S. 2377, Energy Infrastructure Act
Summary
Senate bill 2377, the Energy Infrastructure Act, is 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. Manchin, from the Committee on Energy and Natural Resources, reported it as an original bill on July 19, 2021, and it was read twice and placed on the calendar. The table of contents lists Title I on grid infrastructure and resiliency, with subtitles on grid infrastructure resilience and reliability and on cybersecurity, and Title II on supply chains for clean energy technologies.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
- Issuer
- Congressional materials
- Document type
- Bills Bills 117S2377Rs Bills 117S2377Rs
- Case
- Bills Bills 117S2377Rs Bills 117S2377Rs
Cite this document
“S. 2377, Energy Infrastructure Act.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s2377rs-bills-117s2377rs/
, SHA-256 9ff364f3d31307a4b846388a8490d2445ae2271bc2664d304896b6b4b4e16651.Full text
II
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, re-
ported 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.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
pamtmann on DSKBC07HB2PROD with BILLS
4 (a) SHORT TITLE.—This Act may be cited as the
5 ‘‘Energy Infrastructure Act’’.
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
2
1 (b) TABLE OF CONTENTS.—The table of contents for
2 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 trans-
mission 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 tech-
nical 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
pamtmann on DSKBC07HB2PROD with BILLS
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.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S2377.RS S2377
3
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 reac-
tors.
Sec. 3202. Property interests relating to certain projects and protection of in-
formation 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 mul-
tiple 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 pur-
poses on the outer Continental Shelf.
TITLE IV—ENABLING ENERGY INFRASTRUCTURE INVESTMENT
AND DATA COLLECTION
pamtmann on DSKBC07HB2PROD with BILLS
Subtitle A—Department of Energy Loan Program
Sec. 4001. Department of Energy loan programs.
Subtitle B—Energy Information Administration
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\S2377.RS S2377
4
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 im-
pacts 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 sup-
ply 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
pamtmann on DSKBC07HB2PROD with BILLS
manufacturers.
Sec. 5213. Leveraging smart manufacturing infrastructure at National Labora-
tories.
Sec. 5214. State manufacturing leadership.
Sec. 5215. Report.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\S2377.RS S2377
5
Subtitle D—Schools and Nonprofits
Sec. 5301. Grants for energy efficiency improvements and renewable energy im-
provements 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 vegeta-
tion.
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.
pamtmann on DSKBC07HB2PROD with BILLS
Sec. 9009. Clarification of authority to use coronavirus fiscal recovery funds to
meet a non-Federal matching requirement for authorized Bu-
reau of Reclamation water projects.
Sec. 9010. Federal assistance for groundwater recharge, aquifer storage, and
water source substitution projects.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\S2377.RS S2377
6
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-Deter-
mination Act of 2000.
1 SEC. 2. DEFINITIONS.
2 In this Act:
3 (1) DEPARTMENT.—The term ‘‘Department’’
4 means the Department of Energy.
5 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
6 has the meaning given the term in section 4 of the
7 Indian Self-Determination and Education Assistance
8 Act (25 U.S.C. 5304).
9 (3) SECRETARY.—The term ‘‘Secretary’’ means
10 the Secretary of Energy.
pamtmann on DSKBC07HB2PROD with BILLS
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
7
1 TITLE I—GRID INFRASTRUC-
2 TURE AND RESILIENCY
3 Subtitle A—Grid Infrastructure
4 Resilience and Reliability
5 SEC. 1001. PREVENTING OUTAGES AND ENHANCING THE
6 RESILIENCE OF THE ELECTRIC GRID.
7 (a) DEFINITIONS.—In this section:
8 (1) DISRUPTIVE EVENT.—The term ‘‘disruptive
9 event’’ means an event in which operations of the
10 electric grid are disrupted, preventively shut off, or
11 cannot operate safely due to extreme weather, wild-
12 fire, or a natural disaster.
13 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
14 ty’’ means—
15 (A) an electric grid operator;
16 (B) an electricity storage operator;
17 (C) an electricity generator;
18 (D) a transmission owner or operator;
19 (E) a distribution provider;
20 (F) a fuel supplier; and
21 (G) any other relevant entity, as deter-
22 mined by the Secretary.
23 (3) NATURAL DISASTER.—The term ‘‘natural
pamtmann on DSKBC07HB2PROD with BILLS
24 disaster’’ has the meaning given the term in section
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
8
1 602(a) of the Robert T. Stafford Disaster Relief and
2 Emergency Assistance Act (42 U.S.C. 5195a(a)).
3 (4) POWER LINE.—The term ‘‘power line’’ in-
4 cludes a transmission line or a distribution line, as
5 applicable.
6 (5) PROGRAM.—The term ‘‘program’’ means
7 the program established under subsection (b).
8 (b) ESTABLISHMENT OF PROGRAM.—Not later than
9 180 days after the date of enactment of this Act, the Sec-
10 retary shall establish a program under which the Secretary
11 shall make grants to eligible entities, States, and Indian
12 Tribes in accordance with this section.
13 (c) GRANTS TO ELIGIBLE ENTITIES.—
14 (1) IN GENERAL.—The Secretary may make a
15 grant under the program to an eligible entity to
16 carry out activities that—
17 (A) are supplemental to existing hardening
18 efforts of the eligible entity planned for any
19 given year; and
20 (B)(i) reduce the risk of any power lines
21 owned or operated by the eligible entity causing
22 a wildfire; or
23 (ii) increase the ability of the eligible entity
pamtmann on DSKBC07HB2PROD with BILLS
24 to reduce the likelihood and consequences of
25 disruptive events.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
9
1 (2) APPLICATION.—
2 (A) IN GENERAL.—An eligible entity desir-
3 ing a grant under the program shall submit to
4 the Secretary an application at such time, in
5 such manner, and containing such information
6 as the Secretary may require.
7 (B) REQUIREMENT.—As a condition of re-
8 ceiving a grant under the program, an eligible
9 entity shall submit to the Secretary, as part of
10 the application of the eligible entity submitted
11 under subparagraph (A), a report detailing
12 past, current, and future efforts by the eligible
13 entity to reduce the likelihood and consequences
14 of disruptive events.
15 (3) LIMITATION.—The Secretary may not
16 award a grant to an eligible entity in an amount
17 that is greater than the total amount that the eligi-
18 ble entity has spent in the previous 3 years on ef-
19 forts to reduce the likelihood and consequences of
20 disruptive events.
21 (4) PRIORITY.—In making grants to eligible en-
22 tities under the program, the Secretary shall give
23 priority to projects that, in the determination of the
pamtmann on DSKBC07HB2PROD with BILLS
24 Secretary, will generate the greatest community ben-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
10
1 efit (whether rural or urban) in reducing the likeli-
2 hood and consequences of disruptive events.
3 (5) SMALL UTILITIES SET ASIDE.—The Sec-
4 retary shall ensure that not less than 30 percent of
5 the amounts made available to eligible entities under
6 the program are made available to eligible entities
7 that sell not more than 4,000,000 megawatt hours
8 of electricity per year.
9 (d) GRANTS TO STATES AND INDIAN TRIBES.—
10 (1) IN GENERAL.—The Secretary, in accord-
11 ance with this subsection, may make grants under
12 the program to States and Indian Tribes, which
13 each State or Indian Tribe may use to award grants
14 to eligible entities.
15 (2) ANNUAL APPLICATION.—
16 (A) IN GENERAL.—For each fiscal year, to
17 be eligible to receive a grant under this sub-
18 section, a State or Indian Tribe shall submit to
19 the Secretary an application that includes a
20 plan described in subparagraph (B).
21 (B) PLAN REQUIRED.—A plan prepared by
22 a State or Indian Tribe for purposes of an ap-
23 plication described in subparagraph (A) shall—
pamtmann on DSKBC07HB2PROD with BILLS
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
11
1 (i) describe the criteria and methods
2 that will be used by the State or Indian
3 Tribe to award grants to eligible entities;
4 (ii) be adopted after notice and a pub-
5 lic hearing; and
6 (iii) describe the proposed funding
7 distributions and recipients of the grants
8 to be provided by the State or Indian
9 Tribe.
10 (3) DISTRIBUTION OF FUNDS.—
11 (A) IN GENERAL.—The Secretary shall
12 provide grants to States and Indian Tribes
13 under this subsection based on a formula deter-
14 mined by the Secretary, in accordance with sub-
15 paragraph (B).
16 (B) REQUIREMENT.—The formula referred
17 to in subparagraph (A) shall be based on the
18 following factors:
19 (i) The total population of the State
20 or Indian Tribe.
21 (ii)(I) The total area of the State or
22 the land of the Indian Tribe; or
23 (II) the areas in the State or on the
pamtmann on DSKBC07HB2PROD with BILLS
24 land of the Indian Tribe with a low ratio
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
12
1 of electricity customers per mileage of
2 power lines.
3 (iii) The probability of disruptive
4 events in the State or on the land of the
5 Indian Tribe during the previous 10 years,
6 as determined based on the number of fed-
7 erally declared disasters or emergencies in
8 the State or on the land of the Indian
9 Tribe, as applicable, including—
10 (I) disasters for which Fire Man-
11 agement Assistance Grants are pro-
12 vided under section 420 of the Robert
13 T. Stafford Disaster Relief and Emer-
14 gency Assistance Act (42 U.S.C.
15 5187);
16 (II) major disasters declared by
17 the President under section 401 of
18 that Act (42 U.S.C. 5170);
19 (III) emergencies declared by the
20 President under section 501 of that
21 Act (42 U.S.C. 5191); and
22 (IV) any other federally declared
23 disaster or emergency in the State or
pamtmann on DSKBC07HB2PROD with BILLS
24 on the land of the Indian Tribe.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
13
1 (iv) The number and severity, meas-
2 ured by population and economic impacts,
3 of disruptive events experienced by the
4 State or Indian Tribe on or after January
5 1, 2011.
6 (v) The total amount, on a per capita
7 basis, of public and private expenditures
8 during the previous 10 years to carry out
9 mitigation efforts to reduce the likelihood
10 and consequences of disruptive events in
11 the State or on the land of the Indian
12 Tribe, with States or Indian Tribes with
13 higher per capita expenditures receiving
14 additional weight or consideration as com-
15 pared to States or Indian Tribes with
16 lower per capita expenditures.
17 (C) ANNUAL UPDATE OF DATA USED IN
18 DISTRIBUTION OF FUNDS.—Beginning 1 year
19 after the date of enactment of this Act, the Sec-
20 retary shall annually update—
21 (i) all data relating to the factors de-
22 scribed in subparagraph (B); and
23 (ii) all other data used in distributing
pamtmann on DSKBC07HB2PROD with BILLS
24 grants to States and Indian Tribes under
25 this subsection.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
14
1 (4) OVERSIGHT.—The Secretary shall ensure
2 that each grant provided to a State or Indian Tribe
3 under the program is allocated, pursuant to the ap-
4 plicable plan of the State or Indian Tribe, to eligible
5 entities for projects within the State or on the land
6 of the Indian Tribe.
7 (5) PRIORITY.—In making grants to eligible en-
8 tities using funds made available to the applicable
9 State or Indian Tribe under the program, the State
10 or Indian Tribe shall give priority to projects that,
11 in the determination of the State or Indian Tribe,
12 will generate the greatest community benefit (wheth-
13 er rural or urban) in reducing the likelihood and
14 consequences of disruptive events.
15 (6) SMALL UTILITIES SET ASIDE.—A State or
16 Indian Tribe receiving a grant under the program
17 shall ensure that, of the amounts made available to
18 eligible entities from funds made available to the
19 State or Indian Tribe under the program, the per-
20 centage made available to eligible entities that sell
21 not more than 4,000,000 megawatt hours of elec-
22 tricity per year is not less than the percentage of all
23 customers in the State or Indian Tribe that are
pamtmann on DSKBC07HB2PROD with BILLS
24 served by those eligible entities.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
15
1 (7) TECHNICAL ASSISTANCE AND ADMINISTRA-
2 TIVE EXPENSES.—Of the amounts made available to
3 a State or Indian Tribe under the program each fis-
4 cal year, the State or Indian Tribe may use not
5 more than 5 percent for—
6 (A) providing technical assistance under
7 subsection (g)(1)(A); and
8 (B) administrative expenses associated
9 with the program.
10 (8) MATCHING REQUIREMENT.—Each State
11 and Indian Tribe shall be required to match 15 per-
12 cent of the amount of each grant provided to the
13 State or Indian Tribe under the program.
14 (e) USE OF GRANTS.—
15 (1) IN GENERAL.—A grant awarded to an eligi-
16 ble entity under the program may be used for activi-
17 ties, technologies, equipment, and hardening meas-
18 ures to reduce the likelihood and consequences of
19 disruptive events, including—
20 (A) weatherization technologies and equip-
21 ment;
22 (B) fire-resistant technologies and fire pre-
23 vention systems;
pamtmann on DSKBC07HB2PROD with BILLS
24 (C) monitoring and control technologies;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
16
1 (D) the undergrounding of electrical equip-
2 ment;
3 (E) utility pole management;
4 (F) the relocation of power lines or the
5 reconductoring of power lines with low-sag, ad-
6 vanced conductors;
7 (G) vegetation and fuel-load management;
8 (H) the use or construction of distributed
9 energy resources for enhancing system adaptive
10 capacity during disruptive events, including—
11 (i) microgrids; and
12 (ii) battery-storage subcomponents;
13 (I) adaptive protection technologies;
14 (J) advanced modeling technologies;
15 (K) hardening of power lines, facilities,
16 substations, of other systems; and
17 (L) the replacement of old overhead con-
18 ductors and underground cables.
19 (2) PROHIBITIONS AND LIMITATIONS.—
20 (A) IN GENERAL.—A grant awarded to an
21 eligible entity under the program may not be
22 used for—
23 (i) construction of a new—
pamtmann on DSKBC07HB2PROD with BILLS
24 (I) electric generating facility; or
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
17
1 (II) large-scale battery-storage
2 facility that is not used for enhancing
3 system adaptive capacity during dis-
4 ruptive events; or
5 (ii) cybersecurity.
6 (B) CERTAIN INVESTMENTS ELIGIBLE FOR
7 RECOVERY.—
8 (i) IN GENERAL.—An eligible entity
9 may not seek cost recovery for the portion
10 of the cost of any system, technology, or
11 equipment that is funded through a grant
12 awarded under the program.
13 (ii) SAVINGS PROVISION.—Nothing in
14 this subparagraph prohibits an eligible en-
15 tity from recovering through traditional or
16 incentive-based ratemaking any portion of
17 an investment in a system, technology, or
18 equipment that is not funded by a grant
19 awarded under the program.
20 (C) APPLICATION LIMITATIONS.—An eligi-
21 ble entity may not submit an application for a
22 grant provided by the Secretary under sub-
23 section (c) and a grant provided by a State or
pamtmann on DSKBC07HB2PROD with BILLS
24 Indian Tribe pursuant to subsection (d) during
25 the same application cycle.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
18
1 (f) DISTRIBUTION OF FUNDING.—Of the amounts
2 made available to carry out the program for a fiscal year,
3 the Secretary shall ensure that—
4 (1) 50 percent is used to award grants to eligi-
5 ble entities under subsection (c); and
6 (2) 50 percent is used to make grants to States
7 and Indian Tribes under subsection (d).
8 (g) TECHNICAL AND OTHER ASSISTANCE.—
9 (1) IN GENERAL.—The Secretary, States, and
10 Indian Tribes may—
11 (A) provide technical assistance and facili-
12 tate the distribution and sharing of information
13 to reduce the likelihood and consequences of
14 disruptive events; and
15 (B) promulgate consumer-facing informa-
16 tion and resources to inform the public of best
17 practices and resources relating to reducing the
18 likelihood and consequences of disruptive
19 events.
20 (2) USE OF FUNDS BY THE SECRETARY.—Of
21 the amounts made available to the Secretary to
22 carry out the program each fiscal year, the Secretary
23 may use not more than 5 percent for—
pamtmann on DSKBC07HB2PROD with BILLS
24 (A) providing technical assistance under
25 paragraph (1)(A); and
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
19
1 (B) administrative expenses associated
2 with the program.
3 (h) MATCHING REQUIREMENT.—
4 (1) IN GENERAL.—Except as provided in para-
5 graph (2), an eligible entity that receives a grant
6 under this section shall be required to match 100
7 percent of the amount of the grant.
8 (2) EXCEPTION FOR SMALL UTILITIES.—An eli-
9 gible entity that sells not more than 4,000,000
10 megawatt hours of electricity per year shall be re-
11 quired to match 1⁄3 of the amount of the grant.
12 (i) BIENNIAL REPORT TO CONGRESS.—
13 (1) IN GENERAL.—Not later than 2 years after
14 the date of enactment of this Act, and every 2 years
15 thereafter through 2026, the Secretary shall submit
16 to the Committee on Energy and Natural Resources
17 of the Senate and the Committee on Energy and
18 Commerce of the House of Representatives a report
19 describing the program.
20 (2) REQUIREMENTS.—The report under para-
21 graph (1) shall include information and data on—
22 (A) the costs of the projects for which
23 grants are awarded to eligible entities;
pamtmann on DSKBC07HB2PROD with BILLS
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
20
1 (B) the types of activities, technologies,
2 equipment, and hardening measures funded by
3 those grants; and
4 (C) the extent to which the ability of the
5 power grid to withstand disruptive events has
6 increased.
7 (j) AUTHORIZATION OF APPROPRIATIONS.—There is
8 authorized to be appropriated to the Secretary to carry
9 out the program $5,000,000,000 for the period of fiscal
10 years 2022 through 2026.
11 SEC. 1002. HAZARD MITIGATION USING DISASTER ASSIST-
12 ANCE.
13 Section 404(f)(12) of the Robert T. Stafford Disaster
14 Relief and Emergency Assistance Act (42 U.S.C.
15 5170c(f)(12)) is amended—
16 (1) by inserting ‘‘and wildfire’’ after ‘‘wind-
17 storm’’;
18 (2) by striking ‘‘including replacing’’ and in-
19 serting the following: ‘‘including—
20 ‘‘(A) replacing’’;
21 (3) in subparagraph (A) (as so designated)—
22 (A) by inserting ‘‘, wildfire,’’ after ‘‘ex-
23 treme wind’’; and
pamtmann on DSKBC07HB2PROD with BILLS
24 (B) by adding ‘‘and’’ after the semicolon
25 at the end; and
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
21
1 (4) by adding at the end the following:
2 ‘‘(B) the installation of fire-resistant wires
3 and infrastructure and the undergrounding of
4 wires;’’.
5 SEC. 1003. ELECTRIC GRID RELIABILITY AND RESILIENCE
6 RESEARCH, DEVELOPMENT, AND DEM-
7 ONSTRATION.
8 (a) DEFINITION OF FEDERAL FINANCIAL ASSIST-
9 ANCE.—In this section, the term ‘‘Federal financial assist-
10 ance’’ has the meaning given the term in section 200.1
11 of title 2, Code of Federal Regulations.
12 (b) ENERGY INFRASTRUCTURE FEDERAL FINANCIAL
13 ASSISTANCE PROGRAM.—
14 (1) DEFINITIONS.—In this subsection:
15 (A) ELIGIBLE ENTITY.—The term ‘‘eligible
16 entity’’ means each of—
17 (i) a State;
18 (ii) a combination of 2 or more
19 States;
20 (iii) an Indian Tribe;
21 (iv) a unit of local government; and
22 (v) a public utility commission.
23 (B) PROGRAM.—The term ‘‘program’’
pamtmann on DSKBC07HB2PROD with BILLS
24 means the competitive Federal financial assist-
25 ance program established under paragraph (2).
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
22
1 (2) ESTABLISHMENT.—Not later than 180 days
2 after the date of enactment of this Act, the Sec-
3 retary shall establish a program, to be known as the
4 ‘‘Program Upgrading Our Electric Grid and Ensur-
5 ing Reliability and Resiliency’’, to provide, on a com-
6 petitive basis, Federal financial assistance to eligible
7 entities to carry out the purpose described in para-
8 graph (3).
9 (3) PURPOSE.—The purpose of the program is
10 to coordinate and collaborate with electric sector
11 owners and operators—
12 (A) to demonstrate innovative approaches
13 to transmission, storage, and distribution infra-
14 structure to harden and enhance resilience and
15 reliability; and
16 (B) to demonstrate new approaches to en-
17 hance regional grid resilience, implemented
18 through States by public and rural electric co-
19 operative entities on a cost-shared basis.
20 (4) APPLICATIONS.—To be eligible to receive
21 Federal financial assistance under the program, an
22 eligible entity shall submit to the Secretary an appli-
23 cation at such time, in such manner, and containing
pamtmann on DSKBC07HB2PROD with BILLS
24 such information as the Secretary may require, in-
25 cluding a description of—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
23
1 (A) how the Federal financial assistance
2 would be used;
3 (B) the expected beneficiaries, and
4 (C) in the case of a proposal from an eligi-
5 ble entity described in paragraph (1)(A)(ii),
6 how the proposal would improve regional energy
7 infrastructure.
8 (5) SELECTION.—The Secretary shall select eli-
9 gible entities to receive Federal financial assistance
10 under the program on a competitive basis.
11 (6) COST SHARE.—Section 988 of the Energy
12 Policy Act of 2005 (42 U.S.C. 16352) shall apply to
13 Federal financial assistance provided under the pro-
14 gram.
15 (7) AUTHORIZATION OF APPROPRIATIONS.—
16 There is authorized to be appropriated to the Sec-
17 retary to carry out this subsection, $5,000,000,000
18 for the period of fiscal years 2022 through 2026.
19 (c) ENERGY IMPROVEMENT IN RURAL OR REMOTE
20 AREAS.—
21 (1) DEFINITION OF RURAL OR REMOTE
22 AREA.—In this subsection, the term ‘‘rural or re-
23 mote area’’ means a city, town, or unincorporated
pamtmann on DSKBC07HB2PROD with BILLS
24 area that has a population of not more than 10,000
25 inhabitants.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
24
1 (2) REQUIRED ACTIVITIES.—The Secretary
2 shall carry out activities to improve in rural or re-
3 mote areas of the United States—
4 (A) the resilience, safety, reliability, and
5 availability of energy; and
6 (B) environmental protection from adverse
7 impacts of energy generation.
8 (3) FEDERAL FINANCIAL ASSISTANCE.—The
9 Secretary, in consultation with the Secretary of the
10 Interior, may provide Federal financial assistance to
11 rural or remote areas for the purpose of—
12 (A) overall cost-effectiveness of energy gen-
13 eration, transmission, or distribution systems;
14 (B) siting or upgrading transmission and
15 distribution lines;
16 (C) reducing greenhouse gas emissions
17 from energy generation by rural or remote
18 areas;
19 (D) providing or modernizing electric gen-
20 eration facilities;
21 (E) developing microgrids; and
22 (F) increasing energy efficiency.
23 (4) AUTHORIZATION OF APPROPRIATIONS.—
pamtmann on DSKBC07HB2PROD with BILLS
24 There is authorized to be appropriated to the Sec-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
25
1 retary to carry out this subsection, $1,000,000,000
2 for the period of fiscal years 2022 through 2026.
3 (d) ENERGY INFRASTRUCTURE RESILIENCE FRAME-
4 WORK.—
5 (1) IN GENERAL.—The Secretary, in collabora-
6 tion with the Secretary of Homeland Security, the
7 Federal Energy Regulatory Commission, the North
8 American Electric Reliability Corporation, and inter-
9 ested energy infrastructure stakeholders, shall de-
10 velop common analytical frameworks, tools, metrics,
11 and data to assess the resilience, reliability, safety,
12 and security of energy infrastructure in the United
13 States, including by developing and storing an inven-
14 tory of easily transported high-voltage recovery
15 transformers and other required equipment.
16 (2) ASSESSMENT AND REPORT.—
17 (A) ASSESSMENT.—The Secretary shall
18 carry out an assessment of—
19 (i) with respect to the inventory of
20 high-voltage recovery transformers, new
21 transformers, and other equipment pro-
22 posed to be developed and stored under
23 paragraph (1)—
pamtmann on DSKBC07HB2PROD with BILLS
24 (I) the policies, technical speci-
25 fications, and logistical and program
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
26
1 structures necessary to mitigate the
2 risks associated with the loss of high-
3 voltage recovery transformers;
4 (II) the technical specifications
5 for high-voltage recovery trans-
6 formers;
7 (III) where inventory of high-
8 voltage recovery transformers should
9 be stored;
10 (IV) the quantity of high-voltage
11 recovery transformers necessary for
12 the inventory;
13 (V) how the stored inventory of
14 high-voltage recovery transformers
15 would be secured and maintained;
16 (VI) how the high-voltage recov-
17 ery transformers may be transported;
18 (VII) opportunities for developing
19 new flexible advanced transformer de-
20 signs; and
21 (VIII) whether new Federal regu-
22 lations or cost-sharing requirements
23 are necessary to carry out the storage
pamtmann on DSKBC07HB2PROD with BILLS
24 of high-voltage recovery transformers;
25 and
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
27
1 (ii) any efforts carried out by industry
2 as of the date of the assessment—
3 (I) to share transformers and
4 equipment;
5 (II) to develop plans for next
6 generation transformers; and
7 (III) to plan for surge and long-
8 term manufacturing of, and long-term
9 standardization of, transformer de-
10 signs.
11 (B) PROTECTION OF INFORMATION.—In-
12 formation that is provided to, generated by, or
13 collected by the Secretary under subparagraph
14 (A) shall be considered to be critical electric in-
15 frastructure information under section 215A of
16 the Federal Power Act (16 U.S.C. 824o–1).
17 (C) REPORT.—Not later than 180 days
18 after the date of enactment of this Act, the Sec-
19 retary shall submit to Congress a report de-
20 scribing the results of the assessment carried
21 out under subparagraph (A).
22 SEC. 1004. UTILITY DEMAND RESPONSE.
23 (a) CONSIDERATION OF DEMAND-RESPONSE STAND-
pamtmann on DSKBC07HB2PROD with BILLS
24 ARD.—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
28
1 (1) IN GENERAL.—Section 111(d) of the Public
2 Utility Regulatory Policies Act of 1978 (16 U.S.C.
3 2621(d)) is amended by adding at the end the fol-
4 lowing:
5 ‘‘(20) DEMAND-RESPONSE PRACTICES.—
6 ‘‘(A) IN GENERAL.—Each electric utility
7 shall promote the use of demand-response and
8 demand flexibility practices by commercial, resi-
9 dential, and industrial consumers to reduce
10 electricity consumption during periods of un-
11 usually high demand.
12 ‘‘(B) RATE RECOVERY.—
13 ‘‘(i) IN GENERAL.—Each State regu-
14 latory authority shall consider establishing
15 rate mechanisms allowing an electric utility
16 with respect to which the State regulatory
17 authority has ratemaking authority to
18 timely recover the costs of promoting de-
19 mand-response and demand flexibility
20 practices in accordance with subparagraph
21 (A).
22 ‘‘(ii) NONREGULATED ELECTRIC UTIL-
23 ITIES.—A nonregulated electric utility may
pamtmann on DSKBC07HB2PROD with BILLS
24 establish rate mechanisms for the timely
25 recovery of the costs of promoting demand-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
29
1 response and demand flexibility practices
2 in accordance with subparagraph (A).’’.
3 (2) COMPLIANCE.—
4 (A) TIME LIMITATIONS.—Section 112(b)
5 of the Public Utility Regulatory Policies Act of
6 1978 (16 U.S.C. 2622(b)) is amended by add-
7 ing at the end the following:
8 ‘‘(7)(A) Not later than 1 year after the date of
9 enactment of this paragraph, each State regulatory
10 authority (with respect to each electric utility for
11 which the State has ratemaking authority) and each
12 nonregulated electric utility shall commence consid-
13 eration under section 111, or set a hearing date for
14 consideration, with respect to the standard estab-
15 lished by paragraph (20) of section 111(d).
16 ‘‘(B) Not later than 2 years after the date of
17 enactment of this paragraph, each State regulatory
18 authority (with respect to each electric utility for
19 which the State has ratemaking authority), and each
20 nonregulated electric utility shall complete the con-
21 sideration and make the determination under section
22 111 with respect to the standard established by
23 paragraph (20) of section 111(d).’’.
pamtmann on DSKBC07HB2PROD with BILLS
24 (B) FAILURE TO COMPLY.—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
30
1 (i) IN GENERAL.—Section 112(c) of
2 the Public Utility Regulatory Policies Act
3 of 1978 (16 U.S.C. 2622(c)) is amended—
4 (I) by striking ‘‘such paragraph
5 (14)’’ and all that follows through
6 ‘‘paragraphs (16)’’ and inserting
7 ‘‘such paragraph (14). In the case of
8 the standard established by paragraph
9 (15) of section 111(d), the reference
10 contained in this subsection to the
11 date of enactment of this Act shall be
12 deemed to be a reference to the date
13 of enactment of that paragraph (15).
14 In the case of the standards estab-
15 lished by paragraphs (16)’’; and
16 (II) by adding at the end the fol-
17 lowing: ‘‘In the case of the standard
18 established by paragraph (20) of sec-
19 tion 111(d), the reference contained in
20 this subsection to the date of enact-
21 ment of this Act shall be deemed to be
22 a reference to the date of enactment
23 of that paragraph (20).’’.
pamtmann on DSKBC07HB2PROD with BILLS
24 (ii) TECHNICAL CORRECTION.—Para-
25 graph (2) of section 1254(b) of the Energy
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
31
1 Policy Act of 2005 (Public Law 109–58;
2 119 Stat. 971) is repealed and the amend-
3 ment made by that paragraph (as in effect
4 on the day before the date of enactment of
5 this Act) is void, and section 112(d) of the
6 Public Utility Regulatory Policies Act of
7 1978 (16 U.S.C. 2622(d)) shall be in ef-
8 fect as if that amendment had not been en-
9 acted.
10 (C) PRIOR STATE ACTIONS.—
11 (i) IN GENERAL.—Section 112 of the
12 Public Utility Regulatory Policies Act of
13 1978 (16 U.S.C. 2622) is amended by add-
14 ing at the end the following:
15 ‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) and
16 (c) shall not apply to the standard established by para-
17 graph (20) of section 111(d) in the case of any electric
18 utility in a State if, before the date of enactment of this
19 subsection—
20 ‘‘(1) the State has implemented for the electric
21 utility the standard (or a comparable standard);
22 ‘‘(2) the State regulatory authority for the
23 State or the relevant nonregulated electric utility has
pamtmann on DSKBC07HB2PROD with BILLS
24 conducted a proceeding to consider implementation
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
32
1 of the standard (or a comparable standard) for the
2 electric utility; or
3 ‘‘(3) the State legislature has voted on the im-
4 plementation of the standard (or a comparable
5 standard) for the electric utility.’’.
6 (ii) CROSS-REFERENCE.—Section 124
7 of the Public Utility Regulatory Policies
8 Act of 1978 (16 U.S.C. 2634) is amend-
9 ed—
10 (I) by striking ‘‘this subsection’’
11 each place it appears and inserting
12 ‘‘this section’’; and
13 (II) by adding at the end the fol-
14 lowing: ‘‘In the case of the standard
15 established by paragraph (20) of sec-
16 tion 111(d), the reference contained in
17 this section to the date of enactment
18 of this Act shall be deemed to be a
19 reference to the date of enactment of
20 that paragraph (20).’’.
21 (b) OPTIONAL FEATURES OF STATE ENERGY CON-
22 SERVATION PLANS.—Section 362(d) of the Energy Policy
23 and Conservation Act (42 U.S.C. 6322(d)) is amended—
pamtmann on DSKBC07HB2PROD with BILLS
24 (1) in paragraph (16), by striking ‘‘and’’ at the
25 end;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
33
1 (2) by redesignating paragraph (17) as para-
2 graph (18); and
3 (3) by inserting after paragraph (16) the fol-
4 lowing:
5 ‘‘(17) programs that promote the installation
6 and use of demand-response technology and de-
7 mand-response practices; and’’.
8 (c) FEDERAL ENERGY MANAGEMENT PROGRAM.—
9 Section 543(i) of the National Energy Conservation Policy
10 Act (42 U.S.C. 8253(i)) is amended—
11 (1) in paragraph (1)—
12 (A) in subparagraph (A), by striking
13 ‘‘and’’ at the end;
14 (B) in subparagraph (B), by striking the
15 period at the end and inserting ‘‘; and’’; and
16 (C) by adding at the end the following:
17 ‘‘(C) to reduce energy consumption during
18 periods of unusually high electricity or natural
19 gas demand.’’; and
20 (2) in paragraph (3)(A)—
21 (A) in clause (v), by striking ‘‘and’’ at the
22 end;
23 (B) in clause (vi), by striking the period at
pamtmann on DSKBC07HB2PROD with BILLS
24 the end and inserting ‘‘; and’’; and
25 (C) by adding at the end the following:
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
34
1 ‘‘(vii) promote the installation of de-
2 mand-response technology and the use of
3 demand-response practices in Federal
4 buildings.’’.
5 (d) COMPONENTS OF ZERO-NET-ENERGY COMMER-
6 CIAL BUILDINGS INITIATIVE.—Section 422(d)(3) of the
7 Energy Independence and Security Act of 2007 (42
8 U.S.C. 17082(d)) is amended by inserting ‘‘(including de-
9 mand-response technologies, practices, and policies)’’ after
10 ‘‘policies’’.
11 SEC. 1005. SITING OF INTERSTATE ELECTRIC TRANS-
12 MISSION FACILITIES.
13 (a) DESIGNATION OF NATIONAL INTEREST ELEC-
14 TRIC TRANSMISSION CORRIDORS.—Section 216(a) of the
15 Federal Power Act (16 U.S.C. 824p(a)) is amended—
16 (1) in paragraph (1)—
17 (A) by inserting ‘‘and Indian Tribes’’ after
18 ‘‘affected States’’; and
19 (B) by inserting ‘‘capacity constraints
20 and’’ before ‘‘congestion’’;
21 (2) in paragraph (2)—
22 (A) by striking ‘‘After’’ and inserting ‘‘Not
23 less frequently than once every 3 years, the Sec-
pamtmann on DSKBC07HB2PROD with BILLS
24 retary, after’’; and
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
35
1 (B) by striking ‘‘affected States’’ and all
2 that follows through the period at the end and
3 inserting the following: ‘‘affected States and In-
4 dian Tribes), shall issue a report, based on the
5 study under paragraph (1) or other information
6 relating to electric transmission capacity con-
7 straints and congestion, which may designate as
8 a national interest electric transmission corridor
9 any geographic area that—
10 ‘‘(i) is experiencing electric energy
11 transmission capacity constraints or con-
12 gestion that adversely affects consumers;
13 or
14 ‘‘(ii) is expected to experience such
15 energy transmission capacity constraints or
16 congestion.’’;
17 (3) in paragraph (3)—
18 (A) by striking ‘‘The Secretary shall con-
19 duct the study and issue the report in consulta-
20 tion’’ and inserting ‘‘Not less frequently than
21 once every 3 years, the Secretary, in conducting
22 the study under paragraph (1) and issuing the
23 report under paragraph (2), shall consult’’; and
pamtmann on DSKBC07HB2PROD with BILLS
24 (4) in paragraph (4)—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
36
1 (A) in subparagraph (C), by inserting ‘‘or
2 energy security’’ after ‘‘independence’’;
3 (B) in subparagraph (D), by striking
4 ‘‘and’’ at the end;
5 (C) in subparagraph (E), by striking the
6 period at the end and inserting a semicolon;
7 and
8 (D) by adding at the end the following:
9 ‘‘(F) the designation would enhance the ability
10 of facilities that generate or transmit firm or inter-
11 mittent energy to connect to the electric grid;
12 ‘‘(G) the designation—
13 ‘‘(i) maximizes existing rights-of-way; and
14 ‘‘(ii) avoids and minimizes, to the max-
15 imum extent practicable, and offsets to the ex-
16 tent appropriate and practicable, sensitive envi-
17 ronmental areas and cultural heritage sites; and
18 ‘‘(H) the designation would result in a reduc-
19 tion in the cost to purchase electric energy for con-
20 sumers.’’.
