropriations of the Senate and the Committees on Energy 
and Commerce and Appropriations of the House of Representatives a 
report that--
            (1) describes the effectiveness and accomplishments 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 whether and how the scope 
        and functions of the Board should be modified.
    (e) Outreach to Minority-Serving Institutions, Veterans, and 
Displaced and Unemployed Energy Workers.--In developing the strategy 
under subsection (a), the Board shall--
            (1) give special consideration to increasing outreach 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 
                minorities 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 secure careers in 
                the energy industry; and
                    (C) institutions that serve displaced and 
                unemployed energy workers to increase the number of 
                individuals trained for jobs in the energy industry;
            (3) encourage the energy industry to improve the 
        opportunities for students of minority-serving institutions, 
        veterans, and displaced and unemployed energy workers to 
        participate in internships, preapprenticeships, 
        apprenticeships, and cooperative work-study programs in the 
        energy industry; and
            (4) work with the National Laboratories to increase the 
        participation of underrepresented groups, veterans, and 
        displaced and unemployed energy workers 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 determination by the Secretary that 
        the Board should be renewed.

       TITLE III--FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS

 Subtitle A--Carbon Capture, Utilization, Storage, and Transportation 
                             Infrastructure

SEC. 3001. FINDINGS.

    Congress finds that--
            (1) the industrial sector is integral to the economy of the 
        United States--
                    (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, including 
        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, removal, 
        utilization, transport, and storage--
                    (A) is critical for achieving mid-century climate 
                goals; and
                    (B) will drive regional economic development, 
                technological innovation, and high-wage employment;
            (5) carbon capture, removal, and utilization technologies 
        require a backbone system of shared carbon dioxide transport 
        and storage infrastructure to enable large-scale deployment, 
        realize economies of scale, and create an interconnected carbon 
        management market;
            (6) carbon dioxide transport infrastructure and permanent 
        geological storage are proven and safe technologies with 
        existing Federal and State regulatory frameworks;
            (7) carbon dioxide transport and storage infrastructure 
        share similar barriers to deployment previously faced by other 
        types of critical national infrastructure, such as high capital 
        costs and chicken-and-egg challenges, that require Federal and 
        State support, in combination with private investment, to be 
        overcome; and
            (8) each State should take into consideration, with respect 
        to new carbon dioxide transportation infrastructure--
                    (A) qualifying the infrastructure as pollution 
                control devices under applicable laws (including 
                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. 3002. CARBON UTILIZATION PROGRAM.

    Section 969A of the Energy Policy Act of 2005 (42 U.S.C. 16298a) is 
amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (3) and (4) as 
                paragraphs (4) and (5), respectively; and
                    (B) by inserting after paragraph (2) the following:
            ``(3) to develop or obtain, in coordination with other 
        applicable Federal agencies and standard-setting 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 following:
            ``(2) Grant program.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the Energy Infrastructure Act, the 
                Secretary shall establish 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--
                            ``(i) a State;
                            ``(ii) a unit of local government; or
                            ``(iii) a public utility or agency.
                    ``(C) Applications.--Eligible entities desiring 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 anthropogenic 
                        carbon oxides; and
                            ``(ii) demonstrate significant net 
                        reductions in lifecycle greenhouse gas 
                        emissions compared to incumbent technologies, 
                        processes, 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:
    ``(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. 3003. 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 ``program.'' 
                and inserting ``program for carbon capture 
                technologies; and''; and
                    (C) by adding at the end the following:
                    ``(E) a front-end engineering and design program 
                for carbon dioxide transport infrastructure necessary 
                to enable deployment of carbon capture, utilization, 
                and storage technologies.''; and
            (2) in subsection (d)(1)--
                    (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 
                engineering and design program described in subsection 
                (b)(2)(E), $100,000,000 for the period of fiscal years 
                2022 through 2026.''.

SEC. 3004. CARBON DIOXIDE TRANSPORTATION INFRASTRUCTURE 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 Transportation Infrastructure Finance and 
                               Innovation

``SEC. 999A. DEFINITIONS.

    ``In this subtitle:
            ``(1) CIFIA program.--The term `CIFIA program' means the 
        carbon dioxide transportation infrastructure finance and 
        innovation program established under section 999B(a).
            ``(2) Common carrier.--The term `common carrier' 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 transportation 
                services to the public for a fee.
            ``(3) Contingent commitment.--The term `contingent 
        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 Government.
            ``(4) Eligible project costs.--The term `eligible 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, 
                        including planning, feasibility analysis, 
                        revenue forecasting, environmental review, 
                        permitting, preliminary engineering and design 
                        work, and other preconstruction activities;
                            ``(ii) construction, reconstruction, 
                        rehabilitation, replacement, and acquisition of 
                        real property (including land relating to the 
                        project and improvements to land), 
                        environmental mitigation, construction 
                        contingencies, and acquisition and installation 
                        of equipment (including labor); and
                            ``(iii) capitalized interest necessary to 
                        meet market requirements, reasonably required 
                        reserve funds, capital issuance expenses, and 
                        other carrying costs during construction; and
                    ``(B) transaction costs associated with financing 
                the project, including--
                            ``(i) the cost of legal counsel and 
                        technical consultants; and
                            ``(ii) any subsidy amount paid in 
                        accordance 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.
            ``(6) Lender.--The term `lender' means a qualified 
        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 applicant 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 assistance and 
                the proposed obligor;
                    ``(C) provides a status of environmental review; 
                and
                    ``(D) provides information regarding satisfaction 
                of other eligibility requirements of the CIFIA program.
            ``(8) Loan guarantee.--The term `loan guarantee' means any 
        guarantee or other pledge by the Secretary to pay all or part 
        of the principal of, and interest on, a loan made to an 
        obligor, or debt obligation issued by an obligor, in each case 
        funded by a lender.
            ``(9) Master credit agreement.--The term `master credit 
        agreement' means a conditional agreement 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 obligation 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 
                                conditions for the provision of credit 
                                assistance under the CIFIA program, 
                                including 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, including--
                                    ``(I) compliance with all 
                                applicable 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 commitments 
                        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 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 instrumentality, or other entity that is 
        liable for payment of the principal of, or interest on, a 
        Federal credit instrument.
            ``(11) Produced in the united states.--The term `produced 
        in the United States', with respect to iron and steel, means 
        that all manufacturing processes 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 transportation infrastructure or 
        associated equipment, including pipeline, shipping, rail, or 
        other transportation infrastructure and associated equipment, 
        that will transport or handle carbon dioxide captured from 
        anthropogenic 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 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 sufficient to cover the estimated 
        long-term cost to the Federal 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 transportation 
                of carbon dioxide; or
                    ``(B) of a comparable event to the event described 
                in subparagraph (A), as determined by 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 transportation 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 submission of an 
                application under paragraph (3) for the project; and
                    ``(B) the project meets the criteria described in 
                this subsection.
            ``(2) Creditworthiness.--
                    ``(A) In general.--Each project and obligor that 
                receives a Federal credit instrument or a grant under 
                the CIFIA program shall be creditworthy, such that 
                there exists a reasonable prospect of repayment of the 
                principal and interest on the Federal credit 
                instrument, as determined by the Secretary under 
                subparagraph (B).
                    ``(B) Reasonable prospect of repayment.--The 
                Secretary shall base a determination of whether there 
                is a reasonable prospect of repayment under 
                subparagraph (A) on a comprehensive evaluation of 
                whether the obligor has a reasonable prospect of 
                repaying the Federal credit instrument for the eligible 
                project, including 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 structural 
                        enhancements;
                            ``(iii) the projected financial strength of 
                        the obligor--
                                    ``(I) at the time of loan close; 
                                and
                                    ``(II) throughout the loan term, 
                                including after the project is 
                                completed;
                            ``(iv) the financial strength of the 
                        investors and strategic partners of the 
                        obligor, if applicable; and
                            ``(v) other financial metrics and analyses 
                        that are relied on by the private lending 
                        community and nationally recognized credit 
                        rating agencies, as determined appropriate by 
                        the Secretary.
            ``(3) Applications.--To be eligible for assistance under 
        the CIFIA program, an obligor shall submit to the Secretary a 
        project application at such time, in such manner, and 
        containing such information 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 exceed $100,000,000.
            ``(5) Revenue sources.--The applicable Federal credit 
        instrument shall be repayable, 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.
            ``(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 public-private partnership will be--
                    ``(A) the obligor; and
                    ``(B) identified at a later date through completion 
                of a procurement and selection of the private 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 earlier 
                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 assistance 
        under the CIFIA program, the applicant 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 obligated for the project under the CIFIA program.
    ``(c) Selection Among Eligible Projects.--
            ``(1) Establishment of application process.--The Secretary 
        shall establish an application process under which projects 
        that are eligible to receive assistance under subsection (b) 
        may--
                    ``(A) receive credit assistance on terms acceptable 
                to the Secretary, if adequate funds are available 
                (including any funds provided on behalf of an eligible 
                project under paragraph (3)(B)(ii)) to cover the 
                subsidy amount associated 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--
                    ``(A) are large-capacity, common carrier 
                infrastructure;
                    ``(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 associated 
                projects that capture carbon dioxide from anthropogenic 
                sources or ambient air, with the goal of enabling 
                projects in all major carbon dioxide-emitting regions 
                of the United States; and
                    ``(D) are sited within, or adjacent to, existing 
                pipeline or other linear infrastructure corridors, in a 
                manner that minimizes environmental 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 
                        assistance under subsection (b), on obtaining--
                                    ``(I) additional commitments from 
                                associated carbon capture projects to 
                                use the project; or
                                    ``(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 available.--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 
                        instrument; and
                            ``(II) to wait to execute a Federal credit 
                        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 instrument.
    ``(d) Federal Requirements.--
            ``(1) In general.--Nothing in this subtitle supersedes 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 decision under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    ``(e) Use of American Iron, Steel, and Manufactured Goods.--
            ``(1) In general.--Except as provided in paragraph (2), no 
        Federal credit instrument or grant provided under the CIFIA 
        program shall be made available for a project unless all iron, 
        steel, and manufactured 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 sufficient and 
                reasonably available quantity, or of a satisfactory 
                quality; or
                    ``(C) the inclusion of iron, steel, or a 
                manufactured 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 request for a 
        waiver under this subsection, the Secretary shall--
                    ``(A) make available to the public a copy of the 
                request, together with any information available to the 
                Secretary concerning the request--
                            ``(i) on an informal basis; and
                            ``(ii) by electronic means, including on 
                        the official public website of the Department;
                    ``(B) allow for informal public comment relating 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.
            ``(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 application under this 
        section, the Secretary shall provide 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 informing the applicant whether the Secretary 
        has approved 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 development-phase activities, as described in 
section 999A(4)(A).

``SEC. 999C. SECURED LOANS.

    ``(a) Agreements.--
            ``(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 
                        obligations 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 
                                requirements of that section; and
                    ``(B) may be used in accordance with subsection 
                (b)(7) to pay any fees collected by the Secretary under 
                subparagraph (B) of that subsection.
            ``(2) Risk assessment.--Before entering into an agreement 
        under this subsection, the Secretary, in consultation with the 
        Director of the Office of Management and Budget, shall 
        determine an appropriate credit subsidy amount for each secured 
        loan, taking into account all relevant factors, including the 
        creditworthiness 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, representations, warranties, and 
        requirements (including requirements for audits) as the 
        Secretary determines to be appropriate.
            ``(2) Maximum amount.--The amount of a secured loan under 
        this section shall not exceed an amount equal to 80 percent of 
        the reasonably anticipated eligible project costs.
            ``(3) Payment.--A secured loan under this section 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.--
                    ``(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 
                                        Secretary is submitted for the 
                                        applicable project; or
                                            ``(bb) the date on which 
                                        the Secretary entered into a 
                                        master credit agreement for the 
                                        applicable project; and
                                    ``(II) ending on the date on which 
                                the Secretary executes the Federal 
                                credit 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 pursuant to 
                        clause (i) by more than 1\1/2\ percentage 
                        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.
            ``(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 financing 
                        ongoing capital programs and has outstanding 
                        senior bonds under a preexisting 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 
                                revenues.
                            ``(ii) Limitation.--If the Secretary waives 
                        the nonsubordination requirement under this 
                        subparagraph--
                                    ``(I) the maximum credit subsidy 
                                amount to be paid by the Federal 
                                Government shall be not more than 10 
                                percent of the principal amount of the 
                                secured loan; and
                                    ``(II) the obligor shall be 
                                responsible for paying the remainder of 
                                the subsidy amount, if any.
            ``(7) Fees.--
                    ``(A) In general.--The Secretary may collect 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 Federal 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 obligor 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.
            ``(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 repayments 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 revenues in excess of 
                reasonable and necessary operating expenses to pay the 
                scheduled loan repayments of principal and interest on 
                the secured loan, the Secretary may, subject to 
                subparagraph (C), allow the obligor to add unpaid 
                principal and interest to the outstanding balance of 
                the secured loan.
                    ``(B) Interest.--Any payment deferred under 
                subparagraph (A) shall--
                            ``(i) continue to accrue interest in 
                        accordance 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 deferral 
                        under subparagraph (A) shall be contingent on 
                        the project meeting criteria established 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 excess revenues 
                that remain after satisfying scheduled debt service 
                requirements on the project obligations and secured 
                loan and all deposit requirements under the terms of 
                any trust agreement, bond resolution, or similar 
                agreement securing project obligations may be applied 
                annually to prepay the secured loan, without penalty.
                    ``(B) Use of proceeds of refinancing.--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 secured 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 secured loan under 
        this section if the Secretary determines that the budgetary 
        cost of the loan guarantee is substantially the same as, or 
        less than, that of a secured loan.
            ``(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 
        Secretary.

``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 dioxide 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 commitments 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;
            ``(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 information as the 
        Secretary determines to be appropriate.
    ``(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 infrastructure 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 
subsection (b)(2).
    ``(d) Maximum Amount.--The amount of a grant provided 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.
    ``(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 provided 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 paragraph (1) 
        shall act as the agent for the Secretary.
            ``(3) Fee.--A servicer appointed under paragraph (1) shall 
        receive a servicing fee, subject to approval by the Secretary.
    ``(d) Assistance From Expert Firms.--The Secretary 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 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 construction 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; CONTRACT AUTHORITY.

    ``(a) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Secretary to carry out this subtitle--
                    ``(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 increase 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 indexed for United States dollar inflation 
        from the date of enactment of the Energy Infrastructure Act (as 
        measured by the Consumer Price Index)) each fiscal year for the 
        administration of the CIFIA program.
    ``(b) Contract Authority.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, execution of a term sheet by the Secretary of a Federal 
        credit instrument that uses amounts made available under the 
        CIFIA program shall impose on the United States a contractual 
        obligation 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 striking 
        ``Efficiency'';
            (2) by striking the items relating to subtitle J of title 
        IX (relating to ultra-deepwater and unconventional 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
            (3) by striking the item relating to section 969B and 
        inserting the following:

``Sec. 969B. High efficiency turbines.''.

SEC. 3005. 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 following:
                                    ``(I) evaluating the quantity, 
                                location, and timing of geologic carbon 
                                storage deployment that may be needed, 
                                and developing strategies and resources 
                                to enable the deployment.'';
            (3) by redesignating subsections (e) through (g) as 
        subsections (f) through (h), respectively;
            (4) by inserting after subsection (d) the following:
    ``(e) Large-scale Carbon Storage Commercialization Program.--
            ``(1) In general.--The Secretary shall establish a 
        commercialization program under which the Secretary shall 
        provide funding for the development of new or expanded 
        commercial large-scale carbon sequestration projects and 
        associated carbon dioxide transport infrastructure, including 
        funding for the feasibility, site characterization, permitting, 
        and construction stages of project development.
            ``(2) Applications; selection.--
                    ``(A) In general.--To be eligible to enter into an 
                agreement with the Secretary for funding 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 Secretary shall 
                establish an application process that, to the maximum 
                extent practicable--
                            ``(i) is open to projects at any stage of 
                        development described in paragraph (1); and
                            ``(ii) facilitates expeditious development 
                        of projects described in that paragraph.
                    ``(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 
                        dioxide from multiple carbon capture 
                        facilities.'';
            (5) in subsection (f) (as so redesignated), in paragraph 
        (1), by inserting ``with respect to the research, development, 
        demonstration program components described in subsections (b) 
        through (d)'' before ``give preference''; and
            (6) by striking subsection (h) (as so redesignated) 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.''.

SEC. 3006. SECURE GEOLOGIC STORAGE PERMITTING.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental 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 regulations).
    (b) Authorization of Appropriations for Geologic 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 Carbon 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 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 received under the grant to 
        defray the expenses of the State related to the establishment 
        and operation of a State underground injection control program 
        described in paragraph (1).
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to the Administrator to carry out this 
        subsection $50,000,000 for the period of fiscal years 2022 
        through 2026.

SEC. 3007. 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 defined 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
            (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 
                        associated substances derived from the source 
                        material or capture process; and
                            ``(ii) any substances added to the stream 
                        for the purpose of enabling or improving 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 sequestration' 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 Energy and Related 
Purposes.--Section 8(p)(1) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1337(p)(1)) is amended--
            (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 related 
                to the injection of a carbon dioxide stream into sub-
                seabed geologic formations for the purpose 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. 3008. 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
            (2) by inserting after subsection (i) the following:
    ``(j) Regional Direct Air Capture Hubs.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Eligible project.--The term `eligible 
                project' means a direct air capture project or a 
                component project of a regional direct air capture 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 infrastructure, subsurface resources, and 
                sequestration infrastructure located within a region.
            ``(2) Establishment of program.--
                    ``(A) In general.--The Secretary shall establish 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 subparagraph (A) shall be a regional 
                direct air capture hub that--
                            ``(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 dioxide 
                        from the atmosphere annually from a single unit 
                        or multiple interconnected units;
                            ``(iii) demonstrates the capture, 
                        processing, 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 Energy 
                        Infrastructure Act, the Secretary shall solicit 
                        applications for funding 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 
                        appropriated to carry out this subsection are 
                        expended.
                    ``(B) Selection of projects for the development of 
                regional direct air capture hubs.--Not later than 3 
                years after the date of the deadline for the submission 
                of proposals under subparagraph (A)(i), the Secretary 
                shall select eligible projects described in paragraph 
                (2)(A).
                    ``(C) Criteria.--The Secretary shall select 
                eligible projects under subparagraph (B) using the 
                following criteria:
                            ``(i) Carbon intensity of local industry.--
                        To the maximum extent practicable, each 
                        eligible project shall be located in a region 
                        with--
                                    ``(I) existing carbon-intensive 
                                fuel production or industrial capacity; 
                                or
                                    ``(II) carbon-intensive fuel 
                                production 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 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 sequestration or 
                        utilization.
                            ``(iv) Hubs in fossil-producing regions.--
                        To the maximum extent practicable, 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 
                        direct air capture hubs with larger initial 
                        capacity, greater potential for expansion, and 
                        lower levelized cost per ton of carbon dioxide 
                        removed from the atmosphere.
                            ``(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 Secretary, are 
                        necessary or appropriate to carry out this 
                        subsection.
                    ``(D) Coordination.--To the maximum extent 
                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 validation and testing program 
                established under section 963(b)(1), and the CIFIA 
                program established under section 999B(a) such that 
                funding from each of the programs is leveraged to 
                contribute toward the development of integrated 
                regional and interregional carbon capture, removal, 
                transport, sequestration, and utilization networks.
                    ``(E) Funding of eligible projects.--The Secretary 
                may make grants to, or enter into cooperative 
                agreements or contracts with, each eligible 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 Secretary to carry out this 
        subsection $3,500,000,000 for the period of fiscal years 2022 
        through 2026, to remain available until expended.''.

             Subtitle B--Hydrogen Research and Development

SEC. 3101. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1) hydrogen plays a critical part in the comprehensive 
        energy portfolio of the United States;
            (2) the use of the hydrogen resources of the United 
        States--
                    (A) promotes energy security and resilience; and
                    (B) provides economic value and environmental 
                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, including--
                    (A) renewable energy resources, including biomass;
                    (B) fossil fuels with carbon capture, utilization, 
                and storage; and
                    (C) nuclear power.
    (b) Purpose.--The purpose of this subtitle is to accelerate 
research, development, demonstration, and deployment 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 hydrogen 
        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;
            (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. 3102. 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 redesignated) 
        the following:
            ``(1) Clean hydrogen; hydrogen.--The terms `clean hydrogen' 
        and `hydrogen' mean hydrogen produced in compliance with the 
        greenhouse gas emissions standard established under section 
        822(a), including production from any fuel source.''.

SEC. 3103. CLEAN HYDROGEN RESEARCH AND DEVELOPMENT 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 ``programs'' and 
        inserting ``clean hydrogen research 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 
                ``production,'';
            (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 hydrogen in the 
        transportation, utility, industrial, commercial, and 
        residential sectors; and
            ``(2) to demonstrate a standard of clean hydrogen 
        production in the transportation, utility, industrial, 
        commercial, and residential sectors by 2040.'';
            (4) in subsection (c)(3), by striking ``renewable fuels and 
        biofuels'' and inserting ``fossil fuels with carbon capture, 
        utilization, and sequestration, renewable 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 conduct 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 diverse energy 
        sources, including--
                    ``(A) fossil fuels with carbon capture, 
                utilization, and sequestration;
                    ``(B) hydrogen-carrier fuels (including ethanol and 
                methanol);
                    ``(C) renewable energy resources, including 
                biomass;
                    ``(D) nuclear energy; and
                    ``(E) any other methods the Secretary determines to 
                be appropriate;
            ``(3) the use of clean hydrogen for commercial, industrial, 
        and residential electric power generation;
            ``(4) the use of clean hydrogen in industrial applications, 
        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 transportation 
                infrastructure system to enable a transition 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 
                        generation;
            ``(7) advanced vehicle, locomotive, maritime vessel, or 
        plane technologies, including--
                    ``(A) engine and emission control systems;
                    ``(B) energy storage, electric propulsion, and 
                hybrid systems;
                    ``(C) automotive, locomotive, maritime vessel, 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 processing for natural gas, fuel 
        cell stack and system reliability, low-temperature operation, 
        and cold start capability;
            ``(10) the ability of domestic clean hydrogen equipment 
        manufacturers to manufacture commercially available competitive 
        technologies in the United States;
            ``(11) the use of clean hydrogen in the transportation 
        sector, including in light-, medium-, and heavy-duty vehicles, 
        rail transport, aviation, and maritime applications; and
            ``(12) in coordination with relevant agencies, the 
        development of appropriate, uniform codes and standards for the 
        safe and consistent deployment and commercialization of clean 
        hydrogen production, processing, 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 Energy Infrastructure Act, the Secretary shall establish targets 
for the program to address near-term (up to 2 years), mid-term (up to 7 
years), and long-term (up to 15 years) challenges to the advancement 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 section 805 and inserting the following:

``Sec. 805. Clean hydrogen research and development program.''.

SEC. 3104. 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 hub' means a network of clean 
hydrogen producers, potential clean hydrogen consumers, and connective 
infrastructure 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, delivery, 
        storage, and end-use of clean hydrogen; and
            ``(3) can be developed into a national clean hydrogen 
        network to facilitate a clean hydrogen economy.
    ``(c) Selection of Regional Clean Hydrogen Hubs.--
            ``(1) Solicitation of proposals.--Not later than 180 days 
        after the date of enactment of the Energy Infrastructure 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 least 4 regional clean hydrogen 
        hubs to be developed under subsection (b).
            ``(3) Criteria.--The Secretary shall select regional clean 
        hydrogen hubs under paragraph (2) using the following criteria:
                    ``(A) Feedstock diversity.--To the maximum 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 hydrogen 
                        hub shall demonstrate the production of clean 
                        hydrogen from nuclear energy.
                    ``(B) End-use diversity.--To the maximum 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;
                            ``(iii) at least 1 regional clean hydrogen 
                        hub shall demonstrate the end-use of clean 
                        hydrogen in the residential and commercial 
                        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 
                        region 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 greatest number of 
                residents of the region.
                    ``(F) Additional criteria.--The Secretary may take 
                into consideration other criteria that, in the judgment 
                of the Secretary, are necessary or appropriate to carry 
                out this title
            ``(4) Funding of regional clean hydrogen hubs.--The 
        Secretary may make grants to each regional clean hydrogen hub 
        selected under paragraph (2) to accelerate commercialization 
        of, and demonstrate 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 programs established 
        under sections 805 and 813, the Secretary, in consultation with 
        the heads of relevant offices of the Department, shall develop 
        a technologically and economically feasible national strategy 
        and roadmap to facilitate widescale production, processing, 
        delivery, storage, and use of clean hydrogen.
            ``(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 towards 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, pathways, 
                and opportunities, including Federal policy needs, to 
                transition to a clean hydrogen economy;
                    ``(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
                            ``(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 country, to 
                advance clean hydrogen based on resources, industry 
                sectors, environmental benefits, and economic impacts 
                in regional economies;
                    ``(E) identifying opportunities to use, and 
                barriers to using, existing infrastructure, including 
                all components of the natural gas infrastructure 
                system, the carbon dioxide pipeline infrastructure 
                system, end-use local distribution networks, 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--
                            ``(i) are regionally dispersed across the 
                        United States and can leverage natural gas to 
                        the maximum extent practicable;
                            ``(ii) can demonstrate the efficient 
                        production, processing, delivery, and use of 
                        clean hydrogen;
                            ``(iii) include transportation corridors 
                        and modes of transportation, including 
                        transportation of clean hydrogen by pipeline 
                        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, multiple-output 
                integrated hybrid energy systems and multiple-input, 
                multiple-output integrated hybrid energy systems that 
                maximize efficiency in providing hydrogen, high-value 
                heat, electricity, 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 the 
                responsibilities of those Federal agencies, and 
                potential regulatory obstacles and recommendations for 
                modifications, in order to support the deployment of 
                clean hydrogen; and
                    ``(I) identifying geographic zones or regions in 
                which clean hydrogen technologies could efficiently 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 Energy Infrastructure 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 RECYCLING.

    ``(a) Clean Hydrogen Manufacturing Initiative.--
            ``(1) In general.--In carrying out the programs 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 Secretary) 
        for research, development, and demonstration projects to 
        advance new clean hydrogen production, processing, delivery, 
        storage, and use equipment manufacturing technologies and 
        techniques.
            ``(2) Priority.--In awarding grants or entering into 
        contracts, cooperative agreements, or other agreements 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-effectiveness 
                in--
                            ``(i) the manufacturing process; and
                            ``(ii) the use of resources, including 
                        existing energy infrastructure;
                    ``(B) support domestic supply chains for materials 
                and components;
                    ``(C) identify and incorporate nonhazardous 
                alternative materials for components and devices;
                    ``(D) operate in partnership with tribal energy 
                development organizations, Indian Tribes, Tribal 
                organizations, Native Hawaiian community-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 Energy Infrastructure Act, and not less 
        frequently than once 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 projects carried out through grants awarded, or 
        contracts, cooperative agreements, or other agreements entered 
        into, under paragraph (1).
    ``(b) Clean Hydrogen Technology Recycling Research, Development, 
and Demonstration Program.--
            ``(1) In general.--In carrying out the programs 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 for research, development, and 
        demonstration projects to create innovative and practical 
        approaches to increase the reuse and recycling of clean 
        hydrogen technologies, including by--
                    ``(A) increasing the efficiency and cost-
                effectiveness of the recovery of raw materials from 
                clean hydrogen technology components and systems, 
                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 research, 
                development, demonstration, and commercialization 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, designs, 
                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
                    ``(F) developing strategies to increase consumer 
                acceptance of, and participation in, the recycling of 
                fuel cells.
            ``(2) Dissemination of results.--The Secretary shall make 
        available to the public and the relevant committees of Congress 
        the results of the projects carried out through grants awarded, 
        or contracts, 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 electrolysis.
            ``(3) Program.--The term `program' means the program 
        established under subsection (b).
    ``(b) Establishment.--Not later than 90 days after the date of 
enactment of the Energy Infrastructure Act, the Secretary shall 
establish a research, development, 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 hydrogen 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, efficiency, 
        durability, and feasibility of commercial deployment of the 
        technologies described in paragraph (1).
    ``(e) Focus.--The program shall focus on research relating to, and 
the development, demonstration, and deployment of--
            ``(1) low-temperature electrolyzers, including liquid-
        alkaline electrolyzers, membrane-based electrolyzers, and other 
        advanced electrolyzers, capable of converting intermittent 
        sources of electric power to clean hydrogen with enhanced 
        efficiency and durability;
            ``(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 section 215(a) of the 
        Federal Power Act (16 U.S.C. 824o(a)));
            ``(6) low-cost membranes or electrolytes and separation 
        materials that are durable in the presence of impurities or 
        seawater;
            ``(7) improved component design and material integration, 
        including with respect to electrodes, porous transport layers 
        and bipolar plates, and balance-of-system components, to allow 
        for scale-up and domestic manufacturing of electrolyzers at a 
        high volume;
            ``(8) clean hydrogen storage technologies;
            ``(9) technologies that integrate hydrogen production 
        with--
                    ``(A) clean hydrogen compression and drying 
                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 Agreements.--
            ``(1) Grants.--In carrying out the program, the Secretary 
        shall award grants, on a competitive basis, to eligible 
        entities for projects that the Secretary determines would 
        provide the greatest progress toward achieving the goal of the 
        program described in subsection (c).
            ``(2) Contracts and cooperative agreements.--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 purpose of the program described in subsection (b).
            ``(3) Eligibility; applications.--
                    ``(A) In general.--The eligibility of an entity 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 desiring 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 information as the Secretary may 
                require.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out 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 National Renewable Energy Laboratory 
shall continue to work in a crosscutting manner to carry out the 
programs established under sections 813 and 815.
    ``(b) Coordination; Clearinghouse.--In carrying out subsection (a), 
the National Energy Technology Laboratory 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 subparagraphs (B) through (E) of 
        paragraph (1).''.

SEC. 3105. CLEAN HYDROGEN PRODUCTION QUALIFICATIONS.

    (a) In General.--The Energy Policy Act of 2005 (42 U.S.C. 16151 et 
seq.) (as amended by section 3104(1)) is amended by adding at the end 
the following:

``SEC. 822. CLEAN HYDROGEN PRODUCTION QUALIFICATIONS.

    ``(a) In General.--Not later than 180 days after the date of 
enactment of the Energy Infrastructure 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 production 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 dioxide-equivalent 
                produced at the site of production per kilogram of 
                hydrogen produced; and
                    ``(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 develops the standard 
        under subsection (a), 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--
                    ``(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 adjustment 
                described in subparagraph (A) is appropriate, 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 sections 813 through 816 and inserting 
the following:

``Sec. 813. Regional clean hydrogen hubs.
``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. 3201. 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 section 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 electric power production 
        capacity that is not greater than 50 megawatts.
            (4) National laboratory.--The term ``National Laboratory'' 
        has the meaning given the term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
            (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 energy 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 energy 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;
                    (B) the need for protection against cyber threats 
                and electromagnetic pulses; and
                    (C) resilience to extreme natural events, including 
                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 nuclear 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 modular reactors to remote 
        communities in order to replace diesel generation and other 
        fossil fuels.
            (4) An assessment by the Department of the value associated 
        with enhancing the resilience of a facility 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 
        Department 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 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 Department 
                in the United States by 2029; and
                    (C) to include micro-reactors and small modular 
                reactors in the planning for meeting future 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 financial and 
        technical assistance to entities to conduct feasibility studies 
        for the purpose of identifying suitable locations for the 
        deployment of micro-reactors, small modular reactors, and 
        advanced nuclear reactors in isolated communities.
            (2) Requirement.--Prior to providing financial and 
        technical assistance under paragraph (1), the Secretary shall 
        conduct robust community engagement and outreach for the 
        purpose of identifying levels of interest in isolated 
        communities.
            (3) Limitation.--The Secretary shall not disburse more than 
        50 percent of the amounts available for financial assistance 
        under this subsection to the National Laboratories.

SEC. 3202. PROPERTY INTERESTS RELATING TO CERTAIN PROJECTS AND 
              PROTECTION OF INFORMATION 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 meaning given the term in 
                section 951(b) of the Energy 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 personal 
                        property (as those terms are defined in section 
                        200.1 of title 2, Code of Federal Regulations 
                        (as in effect on the date of enactment of this 
                        Act)).
                            (ii) Exclusion.--The term ``property 
                        interest'' does not include any interest in 
                        intellectual property developed using funding 
                        provided under a project described in paragraph 
                        (3).
            (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 announcement of the 
                Department numbered DE-FOA-0002271, including any 
                project for which funding has been provided pursuant to 
                that announcement 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 Energy'' under the heading ``ENERGY 
                PROGRAMS'' in title III of division C of the Further 
                Consolidated Appropriations Act, 2020 (Public Law 116-
                94; 133 Stat. 2670);
                    (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 reactors; 
                        and
                            (ii) for which Federal funding is provided 
                        under a program focused on development 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 Stevenson-
        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 striking 
                ``The director'' and inserting ``Subject to clause 
                (ii), the director''; and
                    (C) by adding at the end the following:
                                    ``(II) The agency may authorize the 
                                director to provide appropriate 
                                protections against dissemination 
                                described in clause (i) for a total 
                                period of not more than 30 years if the 
                                agency determines that the nature of 
                                the information protected against 
                                dissemination, including nuclear 
                                technology, could reasonably require an 
                                extended period of that protection to 
                                reach commercialization.''.
            (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 cooperative research and 
                development agreement that is in effect as of the day 
                before the date of enactment of this Act.
    (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 inserting 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, including 
                        nuclear technology, could reasonably require an 
                        extended period of protection from disclosure 
                        to reach commercialization.
                    ``(B) Extension during term.--The Secretary may 
                extend the period of protection from disclosure during 
                the term of any transaction described in subparagraph 
                (A) in accordance with that subparagraph.''.

SEC. 3203. 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 subsection (d).
            (2) Credit.--The term ``credit'' means a credit allocated 
        to a certified nuclear reactor under subsection (e)(2).
    (b) Establishment of Program.--The Secretary shall establish a 
civil nuclear credit program--
            (1) to evaluate nuclear reactors that are projected 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 subsection.
    (c) Certification.--
            (1) Application.--
                    (A) In general.--In order to be certified under 
                paragraph (2)(A)(i), the owner or operator 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 information as the Secretary determines 
                to be appropriate, including--
                            (i) information on the operating costs 
                        necessary to make the determination described 
                        in paragraph (2)(A)(ii)(I), including--
                                    (I) the average projected annual 
                                operating loss in dollars per megawatt-
                                hour, inclusive of the cost of 
                                operational 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 
                                available data with respect to current 
                                or projected bulk power market prices;
                                    (III) out-of-market revenue 
                                streams;
                                    (IV) operations and maintenance 
                                costs;
                                    (V) capital costs, including fuel; 
                                and
                                    (VI) operational and market risks;
                            (ii) an estimate of the potential 
                        incremental 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 operations 
                        at the conclusion of the applicable 4-year 
                        period for which credits would be allocated--
                                    (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.
                    (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 operator 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 application under 
                        subparagraph (A) with respect to that nuclear 
                        reactor during any application period beginning 
                        after the 120-day period beginning on the date 
                        of enactment of this Act.
                            (ii) Requirement.--An application submitted 
                        by an owner or operator described in clause (i) 
                        with respect to a nuclear reactor described in 
                        that clause shall include all projected 
                        payments from State programs in determining the 
                        average projected annual operating loss 
                        described in 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 subparagraph 
                        (B) of paragraph (1), the Secretary 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 
                                information 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), 
                                the Secretary determines that 
                                pollutants would increase if the 
                                nuclear reactor were to cease 
                                operations and be replaced with other 
                                types of power generation; and
                                    (III) the Nuclear Regulatory 
                                Commission has reasonable assurance 
                                that the nuclear reactor--
                                            (aa) will continue to be 
                                        operated in accordance with the 
                                        current 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 
                                        safety 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 maximum extent 
                        available, uranium that is produced, converted, 
                        enriched, and fabricated into fuel assemblies 
                        in the United States.
                    (B) Notice.--For each application received under 
                paragraph (1)(A), the Secretary shall provide to the 
                applicable owner or operator, as applicable--
                            (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 nuclear 
                        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 reactor, 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 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 submitted 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 applicable 
                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 
                allocated credits.
            (2) Credits.--Subject to subsection (f)(2), on selection 
        under paragraph (1), a certified nuclear reactor shall be 
        allocated credits for a 4-year period beginning 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 possible.
    (f) Renewal.--
            (1) In general.--The owner or operator of a certified 
        nuclear reactor may seek to recertify the nuclear reactor in 
        accordance with this section.
            (2) Limitation.--Notwithstanding any other provision of 
        this section, the Secretary may not allocate 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 regulation, 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 certified 
                nuclear reactor.
            (3) Confidentiality.--The Secretary shall establish 
        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.
    (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 credits in 
        avoiding air pollutants while ensuring grid reliability;
            (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. 3301. 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 Energy Infrastructure Act'';
            (2) in the undesignated matter following subsection (b)(3), 
        by striking ``the date of the enactment of this section'' and 
        inserting ``the date of enactment of the Energy Infrastructure 
        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. 3302. 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 ``incentives'' 
        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 inserting 
                        ``$5,000,000''; and
                            (ii) by inserting ``in any 1 fiscal year'' 
                        before the period at the end; and
            (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 section 243 and inserting the following:

``243. Hydroelectric efficiency improvement incentives.''.

