Pandemic Darlings The pandemic economy, in original documents
Home Source documents S. 2377, Energy Infrastructure Act

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
Our copy
BILLS_bills-117s2377rs_bills-117s2377rs.pdf
Original
www.govinfo.gov
Back to top