21 (b) CONSTRUCTION PERMIT.—Section 216(b) of the
22 Federal Power Act (16 U.S.C. 824p(b)) is amended—
23 (1) in paragraph (1)—
pamtmann on DSKBC07HB2PROD with BILLS
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
37
1 (A) in subparagraph (A)(ii), by inserting
2 ‘‘or interregional benefits’’ after ‘‘interstate
3 benefits’’; and
4 (B) by striking subparagraph (C) and in-
5 serting the following:
6 ‘‘(C) a State commission or other entity that
7 has authority to approve the siting of the facilities—
8 ‘‘(i) has not made a determination on an
9 application seeking approval pursuant to appli-
10 cable law by the date that is 1 year after the
11 later of—
12 ‘‘(I) the date on which the application
13 was filed; and
14 ‘‘(II) the date on which the relevant
15 national interest electric transmission cor-
16 ridor was designated by the Secretary
17 under subsection (a);
18 ‘‘(ii) has conditioned its approval in such a
19 manner that the proposed construction or modi-
20 fication will not significantly reduce trans-
21 mission capacity constraints or congestion in
22 interstate commerce or is not economically fea-
23 sible; or
pamtmann on DSKBC07HB2PROD with BILLS
24 ‘‘(iii) has denied an application seeking ap-
25 proval pursuant to applicable law;’’.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
38
1 (c) RIGHTS-OF-WAY.—Section 216(e)(1) of the Fed-
2 eral Power Act (16 U.S.C. 824p(e)(1)) is amended by
3 striking ‘‘modify the transmission facilities, the’’ and in-
4 serting ‘‘modify, and operate and maintain, the trans-
5 mission facilities and, in the determination of the Commis-
6 sion, the permit holder has made good faith efforts to en-
7 gage with landowners and other stakeholders early in the
8 applicable permitting process, the’’.
9 (d) INTERSTATE COMPACTS.—Section 216(i) of the
10 Federal Power Act (16 U.S.C. 824p(i)) is amended—
11 (1) in paragraph (2), by striking ‘‘may’’ and in-
12 serting ‘‘shall’’; and
13 (2) in paragraph (4), by striking ‘‘the mem-
14 bers’’ and all that follows through the period at the
15 end and inserting the following: ‘‘the Secretary de-
16 termines that the members of the compact are in
17 disagreement after the later of—
18 ‘‘(A) the date that is 1 year after the date
19 on which the relevant application for the facility
20 was filed; and
21 ‘‘(B) the date that is 1 year after the date
22 on which the relevant national interest electric
23 transmission corridor was designated by the
pamtmann on DSKBC07HB2PROD with BILLS
24 Secretary under subsection (a).’’.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
39
1 SEC. 1006. RULEMAKING TO INCREASE THE EFFECTIVE-
2 NESS OF INTERREGIONAL TRANSMISSION
3 PLANNING.
4 (a) IN GENERAL.—Not later than 180 days after the
5 date of enactment of this Act, the Federal Energy Regu-
6 latory Commission shall initiate a rulemaking address-
7 ing—
8 (1) the effectiveness of existing planning proc-
9 esses for identifying interregional transmission
10 projects that provide economic, reliability and oper-
11 ational benefits, taking into consideration the public
12 interest, the integrity of markets, and the protection
13 of consumers;
14 (2) changes to the processes described in para-
15 graph (1) to ensure that efficient, cost-effective, and
16 broadly beneficial interregional transmission solu-
17 tions are selected for cost allocation, taking into con-
18 sideration—
19 (A) the public interest;
20 (B) the protection of consumers;
21 (C) the broad range of economic, reli-
22 ability, and operational benefits that inter-
23 regional transmission provides;
24 (D) the needs of load-serving entities to
pamtmann on DSKBC07HB2PROD with BILLS
25 satisfy their native load service obligations;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
40
1 (E) the need for single projects to secure
2 approvals based on a comprehensive assessment
3 of the multiple benefits provided;
4 (F) the importance of synchronization of
5 planning processes in neighboring regions, such
6 as using a joint model on a consistent timeline
7 with a single set of needs, input assumptions,
8 and benefit metrics;
9 (G) that evaluation of long-term scenarios
10 should consider the expected life of a trans-
11 mission asset and the potential for future
12 changes in the topology of the transmission sys-
13 tem;
14 (H) that transmission planning authorities
15 should allow for the identification and joint
16 evaluation of alternatives; and
17 (I) that interregional planning should be
18 done regularly and not less frequently than
19 once every 5 years; and
20 (3) cost allocation methodologies that reflect
21 the multiple benefits provided by interregional trans-
22 mission solutions, including economic, reliability, and
23 operational benefits.
pamtmann on DSKBC07HB2PROD with BILLS
24 (b) TIMING.—Not later than 18 months after the
25 date of enactment of this Act, the Federal Energy Regu-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
41
1 latory Commission shall promulgate a final rule to com-
2 plete the rulemaking initiated under subsection (a).
3 (c) SAVINGS PROVISION.—Nothing in this section
4 modifies the obligations of the Commission under section
5 217(b)(4) of the Federal Power Act (16 U.S.C.
6 824q(b)(4)).
7 SEC. 1007. TRANSMISSION FACILITATION PROGRAM.
8 (a) DEFINITIONS.—In this section:
9 (1) CAPACITY CONTRACT.—The term ‘‘capacity
10 contract’’ means a contract entered into by the Sec-
11 retary and an eligible entity under subsection
12 (e)(1)(A) for the right to the use of the transmission
13 capacity of an eligible project.
14 (2) ELIGIBLE ELECTRIC POWER TRANSMISSION
15 LINE.—The term ‘‘eligible electric power trans-
16 mission line’’ means an electric power transmission
17 line that is capable of transmitting not less than—
18 (A) 1,000 megawatts; or
19 (B) in the case of a project that consists
20 of upgrading an existing transmission line or
21 constructing a new transmission line in an ex-
22 isting transmission, transportation, or tele-
23 communications infrastructure corridor, 500
pamtmann on DSKBC07HB2PROD with BILLS
24 megawatts.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
42
1 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
2 ty’’ means a non-Federal entity seeking to carry out
3 an eligible project.
4 (4) ELIGIBLE PROJECT.—The term ‘‘eligible
5 project’’ means a project (including any related facil-
6 ity)—
7 (A) to construct a new or replace an exist-
8 ing eligible electric power transmission line;
9 (B) to increase the transmission capacity
10 of an existing eligible electric power trans-
11 mission line; or
12 (C) to connect an isolated microgrid to an
13 existing transmission, transportation, or tele-
14 communications infrastructure corridor located
15 in Alaska, Hawaii, or a territory of the United
16 States.
17 (5) FUND.—The term ‘‘Fund’’ means the
18 Transmission Facilitation Fund established by sub-
19 section (d)(1).
20 (6) PROGRAM.—The term ‘‘program’’ means
21 the Transmission Facilitation Program established
22 by subsection (b).
23 (7) RELATED FACILITY.—
pamtmann on DSKBC07HB2PROD with BILLS
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
43
1 (A) IN GENERAL.—The term ‘‘related fa-
2 cility’’ means a facility related to an eligible
3 project described in paragraph (4).
4 (B) EXCLUSIONS.—The term ‘‘related fa-
5 cility’’ does not include—
6 (i) facilities used primarily to generate
7 electric energy; or
8 (ii) facilities used in the local distribu-
9 tion of electric energy.
10 (b) ESTABLISHMENT.—There is established a pro-
11 gram, to be known as the ‘‘Transmission Facilitation Pro-
12 gram’’, under which the Secretary shall facilitate the con-
13 struction of non-Federal electric power transmission lines
14 and related facilities in accordance with subsection (e).
15 (c) APPLICATIONS.—
16 (1) IN GENERAL.—To be eligible for assistance
17 under this section, an eligible entity shall submit to
18 the Secretary an application at such time, in such
19 manner, and containing such information as the Sec-
20 retary may require.
21 (2) PROCEDURES.—The Secretary shall estab-
22 lish procedures for the solicitation and review of ap-
23 plications from eligible entities.
pamtmann on DSKBC07HB2PROD with BILLS
24 (d) FUNDING.—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
44
1 (1) TRANSMISSION FACILITATION FUND.—
2 There is established in the Treasury a fund, to be
3 known as the ‘‘Transmission Facilitation Fund’’,
4 consisting of—
5 (A) all amounts received by the Secretary,
6 including receipts, collections, and recoveries,
7 from any source relating to expenses incurred
8 by the Secretary in carrying out the program,
9 including—
10 (i) costs recovered pursuant to para-
11 graph (4);
12 (ii) amounts received as repayment of
13 a loan issued to an eligible entity under
14 subsection (e)(1)(B); and
15 (iii) amounts contributed by eligible
16 entities for the purpose of carrying out an
17 eligible project with respect to which the
18 Secretary is participating with the eligible
19 entity under subsection (e)(1)(C);
20 (B) all amounts borrowed from the Sec-
21 retary of the Treasury by the Secretary for the
22 program under paragraph (2); and
23 (C) any amounts appropriated to the Sec-
pamtmann on DSKBC07HB2PROD with BILLS
24 retary for the program.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
45
1 (2) BORROWING AUTHORITY.—The Secretary of
2 the Treasury may, without further appropriation
3 and without fiscal year limitation, loan to the Sec-
4 retary on such terms as may be fixed by the Sec-
5 retary and the Secretary of the Treasury, such sums
6 as, in the judgment of the Secretary, are from time
7 to time required for the purpose of carrying out the
8 program, not to exceed, in the aggregate (including
9 deferred interest), $2,500,000,000 in outstanding
10 repayable balances at any 1 time.
11 (3) AUTHORIZATION OF APPROPRIATIONS.—
12 There is authorized to be appropriated to the Sec-
13 retary to carry out the program, including for any
14 administrative expenses of carrying out the program
15 that are not recovered under paragraph (4),
16 $10,000,000 for each of fiscal years 2022 through
17 2026.
18 (4) COST RECOVERY.—
19 (A) IN GENERAL.—Except as provided in
20 subparagraph (B), the cost of any facilitation
21 activities carried out by the Secretary under
22 subsection (e)(1) shall be collected—
23 (i) from eligible entities receiving the
pamtmann on DSKBC07HB2PROD with BILLS
24 benefit of the applicable facilitation activ-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
46
1 ity, on a schedule to be determined by the
2 Secretary; or
3 (ii) with respect to a contracted trans-
4 mission capacity under subsection
5 (e)(1)(A) through rates charged for the
6 use of the contracted transmission capac-
7 ity.
8 (B) FORGIVENESS OF BALANCES.—
9 (i) TERMINATION OR END OF USEFUL
10 LIFE.—If, at the end of the useful life of
11 an eligible project or the termination of a
12 capacity contract under subsection (f)(5),
13 there is a remaining balance owed to the
14 Treasury under this section, the balance
15 shall be forgiven.
16 (ii) UNCONSTRUCTED PROJECTS.—
17 Funds expended to study projects that are
18 considered pursuant to this section but
19 that are not constructed shall be forgiven.
20 (C) RECOVERY OF COSTS OF ELIGIBLE
21 PROJECTS.—The Secretary may collect the
22 costs of any activities carried out by the Sec-
23 retary with respect to an eligible project in
pamtmann on DSKBC07HB2PROD with BILLS
24 which the Secretary participates with an eligible
25 entity under subsection (e)(1)(C) through rates
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
47
1 charged to customers benefitting from the new
2 transmission capability provided by the eligible
3 project.
4 (e) FACILITATION OF ELIGIBLE PROJECTS.—
5 (1) IN GENERAL.—To facilitate eligible
6 projects, the Secretary may—
7 (A) subject to subsections (f) and (i), enter
8 into a capacity contract with respect to an eligi-
9 ble project prior to the date on which the eligi-
10 ble project is completed;
11 (B) subject to subsections (g) and (i), issue
12 a loan to an eligible entity for the costs of car-
13 rying out an eligible project; or
14 (C) subject to subsections (h) and (i), par-
15 ticipate with an eligible entity in designing, de-
16 veloping, constructing, operating, maintaining,
17 or owning an eligible project.
18 (2) REQUIREMENT.—The provision and receipt
19 of assistance for an eligible project under paragraph
20 (1) shall be subject to such terms and conditions as
21 the Secretary determines to be appropriate—
22 (A) to ensure the success of the program;
23 and
pamtmann on DSKBC07HB2PROD with BILLS
24 (B) to protect the interests of the United
25 States.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
48
1 (f) CAPACITY CONTRACTS.—
2 (1) PURPOSE.—In entering into capacity con-
3 tracts under subsection (e)(1)(A), the Secretary
4 shall seek to enter into capacity contracts that will
5 encourage other entities to enter into contracts for
6 the transmission capacity of the eligible project.
7 (2) PAYMENT.—The amount paid by the Sec-
8 retary to an eligible entity under a capacity contract
9 for the right to the use of the transmission capacity
10 of an eligible project shall be—
11 (A) the fair market value for the use of the
12 transmission capacity, as determined by the
13 Secretary, taking into account, as the Secretary
14 determines to be necessary, the comparable
15 value for the use of the transmission capacity of
16 other electric power transmission lines; and
17 (B) on a schedule and in such divided
18 amounts, which may be a single amount, that
19 the Secretary determines are likely to facilitate
20 construction of the eligible project, taking into
21 account standard industry practice and factors
22 specific to each applicant, including, as applica-
23 ble—
pamtmann on DSKBC07HB2PROD with BILLS
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
49
1 (i) potential review by a State regu-
2 latory entity of the revenue requirement of
3 an electric utility; and
4 (ii) the financial model of an inde-
5 pendent transmission developer.
6 (3) LIMITATIONS.—A capacity contract shall—
7 (A) be for a term of not more than 40
8 years; and
9 (B) be for not more than 50 percent of the
10 total proposed transmission capacity of the ap-
11 plicable eligible project.
12 (4) TRANSMISSION MARKETING.—
13 (A) IN GENERAL.—If the Secretary has
14 not terminated a capacity contract under para-
15 graph (5) before the applicable eligible project
16 enters into service, the Secretary may enter into
17 1 or more contracts with a third party to mar-
18 ket the transmission capacity of the eligible
19 project to which the Secretary holds rights
20 under the capacity contract.
21 (B) RETURN.—The Secretary shall seek to
22 ensure that any contract entered into under
23 subparagraph (A) maximizes the financial re-
pamtmann on DSKBC07HB2PROD with BILLS
24 turn to the Federal Government.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
50
1 (C) COMPETITIVE SOLICITATION.—The
2 Secretary shall only select third parties for con-
3 tracts under this paragraph through a competi-
4 tive solicitation.
5 (5) TERMINATION.—
6 (A) IN GENERAL.—The Secretary shall
7 seek to terminate a capacity contract as soon as
8 practicable after determining that sufficient
9 transmission capacity of the eligible project has
10 been secured by other entities to ensure the
11 long-term financial viability of the eligible
12 project, including through 1 or more transfers
13 under subparagraph (B).
14 (B) TRANSFER.—On payment to the Sec-
15 retary by a third party for transmission capac-
16 ity to which the Secretary has rights under a
17 capacity contract, the Secretary may transfer
18 the rights to that transmission capacity to that
19 third party.
20 (C) RELINQUISHMENT.—On payment to
21 the Secretary by the applicable eligible entity
22 for transmission capacity to which the Sec-
23 retary has rights under a capacity contract, the
pamtmann on DSKBC07HB2PROD with BILLS
24 Secretary may relinquish the rights to that
25 transmission capacity to the eligible entity.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
51
1 (D) REQUIREMENT.—A payment under
2 subparagraph (B) or (C) shall be in an amount
3 sufficient for the Secretary to recover any re-
4 maining costs incurred by the Secretary with
5 respect to the quantity of transmission capacity
6 affected by the transfer under subparagraph
7 (B) or the relinquishment under subparagraph
8 (C), as applicable.
9 (6) OTHER FEDERAL CAPACITY POSITIONS.—
10 The existence of a capacity contract does not pre-
11 clude a Federal entity, including a Federal power
12 marketing administration, from otherwise securing
13 transmission capacity at any time from an eligible
14 project, to the extent that the Federal entity is au-
15 thorized to secure that transmission capacity.
16 (7) FORM OF FINANCIAL ASSISTANCE.—Enter-
17 ing into a capacity contract under subsection
18 (e)(1)(A) shall be considered a form of financial as-
19 sistance described in section 1508.1(q)(1)(vii) of title
20 40, Code of Federal Regulations (as in effect on the
21 date of enactment of this Act).
22 (g) INTEREST RATE ON LOANS.—The rate of interest
23 to be charged in connection with any loan made by the
pamtmann on DSKBC07HB2PROD with BILLS
24 Secretary to an eligible entity under subsection (e)(1)(B)
25 shall be fixed by the Secretary, taking into consideration
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
52
1 market yields on outstanding marketable obligations of the
2 United States of comparable maturities as of the date of
3 the loan.
4 (h) PUBLIC-PRIVATE PARTNERSHIPS.—The Sec-
5 retary may participate with an eligible entity with respect
6 to an eligible project under subsection (e)(1)(C) if the Sec-
7 retary determines that the eligible project—
8 (1)(A) is located in an area designated as a na-
9 tional interest electric transmission corridor pursu-
10 ant to section 216(a) of the Federal Power Act 16
11 U.S.C. 824p(a); or
12 (B) is necessary to accommodate an actual or
13 projected increase in demand for electric trans-
14 mission capacity across more than 1 State or trans-
15 mission planning region;
16 (2) is consistent with efficient and reliable oper-
17 ation of the transmission grid;
18 (3) will be operated in conformance with pru-
19 dent utility practices;
20 (4) will be operated in conformance with the
21 rules of—
22 (A) a Transmission Organization (as de-
23 fined in section 3 of the Federal Power Act (16
pamtmann on DSKBC07HB2PROD with BILLS
24 U.S.C. 796)), if applicable; or
25 (B) a regional reliability organization; and
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
53
1 (5) is not duplicative of the functions of exist-
2 ing transmission facilities that are the subject of on-
3 going siting and related permitting proceedings.
4 (i) CERTIFICATION.—Prior to taking action to facili-
5 tate an eligible project under subparagraph (A), (B), or
6 (C) of subsection (e)(1), the Secretary shall certify that—
7 (1) the eligible project is in the public interest;
8 (2) the eligible project is unlikely to be con-
9 structed in as timely a manner or with as much
10 transmission capacity in the absence of facilitation
11 under this section, including with respect to an eligi-
12 ble project for which a Federal investment tax credit
13 may be allowed; and
14 (3) it is reasonable to expect that the proceeds
15 from the eligible project will be adequate, as applica-
16 ble—
17 (A) to recover the cost of a capacity con-
18 tract entered into under subsection (e)(1)(A);
19 (B) to repay a loan provided under sub-
20 section (e)(1)(B); or
21 (C) to repay any amounts borrowed from
22 the Secretary of the Treasury under subsection
23 (d)(2).
pamtmann on DSKBC07HB2PROD with BILLS
24 (j) OTHER AUTHORITIES, LIMITATIONS, AND EF-
25 FECTS.—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
54
1 (1) PARTICIPATION.—The Secretary may per-
2 mit other entities to participate in the financing,
3 construction, and ownership of eligible projects fa-
4 cilitated under this section.
5 (2) OPERATIONS AND MAINTENANCE.—Facilita-
6 tion by the Secretary of an eligible project under
7 this section does not create any obligation on the
8 part of the Secretary to operate or maintain the eli-
9 gible project.
10 (3) FEDERAL FACILITIES.—For purposes of
11 cost recovery under subsection (d)(4) and repayment
12 of a loan issued under subsection (e)(1)(B), each eli-
13 gible project facilitated by the Secretary under this
14 section shall be treated as separate and distinct
15 from—
16 (A) each other eligible project; and
17 (B) all other Federal power and trans-
18 mission facilities.
19 (4) EFFECT ON ANCILLARY SERVICES AUTHOR-
20 ITY AND OBLIGATIONS.—Nothing in this section con-
21 fers on the Secretary or any Federal power mar-
22 keting administration any additional authority or ob-
23 ligation to provide ancillary services to users of
pamtmann on DSKBC07HB2PROD with BILLS
24 transmission facilities constructed or upgraded
25 under this section.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
55
1 (5) EFFECT ON WESTERN AREA POWER ADMIN-
2 ISTRATION PROJECTS.—Nothing in this section af-
3 fects—
4 (A) any pending project application before
5 the Western Area Power Administration under
6 section 301 of the Hoover Power Plant Act of
7 1984 (42 U.S.C. 16421a); or
8 (B) any agreement entered into by the
9 Western Power Administration under that sec-
10 tion.
11 (6) THIRD-PARTY FINANCE.—Nothing in this
12 section precludes an eligible project facilitated under
13 this section from being eligible as a project under
14 section 1222 of the Energy Policy Act of 2005 (42
15 U.S.C. 16421).
16 (7) LIMITATION ON LOANS.—An eligible project
17 may not be the subject of both—
18 (A) a loan under subsection (e)(1)(B); and
19 (B) a Federal loan under section 301 of
20 the Hoover Power Plant Act of 1984 (42
21 U.S.C. 16421a).
22 (8) CONSIDERATIONS.—In evaluating eligible
23 projects for possible facilitation under this section,
pamtmann on DSKBC07HB2PROD with BILLS
24 the Secretary shall prioritize projects that, to the
25 maximum extent practicable—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
56
1 (A) use technology that enhances the ca-
2 pacity, efficiency, resiliency, or reliability of an
3 electric power transmission system, including—
4 (i) reconductoring of an existing elec-
5 tric power transmission line with advanced
6 conductors; and
7 (ii) hardware or software that enables
8 dynamic line ratings, advanced power flow
9 control, or grid topology optimization;
10 (B) will improve the resiliency and reli-
11 ability of an electric power transmission system;
12 (C) facilitate interregional transfer capac-
13 ity that supports strong and equitable economic
14 growth; and
15 (D) contribute to national or subnational
16 goals to lower electricity sector greenhouse gas
17 emissions.
18 SEC. 1008. DEPLOYMENT OF TECHNOLOGIES TO ENHANCE
19 GRID FLEXIBILITY.
20 (a) IN GENERAL.—Section 1306 of the Energy Inde-
21 pendence and Security Act of 2007 (42 U.S.C. 17386) is
22 amended—
23 (1) in subsection (b)—
pamtmann on DSKBC07HB2PROD with BILLS
24 (A) in the matter preceding paragraph (1),
25 by striking ‘‘the date of enactment of this Act’’
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
57
1 and inserting ‘‘the date of enactment of the En-
2 ergy Infrastructure Act’’;
3 (B) by redesignating paragraph (9) as
4 paragraph (14); and
5 (C) by inserting after paragraph (8) the
6 following:
7 ‘‘(9) In the case of data analytics that enable
8 software to engage in Smart Grid functions, the doc-
9 umented purchase costs of the data analytics.
10 ‘‘(10) In the case of buildings, the documented
11 expenses for devices and software, including for in-
12 stallation, that allow buildings to engage in demand
13 flexibility or Smart Grid functions.
14 ‘‘(11) In the case of utility communications,
15 operational fiber and wireless broadband commu-
16 nications networks to enable data flow between dis-
17 tribution system components.
18 ‘‘(12) In the case of advanced transmission
19 technologies such as dynamic line rating, flow con-
20 trol devices, advanced conductors, network topology
21 optimization, or other hardware, software, and asso-
22 ciated protocols applied to existing transmission fa-
23 cilities that increase the operational transfer capac-
pamtmann on DSKBC07HB2PROD with BILLS
24 ity of a transmission network, the documented ex-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
58
1 penditures to purchase and install those advanced
2 transmission technologies.
3 ‘‘(13) In the case of extreme weather or natural
4 disasters, the ability to redirect or shut off power to
5 minimize blackouts and avoid further damage.’’; and
6 (2) in subsection (d)—
7 (A) by redesignating paragraph (9) as
8 paragraph (16); and
9 (B) by inserting after paragraph (8) the
10 following:
11 ‘‘(9) The ability to use data analytics and soft-
12 ware-as-service to provide flexibility by improving
13 the visibility of the electrical system to grid opera-
14 tors that can help quickly rebalance the electrical
15 system with autonomous controls.
16 ‘‘(10) The ability to facilitate the aggregation
17 or integration of distributed energy resources to
18 serve as assets for the grid.
19 ‘‘(11) The ability to provide energy storage to
20 meet fluctuating electricity demand, provide voltage
21 support, and integrate intermittent generation
22 sources, including vehicle-to-grid technologies.
23 ‘‘(12) The ability of hardware, software, and as-
pamtmann on DSKBC07HB2PROD with BILLS
24 sociated protocols applied to existing transmission
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
59
1 facilities to increase the operational transfer capacity
2 of a transmission network.
3 ‘‘(13) The ability to anticipate and mitigate im-
4 pacts of extreme weather or natural disasters on
5 grid resiliency.
6 ‘‘(14) The ability to facilitate the integration of
7 renewable energy resources, electric vehicle charging
8 infrastructure, and vehicle-to-grid technologies.
9 ‘‘(15) The ability to reliably meet increased de-
10 mand from electric vehicles and the electrification of
11 appliances and other sectors.’’.
12 (b) AUTHORIZATION OF APPROPRIATIONS.—There is
13 authorized to be appropriated to the Secretary to carry
14 out the Smart Grid Investment Matching Grant Program
15 established under section 1306(a) of the Energy Inde-
16 pendence and Security Act of 2007 (42 U.S.C. 17386(a))
17 $3,000,000,000 for fiscal year 2022, to remain available
18 through September 30, 2026.
19 SEC. 1009. STATE ENERGY SECURITY PLANS.
20 (a) IN GENERAL.—Part D of title III of the Energy
21 Policy and Conservation Act (42 U.S.C. 6321 et seq.) is
22 amended—
23 (1) in section 361—
pamtmann on DSKBC07HB2PROD with BILLS
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
60
1 (A) by striking the section designation and
2 heading and all that follows through ‘‘The Con-
3 gress’’ and inserting the following:
4 ‘‘SEC. 361. FINDINGS; PURPOSE; DEFINITIONS.
5 ‘‘(a) FINDINGS.—Congress’’;
6 (B) in subsection (b), by striking ‘‘(b) It
7 is’’ and inserting the following:
8 ‘‘(b) PURPOSE.—It is’’; and
9 (C) by adding at the end the following:
10 ‘‘(c) DEFINITIONS.—In this part:’’;
11 (2) in section 366—
12 (A) in paragraph (3)(B)(i), by striking
13 ‘‘approved under section 367, and’’ ; and insert-
14 ing ‘‘; and’’;
15 (B) in each of paragraphs (1) through (8),
16 by inserting a paragraph heading, the text of
17 which is comprised of the term defined in the
18 paragraph; and
19 (C) by redesignating paragraphs (6) and
20 (7) as paragraphs (7) and (6), respectively, and
21 moving the paragraphs so as to appear in nu-
22 merical order;
23 (3) by moving paragraphs (1) through (8) of
pamtmann on DSKBC07HB2PROD with BILLS
24 section 366 (as so redesignated) so as to appear
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
61
1 after subsection (c) of section 361 (as designated by
2 paragraph (1)(C)); and
3 (4) by amending section 366 to read as follows:
4 ‘‘SEC. 366. STATE ENERGY SECURITY PLANS.
5 ‘‘(a) DEFINITIONS.—In this section:
6 ‘‘(1) BULK-POWER SYSTEM.—The term ‘bulk-
7 power system’ has the meaning given the term in
8 section 215(a) of the Federal Power Act (16 U.S.C.
9 824o(a)).
10 ‘‘(2) STATE ENERGY SECURITY PLAN.—The
11 term ‘State energy security plan’ means a State en-
12 ergy security plan described in subsection (b).
13 ‘‘(b) FINANCIAL ASSISTANCE FOR STATE ENERGY
14 SECURITY PLANS.—Federal financial assistance made
15 available to a State under this part may be used for the
16 development, implementation, review, and revision of a
17 State energy security plan that—
18 ‘‘(1) assesses the existing circumstances in the
19 State; and
20 ‘‘(2) proposes methods to strengthen the ability
21 of the State, in consultation with owners and opera-
22 tors of energy infrastructure in the State—
23 ‘‘(A) to secure the energy infrastructure of
pamtmann on DSKBC07HB2PROD with BILLS
24 the State against all physical and cybersecurity
25 threats;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
62
1 ‘‘(B)(i) to mitigate the risk of energy sup-
2 ply disruptions to the State; and
3 ‘‘(ii) to enhance the response to, and recov-
4 ery from, energy disruptions; and
5 ‘‘(C) to ensure that the State has reliable,
6 secure, and resilient energy infrastructure.
7 ‘‘(c) CONTENTS OF PLAN.—A State energy security
8 plan shall—
9 ‘‘(1) address all energy sources and regulated
10 and unregulated energy providers;
11 ‘‘(2) provide a State energy profile, including
12 an assessment of energy production, transmission,
13 distribution, and end-use;
14 ‘‘(3) address potential hazards to each energy
15 sector or system, including—
16 ‘‘(A) physical threats and vulnerabilities;
17 and
18 ‘‘(B) cybersecurity threats and
19 vulnerabilities;
20 ‘‘(4) provide a risk assessment of energy infra-
21 structure and cross-sector interdependencies;
22 ‘‘(5) provide a risk mitigation approach to en-
23 hance reliability and end-use resilience; and
pamtmann on DSKBC07HB2PROD with BILLS
24 ‘‘(6)(A) address—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
63
1 ‘‘(i) multi-State and regional coordination,
2 planning, and response; and
3 ‘‘(ii) coordination with Indian Tribes with
4 respect to planning and response; and
5 ‘‘(B) to the extent practicable, encourage mu-
6 tual assistance in cyber and physical response plans.
7 ‘‘(d) COORDINATION.—In developing or revising a
8 State energy security plan, the State energy office of the
9 State shall coordinate, to the extent practicable, with—
10 ‘‘(1) the public utility or service commission of
11 the State;
12 ‘‘(2) energy providers from the private and pub-
13 lic sectors; and
14 ‘‘(3) other entities responsible for—
15 ‘‘(A) maintaining fuel or electric reliability;
16 and
17 ‘‘(B) securing energy infrastructure.
18 ‘‘(e) FINANCIAL ASSISTANCE.—A State is not eligible
19 to receive Federal financial assistance under this part for
20 any purpose for a fiscal year unless the Governor of the
21 State submits to the Secretary, with respect to that fiscal
22 year—
23 ‘‘(1) a State energy security plan that meets
pamtmann on DSKBC07HB2PROD with BILLS
24 the requirements of subsection (c); or
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
64
1 ‘‘(2) after an annual review, carried out by the
2 Governor, of a State energy security plan—
3 ‘‘(A) any necessary revisions to the State
4 energy security plan; or
5 ‘‘(B) a certification that no revisions to the
6 State energy security plan are necessary.
7 ‘‘(f) TECHNICAL ASSISTANCE.—On request of the
8 Governor of a State, the Secretary, in consultation with
9 the Secretary of Homeland Security, may provide informa-
10 tion, technical assistance, and other assistance in the de-
11 velopment, implementation, or revision of a State energy
12 security plan.
13 ‘‘(g) REQUIREMENT.—Each State receiving Federal
14 financial assistance under this part shall provide reason-
15 able assurance to the Secretary that the State has estab-
16 lished policies and procedures designed to assure that the
17 financial assistance will be used—
18 ‘‘(1) to supplement, and not to supplant, State
19 and local funds; and
20 ‘‘(2) to the maximum extent practicable, to in-
21 crease the amount of State and local funds that oth-
22 erwise would be available, in the absence of the Fed-
23 eral financial assistance, for the implementation of a
pamtmann on DSKBC07HB2PROD with BILLS
24 State energy security plan.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
65
1 ‘‘(h) PROTECTION OF INFORMATION.—Information
2 provided to, or collected by, the Federal Government pur-
3 suant to this section the disclosure of which the Secretary
4 reasonably foresees could be detrimental to the physical
5 security or cybersecurity of any electric utility or the bulk-
6 power system—
7 ‘‘(1) shall be exempt from disclosure under sec-
8 tion 552(b)(3) of title 5, United States Code; and
9 ‘‘(2) shall not be made available by any Federal
10 agency, State, political subdivision of a State, or
11 Tribal authority pursuant to any Federal, State, po-
12 litical subdivision of a State, or Tribal law, respec-
13 tively, requiring public disclosure of information or
14 records.
15 ‘‘(i) SUNSET.—The requirements of this section shall
16 expire on October 31, 2025.’’.
17 (b) CLERICAL AMENDMENTS.—The table of contents
18 of the Energy Policy and Conservation Act (Public Law
19 94–163; 89 Stat. 872) is amended—
20 (1) by striking the item relating to section 361
21 and inserting the following:
‘‘Sec. 361. Findings; purpose; definitions.’’; and
22 (2) by striking the item relating to section 366
23 and inserting the following:
pamtmann on DSKBC07HB2PROD with BILLS
‘‘Sec. 366. State energy security plans.’’.
24 (c) CONFORMING AMENDMENTS.—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
66
1 (1) Section 509(i)(3) of the Housing and Urban
2 Development Act of 1970 (12 U.S.C. 1701z–8(i)(3))
3 is amended by striking ‘‘prescribed for such terms in
4 section 366 of the Energy Policy and Conservation
5 Act’’ and inserting ‘‘given the terms in section
6 361(c) of the Energy Policy and Conservation Act’’.
7 (2) Section 363 of the Energy Policy and Con-
8 servation Act (42 U.S.C. 6323) is amended—
9 (A) by striking subsection (e); and
10 (B) by redesignating subsection (f) as sub-
11 section (e).
12 (3) Section 451(i)(3) of the Energy Conserva-
13 tion and Production Act (42 U.S.C. 6881(i)(3)) is
14 amended by striking ‘‘prescribed for such terms in
15 section 366 of the Federal Energy Policy and Con-
16 servation Act’’ and inserting ‘‘given the terms in sec-
17 tion 361(c) of the Energy Policy and Conservation
18 Act’’.
19 SEC. 1010. STATE ENERGY PROGRAM.
20 (a) COLLABORATIVE TRANSMISSION SITING.—Sec-
21 tion 362(c) of the Energy Policy and Conservation Act (42
22 U.S.C. 6322(c)) is amended—
23 (1) in paragraph (5), by striking ‘‘and’’ at the
pamtmann on DSKBC07HB2PROD with BILLS
24 end;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
67
1 (2) in paragraph (6), by striking the period at
2 the end and inserting ‘‘; and’’; and
3 (3) by adding at the end the following:
4 ‘‘(7) the mandatory conduct of activities to sup-
5 port transmission and distribution planning, includ-
6 ing—
7 ‘‘(A) support for local governments and In-
8 dian Tribes;
9 ‘‘(B) feasibility studies for transmission
10 line routes and alternatives;
11 ‘‘(C) preparation of necessary project de-
12 sign and permits; and
13 ‘‘(D) outreach to affected stakeholders.’’.