SEC. 3303. 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 Facility.--In this 
section, the term `qualified hydroelectric facility' means a 
hydroelectric project that--
            ``(1)(A) is licensed by the Federal Energy Regulatory 
        Commission; or
            ``(B) is a hydroelectric project constructed, operated, or 
        maintained pursuant to a permit or valid existing right-of-way 
        granted prior to June 10, 1920, or 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 enactment 
        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 result 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 sediments;
            ``(2) improving dam safety to ensure acceptable performance 
        under all loading conditions (including static, hydrologic, and 
        seismic conditions), including--
                    ``(A) the maintenance or upgrade of spillways 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 protection 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 retained 
                or released by a qualified hydroelectric facility;
                    ``(C) promoting downstream sediment transport 
                processes and habitat maintenance; and
                    ``(D) improving recreational access to the project 
                vicinity, including roads, trails, boat ingress and 
                egress, flows to improve recreation, and infrastructure 
                that improves river recreation opportunity.
    ``(c) Limitations.--
            ``(1) Costs.--Incentive payments under this section shall 
        not exceed 30 percent of the costs of the applicable capital 
        improvement.
            ``(2) Maximum amount.--Not more than 1 incentive 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.''.

SEC. 3304. PUMPED STORAGE HYDROPOWER WIND AND SOLAR INTEGRATION AND 
              SYSTEM RELIABILITY 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 following:
    ``(e) Pumped Storage Hydropower Wind and Solar Integration and 
System Reliability Initiative.--
            ``(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 utility; 
                        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 organization;
                    ``(C) a State energy office;
                    ``(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 September 30, 
                2023, the Secretary shall, to the maximum extent 
                practicable, enter into an agreement with an eligible 
                entity to provide financial assistance to the eligible 
                entity to carry out project design, transmission 
                studies, power market assessments, and permitting for a 
                pumped storage hydropower project to facilitate the 
                long-duration storage of intermittent renewable 
                electricity.
                    ``(B) Project requirements.--To be eligible for 
                financial assistance under subparagraph (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 
                        capacity for use in more than 1 organized 
                        electricity market;
                            ``(iii) be able to store electricity 
                        generated by intermittent renewable electricity 
                        projects located on Tribal land; and
                            ``(iv) have received a preliminary permit 
                        from the Federal Energy Regulatory Commission.
                    ``(C) Matching requirement.--An eligible 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. 3305. AUTHORITY FOR PUMPED STORAGE HYDROPOWER DEVELOPMENT USING 
              MULTIPLE BUREAU 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 development'' and 
        inserting ``and reserve to the Secretary the exclusive 
        authority to develop small conduit hydropower using Bureau of 
        Reclamation facilities and 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 Reclamation 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. 3306. 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 Office 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.
            (5) Project.--The term ``project'' means a proposed pumped 
        storage facility that--
                    (A) would use multiple Bureau of Reclamation 
                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 of power privilege pursuant to 
section 9(c)(1) of the Reclamation Project Act of 1939 (43 U.S.C. 
485h(c)(1)) (as amended by section 3305) for a project unless--
            (1) the proposed lessee and the Tribes have entered 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 subsection (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 comments and study 
                requests about the project previously submitted to the 
                Commission;
                    (B) allow for the parties to submit additional 
                comments and study requests if any aspect of the 
                project, as proposed, differs from an aspect of the 
                project, as described in a preapplication document 
                provided to the Commission;
                    (C) except as expressly agreed to by the parties or 
                as provided in paragraph (2) or subsection (d), require 
                that the proposed lessee conduct each study described 
                in--
                            (i) a study request about the project 
                        previously submitted to the Commission; or
                            (ii) any additional study request submitted 
                        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 Confederated 
                        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 disputes 
                between the parties regarding implementation and 
                enforcement of the study plan agreement; 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 subparagraph 
                (A) may include the view of a proposed lessee that an 
                additional study request submitted 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 
                determination regarding a dispute under subparagraph 
                (A) not later than 120 days after the date on which the 
                Director receives notice of the dispute under that 
                subparagraph.
    (d) Study Plan.--
            (1) In general.--The proposed lessee shall submit 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 subsection 
                (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 requirements that 
                the Secretary determines are necessary to adequately 
                define the potential effects of the project on--
                            (i) the exercise of the paramount hunting, 
                        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 determination.
                    (B) Final determination.--Not later than 120 days 
                after the date on which the Director receives an 
                objection under subparagraph (A), the Director shall--
                            (i) hold a hearing on the record regarding 
                        the objection; and
                            (ii) make a final determination that 
                        establishes the study plan, including a 
                        description of studies the proposed lessee is 
                        required to perform.
            (4) No objections.--If no objections are submitted by the 
        deadline described in paragraph (3)(A), the initial 
        determination of the Secretary under paragraph (2) shall be 
        final.
    (e) Conditions of Lease.--
            (1) Consistency with rights of tribes; protection, 
        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 
                        consistent 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 Stat. 
                        703, chapter 460; 16 U.S.C. 835d et seq.); and
                            (ii) to adequately and equitably protect, 
                        mitigate damages to, and enhance fish and 
                        wildlife, including related spawning grounds 
                        and habitat, affected by the development, 
                        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 
                        determines that any recommendation of the 
                        Tribes under subparagraph (B) is not reasonably 
                        calculated to ensure the project is consistent 
                        with subparagraph (A) or is inconsistent with 
                        the requirements of the Reclamation 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 
                        recommendations and expertise of the Tribes.
                            (ii) Publication of findings.--If, after an 
                        attempt to resolve an inconsistency under 
                        clause (i), the Secretary does not adopt in 
                        whole or in part a recommendation of the Tribes 
                        under subparagraph (B), the Secretary shall 
                        issue each of the following findings, including 
                        a statement of the basis for each of the 
                        findings:
                                    (I) A finding that adoption of the 
                                recommendation is inconsistent with the 
                                requirements of the Reclamation Project 
                                Act of 1939 (43 U.S.C. 485 et seq.).
                                    (II) A finding that the conditions 
                                selected by the Secretary to be 
                                contained in the lease of power 
                                privilege under subparagraph (A) comply 
                                with the requirements of clauses (i) 
                                and (ii) of that subparagraph.
            (2) Annual charges payable by licensee.--
                    (A) In general.--Subject to subparagraph (B), any 
                lease of power privilege issued by the Secretary for a 
                project under subsection (b) shall contain conditions 
                that require the lessee of the project to make direct 
                payments to the Tribes through reasonable annual 
                charges in an amount that recompenses the Tribes for 
                any adverse economic effect of the project identified 
                in a study performed pursuant to the study plan 
                agreement for the project.
                    (B) Agreement.--
                            (i) In general.--The amount of the annual 
                        charges described in subparagraph (A) shall be 
                        established through agreement between the 
                        proposed lessee and the Tribes.
                            (ii) Condition.--The agreement under clause 
                        (i), including any modification of the 
                        agreement, shall be deemed to be a condition to 
                        the lease of power privilege issued by the 
                        Secretary for a project under subsection (b).
                    (C) Dispute resolution.--
                            (i) In general.--If the proposed lessee and 
                        the Tribes cannot agree to the terms of an 
                        agreement under subparagraph (B)(i), the 
                        proposed lessee and the Tribes shall submit 
                        notice of the dispute to the Director.
                            (ii) Resolution.--The Director shall 
                        resolve the dispute described in clause (i) not 
                        later than 180 days after the date on which the 
                        Director receives notice of the dispute under 
                        that clause.
            (3) Additional conditions.--The Secretary may include in 
        any lease of power privilege issued by the Secretary for a 
        project under subsection (b) other conditions determined 
        appropriate by the Secretary, on the condition that the 
        conditions shall be consistent with the Reclamation Project Act 
        of 1939 (43 U.S.C. 485 et seq.).
            (4) Consultation.--In establishing conditions under this 
        subsection, the Secretary shall consult with the Tribes.
    (f) Deadlines.--The Secretary or any officer of the Office of 
Hearing and Appeals before whom a proceeding is pending under this 
section may extend any deadline or enlarge any timeframe described in 
this section--
            (1) at the discretion of the Secretary or the officer; or
            (2) on a showing of good cause by any party.
    (g) Judicial Review.--Any final action of the Secretary or the 
Director made pursuant to this section shall be subject to judicial 
review in accordance with chapter 7 of title 5, United States Code.
    (h) Effect on Other Projects.--Nothing in this section establishes 
any precedent or is binding on any Bureau of Reclamation lease of power 
privilege, other than for a project.

                       Subtitle E--Miscellaneous

SEC. 3401. SOLAR ENERGY TECHNOLOGIES ON CURRENT AND FORMER MINE LAND.

    Section 3004 of the Energy Act of 2020 (42 U.S.C. 16238) is 
amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (6) through (15) as 
                paragraphs (7) through (16), respectively; and
                    (B) by inserting after paragraph (5) the following:
            ``(6) Mine land.--The term `mine land' means--
                    ``(A) land subject to titles IV and V of the 
                Surface Mining Control and Reclamation Act of 1977 (30 
                U.S.C. 1231 et seq.; 30 U.S.C. 1251 et seq.); and
                    ``(B) land that has been claimed or patented 
                subject to sections 2319 through 2344 of the Revised 
                Statutes (commonly known as the `Mining Law of 1872') 
                (30 U.S.C. 22 et seq.).''; and
            (2) in subsection (b)(6)(B)--
                    (A) in the matter preceding clause (i), by 
                inserting ``, in consultation with the Secretary of the 
                Interior and the Administrator of the Environmental 
                Protection Agency for purposes of clause (iv),'' after 
                ``the Secretary'';
                    (B) in clause (iii), by striking ``and'' after the 
                semicolon;
                    (C) by redesignating clause (iv) as clause (v); and
                    (D) by inserting after clause (iii) the following:
                            ``(iv) a description of the technical and 
                        economic viability of siting solar energy 
                        technologies on current and former mine land, 
                        including necessary interconnection and 
                        transmission siting and the impact on local job 
                        creation; and''.

SEC. 3402. CLEAN ENERGY DEMONSTRATION PROGRAM ON CURRENT AND FORMER 
              MINE LAND.

    (a) Definitions.--In this section:
            (1) Clean energy project.--The term ``clean energy 
        project'' means a project that demonstrates 1 or more of the 
        following technologies:
                    (A) Solar.
                    (B) Micro-grids.
                    (C) Geothermal.
                    (D) Direct air capture.
                    (E) Fossil-fueled electricity generation with 
                carbon capture, utilization, and sequestration.
                    (F) Energy storage, including pumped storage 
                hydropower and compressed air storage.
                    (G) Advanced nuclear technologies.
            (2) 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)).
            (3) Mine land.--The term ``mine land'' means--
                    (A) land subject to titles IV and V of the Surface 
                Mining Control and Reclamation Act of 1977 (30 U.S.C. 
                1231 et seq.; 30 U.S.C. 1251 et seq.); and
                    (B) land that has been claimed or patented subject 
                to sections 2319 through 2344 of the Revised Statutes 
                (commonly known as the ``Mining Law of 1872'') (30 
                U.S.C. 22 et seq.).
            (4) Program.--The term ``program'' means the demonstration 
        program established under subsection (b).
    (b) Establishment.--The Secretary shall establish a program to 
demonstrate the technical and economic viability of carrying out clean 
energy projects on current and former mine land.
    (c) Selection of Demonstration Projects.--
            (1) In general.--In carrying out the program, the Secretary 
        shall select not more than 5 clean energy projects, to be 
        carried out in geographically diverse regions, at least 2 of 
        which shall be solar projects.
            (2) Eligibility.--To be eligible to be selected for 
        participation in the program under paragraph (1), a clean 
        energy project shall demonstrate, as determined by the 
        Secretary, a technology on a current or former mine land site 
        with a reasonable expectation of commercial viability.
            (3) Priority.--In selecting clean energy projects for 
        participation in the program under paragraph (1), the Secretary 
        shall prioritize clean energy projects that will--
                    (A) be carried out in a location where the greatest 
                number of jobs can be created from the successful 
                demonstration of the clean energy project;
                    (B) provide the greatest net impact in avoiding or 
                reducing greenhouse gas emissions;
                    (C) provide the greatest domestic job creation 
                (both directly and indirectly) during the 
                implementation of the clean energy project;
                    (D) provide the greatest job creation and economic 
                development in the vicinity of the clean energy 
                project, particularly--
                            (i) in economically distressed areas; and
                            (ii) with respect to dislocated workers who 
                        were previously employed in manufacturing, coal 
                        power plants, or coal mining;
                    (E) have the greatest potential for technological 
                innovation and commercial deployment;
                    (F) have the lowest levelized cost of generated or 
                stored energy;
                    (G) have the lowest rate of greenhouse gas 
                emissions per unit of electricity generated or stored; 
                and
                    (H) have the shortest project time from permitting 
                to completion.
            (4) Project selection.--The Secretary shall solicit 
        proposals for clean energy projects and select clean energy 
        project finalists in consultation with the Secretary of the 
        Interior, the Administrator of the Environmental Protection 
        Agency, and the Secretary of Labor.
            (5) Compatibility with existing operations.--Prior to 
        selecting a clean energy project for participation in the 
        program under paragraph (1), the Secretary shall consult with, 
        as applicable, mining claimholders or operators or the relevant 
        Office of Surface Mining Reclamation and Enforcement Abandoned 
        Mine Land program office to confirm--
                    (A) that the proposed project is compatible with 
                any current mining, exploration, or reclamation 
                activities; and
                    (B) the valid existing rights of any mining 
                claimholders or operators.
    (d) Consultation.--The Secretary shall consult with the Director of 
the Office of Surface Mining Reclamation and Enforcement and the 
Administrator of the Environmental Protection Agency, acting through 
the Office of Brownfields and Land Revitalization, to determine whether 
it is necessary to promulgate regulations or issue guidance in order to 
prioritize and expedite the siting of clean energy projects on current 
and former mine land sites.
    (e) Technical Assistance.--The Secretary shall provide technical 
assistance to project applicants selected for participation in the 
program under subsection (c) to assess the needed interconnection, 
transmission, and other grid components and permitting and siting 
necessary to interconnect, on current and former mine land where the 
project will be sited, any generation or storage with the electric 
grid.
    (f) 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. 3403. LEASES, EASEMENTS, AND RIGHTS-OF-WAY FOR ENERGY AND RELATED 
              PURPOSES ON THE OUTER CONTINENTAL SHELF.

    Section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1337(p)(1)(C)) is amended by inserting ``storage,'' before ``or 
transmission''.

TITLE IV--ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA COLLECTION

             Subtitle A--Department of Energy Loan Program

SEC. 4001. DEPARTMENT OF ENERGY LOAN PROGRAMS.

    (a) Title XVII Innovative Energy Loan Guarantee Program.--
            (1) Reasonable prospect of repayment.--Section 1702(d)(1) 
        of the Energy Policy Act of 2005 (42 U.S.C. 16512(d)(1)) is 
        amended--
                    (A) by striking the paragraph designation and 
                heading and all that follows through ``No guarantee'' 
                and inserting the following:
            ``(1) Requirement.--
                    ``(A) In general.--No guarantee''; and
                    (B) by adding at the end the following:
                    ``(B) Reasonable prospect of repayment.--The 
                Secretary shall base a determination of whether there 
                is reasonable prospect of repayment under subparagraph 
                (A) on a comprehensive evaluation of whether the 
                borrower has a reasonable prospect of repaying the 
                guaranteed obligation for the eligible project, 
                including, as applicable, an evaluation of--
                            ``(i) the strength of the contractual terms 
                        of the eligible project (if commercially 
                        reasonably available);
                            ``(ii) the forecast of noncontractual cash 
                        flows supported by market projections from 
                        reputable sources, as determined by the 
                        Secretary;
                            ``(iii) cash sweeps and other structure 
                        enhancements;
                            ``(iv) the projected financial strength of 
                        the borrower--
                                    ``(I) at the time of loan close; 
                                and
                                    ``(II) throughout the loan term 
                                after the project is completed;
                            ``(v) the financial strength of the 
                        investors and strategic partners of the 
                        borrower, if applicable; and
                            ``(vi) other financial metrics and analyses 
                        that are relied on by the private lending 
                        community and nationally recognized credit 
                        rating agencies, as determined appropriate by 
                        the Secretary.''.
            (2) Loan guarantees for projects that increase the 
        domestically produced supply of critical minerals.--
                    (A) In general.--Section 1703(b) of the Energy 
                Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by 
                adding at the end the following:
            ``(13) Projects that increase the domestically produced 
        supply of critical minerals (as defined in section 7002(a) of 
        the Energy Act of 2020 (30 U.S.C. 1606(a)), including through 
        the production, processing, manufacturing, recycling, or 
        fabrication of mineral alternatives.''.
                    (B) Prohibition on use of previously appropriated 
                funds.--Amounts appropriated to the Department of 
                Energy before the date of enactment of this Act shall 
                not be made available for the cost of loan guarantees 
                made under paragraph (13) of section 1703(b) of the 
                Energy Policy Act of 2005 (42 U.S.C. 16513(b)).
                    (C) Prohibition on use of previously available 
                commitment authority.--Amounts made available to the 
                Department of Energy for commitments to guarantee loans 
                under section 1703 of the Energy Policy Act of 2005 (42 
                U.S.C. 16513) before the date of enactment of this Act 
                shall not be made available for commitments to 
                guarantee loans for projects described in paragraph 
                (13) of section 1703(b) of the Energy Policy Act of 
                2005 (42 U.S.C. 16513(b)).
            (3) Conflicts of interest.--Section 1702 of the Energy 
        Policy Act of 2005 (42 U.S.C. 16512) is amended by adding at 
        the end the following:
    ``(r) Conflicts of Interest.--For each project selected for a 
guarantee under this title, the Secretary shall certify that political 
influence did not impact the selection of the project.''.
    (b) Advanced Technology Vehicle Manufacturing.--
            (1) Eligibility.--Section 136(a)(1) of the Energy 
        Independence and Security Act of 2007 (42 U.S.C. 17013(a)(1)) 
        is amended--
                    (A) in subparagraph (C), by striking the period at 
                the end and inserting a semicolon;
                    (B) by redesignating subparagraphs (A) through (C) 
                as clauses (i) through (iii), respectively, and 
                indenting appropriately;
                    (C) in the matter preceding clause (i) (as so 
                redesignated), by striking ``means an ultra'' and 
                inserting the following: ``means--
                    ``(A) an ultra''; and
                    (D) by adding at the end the following:
                    ``(B) a medium duty vehicle or a heavy duty vehicle 
                that exceeds 125 percent of the greenhouse gas 
                emissions and fuel efficiency standards established by 
                the final rule of the Environmental Protection Agency 
                entitled `Greenhouse Gas Emissions and Fuel Efficiency 
                Standards for Medium- and Heavy-Duty Engines and 
                Vehicles--Phase 2' (81 Fed. Reg. 73478 (October 25, 
                2016));
                    ``(C) a train or locomotive;
                    ``(D) a maritime vessel;
                    ``(E) an aircraft; and
                    ``(F) hyperloop technology.''.
            (2) Reasonable prospect of repayment.--Section 136(d) of 
        the Energy Independence and Security Act of 2007 (42 U.S.C. 
        17013(d)) is amended--
                    (A) by striking paragraph (3) and inserting the 
                following:
            ``(3) Selection of eligible projects.--
                    ``(A) In general.--The Secretary shall select 
                eligible projects to receive loans under this 
                subsection if the Secretary determines that--
                            ``(i) the loan recipient--
                                    ``(I) has a reasonable prospect of 
                                repaying the principal and interest on 
                                the loan;
                                    ``(II) will provide sufficient 
                                information to the Secretary for the 
                                Secretary to ensure that the qualified 
                                investment is expended efficiently and 
                                effectively; and
                                    ``(III) has met such other criteria 
                                as may be established and published by 
                                the Secretary; and
                            ``(ii) the amount of the loan (when 
                        combined with amounts available to the loan 
                        recipient from other sources) will be 
                        sufficient to carry out the project.
                    ``(B) Reasonable prospect of repayment.--The 
                Secretary shall base a determination of whether there 
                is a reasonable prospect of repayment of the principal 
                and interest on a loan under subparagraph (A)(i)(I) on 
                a comprehensive evaluation of whether the loan 
                recipient has a reasonable prospect of repaying the 
                principal and interest, including, as applicable, an 
                evaluation of--
                            ``(i) the strength of the contractual terms 
                        of the eligible project (if commercially 
                        reasonably available);
                            ``(ii) the forecast of noncontractual cash 
                        flows supported by market projections from 
                        reputable sources, as determined by the 
                        Secretary;
                            ``(iii) cash sweeps and other structure 
                        enhancements;
                            ``(iv) the projected financial strength of 
                        the loan recipient--
                                    ``(I) at the time of loan close; 
                                and
                                    ``(II) throughout the loan term 
                                after the project is completed;
                            ``(v) the financial strength of the 
                        investors and strategic partners of the loan 
                        recipient, if applicable; and
                            ``(vi) other financial metrics and analyses 
                        that are relied on by the private lending 
                        community and nationally recognized credit 
                        rating agencies, as determined appropriate by 
                        the Secretary.''; and
                    (B) in paragraph (4)--
                            (i) in subparagraph (C), by striking 
                        ``and'' after the semicolon;
                            (ii) in subparagraph (D), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(E) shall be subject to the condition that the 
                loan is not subordinate to other financing.''.
            (3) Additional reforms.--Section 136 of the Energy 
        Independence and Security Act of 2007 (42 U.S.C. 17013) is 
        amended--
                    (A) in subsection (b) by striking ``ultra efficient 
                vehicle manufacturers, and component suppliers'' and 
                inserting ``ultra efficient vehicle manufacturers, 
                advanced technology vehicle manufacturers, and 
                component suppliers'';
                    (B) in subsection (h)--
                            (i) in the subsection heading, by striking 
                        ``Automobile'' and inserting ``Advanced 
                        Technology Vehicle''; and
                            (ii) in paragraph (1)(B), by striking 
                        ``automobiles, or components of automobiles'' 
                        and inserting ``advanced technology vehicles, 
                        or components of advanced technology 
                        vehicles'';
                    (C) by striking subsection (i);
                    (D) by redesignating subsection (j) as subsection 
                (i); and
                    (E) by adding at the end the following:
    ``(j) Coordination.--In carrying out this section, the Secretary 
shall coordinate with relevant vehicle, bioenergy, and hydrogen and 
fuel cell demonstration project activities supported by the Department.
    ``(k) Outreach.--In carrying out this section, the Secretary 
shall--
            ``(1) provide assistance with the completion of 
        applications for awards or loans under this section; and
            ``(2) conduct outreach, including through conferences and 
        online programs, to disseminate information on awards and loans 
        under this section to potential applicants.
    ``(l) Prohibition on Use of Appropriated Funds.--Amounts 
appropriated to the Secretary before the date of enactment of this 
subsection shall not be available to the Secretary to provide awards 
under subsection (b) or loans under subsection (d) for the costs of 
activities that were not eligible for those awards or loans on the day 
before that date.
    ``(m) Report.--Not later than 2 years after the date of enactment 
of this subsection, and every 3 years thereafter, the Secretary shall 
submit to Congress a report on the status of projects supported by a 
loan under this section, including--
            ``(1) a list of projects receiving a loan under this 
        section, including the loan amount and construction status of 
        each project;
            ``(2) the status of the loan repayment for each project, 
        including future repayment projections;
            ``(3) data regarding the number of direct and indirect jobs 
        retained, restored, or created by financed projects;
            ``(4) the number of new projects projected to receive a 
        loan under this section in the next 2 years, including the 
        projected aggregate loan amount over the next 2 years;
            ``(5) evaluation of ongoing compliance with the assurances 
        and commitments, and of the predictions, made by applicants 
        pursuant to paragraphs (2) and (3) of subsection (d);
            ``(6) the total number of applications received by the 
        Department each year; and
            ``(7) any other metrics the Secretary determines 
        appropriate.''.
            (4) Conflicts of interest.--Section 136(d) of the Energy 
        Independence and Security Act of 2007 (42 U.S.C. 17013(d)) is 
        amended by adding at the end the following:
            ``(5) Conflicts of interest.--For each eligible project 
        selected to receive a loan under this subsection, the Secretary 
        shall certify that political influence did not impact the 
        selection of the eligible project.''.
    (c) State Loan Eligibility.--
            (1) Definitions.--Section 1701 of the Energy Policy Act of 
        2005 (42 U.S.C. 16511) is amended by adding at the end the 
        following:
            ``(6) State.--The term `State' has the meaning given the 
        term in section 202 of the Energy Conservation and Production 
        Act (42 U.S.C. 6802).
            ``(7) State energy financing institution.--
                    ``(A) In general.--The term `State energy financing 
                institution' means a quasi-independent entity or an 
                entity within a State agency or financing authority 
                established by a State--
                            ``(i) to provide financing support or 
                        credit enhancements, including loan guarantees 
                        and loan loss reserves, for eligible projects; 
                        and
                            ``(ii) to create liquid markets for 
                        eligible projects, including warehousing and 
                        securitization, or take other steps to reduce 
                        financial barriers to the deployment of 
                        existing and new eligible projects.
                    ``(B) Inclusion.--The term `State energy financing 
                institution' includes an entity or organization 
                established to achieve the purposes described in 
                clauses (i) and (ii) of subparagraph (A) by an Indian 
                Tribal entity or an Alaska Native Corporation.''.
            (2) Terms and conditions.--Section 1702 of the Energy 
        Policy Act of 2005 (42 U.S.C. 16512) is amended--
                    (A) in subsection (a), by inserting ``, including 
                projects receiving financial support or credit 
                enhancements from a State energy financing 
                institution,'' after ``for projects'';
                    (B) in subsection (d)(1), by inserting ``, 
                including a guarantee for a project receiving financial 
                support or credit enhancements from a State energy 
                financing institution,'' after ``No guarantee''; and
                    (C) by adding at the end the following:
    ``(r) State Energy Financing Institutions.--
            ``(1) Eligibility.--To be eligible for a guarantee under 
        this title, a project receiving financial support or credit 
        enhancements from a State energy financing institution--
                    ``(A) shall meet the requirements of section 
                1703(a)(1); and
                    ``(B) shall not be required to meet the 
                requirements of section 1703(a)(2).
            ``(2) Partnerships authorized.--In carrying out a project 
        receiving a loan guarantee under this title, State energy 
        financing institutions may enter into partnerships with private 
        entities, Tribal entities, and Alaska Native corporations.
            ``(3) Prohibition on use of appropriated funds.--Amounts 
        appropriated to the Department of Energy before the date of 
        enactment of this subsection shall not be available to be used 
        for the cost of loan guarantees for projects receiving 
        financing support or credit enhancements under this 
        subsection.''.
    (d) Loan Guarantees for Certain Alaska Natural Gas Transportation 
Projects and Systems.--Section 116 of the Alaska Natural Gas Pipeline 
Act (15 U.S.C. 720n) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``to West Coast 
                States''; and
                    (B) in paragraph (3), in the second sentence, by 
                striking ``to the continental United States'';
            (2) in subsection (b)(1), in the first sentence, by 
        striking ``to West Coast States''; and
            (3) in subsection (g)(4)--
                    (A) by inserting by striking ``plants liquification 
                plants and'' and inserting ``plants, liquification 
                plants, and'';
                    (B) by striking ``to the West Coast''; and
                    (C) by striking ``to the continental United 
                States''.

             Subtitle B--Energy Information Administration

SEC. 4101. DEFINITIONS.

    In this subtitle:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Energy Information Administration.
            (2) Annual critical minerals outlook.--The term ``Annual 
        Critical Minerals Outlook'' means the Annual Critical Minerals 
        Outlook prepared under section 7002(j)(1)(B) of the Energy Act 
        of 2020 (30 U.S.C. 1606(j)(1)(B)).
            (3) 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)).
            (4) Household energy burden.--The term ``household energy 
        burden'' means the quotient obtained by dividing--
                    (A) the residential energy expenditures (as defined 
                in section 440.3 of title 10, Code of Federal 
                Regulations (as in effect on the date of enactment of 
                this Act)) of the applicable household; by
                    (B) the annual income of that household.
            (5) Household with a high energy burden.--The term 
        ``household with a high energy burden'' has the meaning given 
        the term in section 440.3 of title 10, Code of Federal 
        Regulations (as in effect on the date of enactment of this 
        Act).
            (6) Large manufacturing facility.--The term ``large 
        manufacturing facility'' means a manufacturing facility that--
                    (A) annually consumes more than 35,000 megawatt-
                hours of electricity; or
                    (B) has a peak power demand of more than 10 
                megawatts.
            (7) Load-serving entity.--The term ``load-serving entity'' 
        has the meaning given the term in section 217(a) of the Federal 
        Power Act (16 U.S.C. 824q(a)).
            (8) Miscellaneous electric load.--The term ``miscellaneous 
        electric load'' means electricity that--
                    (A) is used by an appliance or device--
                            (i) within a building; or
                            (ii) to serve a building; and
                    (B) is not used for heating, ventilation, air 
                conditioning, lighting, water heating, or 
                refrigeration.
            (9) Regional transmission organization.--The term 
        ``Regional Transmission Organization'' has the meaning given 
        the term in section 3 of the Federal Power Act (16 U.S.C. 796).
            (10) Rural area.--The term ``rural area'' has the meaning 
        given the term in section 609(a) of the Public Utility 
        Regulatory Policies Act of 1978 (7 U.S.C. 918c(a)).

SEC. 4102. DATA COLLECTION IN THE ELECTRICITY SECTOR.

    (a) Dashboard.--
            (1) Establishment.--
                    (A) In general.--Not later than 90 days after the 
                date of enactment of this Act, the Administrator shall 
                establish an online database to track the operation of 
                the bulk power system in the contiguous 48 States 
                (referred to in this section as the ``Dashboard'').
                    (B) Improvement of existing dashboard.--The 
                Dashboard may be established through the improvement, 
                in accordance with this subsection, of an existing 
                dashboard of the Energy Information Administration, 
                such as--
                            (i) the U.S. Electric System Operating Data 
                        dashboard; or
                            (ii) the Hourly Electric Grid Monitor.
            (2) Expansion.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Administrator shall 
                expand the Dashboard to include, to the maximum extent 
                practicable, hourly operating data collected from the 
                electricity balancing authorities that operate the bulk 
                power system in all of the several States, each 
                territory of the United States, and the District of 
                Columbia.
                    (B) Types of data.--The hourly operating data 
                collected under subparagraph (A) may include data 
                relating to--
                            (i) total electricity demand;
                            (ii) electricity demand by subregion;
                            (iii) short-term electricity demand 
                        forecasts;
                            (iv) total electricity generation;
                            (v) net electricity generation by fuel 
                        type, including renewables;
                            (vi) electricity stored and discharged;
                            (vii) total net electricity interchange;
                            (viii) electricity interchange with 
                        directly interconnected balancing authorities; 
                        and
                            (ix) where available, the estimated 
                        marginal greenhouse gas emissions per megawatt 
                        hour of electricity generated--
                                    (I) within the metered boundaries 
                                of each balancing authority; and
                                    (II) for each pricing node.
    (b) Mix of Energy Sources.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall establish, in 
        accordance with section 4109 and this subsection and to the 
        extent the Administrator determines to be appropriate, a system 
        to harmonize the operating data on electricity generation 
        collected under subsection (a) with--
                    (A) measurements of greenhouse gas and other 
                pollutant emissions collected by the Environmental 
                Protection Agency;
                    (B) other data collected by the Environmental 
                Protection Agency or other relevant Federal agencies, 
                as the Administrator determines to be appropriate; and
                    (C) data collected by State or regional energy 
                credit registries.
            (2) Outcomes.--The system established under paragraph (1) 
        shall result in an integrated dataset that includes, for any 
        given time--
                    (A) the net generation of electricity by megawatt 
                hour within the metered boundaries of each balancing 
                authority; and
                    (B) where available, the average and marginal 
                greenhouse gas emissions by megawatt hour of 
                electricity generated within the metered boundaries of 
                each balancing authority.
            (3) Real-time data dissemination.--To the maximum extent 
        practicable, the system established under paragraph (1) shall 
        disseminate data--
                    (A) on a real-time basis; and
                    (B) through an application programming interface 
                that is publicly accessible.
            (4) Complementary efforts.--The system established under 
        paragraph (1) shall complement any existing data dissemination 
        efforts of the Administrator that make use of electricity 
        generation data, such as electricity demand by subregion and 
        electricity interchange with directly interconnected balancing 
        authorities.
    (c) Observed Characteristics of Bulk Power System Resource 
Integration.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall establish a 
        system to provide to the public timely data on the integration 
        of energy resources into the bulk power system and the electric 
        distribution grids in the United States, and the observed 
        effects of that integration.
            (2) Requirements.--In carrying out paragraph (1), the 
        Administrator shall seek to improve the temporal and spatial 
        resolution of data relating to how grid operations are 
        changing, such as through--
                    (A) thermal generator cycling to accommodate 
                intermittent generation;
                    (B) generation unit self-scheduling practices;
                    (C) renewable source curtailment;
                    (D) utility-scale storage;
                    (E) load response;
                    (F) aggregations of distributed energy resources at 
                the distribution system level;
                    (G) power interchange between directly connected 
                balancing authorities;
                    (H) expanding Regional Transmission Organization 
                balancing authorities;
                    (I) improvements in real-time--
                            (i) accuracy of locational marginal prices; 
                        and
                            (ii) signals to flexible demand; and
                    (J) disruptions to grid operations, including 
                disruptions caused by cyber sources, physical sources, 
                extreme weather events, or other sources.
    (d) Distribution System Operations.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall establish a 
        system to provide to the public timely data on the operations 
        of load-serving entities in the electricity grids of the United 
        States.
            (2) Requirements.--
                    (A) In general.--In carrying out paragraph (1), the 
                Administrator shall--
                            (i) not less frequently than annually, 
                        provide data on--
                                    (I) the delivered generation 
                                resource mix for each load-serving 
                                entity; and
                                    (II) the distributed energy 
                                resources operating within each service 
                                area of a load-serving entity;
                            (ii) harmonize the data on delivered 
                        generation resource mix described in clause 
                        (i)(I) with measurements of greenhouse gas 
                        emissions collected by the Environmental 
                        Protection Agency;
                            (iii) to the maximum extent practicable, 
                        disseminate the data described in clause (i)(I) 
                        and the harmonized data described in clause 
                        (ii) on a real-time basis; and
                            (iv) provide historical data, beginning 
                        with the earliest calendar year practicable, 
                        but not later than calendar year 2020, on the 
                        delivered generation resource mix described in 
                        clause (i)(I).
                    (B) Data on the delivered generation resource 
                mix.--In collecting the data described in subparagraph 
                (A)(i)(I), the Administrator shall--
                            (i) use existing voluntary industry 
                        methodologies, including reporting protocols, 
                        databases, and emissions and energy use 
                        tracking software that provide consistent, 
                        timely, and accessible carbon emissions 
                        intensity rates for delivered electricity;
                            (ii) consider that generation and 
                        transmission entities may provide data on 
                        behalf of load-serving entities;
                            (iii) to the extent that the Administrator 
                        determines necessary, and in a manner designed 
                        to protect confidential information, require 
                        each load-serving entity to submit additional 
                        information as needed to determine the 
                        delivered generation resource mix of the load-
                        serving entity, including financial or 
                        contractual agreements for power and generation 
                        resource type attributes with respect to power 
                        owned by or retired by the load-serving entity; 
                        and
                            (iv) for any portion of the generation 
                        resource mix of a load-serving entity that is 
                        otherwise unaccounted for, develop a 
                        methodology to assign to the load-serving 
                        entity a share of the otherwise unaccounted for 
                        resource mix of the relevant balancing 
                        authority.