14 (b) STATE ENERGY CONSERVATION PLANS.—Section
15 362(d) of the Energy Policy and Conservation Act (42
16 U.S.C. 6322(d)) is amended by striking paragraph (3) and
17 inserting the following:
18 ‘‘(3) programs to increase transportation energy
19 efficiency, including programs to help reduce carbon
20 emissions in the transportation sector by 2050 and
21 accelerate the use of alternative transportation fuels
22 for, and the electrification of, State government ve-
23 hicles, fleet vehicles, taxis and ridesharing services,
pamtmann on DSKBC07HB2PROD with BILLS
24 mass transit, school buses, ferries, and privately
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
68
1 owned passenger and medium- and heavy-duty vehi-
2 cles;’’.
3 (c) AUTHORIZATION OF APPROPRIATIONS FOR STATE
4 ENERGY PROGRAM.—Section 365 of the Energy Policy
5 and Conservation Act (42 U.S.C. 6325) is amended by
6 striking subsection (f) and inserting the following:
7 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—
8 ‘‘(1) IN GENERAL.—There is authorized to be
9 appropriated to carry out this part $500,000,000 for
10 the period of fiscal years 2022 through 2026.
11 ‘‘(2) DISTRIBUTION.—Amounts made available
12 under paragraph (1)—
13 ‘‘(A) shall be distributed to the States in
14 accordance with the applicable distribution for-
15 mula in effect on January 1, 2021; and
16 ‘‘(B) shall not be subject to the matching
17 requirement described in the first proviso of the
18 matter under the heading ‘ENERGY CONSERVA-
19 TION’ under the heading ‘DEPARTMENT OF
20 ENERGY’ in title II of the Department of the
21 Interior and Related Agencies Appropriations
22 Act, 1985 (42 U.S.C. 6323a).’’.
23 SEC. 1011. POWER MARKETING ADMINISTRATION TRANS-
pamtmann on DSKBC07HB2PROD with BILLS
24 MISSION BORROWING AUTHORITY.
25 (a) BORROWING AUTHORITY.—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
69
1 (1) IN GENERAL.—Subject to paragraph (2),
2 for the purposes of providing funds to assist in the
3 financing of the construction, acquisition, and re-
4 placement of the Federal Columbia River Power
5 System and to implement the authority of the Ad-
6 ministrator of the Bonneville Power Administration
7 (referred to in this section as the ‘‘Administrator’’)
8 under the Pacific Northwest Electric Power Plan-
9 ning and Conservation Act (16 U.S.C. 839 et seq.),
10 an additional $10,000,000,000 in borrowing author-
11 ity is made available under the Federal Columbia
12 River Transmission System Act (16 U.S.C. 838 et
13 seq.), to remain outstanding at any 1 time.
14 (2) LIMITATION.—The obligation of additional
15 borrowing authority under paragraph (1) shall not
16 exceed $6,000,000,000 by fiscal year 2028.
17 (b) FINANCIAL PLAN.—
18 (1) IN GENERAL.—The Administrator shall
19 issue an updated financial plan by the end of fiscal
20 year 2022.
21 (2) REQUIREMENT.—As part of the process of
22 issuing an updated financial plan under paragraph
23 (1), the Administrator shall—
pamtmann on DSKBC07HB2PROD with BILLS
24 (A) consistent with asset management
25 planning and sound business principles, con-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
70
1 sider projected and planned use and allocation
2 of the borrowing authority of the Administrator
3 across the mission responsibilities of the Bonne-
4 ville Power Administration; and
5 (B) before issuing the final updated finan-
6 cial plan—
7 (i) engage, in a manner determined by
8 the Administrator, with customers with re-
9 spect to a draft of the updated plan; and
10 (ii) consider as a relevant factor any
11 recommendations from customers regard-
12 ing prioritization of asset investments.
13 (c) STAKEHOLDER ENGAGEMENT.—The Adminis-
14 trator shall—
15 (1) engage, in a manner determined by the Ad-
16 ministrator, with customers and stakeholders with
17 respect to the financial and cost management efforts
18 of the Administrator through periodic program re-
19 views; and
20 (2) to the maximum extent practicable, imple-
21 ment those policies that would be expected to be
22 consistent with the lowest possible power and trans-
23 mission rates consistent with sound business prin-
pamtmann on DSKBC07HB2PROD with BILLS
24 ciples.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
71
1 (d) REPAYMENT.—Any additional Treasury bor-
2 rowing authority received under this section—
3 (1) shall be fully repaid to the Treasury in a
4 manner consistent with the applicable self-financed
5 Federal budget accounts; and
6 (2) shall not be subject to budget scoring or
7 budget scoring points of order with respect to this
8 Act.
9 SEC. 1012. STUDY OF CODES AND STANDARDS FOR USE OF
10 ENERGY STORAGE SYSTEMS ACROSS SEC-
11 TORS.
12 (a) IN GENERAL.—The Secretary shall conduct a
13 study of types and commercial applications of codes and
14 standards applied to—
15 (1) stationary energy storage systems;
16 (2) mobile energy storage systems; and
17 (3) energy storage systems that move between
18 stationary and mobile applications, such as electric
19 vehicle batteries or batteries repurposed for new ap-
20 plications.
21 (b) PURPOSES.—The purposes of the study con-
22 ducted under subsection (a) shall be—
23 (1) to identify barriers, foster collaboration, and
pamtmann on DSKBC07HB2PROD with BILLS
24 increase conformity across sectors relating to—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
72
1 (A) use of emerging energy storage tech-
2 nologies; and
3 (B) use cases, such as vehicle-to-grid inte-
4 gration;
5 (2) to identify all existing codes and standards
6 that apply to energy storage systems;
7 (3) to identify codes and standards that require
8 revision or enhancement;
9 (4) to enhance the safe implementation of en-
10 ergy storage systems; and
11 (5) to receive formal input from stakeholders
12 regarding—
13 (A) existing codes and standards; and
14 (B) new or revised codes and standards.
15 (c) CONSULTATION.—In conducting the study under
16 subsection (a), the Secretary shall consult with all relevant
17 standards-developing organizations and other entities with
18 expertise regarding energy storage system safety.
19 (d) REPORT.—Not later than 18 months after the
20 date of enactment of this Act, the Secretary shall submit
21 to Congress a report describing the results of the study
22 conducted under subsection (a).
pamtmann on DSKBC07HB2PROD with BILLS
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
73
1 SEC. 1013. DEMONSTRATION OF ELECTRIC VEHICLE BAT-
2 TERY SECOND-LIFE APPLICATIONS FOR GRID
3 SERVICES.
4 Section 3201(c) of the Energy Act of 2020 (42
5 U.S.C. 17232(c)) is amended—
6 (1) in paragraph (1)—
7 (A) by striking the period at the end and
8 inserting ‘‘; and’’;
9 (B) by striking ‘‘including at’’ and insert-
10 ing the following: ‘‘including—
11 ‘‘(A) at’’; and
12 (C) by adding at the end the following:
13 ‘‘(B) 1 project to demonstrate second-life
14 applications of electric vehicle batteries as ag-
15 gregated energy storage installations to provide
16 services to the electric grid, in accordance with
17 paragraph (3).’’;
18 (2) by redesignating paragraphs (3) and (4) as
19 paragraphs (4) and (5), respectively; and
20 (3) by inserting after paragraph (2) the fol-
21 lowing:
22 ‘‘(3) DEMONSTRATION OF ELECTRIC VEHICLE
23 BATTERY SECOND-LIFE APPLICATIONS FOR GRID
24 SERVICES.—
pamtmann on DSKBC07HB2PROD with BILLS
25 ‘‘(A) IN GENERAL.—The Secretary shall
26 enter into an agreement to carry out a project
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
74
1 to demonstrate second-life applications of elec-
2 tric vehicle batteries as aggregated energy stor-
3 age installations to provide services to the elec-
4 tric grid.
5 ‘‘(B) PURPOSES.—The purposes of the
6 project under subparagraph (A) shall be—
7 ‘‘(i) to demonstrate power safety and
8 the reliability of the applications dem-
9 onstrated under the program;
10 ‘‘(ii) to demonstrate the ability of
11 electric vehicle batteries—
12 ‘‘(I) to provide ancillary services
13 for grid stability and management;
14 and
15 ‘‘(II) to reduce the peak loads of
16 homes and businesses;
17 ‘‘(iii) to extend the useful life of elec-
18 tric vehicle batteries and the components
19 of electric vehicle batteries prior to the col-
20 lection, recycling, and reprocessing of the
21 batteries and components; and
22 ‘‘(iv) to increase acceptance of, and
23 participation in, the use of second-life ap-
pamtmann on DSKBC07HB2PROD with BILLS
24 plications of electric vehicle batteries by
25 utilities.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
75
1 ‘‘(C) PRIORITY.—In selecting a project to
2 carry out under subparagraph (A), the Sec-
3 retary shall give priority to projects in which
4 the demonstration of the applicable second-life
5 applications is paired with 1 or more facilities
6 that could particularly benefit from increased
7 resiliency and lower energy costs, such as a
8 multi-family affordable housing facility, a senior
9 care facility, and a community health center.’’.
10 SEC. 1014. COLUMBIA BASIN POWER MANAGEMENT.
11 (a) DEFINITIONS.—In this section:
12 (1) ACCOUNT.—The term ‘‘Account’’ means the
13 account established by subsection (b)(1).
14 (2) ADMINISTRATOR.—The term ‘‘Adminis-
15 trator’’ means the Administrator of the Bonneville
16 Power Administration.
17 (3) CANADIAN ENTITLEMENT.—The term ‘‘Ca-
18 nadian Entitlement’’ means the downstream power
19 benefits that Canada is entitled to under Article V
20 of the Treaty Relating to Cooperative Development
21 of the Water Resources of the Columbia River
22 Basin, signed at Washington January 17, 1961 (15
23 UST 1555; TIAS 5638).
pamtmann on DSKBC07HB2PROD with BILLS
24 (b) TRANSMISSION COORDINATION AND EXPAN-
25 SION.—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
76
1 (1) ESTABLISHMENT.—There is established in
2 the Treasury an account for the purposes of making
3 expenditures to increase bilateral transfers of renew-
4 able electric generation between the western United
5 States and Canada.
6 (2) CRITERIA.—The Administrator may make
7 expenditures from the Account for activities to im-
8 prove electric power system coordination by con-
9 structing electric power transmission facilities within
10 the western United States that directly or indirectly
11 facilitate non-carbon emitting electric power trans-
12 actions between the western United States and Can-
13 ada.
14 (3) CONSULTATION.—The Administrator shall
15 consult with relevant electric utilities in Canada and
16 appropriate regional transmission planning organiza-
17 tions in considering the construction of transmission
18 activities under this subsection.
19 (4) AUTHORIZATION.—There is authorized to
20 be appropriated to the Account an amount equal to
21 the aggregated amount of the Canadian Entitlement
22 during the 5-year period preceding the date of enact-
23 ment of this Act.
pamtmann on DSKBC07HB2PROD with BILLS
24 (c) INCREASED HYDROELECTRIC CAPACITY.—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
77
1 (1) IN GENERAL.—The Commissioner of Rec-
2 lamation shall rehabilitate and enhance the John W.
3 Keys III Pump Generating Plant—
4 (A) to replace obsolete equipment;
5 (B) to maintain reliability and improve ef-
6 ficiency in system performance and operation;
7 (C) to create more hydroelectric power ca-
8 pacity in the Pacific Northwest; and
9 (D) to ensure the availability of water for
10 irrigation in the event that Columbia River
11 water flows from British Columbia into the
12 United States are insufficient after September
13 16, 2024.
14 (2) AUTHORIZATION OF APPROPRIATIONS.—
15 There is authorized to be appropriated
16 $100,000,000 to carry out this subsection.
17 (d) POWER COORDINATION STUDY.—
18 (1) IN GENERAL.—The Administrator shall con-
19 duct a study considering the potential hydroelectric
20 power value to the Pacific Northwest of increasing
21 the coordination of the operation of hydroelectric
22 and water storage facilities on rivers located in the
23 United States and Canada.
pamtmann on DSKBC07HB2PROD with BILLS
24 (2) CRITERIA.—The study conducted under
25 paragraph (1) shall analyze—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
78
1 (A) projected changes to the Pacific North-
2 west electricity supply;
3 (B) potential reductions in greenhouse gas
4 emissions;
5 (C) any potential need to increase trans-
6 mission capacity; and
7 (D) any other factor the Administrator
8 considers to be relevant for increasing bilateral
9 coordination.
10 (3) COORDINATION.—In conducting the study
11 under paragraph (1), the Administrator shall coordi-
12 nate, to the extent practicable, with—
13 (A) the British Columbia or a crown cor-
14 poration owned by British Columbia;
15 (B) the Assistant Secretary;
16 (C) the Commissioner of Reclamation; and
17 (D) any public utility districts that operate
18 hydroelectric projects on the mainstem of the
19 Columbia River.
20 (4) AUTHORIZATION OF APPROPRIATIONS.—
21 There is authorized to be appropriated $10,000,000
22 to carry out this subsection.
pamtmann on DSKBC07HB2PROD with BILLS
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
79
1 Subtitle B—Cybersecurity
2 SEC. 1101. ENHANCING GRID SECURITY THROUGH PUBLIC-
3 PRIVATE PARTNERSHIPS.
4 (a) DEFINITIONS.—In this section:
5 (1) BULK-POWER SYSTEM; ELECTRIC RELI-
6 ABILITY ORGANIZATION.—The terms ‘‘bulk-power
7 system’’ and ‘‘Electric Reliability Organization’’ has
8 the meaning given the terms in section 215(a) of the
9 Federal Power Act (16 U.S.C. 824o(a)).
10 (2) ELECTRIC UTILITY; STATE REGULATORY
11 AUTHORITY.—The terms ‘‘electric utility’’ and
12 ‘‘State regulatory authority’’ have the meanings
13 given the terms in section 3 of the Federal Power
14 Act (16 U.S.C. 796).
15 (b) PROGRAM TO PROMOTE AND ADVANCE PHYSICAL
16 SECURITY AND CYBERSECURITY OF ELECTRIC UTILI-
17 TIES.—
18 (1) ESTABLISHMENT.—The Secretary, in con-
19 sultation with the Secretary of Homeland Security
20 and, as the Secretary determines to be appropriate,
21 the heads of other relevant Federal agencies, State
22 regulatory authorities, industry stakeholders, and
23 the Electric Reliability Organization, shall carry out
pamtmann on DSKBC07HB2PROD with BILLS
24 a program—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
80
1 (A) to develop, and provide for voluntary
2 implementation of, maturity models, self-assess-
3 ments, and auditing methods for assessing the
4 physical security and cybersecurity of electric
5 utilities;
6 (B) to assist with threat assessment and
7 cybersecurity training for electric utilities;
8 (C) to provide technical assistance for elec-
9 tric utilities subject to the program;
10 (D) to provide training to electric utilities
11 to address and mitigate cybersecurity supply
12 chain management risks;
13 (E) to advance, in partnership with electric
14 utilities, the cybersecurity of third-party ven-
15 dors that manufacture components of the elec-
16 tric grid;
17 (F) to increase opportunities for sharing
18 best practices and data collection within the
19 electric sector; and
20 (G) to assist, in the case of electric utilities
21 that own defense critical electric infrastructure
22 (as defined in section 215A(a) of the Federal
23 Power Act (16 U.S.C. 824o–1(a))), with full en-
pamtmann on DSKBC07HB2PROD with BILLS
24 gineering reviews of critical functions and oper-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
81
1 ations at both the utility and defense infra-
2 structure levels—
3 (i) to identify unprotected avenues for
4 cyber-enabled sabotage that would have
5 catastrophic effects to national security;
6 and
7 (ii) to recommend and implement en-
8 gineering protections to ensure continued
9 operations of identified critical functions
10 even in the face of constant cyber attacks
11 and achieved perimeter access by sophisti-
12 cated adversaries.
13 (2) SCOPE.—In carrying out the program under
14 paragraph (1), the Secretary shall—
15 (A) take into consideration—
16 (i) the different sizes of electric utili-
17 ties; and
18 (ii) the regions that electric utilities
19 serve;
20 (B) prioritize electric utilities with fewer
21 available resources due to size or region; and
22 (C) to the maximum extent practicable,
23 use and leverage—
pamtmann on DSKBC07HB2PROD with BILLS
24 (i) existing Department and Depart-
25 ment of Homeland Security programs; and
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
82
1 (ii) existing programs of the Federal
2 agencies determined to be appropriate
3 under paragraph (1).
4 (c) REPORT ON CYBERSECURITY OF DISTRIBUTION
5 SYSTEMS.—Not later than 1 year after the date of enact-
6 ment of this Act, the Secretary, in consultation with the
7 Secretary of Homeland Security and, as the Secretary de-
8 termines to be appropriate, the heads of other Federal
9 agencies, State regulatory authorities, and industry stake-
10 holders, shall submit to Congress a report that assesses—
11 (1) priorities, policies, procedures, and actions
12 for enhancing the physical security and cybersecurity
13 of electricity distribution systems, including behind-
14 the-meter generation, storage, and load management
15 devices, to address threats to, and vulnerabilities of,
16 electricity distribution systems; and
17 (2) the implementation of the priorities, poli-
18 cies, procedures, and actions assessed under para-
19 graph (1), including—
20 (A) an estimate of potential costs and ben-
21 efits of the implementation; and
22 (B) an assessment of any public-private
23 cost-sharing opportunities.
pamtmann on DSKBC07HB2PROD with BILLS
24 (d) PROTECTION OF INFORMATION.—Information
25 provided to, or collected by, the Federal Government pur-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
83
1 suant to this section the disclosure of which the Secretary
2 reasonably foresees could be detrimental to the physical
3 security or cybersecurity of any electric utility or the bulk-
4 power system—
5 (1) shall be exempt from disclosure under sec-
6 tion 552(b)(3) of title 5, United States Code; and
7 (2) shall not be made available by any Federal
8 agency, State, political subdivision of a State, or
9 Tribal authority pursuant to any Federal, State, po-
10 litical subdivision of a State, or Tribal law, respec-
11 tively, requiring public disclosure of information or
12 records.
13 SEC. 1102. ENERGY CYBER SENSE PROGRAM.
14 (a) DEFINITIONS.—In this section:
15 (1) BULK-POWER SYSTEM.—The term ‘‘bulk-
16 power system’’ has the meaning given the term in
17 section 215(a) of the Federal Power Act (16 U.S.C.
18 824o(a)).
19 (2) PROGRAM.—The term ‘‘program’’ means
20 the voluntary Energy Cyber Sense program estab-
21 lished under subsection (b).
22 (b) ESTABLISHMENT.—The Secretary, in consulta-
23 tion with the Secretary of Homeland Security and the
pamtmann on DSKBC07HB2PROD with BILLS
24 heads of other relevant Federal agencies, shall establish
25 a voluntary Energy Cyber Sense program to test the cy-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
84
1 bersecurity of products and technologies intended for use
2 in the energy sector, including in the bulk-power system.
3 (c) PROGRAM REQUIREMENTS.—In carrying out sub-
4 section (b), the Secretary, in consultation with the Sec-
5 retary of Homeland Security and the heads of other rel-
6 evant Federal agencies, shall—
7 (1) establish a testing process under the pro-
8 gram to test the cybersecurity of products and tech-
9 nologies intended for use in the energy sector, in-
10 cluding products relating to industrial control sys-
11 tems and operational technologies, such as super-
12 visory control and data acquisition systems;
13 (2) for products and technologies tested under
14 the program, establish and maintain cybersecurity
15 vulnerability reporting processes and a related data-
16 base that are integrated with Federal vulnerability
17 coordination processes;
18 (3) provide technical assistance to electric utili-
19 ties, product manufacturers, and other energy sector
20 stakeholders to develop solutions to mitigate identi-
21 fied cybersecurity vulnerabilities in products and
22 technologies tested under the program;
23 (4) biennially review products and technologies
pamtmann on DSKBC07HB2PROD with BILLS
24 tested under the program for cybersecurity
25 vulnerabilities and provide analysis with respect to
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
85
1 how those products and technologies respond to and
2 mitigate cyber threats;
3 (5) develop guidance that is informed by anal-
4 ysis and testing results under the program for elec-
5 tric utilities and other components of the energy sec-
6 tor for the procurement of products and tech-
7 nologies;
8 (6) provide reasonable notice to, and solicit
9 comments from, the public prior to establishing or
10 revising the testing process under the program;
11 (7) oversee the testing of products and tech-
12 nologies under the program; and
13 (8) consider incentives to encourage the use of
14 analysis and results of testing under the program in
15 the design of products and technologies for use in
16 the energy sector.
17 (d) PROTECTION OF INFORMATION.—Information
18 provided to, or collected by, the Federal Government pur-
19 suant to this section the disclosure of which the Secretary
20 reasonably foresees could be detrimental to the physical
21 security or cybersecurity of any component of the energy
22 sector, including any electric utility or the bulk-power sys-
23 tem—
pamtmann on DSKBC07HB2PROD with BILLS
24 (1) shall be exempt from disclosure under sec-
25 tion 552(b)(3) of title 5, United States Code; and
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
86
1 (2) shall not be made available by any Federal
2 agency, State, political subdivision of a State, or
3 Tribal authority pursuant to any Federal, State, po-
4 litical subdivision of a State, or Tribal law, respec-
5 tively, requiring public disclosure of information or
6 records.
7 (e) FEDERAL GOVERNMENT LIABILITY.—Nothing in
8 this section authorizes the commencement of an action
9 against the United States with respect to the testing of
10 a product or technology under the program.
11 SEC. 1103. INCENTIVES FOR ADVANCED CYBERSECURITY
12 TECHNOLOGY INVESTMENT.
13 Part II of the Federal Power Act is amended by in-
14 serting after section 219 (16 U.S.C. 824s) the following:
15 ‘‘SEC. 219A. INCENTIVES FOR CYBERSECURITY INVEST-
16 MENTS.
17 ‘‘(a) DEFINITIONS.—In this section:
18 ‘‘(1) ADVANCED CYBERSECURITY TECH-
19 NOLOGY.—The term ‘advanced cybersecurity tech-
20 nology’ means any technology, operational capability,
21 or service, including computer hardware, software,
22 or a related asset, that enhances the security posture
23 of public utilities through improvements in the abil-
pamtmann on DSKBC07HB2PROD with BILLS
24 ity to protect against, detect, respond to, or recover
25 from a cybersecurity threat (as defined in section
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
87
1 102 of the Cybersecurity Act of 2015 (6 U.S.C.
2 1501)).
3 ‘‘(2) ADVANCED CYBERSECURITY TECHNOLOGY
4 INFORMATION.—The term ‘advanced cybersecurity
5 technology information’ means information relating
6 to advanced cybersecurity technology or proposed
7 advanced cybersecurity technology that is generated
8 by or provided to the Commission or another Fed-
9 eral agency.
10 ‘‘(b) STUDY.—Not later than 180 days after the date
11 of enactment of this section, the Commission, in consulta-
12 tion with the Secretary of Energy, the North American
13 Electric Reliability Corporation, the Electricity Subsector
14 Coordinating Council, and the National Association of
15 Regulatory Utility Commissioners, shall conduct a study
16 to identify incentive-based, including performance-based,
17 rate treatments for the transmission and sale of electric
18 energy subject to the jurisdiction of the Commission that
19 could be used to encourage—
20 ‘‘(1) investment by public utilities in advanced
21 cybersecurity technology; and
22 ‘‘(2) participation by public utilities in cyberse-
23 curity threat information sharing programs.
pamtmann on DSKBC07HB2PROD with BILLS
24 ‘‘(c) INCENTIVE-BASED RATE TREATMENT.—Not
25 later than 1 year after the completion of the study under
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
88
1 subsection (b), the Commission shall establish, by rule, in-
2 centive-based, including performance-based, rate treat-
3 ments for the transmission of electric energy in interstate
4 commerce and the sale of electric energy at wholesale in
5 interstate commerce by public utilities for the purpose of
6 benefitting consumers by encouraging—
7 ‘‘(1) investments by public utilities in advanced
8 cybersecurity technology; and
9 ‘‘(2) participation by public utilities in cyberse-
10 curity threat information sharing programs.
11 ‘‘(d) FACTORS FOR CONSIDERATION.—In issuing a
12 rule pursuant to this section, the Commission may provide
13 additional incentives beyond those identified in subsection
14 (c) in any case in which the Commission determines that
15 an investment in advanced cybersecurity technology or in-
16 formation sharing program costs will reduce cybersecurity
17 risks to—
18 ‘‘(1) defense critical electric infrastructure (as
19 defined in section 215A(a)) and other facilities sub-
20 ject to the jurisdiction of the Commission that are
21 critical to public safety, national defense, or home-
22 land security, as determined by the Commission in
23 consultation with—
pamtmann on DSKBC07HB2PROD with BILLS
24 ‘‘(A) the Secretary of Energy;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
89
1 ‘‘(B) the Secretary of Homeland Security;
2 and
3 ‘‘(C) other appropriate Federal agencies;
4 and
5 ‘‘(2) facilities of small or medium-sized public
6 utilities with limited cybersecurity resources, as de-
7 termined by the Commission.
8 ‘‘(e) RATEPAYER PROTECTION.—
9 ‘‘(1) IN GENERAL.—Any rate approved under a
10 rule issued pursuant to this section, including any
11 revisions to that rule, shall be subject to the require-
12 ments of sections 205 and 206 that all rates,
13 charges, terms, and conditions—
14 ‘‘(A) shall be just and reasonable; and
15 ‘‘(B) shall not be unduly discriminatory or
16 preferential.
17 ‘‘(2) PROHIBITION OF DUPLICATE RECOVERY.—
18 Any rule issued pursuant to this section shall pre-
19 clude rate treatments that allow unjust and unrea-
20 sonable double recovery for advanced cybersecurity
21 technology.
22 ‘‘(f) SINGLE-ISSUE RATE FILINGS.—The Commis-
23 sion shall permit public utilities to apply for incentive-
pamtmann on DSKBC07HB2PROD with BILLS
24 based rate treatment under a rule issued under this sec-
25 tion on a single-issue basis by submitting to the Commis-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
90
1 sion a tariff schedule under section 205 that permits re-
2 covery of costs and incentives over the depreciable life of
3 the applicable assets, without regard to changes in receipts
4 or other costs of the public utility.
5 ‘‘(g) PROTECTION OF INFORMATION.—Advanced cy-
6 bersecurity technology information that is provided to,
7 generated by, or collected by the Federal Government
8 under subsection (b), (c), or (f) shall be considered to be
9 critical electric infrastructure information under section
10 215A.’’.
11 SEC. 1104. RURAL AND MUNICIPAL UTILITY ADVANCED CY-
12 BERSECURITY GRANT AND TECHNICAL AS-
13 SISTANCE PROGRAM.
14 (a) DEFINITIONS.—In this section:
15 (1) ADVANCED CYBERSECURITY TECH-
16 NOLOGY.—The term ‘‘advanced cybersecurity tech-
17 nology’’ means any technology, operational capa-
18 bility, or service, including computer hardware, soft-
19 ware, or a related asset, that enhances the security
20 posture of electric utilities through improvements in
21 the ability to protect against, detect, respond to, or
22 recover from a cybersecurity threat (as defined in
23 section 102 of the Cybersecurity Act of 2015 (6
pamtmann on DSKBC07HB2PROD with BILLS
24 U.S.C. 1501)).
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
91
1 (2) BULK-POWER SYSTEM.—The term ‘‘bulk-
2 power system’’ has the meaning given the term in
3 section 215(a) of the Federal Power Act (16 U.S.C.
4 824o(a)).
5 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
6 ty’’ means—
7 (A) a rural electric cooperative;
8 (B) a utility owned by a political subdivi-
9 sion of a State, such as a municipally owned
10 electric utility;
11 (C) a utility owned by any agency, author-
12 ity, corporation, or instrumentality of 1 or more
13 political subdivisions of a State;
14 (D) a not-for-profit entity that is in a part-
15 nership with not fewer than 6 entities described
16 in subparagraph (A), (B), or (C); and
17 (E) an investor-owned electric utility that
18 sells less than 4,000,000 megawatt hours of
19 electricity per year.
20 (4) PROGRAM.—The term ‘‘Program’’ means
21 the Rural and Municipal Utility Advanced Cyberse-
22 curity Grant and Technical Assistance Program es-
23 tablished under subsection (b).
pamtmann on DSKBC07HB2PROD with BILLS
24 (b) ESTABLISHMENT.—Not later than 180 days after
25 the date of enactment of this Act, the Secretary, in con-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
92
1 sultation with the Secretary of Homeland Security, the
2 Federal Energy Regulatory Commission, the North Amer-
3 ican Electric Reliability Corporation, and the Electricity
4 Subsector Coordinating Council, shall establish a program,
5 to be known as the ‘‘Rural and Municipal Utility Advanced
6 Cybersecurity Grant and Technical Assistance Program’’,
7 to provide grants and technical assistance to, and enter
8 into cooperative agreements with, eligible entities to pro-
9 tect against, detect, respond to, and recover from cyberse-
10 curity threats.
11 (c) OBJECTIVES.—The objectives of the Program
12 shall be—
13 (1) to deploy advanced cybersecurity tech-
14 nologies for electric utility systems; and
15 (2) to increase the participation of eligible enti-
16 ties in cybersecurity threat information sharing pro-
17 grams.
18 (d) AWARDS.—
19 (1) IN GENERAL.—The Secretary—
20 (A) shall award grants and provide tech-
21 nical assistance under the Program to eligible
22 entities on a competitive basis;
23 (B) shall develop criteria and a formula for
pamtmann on DSKBC07HB2PROD with BILLS
24 awarding grants and providing technical assist-
25 ance under the Program;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
93
1 (C) may enter into cooperative agreements
2 with eligible entities that can facilitate the ob-
3 jectives described in subsection (c); and
4 (D) shall establish a process to ensure that
5 all eligible entities are informed about and can
6 become aware of opportunities to receive grants
7 or technical assistance under the Program.
8 (2) PRIORITY FOR GRANTS AND TECHNICAL AS-
9 SISTANCE.—In awarding grants and providing tech-
10 nical assistance under the Program, the Secretary
11 shall give priority to an eligible entity that, as deter-
12 mined by the Secretary—
13 (A) has limited cybersecurity resources;
14 (B) owns assets critical to the reliability of
15 the bulk-power system; or
16 (C) owns defense critical electric infra-
17 structure (as defined in section 215A(a) of the
18 Federal Power Act (16 U.S.C. 824o–1(a))).
19 (e) PROTECTION OF INFORMATION.—Information
20 provided to, or collected by, the Federal Government pur-
21 suant to this section the disclosure of which the Secretary
22 reasonably foresees could be detrimental to the physical
23 security or cybersecurity of any electric utility or the bulk-
pamtmann on DSKBC07HB2PROD with BILLS
24 power system—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
94
1 (1) shall be exempt from disclosure under sec-
2 tion 552(b)(3) of title 5, United States Code; and
3 (2) shall not be made available by any Federal
4 agency, State, political subdivision of a State, or
5 Tribal authority pursuant to any Federal, State, po-
6 litical subdivision of a State, or Tribal law, respec-
7 tively, requiring public disclosure of information or
8 records.
9 (f) AUTHORIZATION OF APPROPRIATIONS.—There is
10 authorized to be appropriated to the Secretary to carry
11 out this section $250,000,000 for the period of fiscal years
12 2022 through 2026.
13 SEC. 1105. ENHANCED GRID SECURITY.
14 (a) DEFINITIONS.—In this section:
15 (1) ELECTRIC UTILITY.—The term ‘‘electric
16 utility’’ has the meaning given the term in section
17 3 of the Federal Power Act (16 U.S.C. 796).
18 (2) E-ISAC.—The term ‘‘E-ISAC’’ means the
19 Electricity Information Sharing and Analysis Center.
20 (b) CYBERSECURITY FOR THE ENERGY SECTOR RE-
21 SEARCH, DEVELOPMENT, AND DEMONSTRATION PRO-
22 GRAM.—
23 (1) IN GENERAL.—The Secretary, in consulta-
pamtmann on DSKBC07HB2PROD with BILLS
24 tion with the Secretary of Homeland Security and,
25 as determined appropriate, other Federal agencies,
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
95
1 the energy sector, the States, Indian Tribes, Tribal
2 organizations, territories or freely associated states,
3 and other stakeholders, shall develop and carry out
4 a program—
5 (A) to develop advanced cybersecurity ap-
6 plications and technologies for the energy sec-
7 tor—
8 (i) to identify and mitigate
9 vulnerabilities, including—
10 (I) dependencies on other critical
11 infrastructure;
12 (II) impacts from weather and
13 fuel supply;
14 (III) increased dependence on in-
15 verter-based technologies; and
16 (IV) vulnerabilities from
17 unpatched hardware and software sys-
18 tems; and
19 (ii) to advance the security of field de-
20 vices and third-party control systems, in-
21 cluding—
22 (I) systems for generation, trans-
23 mission, distribution, end use, and
pamtmann on DSKBC07HB2PROD with BILLS
24 market functions;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
96
1 (II) specific electric grid elements
2 including advanced metering, demand
3 response, distribution, generation, and
4 electricity storage;
5 (III) forensic analysis of infected
6 systems;
7 (IV) secure communications; and
8 (V) application of in-line edge se-
9 curity solutions;
10 (B) to leverage electric grid architecture as
11 a means to assess risks to the energy sector, in-
12 cluding by implementing an all-hazards ap-
13 proach to communications infrastructure, con-
14 trol systems architecture, and power systems
15 architecture;
16 (C) to perform pilot demonstration projects
17 with the energy sector to gain experience with
18 new technologies;
19 (D) to develop workforce development cur-
20 ricula for energy sector-related cybersecurity;
21 and
22 (E) to develop improved supply chain con-
23 cepts for secure design of emerging digital com-
pamtmann on DSKBC07HB2PROD with BILLS
24 ponents and power electronics.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
97
1 (2) AUTHORIZATION OF APPROPRIATIONS.—
2 There is authorized to be appropriated to the Sec-
3 retary to carry out this subsection $250,000,000 for
4 the period of fiscal years 2022 through 2026.
5 (c) ENERGY SECTOR OPERATIONAL SUPPORT FOR
6 CYBERRESILIENCE PROGRAM.—
7 (1) IN GENERAL.—The Secretary may develop
8 and carry out a program—
9 (A) to enhance and periodically test—
10 (i) the emergency response capabilities
11 of the Department; and
12 (ii) the coordination of the Depart-
13 ment with other agencies, the National
14 Laboratories, and private industry;
15 (B) to expand cooperation of the Depart-
16 ment with the intelligence community for en-
17 ergy sector-related threat collection and anal-
18 ysis;
19 (C) to enhance the tools of the Department
20 and E-ISAC for monitoring the status of the
21 energy sector;
22 (D) to expand industry participation in E-
23 ISAC; and
pamtmann on DSKBC07HB2PROD with BILLS
24 (E) to provide technical assistance to small
25 electric utilities for purposes of assessing and
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
98
1 improving cybermaturity levels and addressing
2 gaps identified in the assessment.
3 (2) AUTHORIZATION OF APPROPRIATIONS.—
4 There is authorized to be appropriated to the Sec-
5 retary to carry out this subsection $50,000,000 for
6 the period of fiscal years 2022 through 2026.
7 (d) MODELING AND ASSESSING ENERGY INFRA-
8 STRUCTURE RISK.—
9 (1) IN GENERAL.—The Secretary, in consulta-
10 tion with the Secretary of Homeland Security, shall
11 develop and carry out an advanced energy security
12 program to secure energy networks, including—
13 (A) electric networks;
14 (B) natural gas networks; and
15 (C) oil exploration, transmission, and deliv-
16 ery networks.
17 (2) SECURITY AND RESILIENCY OBJECTIVE.—
18 The objective of the program developed under para-
19 graph (1) is to increase the functional preservation
20 of electric grid operations or natural gas and oil op-
21 erations in the face of natural and human-made
22 threats and hazards, including electric magnetic
23 pulse and geomagnetic disturbances.
pamtmann on DSKBC07HB2PROD with BILLS
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
99
1 (3) ELIGIBLE ACTIVITIES.—In carrying out the
2 program developed under paragraph (1), the Sec-
3 retary may—
4 (A) develop capabilities to identify
5 vulnerabilities and critical components that pose
6 major risks to grid security if destroyed or im-
7 paired;
8 (B) provide modeling at the national level
9 to predict impacts from natural or human-made
10 events;
11 (C) add physical security to the cybersecu-
12 rity maturity model;
13 (D) conduct exercises and assessments to
14 identify and mitigate vulnerabilities to the elec-
15 tric grid, including providing mitigation rec-
16 ommendations;
17 (E) conduct research on hardening solu-
18 tions for critical components of the electric grid;
19 (F) conduct research on mitigation and re-
20 covery solutions for critical components of the
21 electric grid; and
22 (G) provide technical assistance to States
23 and other entities for standards and risk anal-
pamtmann on DSKBC07HB2PROD with BILLS
24 ysis.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
100
1 (4) SAVINGS PROVISION.—Nothing in this sec-
2 tion authorizes new regulatory requirements.
3 (5) AUTHORIZATION OF APPROPRIATIONS.—
4 There is authorized to be appropriated to the Sec-
5 retary to carry out this subsection $50,000,000 for
6 the period of fiscal years 2022 through 2026.
7 SEC. 1106. CYBERSECURITY PLAN.
8 (a) IN GENERAL.—The Secretary may require, as the
9 Secretary determines appropriate, a recipient of any
10 award or other funding under this Act—
11 (1) to submit to the Secretary, prior to the
12 issuance of the award or other funding, a cybersecu-
13 rity plan that demonstrates the cybersecurity matu-
14 rity of the recipient in the context of the project for
15 which that award or other funding was provided;
16 and
17 (2) establish a plan for maintaining and im-
18 proving cybersecurity throughout the life of the pro-
19 posed solution of the project.
20 (b) CONTENTS OF CYBERSECURITY PLAN.—A cyber-
21 security plan described in subsection (a) shall, at a min-
22 imum, describe how the recipient described in that sub-
23 section—
pamtmann on DSKBC07HB2PROD with BILLS
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
101
1 (1) plans to maintain cybersecurity between
2 networks, systems, devices, applications, or compo-
3 nents—
4 (A) within the proposed solution of the
5 project; and
6 (B) at the necessary external interfaces at
7 the proposed solution boundaries;
8 (2) will perform ongoing evaluation of cyberse-
9 curity risks to address issues as the issues arise
10 throughout the life of the proposed solution;
11 (3) will report known or suspected network or
12 system compromises of the project to the Secretary;
13 and
14 (4) will leverage applicable cybersecurity pro-
15 grams of the Department, including cyber vulner-
16 ability testing and security engineering evaluations.
17 (c) ADDITIONAL GUIDANCE.—Each recipient de-
18 scribed in subsection (a) should—
19 (1) maximize the use of open guidance and
20 standards, including, wherever possible—
21 (A) the Cybersecurity Capability Maturity
22 Model of the Department (or a successor
23 model); and
pamtmann on DSKBC07HB2PROD with BILLS
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
102
1 (B) the Framework for Improving Critical
2 Infrastructure Cybersecurity of the National In-
3 stitute of Standards and Technology; and
4 (2) document —
5 (A) any deviation from open standards;
6 and
7 (B) the utilization of proprietary standards
8 where the recipient determines that such devi-
9 ation necessary.
10 (d) COORDINATION.—The Office of Cybersecurity,
11 Energy Security, and Emergency Response of the Depart-
12 ment shall review each cybersecurity plan submitted under
13 subsection (a) to ensure integration with Department re-
14 search, development, and demonstration programs.
15 (e) PROTECTION OF INFORMATION.—Information
16 provided to, or collected by, the Federal Government pur-
17 suant to this section the disclosure of which the Secretary
18 reasonably foresees could be detrimental to the physical
19 security or cybersecurity of any electric utility or the bulk-
20 power system—
21 (1) shall be exempt from disclosure under sec-
22 tion 552(b)(3) of title 5, United States Code; and
23 (2) shall not be made available by any Federal
pamtmann on DSKBC07HB2PROD with BILLS
24 agency, State, political subdivision of a State, or
25 Tribal authority pursuant to any Federal, State, po-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
103
1 litical subdivision of a State, or Tribal law, respec-
2 tively, requiring public disclosure of information or
3 records.
4 SEC. 1107. SAVINGS PROVISION.
5 Nothing in this subtitle affects the authority, existing
6 on the day before the date of enactment of this Act, of
7 any other Federal department or agency, including the au-
8 thority provided to the Secretary of Homeland Security
9 and the Director of the Cybersecurity and Infrastructure
10 Security Agency in title XXII of the Homeland Security
11 Act of 2002 (6 U.S.C. 651 et seq.).
12 TITLE II—SUPPLY CHAINS FOR
13 CLEAN ENERGY TECHNOLOGIES
14 SEC. 2001. EARTH MAPPING RESOURCES INITIATIVE.
15 (a) DEFINITION OF CRITICAL MINERAL.—In this
16 section, the term ‘‘critical mineral’’ has the meaning given
17 the term in section 7002(a) of the Energy Act of 2020
18 (30 U.S.C. 1606(a)).
19 (b) ESTABLISHMENT.—There is established within
20 the United States Geological Survey an initiative, to be
21 known as the ‘‘Earth Mapping Resources Initiative’’ (re-
22 ferred to in this section as the ‘‘Initiative’’).
23 (c) PURPOSE.—The purpose of the Initiative shall be
pamtmann on DSKBC07HB2PROD with BILLS
24 to accelerate efforts to carry out the fundamental re-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
104
1 sources and mapping mission of the United States Geo-
2 logical Survey by—
3 (1) providing integrated topographic, geologic,
4 geochemical, and geophysical mapping;
5 (2) accelerating the integration and consolida-
6 tion of geospatial and resource data; and
7 (3) providing interpretation of subsurface and
8 above-ground mineral resources data.
9 (d) COOPERATIVE AGREEMENTS.—
10 (1) IN GENERAL.—In carrying out the Initia-
11 tive, the Director of the United States Geological
12 Survey may enter into cooperative agreements with
13 State geological surveys.
14 (2) EFFECT.—Nothing in paragraph (1) pre-
15 cludes the Director of the United States Geological
16 Survey from using existing contracting authorities in
17 carrying out the Initiative.
18 (e) COMPREHENSIVE MAPPING MODERNIZATION.—
19 (1) IN GENERAL.—Not later than 10 years
20 after the date of enactment of this Act, the Initiative
21 shall complete an initial comprehensive national
22 modern surface and subsurface mapping and data
23 integration effort.
pamtmann on DSKBC07HB2PROD with BILLS
24 (2) APPROACH.—In carrying out paragraph (1)
25 with regard to minerals, mineralization, and mineral
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
105
1 deposits, the Initiative shall focus on the full range
2 of minerals, using a whole ore body approach rather
3 than a single commodity approach, to emphasize all
4 of the recoverable critical minerals in a given surface
5 or subsurface deposit.
6 (3) PRIORITY.—In carrying out paragraph (1)
7 with regard to minerals, mineralization, and mineral
8 deposits, the Initiative shall prioritize mapping and
9 assessing critical minerals.
10 (4) INCLUSIONS.—In carrying out paragraph
11 (1), the Initiative shall also—
12 (A) map and collect data for areas con-
13 taining mine waste to increase understanding of
14 above-ground critical mineral resources in pre-
15 viously disturbed areas; and
16 (B) provide for analysis of samples, includ-
17 ing samples within the National Geological and
18 Geophysical Data Preservation Program estab-
19 lished under section 351(b) of the Energy Pol-
20 icy Act of 2005 (42 U.S.C. 15908(b)) for the
21 occurrence of critical minerals.
22 (f) AVAILABILITY.—The Initiative shall make the
23 geospatial data and metadata gathered by the Initiative
pamtmann on DSKBC07HB2PROD with BILLS
24 under subsection (e)(1) electronically publicly accessible
25 on an ongoing basis.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
106
1 (g) INTEGRATION OF DATA SOURCES.—The Initia-
2 tive shall integrate data sources, including data from—
3 (1) the National Cooperative Geologic Mapping
4 Program established by section 4(a)(1) of the Na-
5 tional Geologic Mapping Act of 1992 (43 U.S.C.
6 31c(a)(1));
7 (2) the National Geological and Geophysical
8 Data Preservation Program established under sec-
9 tion 351(b) of the Energy Policy Act of 2005 (42
10 U.S.C. 15908(b));
11 (3) the USMIN Mineral Deposit Database of
12 the United States Geological Survey;
13 (4) the 3D Elevation Program established
14 under section 5(a) of the National Landslide Pre-
15 paredness Act (43 U.S.C. 3104(a)); and
16 (5) other relevant sources, including sources
17 providing geothermal resources data.
18 (h) AUTHORIZATION OF APPROPRIATIONS.—There is
19 authorized to be appropriated to the Secretary to carry
20 out this section $320,000,000 for the period of fiscal years
21 2022 through 2026, to remain available until expended.
pamtmann on DSKBC07HB2PROD with BILLS
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
107
1 SEC. 2002. NATIONAL COOPERATIVE GEOLOGIC MAPPING
2 PROGRAM.
3 (a) IN GENERAL.—Section 4(d) of the National Geo-
4 logic Mapping Act of 1992 (43 U.S.C. 31c(d)) is amended
5 by adding at the end the following:
6 ‘‘(4) ABANDONED MINE LAND AND MINE WASTE
7 COMPONENT.—
8 ‘‘(A) IN GENERAL.—The geologic mapping
9 program shall include an abandoned mine land
10 and mine waste geologic mapping component,
11 the objective of which shall be to establish the
12 geologic framework of abandoned mine land
13 and other land containing mine waste.
14 ‘‘(B) MAPPING PRIORITIES.—For the com-
15 ponent described in subparagraph (A), the pri-
16 ority shall be mapping abandoned mine land
17 and other land containing mine waste where
18 multiple critical mineral (as defined in section
19 7002(a) of the Energy Act of 2020 (30 U.S.C.
20 1606(a))) and metal commodities are antici-
21 pated to be present, rather than single mineral
22 resources.’’.
23 (b) AUTHORIZATION OF APPROPRIATIONS.—Section
24 9(a) of the National Geologic Mapping Act of 1992 (43
pamtmann on DSKBC07HB2PROD with BILLS
25 U.S.C. 31h(a)) is amended by striking ‘‘2023’’ and insert-
26 ing ‘‘2031’’.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
108
1 SEC. 2003. NATIONAL GEOLOGICAL AND GEOPHYSICAL
2 DATA PRESERVATION PROGRAM.
3 Section 351(b) of the Energy Policy Act of 2005 (42
4 U.S.C. 15908(b)) is amended—
5 (1) in paragraph (2), by striking ‘‘and’’ after
6 the semicolon;
7 (2) in paragraph (3), by striking the period at
8 the end and inserting ‘‘; and’’; and
9 (3) by adding at the end the following:
10 ‘‘(4) to provide for preservation of samples to
11 track geochemical signatures from critical mineral
12 (as defined in section 7002(a) of the Energy Act of
13 2020 (30 U.S.C. 1606(a))) ore bodies for use in
14 provenance tracking frameworks.’’.
15 SEC. 2004. USGS ENERGY AND MINERALS RESEARCH FACIL-
16 ITY.
17 (a) ESTABLISHMENT.—The Director of the United
18 States Geological Survey (referred to in this section as the
19 ‘‘Director’’), shall fund, through a cooperative agreement
20 with an academic partner, the design, construction, and
21 tenant build-out of a facility to support energy and min-
22 erals research and appurtenant associated structures.
23 (b) OWNERSHIP.—The United States Geological Sur-
24 vey shall retain ownership of the facility and associated
pamtmann on DSKBC07HB2PROD with BILLS
25 structures described in subsection (a).
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
109
1 (c) AGREEMENTS.—The Director may enter into
2 agreements with, and to collect and expend funds or in-
3 kind contributions from, academic, Federal, State, or
4 other tenants over the life of the facility described in sub-
5 section (a) for the purposes of—
6 (1) facility planning;
7 (2) design;
8 (3) maintenance;
9 (4) operation; or
10 (5) facility improvements.
11 (d) LEASES.—The Director may enter into a lease
12 or other agreement with the academic partner with which
13 the Director has entered into a cooperative agreement
14 under subsection (a), at no cost to the Federal Govern-
15 ment, to obtain land on which to construct the facility de-
16 scribed in that subsection for a term of not less than 99
17 years.
18 (e) REPORTS.—The Director shall submit to Con-
19 gress annual reports on—
20 (1) the facility described in subsection (a); and
21 (2) the authorities used under this section.
22 (f) AUTHORIZATION OF APPROPRIATIONS.—There is
23 authorized to be appropriated to the Secretary of the Inte-
pamtmann on DSKBC07HB2PROD with BILLS
24 rior to carry out this section $167,000,000 for fiscal year
25 2022, to remain available until expended.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
110
1 SEC. 2005. RARE EARTH ELEMENTS DEMONSTRATION FA-
2 CILITY.
3 Section 7001 of the Energy Act of 2020 (42 U.S.C.
4 13344) is amended—
5 (1) in subsection (b), by inserting ‘‘and annu-
6 ally thereafter while the facility established under
7 subsection (c) remains in operation,’’ after ‘‘enact-
8 ment of this Act,’’;
9 (2) by redesignating subsection (c) as sub-
10 section (d); and
11 (3) by inserting after subsection (b) the fol-
12 lowing:
13 ‘‘(c) RARE EARTH DEMONSTRATION FACILITY.—
14 ‘‘(1) ESTABLISHMENT.—In coordination with
15 the research program under subsection (a)(1)(A),
16 the Secretary shall fund, through an agreement with
17 an academic partner, the design, construction, and
18 build-out of a facility to demonstrate the commercial
19 feasibility of a full-scale integrated rare earth ele-
20 ment extraction and separation facility and refinery.
21 ‘‘(2) FACILITY ACTIVITIES.—The facility estab-
22 lished under paragraph (1) shall—
23 ‘‘(A) provide environmental benefits
24 through use of feedstock derived from acid mine
pamtmann on DSKBC07HB2PROD with BILLS
25 drainage, mine waste, or other deleterious ma-
26 terial;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
111
1 ‘‘(B) separate mixed rare earth oxides into
2 pure oxides of each rare earth element;
3 ‘‘(C) refine rare earth oxides into rare
4 earth metals; and
5 ‘‘(D) provide for separation of rare earth
6 oxides and refining into rare earth metals at a
7 single site.
8 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—
9 There is authorized to be appropriated to the Sec-
10 retary to carry out this subsection $140,000,000 for
11 fiscal year 2022, to remain available until ex-
12 pended.’’.
13 SEC. 2006. CRITICAL MINERALS SUPPLY CHAINS AND RELI-
14 ABILITY.
15 (a) DEFINITION OF CRITICAL MINERAL.—In this
16 section, the term ‘‘critical mineral’’ has the meaning given
17 the term in section 7002(a) of the Energy Act of 2020
18 (30 U.S.C. 1606(a)).
19 (b) SENSE OF CONGRESS.—It is the sense of Con-
20 gress that—
21 (1) critical minerals are fundamental to the
22 economy, competitiveness, and security of the United
23 States;
pamtmann on DSKBC07HB2PROD with BILLS
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
112
1 (2) many critical minerals are only economic to
2 recover when combined with the production of a host
3 mineral;
4 (3) to the maximum extent practicable, the crit-
5 ical mineral needs of the United States should be
6 satisfied by minerals responsibly produced and recy-
7 cled in the United States; and
8 (4) the Federal permitting process has been
9 identified as an impediment to mineral production
10 and the mineral security of the United States.
11 (c) FEDERAL PERMITTING AND REVIEW PERFORM-
12 ANCE IMPROVEMENTS.—To improve the quality and time-
13 liness of Federal permitting and review processes with re-
14 spect to critical mineral production on Federal land, the
15 Secretary of the Interior, acting through the Director of
16 the Bureau of Land Management, and the Secretary of
17 Agriculture, acting through the Chief of the Forest Service
18 (referred to in this section as the ‘‘Secretaries’’), to the
19 maximum extent practicable, shall complete the Federal
20 permitting and review processes with maximum efficiency
21 and effectiveness, while supporting vital economic growth,
22 by—
23 (1) establishing and adhering to timelines and
pamtmann on DSKBC07HB2PROD with BILLS
24 schedules for the consideration of, and final deci-
25 sions regarding, applications, operating plans, leases,
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
113
1 licenses, permits, and other use authorizations for
2 critical mineral-related activities on Federal land;
3 (2) establishing clear, quantifiable, and tem-
4 poral permitting performance goals and tracking
5 progress against those goals;
6 (3) engaging in early collaboration among agen-
7 cies, project sponsors, and affected stakeholders—
8 (A) to incorporate and address the inter-
9 ests of those parties; and
10 (B) to minimize delays;
11 (4) ensuring transparency and accountability by
12 using cost-effective information technology to collect
13 and disseminate information regarding individual
14 projects and agency performance;
15 (5) engaging in early and active consultation
16 with State, local, and Tribal governments—
17 (A) to avoid conflicts or duplication of ef-
18 fort;
19 (B) to resolve concerns; and
20 (C) to allow for concurrent, rather than se-
21 quential, reviews;
22 (6) providing demonstrable improvements in the
23 performance of Federal permitting and review proc-
pamtmann on DSKBC07HB2PROD with BILLS
24 esses, including lower costs and more timely deci-
25 sions;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
114
1 (7) expanding and institutionalizing Federal
2 permitting and review process improvements that
3 have proven effective;
4 (8) developing mechanisms to better commu-
5 nicate priorities and resolve disputes among agencies
6 at the national, regional, State, and local levels; and
7 (9) developing other practices, such as
8 preapplication procedures.
9 (d) REVIEW AND REPORT.—Not later than 1 year
10 after the date of enactment of this Act, the Secretaries
11 shall submit to Congress a report that—
12 (1) identifies additional measures, including
13 regulatory and legislative proposals, if appropriate,
14 that would increase the timeliness of permitting ac-
15 tivities for the exploration and development of do-
16 mestic critical minerals;
17 (2) identifies options, including cost recovery
18 paid by permit applicants, for ensuring adequate
19 staffing and training of Federal entities and per-
20 sonnel responsible for the consideration of applica-
21 tions, operating plans, leases, licenses, permits, and
22 other use authorizations for critical mineral-related
23 activities on Federal land;
pamtmann on DSKBC07HB2PROD with BILLS
24 (3) quantifies the period of time typically re-
25 quired to complete each step associated with the de-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
115
1 velopment and processing of applications, operating
2 plans, leases, licenses, permits, and other use au-
3 thorizations for critical mineral-related activities on
4 Federal land, including by—
5 (A) calculating the range, the mean, the
6 median, the variance, and other statistical
7 measures or representations of the period of
8 time; and
9 (B) taking into account other aspects that
10 affect the period of time that are outside the
11 control of the Executive branch, such as judicial
12 review, applicant decisions, or State and local
13 government involvement; and
14 (4) describes actions carried out pursuant to
15 subsection (c).
16 (e) PERFORMANCE METRIC.—Not later than 90 days
17 after the date of submission of the report under subsection
18 (d), and after providing public notice and an opportunity
19 to comment, the Secretaries, using as a baseline the period
20 of time quantified under paragraph (3) of that subsection,
21 shall develop and publish a performance metric for evalu-
22 ating the progress made by the Executive branch to expe-
23 dite the permitting of activities that will increase explo-
pamtmann on DSKBC07HB2PROD with BILLS
24 ration for, and development of, domestic critical minerals,
25 while maintaining environmental standards.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
116
1 (f) ANNUAL REPORTS.—Not later than the date on
2 which the President submits the first budget of the Presi-
3 dent under section 1105 of title 31, United States Code,
4 after publication of the performance metric required under
5 subsection (e), and annually thereafter, the Secretaries
6 shall submit to Congress a report that—
7 (1) summarizes the implementation of rec-
8 ommendations, measures, and options identified in
9 paragraphs (1) and (2) of subsection (d);
10 (2) using the performance metric developed
11 under subsection (e), describes progress made by the
12 Executive branch, as compared to the baseline devel-
13 oped pursuant to subsection (d)(3), in expediting the
14 permitting of activities that will increase exploration
15 for, and development of, domestic critical minerals;
16 and
17 (3) compares the United States to other coun-
18 tries in terms of permitting efficiency and any other
19 criteria relevant to the globally competitive critical
20 minerals industry.
21 (g) INDIVIDUAL PROJECTS.—Each year, using data
22 contained in the reports submitted under subsection (f),
23 the Director of the Office of Management and Budget
pamtmann on DSKBC07HB2PROD with BILLS
24 shall prioritize inclusion of individual critical mineral
25 projects on the website operated by the Office of Manage-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
117
1 ment and Budget in accordance with section 1122 of title
2 31, United States Code.
3 SEC. 2007. BATTERY PROCESSING AND MANUFACTURING.
4 (a) DEFINITIONS.—In this section:
5 (1) ADVANCED BATTERY.—The term ‘‘advanced
6 battery’’ means a battery that consists of a battery
7 cell that can be integrated into a module, pack, or
8 system to be used in energy storage applications, in-
9 cluding electric vehicles and the electric grid.
10 (2) ADVANCED BATTERY COMPONENT.—
11 (A) IN GENERAL.—The term ‘‘advanced
12 battery component’’ means a component of an
13 advanced battery.
14 (B) INCLUSIONS.—The term ‘‘advanced
15 battery component’’ includes materials, en-
16 hancements, enclosures, anodes, cathodes, elec-
17 trolytes, cells, and other associated technologies
18 that comprise an advanced battery.
19 (3) BATTERY MATERIAL.—The term ‘‘battery
20 material’’ means the raw and processed form of a
21 mineral, metal, chemical, or other material used in
22 an advanced battery component.
23 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
pamtmann on DSKBC07HB2PROD with BILLS
24 ty’’ means an entity described in any of paragraphs
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
118
1 (1) through (5) of section 989(b) of the Energy Pol-
2 icy Act of 2005 (42 U.S.C. 16353(b)).
3 (5) FOREIGN ENTITY OF CONCERN.—The term
4 ‘‘foreign entity of concern’’ means a foreign entity
5 that is—
6 (A) designated as a foreign terrorist orga-
7 nization by the Secretary of State under section
8 219(a) of the Immigration and Nationality Act
9 (8 U.S.C. 1189(a));
10 (B) included on the list of specially des-
11 ignated nationals and blocked persons main-
12 tained by the Office of Foreign Assets Control
13 of the Department of the Treasury (commonly
14 known as the ‘‘SDN list’’);
15 (C) owned by, controlled by, or subject to
16 the jurisdiction or direction of a government of
17 a foreign country that is a covered nation (as
18 defined in section 2533c(d) of title 10, United
19 States Code);
20 (D) alleged by the Attorney General to
21 have been involved in activities for which a con-
22 viction was obtained under—
23 (i) chapter 37 of title 18, United
pamtmann on DSKBC07HB2PROD with BILLS
24 States Code (commonly known as the ‘‘Es-
25 pionage Act’’);
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
119
1 (ii) section 951 or 1030 of title 18,
2 United States Code;
3 (iii) chapter 90 of title 18, United
4 States Code (commonly known as the
5 ‘‘Economic Espionage Act of 1996’’);
6 (iv) the Arms Export Control Act (22
7 U.S.C. 2751 et seq.);
8 (v) section 224, 225, 226, 227, or 236
9 of the Atomic Energy Act of 1954 (42
10 U.S.C. 2274, 2275, 2276, 2277, and
11 2284);
12 (vi) the Export Control Reform Act of
13 2018 (50 U.S.C. 4801 et seq.); or
14 (vii) the International Emergency
15 Economic Powers Act (50 U.S.C. 1701 et
16 seq.); or
17 (E) determined by the Secretary, in con-
18 sultation with the Secretary of Defense and the
19 Director of National Intelligence, to be engaged
20 in unauthorized conduct that is detrimental to
21 the national security or foreign policy of the
22 United States.
23 (6) MANUFACTURING.—The term ‘‘manufac-
pamtmann on DSKBC07HB2PROD with BILLS
24 turing’’, with respect to an advanced battery and an
25 advanced battery component, means the industrial
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
120
1 and chemical steps taken to produce that advanced
2 battery or advanced battery component, respectively.
3 (7) PROCESSING.—The term ‘‘processing’’, with
4 respect to battery material, means the refining of
5 materials, including the treating, baking, and coat-
6 ing processes used to convert raw products into con-
7 stituent materials employed directly in advanced bat-
8 tery manufacturing.
9 (8) RECYCLING.—The term ‘‘recycling’’ means
10 the recovery of materials from advanced batteries to
11 be reused in similar applications, including the ex-
12 tracting, processing, and recoating of battery mate-
13 rials and advanced battery components.
14 (b) BATTERY MATERIAL PROCESSING GRANTS.—
15 (1) IN GENERAL.—Not later than 180 days
16 after the date of enactment of this Act, the Sec-
17 retary shall establish within the Office of Fossil En-
18 ergy a program, to be known as the ‘‘Battery Mate-
19 rial Processing Grant Program’’ (referred to in this
20 subsection as the ‘‘program’’), under which the Sec-
21 retary shall award grants in accordance with this
22 subsection.
23 (2) PURPOSES.—The purposes of the program
pamtmann on DSKBC07HB2PROD with BILLS
24 are—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
121
1 (A) to ensure that the United States has
2 a viable battery materials processing industry to
3 supply the North American battery supply
4 chain;
5 (B) to expand the capabilities of the
6 United States in advanced battery manufac-
7 turing;
8 (C) to enhance national security by reduc-
9 ing the reliance of the United States on foreign
10 competitors for critical materials and tech-
11 nologies; and
12 (D) to enhance the domestic processing ca-
13 pacity of minerals necessary for battery mate-
14 rials and advanced batteries.
15 (3) GRANTS.—
16 (A) IN GENERAL.—Under the program,
17 the Secretary shall award grants to eligible en-
18 tities—
19 (i) to carry out 1 or more demonstra-
20 tion projects in the United States for the
21 processing of battery materials;
22 (ii) to construct 1 or more new com-
23 mercial-scale battery material processing
pamtmann on DSKBC07HB2PROD with BILLS
24 facilities in the United States; and
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
122
1 (iii) to retool, retrofit, or expand 1 or
2 more existing battery material processing
3 facilities located in the United States and
4 determined qualified by the Secretary.
5 (B) AMOUNT LIMITATION.—The amount of
6 a grant awarded under the program shall be
7 not less than—
8 (i) $50,000,000 for an eligible entity
9 carrying out 1 or more projects described
10 in subparagraph (A)(i);
11 (ii) $100,000,000 for an eligible entity
12 carrying out 1 or more projects described
13 in subparagraph (A)(ii); and
14 (iii) $50,000,000 for an eligible entity
15 carrying out 1 or more projects described
16 in subparagraph (A)(iii).
17 (C) PRIORITY; CONSIDERATION.—In
18 awarding grants to eligible entities under the
19 program, the Secretary shall—
20 (i) give priority to an eligible entity
21 that—
22 (I) is located and operates in the
23 United States;
pamtmann on DSKBC07HB2PROD with BILLS
24 (II) is owned by a United States
25 entity;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
123
1 (III) deploys North American-
2 owned intellectual property and con-
3 tent;
4 (IV) represents consortia or in-
5 dustry partnerships; and
6 (V) will not use battery material
7 supplied by or originating from a for-
8 eign entity of concern; and
9 (ii) take into consideration whether a
10 project—
11 (I) provides workforce opportuni-
12 ties in low- and moderate-income com-
13 munities;
14 (II) encourages partnership with
15 universities and laboratories to spur
16 innovation and drive down costs;
17 (III) partners with Indian Tribes;
18 and
19 (IV) takes into account—
20 (aa) greenhouse gas emis-
21 sions reductions and energy effi-
22 cient battery material processing
23 opportunities throughout the
pamtmann on DSKBC07HB2PROD with BILLS
24 manufacturing process; and
25 (bb) supply chain logistics.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
124
1 (4) AUTHORIZATION OF APPROPRIATIONS.—
2 There is authorized to be appropriated to the Sec-
3 retary to carry out the program $3,000,000,000 for
4 the period of fiscal years 2022 through 2026, to re-
5 main available until expended.
6 (c) BATTERY MANUFACTURING AND RECYCLING
7 GRANTS.—
8 (1) IN GENERAL.—Not later than 180 days
9 after the date of enactment of this Act, the Sec-
10 retary shall establish within the Office of Energy Ef-
11 ficiency and Renewable Energy a battery manufac-
12 turing and recycling grant program (referred to in
13 this subsection as the ‘‘program’’).
14 (2) PURPOSE.—The purpose of the program is
15 to ensure that the United States has a viable domes-
16 tic manufacturing and recycling capability to sup-
17 port and sustain a North American battery supply
18 chain.
19 (3) GRANTS.—
20 (A) IN GENERAL.—Under the program,
21 the Secretary shall award grants to eligible en-
22 tities—
23 (i) to carry out 1 or more demonstra-
pamtmann on DSKBC07HB2PROD with BILLS
24 tion projects for advanced battery compo-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
125
1 nent manufacturing, advanced battery
2 manufacturing, and recycling;
3 (ii) to construct 1 or more new com-
4 mercial-scale advanced battery component
5 manufacturing, advanced battery manufac-
6 turing, or recycling facilities in the United
7 States; and
8 (iii) to retool, retrofit, or expand 1 or
9 more existing facilities located in the
10 United States and determined qualified by
11 the Secretary for advanced battery compo-
12 nent manufacturing, advanced battery
13 manufacturing, and recycling.
14 (B) AMOUNT LIMITATION.—The amount of
15 a grant awarded under the program shall be
16 not less than—
17 (i) $50,000,000 for an eligible entity
18 carrying out 1 or more projects described
19 in subparagraph (A)(i);
20 (ii) $100,000,000 for an eligible entity
21 carrying out 1 or more projects described
22 in subparagraph (A)(ii); and
23 (iii) $50,000,000 for an eligible entity
pamtmann on DSKBC07HB2PROD with BILLS
24 carrying out 1 or more projects described
25 in subparagraph (A)(iii).
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
126
1 (C) PRIORITY; CONSIDERATION.—In
2 awarding grants to eligible entities under the
3 program, the Secretary shall—
4 (i) give priority to an eligible entity
5 that—
6 (I) is located and operates in the
7 United States;
8 (II) is owned by a United States
9 entity;
10 (III) deploys North American-
11 owned intellectual property and con-
12 tent;
13 (IV) represents consortia or in-
14 dustry partnerships; and
15 (V)(aa) if the eligible entity will
16 use the grant for advanced battery
17 component manufacturing, will not
18 use battery material supplied by or
19 originating from a foreign entity of
20 concern; or
21 (bb) if the eligible entity will use
22 the grant for battery recycling, will
23 not export recovered critical materials
pamtmann on DSKBC07HB2PROD with BILLS
24 to a foreign entity of concern; and
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
127
1 (ii) take into consideration whether a
2 project—
3 (I) provides workforce opportuni-
4 ties in low- and moderate-income or
5 rural communities;
6 (II) provides workforce opportu-
7 nities in communities that have lost
8 jobs due to the displacements of fossil
9 energy jobs;
10 (III) encourages partnership with
11 universities and laboratories to spur
12 innovation and drive down costs;
13 (IV) partners with Indian Tribes;
14 (V) takes into account—
15 (aa) greenhouse gas emis-
16 sions reductions and energy effi-
17 cient battery material processing
18 opportunities throughout the
19 manufacturing process; and
20 (bb) supply chain logistics;
21 and
22 (VI) utilizes feedstock produced
23 in the United States.
pamtmann on DSKBC07HB2PROD with BILLS
24 (4) AUTHORIZATION OF APPROPRIATIONS.—
25 There is authorized to be appropriated to the Sec-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
128
1 retary to carry out the program $3,000,000,000 for
2 the period of fiscal years 2022 through 2026, to re-
3 main available until expended.
4 (d) REPORTING REQUIREMENTS.—Not later than 1
5 year after the date of enactment of this Act, and annually
6 thereafter, the Secretary shall submit to Congress a report
7 on the grant programs established under subsections (b)
8 and (c), including, with respect to each grant program,
9 a description of—
10 (1) the number of grant applications received;
11 (2) the number of grants awarded and the
12 amount of each award;
13 (3) the purpose and status of each project car-
14 ried out using a grant; and
15 (4) any other information the Secretary deter-
16 mines necessary.
17 (e) LITHIUM-ION BATTERY RECYCLING PRIZE COM-
18 PETITION.—
19 (1) IN GENERAL.—The Secretary shall continue
20 to carry out the Lithium-Ion Battery Recycling
21 Prize Competition of the Department established
22 pursuant to section 24 of the Stevenson-Wydler
23 Technology Innovation Act of 1980 (15 U.S.C.
pamtmann on DSKBC07HB2PROD with BILLS
24 3719) (referred to in this subsection as the ‘‘com-
25 petition’’).
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
129
1 (2) AUTHORIZATION OF APPROPRIATIONS FOR
2 PILOT PROJECTS.—
3 (A) IN GENERAL.—There is authorized to
4 be appropriated to the Secretary to carry out
5 Phase III of the competition, $10,000,000 for
6 fiscal year 2022, to remain available until ex-
7 pended.
8 (B) USE OF FUNDS.—The Secretary may
9 use amounts made available under subpara-
10 graph (A)—
11 (i) to increase the number of winners
12 of Phase III of the competition;
13 (ii) to increase the amount awarded to
14 each winner of Phase III of the competi-
15 tion; and
16 (iii) to carry out any other activity
17 that is consistent with the goals of Phase
18 III of the competition, as determined by
19 the Secretary.
20 (f) BATTERY AND CRITICAL MINERAL RECYCLING.—
21 (1) DEFINITIONS.—In this subsection:
22 (A) ADMINISTRATOR.—The term ‘‘Admin-
23 istrator’’ means the Administrator of the Envi-
pamtmann on DSKBC07HB2PROD with BILLS
24 ronmental Protection Agency.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
130
1 (B) BATTERY.—The term ‘‘battery’’ means
2 a device that—
3 (i) consists of 1 or more electro-
4 chemical cells that are electrically con-
5 nected; and
6 (ii) is designed to store and deliver
7 electric energy.
8 (C) BATTERY PRODUCER.—The term ‘‘bat-
9 tery producer’’ means, with respect to a covered
10 battery or covered battery-containing product
11 that is sold, offered for sale, or distributed for
12 sale in the United States, including through re-
13 tail, wholesale, business-to-business, and online
14 sale, the following applicable entity:
15 (i) A person who—
16 (I) manufactures the covered bat-
17 tery or covered battery-containing
18 product; and
19 (II) sells or offers for sale the
20 covered battery or covered battery-
21 containing product under the brand of
22 that person.
23 (ii) If there is no person described in
pamtmann on DSKBC07HB2PROD with BILLS
24 clause (i) with respect to the covered bat-
25 tery or covered battery-containing product,
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
131
1 the owner or licensee of the brand under
2 which the covered battery or covered bat-
3 tery-containing product is sold, offered for
4 sale, or distributed, regardless of whether
5 the trademark of the brand is registered.