SEC. 4103. EXPANSION OF ENERGY CONSUMPTION SURVEYS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Administrator shall implement measures to expand the 
Manufacturing Energy Consumption Survey, the Commercial Building Energy 
Consumption Survey, and the Residential Energy Consumption Survey to 
include data on energy end use in order to facilitate the 
identification of--
            (1) opportunities to improve energy efficiency and energy 
        productivity;
            (2) changing patterns of energy use; and
            (3) opportunities to better understand and manage 
        miscellaneous electric loads.
    (b) Requirements.--
            (1) In general.--In carrying out subsection (a), the 
        Administrator shall--
                    (A) increase the scope and frequency of data 
                collection on energy end uses and services;
                    (B) use new data collection methods and tools in 
                order to obtain more comprehensive data and reduce the 
                burden on survey respondents, including by--
                            (i) accessing other existing data sources; 
                        and
                            (ii) if feasible, developing online and 
                        real-time reporting systems;
                    (C) identify and report community-level economic 
                and environmental impacts, including with respect to--
                            (i) the reliability and security of the 
                        energy supply; and
                            (ii) local areas with households with a 
                        high energy burden; and
                    (D) improve the presentation of data, including 
                by--
                            (i) enabling the presentation of data in an 
                        interactive cartographic format on a national, 
                        regional, State, and local level with the 
                        functionality of viewing various economic, 
                        energy, and demographic measures on an 
                        individual basis or in combination; and
                            (ii) incorporating the results of the data 
                        collection, methods, and tools described in 
                        subparagraphs (A) and (B) into existing and new 
                        digital distribution methods.
            (2) Manufacturing energy consumption survey.--With respect 
        to the Manufacturing Energy Consumption Survey, the 
        Administrator shall--
                    (A) implement measures to provide more detailed 
                representations of data by region;
                    (B) for large manufacturing facilities, break out 
                process heat use by required process temperatures in 
                order to facilitate the identification of opportunities 
                for cost reductions and energy efficiency or energy 
                productivity improvements;
                    (C) collect information on--
                            (i) energy source-switching capabilities, 
                        especially with respect to thermal processes 
                        and the efficiency of thermal processes;
                            (ii) the use of electricity, biofuels, 
                        hydrogen, or other alternative fuels to produce 
                        process heat; and
                            (iii) the use of demand response; and
                    (D) identify current and potential future 
                industrial clusters in which multiple firms and 
                facilities in a defined geographic area share the costs 
                and benefits of infrastructure for clean manufacturing, 
                such as--
                            (i) hydrogen generation, production, 
                        transport, use, and storage infrastructure; and
                            (ii) carbon dioxide capture, transport, 
                        use, and storage infrastructure.
            (3) Residential energy consumption survey.--With respect to 
        the Residential Energy Consumption Survey, the Administrator 
        shall--
                    (A) implement measures to provide more detailed 
                representations of data by--
                            (i) geographic area, including by State 
                        (for each State);
                            (ii) building type, including multi-family 
                        buildings;
                            (iii) household income;
                            (iv) location in a rural area; and
                            (v) other demographic characteristics, as 
                        determined by the Administrator; and
                    (B) report measures of--
                            (i) household electrical service capacity;
                            (ii) access to utility demand-side 
                        management programs and bill credits;
                            (iii) characteristics of the energy mix 
                        used to generate electricity in different 
                        regions; and
                            (iv) the household energy burden for 
                        households--
                                    (I) in different geographic areas;
                                    (II) by electricity, heating, and 
                                other end-uses; and
                                    (III) with different demographic 
                                characteristics that correlate with 
                                increased household energy burden, 
                                including--
                                            (aa) having a low household 
                                        income;
                                            (bb) being a minority 
                                        household;
                                            (cc) residing in 
                                        manufactured or multifamily 
                                        housing;
                                            (dd) being in a fixed or 
                                        retirement income household;
                                            (ee) residing in rental 
                                        housing; and
                                            (ff) other factors, as 
                                        determined by the 
                                        Administrator.

SEC. 4104. DATA COLLECTION ON ELECTRIC VEHICLE INTEGRATION WITH THE 
              ELECTRICITY GRIDS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Administrator shall develop and implement measures to 
expand data collection with respect to electric vehicle integration 
with the electricity grids.
    (b) Sources of Data.--The sources of the data collected pursuant to 
subsection (a) may include--
            (1) host-owned or charging-network-owned electric vehicle 
        charging stations;
            (2) aggregators of charging-network electricity demand;
            (3) electric utilities offering managed-charging programs;
            (4) individual, corporate, or public owners of electric 
        vehicles; and
            (5) balancing authority analyses of--
                    (A) transformer loading congestion; and
                    (B) distribution-system congestion.
    (c) Consultation and Coordination.--In carrying out subsection (a), 
the Administrator may consult and enter into agreements with other 
institutions having relevant data and data collection capabilities, 
such as--
            (1) the Secretary of Transportation;
            (2) the Secretary;
            (3) the Administrator of the Environmental Protection 
        Agency;
            (4) States or State agencies; and
            (5) private entities.

SEC. 4105. PLAN FOR THE MODELING AND FORECASTING OF DEMAND FOR MINERALS 
              USED IN THE ENERGY SECTOR.

    (a) Plan.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Administrator, in coordination with 
        the Director of the United States Geological Survey, shall 
        develop a plan for the modeling and forecasting of demand for 
        energy technologies, including for energy production, 
        transmission, or storage purposes, that use minerals that are 
        or could be designated as critical minerals.
            (2) Inclusions.--The plan developed under paragraph (1) 
        shall identify--
                    (A) the type and quantity of minerals consumed, 
                delineated by energy technology;
                    (B) existing markets for manufactured energy-
                producing, energy-transmission, and energy-storing 
                equipment; and
                    (C) emerging or potential markets for new energy-
                producing, energy-transmission, and energy-storing 
                technologies entering commercialization.
    (b) Metrics.--The plan developed under subsection (a)(1) shall 
produce forecasts of energy technology demand--
            (1) over the 1-year, 5-year, and 10-year periods beginning 
        on the date on which development of the plan is completed;
            (2) by economic sector; and
            (3) according to any other parameters that the 
        Administrator, in collaboration with the Secretary of the 
        Interior, acting through the Director of the United States 
        Geological Survey, determines are needed for the Annual 
        Critical Minerals Outlook.
    (c) Collaboration.--The Administrator shall develop the plan under 
subsection (a)(1) in consultation with--
            (1) the Secretary with respect to the possible trajectories 
        of emerging energy-producing and energy-storing technologies; 
        and
            (2) the Secretary of the Interior, acting through the 
        Director of the United States Geological Survey--
                    (A) to ensure coordination;
                    (B) to avoid duplicative effort; and
                    (C) to align the analysis of demand with data and 
                analysis of where the minerals are produced, refined, 
                and subsequently processed into materials and parts 
                that are used to build energy technologies.

SEC. 4106. EXPANSION OF INTERNATIONAL ENERGY DATA.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Administrator shall implement measures to expand and 
improve the international energy data resources of the Energy 
Information Administration in order to understand--
            (1) the production and use of energy in various countries;
            (2) changing patterns of energy use internationally;
            (3) the relative costs and environmental impacts of energy 
        production and use internationally; and
            (4) plans for or construction of major energy facilities or 
        infrastructure.
    (b) Requirements.--In carrying out subsection (a), the 
Administrator shall--
            (1) work with, and leverage the data resources of, the 
        International Energy Agency;
            (2) include detail on energy consumption by fuel, economic 
        sector, and end use within countries for which data are 
        available;
            (3) collect relevant measures of energy use, including--
                    (A) cost; and
                    (B) emissions intensity; and
            (4) provide tools that allow for straightforward country-
        to-country comparisons of energy production and consumption 
        across economic sectors and end uses.

SEC. 4107. PLAN FOR THE NATIONAL ENERGY MODELING SYSTEM.

    Not later than 180 days after the date of enactment of this Act, 
the Administrator shall develop a plan to identify any need or 
opportunity to update or further the capabilities of the National 
Energy Modeling System, including with respect to--
            (1) treating energy demand endogenously;
            (2) increased natural gas usage and increased market 
        penetration of renewable energy;
            (3) flexible operating modes of nuclear power plants, such 
        as load following and frequency control;
            (4) tools to model multiple-output energy systems that 
        provide hydrogen, high-value heat, electricity, and chemical 
        synthesis services, including interactions of those energy 
        systems with the electricity grids, pipeline networks, and the 
        broader economy;
            (5) demand response and improved representation of energy 
        storage, including long-duration storage, in capacity expansion 
        models;
            (6) electrification, particularly with respect to the 
        transportation, industrial, and buildings sectors;
            (7) increasing model resolution to represent all hours of 
        the year and all electricity generators;
            (8) wholesale electricity market design and the appropriate 
        valuation of all services that support the reliability of 
        electricity grids, such as--
                    (A) battery storage; and
                    (B) synthetic inertia from grid-tied inverters;
            (9) economic modeling of the role of energy efficiency, 
        demand response, electricity storage, and a variety of 
        distributed generation technologies;
            (10) the production, transport, use, and storage of carbon 
        dioxide, hydrogen, and hydrogen carriers;
            (11) greater flexibility in--
                    (A) the modeling of the environmental impacts of 
                electricity systems, such as--
                            (i) emissions of greenhouse gases and other 
                        pollutants; and
                            (ii) the use of land and water resources; 
                        and
                    (B) the ability to support climate modeling, such 
                as the climate modeling performed by the Office of 
                Biological and Environmental Research in the Office of 
                Science of the Department;
            (12) technologies that are in an early stage of commercial 
        deployment and have been identified by the Secretary as 
        candidates for large-scale demonstration projects, such as--
                    (A) carbon capture, transport, use, and storage 
                from any source or economic sector;
                    (B) direct air capture;
                    (C) hydrogen production, including via 
                electrolysis;
                    (D) synthetic and biogenic hydrocarbon liquid and 
                gaseous fuels;
                    (E) supercritical carbon dioxide combustion 
                turbines;
                    (F) industrial fuel cell and hydrogen combustion 
                equipment; and
                    (G) industrial electric boilers;
            (13) increased and improved data sources and tools, 
        including--
                    (A) the establishment of technology and cost 
                baselines, including technology learning rates;
                    (B) economic and employment impacts of energy 
                system policies and energy prices on households, as a 
                function of household income and region; and
                    (C) the use of behavioral economics to inform 
                demand modeling in all sectors; and
            (14) striving to migrate toward a single, consistent, and 
        open-source modeling platform, and increasing open access to 
        model systems, data, and outcomes, for--
                    (A) disseminating reference scenarios that can be 
                transparently and broadly replicated; and
                    (B) promoting the development of the researcher and 
                analyst workforce needed to continue the development 
                and validation of improved energy system models in the 
                future.

SEC. 4108. REPORT ON COSTS OF CARBON ABATEMENT IN THE ELECTRICITY 
              SECTOR.

    Not later than 270 days after the date of enactment of this Act, 
the Administrator shall submit to Congress a report on--
            (1) the potential use of levelized cost of carbon abatement 
        or a similar metric in analyzing generators of electricity, 
        including an identification of limitations and appropriate uses 
        of the metric;
            (2) the feasibility and impact of incorporating levelized 
        cost of carbon abatement in long-term forecasts--
                    (A) to compare technical approaches and understand 
                real-time changes in fossil-fuel and nuclear dispatch;
                    (B) to compare the system-level costs of technology 
                options to reduce emissions; and
                    (C) to compare the costs of policy options, 
                including current policies, regarding valid and 
                verifiable reductions and removals of carbon; and
            (3)(A) a potential process to measure carbon dioxide 
        emissions intensity per unit of output production for a range 
        of--
                            (i) energy sources;
                            (ii) sectors; and
                            (iii) geographic regions; and
                    (B) a corresponding process to provide an empirical 
                framework for reporting the status and costs of carbon 
                dioxide reduction relative to specified goals.

SEC. 4109. HARMONIZATION OF EFFORTS AND DATA.

    Not later than 1 year after the date of enactment of this Act, the 
Administrator shall establish a system to harmonize, to the maximum 
extent practicable and consistent with data integrity--
            (1) the data collection efforts of the Administrator, 
        including any data collection required under this subtitle, 
        with the data collection efforts of--
                    (A) the Environmental Protection Agency, as the 
                Administrator determines to be appropriate;
                    (B) other relevant Federal agencies, as the 
                Administrator determines to be appropriate; and
                    (C) State or regional energy credit registries, as 
                the Administrator determines to be appropriate;
            (2) the data collected under this subtitle, including the 
        operating data on electricity generation collected under 
        section 4102(a), with data collected by the entities described 
        in subparagraphs (A) through (C) of paragraph (1), including 
        any measurements of greenhouse gas and other pollutant 
        emissions collected by the Environmental Protection Agency, as 
        the Administrator determines to be appropriate; and
            (3) the efforts of the Administrator to identify and report 
        relevant impacts, opportunities, and patterns with respect to 
        energy use, including the identification of community-level 
        economic and environmental impacts required under section 
        4103(b)(1)(C), with the efforts of the Environmental Protection 
        Agency and other relevant Federal agencies, as determined by 
        the Administrator, to identify similar impacts, opportunities, 
        and patterns.

                       Subtitle C--Miscellaneous

SEC. 4201. CONSIDERATION OF MEASURES TO PROMOTE GREATER ELECTRIFICATION 
              OF THE TRANSPORTATION SECTOR.

    (a) In General.--Section 111(d) of the Public Utility Regulatory 
Policies Act of 1978 (16 U.S.C. 2621(d)) (as amended by section 
1004(a)(1)) is amended by adding at the end the following:
            ``(21) Electric vehicle charging programs.--Each State 
        shall consider measures to promote greater electrification of 
        the transportation sector, including the establishment of rates 
        that--
                    ``(A) promote affordable and equitable electric 
                vehicle charging options for residential, commercial, 
                and public electric vehicle charging infrastructure;
                    ``(B) improve the customer experience associated 
                with electric vehicle charging, including by reducing 
                charging times for light-, medium-, and heavy-duty 
                vehicles;
                    ``(C) accelerate third-party investment in electric 
                vehicle charging for light-, medium-, and heavy-duty 
                vehicles; and
                    ``(D) appropriately recover the marginal costs of 
                delivering electricity to electric vehicles and 
                electric vehicle charging infrastructure.''.
    (b) Compliance.--
            (1) Time limitation.--Section 112(b) of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) (as amended 
        by section 1004(a)(2)(A)) is amended by adding at the end the 
        following:
            ``(8)(A) Not later than 1 year after the date of enactment 
        of this paragraph, each State regulatory authority (with 
        respect to each electric utility for which the State has 
        ratemaking authority) and each nonregulated utility shall 
        commence consideration under section 111, or set a hearing date 
        for consideration, with respect to the standard established by 
        paragraph (21) of section 111(d).
                    ``(B) Not later than 2 years after the date of 
                enactment of this paragraph, each State regulatory 
                authority (with respect to each electric utility for 
                which the State has ratemaking authority), and each 
                nonregulated electric utility shall complete the 
                consideration and make the determination under section 
                111 with respect to the standard established by 
                paragraph (21) of section 111(d).''.
            (2) Failure to comply.--Section 112(c) of the Public 
        Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) (as 
        amended by section 1004(a)(2)(B)(i)) is amended by adding at 
        the end the following: ``In the case of the standard 
        established by paragraph (21) of section 111(d), the reference 
        contained in this subsection to the date of enactment of this 
        Act shall be deemed to be a reference to the date of enactment 
        of that paragraph (21).''.
            (3) Prior state actions.--
                    (A) In general.--Section 112 of the Public Utility 
                Regulatory Policies Act of 1978 (16 U.S.C. 2622) (as 
                amended by section 1004(a)(2)(C)(i)) is amended by 
                adding at the end the following:
    ``(h) Other Prior State Actions.--Subsections (b) and (c) shall not 
apply to the standard established by paragraph (21) of section 111(d) 
in the case of any electric utility in a State if, before the date of 
enactment of this subsection--
            ``(1) the State has implemented for the electric utility 
        the standard (or a comparable standard);
            ``(2) the State regulatory authority for the State or the 
        relevant nonregulated electric utility has conducted a 
        proceeding to consider implementation of the standard (or a 
        comparable standard) for the electric utility; or
            ``(3) the State legislature has voted on the implementation 
        of the standard (or a comparable standard) for the electric 
        utility during the 3-year period ending on that date of 
        enactment.''.
                    (B) Cross-reference.--Section 124 of the Public 
                Utility Regulatory Policies Act of 1978 (16 U.S.C. 
                2634) (as amended by section 1004(a)(2)(C)(ii)(II)) is 
                amended by adding at the end the following: ``In the 
                case of the standard established by paragraph (21) of 
                section 111(d), the reference contained in this section 
                to the date of enactment of this Act shall be deemed to 
                be a reference to the date of enactment of that 
                paragraph (21).''.

SEC. 4202. OFFICE OF PUBLIC PARTICIPATION.

    Section 319 of the Federal Power Act (16 U.S.C. 825q-1) is 
amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (A), by striking the third 
                sentence; and
                    (B) in subparagraph (B)--
                            (i) by striking the third sentence and 
                        inserting the following: ``The Director shall 
                        be compensated at a rate of pay not greater 
                        than the maximum rate of pay prescribed for a 
                        senior executive in the Senior Executive 
                        Service under section 5382 of title 5, United 
                        States Code.''; and
                            (ii) by striking the first sentence; and
            (2) in subsection (b), by striking paragraph (4).

SEC. 4203. DIGITAL CLIMATE SOLUTIONS REPORT.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, in consultation with appropriate Federal 
agencies and relevant stakeholders, shall submit to the Committee on 
Energy and Natural Resources of the Senate and the Committee on Energy 
and Commerce of the House of Representatives a report that assesses 
using digital tools and platforms as climate solutions, including--
            (1) artificial intelligence and machine learning;
            (2) blockchain technologies and distributed ledgers;
            (3) crowdsourcing platforms;
            (4) the Internet of Things;
            (5) distributed computing for the grid; and
            (6) software and systems.
    (b) Contents.--The report required under subsection (a) shall 
include--
            (1) as practicable, a full inventory and assessment of 
        digital climate solutions;
            (2) an analysis of how the private sector can utilize the 
        digital tools and platforms included in the inventory under 
        paragraph (1) to accelerate digital climate solutions; and
            (3) a summary of opportunities to enhance the 
        standardization of voluntary and regulatory climate disclosure 
        protocols, including enabling the data to be disseminated 
        through an application programming interface that is accessible 
        to the public.

SEC. 4204. STUDY AND REPORT BY THE SECRETARY OF ENERGY ON JOB LOSS AND 
              IMPACTS ON CONSUMER ENERGY COSTS DUE TO THE REVOCATION OF 
              THE PERMIT FOR THE KEYSTONE XL PIPELINE.

    (a) Definition of Executive Order.--In this section, the term 
``Executive Order'' means Executive Order 13990 (86 Fed. Reg. 7037; 
relating to protecting public health and the environment and restoring 
science to tackle the climate crisis).
    (b) Study and Report.--The Secretary shall--
            (1) conduct a study to estimate--
                    (A) the total number of jobs that were lost as a 
                direct or indirect result of section 6 of the Executive 
                Order over the 10-year period beginning on the date on 
                which the Executive Order was issued; and
                    (B) the impact on consumer energy costs that are 
                projected to result as a direct or indirect result of 
                section 6 of the Executive Order over the 10-year 
                period beginning on the date on which the Executive 
                Order was issued; and
            (2) not later than 90 days after the date of enactment of 
        this Act, submit to Congress a report describing the findings 
        of the study conducted under paragraph (1).

SEC. 4205. STUDY ON IMPACT OF ELECTRIC VEHICLES.

    Not later than 120 days after the date of enactment of this Act, 
the Secretary shall conduct, and submit to Congress a report describing 
the results of, a study on the cradle to grave environmental impact of 
electric vehicles.

SEC. 4206. STUDY ON IMPACT OF FORCED LABOR IN CHINA ON THE ELECTRIC 
              VEHICLE SUPPLY CHAIN.

    Not later than 120 days after the date of enactment of this Act, 
the Secretary, in coordination with the Secretary of State, shall study 
the impact of forced labor in China on the electric vehicle supply 
chain.

         TITLE V--ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE

        Subtitle A--Residential and Commercial Energy Efficiency

SEC. 5001. DEFINITIONS.

    In this subtitle:
            (1) Priority state.--The term ``priority State'' means a 
        State that--
                    (A) is eligible for funding under the State Energy 
                Program; and
                    (B)(i) is among the 15 States with the highest 
                annual per-capita combined residential and commercial 
                sector energy consumption, as most recently reported by 
                the Energy Information Administration; or
                    (ii) is among the 15 States with the highest annual 
                per-capita energy-related carbon dioxide emissions by 
                State, as most recently reported by the Energy 
                Information Administration.
            (2) Program.--The term ``program'' means the program 
        established under section 5002(a).
            (3) State.--The term ``State'' means a State (as defined in 
        section 3 of the Energy Policy and Conservation Act (42 U.S.C. 
        6202)), acting through a State energy office.
            (4) 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.).

SEC. 5002. ENERGY EFFICIENCY REVOLVING LOAN FUND CAPITALIZATION GRANT 
              PROGRAM.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, under the State Energy Program, the Secretary shall 
establish a program under which the Secretary shall provide 
capitalization grants to States to establish a revolving loan fund 
under which the State shall provide loans and grants, as applicable, in 
accordance with this section.
    (b) Distribution of Funds.--
            (1) All states.--
                    (A) In general.--Of the amounts made available 
                under subsection (j), the Secretary shall use 40 
                percent to provide capitalization grants to States that 
                are eligible for funding under the State Energy 
                Program, in accordance with the allocation formula 
                established under section 420.11 of title 10, Code of 
                Federal Regulations (or successor regulations).
                    (B) Remaining funding.--After applying the 
                allocation formula described in subparagraph (A), the 
                Secretary shall redistribute any unclaimed funds to the 
                remaining States seeking capitalization grants under 
                that subparagraph.
            (2) Priority states.--
                    (A) In general.--Of the amounts made available 
                under subsection (j), the Secretary shall use 60 
                percent to provide supplemental capitalization grants 
                to priority States in accordance with an allocation 
                formula determined by the Secretary.
                    (B) Remaining funding.--After applying the 
                allocation formula described in subparagraph (A), the 
                Secretary shall redistribute any unclaimed funds to the 
                remaining priority States seeking supplemental 
                capitalization grants under that subparagraph.
                    (C) Grant amount.--
                            (i) Maximum amount.--The amount of a 
                        supplemental capitalization grant provided to a 
                        State under this paragraph shall not exceed 
                        $15,000,000.
                            (ii) Supplement not supplant.--A 
                        supplemental capitalization grant received by a 
                        State under this paragraph shall supplement, 
                        not supplant, a capitalization grant received 
                        by that State under paragraph (1).
    (c) Applications for Capitalization Grants.--A State seeking a 
capitalization grant under the program shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require, including--
            (1) a detailed explanation of how the grant will be used, 
        including a plan to establish a new revolving loan fund or use 
        an existing revolving loan fund;
            (2) the need of eligible recipients for loans and grants in 
        the State for assistance with conducting energy audits;
            (3) a description of the expected benefits that building 
        infrastructure and energy system upgrades and retrofits will 
        have on communities in the State; and
            (4) in the case of a priority State seeking a supplemental 
        capitalization grant under subsection (b)(2), a justification 
        for needing the supplemental funding.
    (d) Timing.--
            (1) In general.--The Secretary shall establish a timeline 
        with dates by, or periods by the end of, which a State shall--
                    (A) on receipt of a capitalization grant under the 
                program, deposit the grant funds into a revolving loan 
                fund; and
                    (B) begin using the capitalization grant as 
                described in subsection (e)(1).
            (2) Use of grant.--Under the timeline established under 
        paragraph (1), a State shall be required to begin using a 
        capitalization grant not more than 180 days after the date on 
        which the grant is received.
    (e) Use of Grant Funds.--
            (1) In general.--A State that receives a capitalization 
        grant under the program--
                    (A) shall provide loans in accordance with 
                paragraph (2); and
                    (B) may provide grants in accordance with paragraph 
                (3).
            (2) Loans.--
                    (A) Commercial energy audit.--
                            (i) In general.--A State that receives a 
                        capitalization grant under the program may 
                        provide a loan to an eligible recipient 
                        described in clause (iv) to conduct a 
                        commercial energy audit.
                            (ii) Audit requirements.--A commercial 
                        energy audit conducted using a loan provided 
                        under clause (i) shall--
                                    (I) determine the overall 
                                consumption of energy of the facility 
                                of the eligible recipient;
                                    (II) identify and recommend 
                                lifecycle cost-effective opportunities 
                                to reduce the energy consumption of the 
                                facility of the eligible recipient, 
                                including through energy efficient--
                                            (aa) lighting;
                                            (bb) heating, ventilation, 
                                        and air conditioning systems;
                                            (cc) windows;
                                            (dd) appliances; and
                                            (ee) insulation and 
                                        building envelopes;
                                    (III) estimate the energy and cost 
                                savings potential of the opportunities 
                                identified in subclause (II) using 
                                software approved by the Secretary;
                                    (IV) identify--
                                            (aa) the period and level 
                                        of peak energy demand for each 
                                        building within the facility of 
                                        the eligible recipient; and
                                            (bb) the sources of energy 
                                        consumption that are 
                                        contributing the most to that 
                                        period of peak energy demand;
                                    (V) recommend controls and 
                                management systems to reduce or 
                                redistribute peak energy consumption; 
                                and
                                    (VI) estimate the total energy and 
                                cost savings potential for the facility 
                                of the eligible recipient if all 
                                recommended upgrades and retrofits are 
                                implemented, using software approved by 
                                the Secretary.
                            (iii) Additional audit inclusions.--A 
                        commercial energy audit conducted using a loan 
                        provided under clause (i) may recommend 
                        strategies to increase energy efficiency of the 
                        facility of the eligible recipient through use 
                        of electric systems or other high-efficiency 
                        systems utilizing fuels, including natural gas 
                        and hydrogen.
                            (iv) Eligible recipients.--An eligible 
                        recipient under clause (i) is a business that--
                                    (I) conducts the majority of its 
                                business in the State that provides the 
                                loan under that clause; and
                                    (II) owns or operates--
                                            (aa) 1 or more commercial 
                                        buildings; or
                                            (bb) commercial space 
                                        within a building that serves 
                                        multiple functions, such as a 
                                        building for commercial and 
                                        residential operations.
                    (B) Residential energy audits.--
                            (i) In general.--A State that receives a 
                        capitalization grant under the program may 
                        provide a loan to an eligible recipient 
                        described in clause (iv) to conduct a 
                        residential energy audit.
                            (ii) Residential energy audit 
                        requirements.--A residential energy audit 
                        conducted using a loan under clause (i) shall--
                                    (I) utilize the same evaluation 
                                criteria as the Home Performance 
                                Assessment used in the Energy Star 
                                program established under section 324A 
                                of the Energy Policy and Conservation 
                                Act (42 U.S.C. 6294a);
                                    (II) recommend lifecycle cost-
                                effective opportunities to reduce 
                                energy consumption within the 
                                residential building of the eligible 
                                recipient, including through energy 
                                efficient--
                                            (aa) lighting;
                                            (bb) heating, ventilation, 
                                        and air conditioning systems;
                                            (cc) windows;
                                            (dd) appliances; and
                                            (ee) insulation and 
                                        building envelopes;
                                    (III) recommend controls and 
                                management systems to reduce or 
                                redistribute peak energy consumption;
                                    (IV) compare the energy consumption 
                                of the residential building of the 
                                eligible recipient to comparable 
                                residential buildings in the same 
                                geographic area; and
                                    (V) provide a Home Energy Score, or 
                                equivalent score (as determined by the 
                                Secretary), for the residential 
                                building of the eligible recipient by 
                                using the Home Energy Score Tool of the 
                                Department or an equivalent scoring 
                                tool.
                            (iii) Additional audit inclusions.--A 
                        residential energy audit conducted using a loan 
                        provided under clause (i) may recommend 
                        strategies to increase energy efficiency of the 
                        facility of the eligible recipient through use 
                        of electric systems or other high-efficiency 
                        systems utilizing fuels, including natural gas 
                        and hydrogen.
                            (iv) Eligible recipients.--An eligible 
                        recipient under clause (i) is--
                                    (I) an individual who owns--
                                            (aa) a single family home;
                                            (bb) a condominium or 
                                        duplex; or
                                            (cc) a manufactured housing 
                                        unit; or
                                    (II) a business that owns or 
                                operates a multifamily housing 
                                facility.
                    (C) Commercial and residential energy upgrades and 
                retrofits.--
                            (i) In general.--A State that receives a 
                        capitalization grant under the program may 
                        provide a loan to an eligible recipient 
                        described in clause (ii) to carry out upgrades 
                        or retrofits of building infrastructure and 
                        systems that--
                                    (I) are recommended in the 
                                commercial energy audit or residential 
                                energy audit, as applicable, completed 
                                for the building or facility of the 
                                eligible recipient;
                                    (II) satisfy at least 1 of the 
                                criteria in the Home Performance 
                                Assessment used in the Energy Star 
                                program established under section 324A 
                                of the Energy Policy and Conservation 
                                Act (42 U.S.C. 6294a);
                                    (III) improve, with respect to the 
                                building or facility of the eligible 
                                recipient--
                                            (aa) the physical comfort 
                                        of the building or facility 
                                        occupants;
                                            (bb) the energy efficiency 
                                        of the building or facility; or
                                            (cc) the quality of the air 
                                        in the building or facility; 
                                        and
                                    (IV)(aa) are lifecycle cost-
                                effective; and
                                    (bb)(AA) reduce the energy 
                                intensity of the building or facility 
                                of the eligible recipient; or
                                    (BB) improve the control and 
                                management of energy usage of the 
                                building or facility to reduce demand 
                                during peak times.
                            (ii) Eligible recipients.--An eligible 
                        recipient under clause (i) is an eligible 
                        recipient described in subparagraph (A)(iv) or 
                        (B)(iv) that--
                                    (I) has completed a commercial 
                                energy audit described in subparagraph 
                                (A) or a residential energy audit 
                                described in subparagraph (B) using a 
                                loan provided under the applicable 
                                subparagraph; or
                                    (II) has completed a commercial 
                                energy audit or residential energy 
                                audit that--
                                            (aa) was not funded by a 
                                        loan under this paragraph; and
                                            (bb)(AA) meets the 
                                        requirements for the applicable 
                                        audit under subparagraph (A) or 
                                        (B), as applicable; or
                                            (BB) the Secretary 
                                        determines is otherwise 
                                        satisfactory.
                            (iii) Loan term.--
                                    (I) In general.--A loan provided 
                                under this subparagraph shall be 
                                required to be fully amortized by the 
                                earlier of--
                                            (aa) subject to subclause 
                                        (II), the year in which the 
                                        upgrades or retrofits carried 
                                        out using the loan exceed their 
                                        expected useful life; and
                                            (bb) 15 years after those 
                                        upgrades or retrofits are 
                                        installed.
                                    (II) Calculation.--For purposes of 
                                subclause (I)(aa), in the case of a 
                                loan being used to fund multiple 
                                upgrades or retrofits, the longest-
                                lived upgrade or retrofit shall be used 
                                to calculate the year in which the 
                                upgrades or retrofits carried out using 
                                the loan exceed their expected useful 
                                life.
                    (D) Referral to qualified contractors.--Following 
                the completion of an audit under subparagraph (A) or 
                (B) by an eligible recipient of a loan under the 
                applicable subparagraph, the State may refer the 
                eligible recipient to a qualified contractor, as 
                determined by the State, to estimate--
                            (i) the upfront capital cost of each 
                        recommended upgrade; and
                            (ii) the total upfront capital cost of 
                        implementing all recommended upgrades.
                    (E) Loan recipients.--Each State providing loans 
                under this paragraph shall, to the maximum extent 
                practicable, provide loans to eligible recipients that 
                do not have access to private capital.
            (3) Grants and technical assistance.--
                    (A) In general.--A State that receives a 
                capitalization grant under the program may use not more 
                than 25 percent of the grant funds to provide grants or 
                technical assistance to eligible entities described in 
                subparagraph (B) to carry out the activities described 
                in subparagraphs (A), (B), and (C) of paragraph (2).
                    (B) Eligible entity.--An entity eligible for a 
                grant or technical assistance under subparagraph (A) 
                is--
                            (i) a business that--
                                    (I) is an eligible recipient 
                                described in paragraph (2)(A)(iv); and
                                    (II) has fewer than 500 employees; 
                                or
                            (ii) a low-income individual (as defined in 
                        section 3 of the Workforce Innovation and 
                        Opportunity Act (29 U.S.C. 3102)) that owns a 
                        residential building.
            (4) Final assessment.--A State that provides a 
        capitalization grant under paragraph (2)(C) to an eligible 
        recipient described in clause (ii) of that paragraph may, not 
        later than 1 year after the date on which the upgrades or 
        retrofits funded by the grant under that paragraph are 
        completed, provide to the eligible recipient a loan or, in 
        accordance with paragraph (3), a grant to conduct a final 
        energy audit that assesses the total energy savings from the 
        upgrades or retrofits.
            (5) Administrative expenses.--A State that receives a 
        capitalization grant under the program may use not more than 10 
        percent of the grant funds for administrative expenses.
    (f) Coordination With Existing Programs.--A State receiving a 
capitalization grant under the program is encouraged to utilize and 
build on existing programs and infrastructure within the State that may 
aid the State in carrying out a revolving loan fund program.
    (g) Leveraging Private Capital.--A State receiving a capitalization 
grant under the program shall, to the maximum extent practicable, use 
the grant to leverage private capital.
    (h) Outreach.--The Secretary shall engage in outreach to inform 
States of the availability of capitalization grants under the program.
    (i) Report.--Each State that receives a capitalization grant under 
the program shall, not later than 2 years after a grant is received, 
submit to the Secretary a report that describes--
            (1) the number of recipients to which the State has 
        distributed--
                    (A) loans for--
                            (i) commercial energy audits under 
                        subsection (e)(2)(A);
                            (ii) residential energy audits under 
                        subsection (e)(2)(B);
                            (iii) energy upgrades and retrofits under 
                        subsection (e)(2)(C); and
                    (B) grants under subsection (e)(3); and
            (2) the average capital cost of upgrades and retrofits 
        across all commercial energy audits and residential energy 
        audits that were conducted in the State using loans provided by 
        the State under subsection (e).
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $250,000,000 
for fiscal year 2022, to remain available until expended.

SEC. 5003. ENERGY AUDITOR TRAINING GRANT PROGRAM.

    (a) Definitions.--In this section:
            (1) Covered certification.--The term ``covered 
        certification'' means any of the following certifications:
                    (A) The American Society of Heating, Refrigerating 
                and Air-Conditioning Engineers Building Energy 
                Assessment Professional certification.
                    (B) The Association of Energy Engineers Certified 
                Energy Auditor certification.
                    (C) The Building Performance Institute Home Energy 
                Professional Energy Auditor certification.
                    (D) The Residential Energy Services Network Home 
                Energy Rater certification.
                    (E) Any other third-party certification recognized 
                by the Department.
                    (F) Any third-party certification that the 
                Secretary determines is equivalent to the 
                certifications described in subparagraphs (A) through 
                (E).
            (2) Eligible state.--The term ``eligible State'' means a 
        State that--
                    (A) has a demonstrated need for assistance for 
                training energy auditors; and
                    (B) meets any additional criteria determined 
                necessary by the Secretary.
    (b) Establishment.--Under the State Energy Program, the Secretary 
shall establish a competitive grant program under which the Secretary 
shall award grants to eligible States to train individuals to conduct 
energy audits or surveys of commercial and residential buildings.
    (c) Applications.--
            (1) In general.--A State seeking a grant under subsection 
        (b) shall submit to the Secretary an application at such time, 
        in such manner, and containing such information as the 
        Secretary may require, including the energy auditor training 
        program plan described in paragraph (2).
            (2) Energy auditor training program plan.--An energy 
        auditor training program plan submitted with an application 
        under paragraph (1) shall include--
                    (A)(i) a proposed training curriculum for energy 
                audit trainees; and
                    (ii) an identification of the covered certification 
                that those trainees will receive on completion of that 
                training curriculum;
                    (B) the expected per-individual cost of training;
                    (C) a plan for connecting trainees with employment 
                opportunities; and
                    (D) any additional information required by the 
                Secretary.
    (d) Amount of Grant.--The amount of a grant awarded to an eligible 
State under subsection (b)--
            (1) shall be determined by the Secretary, taking into 
        account the population of the eligible State; and
            (2) shall not exceed $2,000,000 for any eligible State.
    (e) Use of Funds.--
            (1) In general.--An eligible State that receives a grant 
        under subsection (b) shall use the grant funds--
                    (A) to cover any cost associated with individuals 
                being trained or certified to conduct energy audits 
                by--
                            (i) the State; or
                            (ii) a State-certified third party training 
                        program; and
                    (B) subject to paragraph (2), to pay the wages of a 
                trainee during the period in which the trainee receives 
                training and certification.
            (2) Limitation.--Not more than 10 percent of grant funds 
        provided under subsection (b) to an eligible State may be used 
        for the purpose described in paragraph (1)(B).
    (f) Consultation.--In carrying out this section, the Secretary 
shall consult with the Secretary of Labor.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $40,000,000 for 
the period of fiscal years 2022 through 2026.