6 (iii) If there is no person described in
7 clause (i) or (ii) with respect to the covered
8 battery or covered battery-containing prod-
9 uct, a person that imports the covered bat-
10 tery or covered battery-containing product
11 into the United States for sale or distribu-
12 tion.
13 (D) COVERED BATTERY.—The term ‘‘cov-
14 ered battery’’ means a new or unused primary
15 battery or rechargeable battery.
16 (E) COVERED BATTERY-CONTAINING
17 PRODUCT.—The term ‘‘covered battery-con-
18 taining product’’ means a new or unused prod-
19 uct that contains or is packaged with a primary
20 battery or rechargeable battery.
21 (F) CRITICAL MINERAL.—The term ‘‘crit-
22 ical mineral’’ has the meaning given the term in
23 section 7002(a) of the Energy Act of 2020 (30
pamtmann on DSKBC07HB2PROD with BILLS
24 U.S.C. 1606(a)).
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
132
1 (G) PRIMARY BATTERY.—The term ‘‘pri-
2 mary battery’’ means a nonrechargeable battery
3 that weighs not more than 4.4 pounds, includ-
4 ing an alkaline, carbon-zinc, and lithium metal
5 battery.
6 (H) RECHARGEABLE BATTERY.—
7 (i) IN GENERAL.—The term ‘‘re-
8 chargeable battery’’ means a battery
9 that—
10 (I) contains 1 or more voltaic or
11 galvanic cells that are electrically con-
12 nected to produce electric energy;
13 (II) is designed to be recharged;
14 (III) weighs not more than 11
15 pounds; and
16 (IV) has a watt-hour rating of
17 not more than 300 watt-hours.
18 (ii) EXCLUSIONS.—The term ‘‘re-
19 chargeable battery’’ does not include a bat-
20 tery that—
21 (I) contains electrolyte as a free
22 liquid; or
23 (II) employs lead-acid technology,
pamtmann on DSKBC07HB2PROD with BILLS
24 unless that battery is sealed and does
25 not contain electrolyte as a free liquid.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
133
1 (I) RECYCLING.—The term ‘‘recycling’’
2 means the series of activities—
3 (i) during which recyclable materials
4 are processed into specification-grade com-
5 modities, and consumed as raw-material
6 feedstock, in lieu of virgin materials, in the
7 manufacturing of new products;
8 (ii) that may include collection, proc-
9 essing, and brokering; and
10 (iii) that result in subsequent con-
11 sumption by a materials manufacturer, in-
12 cluding for the manufacturing of new prod-
13 ucts.
14 (2) BATTERY RECYCLING RESEARCH, DEVELOP-
15 MENT, AND DEMONSTRATION GRANTS.—
16 (A) IN GENERAL.—The Secretary, in co-
17 ordination with the Administrator, shall award
18 multiyear grants to eligible entities for research,
19 development, and demonstration projects to cre-
20 ate innovative and practical approaches to in-
21 crease the reuse and recycling of batteries, in-
22 cluding by addressing—
23 (i) recycling activities;
pamtmann on DSKBC07HB2PROD with BILLS
24 (ii) the development of methods to
25 promote the design and production of bat-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
134
1 teries that take into full account and facili-
2 tate the dismantling, reuse, recovery, and
3 recycling of battery components and mate-
4 rials;
5 (iii) strategies to increase consumer
6 acceptance of, and participation in, the re-
7 cycling of batteries;
8 (iv) the extraction or recovery of crit-
9 ical minerals from batteries that are recy-
10 cled;
11 (v) the integration of increased quan-
12 tities of recycled critical minerals in bat-
13 teries and other products to develop mar-
14 kets for recycled battery materials and
15 critical minerals;
16 (vi) safe disposal of waste materials
17 and components recovered during the recy-
18 cling process;
19 (vii) the protection of the health and
20 safety of all persons involved in, or in
21 proximity to, recycling and reprocessing
22 activities, including communities located
23 near recycling and materials reprocessing
pamtmann on DSKBC07HB2PROD with BILLS
24 facilities;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
135
1 (viii) mitigation of environmental im-
2 pacts that arise from recycling batteries,
3 including disposal of toxic reagents and by-
4 products related to recycling processes;
5 (ix) protection of data privacy associ-
6 ated with collected covered battery-con-
7 taining products;
8 (x) the optimization of the value of
9 material derived from recycling batteries;
10 and
11 (xi) the cost-effectiveness and benefits
12 of the reuse and recycling of batteries and
13 critical minerals.
14 (B) ELIGIBLE ENTITIES.—The Secretary,
15 in coordination with the Administrator, may
16 award a grant under subparagraph (A) to—
17 (i) an institution of higher education;
18 (ii) a National Laboratory;
19 (iii) a Federal research agency;
20 (iv) a State research agency;
21 (v) a nonprofit organization;
22 (vi) an industrial entity;
23 (vii) a manufacturing entity;
pamtmann on DSKBC07HB2PROD with BILLS
24 (viii) a private battery-collection enti-
25 ty;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
136
1 (ix) an entity operating 1 or more
2 battery recycling activities;
3 (x) a State or municipal government
4 entity;
5 (xi) a battery producer;
6 (xii) a battery retailer; or
7 (xiii) a consortium of 2 or more enti-
8 ties described in clauses (i) through (xii).
9 (C) APPLICATIONS.—
10 (i) IN GENERAL.—To be eligible to re-
11 ceive a grant under subparagraph (A), an
12 eligible entity described in subparagraph
13 (B) shall submit to the Secretary an appli-
14 cation at such time, in such manner, and
15 containing such information as the Sec-
16 retary may require.
17 (ii) CONTENTS.—An application sub-
18 mitted under clause (i) shall describe how
19 the project will promote collaboration
20 among—
21 (I) battery producers and manu-
22 facturers;
23 (II) battery material and equip-
pamtmann on DSKBC07HB2PROD with BILLS
24 ment manufacturers;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
137
1 (III) battery recyclers, collectors,
2 and refiners; and
3 (IV) retailers.
4 (D) AUTHORIZATION OF APPROPRIA-
5 TIONS.—There is authorized to be appropriated
6 to the Secretary to carry out this paragraph
7 $60,000,000 for the period of fiscal years 2022
8 through 2026.
9 (3) STATE AND LOCAL PROGRAMS.—
10 (A) IN GENERAL.—The Secretary, in co-
11 ordination with the Administrator, shall estab-
12 lish a program under which the Secretary shall
13 award grants, on a competitive basis, to States
14 and units of local government to assist in the
15 establishment or enhancement of State battery
16 collection, recycling, and reprocessing programs.
17 (B) NON-FEDERAL COST SHARE.—The
18 non-Federal share of the cost of a project car-
19 ried out using a grant under this paragraph
20 shall be 50 percent of the cost of the project.
21 (C) REPORT.—Not later than 2 years after
22 the date of enactment of this Act, and annually
23 thereafter, the Secretary shall submit to Con-
pamtmann on DSKBC07HB2PROD with BILLS
24 gress a report that describes the number of bat-
25 tery collection points established or enhanced,
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
138
1 an estimate of jobs created, and the quantity of
2 material collected as a result of the grants
3 awarded under subparagraph (A).
4 (D) AUTHORIZATION OF APPROPRIA-
5 TIONS.—There is authorized to be appropriated
6 to the Secretary to carry out this paragraph
7 $50,000,000 for the period of fiscal years 2022
8 through 2026.
9 (4) RETAILERS AS COLLECTION POINTS.—
10 (A) IN GENERAL.—The Secretary shall
11 award grants, on a competitive basis, to retail-
12 ers that sell covered batteries or covered bat-
13 tery-containing products to establish and imple-
14 ment a system for the acceptance and collection
15 of covered batteries and covered battery-con-
16 taining products, as applicable, for reuse, recy-
17 cling, or proper disposal.
18 (B) COLLECTION SYSTEM.—A system de-
19 scribed in subparagraph (A) shall include take-
20 back of covered batteries—
21 (i) at no cost to the consumer; and
22 (ii) on a regular, convenient, and ac-
23 cessible basis.
pamtmann on DSKBC07HB2PROD with BILLS
24 (C) AUTHORIZATION OF APPROPRIA-
25 TIONS.—There is authorized to be appropriated
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
139
1 to the Secretary to carry out this paragraph
2 $15,000,000 for the period of fiscal years 2022
3 through 2026.
4 (5) TASK FORCE ON PRODUCER RESPONSIBIL-
5 ITIES.—
6 (A) IN GENERAL.—The Secretary, in co-
7 ordination with the Administrator, shall con-
8 vene a task force to develop an extended battery
9 producer responsibility framework that—
10 (i) addresses battery recycling goals,
11 cost structures for mandatory recycling, re-
12 porting requirements, product design, col-
13 lection models, and transportation of col-
14 lected materials;
15 (ii) provides sufficient flexibility to
16 allow battery producers to determine cost-
17 effective strategies for compliance with the
18 framework; and
19 (iii) outlines regulatory pathways for
20 effective recycling.
21 (B) TASK FORCE MEMBERS.—Members of
22 the task force convened under subparagraph
23 (A) shall include—
pamtmann on DSKBC07HB2PROD with BILLS
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
140
1 (i) battery producers, manufacturers,
2 retailers, recyclers, and collectors or proc-
3 essors;
4 (ii) States and municipalities; and
5 (iii) other relevant stakeholders, such
6 as environmental, energy, or consumer or-
7 ganizations, as determined by the Sec-
8 retary.
9 (C) REPORT.—Not later than 1 year after
10 the date on which the Secretary, in coordination
11 with Administrator, convenes the task force
12 under subparagraph (A), the Secretary shall
13 submit to Congress a report that—
14 (i) describes the extended producer re-
15 sponsibility framework developed by the
16 task force;
17 (ii) includes the recommendations of
18 the task force on how best to implement a
19 mandatory pay-in or other enforcement
20 mechanism to ensure that battery pro-
21 ducers and sellers are contributing to the
22 recycling of batteries; and
23 (iii) suggests regulatory pathways for
pamtmann on DSKBC07HB2PROD with BILLS
24 effective recycling.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
141
1 (6) EFFECT ON MERCURY-CONTAINING AND RE-
2 CHARGEABLE BATTERY MANAGEMENT ACT.—Noth-
3 ing in this subsection, or any regulation, guideline,
4 framework, or policy adopted or promulgated pursu-
5 ant to this subsection, shall modify or otherwise af-
6 fect the provisions of the Mercury-Containing and
7 Rechargeable Battery Management Act (42 U.S.C.
8 14301 et seq.).
9 SEC. 2008. ELECTRIC DRIVE VEHICLE BATTERY RECYCLING
10 AND SECOND-LIFE APPLICATIONS PROGRAM.
11 Section 641 of the Energy Independence and Security
12 Act of 2007 (42 U.S.C. 17231) is amended—
13 (1) by striking subsection (k) and inserting the
14 following:
15 ‘‘(k) ELECTRIC DRIVE VEHICLE BATTERY SECOND-
16 LIFE APPLICATIONS AND RECYCLING.—
17 ‘‘(1) DEFINITIONS.—In this subsection:
18 ‘‘(A) BATTERY RECYCLING AND SECOND-
19 LIFE APPLICATIONS PROGRAM.—The term ‘bat-
20 tery recycling and second-life applications pro-
21 gram’ means the electric drive vehicle battery
22 recycling and second-life applications program
23 established under paragraph (3).
pamtmann on DSKBC07HB2PROD with BILLS
24 ‘‘(B) CRITICAL MATERIAL.—The term
25 ‘critical material’ has the meaning given the
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
142
1 term in section 7002(a) of the Energy Act of
2 2020 (30 U.S.C. 1606(a)).
3 ‘‘(C) ECONOMICALLY DISTRESSED AREA.—
4 The term ‘economically distressed area’ means
5 an area described in section 301(a) of the Pub-
6 lic Works and Economic Development Act of
7 1965 (42 U.S.C. 3161(a)).
8 ‘‘(D) ELECTRIC DRIVE VEHICLE BAT-
9 TERY.—The term ‘electric drive vehicle battery’
10 means any battery that is a motive power
11 source for an electric drive vehicle.
12 ‘‘(E) ELIGIBLE ENTITY.—The term ‘eligi-
13 ble entity’ means an entity described in any of
14 paragraphs (1) through (5) of section 989(b) of
15 the Energy Policy Act of 2005 (42 U.S.C.
16 16353(b)).
17 ‘‘(2) PROGRAM.—The Secretary shall carry out
18 a program of research, development, and demonstra-
19 tion of—
20 ‘‘(A) second-life applications for electric
21 drive vehicle batteries that have been used to
22 power electric drive vehicles; and
23 ‘‘(B) technologies and processes for final
pamtmann on DSKBC07HB2PROD with BILLS
24 recycling and disposal of the devices described
25 in subparagraph (A).
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
143
1 ‘‘(3) ELECTRIC DRIVE VEHICLE BATTERY RECY-
2 CLING AND SECOND-LIFE APPLICATIONS.—
3 ‘‘(A) IN GENERAL.—In carrying out the
4 program under paragraph (2), the Secretary
5 shall establish an electric drive vehicle battery
6 recycling and second-life applications program
7 under which the Secretary shall—
8 ‘‘(i) award grants under subparagraph
9 (D); and
10 ‘‘(ii) carry out other activities in ac-
11 cordance with this paragraph.
12 ‘‘(B) PURPOSES.—The purposes of the
13 battery recycling and second-life applications
14 program are the following:
15 ‘‘(i) To improve the recycling rates
16 and second-use adoption rates of electric
17 drive vehicle batteries.
18 ‘‘(ii) To optimize the design and
19 adaptability of electric drive vehicle bat-
20 teries to make electric drive vehicle bat-
21 teries more easily recyclable.
22 ‘‘(iii) To establish alternative supply
23 chains for critical materials that are found
pamtmann on DSKBC07HB2PROD with BILLS
24 in electric drive vehicle batteries.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
144
1 ‘‘(iv) To reduce the cost of manufac-
2 turing, installation, purchase, operation,
3 and maintenance of electric drive vehicle
4 batteries.
5 ‘‘(v) To improve the environmental
6 impact of electric drive vehicle battery re-
7 cycling processes.
8 ‘‘(C) TARGETS.—In carrying out the bat-
9 tery recycling and second-life applications pro-
10 gram, the Secretary shall address near-term (up
11 to 2 years), mid-term (up to 5 years), and long-
12 term (up to 10 years) challenges to the recy-
13 cling of electric drive vehicle batteries.
14 ‘‘(D) GRANTS.—
15 ‘‘(i) IN GENERAL.—In carrying out
16 the battery recycling and second-life appli-
17 cations program, the Secretary shall award
18 multiyear grants on a competitive, merit-
19 reviewed basis to eligible entities—
20 ‘‘(I) to conduct research, develop-
21 ment, testing, and evaluation of solu-
22 tions to increase the rate and produc-
23 tivity of electric drive vehicle battery
pamtmann on DSKBC07HB2PROD with BILLS
24 recycling; and
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
145
1 ‘‘(II) for research, development,
2 and demonstration projects to create
3 innovative and practical approaches to
4 increase the recycling and second-use
5 of electric drive vehicle batteries, in-
6 cluding by addressing—
7 ‘‘(aa) technology to increase
8 the efficiency of electric drive ve-
9 hicle battery recycling and maxi-
10 mize the recovery of critical ma-
11 terials for use in new products;
12 ‘‘(bb) expanded uses for crit-
13 ical materials recovered from
14 electric drive vehicle batteries;
15 ‘‘(cc) product design and
16 construction to facilitate the dis-
17 assembly and recycling of electric
18 drive vehicle batteries;
19 ‘‘(dd) product design and
20 construction and other tools and
21 techniques to extend the lifecycle
22 of electric drive vehicle batteries,
23 including methods to promote the
pamtmann on DSKBC07HB2PROD with BILLS
24 safe second-use of electric drive
25 vehicle batteries;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
146
1 ‘‘(ee) strategies to increase
2 consumer acceptance of, and par-
3 ticipation in, the recycling of
4 electric drive vehicle batteries;
5 ‘‘(ff) improvements and
6 changes to electric drive vehicle
7 battery chemistries that include
8 ways to decrease processing costs
9 for battery recycling without sac-
10 rificing front-end performance;
11 ‘‘(gg) second-use of electric
12 drive vehicle batteries, including
13 in applications outside of the
14 automotive industry; and
15 ‘‘(hh) the commercialization
16 and scale-up of electric drive ve-
17 hicle battery recycling tech-
18 nologies.
19 ‘‘(ii) PRIORITY.—In awarding grants
20 under clause (i), the Secretary shall give
21 priority to projects that—
22 ‘‘(I) are located in geographically
23 diverse regions of the United States;
pamtmann on DSKBC07HB2PROD with BILLS
24 ‘‘(II) include business commer-
25 cialization plans that have the poten-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
147
1 tial for the recycling of electric drive
2 vehicle batteries at high volumes;
3 ‘‘(III) support the development of
4 advanced manufacturing technologies
5 that have the potential to improve the
6 competitiveness of the United States
7 in the international electric drive vehi-
8 cle battery manufacturing sector;
9 ‘‘(IV) provide the greatest poten-
10 tial to reduce costs for consumers and
11 promote accessibility and community
12 implementation of demonstrated tech-
13 nologies;
14 ‘‘(V) increase disclosure and
15 transparency of information to con-
16 sumers;
17 ‘‘(VI) support the development or
18 demonstration of projects in economi-
19 cally distressed areas; and
20 ‘‘(VII) support other relevant pri-
21 orities, as determined to be appro-
22 priate by the Secretary.
23 ‘‘(iii) SOLICITATION.—Not later than
pamtmann on DSKBC07HB2PROD with BILLS
24 90 days after the date of enactment of the
25 Energy Infrastructure Act, and annually
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
148
1 thereafter, the Secretary shall conduct a
2 national solicitation for applications for
3 grants described in clause (i).
4 ‘‘(iv) DISSEMINATION OF RESULTS.—
5 The Secretary shall publish the results of
6 the projects carried out through grants
7 awarded under clause (i) through—
8 ‘‘(I) best practices relating to
9 those grants, for use in the electric
10 drive vehicle battery manufacturing,
11 design, installation, refurbishing, or
12 recycling industries;
13 ‘‘(II) coordination with informa-
14 tion dissemination programs relating
15 to general recycling of electronic de-
16 vices; and
17 ‘‘(III) educational materials for
18 the public, produced in conjunction
19 with State and local governments or
20 nonprofit organizations, on the prob-
21 lems and solutions relating to the re-
22 cycling and second-life applications of
23 electric drive vehicle batteries.
pamtmann on DSKBC07HB2PROD with BILLS
24 ‘‘(E) COORDINATION WITH OTHER PRO-
25 GRAMS OF THE DEPARTMENT.—In carrying out
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
149
1 the battery recycling and second-life applica-
2 tions program, the Secretary shall coordinate
3 and leverage the resources of complementary ef-
4 forts of the Department.
5 ‘‘(F) STUDY AND REPORT.—
6 ‘‘(i) STUDY.—The Secretary shall con-
7 duct a study on the viable market opportu-
8 nities available for the recycling, second-
9 use, and manufacturing of electric drive
10 vehicle batteries in the United States.
11 ‘‘(ii) REPORT.—Not later than 1 year
12 after the date of enactment of the Energy
13 Infrastructure Act, the Secretary shall sub-
14 mit to the Committee on Energy and Nat-
15 ural Resources of the Senate, the Com-
16 mittee on Science, Space, and Technology
17 of the House of Representatives, and any
18 other relevant committee of Congress a re-
19 port containing the results of the study
20 under clause (i), including a description
21 of—
22 ‘‘(I) the ability of relevant busi-
23 nesses or other entities to competi-
pamtmann on DSKBC07HB2PROD with BILLS
24 tively manufacture electric drive vehi-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
150
1 cle batteries and recycle electric drive
2 vehicle batteries in the United States;
3 ‘‘(II) any existing electric drive
4 vehicle battery recycling and second-
5 use practices and plans of electric
6 drive vehicle manufacturing companies
7 in the United States;
8 ‘‘(III) any barriers to electric
9 drive vehicle battery recycling in the
10 United States;
11 ‘‘(IV) opportunities and barriers
12 in electric drive vehicle battery supply
13 chains in the United States and inter-
14 nationally, including with allies and
15 trading partners;
16 ‘‘(V) opportunities for job cre-
17 ation in the electric drive vehicle bat-
18 tery recycling and manufacturing
19 fields and the necessary skills employ-
20 ees must acquire for growth of those
21 fields in the United States;
22 ‘‘(VI) policy recommendations for
23 enhancing electric drive vehicle bat-
pamtmann on DSKBC07HB2PROD with BILLS
24 tery manufacturing and recycling in
25 the United States;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
151
1 ‘‘(VII) any recommendations for
2 lowering logistics costs and creating
3 better coordination and efficiency with
4 respect to the removal, collection,
5 transportation, storage, and dis-
6 assembly of electric drive vehicle bat-
7 teries;
8 ‘‘(VIII) any recommendations for
9 areas of coordination with other Fed-
10 eral agencies to improve electric drive
11 vehicle battery recycling rates in the
12 United States;
13 ‘‘(IX) an aggressive 2-year target
14 and plan, the implementation of which
15 shall begin during the 90-day period
16 beginning on the date on which the
17 report is submitted, to enhance the
18 competitiveness of electric drive vehi-
19 cle battery manufacturing and recy-
20 cling in the United States; and
21 ‘‘(X) needs for future research,
22 development, and demonstration
23 projects in electric drive vehicle bat-
pamtmann on DSKBC07HB2PROD with BILLS
24 tery manufacturing, recycling, and re-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
152
1 lated areas, as determined by the Sec-
2 retary.
3 ‘‘(G) EVALUATION.—Not later than 3
4 years after the date on which the report under
5 subparagraph (F)(ii) is submitted, and every 4
6 years thereafter, the Secretary shall conduct,
7 and make available to the public and the rel-
8 evant committees of Congress, an independent
9 review of the progress of the grants awarded
10 under subparagraph (D) in meeting the rec-
11 ommendations and targets included in the re-
12 port.’’; and
13 (2) in subsection (p), by striking paragraph (6)
14 and inserting the following:
15 ‘‘(6) the electric drive vehicle battery recycling
16 and second-life applications program under sub-
17 section (k) $200,000,000 for the period of fiscal
18 years 2022 through 2026.’’.
19 SEC. 2009. ADVANCED ENERGY MANUFACTURING AND RE-
20 CYCLING GRANT PROGRAM.
21 (a) DEFINITIONS.—In this section:
22 (1) ADVANCED ENERGY PROPERTY.—The term
23 ‘‘advanced energy property’’ means—
pamtmann on DSKBC07HB2PROD with BILLS
24 (A) property designed to be used to
25 produce energy from the sun, water, wind, geo-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
153
1 thermal or hydrothermal (as those terms are
2 defined in section 612 of the Energy Independ-
3 ence and Security Act of 2007 (42 U.S.C.
4 17191)) resources, enhanced geothermal sys-
5 tems (as defined in that section), or other re-
6 newable resources;
7 (B) fuel cells, microturbines, or energy
8 storage systems and components;
9 (C) electric grid modernization equipment
10 or components;
11 (D) property designed to capture, remove,
12 use, or sequester carbon oxide emissions;
13 (E) equipment designed to refine,
14 electrolyze, or blend any fuel, chemical, or prod-
15 uct that is—
16 (i) renewable; or
17 (ii) low-carbon and low-emission;
18 (F) property designed to produce energy
19 conservation technologies (including for residen-
20 tial, commercial, and industrial applications);
21 (G)(i) light-, medium-, or heavy-duty elec-
22 tric or fuel cell vehicles, electric or fuel cell loco-
23 motives, electric or fuel cell maritime vessels, or
pamtmann on DSKBC07HB2PROD with BILLS
24 electric or fuel cell planes;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
154
1 (ii) technologies, components, and mate-
2 rials of those vehicles, locomotives, maritime
3 vessels, or planes; and
4 (iii) charging or refueling infrastructure
5 associated with those vehicles, locomotives, mar-
6 itime vessels, or planes;
7 (H)(i) hybrid vehicles with a gross vehicle
8 weight rating of not less than 14,000 pounds;
9 and
10 (ii) technologies, components, and mate-
11 rials for those vehicles; and
12 (I) other advanced energy property de-
13 signed to reduce greenhouse gas emissions, as
14 may be determined by the Secretary.
15 (2) COVERED CENSUS TRACT.—The term ‘‘cov-
16 ered census tract’’ means a census tract—
17 (A) in which, after December 31, 1999, a
18 coal mine had closed;
19 (B) in which, after December 31, 2009, a
20 coal-fired electricity generating unit had been
21 retired; or
22 (C) that is immediately adjacent to a cen-
23 sus tract described in subparagraph (A) or (B).
pamtmann on DSKBC07HB2PROD with BILLS
24 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
25 ty’’ means a manufacturing firm—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
155
1 (A) the gross annual sales of which are
2 less than $100,000,000;
3 (B) that has fewer than 500 employees at
4 the plant site of the manufacturing firm; and
5 (C) the annual energy bills of which total
6 more than $100,000 but less than $2,500,000.
7 (4) MINORITY-OWNED.—The term ‘‘minority-
8 owned’’, with respect to an eligible entity, means an
9 eligible entity not less than 51 percent of which is
10 owned by 1 or more individuals who are—
11 (A) citizens of the United States; and
12 (B) Asian American, Native Hawaiian, Pa-
13 cific Islander, African American, Hispanic,
14 Puerto Rican, Native American, or Alaska Na-
15 tive.
16 (5) PROGRAM.—The term ‘‘Program’’ means
17 the grant program established under subsection (b).
18 (6) QUALIFYING ADVANCED ENERGY
19 PROJECT.—The term ‘‘qualifying advanced energy
20 project’’ means a project that—
21 (A)(i) re-equips, expands, or establishes a
22 manufacturing or recycling facility for the pro-
23 duction or recycling, as applicable, of advanced
pamtmann on DSKBC07HB2PROD with BILLS
24 energy property; or
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
156
1 (ii) re-equips an industrial or manufac-
2 turing facility with equipment designed to re-
3 duce the greenhouse gas emissions of that facil-
4 ity substantially below the greenhouse gas emis-
5 sions under current best practices, as deter-
6 mined by the Secretary, through the installation
7 of—
8 (I) low- or zero-carbon process heat
9 systems;
10 (II) carbon capture, transport, utiliza-
11 tion, and storage systems;
12 (III) technology relating to energy ef-
13 ficiency and reduction in waste from indus-
14 trial processes; or
15 (IV) any other industrial technology
16 that significantly reduces greenhouse gas
17 emissions, as determined by the Secretary;
18 (B) has a reasonable expectation of com-
19 mercial viability, as determined by the Sec-
20 retary; and
21 (C) is located in a covered census tract.
22 (b) ESTABLISHMENT.—Not later than 180 days after
23 the date of enactment of this Act, the Secretary shall es-
pamtmann on DSKBC07HB2PROD with BILLS
24 tablish a program to award grants to eligible entities to
25 carry out qualifying advanced energy projects.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
157
1 (c) APPLICATIONS.—
2 (1) IN GENERAL.—Each eligible entity seeking
3 a grant under the Program shall submit to the Sec-
4 retary an application at such time, in such manner,
5 and containing such information as the Secretary
6 may require, including a description of the proposed
7 qualifying advanced energy project to be carried out
8 using the grant.
9 (2) SELECTION CRITERIA.—
10 (A) PROJECTS.—In selecting eligible enti-
11 ties to receive grants under the Program, the
12 Secretary shall, with respect to the qualifying
13 advanced energy projects proposed by the eligi-
14 ble entities, give higher priority to projects
15 that—
16 (i) will provide higher net impact in
17 avoiding or reducing anthropogenic emis-
18 sions of greenhouse gases;
19 (ii) will result in a higher level of do-
20 mestic job creation (both direct and indi-
21 rect) during the lifetime of the project;
22 (iii) will result in a higher level of job
23 creation in the vicinity of the project, par-
pamtmann on DSKBC07HB2PROD with BILLS
24 ticularly with respect to—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
158
1 (I) low-income communities (as
2 described in section 45D(e) of the In-
3 ternal Revenue Code of 1986); and
4 (II) dislocated workers who were
5 previously employed in manufacturing,
6 coal power plants, or coal mining;
7 (iv) have higher potential for techno-
8 logical innovation and commercial deploy-
9 ment;
10 (v) have a lower levelized cost of—
11 (I) generated or stored energy; or
12 (II) measured reduction in en-
13 ergy consumption or greenhouse gas
14 emission (based on costs of the full
15 supply chain); and
16 (vi) have a shorter project time.
17 (B) ELIGIBLE ENTITIES.—In selecting eli-
18 gible entities to receive grants under the Pro-
19 gram, the Secretary shall give priority to eligi-
20 ble entities that are minority-owned.
21 (d) PROJECT COMPLETION AND LOCATION; RETURN
22 OF UNOBLIGATED FUNDS.—
23 (1) COMPLETION; RETURN OF UNOBLIGATED
pamtmann on DSKBC07HB2PROD with BILLS
24 FUNDS.—An eligible entity that receives a grant
25 under the Program shall be required—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
159
1 (A) to complete the qualifying advanced
2 energy project funded by the grant not later
3 than 3 years after the date of receipt of the
4 grant funds; and
5 (B) to return to the Secretary any grant
6 funds that remain unobligated at the end of
7 that 3-year period.
8 (2) LOCATION.—If the Secretary determines
9 that an eligible entity awarded a grant under the
10 Program has carried out the applicable qualifying
11 advanced energy project at a location that is materi-
12 ally different from the location specified in the appli-
13 cation for the grant, the eligible entity shall be re-
14 quired to return the grant funds to the Secretary.
15 (e) TECHNICAL ASSISTANCE.—
16 (1) IN GENERAL.—Not later than 180 days
17 after the date of enactment of this Act, the Sec-
18 retary shall provide technical assistance on a selec-
19 tive basis to eligible entities that are seeking a grant
20 under the Program to enhance the impact of the
21 qualifying advanced energy project to be carried out
22 using the grant with respect to the selection criteria
23 described in subsection (c)(2)(A).
pamtmann on DSKBC07HB2PROD with BILLS
24 (2) APPLICATIONS.—An eligible entity desiring
25 technical assistance under paragraph (1) shall sub-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
160
1 mit to the Secretary an application at such time, in
2 such manner, and containing such information as
3 the Secretary may require.
4 (3) FACTORS FOR CONSIDERATION.—In select-
5 ing eligible entities for technical assistance under
6 paragraph (1), the Secretary shall give higher pri-
7 ority to eligible entities that propose a qualifying ad-
8 vanced energy project that has greater potential for
9 enhancement of the impact of the project with re-
10 spect to the selection criteria described in subsection
11 (c)(2)(A).
12 (f) PUBLICATION OF GRANTS.—The Secretary shall
13 make publicly available the identity of each eligible entity
14 awarded a grant under the Program and the amount of
15 the grant.
16 (g) REPORT.—Not later than 4 years after the date
17 of enactment this Act, the Secretary shall—
18 (1) review the grants awarded under the Pro-
19 gram; and
20 (2) submit to the Committee on Energy and
21 Natural Resources of the Senate and the Committee
22 on Energy and Commerce of the House of Rep-
23 resentatives a report describing those grants.
pamtmann on DSKBC07HB2PROD with BILLS
24 (h) AUTHORIZATION OF APPROPRIATIONS.—There is
25 authorized to be appropriated to the Secretary to carry
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
161
1 out the Program $750,000,000 for the period of fiscal
2 years 2022 through 2026.
3 SEC. 2010. CRITICAL MINERALS MINING AND RECYCLING
4 RESEARCH.
5 (a) DEFINITIONS.—In this section:
6 (1) CRITICAL MINERAL.—The term ‘‘critical
7 mineral’’ has the meaning given the term in section
8 7002(a) of the Energy Act of 2020 (30 U.S.C.
9 1606(a)).
10 (2) CRITICAL MINERALS AND METALS.—The
11 term ‘‘critical minerals and metals’’ includes any
12 host mineral of a critical mineral.
13 (3) DIRECTOR.—The term ‘‘Director’’ means
14 the Director of the Foundation.
15 (4) END-TO-END.—The term ‘‘end-to-end’’,
16 with respect to the integration of mining or life cycle
17 of minerals, means the integrated approach of, or
18 the lifecycle determined by, examining the research
19 and developmental process from the mining of the
20 raw minerals to its processing into useful materials,
21 its integration into components and devices, the uti-
22 lization of such devices in the end-use application to
23 satisfy certain performance metrics, and the recy-
pamtmann on DSKBC07HB2PROD with BILLS
24 cling or disposal of such devices.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
162
1 (5) FOREIGN ENTITY OF CONCERN.—The term
2 ‘‘foreign entity of concern’’ means a foreign entity
3 that is—
4 (A) designated as a foreign terrorist orga-
5 nization by the Secretary of State under section
6 219(a) of the Immigration and Nationality Act
7 (8 U.S.C. 1189(a));
8 (B) included on the list of specially des-
9 ignated nationals and blocked persons main-
10 tained by the Office of Foreign Assets Control
11 of the Department of the Treasury (commonly
12 known as the SDN list);
13 (C) owned by, controlled by, or subject to
14 the jurisdiction or direction of a government of
15 a foreign country that is a covered nation (as
16 defined in section 2533c(d) of title 10, United
17 States Code);
18 (D) alleged by the Attorney General to
19 have been involved in activities for which a con-
20 viction was obtained under—
21 (i) chapter 37 of title 18, United
22 States Code (commonly known as the ‘‘Es-
23 pionage Act’’);
pamtmann on DSKBC07HB2PROD with BILLS
24 (ii) section 951 or 1030 of title 18,
25 United States Code;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
163
1 (iii) chapter 90 of title 18, United
2 States Code (commonly known as the
3 ‘‘Economic Espionage Act of 1996)’’;
4 (iv) the Arms Export Control Act (22
5 U.S.C. 2751 et seq.);
6 (v) section 224, 225, 226, 227, or 236
7 of the Atomic Energy Act of 1954 (42
8 U.S.C. 2274, 2275, 2276, 2277, and
9 2284);
10 (vi) the Export Control Reform Act of
11 2018 (50 U.S.C. 4801 et seq.); or
12 (vii) the International Emergency
13 Economic Powers Act (50 U.S.C. 1701 et
14 seq.); or
15 (E) determined by the Secretary of Com-
16 merce, in consultation with the Secretary of De-
17 fense and the Director of National Intelligence,
18 to be engaged in unauthorized conduct that is
19 detrimental to the national security or foreign
20 policy of the United States.
21 (6) FOUNDATION.—The term ‘‘Foundation’’
22 means the National Science Foundation.
23 (7) INSTITUTION OF HIGHER EDUCATION.—The
pamtmann on DSKBC07HB2PROD with BILLS
24 term ‘‘institution of higher education’’ has the
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
164
1 meaning given the term in section 101 of the Higher
2 Education Act of 1965 (20 U.S.C. 1001).
3 (8) NATIONAL LABORATORY.—The term ‘‘Na-
4 tional Laboratory’’ has the meaning given the term
5 in section 2 of the Energy Policy Act of 2005 (42
6 U.S.C. 15801).
7 (9) RECYCLING.—The term ‘‘recycling’’ means
8 the process of collecting and processing spent mate-
9 rials and devices and turning the materials and de-
10 vices into raw materials or components that can be
11 reused either partially or completely.
12 (10) SECONDARY RECOVERY.—The term ‘‘sec-
13 ondary recovery’’ means the recovery of critical min-
14 erals and metals from discarded end-use products or
15 from waste products produced during the metal re-
16 fining and manufacturing process, including from
17 mine waste piles, acid mine drainage sludge, or by-
18 products produced through legacy mining and metal-
19 lurgy activities.
20 (b) CRITICAL MINERALS MINING AND RECYCLING
21 RESEARCH AND DEVELOPMENT.—
22 (1) IN GENERAL.—In order to support supply
23 chain resiliency, the Secretary, in coordination with
pamtmann on DSKBC07HB2PROD with BILLS
24 the Director, shall issue awards, on a competitive
25 basis, to eligible entities described in paragraph (2)
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
165
1 to support basic research that will accelerate innova-
2 tion to advance critical minerals mining, recycling,
3 and reclamation strategies and technologies for the
4 purposes of—
5 (A) making better use of domestic re-
6 sources; and
7 (B) eliminating national reliance on min-
8 erals and mineral materials that are subject to
9 supply disruptions.
10 (2) ELIGIBLE ENTITIES.—Entities eligible to
11 receive an award under paragraph (1) are the fol-
12 lowing:
13 (A) Institutions of higher education.
14 (B) National Laboratories.
15 (C) Nonprofit organizations.
16 (D) Consortia of entities described in sub-
17 paragraphs (A) through (C), including consortia
18 that collaborate with private industry.
19 (3) USE OF FUNDS.—Activities funded by an
20 award under this section may include—
21 (A) advancing mining research and devel-
22 opment activities to develop new mapping and
23 mining technologies and techniques, including
pamtmann on DSKBC07HB2PROD with BILLS
24 advanced critical mineral extraction and pro-
25 duction—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
166
1 (i) to improve existing, or to develop
2 new, supply chains of critical minerals; and
3 (ii) to yield more efficient, economical,
4 and environmentally benign mining prac-
5 tices;
6 (B) advancing critical mineral processing
7 research activities to improve separation,
8 alloying, manufacturing, or recycling techniques
9 and technologies that can decrease the energy
10 intensity, waste, potential environmental im-
11 pact, and costs of those activities;
12 (C) advancing research and development of
13 critical minerals mining and recycling tech-
14 nologies that take into account the potential
15 end-uses and disposal of critical minerals, in
16 order to improve end-to-end integration of min-
17 ing and technological applications;
18 (D) conducting long-term earth observa-
19 tion of reclaimed mine sites, including the study
20 of the evolution of microbial diversity at those
21 sites;
22 (E) examining the application of artificial
23 intelligence for geological exploration of critical
pamtmann on DSKBC07HB2PROD with BILLS
24 minerals, including what size and diversity of
25 data sets would be required;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
167
1 (F) examining the application of machine
2 learning for detection and sorting of critical
3 minerals, including what size and diversity of
4 data sets would be required;
5 (G) conducting detailed isotope studies of
6 critical minerals and the development of more
7 refined geologic models; or
8 (H) providing training and research oppor-
9 tunities to undergraduate and graduate stu-
10 dents to prepare the next generation of mining
11 engineers and researchers.
12 (c) CRITICAL MINERALS INTERAGENCY SUB-
13 COMMITTEE.—
14 (1) IN GENERAL.—In order to support supply
15 chain resiliency, the Critical Minerals Subcommittee
16 of the National Science and Technology Council (re-
17 ferred to in this subsection as the ‘‘Subcommittee’’)
18 shall coordinate Federal science and technology ef-
19 forts to ensure secure and reliable supplies of critical
20 minerals to the United States.
21 (2) PURPOSES.—The purposes of the Sub-
22 committee shall be—
23 (A) to advise and assist the National
pamtmann on DSKBC07HB2PROD with BILLS
24 Science and Technology Council, including the
25 Committee on Homeland and National Security
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
168
1 of the National Science and Technology Coun-
2 cil, on United States policies, procedures, and
3 plans relating to critical minerals, including—
4 (i) Federal research, development, and
5 deployment efforts to optimize methods for
6 extractions, concentration, separation, and
7 purification of conventional, secondary,
8 and unconventional sources of critical min-
9 erals, including research that prioritizes
10 end-to-end integration of mining and recy-
11 cling techniques and the end-use target for
12 critical minerals;
13 (ii) efficient use and reuse of critical
14 minerals, including recycling technologies
15 for critical minerals and the reclamation of
16 critical minerals from components, such as
17 spent batteries;
18 (iii) addressing the technology transi-
19 tions between research or lab-scale mining
20 and recycling and commercialization of
21 these technologies;
22 (iv) the critical minerals workforce of
23 the United States; and
pamtmann on DSKBC07HB2PROD with BILLS
24 (v) United States private industry in-
25 vestments in innovation and technology
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
169
1 transfer from federally funded science and
2 technology;
3 (B) to identify emerging opportunities,
4 stimulate international cooperation, and foster
5 the development of secure and reliable supply
6 chains of critical minerals, including activities
7 relating to the reuse of critical minerals via re-
8 cycling;
9 (C) to ensure the transparency of informa-
10 tion and data related to critical minerals; and
11 (D) to provide recommendations on coordi-
12 nation and collaboration among the research,
13 development, and deployment programs and ac-
14 tivities of Federal agencies to promote a secure
15 and reliable supply of critical minerals nec-
16 essary to maintain national security, economic
17 well-being, and industrial production.
18 (3) RESPONSIBILITIES.—In carrying out para-
19 graphs (1) and (2), the Subcommittee may, taking
20 into account the findings and recommendations of
21 relevant advisory committees—
22 (A) provide recommendations on how Fed-
23 eral agencies may improve the topographic, geo-
pamtmann on DSKBC07HB2PROD with BILLS
24 logic, and geophysical mapping of the United
25 States and improve the discoverability, accessi-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
170
1 bility, and usability of the resulting and existing
2 data, to the extent permitted by law and subject
3 to appropriate limitation for purposes of privacy
4 and security;
5 (B) assess the progress toward developing
6 critical minerals recycling and reprocessing
7 technologies;
8 (C) assess the end-to-end lifecycle of crit-
9 ical minerals, including for mining, usage, recy-
10 cling, and end-use material and technology re-
11 quirements;
12 (D) examine, and provide recommenda-
13 tions for, options for accessing and developing
14 critical minerals through investment and trade
15 with allies and partners of the United States;
16 (E) evaluate and provide recommendations
17 to incentivize the development and use of ad-
18 vances in science and technology in the private
19 industry;
20 (F) assess the need for, and make rec-
21 ommendations to address, the challenges the
22 United States critical minerals supply chain
23 workforce faces, including—
pamtmann on DSKBC07HB2PROD with BILLS
24 (i) aging and retiring personnel and
25 faculty;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
171
1 (ii) public perceptions about the na-
2 ture of mining and mineral processing; and
3 (iii) foreign competition for United
4 States talent;
5 (G) develop, and update as necessary, a
6 strategic plan to guide Federal programs and
7 activities to enhance—
8 (i) scientific and technical capabilities
9 across critical mineral supply chains, in-
10 cluding a roadmap that identifies key re-
11 search and development needs and coordi-
12 nates ongoing activities for source diver-
13 sification, more efficient use, recycling, and
14 substitution for critical minerals; and
15 (ii) cross-cutting mining science, data
16 science techniques, materials science, man-
17 ufacturing science and engineering, com-
18 putational modeling, and environmental
19 health and safety research and develop-
20 ment; and
21 (H) report to the appropriate committees
22 of Congress on activities and findings under
23 this subsection.
pamtmann on DSKBC07HB2PROD with BILLS
24 (4) MANDATORY RESPONSIBILITIES.—In car-
25 rying out paragraphs (1) and (2), the Subcommittee
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
172
1 shall, taking into account the findings and rec-
2 ommendations of relevant advisory committees, iden-
3 tify and evaluate Federal policies and regulations
4 that restrict the mining of critical minerals.
5 (d) GRANT PROGRAM FOR PROCESSING OF CRITICAL
6 MINERALS AND DEVELOPMENT OF CRITICAL MINERALS
7 AND METALS.—
8 (1) ESTABLISHMENT.—The Secretary, in con-
9 sultation with the Director, the Secretary of the In-
10 terior, and the Secretary of Commerce, shall estab-
11 lish a grant program to finance pilot projects for—
12 (A) the processing or recycling of critical
13 minerals in the United States; or
14 (B) the development of critical minerals
15 and metals in the United States
16 (2) LIMITATION ON GRANT AWARDS.—A grant
17 awarded under paragraph (1) may not exceed
18 $10,000,000.
19 (3) ECONOMIC VIABILITY.—In awarding grants
20 under paragraph (1), the Secretary shall give pri-
21 ority to projects that the Secretary determines are
22 likely to be economically viable over the long term.
23 (4) SECONDARY RECOVERY.—In awarding
pamtmann on DSKBC07HB2PROD with BILLS
24 grants under paragraph (1), the Secretary shall seek
25 to award not less than 30 percent of the total
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
173
1 amount of grants awarded during the fiscal year for
2 projects relating to secondary recovery of critical
3 minerals and metals.
4 (5) DOMESTIC PRIORITY.—In awarding grants
5 for the development of critical minerals and metals
6 under paragraph (1)(B), the Secretary shall
7 prioritize pilot projects that will process the critical
8 minerals and metals domestically.
9 (6) PROHIBITION ON PROCESSING BY FOREIGN
10 ENTITY OF CONCERN.—In awarding grants under
11 paragraph (1), the Secretary shall ensure that pilot
12 projects do not export for processing any critical
13 minerals and metals to a foreign entity of concern.
14 (7) AUTHORIZATION OF APPROPRIATIONS.—
15 There is authorized to be appropriated to the Sec-
16 retary to carry out the grant program established
17 under paragraph (1) $100,000,000 for each of fiscal
18 years 2021 through 2024.
19 SEC. 2011. 21ST CENTURY ENERGY WORKFORCE ADVISORY
20 BOARD.
21 (a) ESTABLISHMENT.—The Secretary shall establish
22 a board, to be known as the ‘‘21st Century Energy Work-
23 force Advisory Board’’, to develop a strategy for the De-
pamtmann on DSKBC07HB2PROD with BILLS
24 partment that, with respect to the role of the Department
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
174
1 in the support and development of a skilled energy work-
2 force—
3 (1) meets the current and future industry and
4 labor needs of the energy sector;
5 (2) provides opportunities for students to be-
6 come qualified for placement in traditional energy
7 sector and emerging energy sector jobs;
8 (3) identifies areas in which the Department
9 can effectively utilize the technical expertise of the
10 Department to support the workforce activities of
11 other Federal agencies;
12 (4) strengthens and engages the workforce
13 training programs of the Department and the Na-
14 tional Laboratories in carrying out the Equity in
15 Energy Initiative of the Department and other De-
16 partment workforce priorities;
17 (5) develops plans to support and retrain dis-
18 placed and unemployed energy sector workers; and
19 (6) prioritizes education and job training for
20 underrepresented groups, including racial and ethnic
21 minorities, Indian Tribes, women, veterans, and
22 socioeconomically disadvantaged individuals.
23 (b) MEMBERSHIP.—
pamtmann on DSKBC07HB2PROD with BILLS
24 (1) IN GENERAL.—The Board shall be com-
25 posed of not fewer than 10 and not more than 15
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
175
1 members, with the initial members of the Board to
2 be appointed by the Secretary not later than 1 year
3 after the date of enactment of this Act.
4 (2) REQUIREMENT.—The Board shall include
5 not fewer than 1 representative of a labor organiza-
6 tion with significant energy experience who has been
7 nominated by a national labor federation.
8 (3) QUALIFICATIONS.—Each individual ap-
9 pointed to the Board under paragraph (1) shall have
10 expertise in—
11 (A) the field of economics or workforce de-
12 velopment;
13 (B) relevant traditional energy industries
14 or emerging energy industries, including energy
15 efficiency;
16 (C) secondary or postsecondary education;
17 (D) energy workforce development or ap-
18 prenticeship programs of States or units of
19 local government;
20 (E) relevant organized labor organizations;
21 or
22 (F) bringing underrepresented groups, in-
23 cluding racial and ethnic minorities, women,
pamtmann on DSKBC07HB2PROD with BILLS
24 veterans, and socioeconomically disadvantaged
25 individuals, into the workforce.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
176
1 (c) ADVISORY BOARD REVIEW AND RECOMMENDA-
2 TIONS.—
3 (1) DETERMINATION BY BOARD.—In developing
4 the strategy required under subsection (a), the
5 Board shall—
6 (A) determine whether there are opportuni-
7 ties to more effectively and efficiently use the
8 capabilities of the Department in the develop-
9 ment of a skilled energy workforce;
10 (B) identify ways in which the Department
11 could work with other relevant Federal agen-
12 cies, States, units of local government, institu-
13 tions of higher education, labor organizations,
14 Indian Tribes and tribal organizations, and in-
15 dustry in the development of a skilled energy
16 workforce, subject to applicable law;
17 (C) identify ways in which the Department
18 and National Laboratories can—
19 (i) increase outreach to minority-serv-
20 ing institutions; and
21 (ii) make resources available to in-
22 crease the number of skilled minorities and
23 women trained to go into the energy and
pamtmann on DSKBC07HB2PROD with BILLS
24 energy-related manufacturing sectors;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
177
1 (iii) increase outreach to displaced
2 and unemployed energy sector workers;
3 and
4 (iv) make resources available to pro-
5 vide training to displaced and unemployed
6 energy sector workers to reenter the en-
7 ergy workforce; and
8 (D)(i) identify the energy sectors in great-
9 est need of workforce training; and
10 (ii) in consultation with the Secretary of
11 Labor, develop recommendations for the skills
12 necessary to develop a workforce trained to
13 work in those energy sectors.
14 (2) REQUIRED ANALYSIS.—In developing the
15 strategy required under subsection (a), the Board
16 shall analyze the effectiveness of—
17 (A) existing Department-directed support;
18 and
19 (B) existing energy workforce training pro-
20 grams.
21 (3) REPORT.—
22 (A) IN GENERAL.—Not later than 1 year
23 after the date on which the Board is established
pamtmann on DSKBC07HB2PROD with BILLS
24 under this section, and biennially thereafter
25 until the date on which the Board is terminated
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
178
1 under subsection (f), the Board shall submit to
2 the Secretary a report containing, with respect
3 to the strategy required under subsection (a)—
4 (i) the findings of the Board; and
5 (ii) the proposed energy workforce
6 strategy of the Board.
7 (B) RESPONSE OF THE SECRETARY.—Not
8 later than 90 days after the date on which a re-
9 port is submitted to the Secretary under sub-
10 paragraph (A), the Secretary shall—
11 (i) submit to the Board a response to
12 the report that—
13 (I) describes whether the Sec-
14 retary approves or disapproves of each
15 recommendation of the Board under
16 subparagraph (A); and
17 (II) if the Secretary approves of
18 a recommendation, provides an imple-
19 mentation plan for the recommenda-
20 tion; and
21 (ii) submit to Congress—
22 (I) the report of the Board under
23 subparagraph (A); and
pamtmann on DSKBC07HB2PROD with BILLS
24 (II) the response of the Secretary
25 under clause (i).
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
179
1 (C) PUBLIC AVAILABILITY OF REPORT.—
2 (i) IN GENERAL.—The Board shall
3 make each report under subparagraph (A)
4 available to the public on the earlier of—
5 (I) the date on which the Board
6 receives the response of the Secretary
7 under subparagraph (B)(i); and
8 (II) the date that is 90 days
9 after the date on which the Board
10 submitted the report to the Secretary.
11 (ii) REQUIREMENT.—If the Board has
12 received a response to a report from the
13 Secretary under subparagraph (B)(i), the
14 Board shall make that response publicly
15 available with the applicable report.
16 (d) REPORT BY THE SECRETARY.—Not later than
17 180 days before the date of expiration of a term of the
18 Board under subsection (f), the Secretary shall submit to
19 the Committees on Energy and Natural Resources and
20 Appropriations of the Senate and the Committees on En-
21 ergy and Commerce and Appropriations of the House of
22 Representatives a report that—
23 (1) describes the effectiveness and accomplish-
pamtmann on DSKBC07HB2PROD with BILLS
24 ments of the Board during the applicable term;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
180
1 (2) contains a determination of the Secretary as
2 to whether the Board should be renewed; and
3 (3) if the Secretary determines that the Board
4 should be renewed, any recommendations as to
5 whether and how the scope and functions of the
6 Board should be modified.
7 (e) OUTREACH TO MINORITY-SERVING INSTITU-
8 TIONS, VETERANS, AND DISPLACED AND UNEMPLOYED
9 ENERGY WORKERS.—In developing the strategy under
10 subsection (a), the Board shall—
11 (1) give special consideration to increasing out-
12 reach to minority-serving institutions, veterans, and
13 displaced and unemployed energy workers;
14 (2) make resources available to—
15 (A) minority-serving institutions, with the
16 objective of increasing the number of skilled mi-
17 norities and women trained to go into the en-
18 ergy and manufacturing sectors;
19 (B) institutions that serve veterans, with
20 the objective of increasing the number veterans
21 in the energy industry by ensuring that vet-
22 erans have the credentials and training nec-
23 essary to secure careers in the energy industry;
pamtmann on DSKBC07HB2PROD with BILLS
24 and
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
181
1 (C) institutions that serve displaced and
2 unemployed energy workers to increase the
3 number of individuals trained for jobs in the
4 energy industry;
5 (3) encourage the energy industry to improve
6 the opportunities for students of minority-serving in-
7 stitutions, veterans, and displaced and unemployed
8 energy workers to participate in internships,
9 preapprenticeships, apprenticeships, and cooperative
10 work-study programs in the energy industry; and
11 (4) work with the National Laboratories to in-
12 crease the participation of underrepresented groups,
13 veterans, and displaced and unemployed energy
14 workers in internships, fellowships, training pro-
15 grams, and employment at the National Labora-
16 tories.
17 (f) TERM.—
18 (1) IN GENERAL.—Subject to paragraph (2),
19 the Board shall terminate on September 30, 2026.
20 (2) EXTENSIONS.—The Secretary may renew
21 the Board for 1 or more 5-year periods by submit-
22 ting, not later than the date described in subsection
23 (d), a report described in that subsection that con-
pamtmann on DSKBC07HB2PROD with BILLS
24 tains a determination by the Secretary that the
25 Board should be renewed.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
182
1 TITLE III—FUELS AND TECH-
2 NOLOGY INFRASTRUCTURE
3 INVESTMENTS
4 Subtitle A—Carbon Capture, Utili-
5 zation, Storage, and Transpor-
6 tation Infrastructure
7 SEC. 3001. FINDINGS.
8 Congress finds that—
9 (1) the industrial sector is integral to the econ-
10 omy of the United States—
11 (A) providing millions of jobs and essential
12 products; and
13 (B) demonstrating global leadership in
14 manufacturing and innovation;
15 (2) carbon capture and storage technologies are
16 necessary for reducing hard-to-abate emissions from
17 the industrial sector, which emits nearly 25 percent
18 of carbon dioxide emissions in the United States;
19 (3) carbon removal and storage technologies, in-
20 cluding direct air capture, must be deployed at
21 large-scale in the coming decades to remove carbon
22 dioxide directly from the atmosphere;
23 (4) large-scale deployment of carbon capture,
pamtmann on DSKBC07HB2PROD with BILLS
24 removal, utilization, transport, and storage—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
183
1 (A) is critical for achieving mid-century cli-
2 mate goals; and
3 (B) will drive regional economic develop-
4 ment, technological innovation, and high-wage
5 employment;
6 (5) carbon capture, removal, and utilization
7 technologies require a backbone system of shared
8 carbon dioxide transport and storage infrastructure
9 to enable large-scale deployment, realize economies
10 of scale, and create an interconnected carbon man-
11 agement market;
12 (6) carbon dioxide transport infrastructure and
13 permanent geological storage are proven and safe
14 technologies with existing Federal and State regu-
15 latory frameworks;
16 (7) carbon dioxide transport and storage infra-
17 structure share similar barriers to deployment pre-
18 viously faced by other types of critical national infra-
19 structure, such as high capital costs and chicken-
20 and-egg challenges, that require Federal and State
21 support, in combination with private investment, to
22 be overcome; and
23 (8) each State should take into consideration,
pamtmann on DSKBC07HB2PROD with BILLS
24 with respect to new carbon dioxide transportation in-
25 frastructure—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
184
1 (A) qualifying the infrastructure as pollu-
2 tion control devices under applicable laws (in-
3 cluding regulations) of the State; and
4 (B) establishing a waiver of ad valorem
5 and property taxes for the infrastructure for a
6 period of not less than 10 years.
7 SEC. 3002. CARBON UTILIZATION PROGRAM.
8 Section 969A of the Energy Policy Act of 2005 (42
9 U.S.C. 16298a) is amended—
10 (1) in subsection (a)—
11 (A) by redesignating paragraphs (3) and
12 (4) as paragraphs (4) and (5), respectively; and
13 (B) by inserting after paragraph (2) the
14 following:
15 ‘‘(3) to develop or obtain, in coordination with
16 other applicable Federal agencies and standard-set-
17 ting organizations, standards and certifications, as
18 appropriate, to facilitate the commercialization of
19 the products and technologies described in para-
20 graph (2);’’;
21 (2) in subsection (b)—
22 (A) by redesignating paragraph (2) as
23 paragraph (3);
pamtmann on DSKBC07HB2PROD with BILLS
24 (B) by inserting after paragraph (1) the
25 following:
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
185
1 ‘‘(2) GRANT PROGRAM.—
2 ‘‘(A) IN GENERAL.—Not later than 1 year
3 after the date of enactment of the Energy In-
4 frastructure Act, the Secretary shall establish a
5 program to provide grants to eligible entities to
6 use in accordance with subparagraph (D).
7 ‘‘(B) ELIGIBLE ENTITIES.—To be eligible
8 to receive a grant under this paragraph, an en-
9 tity shall be—
10 ‘‘(i) a State;
11 ‘‘(ii) a unit of local government; or
12 ‘‘(iii) a public utility or agency.
13 ‘‘(C) APPLICATIONS.—Eligible entities de-
14 siring a grant under this paragraph shall sub-
15 mit to the Secretary an application at such
16 time, in such manner, and containing such in-
17 formation as the Secretary determines to be ap-
18 propriate.
19 ‘‘(D) USE OF FUNDS.—An eligible entity
20 shall use a grant received under this paragraph
21 to procure and use commercial or industrial
22 products that—
23 ‘‘(i) use or are derived from anthropo-
pamtmann on DSKBC07HB2PROD with BILLS
24 genic carbon oxides; and
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
186
1 ‘‘(ii) demonstrate significant net re-
2 ductions in lifecycle greenhouse gas emis-
3 sions compared to incumbent technologies,
4 processes, and products.’’; and
5 (C) in paragraph (3) (as so redesignated),
6 by striking ‘‘paragraph (1)’’ and inserting ‘‘this
7 subsection’’; and
8 (3) by striking subsection (d) and inserting the
9 following:
10 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There
11 are authorized to be appropriated to the Secretary to carry
12 out this section—
13 ‘‘(1) $41,000,000 for fiscal year 2022;
14 ‘‘(2) $65,250,000 for fiscal year 2023;
15 ‘‘(3) $66,562,500 for fiscal year 2024;
16 ‘‘(4) $67,940,625 for fiscal year 2025; and
17 ‘‘(5) $69,387,656 for fiscal year 2026.’’.
18 SEC. 3003. CARBON CAPTURE TECHNOLOGY PROGRAM.
19 Section 962 of the Energy Policy Act of 2005 (42
20 U.S.C. 16292) is amended—
21 (1) in subsection (b)(2)—
22 (A) in subparagraph (C), by striking
23 ‘‘and’’ at the end;
pamtmann on DSKBC07HB2PROD with BILLS
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
187
1 (B) in subparagraph (D), by striking ‘‘pro-
2 gram.’’ and inserting ‘‘program for carbon cap-
3 ture technologies; and’’; and
4 (C) by adding at the end the following:
5 ‘‘(E) a front-end engineering and design
6 program for carbon dioxide transport infra-
7 structure necessary to enable deployment of
8 carbon capture, utilization, and storage tech-
9 nologies.’’; and
10 (2) in subsection (d)(1)—
11 (A) in subparagraph (C), by striking
12 ‘‘and’’ at the end;
13 (B) in subparagraph (D), by striking the
14 period at the end and inserting ‘‘; and’’; and
15 (C) by adding at the end the following:
16 ‘‘(E) for activities under the front-end en-
17 gineering and design program described in sub-
18 section (b)(2)(E), $100,000,000 for the period
19 of fiscal years 2022 through 2026.’’.
20 SEC. 3004. CARBON DIOXIDE TRANSPORTATION INFRA-
21 STRUCTURE FINANCE AND INNOVATION.
22 (a) IN GENERAL.—Title IX of the Energy Policy Act
23 of 2005 (42 U.S.C. 16181 et seq.) is amended by adding
pamtmann on DSKBC07HB2PROD with BILLS
24 at the end the following:
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
188
1 ‘‘Subtitle J—Carbon Dioxide Trans-
2 portation Infrastructure Fi-
3 nance and Innovation
4 ‘‘SEC. 999A. DEFINITIONS.
5 ‘‘In this subtitle:
6 ‘‘(1) CIFIA PROGRAM.—The term ‘CIFIA pro-
7 gram’ means the carbon dioxide transportation in-
8 frastructure finance and innovation program estab-
9 lished under section 999B(a).
10 ‘‘(2) COMMON CARRIER.—The term ‘common
11 carrier’ means a transportation infrastructure oper-
12 ator or owner that—
13 ‘‘(A) publishes a publicly available tariff
14 containing the just and reasonable rates, terms,
15 and conditions of nondiscriminatory service;
16 and
17 ‘‘(B) holds itself out to provide transpor-
18 tation services to the public for a fee.
19 ‘‘(3) CONTINGENT COMMITMENT.—The term
20 ‘contingent commitment’ means a commitment to
21 obligate funds from future available budget author-
22 ity that is—
23 ‘‘(A) contingent on those funds being made
pamtmann on DSKBC07HB2PROD with BILLS
24 available in law at a future date; and
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
189
1 ‘‘(B) not an obligation of the Federal Gov-
2 ernment.
3 ‘‘(4) ELIGIBLE PROJECT COSTS.—The term ‘eli-
4 gible project costs’ means amounts substantially all
5 of which are paid by, or for the account of, an obli-
6 gor in connection with a project, including—
7 ‘‘(A) the cost of—
8 ‘‘(i) development-phase activities, in-
9 cluding planning, feasibility analysis, rev-
10 enue forecasting, environmental review,
11 permitting, preliminary engineering and
12 design work, and other preconstruction ac-
13 tivities;
14 ‘‘(ii) construction, reconstruction, re-
15 habilitation, replacement, and acquisition
16 of real property (including land relating to
17 the project and improvements to land), en-
18 vironmental mitigation, construction con-
19 tingencies, and acquisition and installation
20 of equipment (including labor); and
21 ‘‘(iii) capitalized interest necessary to
22 meet market requirements, reasonably re-
23 quired reserve funds, capital issuance ex-
pamtmann on DSKBC07HB2PROD with BILLS
24 penses, and other carrying costs during
25 construction; and
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
190
1 ‘‘(B) transaction costs associated with fi-
2 nancing the project, including—
3 ‘‘(i) the cost of legal counsel and tech-
4 nical consultants; and
5 ‘‘(ii) any subsidy amount paid in ac-
6 cordance with section 999B(c)(3)(B)(ii) or
7 section 999C(b)(6)(B)(ii).
8 ‘‘(5) FEDERAL CREDIT INSTRUMENT.—The
9 term ‘Federal credit instrument’ means a secured
10 loan or loan guarantee authorized to be provided
11 under the CIFIA program with respect to a project.
12 ‘‘(6) LENDER.—The term ‘lender’ means a
13 qualified institutional buyer (as defined in section
14 230.144A(a) of title 17, Code of Federal Regula-
15 tions (or a successor regulation), commonly known
16 as Rule 144A(a) of the Securities and Exchange
17 Commission and issued under the Securities Act of
18 1933 (15 U.S.C. 77a et seq.)), that is not a Federal
19 qualified institutional buyer.
20 ‘‘(7) LETTER OF INTEREST.—The term ‘letter
21 of interest’ means a letter submitted by a potential
22 applicant prior to an application for credit assistance
23 in a format prescribed by the Secretary on the
pamtmann on DSKBC07HB2PROD with BILLS
24 website of the CIFIA program that—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
191
1 ‘‘(A) describes the project and the location,
2 purpose, and cost of the project;
3 ‘‘(B) outlines the proposed financial plan,
4 including the requested credit and grant assist-
5 ance and the proposed obligor;
6 ‘‘(C) provides a status of environmental re-
7 view; and
8 ‘‘(D) provides information regarding satis-
9 faction of other eligibility requirements of the
10 CIFIA program.
11 ‘‘(8) LOAN GUARANTEE.—The term ‘loan guar-
12 antee’ means any guarantee or other pledge by the
13 Secretary to pay all or part of the principal of, and
14 interest on, a loan made to an obligor, or debt obli-
15 gation issued by an obligor, in each case funded by
16 a lender.
17 ‘‘(9) MASTER CREDIT AGREEMENT.—The term
18 ‘master credit agreement’ means a conditional agree-
19 ment that—
20 ‘‘(A) is for the purpose of extending credit
21 assistance for—
22 ‘‘(i) a project of high priority under
23 section 999B(c)(3)(A); or
pamtmann on DSKBC07HB2PROD with BILLS
24 ‘‘(ii) a project covered under section
25 999B(c)(3)(B);
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
192
1 ‘‘(B) does not provide for a current obliga-
2 tion of Federal funds; and
3 ‘‘(C) would—
4 ‘‘(i) make a contingent commitment of
5 a Federal credit instrument or grant at a
6 future date, subject to—
7 ‘‘(I) the availability of future
8 funds being made available to carry
9 out the CIFIA program; and
10 ‘‘(II) the satisfaction of all condi-
11 tions for the provision of credit assist-
12 ance under the CIFIA program, in-
13 cluding section 999C(b);
14 ‘‘(ii) establish the maximum amounts
15 and general terms and conditions of the
16 Federal credit instruments or grants;
17 ‘‘(iii) identify the 1 or more revenue
18 sources that will secure the repayment of
19 the Federal credit instruments;
20 ‘‘(iv) provide for the obligation of
21 funds for the Federal credit instruments or
22 grants after all requirements have been
23 met for the projects subject to the agree-
pamtmann on DSKBC07HB2PROD with BILLS
24 ment, including—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
193
1 ‘‘(I) compliance with all applica-
2 ble requirements specified under the
3 CIFIA program, including sections
4 999B(d) and 999C(b)(1); and
5 ‘‘(II) the availability of funds to
6 carry out the CIFIA program; and
7 ‘‘(v) require that contingent commit-
8 ments shall result in a financial close and
9 obligation of credit or grant assistance by
10 not later than 4 years after the date of
11 entry into the agreement or release of the
12 commitment, as applicable, unless other-
13 wise extended by the Secretary.
14 ‘‘(10) OBLIGOR.—The term ‘obligor’ means a
15 corporation, partnership, joint venture, trust, non-
16 Federal governmental entity, agency, or instrumen-
17 tality, or other entity that is liable for payment of
18 the principal of, or interest on, a Federal credit in-
19 strument.
20 ‘‘(11) PRODUCED IN THE UNITED STATES.—
21 The term ‘produced in the United States’, with re-
22 spect to iron and steel, means that all manufac-
23 turing processes for the iron and steel, including the
pamtmann on DSKBC07HB2PROD with BILLS
24 application of any coating, occurs within the United
25 States.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
194
1 ‘‘(12) PROJECT.—The term ‘project’ means a
2 project for common carrier carbon dioxide transpor-
3 tation infrastructure or associated equipment, in-
4 cluding pipeline, shipping, rail, or other transpor-
5 tation infrastructure and associated equipment, that
6 will transport or handle carbon dioxide captured
7 from anthropogenic sources or ambient air, as the
8 Secretary determines to be appropriate.
9 ‘‘(13) PROJECT OBLIGATION.—The term
10 ‘project obligation’ means any note, bond, debenture,
11 or other debt obligation issued by an obligor in con-
12 nection with the financing of a project, other than
13 a Federal credit instrument.
14 ‘‘(14) SECURED LOAN.—The term ‘secured
15 loan’ means a direct loan to an obligor or a debt ob-
16 ligation issued by an obligor and purchased by the
17 Secretary, in each case funded by the Secretary in
18 connection with the financing of a project under sec-
19 tion 999C.
20 ‘‘(15) SUBSIDY AMOUNT.—The term ‘subsidy
21 amount’ means the amount of budget authority suf-
22 ficient to cover the estimated long-term cost to the
23 Federal Government of a Federal credit instru-
pamtmann on DSKBC07HB2PROD with BILLS
24 ment—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
195
1 ‘‘(A) calculated on a net present value
2 basis; and
3 ‘‘(B) excluding administrative costs and
4 any incidental effects on governmental receipts
5 or outlays in accordance with the Federal Cred-
6 it Reform Act of 1990 (2 U.S.C. 661 et seq.).
7 ‘‘(16) SUBSTANTIAL COMPLETION.—The term
8 ‘substantial completion’, with respect to a project,
9 means the date—
10 ‘‘(A) on which the project commences
11 transportation of carbon dioxide; or
12 ‘‘(B) of a comparable event to the event
13 described in subparagraph (A), as determined
14 by the Secretary and specified in the project
15 credit agreement.
16 ‘‘SEC. 999B. DETERMINATION OF ELIGIBILITY AND
17 PROJECT SELECTION.
18 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary
19 shall establish and carry out a carbon dioxide transpor-
20 tation infrastructure finance and innovation program,
21 under which the Secretary shall provide for eligible
22 projects in accordance with this subtitle—
23 ‘‘(1) a Federal credit instrument under section
pamtmann on DSKBC07HB2PROD with BILLS
24 999C;
25 ‘‘(2) a grant under section 999D; or
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
196
1 ‘‘(3) both a Federal credit instrument and a
2 grant.
3 ‘‘(b) ELIGIBILITY.—
4 ‘‘(1) IN GENERAL.—A project shall be eligible
5 to receive a Federal credit instrument or a grant
6 under the CIFIA program if—
7 ‘‘(A) the entity proposing to carry out the
8 project submits a letter of interest prior to sub-
9 mission of an application under paragraph (3)
10 for the project; and
11 ‘‘(B) the project meets the criteria de-
12 scribed in this subsection.
13 ‘‘(2) CREDITWORTHINESS.—
14 ‘‘(A) IN GENERAL.—Each project and obli-
15 gor that receives a Federal credit instrument or
16 a grant under the CIFIA program shall be
17 creditworthy, such that there exists a reason-
18 able prospect of repayment of the principal and
19 interest on the Federal credit instrument, as
20 determined by the Secretary under subpara-
21 graph (B).