                         Subtitle B--Buildings

SEC. 5101. COST-EFFECTIVE CODES IMPLEMENTATION FOR EFFICIENCY AND 
              RESILIENCE.

    (a) In General.--Title III of the Energy Conservation and 
Production Act (42 U.S.C. 6831 et seq.) is amended by adding at the end 
the following:

``SEC. 309. COST-EFFECTIVE CODES IMPLEMENTATION FOR EFFICIENCY AND 
              RESILIENCE.

    ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a relevant State agency, as determined by the 
                Secretary, such as a State building code agency, State 
                energy office, or Tribal energy office; and
                    ``(B) a partnership.
            ``(2) Partnership.--The term `partnership' means a 
        partnership between an eligible entity described in paragraph 
        (1)(A) and 1 or more of the following entities:
                    ``(A) Local building code agencies.
                    ``(B) Codes and standards developers.
                    ``(C) Associations of builders and design and 
                construction professionals.
                    ``(D) Local and utility energy efficiency programs.
                    ``(E) Consumer, energy efficiency, and 
                environmental advocates.
                    ``(F) Other entities, as determined by the 
                Secretary.
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
    ``(b) Establishment.--
            ``(1) In general.--The Secretary shall establish within the 
        Building Technologies Office of the Department of Energy a 
        program under which the Secretary shall award grants on a 
        competitive basis to eligible entities to enable sustained 
        cost-effective implementation of updated building energy codes.
            ``(2) Updated building energy code.--An update to a 
        building energy code under this section, including an amendment 
        that results in increased efficiency compared to the previously 
        adopted building energy code, shall include any update made 
        available after the existing building energy code, even if it 
        is not the most recent updated code available.
    ``(c) Criteria; Priority.--In awarding grants under subsection (b), 
the Secretary shall--
            ``(1) consider--
                    ``(A) prospective energy savings and plans to 
                measure the savings, including utilizing the 
                Environmental Protection Agency Portfolio Manager, the 
                Home Energy Score rating of the Office of Energy 
                Efficiency and Renewable Energy of the Department of 
                Energy, the Energy Star Building rating methodologies 
                of the Environmental Protection Agency, and other 
                methodologies determined appropriate by the Secretary;
                    ``(B) the long-term sustainability of those 
                measures and savings;
                    ``(C) prospective benefits, and plans to assess the 
                benefits, including benefits relating to--
                            ``(i) resilience and peak load reduction;
                            ``(ii) occupant safety and health; and
                            ``(iii) environmental performance;
                    ``(D) the demonstrated capacity of the eligible 
                entity to carry out the proposed project; and
                    ``(E) the need of the eligible entity for 
                assistance; and
            ``(2) give priority to applications from partnerships.
    ``(d) Eligible Activities.--
            ``(1) In general.--An eligible entity awarded a grant under 
        this section may use the grant funds--
                    ``(A) to create or enable State or regional 
                partnerships to provide training and materials to--
                            ``(i) builders, contractors and 
                        subcontractors, architects, and other design 
                        and construction professionals, relating to 
                        meeting updated building energy codes in a 
                        cost-effective manner; and
                            ``(ii) building code officials, relating to 
                        improving implementation of and compliance with 
                        building energy codes;
                    ``(B) to collect and disseminate quantitative data 
                on construction and codes implementation, including 
                code pathways, performance metrics, and technologies 
                used;
                    ``(C) to develop and implement a plan for highly 
                effective codes implementation, including measuring 
                compliance;
                    ``(D) to address various implementation needs in 
                rural, suburban, and urban areas; and
                    ``(E) to implement updates in energy codes for--
                            ``(i) new residential and commercial 
                        buildings (including multifamily buildings); 
                        and
                            ``(ii) additions and alterations to 
                        existing residential and commercial buildings 
                        (including multifamily buildings).
            ``(2) Related topics.--Training and materials provided 
        using a grant under this section may include information on the 
        relationship between energy codes and--
                    ``(A) cost-effective, high-performance, and zero-
                net-energy buildings;
                    ``(B) improving resilience, health, and safety;
                    ``(C) water savings and other environmental 
                impacts; and
                    ``(D) the economic impacts of energy codes.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $225,000,000 
for the period of fiscal years 2022 through 2026.''.
    (b) Conforming Amendment.--Section 303 of the Energy Conservation 
and Production Act (42 U.S.C. 6832) is amended, in the matter preceding 
paragraph (1), by striking ``As used in'' and inserting ``Except as 
otherwise provided, in''.

SEC. 5102. BUILDING, TRAINING, AND ASSESSMENT CENTERS.

    (a) In General.--The Secretary shall provide grants to institutions 
of higher education (as defined in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001)) and Tribal Colleges or Universities (as 
defined in section 316(b) of that Act (20 U.S.C. 1059c(b))) to 
establish building training and assessment centers--
            (1) to identify opportunities for optimizing energy 
        efficiency and environmental performance in buildings;
            (2) to promote the application of emerging concepts and 
        technologies in commercial and institutional buildings;
            (3) to train engineers, architects, building scientists, 
        building energy permitting and enforcement officials, and 
        building technicians in energy-efficient design and operation;
            (4) to assist institutions of higher education and Tribal 
        Colleges or Universities in training building technicians;
            (5) to promote research and development for the use of 
        alternative energy sources and distributed generation to supply 
        heat and power for buildings, particularly energy-intensive 
        buildings; and
            (6) to coordinate with and assist State-accredited 
        technical training centers, community colleges, Tribal Colleges 
        or Universities, and local offices of the National Institute of 
        Food and Agriculture and ensure appropriate services are 
        provided under this section to each region of the United 
        States.
    (b) Coordination and Nonduplication.--
            (1) In general.--The Secretary shall coordinate the program 
        with the industrial research and assessment centers program 
        under section 457 of the Energy Independence and Security Act 
        of 2007 (as added by section 5201(b)) and with other Federal 
        programs to avoid duplication of effort.
            (2) Collocation.--To the maximum extent practicable, 
        building, training, and assessment centers established under 
        this section shall be collocated with industrial and research 
        assessment centers (as defined in section 5211).
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $10,000,000 for 
fiscal year 2022, to remain available until expended.

SEC. 5103. CAREER SKILLS TRAINING.

    (a) Definition of Eligible Entity.--In this section, the term 
``eligible entity'' means a nonprofit partnership that--
            (1) includes the equal participation of industry, including 
        public or private employers, and labor organizations, including 
        joint labor-management training programs;
            (2) may include workforce investment boards, community-
        based organizations, qualified service and conservation corps, 
        educational institutions, small businesses, cooperatives, State 
        and local veterans agencies, and veterans service 
        organizations; and
            (3) demonstrates--
                    (A) experience in implementing and operating worker 
                skills training and education programs;
                    (B) the ability to identify and involve in training 
                programs carried out under this section, target 
                populations of individuals who would benefit from 
                training and be actively involved in activities 
                relating to energy efficiency and renewable energy 
                industries; and
                    (C) the ability to help individuals achieve 
                economic self-sufficiency.
    (b) Establishment.--The Secretary shall award grants to eligible 
entities to pay the Federal share of associated career skills training 
programs under which students concurrently receive classroom 
instruction and on-the-job training for the purpose of obtaining an 
industry-related certification to install energy efficient buildings 
technologies.
    (c) Federal Share.--The Federal share of the cost of carrying out a 
career skills training program described in subsection (b) shall be 50 
percent.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $10,000,000 for 
fiscal year 2022, to remain available until expended.

SEC. 5104. COMMERCIAL BUILDING ENERGY CONSUMPTION INFORMATION SHARING.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Energy Information Administration.
            (2) Agreement.--The term ``Agreement'' means the agreement 
        entered into under subsection (b).
            (3) Survey.--The term ``Survey'' means the Commercial 
        Building Energy Consumption Survey.
    (b) Authorization of Agreement.--Not later than 120 days after the 
date of enactment of this Act, the Administrator and the Administrator 
of the Environmental Protection Agency shall sign, and submit to 
Congress, an information sharing agreement relating to commercial 
building energy consumption data.
    (c) Content of Agreement.--The Agreement shall--
            (1) provide, to the extent permitted by law, that--
                    (A) the Administrator shall have access to 
                building-specific data in the Portfolio Manager 
                database of the Environmental Protection Agency; and
                    (B) the Administrator of the Environmental 
                Protection Agency shall have access to building-
                specific data collected by the Survey;
            (2) describe the manner in which the Administrator shall 
        use the data described in paragraph (1) and subsection (d);
            (3) describe and compare--
                    (A) the methodologies that the Energy Information 
                Administration, the Environmental Protection Agency, 
                and State and local government managers use to maximize 
                the quality, reliability, and integrity of data 
                collected through the Survey, the Portfolio Manager 
                database of the Environmental Protection Agency, and 
                State and local building energy disclosure laws 
                (including regulations), respectively, and the manner 
                in which those methodologies can be improved; and
                    (B) consistencies and variations in data for the 
                same buildings captured in--
                            (i)(I) the 2018 Survey cycle; and
                            (II) each subsequent Survey cycle; and
                            (ii) the Portfolio Manager database of the 
                        Environmental Protection Agency; and
            (4) consider whether, and the methods by which, the 
        Administrator may collect and publish new iterations of Survey 
        data every 3 years--
                    (A) using the Survey processes of the 
                Administrator; or
                    (B) as supplemented by information in the Portfolio 
                Manager database of the Environmental Protection 
                Agency.
    (d) Data.--The data referred in subsection (c)(2) includes data 
that--
            (1) is collected through the Portfolio Manager database of 
        the Environmental Protection Agency;
            (2) is required to be publicly available on the internet 
        under State and local government building energy disclosure 
        laws (including regulations); and
            (3) includes information on private sector buildings that 
        are not less than 250,000 square feet.
    (e) Protection of Information.--In carrying out the agreement, the 
Administrator and the Administrator of the Environmental Protection 
Agency shall protect information in accordance with--
            (1) section 552(b)(4) of title 5, United States Code 
        (commonly known as the ``Freedom of Information Act'');
            (2) subchapter III of chapter 35 of title 44, United States 
        Code; and
            (3) any other applicable law (including regulations).

                Subtitle C--Industrial Energy Efficiency

                            PART I--INDUSTRY

SEC. 5201. FUTURE OF INDUSTRY PROGRAM AND INDUSTRIAL RESEARCH AND 
              ASSESSMENT CENTERS.

    (a) Future of Industry Program.--
            (1) In general.--Section 452 of the Energy Independence and 
        Security Act of 2007 (42 U.S.C. 17111) is amended--
                    (A) by striking the section heading and inserting 
                the following: ``future of industry program'';
                    (B) in subsection (a)(2)--
                            (i) by redesignating subparagraph (E) as 
                        subparagraph (F); and
                            (ii) by inserting after subparagraph (D) 
                        the following:
                    ``(E) water and wastewater treatment facilities, 
                including systems that treat municipal, industrial, and 
                agricultural waste; and'';
                    (C) by striking subsection (e); and
                    (D) by redesignating subsection (f) as subsection 
                (e).
            (2) Conforming amendment.--Section 454(b)(2)(C) of the 
        Energy Independence and Security Act of 2007 (42 U.S.C. 
        17113(b)(2)(C)) is amended by striking ``energy-intensive 
        industries'' and inserting ``Future of Industry''.
    (b) Industrial Research and Assessment Centers.--Subtitle D of 
title IV of the Energy Independence and Security Act of 2007 (42 U.S.C. 
17111 et seq.) is amended by adding at the end the following:

``SEC. 457. INDUSTRIAL RESEARCH AND ASSESSMENT CENTERS.

    ``(a) Definitions.--In this section:
            ``(1) Covered project.--The term `covered project' means a 
        project--
                    ``(A) that has been recommended in an energy 
                assessment described in paragraph (2)(A) conducted for 
                an eligible entity; and
                    ``(B) with respect to which the plant site of that 
                eligible entity--
                            ``(i) improves--
                                    ``(I) energy efficiency;
                                    ``(II) material efficiency;
                                    ``(III) cybersecurity; or
                                    ``(IV) productivity; or
                            ``(ii) reduces--
                                    ``(I) waste production;
                                    ``(II) greenhouse gas emissions; or
                                    ``(III) nongreenhouse gas 
                                pollution.
            ``(2) Eligible entity.--The term `eligible entity' means a 
        small- or medium-sized manufacturer that has had an energy 
        assessment completed by--
                    ``(A) an industrial research and assessment center;
                    ``(B) a Department of Energy Combined Heat and 
                Power Technical Assistance Partnership jointly with an 
                industrial research and assessment center; or
                    ``(C) a third-party assessor that provides an 
                assessment equivalent to an assessment described in 
                subparagraph (A) or (B), as determined by the 
                Secretary.
            ``(3) Energy service provider.--The term `energy service 
        provider' means--
                    ``(A) any business providing technology or services 
                to improve the energy efficiency, water efficiency, 
                power factor, or load management of a manufacturing 
                site or other industrial process in an energy-intensive 
                industry (as defined in section 452(a)); and
                    ``(B) any utility operating under a utility energy 
                service project.
            ``(4) Industrial research and assessment center.--The term 
        `industrial research and assessment center' means--
                    ``(A) an institution of higher education-based 
                industrial research and assessment center that is 
                funded by the Secretary under subsection (b); and
                    ``(B) an industrial research and assessment center 
                at a trade school, community college, or union training 
                program that is funded by the Secretary under 
                subsection (f).
            ``(5) Program.--The term `Program' means the program for 
        implementation grants established under subsection (i)(1).
            ``(6) Small- or medium-sized manufacturer.--The term 
        `small- or medium-sized manufacturer' 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 $3,500,000.
    ``(b) Institution of Higher Education-based Industrial Research and 
Assessment Centers.--
            ``(1) In general.--The Secretary shall provide funding to 
        institution of higher education-based industrial research and 
        assessment centers.
            ``(2) Purpose.--The purpose of each institution of higher 
        education-based industrial research and assessment center shall 
        be--
                    ``(A) to provide in-depth assessments of small- and 
                medium-sized manufacturer plant sites to evaluate the 
                facilities, services, and manufacturing operations of 
                the plant sites;
                    ``(B) to identify opportunities for optimizing 
                energy efficiency and environmental performance, 
                including implementation of--
                            ``(i) smart manufacturing;
                            ``(ii) energy management systems;
                            ``(iii) sustainable manufacturing;
                            ``(iv) information technology advancements 
                        for supply chain analysis, logistics, system 
                        monitoring, industrial and manufacturing 
                        processes, and other purposes; and
                            ``(v) waste management systems;
                    ``(C) to promote applications of emerging concepts 
                and technologies in small- and medium-sized 
                manufacturers (including water and wastewater treatment 
                facilities and federally owned manufacturing 
                facilities);
                    ``(D) to promote research and development for the 
                use of alternative energy sources to supply heat, 
                power, and new feedstocks for energy-intensive 
                industries;
                    ``(E) to coordinate with appropriate Federal and 
                State research offices;
                    ``(F) to provide a clearinghouse for industrial 
                process and energy efficiency technical assistance 
                resources; and
                    ``(G) to coordinate with State-accredited technical 
                training centers and community colleges, while ensuring 
                appropriate services to all regions of the United 
                States.
    ``(c) Coordination.--To increase the value and capabilities of the 
industrial research and assessment centers, the centers shall--
            ``(1) coordinate with Manufacturing Extension Partnership 
        Centers of the National Institute of Standards and Technology;
            ``(2) coordinate with the Federal Energy Management Program 
        and the Building Technologies Office of the Department of 
        Energy to provide building assessment services to 
        manufacturers;
            ``(3) increase partnerships with the National Laboratories 
        of the Department of Energy to leverage the expertise, 
        technologies, and research and development capabilities of the 
        National Laboratories for national industrial and manufacturing 
        needs;
            ``(4) increase partnerships with energy service providers 
        and technology providers to leverage private sector expertise 
        and accelerate deployment of new and existing technologies and 
        processes for energy efficiency, power factor, and load 
        management;
            ``(5) identify opportunities for reducing greenhouse gas 
        emissions and other air emissions; and
            ``(6) promote sustainable manufacturing practices for 
        small- and medium-sized manufacturers.
    ``(d) Outreach.--The Secretary shall provide funding for--
            ``(1) outreach activities by the industrial research and 
        assessment centers to inform small- and medium-sized 
        manufacturers of the information, technologies, and services 
        available; and
            ``(2) coordination activities by each industrial research 
        and assessment center to leverage efforts with--
                    ``(A) Federal, State, and Tribal efforts;
                    ``(B) the efforts of utilities and energy service 
                providers;
                    ``(C) the efforts of regional energy efficiency 
                organizations; and
                    ``(D) the efforts of other industrial research and 
                assessment centers.
    ``(e) Centers of Excellence.--
            ``(1) Establishment.--The Secretary shall establish a 
        Center of Excellence at not more than 5 of the highest-
        performing industrial research and assessment centers, as 
        determined by the Secretary.
            ``(2) Duties.--A Center of Excellence shall coordinate with 
        and advise the industrial research and assessment centers 
        located in the region of the Center of Excellence, including--
                    ``(A) by mentoring new directors and staff of the 
                industrial research and assessment centers with respect 
                to--
                            ``(i) the availability of resources; and
                            ``(ii) best practices for carrying out 
                        assessments, including through the 
                        participation of the staff of the Center of 
                        Excellence in assessments carried out by new 
                        industrial research and assessment centers;
                    ``(B) by providing training to staff and students 
                at the industrial research and assessment centers on 
                new technologies, practices, and tools to expand the 
                scope and impact of the assessments carried out by the 
                centers;
                    ``(C) by assisting the industrial research and 
                assessment centers with specialized technical 
                opportunities, including by providing a clearinghouse 
                of available expertise and tools to assist the centers 
                and clients of the centers in assessing and 
                implementing those opportunities;
                    ``(D) by identifying and coordinating with 
                regional, State, local, Tribal, and utility energy 
                efficiency programs for the purpose of facilitating 
                efforts by industrial research and assessment centers 
                to connect industrial facilities receiving assessments 
                from those centers with regional, State, local, and 
                utility energy efficiency programs that could aid the 
                industrial facilities in implementing any 
                recommendations resulting from the assessments;
                    ``(E) by facilitating coordination between the 
                industrial research and assessment centers and other 
                Federal programs described in paragraphs (1) through 
                (3) of subsection (c); and
                    ``(F) by coordinating the outreach activities of 
                the industrial research and assessment centers under 
                subsection (d)(1).
            ``(3) Funding.--For each fiscal year, out of any amounts 
        made available to carry out this section under subsection (j), 
        the Secretary shall use not less than $500,000 to support each 
        Center of Excellence.
    ``(f) Expansion of Industrial Research and Assessment Centers.--
            ``(1) In general.--The Secretary shall provide funding to 
        establish additional industrial research and assessment centers 
        at trade schools, community colleges, and union training 
        programs.
            ``(2) Purpose.--
                    ``(A) In general.--Subject to subparagraph (B), to 
                the maximum extent practicable, an industrial research 
                and assessment center established under paragraph (1) 
                shall have the same purpose as an institution of higher 
                education-based industrial research center that is 
                funded by the Secretary under subsection (b)(1).
                    ``(B) Consideration of capabilities.--In evaluating 
                or establishing the purpose of an industrial research 
                and assessment center established under paragraph (1), 
                the Secretary shall take into consideration the varying 
                capabilities of trade schools, community colleges, and 
                union training programs.
    ``(g) Workforce Training.--
            ``(1) Internships.--The Secretary shall pay the Federal 
        share of associated internship programs under which students 
        work with or for industries, manufacturers, and energy service 
        providers to implement the recommendations of industrial 
        research and assessment centers.
            ``(2) Apprenticeships.--The Secretary shall pay the Federal 
        share of associated apprenticeship programs under which--
                    ``(A) students work with or for industries, 
                manufacturers, and energy service providers to 
                implement the recommendations of industrial research 
                and assessment centers; and
                    ``(B) employees of facilities that have received an 
                assessment from an industrial research and assessment 
                center work with or for an industrial research and 
                assessment center to gain knowledge on engineering 
                practices and processes to improve productivity and 
                energy savings.
            ``(3) Federal share.--The Federal share of the cost of 
        carrying out internship programs described in paragraph (1) and 
        apprenticeship programs described in paragraph (2) shall be 50 
        percent.
    ``(h) Small Business Loans.--The Administrator of the Small 
Business Administration shall, to the maximum extent practicable, 
expedite consideration of applications from eligible small business 
concerns for loans under the Small Business Act (15 U.S.C. 631 et seq.) 
to implement recommendations developed by the industrial research and 
assessment centers.
    ``(i) Implementation Grants.--
            ``(1) In general.--The Secretary shall establish a program 
        under which the Secretary shall provide grants to eligible 
        entities to implement covered projects.
            ``(2) Application.--An eligible entity seeking a grant 
        under the Program shall submit to the Secretary an application 
        at such time, in such manner, and containing such information 
        as the Secretary may require, including a demonstration of need 
        for financial assistance to implement the proposed covered 
        project.
            ``(3) Priority.--In awarding grants under the Program, the 
        Secretary shall give priority to eligible entities that--
                    ``(A) have had an energy assessment completed by an 
                industrial research and assessment center; and
                    ``(B) propose to carry out a covered project with a 
                greater potential for--
                            ``(i) energy efficiency gains; or
                            ``(ii) greenhouse gas emissions reductions.
            ``(4) Grant amount.--
                    ``(A) Maximum amount.--The amount of a grant 
                provided to an eligible entity under the Program shall 
                not exceed $300,000.
                    ``(B) Federal share.--A grant awarded under the 
                Program for a covered project shall be in an amount 
                that is not more than 50 percent of the cost of the 
                covered project.
                    ``(C) Supplement.--A grant received by an eligible 
                entity under the Program shall supplement, not 
                supplant, any private or State funds available to the 
                eligible entity to carry out the covered project.
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for the period of fiscal years 2022 
through 2026--
            ``(1) $150,000,000 to carry out subsections (a) through 
        (h); and
            ``(2) $400,000,000 to carry out subsection (i).''.
    (c) Clerical Amendment.--The table of contents of the Energy 
Independence and Security Act of 2007 (42 U.S.C. prec. 17001) is 
amended by adding at the end of the items relating to subtitle D of 
title IV the following:

``457. Industrial research and assessment centers.''.

SEC. 5202. SUSTAINABLE MANUFACTURING INITIATIVE.

    (a) In General.--Part E of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6341 et seq.) is amended by adding at the 
end the following:

``SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE.

    ``(a) In General.--As part of the Office of Energy Efficiency and 
Renewable Energy of the Department of Energy, the Secretary, on the 
request of a manufacturer, shall carry out onsite technical assessments 
to identify opportunities for--
            ``(1) maximizing the energy efficiency of industrial 
        processes and cross-cutting systems;
            ``(2) preventing pollution and minimizing waste;
            ``(3) improving efficient use of water in manufacturing 
        processes;
            ``(4) conserving natural resources; and
            ``(5) achieving such other goals as the Secretary 
        determines to be appropriate.
    ``(b) Coordination.--To implement any recommendations resulting 
from an onsite technical assessment carried out under subsection (a) 
and to accelerate the adoption of new and existing technologies and 
processes that improve energy efficiency, the Secretary shall 
coordinate with--
            ``(1) the Advanced Manufacturing Office of the Department 
        of Energy;
            ``(2) the Building Technologies Office of the Department of 
        Energy;
            ``(3) the Federal Energy Management Program of the 
        Department of Energy; and
            ``(4) the private sector and other appropriate agencies, 
        including the National Institute of Standards and Technology.
    ``(c) Research and Development Program for Sustainable 
Manufacturing and Industrial Technologies and Processes.--As part of 
the industrial efficiency programs of the Department of Energy, the 
Secretary shall carry out a joint industry-government partnership 
program to research, develop, and demonstrate new sustainable 
manufacturing and industrial technologies and processes that maximize 
the energy efficiency of industrial plants, reduce pollution, and 
conserve natural resources.''.
    (b) Clerical Amendment.--The table of contents of the Energy Policy 
and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the 
end of the items relating to part E of title III the following:

``376. Sustainable manufacturing initiative.''.

                      PART II--SMART MANUFACTURING

SEC. 5211. DEFINITIONS.

    In this part:
            (1) Energy management system.--The term ``energy management 
        system'' means a business management process based on standards 
        of the American National Standards Institute that enables an 
        organization to follow a systematic approach in achieving 
        continual improvement of energy performance, including energy 
        efficiency, security, use, and consumption.
            (2) Industrial and research assessment center.--The term 
        ``industrial and research assessment center'' means a center 
        located at an institution of higher education, a trade school, 
        a community college, or a union training program that--
                    (A) receives funding from the Department;
                    (B) provides an in-depth assessment of small- and 
                medium-size manufacturer plant sites to evaluate the 
                facilities, services, and manufacturing operations of 
                the plant site; and
                    (C) identifies opportunities for potential savings 
                for small- and medium-size manufacturer plant sites 
                from energy efficiency improvements, waste 
                minimization, pollution prevention, and productivity 
                improvement.
            (3) Information and communication technology.--The term 
        ``information and communication technology'' means any 
        electronic system or equipment (including the content contained 
        in the system or equipment) used to create, convert, 
        communicate, or duplicate data or information, including 
        computer hardware, firmware, software, communication protocols, 
        networks, and data interfaces.
            (4) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (5) North american industry classification system.--The 
        term ``North American Industry Classification System'' means 
        the standard used by Federal statistical agencies in 
        classifying business establishments for the purpose of 
        collecting, analyzing, and publishing statistical data relating 
        to the business economy of the United States.
            (6) Small and medium manufacturers.--The term ``small and 
        medium manufacturers'' means manufacturing firms--
                    (A) classified in the North American Industry 
                Classification System as any of sectors 31 through 33;
                    (B) with gross annual sales of less than 
                $100,000,000;
                    (C) with fewer than 500 employees at the plant 
                site; and
                    (D) with annual energy bills totaling more than 
                $100,000 and less than $3,500,000.
            (7) Smart manufacturing.--The term ``smart manufacturing'' 
        means advanced technologies in information, automation, 
        monitoring, computation, sensing, modeling, artificial 
        intelligence, analytics, and networking that--
                    (A) digitally--
                            (i) simulate manufacturing production 
                        lines;
                            (ii) operate computer-controlled 
                        manufacturing equipment;
                            (iii) monitor and communicate production 
                        line status; and
                            (iv) manage and optimize energy 
                        productivity and cost throughout production;
                    (B) model, simulate, and optimize the energy 
                efficiency of a factory building;
                    (C) monitor and optimize building energy 
                performance;
                    (D) model, simulate, and optimize the design of 
                energy efficient and sustainable products, including 
                the use of digital prototyping and additive 
                manufacturing to enhance product design;
                    (E) connect manufactured products in networks to 
                monitor and optimize the performance of the networks, 
                including automated network operations; and
                    (F) digitally connect the supply chain network.

SEC. 5212. LEVERAGING EXISTING AGENCY PROGRAMS TO ASSIST SMALL AND 
              MEDIUM MANUFACTURERS.

    The Secretary shall expand the scope of technologies covered by the 
industrial and research assessment centers of the Department--
            (1) to include smart manufacturing technologies and 
        practices; and
            (2) to equip the directors of the industrial and research 
        assessment centers with the training and tools necessary to 
        provide technical assistance in smart manufacturing 
        technologies and practices, including energy management 
        systems, to manufacturers.

SEC. 5213. LEVERAGING SMART MANUFACTURING INFRASTRUCTURE AT NATIONAL 
              LABORATORIES.

    (a) Study.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall conduct a study on 
        how the Department can increase access to existing high-
        performance computing resources in the National Laboratories, 
        particularly for small and medium manufacturers.
            (2) Inclusions.--In identifying ways to increase access to 
        National Laboratories under paragraph (1), the Secretary 
        shall--
                    (A) focus on increasing access to the computing 
                facilities of the National Laboratories; and
                    (B) ensure that--
                            (i) the information from the manufacturer 
                        is protected; and
                            (ii) the security of the National 
                        Laboratory facility is maintained.
            (3) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        report describing the results of the study.
    (b) Actions for Increased Access.--The Secretary shall facilitate 
access to the National Laboratories studied under subsection (a) for 
small and medium manufacturers so that small and medium manufacturers 
can fully use the high-performance computing resources of the National 
Laboratories to enhance the manufacturing competitiveness of the United 
States.

SEC. 5214. STATE MANUFACTURING LEADERSHIP.

    (a) Financial Assistance Authorized.--The Secretary may provide 
financial assistance on a competitive basis to States for the 
establishment of programs to be used as models for supporting the 
implementation of smart manufacturing technologies.
    (b) Applications.--
            (1) In general.--To be eligible to receive financial 
        assistance under this section, a State shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may require.
            (2) Criteria.--The Secretary shall evaluate an application 
        for financial assistance under this section on the basis of 
        merit using criteria identified by the Secretary, including--
                    (A) technical merit, innovation, and impact;
                    (B) research approach, workplan, and deliverables;
                    (C) academic and private sector partners; and
                    (D) alternate sources of funding.
    (c) Requirements.--
            (1) Term.--The term of an award of financial assistance 
        under this section shall not exceed 3 years.
            (2) Maximum amount.--The amount of an award of financial 
        assistance under this section shall be not more than 
        $2,000,000.
            (3) Matching requirement.--Each State that receives 
        financial assistance under this section shall contribute 
        matching funds in an amount equal to not less than 30 percent 
        of the amount of the financial assistance.
    (d) Use of Funds.--A State may use financial assistance provided 
under this section--
            (1) to facilitate access to high-performance computing 
        resources for small and medium manufacturers; and
            (2) to provide assistance to small and medium manufacturers 
        to implement smart manufacturing technologies and practices.
    (e) Evaluation.--The Secretary shall conduct semiannual evaluations 
of each award of financial assistance under this section--
            (1) to determine the impact and effectiveness of programs 
        funded with the financial assistance; and
            (2) to provide guidance to States on ways to better execute 
        the program of the State.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $50,000,000 for 
the period of fiscal years 2022 through 2026.

SEC. 5215. REPORT.

    The Secretary annually shall submit to Congress and make publicly 
available a report on the progress made in advancing smart 
manufacturing in the United States.

                   Subtitle D--Schools and Nonprofits

SEC. 5301. GRANTS FOR ENERGY EFFICIENCY IMPROVEMENTS AND RENEWABLE 
              ENERGY IMPROVEMENTS AT PUBLIC SCHOOL FACILITIES.

    (a) Definitions.--In this section:
            (1) Alternative fueled vehicle.--The term ``alternative 
        fueled vehicle'' has the meaning given the term in section 301 
        of the Energy Policy Act of 1992 (42 U.S.C. 13211).
            (2) Alternative fueled vehicle infrastructure.--The term 
        ``alternative fueled vehicle infrastructure'' means 
        infrastructure used to charge or fuel an alternative fueled 
        vehicle.
            (3) Eligible entity.--The term ``eligible entity'' means a 
        consortium of--
                    (A) 1 local educational agency; and
                    (B) 1 or more--
                            (i) schools;
                            (ii) nonprofit organizations that have the 
                        knowledge and capacity to partner and assist 
                        with energy improvements;
                            (iii) for-profit organizations that have 
                        the knowledge and capacity to partner and 
                        assist with energy improvements; or
                            (iv) community partners that have the 
                        knowledge and capacity to partner and assist 
                        with energy improvements.
            (4) Energy improvement.--The term ``energy improvement'' 
        means--
                    (A) any improvement, repair, or renovation to a 
                school that results in a direct reduction in school 
                energy costs, including improvements to the envelope, 
                air conditioning system, ventilation system, heating 
                system, domestic hot water heating system, compressed 
                air system, distribution system, lighting system, power 
                system, and controls of a building;
                    (B) any improvement, repair, or renovation to, or 
                installation in, a school that--
                            (i) leads to an improvement in teacher and 
                        student health, including indoor air quality; 
                        and
                            (ii) achieves energy savings;
                    (C) any improvement, repair, or renovation to a 
                school involving the installation of renewable energy 
                technologies;
                    (D) the installation of alternative fueled vehicle 
                infrastructure on school grounds for--
                            (i) exclusive use of school buses, school 
                        fleets, or students; or
                            (ii) the general public; and
                    (E) the purchase or lease of alternative fueled 
                vehicles to be used by a school, including school 
                buses, fleet vehicles, and other operational vehicles.
            (5) High school.--The term ``high school'' has the meaning 
        given the term in section 8101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
            (6) 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).
            (7) Nonprofit organization.--The term ``nonprofit 
        organization'' means a nonprofit organization described in 
        section 501(c)(3) of the Internal Revenue Code of 1986 that is 
        exempt from tax under section 501(a) of such Code.
            (8) Partnering local educational agency.--The term 
        ``partnering local educational agency'', with respect to an 
        eligible entity, means the local educational agency 
        participating in the consortium of the eligible entity.
    (b) Grants.--The Secretary shall award competitive grants to 
eligible entities to make energy improvements in accordance with this 
section.
    (c) Applications.--
            (1) In general.--An eligible entity desiring a grant under 
        this section shall submit to the Secretary an application at 
        such time, in such manner, and containing such information as 
        the Secretary may require.
            (2) Contents.--The application submitted under paragraph 
        (1) shall include each of the following:
                    (A) A needs assessment of the current condition of 
                the school and school facilities that would receive the 
                energy improvements if the application were approved.
                    (B) A draft work plan of the intended achievements 
                of the eligible entity at the school.
                    (C) A description of the energy improvements that 
                the eligible entity would carry out at the school if 
                the application were approved.
                    (D) A description of the capacity of the eligible 
                entity to provide services and comprehensive support to 
                make the energy improvements referred to in 
                subparagraph (C).
                    (E) An assessment of the expected needs of the 
                eligible entity for operation and maintenance training 
                funds, and a plan for use of those funds, if 
                applicable.
                    (F) An assessment of the expected energy 
                efficiency, energy savings, and safety benefits of the 
                energy improvements.
                    (G) A cost estimate of the proposed energy 
                improvements.
                    (H) An identification of other resources that are 
                available to carry out the activities for which grant 
                funds are requested under this section, including the 
                availability of utility programs and public benefit 
                funds.
    (d) Priority.--
            (1) In general.--In awarding grants under this section, the 
        Secretary shall give priority to an eligible entity--
                    (A) that has renovation, repair, and improvement 
                funding needs;
                    (B)(i) that, as determined by the Secretary, serves 
                a high percentage of students, including students in a 
                high school in accordance with paragraph (2), who are 
                eligible for a free or reduced price lunch under the 
                Richard B. Russell National School Lunch Act (42 U.S.C. 
                1751 et seq.); or
                    (ii) the partnering local educational agency of 
                which is designated with a school district locale code 
                of 41, 42, or 43, as determined by the National Center 
                for Education Statistics in consultation with the 
                Bureau of the Census; and
                    (C) that leverages private sector investment 
                through energy-related performance contracting.
            (2) High school students.--In the case of students in a 
        high school, the percentage of students eligible for a free or 
        reduced price lunch described in paragraph (1)(B)(i) shall be 
        calculated using data from the schools that feed into the high 
        school.
    (e) Competitive Criteria.--The competitive criteria used by the 
Secretary to award grants under this section shall include the 
following:
            (1) The extent of the disparity between the fiscal capacity 
        of the eligible entity to carry out energy improvements at 
        school facilities and the needs of the partnering local 
        educational agency for those energy improvements, including 
        consideration of--
                    (A) the current and historic ability of the 
                partnering local educational agency to raise funds for 
                construction, renovation, modernization, and major 
                repair projects for schools;
                    (B) the ability of the partnering local educational 
                agency to issue bonds or receive other funds to support 
                the current infrastructure needs of the partnering 
                local educational agency for schools; and
                    (C) the bond rating of the partnering local 
                educational agency.
            (2) The likelihood that the partnering local educational 
        agency or eligible entity will maintain, in good condition, any 
        school and school facility that is the subject of improvements.
            (3) The potential energy efficiency and safety benefits 
        from the proposed energy improvements.
    (f) Use of Grant Amounts.--
            (1) In general.--Except as provided in this subsection, an 
        eligible entity receiving a grant under this section shall use 
        the grant amounts only to make the energy improvements 
        described in the application submitted by the eligible entity 
        under subsection (c).
            (2) Operation and maintenance training.--An eligible entity 
        receiving a grant under this section may use not more than 5 
        percent of the grant amounts for operation and maintenance 
        training for energy efficiency and renewable energy 
        improvements, such as maintenance staff and teacher training, 
        education, and preventative maintenance training.
            (3) Third-party investigation and analysis.--An eligible 
        entity receiving a grant under this section may use a portion 
        of the grant amounts for a third-party investigation and 
        analysis of the energy improvements carried out by the eligible 
        entity, such as energy audits and existing building 
        commissioning.
            (4) Continuing education.--An eligible entity receiving a 
        grant under this section may use not more than 3 percent of the 
        grant amounts to develop a continuing education curriculum 
        relating to energy improvements.
    (g) Competition in Contracting.--If an eligible entity receiving a 
grant under this section uses grant funds to carry out repair or 
renovation through a contract, the eligible entity shall be required to 
ensure that the contract process--
            (1) through full and open competition, ensures the maximum 
        practicable number of qualified bidders, including small, 
        minority, and women-owned businesses; and
            (2) gives priority to businesses located in, or resources 
        common to, the State or geographical area in which the repair 
        or renovation under the contract will be carried out.
    (h) Best Practices.--The Secretary shall develop and publish 
guidelines and best practices for activities carried out under this 
section.
    (i) Report by Eligible Entity.--An eligible entity receiving a 
grant under this section shall submit to the Secretary, at such time as 
the Secretary may require, a report describing--
            (1) the use of the grant funds for energy improvements;
            (2) the estimated cost savings realized by those energy 
        improvements;
            (3) the results of any third-party investigation and 
        analysis conducted relating to those energy improvements;
            (4) the use of any utility programs and public benefit 
        funds; and
            (5) the use of performance tracking for energy 
        improvements, such as--
                    (A) the Energy Star program established under 
                section 324A of the Energy Policy and Conservation Act 
                (42 U.S.C. 6294a); or
                    (B) the United States Green Building Council 
                Leadership in Energy and Environmental Design (LEED) 
                green building rating system for existing buildings.
    (j) 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. 5302. ENERGY EFFICIENCY MATERIALS PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) Applicant.--The term ``applicant'' means a nonprofit 
        organization that applies for a grant under this section.
            (2) Energy-efficiency material.--
                    (A) In general.--The term ``energy-efficiency 
                material'' means a material (including a product, 
                equipment, or system) the installation of which results 
                in a reduction in use by a nonprofit organization of 
                energy or fuel.
                    (B) Inclusions.--The term ``energy-efficiency 
                material'' includes--
                            (i) a roof or lighting system or component 
                        of the system;
                            (ii) a window;
                            (iii) a door, including a security door; 
                        and
                            (iv) a heating, ventilation, or air 
                        conditioning system or component of the system 
                        (including insulation and wiring and plumbing 
                        improvements needed to serve a more efficient 
                        system).
            (3) Nonprofit building.--The term ``nonprofit building'' 
        means a building operated and owned by an organization that is 
        described in section 501(c)(3) of the Internal Revenue Code of 
        1986 and exempt from tax under section 501(a) of such Code.
    (b) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall establish a pilot program to 
award grants for the purpose of providing nonprofit buildings with 
energy-efficiency materials.
    (c) Grants.--
            (1) In general.--The Secretary may award grants under the 
        program established under subsection (b).
            (2) Application.--The Secretary may award a grant under 
        paragraph (1) if an applicant submits to the Secretary an 
        application at such time, in such form, and containing such 
        information as the Secretary may prescribe.
            (3) Criteria for grant.--In determining whether to award a 
        grant under paragraph (1), the Secretary shall apply 
        performance-based criteria, which shall give priority to 
        applicants based on--
                    (A) the energy savings achieved;
                    (B) the cost effectiveness of the use of energy-
                efficiency materials;
                    (C) an effective plan for evaluation, measurement, 
                and verification of energy savings; and
                    (D) the financial need of the applicant.
            (4) Limitation on individual grant amount.--Each grant 
        awarded under this section shall not exceed $200,000.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $50,000,000 for 
the period of fiscal years 2022 through 2026, to remain available until 
expended.

                       Subtitle E--Miscellaneous

SEC. 5401. WEATHERIZATION ASSISTANCE PROGRAM.

    There is authorized to be appropriated to the Secretary for 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.) 
$3,500,000,000 for fiscal year 2022, to remain available until 
expended.

SEC. 5402. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM.

    (a) Use of Funds.--Section 544 of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17154) is amended--
            (1) in paragraph (13)(D), by striking ``and'' after the 
        semicolon;
            (2) by redesignating paragraph (14) as paragraph (15); and
            (3) by inserting after paragraph (13) the following:
            ``(14) programs for financing energy efficiency, renewable 
        energy, and zero-emission transportation (and associated 
        infrastructure), capital investments, projects, and programs, 
        which may include loan programs and performance contracting 
        programs, for leveraging of additional public and private 
        sector funds, and programs that allow rebates, grants, or other 
        incentives for the purchase and installation of energy 
        efficiency, renewable energy, and zero-emission transportation 
        (and associated infrastructure) measures; and''.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary for the Energy Efficiency and 
Conservation Block Grant Program established under section 542(a) of 
the Energy Independence and Security Act of 2007 (42 U.S.C. 17152(a)) 
$550,000,000 for fiscal year 2022, to remain available until expended.

SEC. 5403. SURVEY, ANALYSIS, AND REPORT ON EMPLOYMENT AND DEMOGRAPHICS 
              IN THE ENERGY, ENERGY EFFICIENCY, AND MOTOR VEHICLE 
              SECTORS OF THE UNITED STATES.

    (a) Energy Jobs Council.--
            (1) Establishment.--The Secretary shall establish a 
        council, to be known as the ``Energy Jobs Council'' (referred 
        to in this section as the ``Council'').
            (2) Membership.--The Council shall be comprised of--
                    (A) to be appointed by the Secretary--
                            (i) 1 or more representatives of the Energy 
                        Information Administration; and
                            (ii) 1 or more representatives of a State 
                        energy office that are serving as members of 
                        the State Energy Advisory Board established by 
                        section 365(g) of the Energy Policy and 
                        Conservation Act (42 U.S.C. 6325(g));
                    (B) to be appointed by the Secretary of Commerce--
                            (i) 1 or more representatives of the 
                        Department of Commerce; and
                            (ii) 1 or more representatives of the 
                        Bureau of the Census;
                    (C) 1 or more representatives of the Bureau of 
                Labor Statistics, to be appointed by the Secretary of 
                Labor; and
                    (D) 1 or more representatives of any other Federal 
                agency the assistance of which is required to carry out 
                this section, as determined by the Secretary, to be 
                appointed by the head of the applicable agency.
    (b) Survey and Analysis.--
            (1) In general.--The Council shall--
                    (A) conduct a survey of employers in the energy, 
                energy efficiency, and motor vehicle sectors of the 
                economy of the United States; and
                    (B) perform an analysis of the employment figures 
                and demographics in those sectors, including the number 
                of personnel in each sector who devote a substantial 
                portion of working hours, as determined by the 
                Secretary, to regulatory compliance matters.
            (2) Methodology.--In conducting the survey and analysis 
        under paragraph (1), the Council shall employ a methodology 
        that--
                    (A) was approved in 2016 by the Office of 
                Management and Budget for use in the document entitled 
                ``OMB Control Number 1910-5179'';
                    (B) uses a representative, stratified sampling of 
                businesses in the United States; and
                    (C) is designed to elicit a comparable number of 
                responses from businesses in each State and with the 
                same North American Industry Classification System 
                codes as were received for the 2016 and 2017 reports 
                entitled ``U.S. Energy and Employment Report''.
            (3) Consultation.--In conducting the survey and analysis 
        under paragraph (1), the Council shall consult with key 
        stakeholders, including--
                    (A) as the Council determines to be appropriate, 
                the heads of relevant Federal agencies and offices, 
                including--
                            (i) the Secretary of Commerce;
                            (ii) the Secretary of Transportation;
                            (iii) the Director of the Bureau of the 
                        Census;
                            (iv) the Commissioner of the Bureau of 
                        Labor Statistics; and
                            (v) the Administrator of the Environmental 
                        Protection Agency;
                    (B) States;
                    (C) the State Energy Advisory Board established by 
                section 365(g) of the Energy Policy and Conservation 
                Act (42 U.S.C. 6325(g)); and
                    (D) energy industry trade associations.
    (c) Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter, the Secretary 
        shall--
                    (A) make publicly available on the website of the 
                Department a report, to be entitled the ``U.S. Energy 
                and Employment Report'', describing the employment 
                figures and demographics in the energy, energy 
                efficiency, and motor vehicle sectors of the United 
                States, and the average number of hours devoted to 
                regulatory compliance, based on the survey and analysis 
                conducted under subsection (b); and
                    (B) subject to the requirements of subchapter III 
                of chapter 35 of title 44, United States Code, make the 
                data collected by the Council publicly available on the 
                website of the Department.
            (2) Contents.--
                    (A) In general.--The report under paragraph (1) 
                shall include employment figures and demographic data 
                for--
                            (i) the energy sector of the economy of the 
                        United States, including--
                                    (I) the electric power generation 
                                and fuels sector; and
                                    (II) the transmission, storage, and 
                                distribution sector;
                            (ii) the energy efficiency sector of the 
                        economy of the United States; and
                            (iii) the motor vehicle sector of the 
                        economy of the United States.
                    (B) Inclusion.--With respect to each sector 
                described in subparagraph (A), the report under 
                paragraph (1) shall include employment figures and 
                demographic data sorted by--
                            (i) each technology, subtechnology, and 
                        fuel type of those sectors; and
                            (ii) subject to the requirements of the 
                        Confidential Information Protection and 
                        Statistical Efficiency Act of 2002 (44 U.S.C. 
                        3501 note; Public Law 107-347)--
                                    (I) each State;
                                    (II) each territory of the United 
                                States;
                                    (III) the District of Columbia; and
                                    (IV) each county (or equivalent 
                                jurisdiction) in the United States.

SEC. 5404. ASSISTING FEDERAL FACILITIES WITH ENERGY CONSERVATION 
              TECHNOLOGIES GRANT PROGRAM.

    There is authorized to be appropriated to the Secretary to provide 
grants authorized under section 546(b) of the National Energy 
Conservation Policy Act (42 U.S.C. 8256(b)), $250,000,000 for fiscal 
year 2022, to remain available until expended.

SEC. 5405. REBATES.

    There are authorized to be appropriated to the Secretary for the 
period of fiscal years 2022 and 2023--
            (1) $10,000,000 for the extended product system rebate 
        program authorized under section 1005 of the Energy Act of 2020 
        (42 U.S.C. 6311 note; Public Law 116-260); and
            (2) $10,000,000 for the energy efficient transformer rebate 
        program authorized under section 1006 of the Energy Act of 2020 
        (42 U.S.C. 6317 note; Public Law 116-260).

SEC. 5406. MODEL GUIDANCE FOR COMBINED HEAT AND POWER SYSTEMS AND WASTE 
              HEAT TO POWER SYSTEMS.

    (a) Definitions.--In this section:
            (1) Additional services.--The term ``additional services'' 
        means the provision of supplementary power, backup or standby 
        power, maintenance power, or interruptible power to an electric 
        consumer by an electric utility.
            (2) Waste heat to power system.--The term ``waste heat to 
        power system'' means a system that generates electricity 
        through the recovery of waste energy.
            (3) Other terms.--
                    (A) Purpa.--The terms ``electric consumer'', 
                ``electric utility'', ``interconnection service'', 
                ``nonregulated electric utility'', and ``State 
                regulatory authority'' have the meanings given those 
                terms in the Public Utility Regulatory Policies Act of 
                1978 (16 U.S.C. 2601 et seq.), within the meaning of 
                title I of that Act (16 U.S.C. 2611 et seq.).
                    (B) Epca.--The terms ``combined heat and power 
                system'' and ``waste energy'' have the meanings given 
                those terms in section 371 of the Energy Policy and 
                Conservation Act (42 U.S.C. 6341).
    (b) Review.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Federal Energy Regulatory Commission and other appropriate 
        entities, shall review existing rules and procedures relating 
        to interconnection service and additional services throughout 
        the United States for electric generation with nameplate 
        capacity up to 150 megawatts connecting at either distribution 
        or transmission voltage levels to identify barriers to the 
        deployment of combined heat and power systems and waste heat to 
        power systems.
            (2) Inclusion.--The review under this subsection shall 
        include a review of existing rules and procedures relating to--
                    (A) determining and assigning costs of 
                interconnection service and additional services; and
                    (B) ensuring adequate cost recovery by an electric 
                utility for interconnection service and additional 
                services.
    (c) Model Guidance.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Federal Energy Regulatory Commission and other appropriate 
        entities, shall issue model guidance for interconnection 
        service and additional services for consideration by State 
        regulatory authorities and nonregulated electric utilities to 
        reduce the barriers identified under subsection (b)(1).
            (2) Current best practices.--The model guidance issued 
        under this subsection shall reflect, to the maximum extent 
        practicable, current best practices to encourage the deployment 
        of combined heat and power systems and waste heat to power 
        systems while ensuring the safety and reliability of the 
        interconnected units and the distribution and transmission 
        networks to which the units connect, including--
                    (A) relevant current standards developed by the 
                Institute of Electrical and Electronic Engineers; and
                    (B) model codes and rules adopted by--
                            (i) States; or
                            (ii) associations of State regulatory 
                        agencies.
            (3) Factors for consideration.--In establishing the model 
        guidance under this subsection, the Secretary shall take into 
        consideration--
                    (A) the appropriateness of using standards or 
                procedures for interconnection service that vary based 
                on unit size, fuel type, or other relevant 
                characteristics;
                    (B) the appropriateness of establishing fast-track 
                procedures for interconnection service;
                    (C) the value of consistency with Federal 
                interconnection rules established by the Federal Energy 
                Regulatory Commission as of the date of enactment of 
                this Act;
                    (D) the best practices used to model outage 
                assumptions and contingencies to determine fees or 
                rates for additional services;
                    (E) the appropriate duration, magnitude, or usage 
                of demand charge ratchets;
                    (F) potential alternative arrangements with respect 
                to the procurement of additional services, including--
                            (i) contracts tailored to individual 
                        electric consumers for additional services;
                            (ii) procurement of additional services by 
                        an electric utility from a competitive market; 
                        and
                            (iii) waivers of fees or rates for 
                        additional services for small electric 
                        consumers; and
                    (G) outcomes such as increased electric 
                reliability, fuel diversification, enhanced power 
                quality, and reduced electric losses that may result 
                from increased use of combined heat and power systems 
                and waste heat to power systems.

               TITLE VI--METHANE REDUCTION INFRASTRUCTURE

SEC. 6001. ORPHANED WELL SITE PLUGGING, REMEDIATION, AND RESTORATION.

    Section 349 of the Energy Policy Act of 2005 (42 U.S.C. 15907) is 
amended to read as follows:

``SEC. 349. ORPHANED WELL SITE PLUGGING, REMEDIATION, AND RESTORATION.

    ``(a) Definitions.--In this section:
            ``(1) Federal land.--The term `Federal land' means land 
        administered by a land management agency within--
                    ``(A) the Department of Agriculture; or
                    ``(B) the Department of the Interior.
            ``(2) Idled well.--The term `idled well' means a well--
                    ``(A) that has been nonoperational for not fewer 
                than 4 years; and
                    ``(B) for which there is no anticipated beneficial 
                future use.
            ``(3) Indian tribe.--The term `Indian Tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            ``(4) Operator.--The term `operator', with respect to an 
        oil or gas operation, means any entity, including a lessee or 
        operating rights owner, that has provided to a relevant 
        authority a written statement that the entity is responsible 
        for the oil or gas operation, or any portion of the operation.
            ``(5) Orphaned well.--The term `orphaned well'--
                    ``(A) with respect to Federal land or Tribal land, 
                means a well--
                            ``(i)(I) that is not used for an authorized 
                        purpose, such as production, injection, or 
                        monitoring; and
                            ``(II)(aa) for which no operator can be 
                        located;
                            ``(bb) the operator of which is unable--
                                    ``(AA) to plug the well; and
                                    ``(BB) to remediate and reclaim the 
                                well site; or
                            ``(cc) that is within the National 
                        Petroleum Reserve-Alaska; and
                    ``(B) with respect to State or private land--
                            ``(i) has the meaning given the term by the 
                        applicable State; or
                            ``(ii) if that State uses different 
                        terminology, has the meaning given another term 
                        used by the State to describe a well eligible 
                        for plugging, remediation, and reclamation by 
                        the State.
            ``(6) Tribal land.--The term `Tribal land' means any land 
        or interest in land owned by an Indian Tribe, the title to 
        which is--
                    ``(A) held in trust by the United States; or
                    ``(B) subject to a restriction against alienation 
                under Federal law.
    ``(b) Federal Program.--
            ``(1) Establishment.--Not later than 60 days after the date 
        of enactment of the Energy Infrastructure Act, the Secretary 
        shall establish a program to plug, remediate, and reclaim 
        orphaned wells located on Federal land.
            ``(2) Included activities.--The program under this 
        subsection shall--
                    ``(A) include a method of--
                            ``(i) identifying, characterizing, and 
                        inventorying orphaned wells and associated 
                        pipelines, facilities, and infrastructure on 
                        Federal land; and
                            ``(ii) ranking those orphaned wells for 
                        priority in plugging, remediation, and 
                        reclamation, based on--
                                    ``(I) public health and safety;
                                    ``(II) potential environmental 
                                harm; and
                                    ``(III) other subsurface impacts or 
                                land use priorities;
                    ``(B) distribute funding in accordance with the 
                priorities established under subparagraph (A)(ii) for--
                            ``(i) plugging orphaned wells;
                            ``(ii) remediating and reclaiming well pads 
                        and facilities associated with orphaned wells;
                            ``(iii) remediating soil and restoring 
                        native species habitat that has been degraded 
                        due to the presence of orphaned wells and 
                        associated pipelines, facilities, and 
                        infrastructure; and
                            ``(iv) remediating land adjacent to 
                        orphaned wells and decommissioning or removing 
                        associated pipelines, facilities, and 
                        infrastructure;
                    ``(C) provide a public accounting of the costs of 
                plugging, remediation, and reclamation for each 
                orphaned well;
                    ``(D) seek to determine the identities of 
                potentially responsible parties associated with the 
                orphaned well (or a surety or guarantor of such a 
                party), to the extent such information can be 
                ascertained, and make efforts to obtain reimbursement 
                for expenditures to the extent practicable;
                    ``(E) measure or estimate and track--
                            ``(i) emissions of methane and other gases 
                        associated with orphaned wells; and
                            ``(ii) contamination of groundwater or 
                        surface water associated with orphaned wells; 
                        and
                    ``(F) identify and address any disproportionate 
                burden of adverse human health or environmental effects 
                of orphaned wells on communities of color, low-income 
                communities, and Tribal and indigenous communities.
            ``(3) Idled wells.--The Secretary, acting through the 
        Director of the Bureau of Land Management, shall--
                    ``(A) periodically review all idled wells on 
                Federal land; and
                    ``(B) reduce the inventory of idled wells on 
                Federal land.
            ``(4) Cooperation and consultation.--In carrying out the 
        program under this subsection, the Secretary shall--
                    ``(A) work cooperatively with--
                            ``(i) the Secretary of Agriculture;
                            ``(ii) affected Indian Tribes; and
                            ``(iii) each State within which Federal 
                        land is located; and
                    ``(B) consult with--
                            ``(i) the Secretary of Energy; and
                            ``(ii) the Interstate Oil and Gas Compact 
                        Commission.
    ``(c) Funding for State Programs.--
            ``(1) In general.--The Secretary shall provide to States, 
        in accordance with this subsection--
                    ``(A) initial grants under paragraph (3);
                    ``(B) formula grants under paragraph (4); and
                    ``(C) performance grants under paragraph (5).
            ``(2) Activities.--
                    ``(A) In general.--A State may use funding provided 
                under this subsection for any of the following 
                purposes:
                            ``(i) To plug, remediate, and reclaim 
                        orphaned wells located on State-owned or 
                        privately owned land.
                            ``(ii) To identify and characterize 
                        undocumented orphaned wells on State and 
                        private land.
                            ``(iii) To rank orphaned wells based on 
                        factors including--
                                    ``(I) public health and safety;
                                    ``(II) potential environmental 
                                harm; and
                                    ``(III) other land use priorities.
                            ``(iv) To make information regarding the 
                        use of funds received under this subsection 
                        available on a public website.
                            ``(v) To measure and track--
                                    ``(I) emissions of methane and 
                                other gases associated with orphaned 
                                wells; and
                                    ``(II) contamination of groundwater 
                                or surface water associated with 
                                orphaned wells.
                            ``(vi) To remediate soil and restore native 
                        species habitat that has been degraded due to 
                        the presence of orphaned wells and associated 
                        pipelines, facilities, and infrastructure.
                            ``(vii) To remediate land adjacent to 
                        orphaned wells and decommission or remove 
                        associated pipelines, facilities, and 
                        infrastructure.
                            ``(viii) To identify and address any 
                        disproportionate burden of adverse human health 
                        or environmental effects of orphaned wells on 
                        communities of color, low-income communities, 
                        and Tribal and indigenous communities.
                            ``(ix) Subject to subparagraph (B), to 
                        administer a program to carry out any 
                        activities described in clauses (i) through 
                        (viii).
                    ``(B) Administrative cost limitation.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), a State shall not use more than 10 
                        percent of the funds received under this 
                        subsection during a fiscal year for 
                        administrative costs under subparagraph 
                        (A)(ix).
                            ``(ii) Exception.--The limitation under 
                        clause (i) shall not apply to funds used by a 
                        State as described in paragraph (3)(A)(ii).
            ``(3) Initial grants.--
                    ``(A) In general.--Subject to the availability of 
                appropriations, the Secretary shall distribute--
                            ``(i) not more than $25,000,000 to each 
                        State that submits to the Secretary, by not 
                        later than 180 days after the date of enactment 
                        of Energy Infrastructure Act, a request for 
                        funding under this clause, including--
                                    ``(I) an estimate of the number of 
                                jobs that will be created or saved 
                                through the activities proposed to be 
                                funded; and
                                    ``(II) a certification that--
                                            ``(aa) the State is a 
                                        Member State or Associate 
                                        Member State of the Interstate 
                                        Oil and Gas Compact Commission;
                                            ``(bb) there are 1 or more 
                                        documented orphaned wells 
                                        located in the State; and
                                            ``(cc) the State will use 
                                        not less than 90 percent of the 
                                        funding requested under this 
                                        subsection to issue new 
                                        contracts, amend existing 
                                        contracts, or issue grants for 
                                        plugging, remediation, and 
                                        reclamation work by not later 
                                        than 90 days after the date of 
                                        receipt of the funds; and
                            ``(ii) not more than $5,000,000 to each 
                        State that--
                                    ``(I) requests funding under this 
                                clause;
                                    ``(II) does not receive a grant 
                                under clause (i); and
                                    ``(III) certifies to the Secretary 
                                that--
                                            ``(aa) the State--

                                                    ``(AA) has in 
                                                effect a plugging, 
                                                remediation, and 
                                                reclamation program for 
                                                orphaned wells; or

                                                    ``(BB) the capacity 
                                                to initiate such a 
                                                program; or

                                            ``(bb) the funds provided 
                                        under this paragraph will be 
                                        used to carry out any 
                                        administrative actions 
                                        necessary to develop an 
                                        application for a formula grant 
                                        under paragraph (4) or a 
                                        performance grant under 
                                        paragraph (5).
                    ``(B) Distribution.--Subject to the availability of 
                appropriations, the Secretary shall distribute funds to 
                a State under this paragraph by not later than the date 
                that is 30 days after the date on which the State 
                submits to the Secretary the certification required 
                under clause (i)(II) or (ii)(III) of subparagraph (A), 
                as applicable.
                    ``(C) Deadline for expenditure.--A State that 
                receives funds under this paragraph shall reimburse the 
                Secretary in an amount equal to the amount of the funds 
                that remain unobligated on the date that is 1 year 
                after the date of receipt of the funds.
                    ``(D) Report.--Not later than 15 months after the 
                date on which a State receives funds under this 
                paragraph, the State shall submit to the Secretary a 
                report that describes the means by which the State used 
                the funds in accordance with the certification 
                submitted by the State under subparagraph (A).
            ``(4) Formula grants.--
                    ``(A) Establishment.--
                            ``(i) In general.--The Secretary shall 
                        establish a formula for the distribution to 
                        each State described in clause (ii) of funds 
                        under this paragraph.
                            ``(ii) Description of states.--A State 
                        referred to in clause (i) is a State that, by 
                        not later than 45 days after the date of 
                        enactment of the Energy Infrastructure Act, 
                        submits to the Secretary a notice of the intent 
                        of the State to submit an application under 
                        subparagraph (B), including a description of 
                        the factors described in clause (iii) with 
                        respect to the State.
                            ``(iii) Factors.--The formula established 
                        under clause (i) shall account for, with 
                        respect to an applicant State, the following 
                        factors:
                                    ``(I) Job losses in the oil and gas 
                                industry in the State during the 
                                period--
                                            ``(aa) beginning on March 
                                        1, 2020; and
                                            ``(bb) ending on the date 
                                        of enactment of the Energy 
                                        Infrastructure Act.
                                    ``(II) The number of documented 
                                orphaned wells located in the State, 
                                and the projected cost--
                                            ``(aa) to plug or reclaim 
                                        those orphaned wells;
                                            ``(bb) to reclaim adjacent 
                                        land; and
                                            ``(cc) to decommission or 
                                        remove associated pipelines, 
                                        facilities, and infrastructure.
                            ``(iv) Publication.--Not later than 75 days 
                        after the date of enactment of the Energy 
                        Infrastructure Act, the Secretary shall publish 
                        on a public website the amount that each State 
                        is eligible to receive under the formula under 
                        this subparagraph.
                    ``(B) Application.--To be eligible to receive a 
                formula grant under this paragraph, a State shall 
                submit to the Secretary an application that includes--
                            ``(i) a description of--
                                    ``(I) the State program for 
                                orphaned well plugging, remediation, 
                                and restoration, including legal 
                                authorities, processes used to identify 
                                and prioritize orphaned wells, 
                                procurement mechanisms, and other 
                                program elements demonstrating the 
                                readiness of the State to carry out 
                                proposed activities using the grant;
                                    ``(II) the activities to be carried 
                                out with the grant, including an 
                                identification of the estimated health, 
                                safety, habitat, and environmental 
                                benefits of plugging, remediating, or 
                                reclaiming orphaned wells; and
                                    ``(III) the means by which the 
                                information regarding the activities of 
                                the State under this paragraph will be 
                                made available on a public website;
                            ``(ii) an estimate of--
                                    ``(I) the number of orphaned wells 
                                in the State that will be plugged, 
                                remediated, or reclaimed;
                                    ``(II) the projected cost of--
                                            ``(aa) plugging, 
                                        remediating, or reclaiming 
                                        orphaned wells;
                                            ``(bb) remediating or 
                                        reclaiming adjacent land; and
                                            ``(cc) decommissioning or 
                                        removing associated pipelines, 
                                        facilities, and infrastructure;
                                    ``(III) the amount of that 
                                projected cost that will be offset by 
                                the forfeiture of financial assurance 
                                instruments, the estimated salvage of 
                                well site equipment, or other proceeds 
                                from the orphaned wells and adjacent 
                                land;
                                    ``(IV) the number of jobs that will 
                                be created or saved through the 
                                activities to be funded under this 
                                paragraph; and
                                    ``(V) the amount of funds to be 
                                spent on administrative costs;
                            ``(iii) a certification that any financial 
                        assurance instruments available to cover 
                        plugging, remediation, or reclamation costs 
                        will be used by the State; and
                            ``(iv) the definitions and processes used 
                        by the State to formally identify a well as--
                                    ``(I) an orphaned well; or
                                    ``(II) if the State uses different 
                                terminology, otherwise eligible for 
                                plugging, remediation, and reclamation 
                                by the State.
                    ``(C) Distribution.--Subject to the availability of 
                appropriations, the Secretary shall distribute funds to 
                a State under this paragraph by not later than the date 
                that is 60 days after the date on which the State 
                submits to the Secretary a completed application under 
                subparagraph (B).
                    ``(D) Deadline for expenditure.--A State that 
                receives funds under this paragraph shall reimburse the 
                Secretary in an amount equal to the amount of the funds 
                that remain unobligated on the date that is 5 years 
                after the date of receipt of the funds.
                    ``(E) Consultation.--In making a determination 
                under this paragraph regarding the eligibility of a 
                State to receive a formula grant, the Secretary shall 
                consult with--
                            ``(i) the Administrator of the 
                        Environmental Protection Agency;
                            ``(ii) the Secretary of Energy; and
                            ``(iii) the Interstate Oil and Gas Compact 
                        Commission.
            ``(5) Performance grants.--
                    ``(A) Establishment.--The Secretary shall provide 
                to States, in accordance with this paragraph--
                            ``(i) regulatory improvement grants under 
                        subparagraph (E); and
                            ``(ii) matching grants under subparagraph 
                        (F).
                    ``(B) Application.--To be eligible to receive a 
                grant under this paragraph, a State shall submit to the 
                Secretary an application including--
                            ``(i) each element described in an 
                        application for a grant under paragraph (4)(B);
                            ``(ii) activities carried out by the State 
                        to address orphaned wells located in the State, 
                        including--
                                    ``(I) increasing State spending on 
                                well plugging, remediation, and 
                                reclamation; or
                                    ``(II) improving regulation of oil 
                                and gas wells; and
                            ``(iii) the means by which the State will 
                        use funds provided under this paragraph--
                                    ``(I) to lower unemployment in the 
                                State; and
                                    ``(II) to improve economic 
                                conditions in economically distressed 
                                areas of the State.
                    ``(C) Distribution.--Subject to the availability of 
                appropriations, the Secretary shall distribute funds to 
                a State under this paragraph by not later than the date 
                that is 60 days after the date on which the State 
                submits to the Secretary a completed application under 
                subparagraph (B).
                    ``(D) Consultation.--In making a determination 
                under this paragraph regarding the eligibility of a 
                State to receive a grant under subparagraph (E) or (F), 
                the Secretary shall consult with--
                            ``(i) the Administrator of the 
                        Environmental Protection Agency;
                            ``(ii) the Secretary of Energy; and
                            ``(iii) the Interstate Oil and Gas Compact 
                        Commission.
                    ``(E) Regulatory improvement grants.--
                            ``(i) In general.--Beginning on the date 
                        that is 180 days after the date on which an 
                        initial grant is provided to a State under 
                        paragraph (3), the Secretary shall, subject to 
                        the availability of appropriations, provide to 
                        the State a regulatory improvement grant under 
                        this subparagraph, if the State meets, during 
                        the 10-year period ending on the date on which 
                        the State submits to the Secretary an 
                        application under subparagraph (B), 1 of the 
                        following criteria:
                                    ``(I) The State has strengthened 
                                plugging standards and procedures 
                                designed to ensure that wells located 
                                in the State are plugged in an 
                                effective manner that protects 
                                groundwater and other natural 
                                resources, public health and safety, 
                                and the environment.
                                    ``(II) The State has made 
                                improvements to State programs designed 
                                to reduce future orphaned well burdens, 
                                such as financial assurance reform, 
                                alternative funding mechanisms for 
                                orphaned well programs, and reforms to 
                                programs relating to well transfer or 
                                temporary abandonment.
                            ``(ii) Limitations.--
                                    ``(I) Number.--The Secretary may 
                                issue to a State under this 
                                subparagraph not more than 1 grant for 
                                each criterion described in subclause 
                                (I) or (II) of clause (i).
                                    ``(II) Maximum amount.--The amount 
                                of a single grant provided to a State 
                                under this subparagraph shall be not 
                                more than $20,000,000.
                            ``(iii) Reimbursement for failure to 
                        maintain protections.--A State that receives a 
                        grant under this subparagraph shall reimburse 
                        the Secretary in an amount equal to the amount 
                        of the grant in any case in which, during the 
                        10-year period beginning on the date of receipt 
                        of the grant, the State enacts a law or 
                        regulation that, if in effect on the date of 
                        submission of the application under 
                        subparagraph (B), would have prevented the 
                        State from being eligible to receive the grant 
                        under clause (i).
                    ``(F) Matching grants.--
                            ``(i) In general.--Beginning on the date 
                        that is 180 days after the date on which an 
                        initial grant is provided to a State under 
                        paragraph (3), the Secretary shall, subject to 
                        the availability of appropriations, provide to 
                        the State funding, in an amount equal to the 
                        difference between--
                                    ``(I) the average annual amount 
                                expended by the State during the period 
                                of fiscal years 2010 through 2019--
                                            ``(aa) to plug, remediate, 
                                        and reclaim orphaned wells; and
                                            ``(bb) to decommission or 
                                        remove associated pipelines, 
                                        facilities, or infrastructure; 
                                        and
                                    ``(II) the amount that the State 
                                certifies to the Secretary the State 
                                will expend, during the fiscal year in 
                                which the State will receive the grant 
                                under this subparagraph--
                                            ``(aa) to plug, remediate, 
                                        and reclaim orphaned wells;
                                            ``(bb) to remediate or 
                                        reclaim adjacent land; and
                                            ``(cc) to decommission or 
                                        remove associated pipelines, 
                                        facilities, and infrastructure.
                            ``(ii) Limitations.--
                                    ``(I) Fiscal year.--The Secretary 
                                may issue to a State under this 
                                subparagraph not more than 1 grant for 
                                each fiscal year.
                                    ``(II) Total funds provided.--The 
                                Secretary may provide to a State under 
                                this subparagraph a total amount equal 
                                to not more than $30,000,000 during the 
                                period of fiscal years 2022 through 
                                2031.
    ``(d) Tribal Orphaned Well Site Plugging, Remediation, and 
Restoration.--
            ``(1) Establishment.--The Secretary shall establish a 
        program under which the Secretary shall--
                    ``(A) provide to Indian Tribes grants in accordance 
                with this subsection; or
                    ``(B) on request of an Indian Tribe and in lieu of 
                a grant under subparagraph (A), administer and carry 
                out plugging, remediation, and reclamation activities 
                in accordance with paragraph (7).
            ``(2) Eligible activities.--
                    ``(A) In general.--An Indian Tribe may use a grant 
                received under this subsection--
                            ``(i) to plug, remediate, or reclaim an 
                        orphaned well on Tribal land;
                            ``(ii) to remediate soil and restore native 
                        species habitat that has been degraded due to 
                        the presence of an orphaned well or associated 
                        pipelines, facilities, or infrastructure on 
                        Tribal land;
                            ``(iii) to remediate Tribal land adjacent 
                        to orphaned wells and decommission or remove 
                        associated pipelines, facilities, and 
                        infrastructure;
                            ``(iv) to provide an online public 
                        accounting of the cost of plugging, 
                        remediation, and reclamation for each orphaned 
                        well site on Tribal land;
                            ``(v) to identify and characterize 
                        undocumented orphaned wells on Tribal land; and
                            ``(vi) to develop or administer a Tribal 
                        program to carry out any activities described 
                        in clauses (i) through (v).
                    ``(B) Administrative cost limitation.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), an Indian Tribe shall not use more 
                        than 10 percent of the funds received under 
                        this subsection during a fiscal year for 
                        administrative costs under subparagraph 
                        (A)(vi).
                            ``(ii) Exception.--The limitation under 
                        clause (i) shall not apply to any funds used to 
                        carry out an administrative action necessary 
                        for the development of a Tribal program 
                        described in subparagraph (A)(vi).
            ``(3) Factors for consideration.--In determining whether to 
        provide to an Indian Tribe a grant under this subsection, the 
        Secretary shall take into consideration--
                    ``(A) the unemployment rate of the Indian Tribe on 
                the date on which the Indian Tribe submits an 
                application under paragraph (4); and
                    ``(B) the estimated number of orphaned wells on the 
                Tribal land of the Indian Tribe.
            ``(4) Application.--To be eligible to receive a grant under 
        this subsection, an Indian Tribe shall submit to the Secretary 
        an application that includes--
                    ``(A) a description of--
                            ``(i) the Tribal program for orphaned well 
                        plugging, remediation, and restoration, 
                        including legal authorities, processes used to 
                        identify and prioritize orphaned wells, 
                        procurement mechanisms, and other program 
                        elements demonstrating the readiness of the 
                        Indian Tribe to carry out the proposed 
                        activities, or plans to develop such a program; 
                        and
                            ``(ii) the activities to be carried out 
                        with the grant, including an identification of 
                        the estimated health, safety, habitat, and 
                        environmental benefits of plugging, 
                        remediating, or reclaiming orphaned wells and 
                        remediating or reclaiming adjacent land; and
                    ``(B) an estimate of--
                            ``(i) the number of orphaned wells that 
                        will be plugged, remediated, or reclaimed; and
                            ``(ii) the projected cost of--
                                    ``(I) plugging, remediating, or 
                                reclaiming orphaned wells;
                                    ``(II) remediating or reclaiming 
                                adjacent land; and
                                    ``(III) decommissioning or removing 
                                associated pipelines, facilities, and 
                                infrastructure.
            ``(5) Distribution.--Subject to the availability of 
        appropriations, the Secretary shall distribute funds to an 
        Indian Tribe under this subsection by not later than the date 
        that is 60 days after the date on which the Indian Tribe 
        submits to the Secretary a completed application under 
        paragraph (4).
            ``(6) Deadline for expenditure.--An Indian Tribe that 
        receives funds under this subsection shall reimburse the 
        Secretary in an amount equal to the amount of the funds that 
        remain unobligated on the date that is 5 years after the date 
        of receipt of the funds, except for cases in which the 
        Secretary has granted the Indian Tribe an extended deadline for 
        completion of the eligible activities after consultation.
            ``(7) Delegation to secretary in lieu of a grant.--
                    ``(A) In general.--In lieu of a grant under this 
                subsection, an Indian Tribe may submit to the Secretary 
                a request for the Secretary to administer and carry out 
                plugging, remediation, and reclamation activities 
                relating to an orphaned well on behalf of the Indian 
                Tribe.
                    ``(B) Administration.--Subject to the availability 
                of appropriations under subsection (h)(1)(E), on 
                submission of a request under subparagraph (A), the 
                Secretary shall administer or carry out plugging, 
                remediation, and reclamation activities for an orphaned 
                well on Tribal land.
    ``(e) Technical Assistance.--The Secretary of Energy, in 
cooperation with the Secretary and the Interstate Oil and Gas Compact 
Commission, shall provide technical assistance to the Federal land 
management agencies and oil and gas producing States and Indian Tribes 
to support practical and economical remedies for environmental problems 
caused by orphaned wells on Federal land, Tribal land, and State and 
private land, including the sharing of best practices in the management 
of oil and gas well inventories to ensure the availability of funds to 
plug, remediate, and restore oil and gas well sites on cessation of 
operation.
    ``(f) Report to Congress.--Not later than 1 year after the date of 
enactment of the Energy Infrastructure Act, and not less frequently 
than annually thereafter, the Secretary shall submit to the Committees 
on Appropriations and Energy and Natural Resources of the Senate and 
the Committees on Appropriations and Natural Resources of the House of 
Representatives a report describing the program established and grants 
awarded under this section, including--
            ``(1) an updated inventory of wells located on Federal 
        land, Tribal land, and State and private land that are--
                    ``(A) orphaned wells; or
                    ``(B) at risk of becoming orphaned wells;
            ``(2) an estimate of the quantities of--
                    ``(A) methane and other gasses emitted from 
                orphaned wells; and
                    ``(B) emissions reduced as a result of plugging, 
                remediating, and reclaiming orphaned wells;
            ``(3) the number of jobs created and saved through the 
        plugging, remediation, and reclamation of orphaned wells; and
            ``(4) the acreage of habitat restored using grants awarded 
        to plug, remediate, and reclaim orphaned wells and to remediate 
        or reclaim adjacent land, together with a description of the 
        purposes for which that land is likely to be used in the 
        future.
    ``(g) Effect of Section.--
            ``(1) No expansion of liability.--Nothing in this section 
        establishes or expands the responsibility or liability of any 
        entity with respect to--
                    ``(A) plugging any well; or
                    ``(B) remediating or reclaiming any well site.
            ``(2) Tribal land.--Nothing in this section--
                    ``(A) relieves the Secretary of any obligation 
                under section 3 of the Act of May 11, 1938 (25 U.S.C. 
                396c; 52 Stat. 348, chapter 198), to plug, remediate, 
                or reclaim an orphaned well located on Tribal land; or
                    ``(B) absolves the United States from a 
                responsibility to plug, remediate, or reclaim an 
                orphaned well located on Tribal land or any other 
                responsibility to an Indian Tribe, including any 
                responsibility that derives from--
                            ``(i) the trust relationship between the 
                        United States and Indian Tribes;
                            ``(ii) any treaty, law, or Executive order; 
                        or
                            ``(iii) any agreement between the United 
                        States and an Indian Tribe.
            ``(3) Owner or operator not absolved.--Nothing in this 
        section absolves the owner or operator of an oil or gas well of 
        any potential liability for--
                    ``(A) reimbursement of any plugging or reclamation 
                costs associated with the well; or
                    ``(B) any adverse effect of the well on the 
                environment.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal year 2022, to remain available until September 
30, 2030:
            ``(1) to the Secretary--
                    ``(A) $250,000,000 to carry out the program under 
                subsection (b);
                    ``(B) $775,000,000 to provide grants under 
                subsection (c)(3);
                    ``(C) $2,000,000,000 to provide grants under 
                subsection (c)(4);
                    ``(D) $1,500,000,000 to provide grants under 
                subsection (c)(5); and
                    ``(E) $150,000,000 to carry out the program under 
                subsection (d);
            ``(2) to the Secretary of Energy, $30,000,000 to conduct 
        research and development activities in cooperation with the 
        Interstate Oil and Gas Compact Commission to assist the Federal 
        land management agencies, States, and Indian Tribes in--
                    ``(A) identifying and characterizing undocumented 
                orphaned wells; and
                    ``(B) mitigating the environmental risks of 
                undocumented orphaned wells; and
            ``(3) to the Interstate Oil and Gas Compact Commission, 
        $2,000,000 to carry out this section.''.