22 ‘‘(B) REASONABLE PROSPECT OF REPAY-
23 MENT.—The Secretary shall base a determina-
pamtmann on DSKBC07HB2PROD with BILLS
24 tion of whether there is a reasonable prospect
25 of repayment under subparagraph (A) on a
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
197
1 comprehensive evaluation of whether the obligor
2 has a reasonable prospect of repaying the Fed-
3 eral credit instrument for the eligible project,
4 including evaluation of—
5 ‘‘(i) the strength of the contractual
6 terms of an eligible project (if available for
7 the applicable market segment);
8 ‘‘(ii) the forecast of noncontractual
9 cash flows supported by market projections
10 from reputable sources, as determined by
11 the Secretary, and cash sweeps or other
12 structural enhancements;
13 ‘‘(iii) the projected financial strength
14 of the obligor—
15 ‘‘(I) at the time of loan close;
16 and
17 ‘‘(II) throughout the loan term,
18 including after the project is com-
19 pleted;
20 ‘‘(iv) the financial strength of the in-
21 vestors and strategic partners of the obli-
22 gor, if applicable; and
23 ‘‘(v) other financial metrics and anal-
pamtmann on DSKBC07HB2PROD with BILLS
24 yses that are relied on by the private lend-
25 ing community and nationally recognized
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
198
1 credit rating agencies, as determined ap-
2 propriate by the Secretary.
3 ‘‘(3) APPLICATIONS.—To be eligible for assist-
4 ance under the CIFIA program, an obligor shall
5 submit to the Secretary a project application at such
6 time, in such manner, and containing such informa-
7 tion as the Secretary determines to be appropriate.
8 ‘‘(4) ELIGIBLE PROJECT COSTS.—A project
9 under the CIFIA program shall have eligible project
10 costs that are reasonably anticipated to equal or ex-
11 ceed $100,000,000.
12 ‘‘(5) REVENUE SOURCES.—The applicable Fed-
13 eral credit instrument shall be repayable, in whole or
14 in part, from—
15 ‘‘(A) user fees;
16 ‘‘(B) payments owing to the obligor under
17 a public-private partnership; or
18 ‘‘(C) other revenue sources that also secure
19 or fund the project obligations.
20 ‘‘(6) OBLIGOR WILL BE IDENTIFIED LATER.—
21 A State, local government, agency, or instrumen-
22 tality of a State or local government, or a public au-
23 thority, may submit to the Secretary an application
pamtmann on DSKBC07HB2PROD with BILLS
24 under paragraph (3), under which a private party to
25 a public-private partnership will be—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
199
1 ‘‘(A) the obligor; and
2 ‘‘(B) identified at a later date through
3 completion of a procurement and selection of
4 the private party.
5 ‘‘(7) BENEFICIAL EFFECTS.—The Secretary
6 shall determine that financial assistance for each
7 project under the CIFIA program will—
8 ‘‘(A) attract public or private investment
9 for the project; or
10 ‘‘(B) enable the project to proceed at an
11 earlier date than the project would otherwise be
12 able to proceed or reduce the lifecycle costs (in-
13 cluding debt service costs) of the project.
14 ‘‘(8) PROJECT READINESS.—To be eligible for
15 assistance under the CIFIA program, the applicant
16 shall demonstrate a reasonable expectation that the
17 contracting process for construction of the project
18 can commence by not later than 90 days after the
19 date on which a Federal credit instrument or grant
20 is obligated for the project under the CIFIA pro-
21 gram.
22 ‘‘(c) SELECTION AMONG ELIGIBLE PROJECTS.—
23 ‘‘(1) ESTABLISHMENT OF APPLICATION PROC-
pamtmann on DSKBC07HB2PROD with BILLS
24 ESS.—The Secretary shall establish an application
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
200
1 process under which projects that are eligible to re-
2 ceive assistance under subsection (b) may—
3 ‘‘(A) receive credit assistance on terms ac-
4 ceptable to the Secretary, if adequate funds are
5 available (including any funds provided on be-
6 half of an eligible project under paragraph
7 (3)(B)(ii)) to cover the subsidy amount associ-
8 ated with the Federal credit instrument; and
9 ‘‘(B) receive grants under section 999D
10 if—
11 ‘‘(i) adequate funds are available to
12 cover the amount of the grant; and
13 ‘‘(ii) the Secretary determines that
14 the project is eligible under subsection (b).
15 ‘‘(2) PRIORITY.—In selecting projects to receive
16 credit assistance under subsection (b), the Secretary
17 shall give priority to projects that—
18 ‘‘(A) are large-capacity, common carrier
19 infrastructure;
20 ‘‘(B) have demonstrated demand for use of
21 the infrastructure by associated projects that
22 capture carbon dioxide from anthropogenic
23 sources or ambient air;
pamtmann on DSKBC07HB2PROD with BILLS
24 ‘‘(C) enable geographical diversity in asso-
25 ciated projects that capture carbon dioxide from
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
201
1 anthropogenic sources or ambient air, with the
2 goal of enabling projects in all major carbon di-
3 oxide-emitting regions of the United States; and
4 ‘‘(D) are sited within, or adjacent to, exist-
5 ing pipeline or other linear infrastructure cor-
6 ridors, in a manner that minimizes environ-
7 mental disturbance and other siting concerns.
8 ‘‘(3) MASTER CREDIT AGREEMENTS.—
9 ‘‘(A) PRIORITY PROJECTS.—The Secretary
10 may enter into a master credit agreement for a
11 project that the Secretary determines—
12 ‘‘(i) will likely be eligible for credit as-
13 sistance under subsection (b), on obtain-
14 ing—
15 ‘‘(I) additional commitments
16 from associated carbon capture
17 projects to use the project; or
18 ‘‘(II) all necessary permits and
19 approvals; and
20 ‘‘(ii) is a project of high priority, as
21 determined in accordance with the criteria
22 described in paragraph (2).
23 ‘‘(B) ADEQUATE FUNDING NOT AVAIL-
pamtmann on DSKBC07HB2PROD with BILLS
24 ABLE.—If the Secretary fully obligates funding
25 to eligible projects for a fiscal year and ade-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
202
1 quate funding is not available to fund a Federal
2 credit instrument, a project sponsor (including
3 a unit of State or local government) of an eligi-
4 ble project may elect—
5 ‘‘(i)(I) to enter into a master credit
6 agreement in lieu of the Federal credit in-
7 strument; and
8 ‘‘(II) to wait to execute a Federal
9 credit instrument until the fiscal year for
10 which additional funds are available to re-
11 ceive credit assistance; or
12 ‘‘(ii) if the lack of adequate funding is
13 solely with respect to amounts available for
14 the subsidy amount, to pay the subsidy
15 amount to fund the Federal credit instru-
16 ment.
17 ‘‘(d) FEDERAL REQUIREMENTS.—
18 ‘‘(1) IN GENERAL.—Nothing in this subtitle su-
19 persedes the applicability of any other requirement
20 under Federal law (including regulations).
21 ‘‘(2) NEPA.—Federal credit assistance may
22 only be provided under this subtitle for a project
23 that has received an environmental categorical exclu-
pamtmann on DSKBC07HB2PROD with BILLS
24 sion, a finding of no significant impact, or a record
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
203
1 of decision under the National Environmental Policy
2 Act of 1969 (42 U.S.C. 4321 et seq.).
3 ‘‘(e) USE OF AMERICAN IRON, STEEL, AND MANU-
4 FACTURED GOODS.—
5 ‘‘(1) IN GENERAL.—Except as provided in para-
6 graph (2), no Federal credit instrument or grant
7 provided under the CIFIA program shall be made
8 available for a project unless all iron, steel, and
9 manufactured goods used in the project are pro-
10 duced in the United States.
11 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not
12 apply in any case or category of cases with respect
13 to which the Secretary determines that—
14 ‘‘(A) the application would be inconsistent
15 with the public interest;
16 ‘‘(B) iron, steel, or a relevant manufac-
17 tured good is not produced in the United States
18 in sufficient and reasonably available quantity,
19 or of a satisfactory quality; or
20 ‘‘(C) the inclusion of iron, steel, or a man-
21 ufactured good produced in the United States
22 will increase the cost of the overall project by
23 more than 25 percent.
pamtmann on DSKBC07HB2PROD with BILLS
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
204
1 ‘‘(3) WAIVERS.—If the Secretary receives a re-
2 quest for a waiver under this subsection, the Sec-
3 retary shall—
4 ‘‘(A) make available to the public a copy of
5 the request, together with any information
6 available to the Secretary concerning the re-
7 quest—
8 ‘‘(i) on an informal basis; and
9 ‘‘(ii) by electronic means, including on
10 the official public website of the Depart-
11 ment;
12 ‘‘(B) allow for informal public comment re-
13 lating to the request for not fewer than 15 days
14 before making a determination with respect to
15 the request; and
16 ‘‘(C) approve or disapprove the request by
17 not later than the date that is 120 days after
18 the date of receipt of the request.
19 ‘‘(4) APPLICABILITY.—This subsection shall be
20 applied in accordance with any applicable obligations
21 of the United States under international agreements.
22 ‘‘(f) APPLICATION PROCESSING PROCEDURES.—
23 ‘‘(1) NOTICE OF COMPLETE APPLICATION.—
pamtmann on DSKBC07HB2PROD with BILLS
24 Not later than 30 days after the date of receipt of
25 an application under this section, the Secretary shall
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
205
1 provide to the applicant a written notice describing
2 whether—
3 ‘‘(A) the application is complete; or
4 ‘‘(B) additional information or materials
5 are needed to complete the application.
6 ‘‘(2) APPROVAL OR DENIAL OF APPLICATION.—
7 Not later than 60 days after the date of issuance of
8 a written notice under paragraph (1), the Secretary
9 shall provide to the applicant a written notice in-
10 forming the applicant whether the Secretary has ap-
11 proved or disapproved the application.
12 ‘‘(g) DEVELOPMENT-PHASE ACTIVITIES.—Any Fed-
13 eral credit instrument provided under the CIFIA program
14 may be used to finance up to 100 percent of the cost of
15 development-phase activities, as described in section
16 999A(4)(A).
17 ‘‘SEC. 999C. SECURED LOANS.
18 ‘‘(a) AGREEMENTS.—
19 ‘‘(1) IN GENERAL.—Subject to paragraph (2),
20 the Secretary may enter into agreements with 1 or
21 more obligors to make secured loans, the proceeds of
22 which—
23 ‘‘(A) shall be used—
pamtmann on DSKBC07HB2PROD with BILLS
24 ‘‘(i) to finance eligible project costs of
25 any project selected under section 999B;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
206
1 ‘‘(ii) to refinance interim construction
2 financing of eligible project costs of any
3 project selected under section 999B; or
4 ‘‘(iii) to refinance long-term project
5 obligations or Federal credit instruments,
6 if the refinancing provides additional fund-
7 ing capacity for the completion, enhance-
8 ment, or expansion of any project that—
9 ‘‘(I) is selected under section
10 999B; or
11 ‘‘(II) otherwise meets the re-
12 quirements of that section; and
13 ‘‘(B) may be used in accordance with sub-
14 section (b)(7) to pay any fees collected by the
15 Secretary under subparagraph (B) of that sub-
16 section.
17 ‘‘(2) RISK ASSESSMENT.—Before entering into
18 an agreement under this subsection, the Secretary,
19 in consultation with the Director of the Office of
20 Management and Budget, shall determine an appro-
21 priate credit subsidy amount for each secured loan,
22 taking into account all relevant factors, including the
23 creditworthiness factors under section 999B(b)(2).
pamtmann on DSKBC07HB2PROD with BILLS
24 ‘‘(b) TERMS AND LIMITATIONS.—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
207
1 ‘‘(1) IN GENERAL.—A secured loan under this
2 section with respect to a project shall be on such
3 terms and conditions and contain such covenants,
4 representations, warranties, and requirements (in-
5 cluding requirements for audits) as the Secretary de-
6 termines to be appropriate.
7 ‘‘(2) MAXIMUM AMOUNT.—The amount of a se-
8 cured loan under this section shall not exceed an
9 amount equal to 80 percent of the reasonably antici-
10 pated eligible project costs.
11 ‘‘(3) PAYMENT.—A secured loan under this sec-
12 tion shall be payable, in whole or in part, from—
13 ‘‘(A) user fees;
14 ‘‘(B) payments owing to the obligor under
15 a public-private partnership; or
16 ‘‘(C) other revenue sources that also secure
17 or fund the project obligations.
18 ‘‘(4) INTEREST RATE.—
19 ‘‘(A) IN GENERAL.—Except as provided in
20 subparagraph (B), the interest rate on a se-
21 cured loan under this section shall be not less
22 than the interest rate reflected in the yield on
23 United States Treasury securities of a similar
pamtmann on DSKBC07HB2PROD with BILLS
24 maturity to the maturity of the secured loan on
25 the date of execution of the loan agreement.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
208
1 ‘‘(B) LIMITED BUYDOWNS.—
2 ‘‘(i) IN GENERAL.—Subject to clause
3 (iii), the Secretary may lower the interest
4 rate of a secured loan under this section to
5 not lower than the interest rate described
6 in clause (ii), if the interest rate has in-
7 creased during the period—
8 ‘‘(I) beginning on, as applica-
9 ble—
10 ‘‘(aa) the date on which an
11 application acceptable to the Sec-
12 retary is submitted for the appli-
13 cable project; or
14 ‘‘(bb) the date on which the
15 Secretary entered into a master
16 credit agreement for the applica-
17 ble project; and
18 ‘‘(II) ending on the date on
19 which the Secretary executes the Fed-
20 eral credit instrument for the applica-
21 ble project that is the subject of the
22 secured loan.
23 ‘‘(ii) DESCRIPTION OF INTEREST
pamtmann on DSKBC07HB2PROD with BILLS
24 RATE.—The interest rate referred to in
25 clause (i) is the interest rate reflected in
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
209
1 the yield on United States Treasury securi-
2 ties of a similar maturity to the maturity
3 of the secured loan in effect, as applicable
4 to the project that is the subject of the se-
5 cured loan, on—
6 ‘‘(I) the date described in clause
7 (i)(I)(aa); or
8 ‘‘(II) the date described in clause
9 (i)(I)(bb).
10 ‘‘(iii) LIMITATION.—The interest rate
11 of a secured loan may not be lowered pur-
12 suant to clause (i) by more than 11⁄2 per-
13 centage points (150 basis points).
14 ‘‘(5) MATURITY DATE.—The final maturity
15 date of the secured loan shall be the earlier of—
16 ‘‘(A) the date that is 35 years after the
17 date of substantial completion of the project;
18 and
19 ‘‘(B) if the useful life of the capital asset
20 being financed is of a lesser period, the date
21 that is the end of the useful life of the asset.
22 ‘‘(6) NONSUBORDINATION.—
23 ‘‘(A) IN GENERAL.—Except as provided in
pamtmann on DSKBC07HB2PROD with BILLS
24 subparagraph (B), the secured loan shall not be
25 subordinated to the claims of any holder of
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
210
1 project obligations in the event of bankruptcy,
2 insolvency, or liquidation of the obligor.
3 ‘‘(B) PREEXISTING INDENTURE.—
4 ‘‘(i) IN GENERAL.—The Secretary
5 shall waive the requirement under subpara-
6 graph (A) for a public agency borrower
7 that is financing ongoing capital programs
8 and has outstanding senior bonds under a
9 preexisting indenture, if—
10 ‘‘(I) the secured loan is rated in
11 the A category or higher; and
12 ‘‘(II) the secured loan is secured
13 and payable from pledged revenues
14 not affected by project performance,
15 such as a tax-backed revenue pledge
16 or a system-backed pledge of project
17 revenues.
18 ‘‘(ii) LIMITATION.—If the Secretary
19 waives the nonsubordination requirement
20 under this subparagraph—
21 ‘‘(I) the maximum credit subsidy
22 amount to be paid by the Federal
23 Government shall be not more than
pamtmann on DSKBC07HB2PROD with BILLS
24 10 percent of the principal amount of
25 the secured loan; and
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
211
1 ‘‘(II) the obligor shall be respon-
2 sible for paying the remainder of the
3 subsidy amount, if any.
4 ‘‘(7) FEES.—
5 ‘‘(A) IN GENERAL.—The Secretary may
6 collect a fee on or after the date of the financial
7 close of a Federal credit instrument under this
8 section in an amount equal to not more than
9 $3,000,000 to cover all or a portion of the costs
10 to the Federal Government of providing the
11 Federal credit instrument.
12 ‘‘(B) AMENDMENT TO ADD COST OF FEES
13 TO SECURED LOAN.—If the Secretary collects a
14 fee from an obligor under subparagraph (A) to
15 cover all or a portion of the costs to the Federal
16 Government of providing a secured loan, the ob-
17 ligor and the Secretary may amend the terms
18 of the secured loan to add to the principal of
19 the secured loan an amount equal to the
20 amount of the fee collected by the Secretary.
21 ‘‘(8) MAXIMUM FEDERAL INVOLVEMENT.—The
22 total Federal assistance provided for a project under
23 the CIFIA program, including any grant provided
pamtmann on DSKBC07HB2PROD with BILLS
24 under section 999D, shall not exceed an amount
25 equal to 80 percent of the eligible project costs.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
212
1 ‘‘(c) REPAYMENT.—
2 ‘‘(1) SCHEDULE.—The Secretary shall establish
3 a repayment schedule for each secured loan under
4 this section based on—
5 ‘‘(A) the projected cash flow from project
6 revenues and other repayment sources; and
7 ‘‘(B) the useful life of the project.
8 ‘‘(2) COMMENCEMENT.—Scheduled loan repay-
9 ments of principal or interest on a secured loan
10 under this section shall commence not later than 5
11 years after the date of substantial completion of the
12 project.
13 ‘‘(3) DEFERRED PAYMENTS.—
14 ‘‘(A) IN GENERAL.—If, at any time after
15 the date of substantial completion of a project,
16 the project is unable to generate sufficient reve-
17 nues in excess of reasonable and necessary op-
18 erating expenses to pay the scheduled loan re-
19 payments of principal and interest on the se-
20 cured loan, the Secretary may, subject to sub-
21 paragraph (C), allow the obligor to add unpaid
22 principal and interest to the outstanding bal-
23 ance of the secured loan.
pamtmann on DSKBC07HB2PROD with BILLS
24 ‘‘(B) INTEREST.—Any payment deferred
25 under subparagraph (A) shall—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
213
1 ‘‘(i) continue to accrue interest in ac-
2 cordance with subsection (b)(4) until fully
3 repaid; and
4 ‘‘(ii) be scheduled to be amortized
5 over the remaining term of the loan.
6 ‘‘(C) CRITERIA.—
7 ‘‘(i) IN GENERAL.—Any payment de-
8 ferral under subparagraph (A) shall be
9 contingent on the project meeting criteria
10 established by the Secretary.
11 ‘‘(ii) REPAYMENT STANDARDS.—The
12 criteria established pursuant to clause (i)
13 shall include standards for the reasonable
14 prospect of repayment.
15 ‘‘(4) PREPAYMENT.—
16 ‘‘(A) USE OF EXCESS REVENUES.—Any
17 excess revenues that remain after satisfying
18 scheduled debt service requirements on the
19 project obligations and secured loan and all de-
20 posit requirements under the terms of any trust
21 agreement, bond resolution, or similar agree-
22 ment securing project obligations may be ap-
23 plied annually to prepay the secured loan, with-
pamtmann on DSKBC07HB2PROD with BILLS
24 out penalty.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
214
1 ‘‘(B) USE OF PROCEEDS OF REFI-
2 NANCING.—A secured loan may be prepaid at
3 any time without penalty from the proceeds of
4 refinancing from non-Federal funding sources.
5 ‘‘(d) SALE OF SECURED LOANS.—
6 ‘‘(1) IN GENERAL.—Subject to paragraph (2),
7 as soon as practicable after substantial completion of
8 a project and after notifying the obligor, the Sec-
9 retary may sell to another entity or reoffer into the
10 capital markets a secured loan for the project if the
11 Secretary determines that the sale or reoffering can
12 be made on favorable terms.
13 ‘‘(2) CONSENT OF OBLIGOR.—In making a sale
14 or reoffering under paragraph (1), the Secretary
15 may not change any original term or condition of the
16 secured loan without the written consent of the obli-
17 gor.
18 ‘‘(e) LOAN GUARANTEES.—
19 ‘‘(1) IN GENERAL.—The Secretary may provide
20 a loan guarantee to a lender in lieu of making a se-
21 cured loan under this section if the Secretary deter-
22 mines that the budgetary cost of the loan guarantee
23 is substantially the same as, or less than, that of a
pamtmann on DSKBC07HB2PROD with BILLS
24 secured loan.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
215
1 ‘‘(2) TERMS.—The terms of a loan guarantee
2 under paragraph (1) shall be consistent with the
3 terms required under this section for a secured loan,
4 except that the rate on the guaranteed loan and any
5 prepayment features shall be negotiated between the
6 obligor and the lender, with the consent of the Sec-
7 retary.
8 ‘‘SEC. 999D. FUTURE GROWTH GRANTS.
9 ‘‘(a) ESTABLISHMENT.—The Secretary may provide
10 grants to pay a portion of the cost differential, with re-
11 spect to any projected future increase in demand for car-
12 bon dioxide transportation by an infrastructure project de-
13 scribed in subsection (b), between—
14 ‘‘(1) the cost of constructing the infrastructure
15 asset with the capacity to transport an increased
16 flow rate of carbon dioxide, as made practicable
17 under the project; and
18 ‘‘(2) the cost of constructing the infrastructure
19 asset with the capacity to transport carbon dioxide
20 at the flow rate initially required, based on commit-
21 ments for the use of the asset.
22 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant
23 under this section, an entity shall—
pamtmann on DSKBC07HB2PROD with BILLS
24 ‘‘(1) be eligible to receive credit assistance
25 under the CIFIA program;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
216
1 ‘‘(2) carry out, or propose to carry out, a
2 project for large-capacity, common carrier infra-
3 structure with a probable future increase in demand
4 for carbon dioxide transportation; and
5 ‘‘(3) submit to the Secretary an application at
6 such time, in such manner, and containing such in-
7 formation as the Secretary determines to be appro-
8 priate.
9 ‘‘(c) USE OF FUNDS.—A grant provided under this
10 section may be used only to pay the costs of any additional
11 flow rate capacity of a carbon dioxide transportation infra-
12 structure asset that the project sponsor demonstrates to
13 the satisfaction of the Secretary can reasonably be ex-
14 pected to be used during the 20-year period beginning on
15 the date of substantial completion of the project described
16 in subsection (b)(2).
17 ‘‘(d) MAXIMUM AMOUNT.—The amount of a grant
18 provided under this section may not exceed an amount
19 equal to 80 percent of the cost of the additional capacity
20 described in subsection (a).
21 ‘‘SEC. 999E. PROGRAM ADMINISTRATION.
22 ‘‘(a) REQUIREMENT.—The Secretary shall establish
23 a uniform system to service the Federal credit instruments
pamtmann on DSKBC07HB2PROD with BILLS
24 provided under the CIFIA program.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
217
1 ‘‘(b) FEES.—If funding sufficient to cover the costs
2 of services of expert firms retained pursuant to subsection
3 (d) and all or a portion of the costs to the Federal Govern-
4 ment of servicing the Federal credit instruments is not
5 provided in an appropriations Act for a fiscal year, the
6 Secretary, during that fiscal year, may collect fees on or
7 after the date of the financial close of a Federal credit
8 instrument provided under the CIFIA program at a level
9 that is sufficient to cover those costs.
10 ‘‘(c) SERVICER.—
11 ‘‘(1) IN GENERAL.—The Secretary may appoint
12 a financial entity to assist the Secretary in servicing
13 the Federal credit instruments.
14 ‘‘(2) DUTIES.—A servicer appointed under
15 paragraph (1) shall act as the agent for the Sec-
16 retary.
17 ‘‘(3) FEE.—A servicer appointed under para-
18 graph (1) shall receive a servicing fee, subject to ap-
19 proval by the Secretary.
20 ‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The Sec-
21 retary may retain the services of expert firms, including
22 counsel, in the field of municipal and project finance to
23 assist in the underwriting and servicing of Federal credit
pamtmann on DSKBC07HB2PROD with BILLS
24 instruments.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
218
1 ‘‘(e) EXPEDITED PROCESSING.—The Secretary shall
2 implement procedures and measures to economize the time
3 and cost involved in obtaining approval and the issuance
4 of credit assistance under the CIFIA program.
5 ‘‘SEC. 999F. STATE AND LOCAL PERMITS.
6 ‘‘The provision of credit assistance under the CIFIA
7 program with respect to a project shall not—
8 ‘‘(1) relieve any recipient of the assistance of
9 any project obligation to obtain any required State
10 or local permit or approval with respect to the
11 project;
12 ‘‘(2) limit the right of any unit of State or local
13 government to approve or regulate any rate of re-
14 turn on private equity invested in the project; or
15 ‘‘(3) otherwise supersede any State or local law
16 (including any regulation) applicable to the construc-
17 tion or operation of the project.
18 ‘‘SEC. 999G. REGULATIONS.
19 ‘‘The Secretary may promulgate such regulations as
20 the Secretary determines to be appropriate to carry out
21 the CIFIA program.
22 ‘‘SEC. 999H. AUTHORIZATION OF APPROPRIATIONS; CON-
23 TRACT AUTHORITY.
pamtmann on DSKBC07HB2PROD with BILLS
24 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
219
1 ‘‘(1) IN GENERAL.—There are authorized to be
2 appropriated to the Secretary to carry out this sub-
3 title—
4 ‘‘(A) $600,000,000 for each of fiscal years
5 2022 and 2023; and
6 ‘‘(B) $300,000,000 for each of fiscal years
7 2024 through 2026.
8 ‘‘(2) SPENDING AND BORROWING AUTHOR-
9 ITY.—Spending and borrowing authority for a fiscal
10 year to enter into Federal credit instruments shall
11 be promptly apportioned to the Secretary on a fiscal-
12 year basis.
13 ‘‘(3) REESTIMATES.—If the subsidy amount of
14 a Federal credit instrument is reestimated, the cost
15 increase or decrease of the reestimate shall be borne
16 by, or benefit, the general fund of the Treasury, con-
17 sistent with section 504(f) of the Congressional
18 Budget Act of 1974 (2 U.S.C. 661c(f)).
19 ‘‘(4) ADMINISTRATIVE COSTS.—Of the amounts
20 made available to carry out the CIFIA program, the
21 Secretary may use not more than $9,000,000 (as in-
22 dexed for United States dollar inflation from the
23 date of enactment of the Energy Infrastructure Act
pamtmann on DSKBC07HB2PROD with BILLS
24 (as measured by the Consumer Price Index)) each
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
220
1 fiscal year for the administration of the CIFIA pro-
2 gram.
3 ‘‘(b) CONTRACT AUTHORITY.—
4 ‘‘(1) IN GENERAL.—Notwithstanding any other
5 provision of law, execution of a term sheet by the
6 Secretary of a Federal credit instrument that uses
7 amounts made available under the CIFIA program
8 shall impose on the United States a contractual obli-
9 gation to fund the Federal credit investment.
10 ‘‘(2) AVAILABILITY.—Amounts made available
11 to carry out the CIFIA program for a fiscal year
12 shall be available for obligation on October 1 of the
13 fiscal year.’’.
14 (b) TECHNICAL AMENDMENTS.—The table of con-
15 tents for the Energy Policy Act of 2005 (Public Law 109–
16 58; 119 Stat. 600) is amended—
17 (1) in the item relating to section 917, by strik-
18 ing ‘‘Efficiency’’;
19 (2) by striking the items relating to subtitle J
20 of title IX (relating to ultra-deepwater and uncon-
21 ventional natural gas and other petroleum resources)
22 and inserting the following:
‘‘Subtitle J—Carbon Dioxide Transportation Infrastructure Finance and
Innovation
pamtmann on DSKBC07HB2PROD with BILLS
‘‘Sec. 999A. Definitions.
‘‘Sec. 999B. Determination of eligibility and project selection.
‘‘Sec. 999C. Secured loans.
‘‘Sec. 999D. Future growth grants.
‘‘Sec. 999E. Program administration.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6211 E:\BILLS\S2377.RS S2377
221
‘‘Sec. 999F. State and local permits.
‘‘Sec. 999G. Regulations.
‘‘Sec. 999H. Authorization of appropriations; contract authority.’’; and
1 (3) by striking the item relating to section
2 969B and inserting the following:
‘‘Sec. 969B. High efficiency turbines.’’.
3 SEC. 3005. CARBON STORAGE VALIDATION AND TESTING.
4 Section 963 of the Energy Policy Act of 2005 (42
5 U.S.C. 16293) is amended—
6 (1) in subsection (a)(1)(B), by striking ‘‘over a
7 10-year period’’;
8 (2) in subsection (b)—
9 (A) in paragraph (1), by striking ‘‘and
10 demonstration’’ and inserting ‘‘demonstration,
11 and commercialization’’; and
12 (B) in paragraph (2)—
13 (i) in subparagraph (G), by striking
14 ‘‘and’’ at the end;
15 (ii) in subparagraph (H), by striking
16 the period at the end and inserting ‘‘;
17 and’’; and
18 (iii) by adding at the end the fol-
19 lowing:
20 ‘‘(I) evaluating the quantity, lo-
21 cation, and timing of geologic carbon
pamtmann on DSKBC07HB2PROD with BILLS
22 storage deployment that may be need-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00221 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
222
1 ed, and developing strategies and re-
2 sources to enable the deployment.’’;
3 (3) by redesignating subsections (e) through (g)
4 as subsections (f) through (h), respectively;
5 (4) by inserting after subsection (d) the fol-
6 lowing:
7 ‘‘(e) LARGE-SCALE CARBON STORAGE COMMER-
8 CIALIZATION PROGRAM.—
9 ‘‘(1) IN GENERAL.—The Secretary shall estab-
10 lish a commercialization program under which the
11 Secretary shall provide funding for the development
12 of new or expanded commercial large-scale carbon
13 sequestration projects and associated carbon dioxide
14 transport infrastructure, including funding for the
15 feasibility, site characterization, permitting, and con-
16 struction stages of project development.
17 ‘‘(2) APPLICATIONS; SELECTION.—
18 ‘‘(A) IN GENERAL.—To be eligible to enter
19 into an agreement with the Secretary for fund-
20 ing under paragraph (1), an entity shall submit
21 to the Secretary an application at such time, in
22 such manner, and containing such information
23 as the Secretary determines to be appropriate.
pamtmann on DSKBC07HB2PROD with BILLS
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
223
1 ‘‘(B) APPLICATION PROCESS.—The Sec-
2 retary shall establish an application process
3 that, to the maximum extent practicable—
4 ‘‘(i) is open to projects at any stage of
5 development described in paragraph (1);
6 and
7 ‘‘(ii) facilitates expeditious develop-
8 ment of projects described in that para-
9 graph.
10 ‘‘(C) PROJECT SELECTION.—In selecting
11 projects for funding under paragraph (1), the
12 Secretary shall give priority to—
13 ‘‘(i) projects with substantial carbon
14 dioxide storage capacity; or
15 ‘‘(ii) projects that will store carbon di-
16 oxide from multiple carbon capture facili-
17 ties.’’;
18 (5) in subsection (f) (as so redesignated), in
19 paragraph (1), by inserting ‘‘with respect to the re-
20 search, development, demonstration program compo-
21 nents described in subsections (b) through (d)’’ be-
22 fore ‘‘give preference’’; and
23 (6) by striking subsection (h) (as so redesig-
pamtmann on DSKBC07HB2PROD with BILLS
24 nated) and inserting the following:
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00223 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
224
1 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There
2 is authorized to be appropriated to the Secretary to carry
3 out this section $2,500,000,000 for the period of fiscal
4 years 2022 through 2026.’’.
5 SEC. 3006. SECURE GEOLOGIC STORAGE PERMITTING.
6 (a) DEFINITIONS.—In this section:
7 (1) ADMINISTRATOR.—The term ‘‘Adminis-
8 trator’’ means the Administrator of the Environ-
9 mental Protection Agency.
10 (2) CLASS VI WELL.—The term ‘‘Class VI well’’
11 means a well described in section 144.6(f) of title
12 40, Code of Federal Regulations (or successor regu-
13 lations).
14 (b) AUTHORIZATION OF APPROPRIATIONS FOR GEO-
15 LOGIC SEQUESTRATION PERMITTING.—There is author-
16 ized to be appropriated to the Administrator for the per-
17 mitting of Class VI wells by the Administrator for the in-
18 jection of carbon dioxide for the purpose of geologic se-
19 questration in accordance with the requirements of the
20 Safe Drinking Water Act (42 U.S.C. 300f et seq.) and
21 the final rule of the Administrator entitled ‘‘Federal Re-
22 quirements Under the Underground Injection Control
23 (UIC) Program for Carbon Dioxide (CO2) Geologic Se-
pamtmann on DSKBC07HB2PROD with BILLS
24 questration (GS) Wells’’ (75 Fed. Reg. 77230 (December
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
225
1 10, 2010)), $5,000,000 for each of fiscal years 2022
2 through 2026.
3 (c) STATE PERMITTING PROGRAM GRANTS.—
4 (1) ESTABLISHMENT.—The Administrator shall
5 award grants to States that, pursuant to section
6 1422 of the Safe Drinking Water Act (42 U.S.C.
7 300h–1), receive the approval of the Administrator
8 for a State underground injection control program
9 for permitting Class VI wells for the injection of car-
10 bon dioxide.
11 (2) USE OF FUNDS.—A State that receives a
12 grant under paragraph (1) shall use the amounts re-
13 ceived under the grant to defray the expenses of the
14 State related to the establishment and operation of
15 a State underground injection control program de-
16 scribed in paragraph (1).
17 (3) AUTHORIZATION OF APPROPRIATIONS.—
18 There is authorized to be appropriated to the Ad-
19 ministrator to carry out this subsection $50,000,000
20 for the period of fiscal years 2022 through 2026.
21 SEC. 3007. GEOLOGIC CARBON SEQUESTRATION ON THE
22 OUTER CONTINENTAL SHELF.
23 (a) DEFINITIONS.—Section 2 of the Outer Conti-
pamtmann on DSKBC07HB2PROD with BILLS
24 nental Shelf Lands Act (43 U.S.C. 1331) is amended—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00225 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
226
1 (1) in the matter preceding subsection (a), by
2 striking ‘‘When used in this Act—’’ and inserting
3 ‘‘In this Act:’’;
4 (2) in each subsection, by inserting a subsection
5 heading, the text of which is comprised of the term
6 defined in the subsection;
7 (3) by striking the semicolon at the end of each
8 subsection (other than subsection (q)) and ‘‘; and’’
9 at the end of subsection (p) and inserting a period;
10 and
11 (4) by adding at the end the following:
12 ‘‘(r) CARBON DIOXIDE STREAM.—
13 ‘‘(1) IN GENERAL.—The term ‘carbon dioxide
14 stream’ means carbon dioxide that—
15 ‘‘(A) has been captured; and
16 ‘‘(B) consists overwhelmingly of—
17 ‘‘(i) carbon dioxide plus incidental as-
18 sociated substances derived from the
19 source material or capture process; and
20 ‘‘(ii) any substances added to the
21 stream for the purpose of enabling or im-
22 proving the injection process.
23 ‘‘(2) EXCLUSIONS.—The term ‘carbon dioxide
pamtmann on DSKBC07HB2PROD with BILLS
24 stream’ does not include additional waste or other
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
227
1 matter added to the carbon dioxide stream for the
2 purpose of disposal.
3 ‘‘(s) CARBON SEQUESTRATION.—The term ‘carbon
4 sequestration’ means the act of storing carbon dioxide that
5 has been removed from the atmosphere or captured
6 through physical, chemical, or biological processes that
7 can prevent the carbon dioxide from reaching the atmos-
8 phere.’’.
9 (b) LEASES, EASEMENTS, OR RIGHTS-OF-WAY FOR
10 ENERGY AND RELATED PURPOSES.—Section 8(p)(1) of
11 the Outer Continental Shelf Lands Act (43 U.S.C.