               TITLE VII--ABANDONED MINE LAND RECLAMATION

SEC. 7001. ABANDONED MINE RECLAMATION FUND AUTHORIZATION OF 
              APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated, for 
deposit into the Abandoned Mine Reclamation Fund established by section 
401(a) of the Surface Mining Control and Reclamation Act of 1977 (30 
U.S.C. 1231(a)) $11,293,000,000 for fiscal year 2022, to remain 
available until expended.
    (b) Use of Funds.--
            (1) In general.--Subject to subsection (g), amounts made 
        available under subsection (a) shall be used to provide, as 
        expeditiously as practicable, to States and Indian Tribes 
        described in paragraph (2) annual grants for abandoned mine 
        land and water reclamation projects under the Surface Mining 
        Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.).
            (2) Eligible grant recipients.--Grants may be made under 
        paragraph (1) to--
                    (A) States and Indian Tribes that have a State or 
                Tribal program approved under section 405 of the 
                Surface Mining Control and Reclamation Act of 1977 (30 
                U.S.C. 1235);
                    (B) States and Indian Tribes that are certified 
                under section 411(a) of that Act (30 U.S.C. 1240a(a)); 
                and
                    (C) States and Indian Tribes that are referred to 
                in section 402(g)(8)(B) of that Act (30 U.S.C. 
                1232(g)(8)(B)).
            (3) Contract aggregation.--In applying for grants under 
        paragraph (1), States and Indian Tribes may aggregate bids into 
        larger statewide or regional contracts.
    (c) Covered Activities.--Grants under subsection (b)(1) shall only 
be used for activities described in subsections (a) and (b) of section 
403 and section 410 of the Surface Mining Control and Reclamation Act 
of 1977 (30 U.S.C. 1233, 1240).
    (d) Allocation.--
            (1) In general.--Subject to subsection (e), the Secretary 
        of the Interior shall allocate and distribute amounts made 
        available for grants under subsection (b)(1) to States and 
        Indian Tribes on an equal annual basis over a 15-year period 
        beginning on the date of enactment of this Act, based on the 
        number of tons of coal historically produced in the States or 
        from the applicable Indian land before August 3, 1977, 
        regardless of whether the State or Indian Tribe is certified 
        under section 411(a) of the Surface Mining Control and 
        Reclamation Act of 1977 (30 U.S.C. 1240a(a)).
            (2) Surface mining control and reclamation act exception.--
        Section 401(f)(3)(B) of the Surface Mining Control and 
        Reclamation Act of 1977 (30 U.S.C. 1231(f)(3)(B)) shall not 
        apply to grant funds distributed under subsection (b)(1).
            (3) Report to congress on allocations.--
                    (A) In general.--Not later than 6 years after the 
                date on which the first allocation to States and Indian 
                Tribes is made under paragraph (1), the Secretary of 
                the Interior shall submit to Congress a report that 
                describes any progress made under this section in 
                addressing outstanding reclamation needs under 
                subsection (a) or (b) of section 403 or section 410 of 
                the Surface Mining Control and Reclamation and Act of 
                1977 (30 U.S.C. 1233, 1240).
                    (B) Input.--The Secretary of the Interior shall--
                            (i) prior to submitting the report under 
                        subparagraph (A), solicit the input of the 
                        States and Indian Tribes regarding the progress 
                        referred to in that subparagraph; and
                            (ii) include in the report submitted to 
                        Congress under that subparagraph a description 
                        of any input received under clause (i).
            (4) Redistribution of funds.--
                    (A) Evaluation.--Not later than 20 years after the 
                date of enactment of this Act, the Secretary of the 
                Interior shall evaluate grant payments to States and 
                Indian Tribes made under this section.
                    (B) Unused funds.--On completion of the evaluation 
                under subparagraph (A), States and Indian Tribes shall 
                return any unused funds under this section to the 
                Abandoned Mine Reclamation Fund.
    (e) Total Amount of Grant.--The total amount of grant funding 
provided under subsection (b)(1) to an eligible State or Indian Tribe 
shall be not less than $20,000,000, to the extent that the amount 
needed for reclamation projects described in that subsection on the 
land of the State or Indian Tribe is not less than $20,000,000.
    (f) Priority.--In addition to the priorities described in section 
403(a) of the Surface Mining Control and Reclamation Act of 1977 (30 
U.S.C. 1233(a)), in providing grants under this section, priority may 
also be given to reclamation projects described in subsection (b)(1) 
that provide employment for current and former employees of the coal 
industry.
    (g) Reservation.--Of the funds made available under subsection (a), 
$25,000,000 shall be made available to the Secretary of the Interior to 
provide States and Indian Tribes with the financial and technical 
assistance necessary for the purpose of making amendments to the 
inventory maintained under section 403(c) of the Surface Mining Control 
and Reclamation Act of 1977 (30 U.S.C. 1233(c)).

SEC. 7002. ABANDONED MINE RECLAMATION FEE.

    (a) Amount.--Section 402(a) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1232(a)) is amended--
            (1) by striking ``28 cents'' and inserting ``22.4 cents'';
            (2) by striking ``12 cents'' and inserting ``9.6 cents''; 
        and
            (3) by striking ``8 cents'' and inserting ``6.4 cents''.
    (b) Duration.--Section 402(b) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking 
``September 30, 2021'' and inserting ``September 30, 2034''.

SEC. 7003. AMOUNTS DISTRIBUTED FROM ABANDONED MINE RECLAMATION FUND.

    Section 401(f)(2) of the Surface Mining Control and Reclamation Act 
of 1977 (30 U.S.C. 1231(f)(2)) is amended--
            (1) in subparagraph (A)--
                    (A) in the subparagraph heading, by striking 
                ``2022'' and inserting ``2035''; and
                    (B) in the matter preceding clause (i), by striking 
                ``2022'' and inserting ``2035''; and
            (2) in subparagraph (B)--
                    (A) in the subparagraph heading, by striking 
                ``2023'' and inserting ``2036'';
                    (B) by striking ``2023'' and inserting ``2036''; 
                and
                    (C) by striking ``2022'' and inserting ``2035''.

SEC. 7004. ABANDONED HARDROCK MINE RECLAMATION.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of the Interior (referred to in 
this section as the ``Secretary'') shall establish a program to 
inventory, assess, decommission, reclaim, respond to hazardous 
substance releases on, and remediate abandoned hardrock mine land based 
on conditions including need, public health and safety, potential 
environmental harm, and other land use priorities.
    (b) Award of Grants.--Subject to the availability of funds, the 
Secretary shall provide grants on a competitive or formula basis to 
States and Indian Tribes that have jurisdiction over abandoned hardrock 
mine land to reclaim that land.
    (c) Eligibility.--Amounts made available under this section may 
only be used for Federal, State, Tribal, local, and private land that 
has been affected by past hardrock mining activities, and water 
resources that traverse or are contiguous to such land, including any 
of the following:
            (1) Land and water resources that were--
                    (A) used for, or affected by, hardrock mining 
                activities; and
                    (B) abandoned or left in an inadequate reclamation 
                status before the date of enactment of this Act.
            (2) Land for which the Secretary makes a determination that 
        there is no continuing reclamation responsibility of a claim 
        holder, liable party, operator, or other person that abandoned 
        the site prior to completion of required reclamation under 
        Federal or State law.
    (d) Eligible Activities.--
            (1) In general.--Amounts made available to carry out this 
        section shall be used for the purposes described in subsection 
        (a).
            (2) Exclusion.--Amounts made available to carry out this 
        section may not be used to fulfill obligations under the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601 et seq.) agreed to in a 
        legal settlement or imposed by a court, whether for payment of 
        funds or for work to be performed.
    (e) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $3,000,000,000, to remain available 
        until expended, of which--
                    (A) 50 percent shall be for grants to States and 
                Indian Tribes under subsection (b) for eligible 
                activities described in subsection (d)(1); and
                    (B) 50 percent shall be for available to the 
                Secretary for eligible activities described in 
                subsection (d)(1) on Federal land.
            (2) Transfer.--The Secretary may transfer amounts made 
        available to the Secretary under paragraph (1)(B) to the 
        Secretary of Agriculture for activities described in subsection 
        (a) on National Forest System land.

    TITLE VIII--NATURAL RESOURCES-RELATED INFRASTRUCTURE, WILDFIRE 
                 MANAGEMENT, AND ECOSYSTEM RESTORATION

SEC. 8001. FOREST SERVICE LEGACY ROAD AND TRAIL REMEDIATION PROGRAM.

    (a) Establishment.--Public Law 88-657 (16 U.S.C. 532 et seq.) 
(commonly known as the ``Forest Roads and Trails Act'') is amended by 
adding at the end the following:

``SEC. 8. FOREST SERVICE LEGACY ROAD AND TRAIL REMEDIATION PROGRAM.

    ``(a) Establishment.--The Secretary shall establish the Forest 
Service Legacy Road and Trail Remediation Program (referred to in this 
section as the `Program').
    ``(b) Activities.--In carrying out the Program, the Secretary 
shall, taking into account foreseeable changes in weather and 
hydrology--
            ``(1) restore passages for fish and other aquatic species 
        by--
                    ``(A) improving, repairing, or replacing culverts 
                and other infrastructure; and
                    ``(B) removing barriers, as the Secretary 
                determines appropriate, from the passages;
            ``(2) decommission unauthorized user-created roads and 
        trails that are not a National Forest System road or a National 
        Forest System trail, if the applicable unit of the National 
        Forest System has published--
                    ``(A) a Motor Vehicle Use Map and the road is not 
                identified as a National Forest System road on that 
                Motor Vehicle Use Map; or
                    ``(B) a map depicting the authorized trails in the 
                applicable unit of the National Forest System and the 
                trail is not identified as a National Forest System 
                trail on that map;
            ``(3) prepare previously closed National Forest System 
        roads for long-term storage, in accordance with subsections 
        (c)(1) and (d), in a manner that--
                    ``(A) prevents motor vehicle use, as appropriate to 
                conform to route designations;
                    ``(B) prevents the roads from damaging adjacent 
                resources, including aquatic and wildlife resources;
                    ``(C) reduces or eliminates the need for road 
                maintenance; and
                    ``(D) preserves the roads for future use;
            ``(4) decommission previously closed National Forest System 
        roads and trails in accordance with subsections (c)(1) and (d);
            ``(5) relocate National Forest System roads and trails--
                    ``(A) to increase resilience to extreme weather 
                events, flooding, and other natural disasters; and
                    ``(B) to respond to changing resource conditions 
                and public input;
            ``(6) convert National Forest System roads to National 
        Forest System trails, while allowing for continued use for 
        motorized and nonmotorized recreation, to the extent the use is 
        compatible with the management status of the road or trail;
            ``(7) decommission temporary roads--
                    ``(A) that were constructed before the date of 
                enactment of this section--
                            ``(i) for emergency operations; or
                            ``(ii) to facilitate a resource extraction 
                        project;
                    ``(B) that were designated as a temporary road by 
                the Secretary; and
                    ``(C)(i) in violation of section 10(b) of the 
                Forest and Rangeland Renewable Resources Planning Act 
                of 1974 (16 U.S.C. 1608(b)), on which vegetation cover 
                has not been reestablished; or
                    ``(ii) that have not been fully decommissioned; and
            ``(8) carry out projects on National Forest System roads, 
        trails, and bridges to improve resilience to extreme weather 
        events, flooding, or other natural disasters.
    ``(c) Project Selection.--
            ``(1) Project eligibility.--
                    ``(A) In general.--The Secretary may only fund 
                under the Program a project described in paragraph (3) 
                or (4) of subsection (b) if the Secretary previously 
                and separately--
                            ``(i) solicited public comment for changing 
                        the management status of the applicable 
                        National Forest System road or trail--
                                    ``(I) to close the road or trail to 
                                access; and
                                    ``(II) to minimize impacts to 
                                natural resources; and
                            ``(ii) has closed the road or trail to 
                        access as described in clause (i)(I).
                    ``(B) Requirement.--Each project carried out under 
                the Program shall be on a National Forest System road 
                or trail, except with respect to--
                            ``(i) a project described in subsection 
                        (b)(2); or
                            ``(ii) a project carried out on a watershed 
                        for which the Secretary has entered into a 
                        cooperative agreement under section 323 of the 
                        Department of the Interior and Related Agencies 
                        Appropriations Act, 1999 (16 U.S.C. 1011a).
            ``(2) Annual selection of projects for funding.--The 
        Secretary shall--
                    ``(A) establish a process for annually selecting 
                projects for funding under the Program, consistent with 
                the requirements of this section;
                    ``(B) solicit and consider public input regionally 
                in the ranking of projects for funding under the 
                Program;
                    ``(C) give priority for funding under the Program 
                to projects that would--
                            ``(i) protect or improve water quality in 
                        public drinking water source areas;
                            ``(ii) restore the habitat of a threatened, 
                        endangered, or sensitive fish or wildlife 
                        species; or
                            ``(iii) maintain future access to the 
                        adjacent area for the public, contractors, 
                        permittees, or firefighters; and
                    ``(D) publish on the website of the Forest 
                Service--
                            ``(i) the selection process established 
                        under subparagraph (A); and
                            ``(ii) a list that includes a description 
                        and the proposed outcome of each project funded 
                        under the Program in each fiscal year.
    ``(d) Implementation.--In implementing the Program, the Secretary 
shall ensure that--
            ``(1) the system of roads and trails on the applicable unit 
        of the National Forest System--
                    ``(A) is adequate to meet any increasing demands 
                for timber, recreation, and other uses;
                    ``(B) provides for intensive use, protection, 
                development, and management of the land under 
                principles of multiple use and sustained yield of 
                products and services;
                    ``(C) does not damage, degrade, or impair adjacent 
                resources, including aquatic and wildlife resources, to 
                the extent practicable;
                    ``(D) reflects long-term funding expectations; and
                    ``(E) is adequate for supporting emergency 
                operations, such as evacuation routes during wildfires, 
                floods, and other natural disasters; and
            ``(2) all projects funded under the Program are consistent 
        with any applicable forest plan or travel management plan.
    ``(e) Savings Clause.--A decision to fund a project under the 
Program shall not affect any determination made previously or to be 
made in the future by the Secretary with regard to road or trail 
closures.''.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Agriculture to carry out section 8 of 
Public Law 88-657 (commonly known as the ``Forest Roads and Trails 
Act'') $250,000,000 for the period of fiscal years 2022 through 2026.

SEC. 8002. STUDY AND REPORT ON FEASIBILITY OF REVEGETATING RECLAIMED 
              MINE SITES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of the Interior, acting through the Director 
of the Office of Surface Mining Reclamation and Enforcement, shall 
conduct, and submit to Congress a report describing the results of, a 
study on the feasibility of revegetating reclaimed mined sites.
    (b) Inclusions.--The report submitted under subsection (a) shall 
include--
            (1) recommendations for how a program could be implemented 
        through the Office of Surface Mining Reclamation and 
        Enforcement to revegetate reclaimed mined sites;
            (2) identifications of reclaimed mine sites that would be 
        suitable for inclusion in such a program, including sites on 
        land that--
                    (A) is subject to title IV of the Surface Mining 
                Control and Reclamation Act of 1977 (30 U.S.C. 1231 et 
                seq.); and
                    (B) is not subject to that title;
            (3) a description of any barriers to implementation of such 
        a program, including whether the program would potentially 
        interfere with the authorities contained in, or the 
        implementation of, the Surface Mining Control and Reclamation 
        Act of 1977 (30 U.S.C. 1201 et seq.), including the Abandoned 
        Mine Reclamation Fund created by section 401 of that Act (30 
        U.S.C. 1231) and State reclamation programs under section 405 
        of that Act (30 U.S.C. 1235); and
            (4) a description of the potential for job creation and 
        workforce needs if such a program was implemented.

SEC. 8003. WILDFIRE RISK REDUCTION.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of the Interior and the Secretary of 
Agriculture, acting through the Chief of the Forest Service, for the 
activities described in subsection (c), $3,369,200,000 for the period 
of fiscal years 2022 through 2026.
    (b) Treatment.--Of the Federal land or Indian forest land or 
rangeland that has been identified as having a very high wildfire 
hazard potential, the Secretary of the Interior and the Secretary of 
Agriculture, acting through the Chief of the Forest Service, shall, by 
not later than September 30, 2027, conduct restoration treatments and 
improve the Fire Regime Condition Class of 10,000,000 acres that are 
located in--
            (1) the wildland-urban interface; or
            (2) a public drinking water source area.
    (c) Activities.--Of the amounts made available under subsection (a) 
for the period of fiscal years 2022 through 2026--
            (1) $20,000,000 shall be made available for entering into 
        an agreement with the Administrator of the National Oceanic and 
        Atmospheric Administration to establish and operate a program 
        that makes use of the Geostationary Operational Environmental 
        Satellite Program to rapidly detect and report wildfire starts 
        in all areas in which the Secretary of the Interior or the 
        Secretary of Agriculture has financial responsibility for 
        wildland fire protection and prevention, of which--
                    (A) $10,000,000 shall be made available to the 
                Secretary of the Interior; and
                    (B) $10,000,000 shall be made available to the 
                Secretary of Agriculture;
            (2) $600,000,000 shall be made available for the salaries 
        and expenses of Federal wildland firefighters in accordance 
        with subsection (d), of which--
                    (A) $120,000,000 shall be made available to the 
                Secretary of the Interior; and
                    (B) $480,000,000 shall be made available to the 
                Secretary of Agriculture;
            (3) $10,000,000 shall be made available to the Secretary of 
        the Interior to acquire technology and infrastructure for each 
        Type I and Type II incident management team to maintain 
        interoperability with respect to the radio frequencies used by 
        any responding agency;
            (4) $30,000,000 shall be made available to the Secretary of 
        Agriculture to provide financial assistance to States, Indian 
        Tribes, and units of local government to establish and operate 
        Reverse-911 telecommunication systems;
            (5) $50,000,000 shall be made available to the Secretary of 
        the Interior to establish and implement a pilot program to 
        provide to local governments financial assistance for the 
        acquisition of slip-on tanker units to establish fleets of 
        vehicles that can be quickly converted to be operated as fire 
        engines;
            (6) $1,200,000 shall be made available to the Secretary of 
        Agriculture, in coordination with the Secretary of the 
        Interior, to develop and publish, not later than 180 days after 
        the date of enactment of this Act, and every 5 years 
        thereafter, a map depicting at-risk communities (as defined in 
        section 101 of the Healthy Forests Restoration Act of 2003 (16 
        U.S.C. 6511)), including Tribal at-risk communities;
            (7) $100,000,000 shall be made available to the Secretary 
        of the Interior and the Secretary of Agriculture--
                    (A) for--
                            (i) preplanning fire response workshops 
                        that develop--
                                    (I) potential operational 
                                delineations; and
                                    (II) select potential control 
                                locations; and
                            (ii) workforce training for staff, non-
                        Federal firefighters, and Native village fire 
                        crews for--
                                    (I) wildland firefighting; and
                                    (II) increasing the pace and scale 
                                of vegetation treatments, including 
                                training on how to prepare and 
                                implement large landscape treatments; 
                                and
                    (B) of which--
                            (i) $50,000,000 shall be made available to 
                        the Secretary of the Interior; and
                            (ii) $50,000,000 shall be made available to 
                        the Secretary of Agriculture;
            (8) $20,000,000 shall be made available to the Secretary of 
        Agriculture to enter into an agreement with a Southwest 
        Ecological Restoration Institute established under the 
        Southwest Forest Health and Wildfire Prevention Act of 2004 (16 
        U.S.C. 6701 et seq.)--
                    (A) to compile and display existing data, including 
                geographic data, for hazardous fuel reduction or 
                wildfire prevention treatments undertaken by the 
                Secretary of the Interior or the Secretary of 
                Agriculture, including treatments undertaken with 
                funding provided under this title;
                    (B) to compile and display existing data, including 
                geographic data, for large wildfires, as defined by the 
                National Wildfire Coordinating Group, that occur in the 
                United States;
                    (C) to facilitate coordination and use of existing 
                and future interagency fuel treatment data, including 
                geographic data, for the purposes of--
                            (i) assessing and planning cross-boundary 
                        fuel treatments; and
                            (ii) monitoring the effects of treatments 
                        on wildfire outcomes and ecosystem restoration 
                        services, using the data compiled under 
                        subparagraphs (A) and (B);
                    (D) to publish a report every 5 years showing the 
                extent to which treatments described in subparagraph 
                (A) and previous wildfires affect the boundaries of 
                wildfires, categorized by--
                            (i) Federal land management agency;
                            (ii) region of the United States; and
                            (iii) treatment type; and
                    (E) to carry out other related activities of a 
                Southwest Ecological Restoration Institute, as 
                authorized by the Southwest Forest Health and Wildfire 
                Prevention Act of 2004 (16 U.S.C. 6701 et seq.);
            (9) $20,000,000 shall be available for activities conducted 
        under the Joint Fire Science Program, of which--
                    (A) $10,000,000 shall be made available to the 
                Secretary of the Interior; and
                    (B) $10,000,000 shall be made available to the 
                Secretary of Agriculture;
            (10) $100,000,000 shall be made available to the Secretary 
        of Agriculture for collaboration and collaboration-based 
        activities, including facilitation, certification of 
        collaboratives, and planning and implementing projects under 
        the Collaborative Forest Landscape Restoration Program 
        established under section 4003 of the Omnibus Public Land 
        Management Act of 2009 (16 U.S.C. 7303) in accordance with 
        subsection (e);
            (11) $500,000,000 shall be made available to the Secretary 
        of the Interior and the Secretary of Agriculture--
                    (A) for--
                            (i) conducting mechanical thinning and 
                        timber harvesting in an ecologically 
                        appropriate manner that maximizes the retention 
                        of large trees, as appropriate for the forest 
                        type, to the extent that the trees promote 
                        fire-resilient stands; or
                            (ii) precommercial thinning in young growth 
                        stands for wildlife habitat benefits to provide 
                        subsistence resources; and
                    (B) of which--
                            (i) $100,000,000 shall be made available to 
                        the Secretary of the Interior; and
                            (ii) $400,000,000 shall be made available 
                        to the Secretary of Agriculture;
            (12) $500,000,000 shall be made available to the Secretary 
        of Agriculture, in cooperation with States, to award community 
        wildfire defense grants to at-risk communities in accordance 
        with subsection (f);
            (13) $500,000,000 shall be made available for planning and 
        conducting prescribed fires and related activities, of which--
                    (A) $250,000,000 shall be made available to the 
                Secretary of the Interior; and
                    (B) $250,000,000 shall be made available to the 
                Secretary of Agriculture;
            (14) $500,000,000 shall be made available for developing or 
        improving potential control locations, in accordance with 
        paragraph (7)(A)(i)(II), including installing fuelbreaks 
        (including fuelbreaks studied under subsection (i)), with a 
        focus on shaded fuelbreaks when ecologically appropriate, of 
        which--
                    (A) $250,000,000 shall be made available to the 
                Secretary of the Interior; and
                    (B) $250,000,000 shall be made available to the 
                Secretary of Agriculture;
            (15) $200,000,000 shall be made available for contracting 
        or employing crews of laborers to modify and remove flammable 
        vegetation on Federal land and for using materials from 
        treatments, to the extent practicable, to produce biochar and 
        other innovative wood products, including through the use of 
        existing locally based organizations that engage young adults, 
        Native youth, and veterans in service projects, such as youth 
        and conservation corps, of which--
                    (A) $100,000,000 shall be made available to the 
                Secretary of the Interior; and
                    (B) $100,000,000 shall be made available to the 
                Secretary of Agriculture;
            (16) $200,000,000 shall be made available for post-fire 
        restoration activities that are implemented not later than 3 
        years after the date that a wildland fire is contained, of 
        which--
                    (A) $100,000,000 shall be made available to the 
                Secretary of the Interior; and
                    (B) $100,000,000 shall be made available to the 
                Secretary of Agriculture;
            (17) $8,000,000 shall be made available to the Secretary of 
        Agriculture--
                    (A) to provide feedstock to firewood banks; and
                    (B) to provide financial assistance for the 
                operation of firewood banks; and
            (18) $10,000,000 shall be available to the Secretary of the 
        Interior and the Secretary of Agriculture for the procurement 
        and placement of wildfire detection and real-time monitoring 
        equipment, such as sensors, cameras, and other relevant 
        equipment, in areas at risk of wildfire or post-burned areas.
    (d) Wildland Firefighters.--
            (1) In general.--Subject to the availability of 
        appropriations, not later than 180 days after the date of 
        enactment of this Act, the Secretary of the Interior and the 
        Secretary of Agriculture shall, using the amounts made 
        available under subsection (c)(2), coordinate with the Director 
        of the Office of Personnel Management to develop a distinct 
        ``wildland firefighter'' occupational series.
            (2) Hazardous duty differential not affected.--Section 
        5545(d)(1) of title 5, United States Code, is amended by 
        striking ``except'' and all that follows through ``and'' at the 
        end and inserting the following: ``except--
                    ``(A) an employee in an occupational series 
                covering positions for which the primary duties involve 
                the prevention, control, suppression, or management of 
                wildland fires, as determined by the Office; and
                    ``(B) in such other circumstances as the Office may 
                by regulation prescribe; and''.
            (3) Current employees.--Any individual employed as a 
        wildland firefighter on the date on which the occupational 
        series established under paragraph (1) takes effect may elect--
                    (A) to remain in the occupational series in which 
                the individual is employed; or
                    (B) to be included in the ``wildland firefighter'' 
                occupational series established under that paragraph.
            (4) Permanent employees; increase in salary.--Using the 
        amounts made available under subsection (c)(2), beginning 
        October 1, 2021, the Secretary of the Interior and the 
        Secretary of Agriculture shall--
                    (A) seek to convert not fewer than 1,000 seasonal 
                wildland firefighters to wildland firefighters that--
                            (i) are full-time, permanent, year-round 
                        Federal employees; and
                            (ii) reduce hazardous fuels on Federal land 
                        not fewer than 800 hours per year; and
                    (B) increase the base salary of a Federal wildland 
                firefighter by the lesser of an amount that is 
                commensurate with an increase of $20,000 per year or an 
                amount equal to 50 percent of the base salary, if the 
                Secretary concerned, in coordination with the Director 
                of the Office of Personnel Management, makes a written 
                determination that the position of the Federal wildland 
                firefighter is located within a specified geographic 
                area in which it is difficult to recruit or retain a 
                Federal wildland firefighter.
            (5) National wildfire coordinating group.--Using the 
        amounts made available under subsection (c)(2), not later than 
        October 1, 2022, the Secretary of the Interior and the 
        Secretary of Agriculture shall--
                    (A) develop and adhere to recommendations for 
                mitigation strategies for wildland firefighters to 
                minimize exposure due to line-of-duty environmental 
                hazards; and
                    (B) establish programs for permanent, temporary, 
                seasonal, and year-round wildland firefighters to 
                recognize and address mental health needs, including 
                post-traumatic stress disorder care.
    (e) Collaborative Forest Landscape Restoration Program.--Subject to 
the availability of appropriations, not later than 180 days after the 
date of enactment of this Act, the Secretary of Agriculture shall, 
using the amounts made available under subsection (c)(10)--
            (1) solicit new project proposals under the Collaborative 
        Forest Landscape Restoration Program established under section 
        4003 of the Omnibus Public Land Management Act of 2009 (16 
        U.S.C. 7303) (referred to in this subsection as the 
        ``Program'');
            (2) provide up to 5 years of additional funding of any 
        proposal originally selected for funding under the Program 
        prior to September 30, 2018--
                    (A) that has been approved for an extension of 
                funding by the Secretary of Agriculture prior to the 
                date of enactment of this Act; or
                    (B) that has been recommended for an extension of 
                funding by the advisory panel established under section 
                4003(e) of the Omnibus Public Land Management Act of 
                2009 (16 U.S.C. 7303(e)) prior to the date of enactment 
                of this Act that the Secretary of Agriculture 
                subsequently approves; and
            (3) select project proposals for funding under the Program 
        in a manner that--
                    (A) gives priority to a project proposal that will 
                treat acres that--
                            (i) have been identified as having very 
                        high wildfire hazard potential; and
                            (ii) are located in--
                                    (I) the wildland-urban interface; 
                                or
                                    (II) a public drinking water source 
                                area;
                    (B) takes into consideration--
                            (i) the cost per acre of Federal land or 
                        Indian forest land or rangeland acres described 
                        in subparagraph (A) to be treated; and
                            (ii) the number of acres described in 
                        subparagraph (A) to be treated;
                    (C) gives priority to a project proposal that is 
                proposed by a collaborative that has successfully 
                accomplished treatments consistent with a written plan 
                that included a proposed schedule of completing those 
                treatments, which is not limited to an earlier proposal 
                funded under the Program; and
                    (D) discontinues funding for a project that fails 
                to achieve the results included in a project proposal 
                submitted under paragraph (1) for more than 2 
                consecutive years.
    (f) Community Wildfire Defense Grant Program.--
            (1) Establishment.--Subject to the availability of 
        appropriations, not later than 180 days after the date of 
        enactment of this Act, the Secretary of Agriculture shall, 
        using amounts made available under subsection (c)(12), 
        establish a program, which shall be separate from the program 
        established under section 203 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), 
        under which the Secretary of Agriculture, in cooperation with 
        the States, shall award grants to at-risk communities, 
        including Indian Tribes--
                    (A) to develop or revise a community wildfire 
                protection plan; and
                    (B) to carry out projects described in a community 
                wildfire protection plan that is not more than 10 years 
                old.
            (2) Priority.--In awarding grants under the program 
        described in paragraph (1), the Secretary of Agriculture shall 
        give priority to an at-risk community that is--
                    (A) in an area identified by the Secretary of 
                Agriculture as having high or very high wildfire hazard 
                potential;
                    (B) a low-income community; or
                    (C) a community impacted by a severe disaster.
            (3) Community wildfire defense grants.--
                    (A) Grant amounts.--A grant--
                            (i) awarded under paragraph (1)(A) shall be 
                        for not more than $250,000; and
                            (ii) awarded under paragraph (1)(B) shall 
                        be for not more than $10,000,000.
                    (B) Cost sharing requirement.--
                            (i) In general.--Expect as provided in 
                        clause (ii), the non-Federal cost (including 
                        the administrative cost) of carrying out a 
                        project using funds from a grant awarded under 
                        the program described in paragraph (1) shall 
                        be--
                                    (I) not less than 10 percent for a 
                                grant awarded under paragraph (1)(A); 
                                and
                                    (II) not less than 25 percent for a 
                                grant awarded under paragraph (1)(B).
                            (ii) Waiver.--The Secretary of Agriculture 
                        may waive the cost-sharing requirement under 
                        clause (i) for a project that serves an 
                        underserved community.
                    (C) Eligibility.--The Secretary of Agriculture 
                shall not award a grant under paragraph (1) to an at-
                risk community that is located in a county or community 
                that--
                            (i) is located in the continental United 
                        States; and
                            (ii) has not adopted an ordinance or 
                        regulation that requires the construction of 
                        new roofs on buildings to adhere to standards 
                        that are similar to, or more stringent than--
                                    (I) the roof construction standards 
                                established by the National Fire 
                                Protection Association; or
                                    (II) an applicable model building 
                                code established by the International 
                                Code Council.
    (g) Priorities.--In carrying out projects using amounts made 
available under this section, the Secretary of the Interior or the 
Secretary of Agriculture, acting through the Chief of the Forest 
Service, as applicable, shall prioritize funding for projects--
            (1) for which any applicable processes under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have 
        been completed on the date of enactment of this Act;
            (2) that reduce the likelihood of experiencing 
        uncharacteristically severe effects from a potential wildfire 
        by focusing on areas strategically important for reducing the 
        risks associated with wildfires;
            (3) that maximize the retention of large trees, as 
        appropriate for the forest type, to the extent that the trees 
        promote fire-resilient stands;
            (4) that do not include the establishment of permanent 
        roads;
            (5) for which funding would be committed to decommission 
        all temporary roads constructed to carry out the project; and
            (6) that fully maintain or contribute toward the 
        restoration of the structure and composition of old growth 
        stands consistent with the characteristics of that forest type, 
        taking into account the contribution of the old growth stand to 
        landscape fire adaption and watershed health, unless the old 
        growth stand is part of a science-based ecological restoration 
        project authorized by the Secretary concerned that meets 
        applicable protection and old growth enhancement objectives, as 
        determined by the Secretary concerned.
    (h) Reports.-- The Secretary of the Interior and the Secretary of 
Agriculture, acting through the Chief of the Forest Service, shall 
complete and submit to the Committee on Energy and Natural Resources of 
the Senate and the Committee on Natural Resources of the House of 
Representatives an annual report describing the number of acres of land 
on which projects carried out using funds made available under this 
section improved the Fire Regime Condition Class of the land described 
in subsection (b).
    (i) Wildfire Prevention Study.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Agriculture shall 
        initiate a study of the construction and maintenance of a 
        system of strategically placed fuelbreaks to control wildfires 
        in western States.
            (2) Review.--The study under paragraph (1) shall review--
                    (A) a full suite of manual, chemical, and 
                mechanical treatments; and
                    (B) the effectiveness of the system described in 
                that paragraph in reducing wildfire risk and protecting 
                communities.
            (3) Determination.--Not later than 90 days after the date 
        of completion of the study under paragraph (1), the Secretary 
        of Agriculture shall determine whether to initiate the 
        preparation of a programmatic environmental impact statement 
        implementing the system described in that paragraph in 
        appropriate locations.
    (j) Monitoring, Maintenance, and Treatment Plan and Strategy.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Secretary of Agriculture and the 
        Secretary of the Interior shall establish a 5-year monitoring, 
        maintenance, and treatment plan that--
                    (A) describes activities under subsection (c) that 
                the Secretary of Agriculture and the Secretary of the 
                Interior will take to reduce the risk of wildfire by 
                conducting restoration treatments and improving the 
                Fire Regime Condition Class of 10,000,000 acres of 
                Federal land or Tribal Forest land or rangeland that is 
                identified as having very high wildfire hazard 
                potential, not including annual treatments otherwise 
                scheduled;
                    (B) establishes a process for prioritizing 
                treatments in areas and communities at the highest risk 
                of catastrophic wildfires;
                    (C) includes an innovative plan and process--
                            (i) to leverage public-private partnerships 
                        and resources, shared stewardship agreements, 
                        good neighbor agreements, and similar 
                        contracting authorities;
                            (ii) to prioritize projects for which any 
                        applicable processes under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.) have been completed as of the 
                        date of enactment of this Act;
                            (iii) to streamline subsequent projects 
                        based on existing statutory or regulatory 
                        authorities; and
                            (iv) to develop interagency teams to 
                        increase coordination and efficiency under the 
                        National Environmental Policy Act of 1969 (42 
                        U.S.C. 4321); and
                    (D) establishes a process for coordinating 
                prioritization and treatment with State and local 
                entities and affected stakeholders.
            (2) Strategy.--Not later than 5 years after the date of 
        enactment of this Act, the Secretary of Agriculture and the 
        Secretary of the Interior, in coordination with State and local 
        governments, shall publish a long-term, outcome-based 
        monitoring, maintenance, and treatment strategy--
                    (A) to maintain forest health improvements and 
                wildfire risk reduction accomplished under this 
                section;
                    (B) to continue treatment at levels necessary to 
                address the 20,000,000 acres needing priority treatment 
                over the 10-year period beginning on the date of 
                publication of the strategy; and
                    (C) to proactively conduct treatment at a level 
                necessary to minimize the risk of wildfire to 
                surrounding at-risk communities.
    (k) Authorized Hazardous Fuels Projects.--A project carried out 
using funding authorized under paragraphs (11)(A)(i), (13), or (14) of 
subsection (c) shall be considered an authorized hazardous fuel 
reduction project pursuant to section 102 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6512).

SEC. 8004. ECOSYSTEM RESTORATION.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of the Interior and the Secretary of 
Agriculture, acting through the Chief of the Forest Service, for the 
activities described in subsection (b), $2,130,000,000 for the period 
of fiscal years 2022 through 2026.
    (b) Activities.--Of the amounts made available under subsection (a) 
for the period of fiscal years 2022 through 2026--
            (1) $300,000,000 shall be made available, in accordance 
        with subsection (c), to the Secretary of the Interior and the 
        Secretary of Agriculture--
                    (A) for--
                            (i) entering into contracts, including 
                        stewardship contracts or agreements, the 
                        purpose of each of which shall be to restore 
                        ecological health on not fewer than 10,000 
                        acres of Federal land, including Indian forest 
                        land or rangeland, and for salaries and 
                        expenses associated with preparing and 
                        executing those contracts; and
                            (ii) establishing a Working Capital Fund 
                        that may be accessed by the Secretary of the 
                        Interior or the Secretary of Agriculture to 
                        fund requirements of contracts described in 
                        clause (i), including cancellation and 
                        termination costs, consistent with section 
                        604(h) of the Healthy Forests Restoration Act 
                        of 2003 (16 U.S.C. 6591c(h)), and periodic 
                        payments over the span of the contract period; 
                        and
                    (B) of which--
                            (i) $50,000,000 shall be made available to 
                        the Secretary of the Interior to enter into 
                        contracts described in subparagraph (A)(i);
                            (ii) $150,000,000 shall be made available 
                        to the Secretary of Agriculture to enter into 
                        contracts described in subparagraph (A)(i); and
                            (iii) $100,000,000 shall be made available 
                        until expended to the Secretary of the 
                        Interior, notwithstanding any other provision 
                        of this Act, to establish the Working Capital 
                        Fund described in subparagraph (A)(ii);
            (2) $200,000,000 shall be made available to provide to 
        States and Indian Tribes for implementing restoration projects 
        on Federal land pursuant to good neighbor agreements entered 
        into under section 8206 of the Agricultural Act of 2014 (16 
        U.S.C. 2113a) or agreements entered into under section 2(b) of 
        the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a(b)), 
        of which--
                    (A) $40,000,000 shall be made available to the 
                Secretary of the Interior; and
                    (B) $160,000,000 shall be made available to the 
                Secretary of Agriculture;
            (3) $400,000,000 shall be made available to the Secretary 
        of Agriculture to provide financial assistance to facilities 
        that purchase and process byproducts from ecosystem restoration 
        projects in accordance with subsection (d);
            (4) $400,000,000 shall be made available to the Secretary 
        of the Interior to provide grants to States, territories of the 
        United States, and Indian Tribes for implementing voluntary 
        ecosystem restoration projects on private or public land, in 
        consultation with the Secretary of Agriculture, that--
                    (A) prioritizes funding cross-boundary projects; 
                and
                    (B) requires matching funding from the State, 
                territory of the United States, or Indian Tribe to be 
                eligible to receive the funding;
            (5) $50,000,000 shall be made available to the Secretary of 
        Agriculture to award grants to States and Indian Tribes to 
        establish rental programs for portable skidder bridges, bridge 
        mats, or other temporary water crossing structures, to minimize 
        stream bed disturbance on non-Federal land and Federal land;
            (6) $200,000,000 shall be made available for invasive 
        species detection, prevention, and eradication, including 
        conducting research and providing resources to facilitate 
        detection of invasive species at points of entry and awarding 
        grants for eradication of invasive species on non-Federal land 
        and on Federal land, of which--
                    (A) $100,000,000 shall be made available to the 
                Secretary of the Interior; and
                    (B) $100,000,000 shall be made available to the 
                Secretary of Agriculture;
            (7) $100,000,000 shall be made available to restore, 
        prepare, or adapt recreation sites on Federal land, including 
        Indian forest land or rangeland, in accordance with subsection 
        (e);
            (8) $200,000,000 shall be made available to restore native 
        vegetation and mitigate environmental hazards on mined land on 
        Federal and non-Federal land, of which--
                    (A) $100,000,000 shall be made available to the 
                Secretary of the Interior; and
                    (B) $100,000,000 shall be made available to the 
                Secretary of Agriculture;
            (9) $200,000,000 shall be made available to establish and 
        implement a national revegetation effort on Federal and non-
        Federal land, including to implement the National Seed Strategy 
        for Rehabilitation and Restoration, of which--
                    (A) $70,000,000 shall be made available to the 
                Secretary of the Interior; and
                    (B) $130,000,000 shall be made available to the 
                Secretary of Agriculture; and
            (10) $80,000,000 shall be made available to the Secretary 
        of Agriculture, in coordination with the Secretary of the 
        Interior, to establish a collaborative-based, landscape-scale 
        restoration program to restore water quality or fish passage on 
        Federal land, including Indian forest land or rangeland, in 
        accordance with subsection (f).
    (c) Ecological Health Restoration Contracts.--
            (1) Submission of list of projects to congress.--Until the 
        date on which all of the amounts made available to carry out 
        subsection (b)(1)(A)(i) are expended, not later than 90 days 
        before the end of each fiscal year, the Secretary of the 
        Interior and the Secretary of Agriculture shall submit to the 
        Committee on Energy and Natural Resources and the Committee on 
        Appropriations of the Senate and the Committee on Natural 
        Resources and the Committee on Appropriations of the House of 
        Representatives a list of projects to be funded under that 
        subsection in the subsequent fiscal year, including--
                    (A) a detailed description of each project; and
                    (B) an estimate of the cost, including salaries and 
                expenses, for the project.
            (2) Alternate allocation.--Appropriations Acts may provide 
        for alternate allocation of amounts made available under 
        subsection (b)(1), consistent with the allocations under 
        subparagraph (B) of that subsection.
            (3) Lack of alternate allocations.--If Congress has not 
        enacted legislation establishing alternate allocations 
        described in paragraph (2) by the date on which the Act making 
        full-year appropriations for the Department of the Interior, 
        Environment, and Related Agencies for the applicable fiscal 
        year is enacted into law, amounts made available under 
        subsection (b)(1)(B) shall be allocated by the President.
    (d) Wood Products Infrastructure.--The Secretary of Agriculture, in 
coordination with the Secretary of the Interior, shall--
            (1) develop a ranking system that categorizes units of 
        Federal land, including Indian forest land or rangeland, with 
        regard to treating areas at risk of unnaturally severe wildfire 
        or insect or disease infestation, as being--
                    (A) very low priority for ecological restoration 
                involving vegetation removal;
                    (B) low priority for ecological restoration 
                involving vegetation removal;
                    (C) medium priority for ecological restoration 
                involving vegetation removal;
                    (D) high priority for ecological restoration 
                involving vegetation removal; or
                    (E) very high priority for ecological restoration 
                involving vegetation removal;
            (2) determine, for a unit identified under paragraph (1) as 
        being high or very high priority for ecological restoration 
        involving vegetation removal, if--
                    (A) a sawmill or other wood-processing facility 
                exists in close proximity to, or a forest worker is 
                seeking to conduct restoration treatment work on or in 
                close proximity to, the unit; and
                    (B) the presence of a sawmill or other wood-
                processing facility would substantially decrease or 
                does substantially decrease the cost of conducting 
                ecological restoration projects involving vegetation 
                removal;
            (3) in accordance with any conditions the Secretary of 
        Agriculture determines to be necessary, using the amounts made 
        available under subsection (b)(3), provide financial 
        assistance, including a low-interest loan or a loan guarantee, 
        to an entity seeking to establish, reopen, retrofit, expand, or 
        improve a sawmill or other wood-processing facility in close 
        proximity to a unit of Federal land that has been identified 
        under paragraph (1) as high or very high priority for 
        ecological restoration, if the presence of a sawmill or other 
        wood-processing facility would substantially decrease or does 
        substantially decrease the cost of conducting ecological 
        restoration projects involving vegetation removal on the unit 
        of Federal land, including Indian forest land or rangeland, as 
        determined under paragraph (2)(B); and
            (4) to the extent practicable, when allocating funding to 
        units of Federal land for ecological restoration projects 
        involving vegetation removal, give priority to a unit of 
        Federal land that--
                    (A) has been identified under paragraph (1) as 
                being high or very high priority for ecological 
                restoration involving vegetation removal; and
                    (B) has a sawmill or other wood-processing 
                facility--
                            (i) that, as determined under paragraph 
                        (2)--
                                    (I) exists in close proximity to 
                                the unit; and
                                    (II) does substantially decrease 
                                the cost of conducting ecological 
                                restoration projects involving 
                                vegetation removal on the unit; or
                            (ii) that has received financial assistance 
                        under paragraph (3).
    (e) Recreation Sites.--
            (1) Site restoration and improvements.--Of the amounts made 
        available under subsection (b)(7), $45,000,000 shall be made 
        available to the Secretary of the Interior and $35,000,000 
        shall be made available the Secretary of Agriculture to 
        restore, prepare, or adapt recreation sites on Federal land, 
        including Indian forest land or rangeland, that have 
        experienced or may likely experience visitation and use beyond 
        the carrying capacity of the sites.
            (2) Public use recreation cabins.--
                    (A) In general.--Of the amounts made available 
                under subsection (b)(7), $20,000,000 shall be made 
                available to the Secretary of Agriculture for--
                            (i) the operation, repair, reconstruction, 
                        and construction of public use recreation 
                        cabins on National Forest System land; and
                            (ii) to the extent necessary, the repair or 
                        reconstruction of historic buildings that are 
                        to be outleased under section 306121 of title 
                        54, United States Code.
                    (B) Inclusion.--Of the amount described in 
                subparagraph (A), $5,000,000 shall be made available to 
                the Secretary of Agriculture for associated salaries 
                and expenses in carrying out that subparagraph.
                    (C) Agreements.--The Secretary of Agriculture may 
                enter into a lease or cooperative agreement with a 
                State, Indian Tribe, local government, or private 
                entity--
                            (i) to carry out the activities described 
                        in subparagraph (A); or
                            (ii) to manage the renting of a cabin or 
                        building described in subparagraph (A) to the 
                        public.
            (3) Exclusion.--A project shall not be eligible for funding 
        under this subsection if--
                    (A) funding for the project would be used for 
                deferred maintenance, as defined by Federal Accounting 
                Standards Advisory Board; and
                    (B) the Secretary of the Interior or the Secretary 
                of Agriculture has identified the project for funding 
                from the National Parks and Public Land Legacy 
                Restoration Fund established by section 200402(a) of 
                title 54, United States Code.
    (f) Collaborative-based, Aquatic-focused, Landscape-scale 
Restoration Program.--Subject to the availability of appropriations, 
not later than 180 days after the date of enactment of this Act, the 
Secretary of Agriculture shall, in coordination with the Secretary of 
the Interior and using the amounts made available under subsection 
(b)(10)--
            (1) solicit collaboratively developed proposals that--
                    (A) are for 5-year projects to restore fish passage 
                or water quality on Federal land and non-Federal land 
                to the extent allowed under section 323(a) of the 
                Department of the Interior and Related Agencies 
                Appropriations Act, 1999 (16 U.S.C. 1011a(a)), 
                including Indian forest land or rangeland;
                    (B) contain proposed accomplishments and proposed 
                non-Federal funding; and
                    (C) request not more than $5,000,000 in funding 
                made available under subsection (b)(10);
            (2) select project proposals for funding in a manner that--
                    (A) gives priority to a project proposal that would 
                result in the most miles of streams being restored for 
                the lowest amount of Federal funding; and
                    (B) discontinues funding for a project that fails 
                to achieve the results included in a proposal submitted 
                under paragraph (1) for more than 2 consecutive years; 
                and
            (3) publish a list of--
                    (A) all of the priority watersheds on National 
                Forest System land;
                    (B) the condition of each priority watershed on the 
                date of enactment of this Act; and
                    (C) the condition of each priority watershed on the 
                date that is 5 years after the date of enactment of 
                this Act.

SEC. 8005. GAO STUDY.

    (a) Study.--Not later than 6 years after the date of enactment of 
this Act, the Comptroller General of the United States shall--
            (1) conduct a study on the implementation of this title and 
        the amendments made by this title, including whether this title 
        and the amendments made by this title have--
                    (A) effectively reduced wildfire risk, including 
                the extent to which the wildfire hazard on Federal land 
                has changed; and
                    (B) restored ecosystems on Federal and non-Federal 
                land; and
            (2) submit to Congress a report that describes the results 
        of the study under paragraph (1).
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Comptroller General of the Unites States for the 
activities described in subsection (a) $800,000.

SEC. 8006. ESTABLISHMENT OF FUEL BREAKS IN FORESTS AND OTHER WILDLAND 
              VEGETATION.

    (a) Definition of Secretary Concerned.--In this section, the term 
``Secretary concerned'' means--
            (1) the Secretary of Agriculture, with respect to National 
        Forest System land; and
            (2) the Secretary of the Interior, with respect to public 
        lands (as defined in section 103 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1702)) administered by the 
        Bureau of Land Management.
    (b) Categorical Exclusion Established.--Forest management 
activities described in subsection (c) are a category of actions 
designated as being categorically excluded from the preparation of an 
environmental assessment or an environmental impact statement under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if 
the categorical exclusion is documented through a supporting record and 
decision memorandum.
    (c) Forest Management Activities Designated for Categorical 
Exclusion.--
            (1) In general.--The category of forest management 
        activities designated under subsection (b) for a categorical 
        exclusion are forest management activities described in 
        paragraph (2) that are carried out by the Secretary concerned 
        on public lands (as defined in section 103 of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1702)) 
        administered by the Bureau of Land Management or National 
        Forest System land the primary purpose of which is to establish 
        and maintain linear fuel breaks that are--
                    (A) up to 1,000 feet in width contiguous with or 
                incorporating existing linear features, such as roads, 
                water infrastructure, transmission and distribution 
                lines, and pipelines of any length on Federal land; and
                    (B) intended to reduce the risk of uncharacteristic 
                wildfire on Federal land or catastrophic wildfire for 
                an adjacent at-risk community.
            (2) Activities.--Subject to paragraph (3), the forest 
        management activities that may be carried out pursuant to the 
        categorical exclusion established under subsection (b) are--
                    (A) mowing or masticating;
                    (B) thinning by manual and mechanical cutting;
                    (C) piling, yarding, and removal of slash or 
                hazardous fuels;
                    (D) selling of vegetation products, including 
                timber, firewood, biomass, slash, and fenceposts;
                    (E) targeted grazing;
                    (F) application of--
                            (i) pesticide;
                            (ii) biopesticide; or
                            (iii) herbicide;
                    (G) seeding of native species;
                    (H) controlled burns and broadcast burning; and
                    (I) burning of piles, including jackpot piles.
            (3) Excluded activities.--A forest management activity 
        described in paragraph (2) may not be carried out pursuant to 
        the categorical exclusion established under subsection (b) if 
        the activity is conducted--
                    (A) in a component of the National Wilderness 
                Preservation System;
                    (B) on Federal land on which the removal of 
                vegetation is prohibited or restricted by Act of 
                Congress, Presidential proclamation (including the 
                applicable implementation plan), or regulation;
                    (C) in a wilderness study area; or
                    (D) in an area in which carrying out the activity 
                would be inconsistent with the applicable land 
                management plan or resource management plan.
            (4) Extraordinary circumstances.--The Secretary concerned 
        shall apply the extraordinary circumstances procedures under 
        section 220.6 of title 36, Code of Federal Regulations (or a 
        successor regulation), in determining whether to use a 
        categorical exclusion under subsection (b).
    (d) Acreage and Location Limitations.--Treatments of vegetation in 
linear fuel breaks covered by the categorical exclusion established 
under subsection (b)--
            (1) may not contain treatment units in excess of 3,000 
        acres;
            (2) shall be located primarily in--
                    (A) the wildland-urban interface or a public 
                drinking water source area;
                    (B) if located outside the wildland-urban interface 
                or a public drinking water source area, an area within 
                Condition Class 2 or 3 in Fire Regime Group I, II, or 
                III that contains very high wildfire hazard potential; 
                or
                    (C) an insect or disease area designated by the 
                Secretary concerned as of the date of enactment of this 
                Act; and
            (3) shall consider the best available scientific 
        information.
    (e) Roads.--
            (1) Permanent roads.--A project under this section shall 
        not include the establishment of permanent roads.
            (2) Existing roads.--The Secretary concerned may carry out 
        necessary maintenance and repairs on existing permanent roads 
        for the purposes of this section.
            (3) Temporary roads.--The Secretary concerned shall 
        decommission any temporary road constructed under a project 
        under this section not later than 3 years after the date on 
        which the project is completed.
    (f) Public Collaboration.--To encourage meaningful public 
participation during the preparation of a project under this section, 
the Secretary concerned shall facilitate, during the preparation of 
each project--
            (1) collaboration among State and local governments and 
        Indian Tribes; and
            (2) participation of interested persons.

SEC. 8007. EMERGENCY ACTIONS.

    (a) Definitions.--In this section:
            (1) Authorized emergency action.--The term ``authorized 
        emergency action'' means an action carried out pursuant to an 
        emergency situation determination to mitigate the harm to life, 
        property, or important natural or cultural resources on 
        National Forest System land or adjacent land.
            (2) Emergency situation.--The term ``emergency situation'' 
        means a situation on National Forest System land for which 
        immediate implementation of 1 or more authorized emergency 
        actions is necessary to achieve 1 or more of the following 
        results:
                    (A) Relief from hazards threatening human health 
                and safety.
                    (B) Mitigation of threats to natural resources on 
                National Forest System land or adjacent land.
            (3) Emergency situation determination.--The term 
        ``emergency situation determination'' means a determination 
        made by the Secretary under subsection (b)(1)(A).
            (4) Land and resource management plan.--The term ``land and 
        resource management plan'' means a plan developed under section 
        6 of the Forest and Rangeland Renewable Resources Planning Act 
        of 1974 (16 U.S.C. 1604).
            (5) National forest system land.--The term ``National 
        Forest System land'' means land of the National Forest System 
        (as defined in section 11(a) of the Forest and Rangeland 
        Renewable Resources Planning Act of 1974 (16 U.S.C 1609(a))).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (b) Authorized Emergency Actions to Respond to Emergency 
Situations.--
            (1) Determination.--
                    (A) In general.--The Secretary may make a 
                determination that an emergency situation exists with 
                respect to National Forest System land.
                    (B) Review.--An emergency situation determination 
                shall not be subject to objection under the 
                predecisional administrative review processes under 
                part 218 of title 36, Code of Federal Regulations (or 
                successor regulations).
                    (C) Applicability.--An emergency situation 
                determination shall not be subject to the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) or any other applicable law.
            (2) Authorized emergency actions.--After making an 
        emergency situation determination with respect to National 
        Forest System land, the Secretary may carry out authorized 
        emergency actions on that National Forest System land, 
        including through--
                    (A) the salvage of dead or dying trees;
                    (B) the harvest of trees damaged by wind or ice;
                    (C) the commercial and noncommercial sanitation 
                harvest of trees to control insects or disease, 
                including trees already infested with insects or 
                disease;
                    (D) the reforestation or replanting of fire-
                impacted areas through planting, control of competing 
                vegetation, or other activities that enhance natural 
                regeneration and restore forest species;
                    (E) the removal of hazardous trees in close 
                proximity to roads and trails;
                    (F) the removal of hazardous fuels;
                    (G) the restoration of water sources or 
                infrastructure;
                    (H) the reconstruction of existing utility lines; 
                and
                    (I) the replacement of underground cables.
            (3) Relation to land and resource management plans.--To the 
        maximum extent practicable, any authorized emergency action 
        carried out under paragraph (2) shall be conducted consistent 
        with the land and resource management plan.
            (4) Acreage limitations.--A treatment area covered by an 
        emergency situation determination on which an authorized 
        emergency action is carried out pursuant to paragraph (2) shall 
        consist of not more than 10,000 acres of National Forest System 
        land.
    (c) Environmental Analysis.--
            (1) Environmental assessment or environmental impact 
        statement.--If the Secretary determines that an authorized 
        emergency action requires an environmental assessment or an 
        environmental impact statement pursuant to section 102(2) of 
        the National Environmental Policy Act of 1969 (42 U.S.C. 
        4332(2)), the Secretary shall study, develop, and describe 
        only--
                    (A) the proposed agency action; and
                    (B) the alternative of no action.
            (2) Public notice.--The Secretary shall provide notice of 
        each authorized emergency action that the Secretary determines 
        requires an environmental assessment or environmental impact 
        statement under paragraph (1), in accordance with applicable 
        regulations and administrative guidelines.
            (3) Public comment.--The Secretary shall provide an 
        opportunity for public comment during the preparation of any 
        environmental assessment or environmental impact statement 
        under paragraph (1).
            (4) Savings clause.--Nothing in this subsection prohibits 
        the Secretary from making an emergency situation determination, 
        including a determination that an emergency exists pursuant to 
        section 218.21(a) or 220.4(b) of title 36, Code of Federal 
        Regulations (or successor regulations), that makes it necessary 
        to take an emergency action before preparing an environmental 
        assessment or environmental impact statement under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (d) Administrative Review of Authorized Emergency Actions.--An 
authorized emergency action carried out under this section shall not be 
subject to objection under the predecisional administrative review 
processes established under section 105 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6515) and section 428 of the 
Department of the Interior, Environment, and Related Agencies 
Appropriations Act, 2012 (16 U.S.C. 6515 note; Public Law 112-74).
    (e) Judicial Review of Emergency Actions.--
            (1) In general.--Section 106 of the Healthy Forests 
        Restoration Act of 2003 (16 U.S.C. 6516) shall apply to an 
        authorized emergency action carried out under this section.
            (2) Requirement for injunction.--A court shall not enjoin 
        an authorized emergency action under this section if the court 
        determines that the plaintiff is unable to demonstrate that the 
        claim of the plaintiff is likely to succeed on the merits.
    (f) Notification and Guidance.--The Secretary shall provide 
notification and guidance to each local field office of the Forest 
Service to ensure awareness of, compliance with, and appropriate use of 
the authorized emergency action authority under this section.

                 TITLE IX--WESTERN WATER INFRASTRUCTURE

SEC. 9001. AUTHORIZATIONS OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of the 
Interior, acting through the Commissioner of Reclamation (referred to 
in this title as the ``Secretary''), for the period of fiscal years 
2022 through 2026--
            (1) $1,150,000,000 for water storage, groundwater storage, 
        and conveyance projects in accordance with section 9002, of 
        which $100,000,000 shall be made available to provide grants to 
        plan and construct small surface water and groundwater storage 
        projects in accordance with section 9003;
            (2) $3,200,000,000 for the Aging Infrastructure Account 
        established by subsection (d)(1) of section 9603 of the Omnibus 
        Public Land Management Act of 2009 (43 U.S.C. 510b), to be made 
        available for activities in accordance with that subsection, 
        including major rehabilitation and replacement activities, as 
        identified in the Asset Management Report of the Bureau of 
        Reclamation dated April 2021, of which--
                    (A) $100,000,000 shall be made available for Bureau 
                of Reclamation reserved or transferred works that have 
                suffered a critical failure, in accordance with section 
                9004(a); and
                    (B) $100,000,000 shall be made available for the 
                rehabilitation, reconstruction, or replacement of a dam 
                in accordance with 9004(b);
            (3) $1,000,000,000 for rural water projects that have been 
        authorized by an Act of Congress before July 1, 2021, in 
        accordance with the Reclamation Rural Water Supply Act of 2006 
        (43 U.S.C. 2401 et seq.);
            (4) $1,000,000,000 for water recycling and reuse projects, 
        of which--
                    (A) $550,000,000 shall be made available for water 
                recycling and reuse projects authorized in accordance 
                with the Reclamation Wastewater and Groundwater Study 
                and Facilities Act (43 U.S.C. 390h et seq.) that are--
                            (i) authorized or approved for construction 
                        funding by an Act of Congress before the date 
                        of enactment of this Act; or
                            (ii) selected for funding under the 
                        competitive grant program authorized pursuant 
                        to section 1602(f) of the Reclamation 
                        Wastewater and Groundwater Study and Facilities 
                        Act (43 U.S.C. 390h(f)), with funding under 
                        this subparagraph to be provided in accordance 
                        with that section, notwithstanding section 4013 
                        of the Water Infrastructure Improvements for 
                        the Nation Act (43 U.S.C. 390b note; Public Law 
                        114-322), except that section 1602(g)(2) of the 
                        Reclamation Wastewater and Groundwater Study 
                        and Facilities Act (43 U.S.C. 390h(g)(2)) shall 
                        not apply to amounts made available under this 
                        subparagraph; and
                    (B) $450,000,000 shall be made available for large-
                scale water recycling and reuse projects in accordance 
                with section 9005;
            (5) $250,000,000 for water desalination projects and 
        studies authorized in accordance with the Water Desalination 
        Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) that 
        are--
                    (A) authorized or approved for construction funding 
                by an Act of Congress before July 1, 2021; or
                    (B) selected for funding under the program 
                authorized pursuant to section 4(a) of the Water 
                Desalination Act of 1996 (42 U.S.C. 10301 note; Public 
                Law 104-298), with funding to be made available under 
                this paragraph in accordance with that subsection, 
                notwithstanding section 4013 of the Water 
                Infrastructure Improvements for the Nation Act (43 
                U.S.C. 390b note; Public Law 114-322), except that 
                paragraph (2)(F) of section 4(a) of the Water 
                Desalination Act of 1996 (42 U.S.C. 10301 note; Public 
                Law 104-298) (as redesignated by section 9008) shall 
                not apply to amounts made available under this 
                paragraph;
            (6) $500,000,000 for the safety of dams program, in 
        accordance with the Reclamation Safety of Dams Act of 1978 (43 
        U.S.C. 506 et seq.);
            (7) $400,000,000 for WaterSMART grants in accordance with 
        section 9504 of the Omnibus Public Land Management Act of 2009 
        (42 U.S.C. 10364), of which $100,000,000 shall be made 
        available for projects that would improve the condition of a 
        natural feature or nature-based feature (as those terms are 
        defined in section 9502 of the Omnibus Public Land Management 
        Act of 2009 (42 U.S.C. 10362));
            (8) subject to section 9006, $300,000,000 for implementing 
        the Colorado River Basin Drought Contingency Plan, consistent 
        with the obligations of the Secretary under the Colorado River 
        Drought Contingency Plan Authorization Act (Public Law 116-14; 
        133 Stat. 850) and related agreements, of which $50,000,000 
        shall be made available for use in accordance with the Drought 
        Contingency Plan for the Upper Colorado River Basin;
            (9) $100,000,000 to provide financial assistance for 
        watershed management projects in accordance with subtitle A of 
        title VI of the Omnibus Public Land Management Act of 2009 (16 
        U.S.C. 1015 et seq.);
            (10) $250,000,000 for design, study, and construction of 
        aquatic ecosystem restoration and protection projects in 
        accordance with section 1109 of division FF of the Consolidated 
        Appropriations Act, 2021 (Public Law 116-260);
            (11) $100,000,000 for multi-benefit projects to improve 
        watershed health in accordance with section 9007; and
            (12) $50,000,000 for endangered species recovery and 
        conservation programs in the Colorado River Basin in accordance 
        with--
                    (A) Public Law 106-392 (114 Stat. 1602);
                    (B) the Grand Canyon Protection Act of 1992 (Public 
                Law 102-575; 106 Stat. 4669); and
                    (C) subtitle E of title IX of the Omnibus Public 
                Land Management Act of 2009 (Public Law 111-11; 123 
                Stat. 1327).

SEC. 9002. WATER STORAGE, GROUNDWATER STORAGE, AND CONVEYANCE PROJECTS.

    (a) Eligibility for Funding.--
            (1) Feasibility studies.--
                    (A) In general.--A feasibility study shall only be 
                eligible for funding under section 9001(1) if--
                            (i) the feasibility study has been 
                        authorized by an Act of Congress before the 
                        date of enactment of this Act;
                            (ii) Congress has approved funding for the 
                        feasibility study in accordance with section 
                        4007 of the Water Infrastructure Improvements 
                        for the Nation Act (43 U.S.C. 390b note; Public 
                        Law 114-322) before the date of enactment of 
                        this Act; or
                            (iii) the feasibility study is authorized 
                        under subparagraph (B).
                    (B) Feasibility study authorizations.--The 
                Secretary may carry out feasibility studies for the 
                following projects:
                            (i) The Verde Reservoirs Sediment 
                        Mitigation Project in the State of Arizona.
                            (ii) The Tualatin River Basin Project in 
                        the State of Oregon.
            (2) Construction.--A project shall only be eligible for 
        construction funding under section 9001(1) if--
                    (A) an Act of Congress enacted before the date of 
                enactment of this Act authorizes construction of the 
                project;
                    (B) Congress has approved funding for construction 
                of the project in accordance with section 4007 of the 
                Water Infrastructure Improvements for the Nation Act 
                (43 U.S.C. 390b note; Public Law 114-322) before the 
                date of enactment of this Act, except for any project 
                for which--
                            (i) Congress did not approve the 
                        recommendation of the Secretary for funding 
                        under subsection (h)(2) of that section for at 
                        least 1 fiscal year before the date of 
                        enactment of this Act; or
                            (ii) State funding for the project was 
                        rescinded by the State before the date of 
                        enactment of this Act; or
                    (C)(i) Congress has authorized or approved funding 
                for a feasibility study for the project in accordance 
                with clause (i) or (ii) of paragraph (1)(A) (except 
                that projects described in clauses (i) and (ii) of 
                subparagraph (B) shall not be eligible); and
                    (ii) on completion of the feasibility study for the 
                project, the Secretary--
                            (I) finds the project to be technically and 
                        financially feasible in accordance with the 
                        reclamation laws;
                            (II) determines that sufficient non-Federal 
                        funding is available for the non-Federal cost 
                        share of the project; and
                            (III)(aa) finds the project to be in the 
                        public interest; and
                            (bb) recommends the project for 
                        construction.
    (b) Cost-sharing Requirement.--
            (1) In general.--The Federal share--
                    (A) for a project authorized by an Act of Congress 
                shall be determined in accordance with that Act;
                    (B) for a project approved by Congress in 
                accordance with section 4007 of the Water 
                Infrastructure Improvements for the Nation Act (43 
                U.S.C. 390b note; Public Law 114-322) (including 
                construction resulting from a feasibility study 
                authorized under that Act) shall be as provided in that 
                Act; and
                    (C) for a project not described in subparagraph (A) 
                or (B)--
                            (i) in the case of a federally owned 
                        project, shall not exceed 50 percent of the 
                        total cost of the project; and
                            (ii) in the case of a non-Federal project, 
                        shall not exceed 25 percent of the total cost 
                        of the project.
            (2) Federal benefits.--Before funding a project under this 
        section, the Secretary shall determine that, in return for the 
        Federal investment in the project, at least a proportionate 
        share of the benefits are Federal benefits.
            (3) Reimbursability.--The reimbursability of Federal 
        funding of projects under this section shall be in accordance 
        with the reclamation laws.
    (c) Environmental Laws.--In providing funding for a project under 
this section, the Secretary shall comply with all applicable 
environmental laws, including the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).

SEC. 9003. SMALL WATER STORAGE AND GROUNDWATER STORAGE PROJECTS.