12 1337(p)(1)) is amended—
13 (1) in subparagraph (C), by striking ‘‘or’’ after
14 the semicolon;
15 (2) in subparagraph (D), by striking the period
16 at the end and inserting ‘‘; or’’; and
17 (3) by adding at the end the following:
18 ‘‘(E) provide for, support, or are directly
19 related to the injection of a carbon dioxide
20 stream into sub-seabed geologic formations for
21 the purpose of long-term carbon sequestra-
22 tion.’’.
23 (c) CLARIFICATION.—A carbon dioxide stream in-
pamtmann on DSKBC07HB2PROD with BILLS
24 jected for the purpose of carbon sequestration under sub-
25 paragraph (E) of section 8(p)(1) of the Outer Continental
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
228
1 Shelf Lands Act (43 U.S.C. 1337(p)(1)) shall not be con-
2 sidered to be material (as defined in section 3 of the Ma-
3 rine Protection, Research, and Sanctuaries Act of 1972
4 (33 U.S.C. 1402)) for purposes of that Act (33 U.S.C.
5 1401 et seq.).
6 (d) REGULATIONS.—Not later than 1 year after the
7 date of enactment of this Act, the Secretary of the Interior
8 shall promulgate regulations to carry out the amendments
9 made by this section.
10 SEC. 3008. CARBON REMOVAL.
11 (a) IN GENERAL.—Section 969D of the Energy Pol-
12 icy Act of 2005 (42 U.S.C. 16298d) is amended—
13 (1) by redesignating subsection (j) as sub-
14 section (k); and
15 (2) by inserting after subsection (i) the fol-
16 lowing:
17 ‘‘(j) REGIONAL DIRECT AIR CAPTURE HUBS.—
18 ‘‘(1) DEFINITIONS.—In this subsection:
19 ‘‘(A) ELIGIBLE PROJECT.—The term ‘eligi-
20 ble project’ means a direct air capture project
21 or a component project of a regional direct air
22 capture hub.
23 ‘‘(B) REGIONAL DIRECT AIR CAPTURE
pamtmann on DSKBC07HB2PROD with BILLS
24 HUB.—The term ‘regional direct air capture
25 hub’ means a network of direct air capture
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
229
1 projects, potential carbon dioxide utilization off-
2 takers, connective carbon dioxide transport in-
3 frastructure, subsurface resources, and seques-
4 tration infrastructure located within a region.
5 ‘‘(2) ESTABLISHMENT OF PROGRAM.—
6 ‘‘(A) IN GENERAL.—The Secretary shall
7 establish a program under which the Secretary
8 shall provide funding for eligible projects that
9 contribute to the development of 4 regional di-
10 rect air capture hubs described in subparagraph
11 (B).
12 ‘‘(B) REGIONAL DIRECT AIR CAPTURE
13 HUBS.—Each of the 4 regional direct air cap-
14 ture hubs developed under the program under
15 subparagraph (A) shall be a regional direct air
16 capture hub that—
17 ‘‘(i) facilitates the deployment of di-
18 rect air capture projects;
19 ‘‘(ii) has the capacity to capture and
20 sequester, utilize, or sequester and utilize
21 at least 1,000,000 metric tons of carbon
22 dioxide from the atmosphere annually from
23 a single unit or multiple interconnected
pamtmann on DSKBC07HB2PROD with BILLS
24 units;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
230
1 ‘‘(iii) demonstrates the capture, proc-
2 essing, delivery, and sequestration or end-
3 use of captured carbon; and
4 ‘‘(iv) could be developed into a re-
5 gional or interregional carbon network to
6 facilitate sequestration or carbon utiliza-
7 tion.
8 ‘‘(3) SELECTION OF PROJECTS.—
9 ‘‘(A) SOLICITATION OF PROPOSALS.—
10 ‘‘(i) IN GENERAL.—Not later than
11 180 days after the date of enactment of
12 the Energy Infrastructure Act, the Sec-
13 retary shall solicit applications for funding
14 for eligible projects.
15 ‘‘(ii) ADDITIONAL SOLICITATIONS.—
16 The Secretary shall solicit applications for
17 funding for eligible projects on a recurring
18 basis after the first round of applications
19 is received under clause (i) until all
20 amounts appropriated to carry out this
21 subsection are expended.
22 ‘‘(B) SELECTION OF PROJECTS FOR THE
23 DEVELOPMENT OF REGIONAL DIRECT AIR CAP-
pamtmann on DSKBC07HB2PROD with BILLS
24 TURE HUBS.—Not later than 3 years after the
25 date of the deadline for the submission of pro-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
231
1 posals under subparagraph (A)(i), the Secretary
2 shall select eligible projects described in para-
3 graph (2)(A).
4 ‘‘(C) CRITERIA.—The Secretary shall se-
5 lect eligible projects under subparagraph (B)
6 using the following criteria:
7 ‘‘(i) CARBON INTENSITY OF LOCAL IN-
8 DUSTRY.—To the maximum extent prac-
9 ticable, each eligible project shall be lo-
10 cated in a region with—
11 ‘‘(I) existing carbon-intensive fuel
12 production or industrial capacity; or
13 ‘‘(II) carbon-intensive fuel pro-
14 duction or industrial capacity that has
15 retired or closed in the preceding 10
16 years.
17 ‘‘(ii) GEOGRAPHIC DIVERSITY.—To
18 the maximum extent practicable, eligible
19 projects shall contribute to the develop-
20 ment of regional direct air capture hubs lo-
21 cated in different regions of the United
22 States.
23 ‘‘(iii) CARBON POTENTIAL.—To the
pamtmann on DSKBC07HB2PROD with BILLS
24 maximum extent practicable, eligible
25 projects shall contribute to the develop-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
232
1 ment of regional direct air capture hubs lo-
2 cated in regions with high potential for
3 carbon sequestration or utilization.
4 ‘‘(iv) HUBS IN FOSSIL-PRODUCING RE-
5 GIONS.—To the maximum extent prac-
6 ticable, eligible projects shall contribute to
7 the development of at least 2 regional di-
8 rect air capture hubs located in economi-
9 cally distressed communities in the regions
10 of the United States with high levels of
11 coal, oil, or natural gas resources.
12 ‘‘(v) SCALABILITY.—The Secretary
13 shall give priority to eligible projects that,
14 as compared to other eligible projects, will
15 contribute to the development of regional
16 direct air capture hubs with larger initial
17 capacity, greater potential for expansion,
18 and lower levelized cost per ton of carbon
19 dioxide removed from the atmosphere.
20 ‘‘(vi) EMPLOYMENT.—The Secretary
21 shall give priority to eligible projects that
22 are likely to create opportunities for skilled
23 training and long-term employment to the
pamtmann on DSKBC07HB2PROD with BILLS
24 greatest number of residents of the region.
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
233
1 ‘‘(vii) ADDITIONAL CRITERIA.—The
2 Secretary may take into consideration
3 other criteria that, in the judgment of the
4 Secretary, are necessary or appropriate to
5 carry out this subsection.
6 ‘‘(D) COORDINATION.—To the maximum
7 extent practicable, in carrying out the program
8 under this subsection, the Secretary shall take
9 into account and coordinate with activities of
10 the carbon capture technology program estab-
11 lished under section 962(b)(1), the carbon stor-
12 age validation and testing program established
13 under section 963(b)(1), and the CIFIA pro-
14 gram established under section 999B(a) such
15 that funding from each of the programs is le-
16 veraged to contribute toward the development
17 of integrated regional and interregional carbon
18 capture, removal, transport, sequestration, and
19 utilization networks.
20 ‘‘(E) FUNDING OF ELIGIBLE PROJECTS.—
21 The Secretary may make grants to, or enter
22 into cooperative agreements or contracts with,
23 each eligible project selected under subpara-
pamtmann on DSKBC07HB2PROD with BILLS
24 graph (B) to accelerate commercialization of,
25 and demonstrate the removal, processing, trans-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
234
1 port, sequestration, and utilization of, carbon
2 dioxide captured from the atmosphere.
3 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—
4 There is authorized to be appropriated to the Sec-
5 retary to carry out this subsection $3,500,000,000
6 for the period of fiscal years 2022 through 2026, to
7 remain available until expended.’’.
8 Subtitle B—Hydrogen Research
9 and Development
10 SEC. 3101. FINDINGS; PURPOSE.
11 (a) FINDINGS.—Congress finds that—
12 (1) hydrogen plays a critical part in the com-
13 prehensive energy portfolio of the United States;
14 (2) the use of the hydrogen resources of the
15 United States—
16 (A) promotes energy security and resil-
17 ience; and
18 (B) provides economic value and environ-
19 mental benefits for diverse applications across
20 multiple sectors of the economy; and
21 (3) hydrogen can be produced from a variety of
22 domestically available clean energy sources, includ-
23 ing—
pamtmann on DSKBC07HB2PROD with BILLS
24 (A) renewable energy resources, including
25 biomass;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00234 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
235
1 (B) fossil fuels with carbon capture, utili-
2 zation, and storage; and
3 (C) nuclear power.
4 (b) PURPOSE.—The purpose of this subtitle is to ac-
5 celerate research, development, demonstration, and de-
6 ployment of hydrogen from clean energy sources by—
7 (1) providing a statutory definition for the term
8 ‘‘clean hydrogen’’;
9 (2) establishing a clean hydrogen strategy and
10 roadmap for the United States;
11 (3) establishing a clearing house for clean hy-
12 drogen program information at the National Energy
13 Technology Laboratory;
14 (4) developing a robust clean hydrogen supply
15 chain and workforce by prioritizing clean hydrogen
16 demonstration projects in major shale gas regions;
17 (5) establishing regional clean hydrogen hubs;
18 and
19 (6) authorizing appropriations to carry out the
20 Department of Energy Hydrogen Program Plan,
21 dated November 2020, developed pursuant to title
22 VIII of the Energy Policy Act of 2005 (42 U.S.C.
23 16151 et seq.).
pamtmann on DSKBC07HB2PROD with BILLS
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
236
1 SEC. 3102. DEFINITIONS.
2 Section 803 of the Energy Policy Act of 2005 (42
3 U.S.C. 16152) is amended—
4 (1) in paragraph (5), by striking the paragraph
5 designation and heading and all that follows through
6 ‘‘when’’ in the matter preceding subparagraph (A)
7 and inserting the following:
8 ‘‘(5) PORTABLE; STORAGE.—The terms ‘port-
9 able’ and ‘storage’, when’’;
10 (2) by redesignating paragraphs (1) through
11 (7) as paragraphs (2) through (8), respectively; and
12 (3) by inserting before paragraph (2) (as so re-
13 designated) the following:
14 ‘‘(1) CLEAN HYDROGEN; HYDROGEN.—The
15 terms ‘clean hydrogen’ and ‘hydrogen’ mean hydro-
16 gen produced in compliance with the greenhouse gas
17 emissions standard established under section 822(a),
18 including production from any fuel source.’’.
19 SEC. 3103. CLEAN HYDROGEN RESEARCH AND DEVELOP-
20 MENT PROGRAM.
21 (a) IN GENERAL.—Section 805 of the Energy Policy
22 Act of 2005 (42 U.S. 16154) is amended—
23 (1) in the section heading, by striking ‘‘PRO-
24 GRAMS’’ and inserting ‘‘CLEAN HYDROGEN RE-
pamtmann on DSKBC07HB2PROD with BILLS
25 SEARCH AND DEVELOPMENT PROGRAM’’;
26 (2) in subsection (a)—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
237
1 (A) by striking ‘‘research and development
2 program’’ and inserting ‘‘crosscutting research
3 and development program (referred to in this
4 section as the ‘program’)’’; and
5 (B) by inserting ‘‘processing,’’ after ‘‘pro-
6 duction,’’;
7 (3) by striking subsection (b) and inserting the
8 following:
9 ‘‘(b) GOALS.—The goals of the program shall be—
10 ‘‘(1) to advance research and development to
11 demonstrate and commercialize the use of clean hy-
12 drogen in the transportation, utility, industrial, com-
13 mercial, and residential sectors; and
14 ‘‘(2) to demonstrate a standard of clean hydro-
15 gen production in the transportation, utility, indus-
16 trial, commercial, and residential sectors by 2040.’’;
17 (4) in subsection (c)(3), by striking ‘‘renewable
18 fuels and biofuels’’ and inserting ‘‘fossil fuels with
19 carbon capture, utilization, and sequestration, re-
20 newable fuels, biofuels, and nuclear energy’’;
21 (5) by striking subsection (e) and inserting the
22 following:
23 ‘‘(e) ACTIVITIES.—In carrying out the program, the
pamtmann on DSKBC07HB2PROD with BILLS
24 Secretary, in partnership with the private sector, shall
25 conduct activities to advance and support—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00237 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
238
1 ‘‘(1) the establishment of a series of technology
2 cost goals oriented toward achieving the standard of
3 clean hydrogen production developed under section
4 822(a);
5 ‘‘(2) the production of clean hydrogen from di-
6 verse energy sources, including—
7 ‘‘(A) fossil fuels with carbon capture, utili-
8 zation, and sequestration;
9 ‘‘(B) hydrogen-carrier fuels (including eth-
10 anol and methanol);
11 ‘‘(C) renewable energy resources, including
12 biomass;
13 ‘‘(D) nuclear energy; and
14 ‘‘(E) any other methods the Secretary de-
15 termines to be appropriate;
16 ‘‘(3) the use of clean hydrogen for commercial,
17 industrial, and residential electric power generation;
18 ‘‘(4) the use of clean hydrogen in industrial ap-
19 plications, including steelmaking, cement, chemical
20 feedstocks, and process heat;
21 ‘‘(5) the use of clean hydrogen for use as a fuel
22 source for both residential and commercial comfort
23 heating and hot water requirements;
pamtmann on DSKBC07HB2PROD with BILLS
24 ‘‘(6) the safe and efficient delivery of hydrogen
25 or hydrogen-carrier fuels, including—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
239
1 ‘‘(A) transmission by pipelines, including
2 retrofitting the existing natural gas transpor-
3 tation infrastructure system to enable a transi-
4 tion to transport and deliver increasing levels of
5 clean hydrogen, clean hydrogen blends, or clean
6 hydrogen carriers;
7 ‘‘(B) tanks and other distribution methods;
8 and
9 ‘‘(C) convenient and economic refueling of
10 vehicles, locomotives, maritime vessels, or
11 planes—
12 ‘‘(i) at central refueling stations; or
13 ‘‘(ii) through distributed onsite gen-
14 eration;
15 ‘‘(7) advanced vehicle, locomotive, maritime ves-
16 sel, or plane technologies, including—
17 ‘‘(A) engine and emission control systems;
18 ‘‘(B) energy storage, electric propulsion,
19 and hybrid systems;
20 ‘‘(C) automotive, locomotive, maritime ves-
21 sel, or plane materials; and
22 ‘‘(D) other advanced vehicle, locomotive,
23 maritime vessel, or plane technologies;
pamtmann on DSKBC07HB2PROD with BILLS
24 ‘‘(8) storage of hydrogen or hydrogen-carrier
25 fuels, including the development of materials for safe
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00239 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
240
1 and economic storage in gaseous, liquid, or solid
2 form;
3 ‘‘(9) the development of safe, durable, afford-
4 able, and efficient fuel cells, including fuel-flexible
5 fuel cell power systems, improved manufacturing
6 processes, high-temperature membranes, cost-effec-
7 tive fuel processing for natural gas, fuel cell stack
8 and system reliability, low-temperature operation,
9 and cold start capability;
10 ‘‘(10) the ability of domestic clean hydrogen
11 equipment manufacturers to manufacture commer-
12 cially available competitive technologies in the
13 United States;
14 ‘‘(11) the use of clean hydrogen in the trans-
15 portation sector, including in light-, medium-, and
16 heavy-duty vehicles, rail transport, aviation, and
17 maritime applications; and
18 ‘‘(12) in coordination with relevant agencies,
19 the development of appropriate, uniform codes and
20 standards for the safe and consistent deployment
21 and commercialization of clean hydrogen production,
22 processing, delivery, and end-use technologies.’’; and
23 (6) by adding at the end the following:
pamtmann on DSKBC07HB2PROD with BILLS
24 ‘‘(j) TARGETS.—Not later than 180 days after the
25 date of enactment of the Energy Infrastructure Act, the
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00240 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
241
1 Secretary shall establish targets for the program to ad-
2 dress near-term (up to 2 years), mid-term (up to 7 years),
3 and long-term (up to 15 years) challenges to the advance-
4 ment of clean hydrogen systems and technologies.’’.
5 (b) CONFORMING AMENDMENT.—The table of con-
6 tents for the Energy Policy Act of 2005 (Public Law 109–
7 58; 119 Stat. 599) is amended by striking the item relat-
8 ing to section 805 and inserting the following:
‘‘Sec. 805. Clean hydrogen research and development program.’’.
9 SEC. 3104. ADDITIONAL CLEAN HYDROGEN PROGRAMS.
10 Title VIII of the Energy Policy Act of 2005 (42
11 U.S.C. 16151 et seq.) is amended—
12 (1) by redesignating sections 813 through 816
13 as sections 818 through 821, respectively; and
14 (2) by inserting after section 812 the following:
15 ‘‘SEC. 813. REGIONAL CLEAN HYDROGEN HUBS.
16 ‘‘(a) DEFINITION OF REGIONAL CLEAN HYDROGEN
17 HUB.—In this section, the term ‘regional clean hydrogen
18 hub’ means a network of clean hydrogen producers, poten-
19 tial clean hydrogen consumers, and connective infrastruc-
20 ture located in close proximity.
21 ‘‘(b) ESTABLISHMENT OF PROGRAM.—The Secretary
22 shall establish a program to support the development of
23 at least 4 regional clean hydrogen hubs that—
pamtmann on DSKBC07HB2PROD with BILLS
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00241 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
242
1 ‘‘(1) demonstrably aid the achievement of the
2 clean hydrogen production standard developed under
3 section 822(a);
4 ‘‘(2) demonstrate the production, processing,
5 delivery, storage, and end-use of clean hydrogen; and
6 ‘‘(3) can be developed into a national clean hy-
7 drogen network to facilitate a clean hydrogen econ-
8 omy.
9 ‘‘(c) SELECTION OF REGIONAL CLEAN HYDROGEN
10 HUBS.—
11 ‘‘(1) SOLICITATION OF PROPOSALS.—Not later
12 than 180 days after the date of enactment of the
13 Energy Infrastructure Act, the Secretary shall solicit
14 proposals for regional clean hydrogen hubs.
15 ‘‘(2) SELECTION OF HUBS.—Not later than 1
16 year after the deadline for the submission of pro-
17 posals under paragraph (1), the Secretary shall se-
18 lect at least 4 regional clean hydrogen hubs to be de-
19 veloped under subsection (b).
20 ‘‘(3) CRITERIA.—The Secretary shall select re-
21 gional clean hydrogen hubs under paragraph (2)
22 using the following criteria:
23 ‘‘(A) FEEDSTOCK DIVERSITY.—To the
pamtmann on DSKBC07HB2PROD with BILLS
24 maximum extent practicable—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00242 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
243
1 ‘‘(i) at least 1 regional clean hydrogen
2 hub shall demonstrate the production of
3 clean hydrogen from fossil fuels;
4 ‘‘(ii) at least 1 regional clean hydro-
5 gen hub shall demonstrate the production
6 of clean hydrogen from renewable energy;
7 and
8 ‘‘(iii) at least 1 regional clean hydro-
9 gen hub shall demonstrate the production
10 of clean hydrogen from nuclear energy.
11 ‘‘(B) END-USE DIVERSITY.—To the max-
12 imum extent practicable—
13 ‘‘(i) at least 1 regional clean hydrogen
14 hub shall demonstrate the end-use of clean
15 hydrogen in the electric power generation
16 sector;
17 ‘‘(ii) at least 1 regional clean hydro-
18 gen hub shall demonstrate the end-use of
19 clean hydrogen in the industrial sector;
20 ‘‘(iii) at least 1 regional clean hydro-
21 gen hub shall demonstrate the end-use of
22 clean hydrogen in the residential and com-
23 mercial heating sector; and
pamtmann on DSKBC07HB2PROD with BILLS
24 ‘‘(iv) at least 1 regional clean hydro-
25 gen hub shall demonstrate the end-use of
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00243 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
244
1 clean hydrogen in the transportation sec-
2 tor.
3 ‘‘(C) GEOGRAPHIC DIVERSITY.—To the
4 maximum extent practicable, each regional
5 clean hydrogen hub—
6 ‘‘(i) shall be located in a different re-
7 gion of the United States; and
8 ‘‘(ii) shall use energy resources that
9 are abundant in that region.
10 ‘‘(D) HUBS IN NATURAL GAS-PRODUCING
11 REGIONS.—To the maximum extent practicable,
12 at least 2 regional clean hydrogen hubs shall be
13 located in the regions of the United States with
14 the greatest natural gas resources.
15 ‘‘(E) EMPLOYMENT.—The Secretary shall
16 give priority to regional clean hydrogen hubs
17 that are likely to create opportunities for skilled
18 training and long-term employment to the
19 greatest number of residents of the region.
20 ‘‘(F) ADDITIONAL CRITERIA.—The Sec-
21 retary may take into consideration other cri-
22 teria that, in the judgment of the Secretary, are
23 necessary or appropriate to carry out this title
pamtmann on DSKBC07HB2PROD with BILLS
24 ‘‘(4) FUNDING OF REGIONAL CLEAN HYDROGEN
25 HUBS.—The Secretary may make grants to each re-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00244 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
245
1 gional clean hydrogen hub selected under paragraph
2 (2) to accelerate commercialization of, and dem-
3 onstrate the production, processing, delivery, stor-
4 age, and end-use of, clean hydrogen.
5 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There
6 is authorized to be appropriated to the Secretary to carry
7 out this section $8,000,000,000 for the period of fiscal
8 years 2022 through 2026.
9 ‘‘SEC. 814. NATIONAL CLEAN HYDROGEN STRATEGY AND
10 ROADMAP.
11 ‘‘(a) DEVELOPMENT.—
12 ‘‘(1) IN GENERAL.—In carrying out the pro-
13 grams established under sections 805 and 813, the
14 Secretary, in consultation with the heads of relevant
15 offices of the Department, shall develop a techno-
16 logically and economically feasible national strategy
17 and roadmap to facilitate widescale production, proc-
18 essing, delivery, storage, and use of clean hydrogen.
19 ‘‘(2) INCLUSIONS.—The national clean hydro-
20 gen strategy and roadmap developed under para-
21 graph (1) shall focus on—
22 ‘‘(A) establishing a standard of hydrogen
23 production that achieves the standard developed
pamtmann on DSKBC07HB2PROD with BILLS
24 under section 822(a), including interim goals
25 towards meeting that standard;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00245 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
246
1 ‘‘(B)(i) clean hydrogen production and use
2 from natural gas, coal, renewable energy
3 sources, nuclear energy, and biomass; and
4 ‘‘(ii) identifying potential barriers, path-
5 ways, and opportunities, including Federal pol-
6 icy needs, to transition to a clean hydrogen
7 economy;
8 ‘‘(C) identifying—
9 ‘‘(i) economic opportunities for the
10 production, processing, transport, storage,
11 and use of clean hydrogen that exist in the
12 major shale natural gas-producing regions
13 of the United States;
14 ‘‘(ii) economic opportunities for the
15 production, processing, transport, storage,
16 and use of clean hydrogen that exist for
17 merchant nuclear power plants operating
18 in deregulated markets; and
19 ‘‘(iii) environmental risks associated
20 with potential deployment of clean hydro-
21 gen technologies in those regions, and ways
22 to mitigate those risks;
23 ‘‘(D) approaches, including substrategies,
pamtmann on DSKBC07HB2PROD with BILLS
24 that reflect geographic diversity across the
25 country, to advance clean hydrogen based on re-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
247
1 sources, industry sectors, environmental bene-
2 fits, and economic impacts in regional econo-
3 mies;
4 ‘‘(E) identifying opportunities to use, and
5 barriers to using, existing infrastructure, in-
6 cluding all components of the natural gas infra-
7 structure system, the carbon dioxide pipeline in-
8 frastructure system, end-use local distribution
9 networks, end-use power generators, LNG ter-
10 minals, industrial users of natural gas, and res-
11 idential and commercial consumers of natural
12 gas, for clean hydrogen deployment;
13 ‘‘(F) identifying the needs for and barriers
14 and pathways to developing clean hydrogen
15 hubs (including, where appropriate, clean hy-
16 drogen hubs coupled with carbon capture, utili-
17 zation, and storage hubs) that—
18 ‘‘(i) are regionally dispersed across
19 the United States and can leverage natural
20 gas to the maximum extent practicable;
21 ‘‘(ii) can demonstrate the efficient
22 production, processing, delivery, and use of
23 clean hydrogen;
pamtmann on DSKBC07HB2PROD with BILLS
24 ‘‘(iii) include transportation corridors
25 and modes of transportation, including
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00247 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
248
1 transportation of clean hydrogen by pipe-
2 line and rail and through ports; and
3 ‘‘(iv) where appropriate, could serve
4 as joint clean hydrogen and carbon cap-
5 ture, utilization, and storage hubs;
6 ‘‘(G) prioritizing activities that improve the
7 ability of the Department to develop tools to
8 model, analyze, and optimize single-input, mul-
9 tiple-output integrated hybrid energy systems
10 and multiple-input, multiple-output integrated
11 hybrid energy systems that maximize efficiency
12 in providing hydrogen, high-value heat, elec-
13 tricity, and chemical synthesis services;
14 ‘‘(H) identifying the appropriate points of
15 interaction between and among Federal agen-
16 cies involved in the production, processing, de-
17 livery, storage, and use of clean hydrogen and
18 clarifying the responsibilities of those Federal
19 agencies, and potential regulatory obstacles and
20 recommendations for modifications, in order to
21 support the deployment of clean hydrogen; and
22 ‘‘(I) identifying geographic zones or re-
23 gions in which clean hydrogen technologies
pamtmann on DSKBC07HB2PROD with BILLS
24 could efficiently and economically be introduced
25 in order to transition existing infrastructure to
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
249
1 rely on clean hydrogen, in support of
2 decarbonizing all relevant sectors of the econ-
3 omy.
4 ‘‘(b) REPORTS TO CONGRESS.—
5 ‘‘(1) IN GENERAL.—Not later than 180 days
6 after the date of enactment of the Energy Infra-
7 structure Act, the Secretary shall submit to Con-
8 gress the clean hydrogen strategy and roadmap de-
9 veloped under subsection (a).
10 ‘‘(2) UPDATES.—The Secretary shall submit to
11 Congress updates to the clean hydrogen strategy and
12 roadmap under paragraph (1) not less frequently
13 than once every 3 years after the date on which the
14 Secretary initially submits the report and roadmap.
15 ‘‘SEC. 815. CLEAN HYDROGEN MANUFACTURING AND RECY-
16 CLING.
17 ‘‘(a) CLEAN HYDROGEN MANUFACTURING INITIA-
18 TIVE.—
19 ‘‘(1) IN GENERAL.—In carrying out the pro-
20 grams established under sections 805 and 813, the
21 Secretary shall award multiyear grants to, and enter
22 into contracts, cooperative agreements, or any other
23 agreements authorized under this Act or other Fed-
pamtmann on DSKBC07HB2PROD with BILLS
24 eral law with, eligible entities (as determined by the
25 Secretary) for research, development, and dem-
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00249 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
250
1 onstration projects to advance new clean hydrogen
2 production, processing, delivery, storage, and use
3 equipment manufacturing technologies and tech-
4 niques.
5 ‘‘(2) PRIORITY.—In awarding grants or enter-
6 ing into contracts, cooperative agreements, or other
7 agreements under paragraph (1), the Secretary, to
8 the maximum extent practicable, shall give priority
9 to clean hydrogen equipment manufacturing projects
10 that—
11 ‘‘(A) increase efficiency and cost-effective-
12 ness in—
13 ‘‘(i) the manufacturing process; and
14 ‘‘(ii) the use of resources, including
15 existing energy infrastructure;
16 ‘‘(B) support domestic supply chains for
17 materials and components;
18 ‘‘(C) identify and incorporate nonhaz-
19 ardous alternative materials for components
20 and devices;
21 ‘‘(D) operate in partnership with tribal en-
22 ergy development organizations, Indian Tribes,
23 Tribal organizations, Native Hawaiian commu-
pamtmann on DSKBC07HB2PROD with BILLS
24 nity-based organizations, or territories or freely
25 associated States; or
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00250 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
251
1 ‘‘(E) are located in economically distressed
2 areas of the major natural gas-producing re-
3 gions of the United States.
4 ‘‘(3) EVALUATION.—Not later than 3 years
5 after the date of enactment of the Energy Infra-
6 structure Act, and not less frequently than once
7 every 4 years thereafter, the Secretary shall conduct,
8 and make available to the public and the relevant
9 committees of Congress, an independent review of
10 the progress of the projects carried out through
11 grants awarded, or contracts, cooperative agree-
12 ments, or other agreements entered into, under
13 paragraph (1).
14 ‘‘(b) CLEAN HYDROGEN TECHNOLOGY RECYCLING
15 RESEARCH, DEVELOPMENT, AND DEMONSTRATION PRO-
16 GRAM.—
17 ‘‘(1) IN GENERAL.—In carrying out the pro-
18 grams established under sections 805 and 813, the
19 Secretary shall award multiyear grants to, and enter
20 into contracts, cooperative agreements, or any other
21 agreements authorized under this Act or other Fed-
22 eral law with, eligible entities for research, develop-
23 ment, and demonstration projects to create innova-
pamtmann on DSKBC07HB2PROD with BILLS
24 tive and practical approaches to increase the reuse
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00251 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
252
1 and recycling of clean hydrogen technologies, includ-
2 ing by—
3 ‘‘(A) increasing the efficiency and cost-ef-
4 fectiveness of the recovery of raw materials
5 from clean hydrogen technology components
6 and systems, including enabling technologies
7 such as electrolyzers and fuel cells;
8 ‘‘(B) minimizing environmental impacts
9 from the recovery and disposal processes;
10 ‘‘(C) addressing any barriers to the re-
11 search, development, demonstration, and com-
12 mercialization of technologies and processes for
13 the disassembly and recycling of devices used
14 for clean hydrogen production, processing, de-
15 livery, storage, and use;
16 ‘‘(D) developing alternative materials, de-
17 signs, manufacturing processes, and other as-
18 pects of clean hydrogen technologies;
19 ‘‘(E) developing alternative disassembly
20 and resource recovery processes that enable effi-
21 cient, cost-effective, and environmentally re-
22 sponsible disassembly of, and resource recovery
23 from, clean hydrogen technologies; and
pamtmann on DSKBC07HB2PROD with BILLS
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00252 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
253
1 ‘‘(F) developing strategies to increase con-
2 sumer acceptance of, and participation in, the
3 recycling of fuel cells.
4 ‘‘(2) DISSEMINATION OF RESULTS.—The Sec-
5 retary shall make available to the public and the rel-
6 evant committees of Congress the results of the
7 projects carried out through grants awarded, or con-
8 tracts, cooperative agreements, or other agreements
9 entered into, under paragraph (1), including any
10 educational and outreach materials developed by the
11 projects.
12 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
13 is authorized to be appropriated to the Secretary to carry
14 out this section $500,000,000 for the period of fiscal years
15 2022 through 2026.
16 ‘‘SEC. 816. CLEAN HYDROGEN ELECTROLYSIS PROGRAM.
17 ‘‘(a) DEFINITIONS.—In this section:
18 ‘‘(1) ELECTROLYSIS.—The term ‘electrolysis’
19 means a process that uses electricity to split water
20 into hydrogen and oxygen.
21 ‘‘(2) ELECTROLYZER.—The term ‘electrolyzer’
22 means a system that produces hydrogen using elec-
23 trolysis.
pamtmann on DSKBC07HB2PROD with BILLS
24 ‘‘(3) PROGRAM.—The term ‘program’ means
25 the program established under subsection (b).
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00253 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
254
1 ‘‘(b) ESTABLISHMENT.—Not later than 90 days after
2 the date of enactment of the Energy Infrastructure Act,
3 the Secretary shall establish a research, development,
4 demonstration, commercialization, and deployment pro-
5 gram for purposes of commercialization to improve the ef-
6 ficiency, increase the durability, and reduce the cost of
7 producing clean hydrogen using electrolyzers.
8 ‘‘(c) GOALS.—The goals of the program are—
9 ‘‘(1) to reduce the cost of hydrogen produced
10 using electrolyzers to less than $2 per kilogram of
11 hydrogen by 2026; and
12 ‘‘(2) any other goals the Secretary determines
13 are appropriate.
14 ‘‘(d) DEMONSTRATION PROJECTS.—In carrying out
15 the program, the Secretary shall fund demonstration
16 projects—
17 ‘‘(1) to demonstrate technologies that produce
18 clean hydrogen using electrolyzers; and
19 ‘‘(2) to validate information on the cost, effi-
20 ciency, durability, and feasibility of commercial de-
21 ployment of the technologies described in paragraph
22 (1).
23 ‘‘(e) FOCUS.—The program shall focus on research
pamtmann on DSKBC07HB2PROD with BILLS
24 relating to, and the development, demonstration, and de-
25 ployment of—
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
255
1 ‘‘(1) low-temperature electrolyzers, including
2 liquid-alkaline electrolyzers, membrane-based
3 electrolyzers, and other advanced electrolyzers, capa-
4 ble of converting intermittent sources of electric
5 power to clean hydrogen with enhanced efficiency
6 and durability;
7 ‘‘(2) high-temperature electrolyzers that com-
8 bine electricity and heat to improve the efficiency of
9 clean hydrogen production;
10 ‘‘(3) advanced reversible fuel cells that combine
11 the functionality of an electrolyzer and a fuel cell;
12 ‘‘(4) new highly active, selective, and durable
13 electrolyzer catalysts and electro-catalysts that—
14 ‘‘(A) greatly reduce or eliminate the need
15 for platinum group metals; and
16 ‘‘(B) enable electrolysis of complex mix-
17 tures with impurities, including seawater;
18 ‘‘(5) modular electrolyzers for distributed en-
19 ergy systems and the bulk-power system (as defined
20 in section 215(a) of the Federal Power Act (16
21 U.S.C. 824o(a)));
22 ‘‘(6) low-cost membranes or electrolytes and
23 separation materials that are durable in the presence
pamtmann on DSKBC07HB2PROD with BILLS
24 of impurities or seawater;
•S 2377 RS
VerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377
256
1 ‘‘(7) improved component design and material
2 integration, including with respect to electrodes, po-
3 rous transport layers and bipolar plates, and bal-
4 ance-of-system components, to allow for scale-up and
5 domestic manufacturing of electrolyzers at a high
6 volume;
7 ‘‘(8) clean hydrogen storage technologies;
8 ‘‘(9) technologies that integrate hydrogen pro-
9 duction with—
10 ‘‘(A) clean hydrogen compression and dry-
11 ing technologies;
12 ‘‘(B) clean hydrogen storage; and
13 ‘‘(C) transportation or stationary systems;
14 and
15 ‘‘(10) integrated systems that combine hydro-
16 gen production with renewable power or nuclear
17 power generation technologies, including hybrid sys-
18 tems with hydrogen storage.
19 ‘‘(f) GRANTS, CONTRACTS, COOPERATIVE AGREE-
20 MENTS.—
Full text truncated for size; the complete document is in the PDF above.File and source
- File
- BILLS_bills-117s2377rs_bills-117s2377rs.pdf
- Size
- 1,114,063 bytes
- SHA-256
- 9ff364f3d31307a4b846388a8490d2445ae2271bc2664d304896b6b4b4e16651
- Original
- www.govinfo.gov