    (a) Establishment of a Competitive Grant Program for Small Water 
Storage and Groundwater Storage Projects.--The Secretary shall 
establish a competitive grant program, under which the non-Federal 
project sponsor of any project in a Reclamation State, including the 
State of Alaska or Hawaii, determined by the Secretary to be feasible 
under subsection (b)(2)(B) shall be eligible to apply for funding for 
the planning, design, and construction of the project.
    (b) Eligibility and Selection.--
            (1) Submission to the secretary.--
                    (A) In general.--A non-Federal project sponsor 
                described in subsection (a) may submit to the Secretary 
                a proposal for a project eligible to receive a grant 
                under this section in the form of a completed 
                feasibility study.
                    (B) Eligible projects.--A project shall be 
                considered eligible for consideration for a grant under 
                this section if the project--
                            (i) has water storage capacity of not less 
                        than 2,000 acre-feet and not more than 30,000 
                        acre-feet; and
                            (ii)(I) increases surface water or 
                        groundwater storage; or
                            (II) conveys water, directly or indirectly, 
                        to or from surface water or groundwater 
                        storage.
                    (C) Guidelines.--Not later than 60 days after the 
                date of enactment of this Act, the Secretary shall 
                issue guidelines for feasibility studies for small 
                storage projects to provide sufficient information for 
                the formulation of the studies.
            (2) Review by the secretary.--The Secretary shall review 
        each feasibility study received under paragraph (1)(A) for the 
        purpose of determining whether--
                    (A) the feasibility study, and the process under 
                which the study was developed, each comply with Federal 
                laws (including regulations) applicable to feasibility 
                studies of small storage projects;
                    (B) the project is technically and financially 
                feasible, in accordance with--
                            (i) the guidelines developed under 
                        paragraph (1)(C); and
                            (ii) the reclamation laws; and
                    (C) the project provides a Federal benefit, as 
                determined by the Secretary.
            (3) Submission to congress.--Not later than 180 days after 
        the date of receipt of a feasibility study received under 
        paragraph (1)(A), the Secretary shall submit to the Committee 
        on Energy and Natural Resources of the Senate and the Committee 
        on Natural Resources of the House of Representatives a report 
        that describes--
                    (A) the results of the review of the study by the 
                Secretary under paragraph (2), including a 
                determination of whether the project is feasible and 
                provides a Federal benefit;
                    (B) any recommendations that the Secretary may have 
                concerning the plan or design of the project; and
                    (C) any conditions the Secretary may require for 
                construction of the project.
            (4) Eligibility for funding.--
                    (A) In general.--The non-Federal project sponsor of 
                any project determined by the Secretary to be feasible 
                under paragraph (3)(A) shall be eligible to apply to 
                the Secretary for a grant to cover the Federal share of 
                the costs of planning, designing, and constructing the 
                project pursuant to subsection (c).
                    (B) Required determination.--Prior to awarding 
                grants to a small storage project, the Secretary shall 
                determine whether there is sufficient non-Federal 
                funding available to complete the project.
            (5) Priority.--In awarding grants to projects under this 
        section, the Secretary shall give priority to projects that 
        meet 1 or more of the following criteria:
                    (A) Projects that are likely to provide a more 
                reliable water supply for States, Indian Tribes, and 
                local governments, including subdivisions of those 
                entities.
                    (B) Projects that are likely to increase water 
                management flexibility and reduce impacts on 
                environmental resources from projects operated by 
                Federal and State agencies.
                    (C) Projects that are regional in nature.
                    (D) Projects with multiple stakeholders.
                    (E) Projects that provide multiple benefits, 
                including water supply reliability, ecosystem benefits, 
                groundwater management and enhancements, and water 
                quality improvements.
    (c) Ceiling on Federal Share.--The Federal share of the costs of 
each of the individual projects selected under this section shall not 
exceed the lesser of--
            (1) 25 percent of the total project cost; or
            (2) $30,000,000.
    (d) Environmental Laws.--In providing funding for a grant for a 
project under this section, the Secretary shall comply with all 
applicable environmental laws, including the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (e) Termination of Authority.--The authority to carry out this 
section terminates on the date that is 5 years after the date of 
enactment of this Act.

SEC. 9004. CRITICAL MAINTENANCE AND REPAIR.

    (a) Critical Failure at a Reserved or Transferred Work.--
            (1) In general.--A reserved or transferred work shall only 
        be eligible for funding under section 9001(2)(A) if--
                    (A) construction of the reserved or transferred 
                work began on or before January 1, 1915; and
                    (B) a unit of the reserved or transferred work 
                suffered a critical failure in Bureau of Reclamation 
                infrastructure during the 2-year period ending on the 
                date of enactment of this Act that resulted in the 
                failure to deliver water to project beneficiaries.
            (2) Use of funds.--Rehabilitation, repair, and replacement 
        activities for a transferred or reserved work using amounts 
        made available under section 9001(2)(A) may be used for the 
        entire transferred or reserved work, regardless of whether the 
        critical failure was limited to a single project of the overall 
        work.
            (3) Nonreimbursable funds.--Notwithstanding section 9603(b) 
        of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 
        510b(b)), amounts made available to a reserved or transferred 
        work under section 9001(2)(A) shall be nonreimbursable to the 
        United States.
    (b) Carey Act Projects.--The Secretary shall use amounts made 
available under section 9001(2)(B) to fund the rehabilitation, 
reconstruction, or replacement of a dam--
            (1) the construction of which began on or after January 1, 
        1905;
            (2) that was developed pursuant to section 4 of the Act of 
        August 18, 1894 (commonly known as the ``Carey Act'') (43 
        U.S.C. 641; 28 Stat. 422, chapter 301);
            (3) that the Governor of the State in which the dam is 
        located has--
                    (A) determined the dam has reached its useful life;
                    (B) determined the dam poses significant health and 
                safety concerns; and
                    (C) requested Federal support; and
            (4) for which the estimated rehabilitation, reconstruction, 
        or replacement, engineering, and permitting costs would exceed 
        $50,000,000.

SEC. 9005. COMPETITIVE GRANT PROGRAM FOR LARGE-SCALE WATER RECYCLING 
              AND REUSE PROGRAM.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State, Indian Tribe, municipality, irrigation 
                district, water district, wastewater district, or other 
                organization with water or power delivery authority;
                    (B) a State, regional, or local authority, the 
                members of which include 1 or more organizations with 
                water or power delivery authority; or
                    (C) an agency established under State law for the 
                joint exercise of powers or a combination of entities 
                described in subparagraphs (A) and (B).
            (2) Eligible project.--The term ``eligible project'' means 
        a project described in subsection (c).
            (3) Program.--The term ``program'' means the grant program 
        established under subsection (b).
            (4) Reclamation state.--The term ``Reclamation State'' 
        means a State or territory described in the first section of 
        the Act of June 17, 1902 (43 U.S.C. 391; 32 Stat. 388, chapter 
        1093).
    (b) Establishment.--The Secretary shall establish a program to 
provide grants to eligible entities on a competitive basis for the 
planning, design, and construction of large-scale water recycling and 
reuse projects that provide substantial water supply and other benefits 
to the Reclamation States in accordance with this section.
    (c) Eligible Project.--A project shall be eligible for a grant 
under this section if the project--
            (1) reclaims and reuses--
                    (A) municipal, industrial, domestic, or 
                agricultural wastewater; or
                    (B) impaired groundwater or surface water;
            (2) has a total estimated cost of $500,000,000 or more;
            (3) is located in a Reclamation State;
            (4) is constructed, operated, and maintained by an eligible 
        entity; and
            (5) provides a Federal benefit in accordance with the 
        reclamation laws.
    (d) Project Evaluation.--The Secretary may provide a grant to an 
eligible project under the program if--
            (1) the eligible entity determines through the preparation 
        of a feasibility study or equivalent study, and the Secretary 
        concurs, that the eligible project--
                    (A) is technically and financially feasible;
                    (B) provides a Federal benefit in accordance with 
                the reclamation laws; and
                    (C) is consistent with applicable Federal and State 
                laws;
            (2) the eligible entity has sufficient non-Federal funding 
        available to complete the eligible project, as determined by 
        the Secretary;
            (3) the eligible entity is financially solvent, as 
        determined by the Secretary; and
            (4) not later than 30 days after the date on which the 
        Secretary concurs with the determinations under paragraph (1) 
        with respect to the eligible project, the Secretary submits to 
        Congress written notice of the determinations.
    (e) Priority.--In providing grants to eligible projects under the 
program, the Secretary shall give priority to eligible projects that 
meet 1 or more of the following criteria:
            (1) The eligible project provides multiple benefits, 
        including--
                    (A) water supply reliability benefits for drought-
                stricken States and communities;
                    (B) fish and wildlife benefits; and
                    (C) water quality improvements.
            (2) The eligible project is likely to reduce impacts on 
        environmental resources from water projects owned or operated 
        by Federal and State agencies, including through measurable 
        reductions in water diversions from imperiled ecosystems.
            (3) The eligible project would advance water management 
        plans across a multi-State area, such as drought contingency 
        plans in the Colorado River Basin.
            (4) The eligible project is regional in nature.
            (5) The eligible project is collaboratively developed or 
        supported by multiple stakeholders.
    (f) Federal Assistance.--
            (1) Federal cost share.--The Federal share of the cost of 
        any project provided a grant under the program shall not exceed 
        25 percent of the total cost of the eligible project.
            (2) Total dollar cap.--The Secretary shall not impose a 
        total dollar cap on Federal contributions for all eligible 
        individual projects provided a grant under the program.
            (3) Nonreimbursable funds.--Any funds provided by the 
        Secretary to an eligible entity under the program shall be 
        considered nonreimbursable.
            (4) Funding eligibility.--An eligible project shall not be 
        considered ineligible for assistance under the program because 
        the eligible project has received assistance under--
                    (A) the Reclamation Wastewater and Groundwater 
                Study and Facilities Act (43 U.S.C. 390h et seq.);
                    (B) section 4(a) of the Water Desalination Act of 
                1996 (42 U.S.C. 10301 note; Public Law 104-298) for 
                eligible desalination projects; or
                    (C) section 1602(e) of the Reclamation Wastewater 
                and Groundwater Study and Facilities Act (43 U.S.C. 
                390h(e)).
    (g) Environmental Laws.--In providing a grant for an eligible 
project under the program, the Secretary shall comply with all 
applicable environmental laws, including the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (h) Guidance.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall issue guidance on the implementation of 
the program, including guidelines for the preparation of feasibility 
studies or equivalent studies by eligible entities.
    (i) Reports.--
            (1) Annual report.--At the end of each fiscal year, the 
        Secretary shall make available on the website of the Department 
        of the Interior an annual report that lists each eligible 
        project for which a grant has been awarded under this section 
        during the fiscal year.
            (2) Comptroller general.--
                    (A) Assessment.--The Comptroller General of the 
                United States shall conduct an assessment of the 
                administrative establishment, solicitation, selection, 
                and justification process with respect to the funding 
                of grants under this section.
                    (B) Report.--Not later than 1 year after the date 
                of the initial award of grants under this section, the 
                Comptroller General shall submit to the Committee on 
                Energy and Natural Resources of the Senate and the 
                Committee on Natural Resources of the House of 
                Representatives a report that describes--
                            (i) the adequacy and effectiveness of the 
                        process by which each eligible project was 
                        selected, if applicable; and
                            (ii) the justification and criteria used 
                        for the selection of each eligible project, if 
                        applicable.
    (j) Treatment of Conveyance.--The Secretary shall consider the 
planning, design, and construction of a conveyance system for an 
eligible project to be eligible for grant funding under the program.
    (k) Termination of Authority.--The authority to carry out this 
section terminates on the date that is 5 years after the date of 
enactment of this Act.

SEC. 9006. DROUGHT CONTINGENCY PLAN FUNDING REQUIREMENTS.

    (a) In General.--Funds made available under section 9001(8) for use 
in the Lower Colorado River Basin may be used for projects--
            (1) to establish or conserve recurring Colorado River water 
        that contributes to supplies in Lake Mead and other Colorado 
        River water reservoirs in the Lower Colorado River Basin; or
            (2) to improve the long-term efficiency of operations in 
        the Lower Colorado River Basin.
    (b) Limitation.--None of the funds made available under section 
9001(8) may be used for the operation of the Yuma Desalting Plant.
    (c) Effect.--Nothing in section 9001(8) limits existing or future 
opportunities to augment the water supplies of the Colorado River.

SEC. 9007. MULTI-BENEFIT PROJECTS TO IMPROVE WATERSHED HEALTH.

    (a) Definition of Eligible Applicant.--In this section, the term 
``eligible applicant'' means--
            (1) a State;
            (2) a Tribal or local government;
            (3) an organization with power or water delivery authority;
            (4) a regional authority; or
            (5) a nonprofit conservation organization.
    (b) Establishment of Competitive Grant Program.--Not later than 1 
year after the date of enactment of this Act, the Secretary, in 
consultation with the heads of relevant agencies, shall establish a 
competitive grant program under which the Secretary shall award grants 
to eligible applicants for the design, implementation, and monitoring 
of conservation outcomes of habitat restoration projects that improve 
watershed health in a river basin that is adversely impacted by a 
Bureau of Reclamation water project by accomplishing 1 or more of the 
following:
            (1) Ecosystem benefits.
            (2) Restoration of native species.
            (3) Mitigation against the impacts of climate change to 
        fish and wildlife habitats.
            (4) Protection against invasive species.
            (5) Restoration of aspects of the natural ecosystem.
            (6) Enhancement of commercial, recreational, subsistence, 
        or Tribal ceremonial fishing.
            (7) Enhancement of river-based recreation.
    (c) Requirements.--
            (1) In general.--In awarding a grant to an eligible 
        applicant under subsection (b), the Secretary--
                    (A) shall give priority to an eligible applicant 
                that would carry out a habitat restoration project that 
                achieves more than 1 of the benefits described in that 
                subsection; and
                    (B) may not provide a grant to carry out a habitat 
                restoration project the purpose of which is to meet 
                existing environmental mitigation or compliance 
                obligations under Federal or State law.
            (2) Compliance.--A habitat restoration project awarded a 
        grant under subsection (b) shall comply with all applicable 
        Federal and State laws.
    (d) Cost-sharing Requirement.--The Federal share of the cost of any 
habitat restoration project that is awarded a grant under subsection 
(b)--
            (1) shall not exceed 50 percent of the cost of the habitat 
        restoration project; or
            (2) in the case of a habitat restoration project that 
        provides benefits to ecological or recreational values in which 
        the nonconsumptive water conservation benefit or habitat 
        restoration benefit accounts for at least 75 percent of the 
        cost of the habitat restoration project, as determined by the 
        Secretary, shall not exceed 75 percent of the cost of the 
        habitat restoration project.

SEC. 9008. ELIGIBLE DESALINATION PROJECTS.

    Section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 
note; Public Law 104-298) is amended by redesignating the second 
paragraph (1) (relating to eligible desalination projects) as paragraph 
(2).

SEC. 9009. CLARIFICATION OF AUTHORITY TO USE CORONAVIRUS FISCAL 
              RECOVERY FUNDS TO MEET A NON-FEDERAL MATCHING REQUIREMENT 
              FOR AUTHORIZED BUREAU OF RECLAMATION WATER PROJECTS.

    (a) Coronavirus State Fiscal Recovery Fund.--Section 602(c) of the 
Social Security Act (42 U.S.C. 802(c)) is amended by adding at the end 
the following:
            ``(4) Use of funds to satisfy non-federal matching 
        requirements for authorized bureau of reclamation water 
        projects.--Funds provided under this section for an authorized 
        Bureau of Reclamation project may be used for purposes of 
        satisfying any non-Federal matching requirement required for 
        the project.''.
    (b) Coronavirus Local Fiscal Recovery Fund.--Section 603(c) of the 
Social Security Act (42 U.S.C. 803(c)) is amended by adding at the end 
the following:
            ``(5) Use of funds to satisfy non-federal matching, 
        maintenance of effort, or other expenditure requirement.--Funds 
        provided under this section for an authorized Bureau of 
        Reclamation project may be used for purposes of satisfying any 
        non-Federal matching requirement required for the project.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of section 9901 of the American 
Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 223).

SEC. 9010. FEDERAL ASSISTANCE FOR GROUNDWATER RECHARGE, AQUIFER 
              STORAGE, AND WATER SOURCE SUBSTITUTION PROJECTS.

    (a) In General.--The Secretary, in coordination with affected 
Indian Tribes, States (including subdivisions and departments of a 
State), or a public agency organized pursuant to State law, may provide 
technical or financial assistance for, participate in, and enter into 
agreements (including agreements with irrigation entities) for--
            (1) groundwater recharge projects;
            (2) aquifer storage and recovery projects; and
            (3) water source substitution for aquifer protection 
        projects.
    (b) Limitation.--Nothing in this section authorizes additional 
technical or financial assistance for a surface water storage facility 
constructed after the date of enactment of this Act.

    TITLE X--AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT OF 2020

SEC. 10001. ENERGY STORAGE DEMONSTRATION PROJECTS.

    (a) Energy Storage Demonstration Projects; Pilot Grant Program.--
There is authorized to be appropriated to the Secretary to carry out 
activities under section 3201(c) of the Energy Act of 2020 (42 U.S.C. 
17232(c)) $355,000,000 for the period of fiscal years 2022 through 
2025.
    (b) Long-duration Demonstration Initiative and Joint Program.--
There is authorized to be appropriated to the Secretary to carry out 
activities under section 3201(d) of the Energy Act of 2020 (42 U.S.C. 
17232(d)) $150,000,000 for the period of fiscal years 2022 through 
2025.

SEC. 10002. ADVANCED REACTOR DEMONSTRATION PROGRAM.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out activities under section 
959A of the Energy Policy Act of 2005 (42 U.S.C. 16279a) pursuant to 
the funding opportunity announcement of the Department numbered DE-FOA-
0002271 for Pathway 1, Advanced Reactor Demonstrations--
            (1) $511,000,000 for fiscal year 2022;
            (2) $506,000,000 for fiscal year 2023;
            (3) $636,000,000 for fiscal year 2024;
            (4) $824,000,000 for fiscal year 2025;
            (5) $453,000,000 for fiscal year 2026; and
            (6) $281,000,000 for fiscal year 2027.
    (b) Technical Corrections.--
            (1) Definition of advanced nuclear reactor.--Section 
        951(b)(1) of the Energy Policy Act of 2005 (42 U.S.C. 
        16271(b)(1)) is amended--
                    (A) in subparagraph (A)(xi), by striking ``; and'' 
                and inserting a semicolon;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) a radioisotope power system that utilizes 
                heat from radioactive decay to generate energy.''.
            (2) Nuclear energy university program funding.--Section 
        954(a)(6) of the Energy Policy Act of 2005 (42 U.S.C. 
        16274(a)(6)) is amended by inserting ``, excluding funds 
        appropriated for the Advanced Reactor Demonstration Program of 
        the Department,'' after ``annually''.

SEC. 10003. MINERAL SECURITY PROJECTS.

    (a) National Geological and Geophysical Data Preservation 
Program.--There are authorized to be appropriated to the Secretary of 
the Interior to carry out activities under section 351 of the Energy 
Policy Act of 2005 (42 U.S.C. 15908)--
            (1) $8,668,000 for fiscal year 2022; and
            (2) $5,000,000 for each of fiscal years 2023 through 2025.
    (b) Rare Earth Mineral Security.--There are authorized to be 
appropriated to the Secretary to carry out activities under section 
7001(a) of the Energy Act of 2020 (42 U.S.C. 13344(a))--
            (1) $23,000,000 for fiscal year 2022;
            (2) $24,200,000 for fiscal year 2023;
            (3) $25,400,000 for fiscal year 2024;
            (4) $26,600,000 for fiscal year 2025; and
            (5) $27,800,000 for fiscal year 2026.
    (c) Critical Material Innovation, Efficiency, and Alternatives.--
There are authorized to be appropriated to the Secretary to carry out 
activities under section 7002(g) of the Energy Act of 2020 (30 U.S.C. 
1606(g))--
            (1) $230,000,000 for fiscal year 2022;
            (2) $100,000,000 for fiscal year 2023; and
            (3) $135,000,000 for each of fiscal years 2024 and 2025.
    (d) Critical Material Supply Chain Research Facility.--There are 
authorized to be appropriated to the Secretary to carry out activities 
under section 7002(h) of the Energy Act of 2020 (30 U.S.C. 1606(h))--
            (1) $40,000,000 for fiscal year 2022; and
            (2) $35,000,000 for fiscal year 2023.

SEC. 10004. CARBON CAPTURE DEMONSTRATION AND PILOT PROGRAMS.

    (a) Carbon Capture Large-scale Pilot Projects.--There are 
authorized to be appropriated to the Secretary to carry out activities 
under section 962(b)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C. 
16292(b)(2)(B))--
            (1) $387,000,000 for fiscal year 2022;
            (2) $200,000,000 for fiscal year 2023;
            (3) $200,000,000 for fiscal year 2024; and
            (4) $150,000,000 for fiscal year 2025.
    (b) Carbon Capture Demonstration Projects Program.--There are 
authorized to be appropriated to the Secretary to carry out activities 
under section 962(b)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C. 
16292(b)(2)(C))--
            (1) $937,000,000 for fiscal year 2022;
            (2) $500,000,000 for each of fiscal years 2023 and 2024; 
        and
            (3) $600,000,000 for fiscal year 2025.

SEC. 10005. DIRECT AIR CAPTURE TECHNOLOGIES PRIZE COMPETITIONS.

    (a) Precommercial.--There is authorized to be appropriated to the 
Secretary to carry out activities under section 969D(e)(2)(A) of the 
Energy Policy Act of 2005 (42 U.S.C. 16298d(e)(2)(A)) $15,000,000 for 
fiscal year 2022.
    (b) Commercial.--There is authorized to be appropriated to the 
Secretary to carry out activities under section 969D(e)(2)(B) of the 
Energy Policy Act of 2005 (42 U.S.C. 16298d(e)(2)(B)) $100,000,000 for 
fiscal year 2022.

SEC. 10006. WATER POWER PROJECTS.

    (a) Hydropower and Marine Energy.--There are authorized to be 
appropriated to the Secretary--
            (1) to carry out activities under section 634 of the Energy 
        Independence and Security Act of 2007 (42 U.S.C. 17213), 
        $36,000,000 for the period of fiscal years 2022 through 2025; 
        and
            (2) to carry out activities under section 635 of the Energy 
        Independence and Security Act of 2007 (42 U.S.C. 17214), 
        $70,400,000 for the period of fiscal years 2022 through 2025.
    (b) National Marine Energy Centers.--There is authorized to be 
appropriated to the Secretary to carry out activities under section 636 
of the Energy Independence and Security Act of 2007 (42 U.S.C. 17215) 
$40,000,000 for the period of fiscal years 2022 through 2025.

SEC. 10007. RENEWABLE ENERGY PROJECTS.

    (a) Geothermal Energy.--There is authorized to be appropriated to 
the Secretary to carry out activities under section 615(d) of the 
Energy Independence and Security Act of 2007 (42 U.S.C. 17194(d)) 
$84,000,000 for the period of fiscal years 2022 through 2025.
    (b) Wind Energy.--There are authorized to be appropriated to the 
Secretary--
            (1) to carry out activities under section 3003(b)(2) of the 
        Energy Act of 2020 (42 U.S.C. 16237(b)(2)), $60,000,000 for the 
        period of fiscal years 2022 through 2025; and
            (2) to carry out activities under section 3003(b)(4) of the 
        Energy Act of 2020 (42 U.S.C. 16237(b)(4)), $40,000,000 for the 
        period of fiscal years 2022 through 2025.
    (c) Solar Energy.--There are authorized to be appropriated to the 
Secretary--
            (1) to carry out activities under section 3004(b)(2) of the 
        Energy Act of 2020 (42 U.S.C. 16238(b)(2)), $40,000,000 for the 
        period of fiscal years 2022 through 2025;
            (2) to carry out activities under section 3004(b)(3) of the 
        Energy Act of 2020 (42 U.S.C. 16238(b)(3)), $20,000,000 for the 
        period of fiscal years 2022 through 2025; and
            (3) to carry out activities under section 3004(b)(4) of the 
        Energy Act of 2020 (42 U.S.C. 16238(b)(4)), $20,000,000 for the 
        period of fiscal years 2022 through 2025.
    (d) Clarification.--Amounts authorized to be appropriated under 
subsection (b) are authorized to be a part of, and not in addition to, 
any amounts authorized to be appropriated by section 3003(b)(7) of the 
Energy Act of 2020 (42 U.S.C. 16237(b)(7)).

SEC. 10008. INDUSTRIAL EMISSIONS DEMONSTRATION PROJECTS.

    There are authorized to be appropriated to the Secretary to carry 
out activities under section 454(d)(3) of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17113(d)(3))--
            (1) $100,000,000 for each of fiscal years 2022 and 2023; 
        and
            (2) $150,000,000 for each of fiscal years 2024 and 2025.

                    TITLE XI--WAGE RATE REQUIREMENTS

SEC. 11001. WAGE RATE REQUIREMENTS.

    (a) Davis-Bacon.--All laborers and mechanics employed by 
contractors or subcontractors in the performance of construction, 
alteration, or repair work on a project assisted in whole or in part by 
funding made available under this Act or an amendment made by this Act 
shall be paid wages at rates not less than those prevailing on similar 
projects 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 referred to as the ``Davis-Bacon Act'').
    (b) Authority.--With respect to the labor standards specified in 
subsection (a), 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.

                        TITLE XII--MISCELLANEOUS

SEC. 12001. OFFICE OF CLEAN ENERGY DEMONSTRATIONS.

    (a) Definitions.--In this section:
            (1) Covered project.--The term ``covered project'' means a 
        demonstration project of the Department that--
                    (A) receives or is eligible to receive funding from 
                the Secretary; and
                    (B) is authorized under--
                            (i) this Act; or
                            (ii) the Energy Act of 2020 (Public Law 
                        116-260; 134 Stat. 1182).
            (2) Program.--The term ``program'' means the program 
        established under subsection (b).
    (b) Establishment.--The Secretary, in coordination with the heads 
of relevant program offices of the Department, shall establish a 
program to conduct project management and oversight of covered 
projects, including by--
            (1) conducting evaluations of proposals for covered 
        projects before the selection of a covered project for funding;
            (2) conducting independent oversight of the execution of a 
        covered project after funding has been awarded for that covered 
        project; and
            (3) ensuring a balanced portfolio of investments in covered 
        projects.
    (c) Duties.--The Secretary shall appoint a head of the program who 
shall, in coordination with the heads of relevant program offices of 
the Department--
            (1) evaluate proposals for covered projects, including 
        scope, technical specifications, maturity of design, funding 
        profile, estimated costs, proposed schedule, proposed technical 
        and financial milestones, and potential for commercial success 
        based on economic and policy projections;
            (2) develop independent cost estimates for a proposal for a 
        covered project, if appropriate;
            (3) recommend to the head of a program office of the 
        Department, as appropriate, whether to fund a proposal for a 
        covered project;
            (4) oversee the execution of covered projects that receive 
        funding from the Secretary, including reconciling estimated 
        costs as compared to actual costs;
            (5) conduct reviews of ongoing covered projects, 
        including--
                    (A) evaluating the progress of a covered project 
                based on the proposed schedule and technical and 
                financial milestones; and
                    (B) providing the evaluations under subparagraph 
                (A) to the Secretary; and
            (6) assess the lessons learned in overseeing covered 
        projects and implement improvements in the process of 
        evaluating and overseeing covered projects.
    (d) Employees.--To carry out the program, the Secretary may hire 
appropriate personnel to perform the duties of the program.
    (e) Coordination.--In carrying out the program, the head of the 
program shall coordinate with--
            (1) project management and acquisition management entities 
        with the Department, including the Office of Project 
        Management; and
            (2) professional organizations in project management, 
        construction, cost estimation, and other relevant fields.
    (f) Reports.--
            (1) Report by secretary.--The Secretary shall include in 
        each updated technology transfer execution plan submitted under 
        subsection (h)(2) of section 1001 of the Energy Policy Act of 
        2005 (42 U.S.C. 16391) information on the implementation of and 
        progress made under the program, including, for the year 
        covered by the report--
                    (A) the covered projects under the purview of the 
                program; and
                    (B) the review of each covered project carried out 
                under subsection (c)(5).
            (2) Report by comptroller general.--Not later than 3 years 
        after the date of enactment of this Act, the Comptroller 
        General of the United States shall submit to the Committee on 
        Energy and Natural Resources of the Senate and the Committee on 
        Science, Space, and Technology of the House of Representatives 
        a report evaluating the operation of the program, including--
                    (A) a description of the processes and procedures 
                used by the program to evaluate proposals of covered 
                projects and the oversight of covered projects; and
                    (B) any recommended changes in the program, 
                including changes to--
                            (i) the processes and procedures described 
                        in subparagraph (A); and
                            (ii) the structure of the program, for the 
                        purpose of better carrying out the program.
    (g) Technical Amendment.--Section 1001 of the Energy Policy Act of 
2005 (42 U.S.C. 16391) is amended by redesignating the second 
subsections (f) (relating to planning and reporting) and (g) (relating 
to additional technology transfer programs) as subsections (h) and (i), 
respectively.

SEC. 12002. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
              DETERMINATION ACT OF 2000.

    (a) Definition of Full Funding Amount.--Section 3(11) of the Secure 
Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 
7102(11)) is amended by striking subparagraphs (D) and (E) and 
inserting the following:
                    ``(D) for fiscal year 2017, the amount that is 
                equal to 95 percent of the full funding amount for 
                fiscal year 2015;
                    ``(E) for each of fiscal years 2018 through 2020, 
                the amount that is equal to 95 percent of the full 
                funding amount for the preceding fiscal year; and
                    ``(F) for fiscal year 2021 and each fiscal year 
                thereafter, the amount that is equal to the full 
                funding amount for fiscal year 2017.''.
    (b) Secure Payments for States and Counties Containing Federal 
Land.--
            (1) Secure payments.--Section 101 of the Secure Rural 
        Schools and Community Self-Determination Act of 2000 (16 U.S.C. 
        7111) is amended, in subsections (a) and (b), by striking 
        ``2015, 2017, 2018, 2019, and 2020'' each place it appears and 
        inserting ``2015 and 2017 through 2023''.
            (2) Distribution of payments to eligible counties.--Section 
        103(d)(2) of the Secure Rural Schools and Community Self-
        Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended by 
        striking ``2020'' and inserting ``2023''.
    (c) Pilot Program To Streamline Nomination of Members of Resource 
Advisory Committees.--Section 205 of the Secure Rural Schools and 
Community Self-Determination Act of 2000 (16 U.S.C. 7125) is amended by 
striking subsection (g) and inserting the following:
    ``(g) Resource Advisory Committee Appointment Pilot Programs.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Applicable designee.--The term `applicable 
                designee' means the applicable regional forester.
                    ``(B) National pilot program.--The term `national 
                pilot program' means the national pilot program 
                established under paragraph (4)(A).
                    ``(C) Regional pilot program.--The term `regional 
                pilot program' means the regional pilot program 
                established under paragraph (3)(A).
            ``(2) Establishment of pilot programs.--In accordance with 
        paragraphs (3) and (4), the Secretary concerned shall carry out 
        2 pilot programs to appoint members of resource advisory 
        committees.
            ``(3) Regional pilot program.--
                    ``(A) In general.--The Secretary concerned shall 
                carry out a regional pilot program to allow an 
                applicable designee to appoint members of resource 
                advisory committees.
                    ``(B) Geographic limitation.--The regional pilot 
                program shall only apply to resource advisory 
                committees chartered in--
                            ``(i) the State of Montana; and
                            ``(ii) the State of Arizona.
                    ``(C) Responsibilities of applicable designee.--
                            ``(i) Review.--Before appointing a member 
                        of a resource advisory committee under the 
                        regional pilot program, an applicable designee 
                        shall conduct the review and analysis that 
                        would otherwise be conducted for an appointment 
                        to a resource advisory committee if the 
                        regional pilot program was not in effect, 
                        including any review and analysis with respect 
                        to civil rights and budgetary requirements.
                            ``(ii) Savings clause.--Nothing in this 
                        paragraph relieves an applicable designee from 
                        any requirement developed by the Secretary 
                        concerned for making an appointment to a 
                        resource advisory committee that is in effect 
                        on December 20, 2018, including any requirement 
                        for advertising a vacancy.
            ``(4) National pilot program.--
                    ``(A) In general.--The Secretary concerned shall 
                carry out a national pilot program to allow the Chief 
                of the Forest Service or the Director of the Bureau of 
                Land Management, as applicable, to submit to the 
                Secretary concerned nominations of individuals for 
                appointment as members of resource advisory committees.
                    ``(B) Appointment.--Under the national pilot 
                program, subject to subparagraph (C), not later than 30 
                days after the date on which a nomination is 
                transmitted to the Secretary concerned under 
                subparagraph (A), the Secretary concerned shall--
                            ``(i) appoint the nominee to the applicable 
                        resource advisory committee; or
                            ``(ii) reject the nomination.
                    ``(C) Automatic appointment.--If the Secretary 
                concerned does not act on a nomination in accordance 
                with subparagraph (B) by the date described in that 
                subparagraph, the nominee shall be deemed appointed to 
                the applicable resource advisory committee.
                    ``(D) Geographic limitation.--The national pilot 
                program shall apply to a resource advisory committee 
                chartered in any State other than--
                            ``(i) the State of Montana; or
                            ``(ii) the State of Arizona.
                    ``(E) Savings clause.--Nothing in this paragraph 
                relieves the Secretary concerned from any requirement 
                relating to an appointment to a resource advisory 
                committee, including any requirement with respect to 
                civil rights or advertising a vacancy.
            ``(5) Termination of effectiveness.--The authority provided 
        under this subsection terminates on October 1, 2023.
            ``(6) Report to congress.--Not later 180 days after the 
        date described in paragraph (5), the Secretary concerned shall 
        submit to Congress a report that includes--
                    ``(A) with respect to appointments made under the 
                regional pilot program compared to appointments made 
                under the national pilot program, a description of the 
                extent to which--
                            ``(i) appointments were faster or slower; 
                        and
                            ``(ii) the requirements described in 
                        paragraph (3)(C)(i) differ; and
                    ``(B) a recommendation with respect to whether 
                Congress should terminate, continue, modify, or expand 
                the pilot programs.''.
    (d) Extension of Authority To Conduct Special Projects on Federal 
Land.--
            (1) Existing advisory committees.--Section 205(a)(4) of the 
        Secure Rural Schools and Community Self-Determination Act of 
        2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``December 
        20, 2021'' each place it appears and inserting ``December 20, 
        2023''.
            (2) Extension of authority.--Section 208 of the Secure 
        Rural Schools and Community Self-Determination Act of 2000 (16 
        U.S.C. 7128) is amended--
                    (A) in subsection (a), by striking ``2022'' and 
                inserting ``2025''; and
                    (B) in subsection (b), by striking ``2023'' and 
                inserting ``2026''.
    (e) Access to Broadband and Other Technology.--Section 302(a) of 
the Secure Rural Schools and Community Self-Determination Act of 2000 
(16 U.S.C. 7142(a)) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) to provide or expand access to--
                    ``(A) broadband telecommunications services at 
                local schools; or
                    ``(B) the technology and connectivity necessary for 
                students to use a digital learning tool at or outside 
                of a local school campus.''.
    (f) Extension of Authority To Expend County Funds.--Section 304 of 
the Secure Rural Schools and Community Self-Determination Act of 2000 
(16 U.S.C. 7144) is amended--
            (1) in subsection (a), by striking ``2022'' and inserting 
        ``2025''; and
            (2) in subsection (b), by striking ``2023'' and inserting 
        ``2026''.
    (g) Amounts Obligated but Unspent; Prohibition on Use of Funds.--
Title III of the Secure Rural Schools and Community Self-Determination 
Act of 2000 (16 U.S.C. 7141 et seq.) is amended--
            (1) by redesignating section 304 as section 305; and
            (2) by inserting after section 303 the following:

``SEC. 304. AMOUNTS OBLIGATED BUT UNSPENT; PROHIBITION ON USE OF FUNDS.

    ``(a) Amounts Obligated but Unspent.--Any county funds that were 
obligated by the applicable participating county before October 1, 
2017, but are unspent on October 1, 2020--
            ``(1) may, at the option of the participating county, be 
        deemed to have been reserved by the participating county on 
        October 1, 2020, for expenditure in accordance with this title; 
        and
            ``(2)(A) may be used by the participating county for any 
        authorized use under section 302(a); and
            ``(B) on a determination by the participating county under 
        subparagraph (A) to use the county funds, shall be available 
        for projects initiated after October 1, 2020, subject to 
        section 305.
    ``(b) Prohibition on Use of Funds.--Notwithstanding any other 
provision of law, effective beginning on the date of enactment of the 
Energy Infrastructure Act, no county funds made available under this 
title may be used by any participating county for any lobbying 
activity, regardless of the purpose for which the funds are obligated 
on or before that date.''.
                                                       Calendar No. 104

117th CONGRESS

  1st Session

                                S. 2377

_______________________________________________________________________

                                 A BILL

To invest in the energy and outdoor infrastructure of the United States 
      to deploy new and innovative technologies, update existing 
    infrastructure to be reliable and resilient, and secure energy 
   infrastructure against physical and cyber threats, and for other 
                               purposes.

_______________________________________________________________________

                             July 19, 2021

                 Read twice and placed on the calendar