Providing for Consideration of the Bill (H.R. 4447), the Bill (H.R. 6270) and the Bill (H.R. 8319)
Summary
House Report 116–528 is a report of the Committee on Rules, submitted by Mr. McGovern, referred to the House Calendar and ordered to be printed September 21, 2020, on House Resolution 1129. The Committee, by a record vote of 7 to 3, reports the resolution with the recommendation that it be adopted. The resolution provides for consideration of H.R. 4447, the Clean Economy Jobs and Innovation Act, under a structured rule with 90 minutes of general debate. The report's title also lists H.R. 6270, on disclosures relating to the Xinjiang Uyghur Autonomous Region, and H.R. 8319, making continuing appropriations for fiscal year 2021.
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“Providing for Consideration of the Bill (H.R. 4447), the Bill (H.R. 6270) and the Bill (H.R. 8319).”
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116TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 116–528
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4447) TO ESTABLISH
AN ENERGY STORAGE AND MICROGRID GRANT AND TECHNICAL ASSIST-
ANCE PROGRAM; PROVIDING FOR CONSIDERATION OF THE BILL (H.R.
6270) TO AMEND THE SECURITIES EXCHANGE ACT OF 1934 TO REQUIRE
ISSUERS TO MAKE CERTAIN DISCLOSURES RELATING TO THE XINJIANG
UYGHUR AUTONOMOUS REGION, AND FOR OTHER PURPOSES; AND PRO-
VIDING FOR CONSIDERATION OF THE BILL (H.R. 8319) MAKING CON-
TINUING APPROPRIATIONS FOR FISCAL YEAR 2021, AND FOR OTHER
PURPOSES
SEPTEMBER 21, 2020.—Referred to the House Calendar and ordered to be printed.
Mr. MCGOVERN, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 1129]
The Committee on Rules, having had under consideration House
Resolution 1129, by a record vote of 7 to 3, report the same to the
House with the recommendation that the resolution be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 4447, the Clean
Economy Jobs and Innovation Act, under a structured rule. The
resolution provides 90 minutes of general debate equally divided
among and controlled by the chair and ranking minority member
of the Committee on Energy and Commerce and the chair and
ranking minority member of the Committee on Science, Space, and
Technology. The resolution waives all points of order against con-
sideration of the bill. The resolution provides that an amendment
in the nature of a substitute consisting of the text of Rules Com-
mittee Print 116–63, modified by the amendment printed in Part
A of this report, shall be considered as adopted and the bill, as
amended, shall be considered as read. The resolution waives all
points of order against provisions in the bill, as amended. Section
2 of the resolution provides that following debate, each further
amendment printed in part B of this report not earlier considered
as part of amendments en bloc pursuant to section 3 shall be con-
sidered only in the order printed in this report, may be offered only
by a Member designated in this report, shall be considered as read,
shall be debatable for the time specified in the report equally di-
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vided and controlled by the proponent and an opponent, may be
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2
withdrawn by the proponent at any time before the question is put
thereon, shall not be subject to amendment, and shall not be sub-
ject to a demand for division of the question. Section 3 of the reso-
lution provides that at any time after debate the chair of the Com-
mittee on Energy and Commerce or his designee may offer amend-
ments en bloc consisting of further amendments printed in part B
of this report not earlier disposed of. Amendments en bloc shall be
considered as read, shall be debatable for 20 minutes equally di-
vided and controlled by the chair and ranking minority member of
the Committee on Energy and Commerce or their designees, shall
not be subject to amendment, and shall not be subject to a demand
for division of the question. The resolution waives all points of
order against the amendments printed in part B of this report and
amendments en bloc described in section 3. The resolution provides
one motion to recommit with or without instructions. The resolu-
tion provides for consideration of H.R. 6270, the Uyghur Forced
Labor Disclosure Act of 2020, under a closed rule. The resolution
provides one hour of general debate equally divided and controlled
by the chair and ranking minority member of the Committee on Fi-
nancial Services. The resolution waives all points of order against
consideration of the bill. The resolution provides that an amend-
ment in the nature of a substitute consisting of the text of Rules
Committee Print 116–64 shall be considered as adopted and the
bill, as amended, shall be considered as read. The resolution waives
all points of order against provisions in the bill, as amended. The
resolution provides one motion to recommit with or without in-
structions. The resolution provides for consideration of H.R. 8319,
the Continuing Appropriations Act, 2021 and Other Extensions
Act, under a closed rule. The resolution provides one hour of gen-
eral debate equally divided and controlled by the chair and ranking
minority member of the Committee on Appropriations. The resolu-
tion waives all points of order against consideration of the bill and
provides that the bill shall not be subject to a question of consider-
ation. The resolution provides that the bill shall be considered as
read. The resolution waives all points of order against provisions
in the bill. The resolution provides that clause 2(e) of rule XXI
shall not apply during consideration of the bill. The resolution pro-
vides one motion to recommit.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of H.R.
4447 includes waivers of the following:
• Clause 3(d)(1) of rule XIII, which requires the inclusion of
committee cost estimate in a committee report. A CBO cost es-
timate on H.R. 4447 was not available at the time the Com-
mittee on Energy and Commerce filed its report.
• Clause 12(a)(1) of rule XXI, which prohibits consideration
of a bill unless there is a searchable electronic comparative
print that shows how the bill proposes to change current law.
• Clause 12(b) of rule XXI, which prohibits consideration of
a bill unless there is a searchable electronic comparative print
that shows how the text of the bill as proposed to be considered
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differs from the text of the bill as reported.
The waiver of all points of order against provisions in H.R. 4447,
as amended, includes waivers of the following:
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• Clause 4 of rule XXI, which prohibits reporting a bill car-
rying an appropriation from a committee not having jurisdic-
tion to report an appropriation.
• Clause 5(a) of rule XXI, which prohibits a bill or joint reso-
lution carrying a tax or tariff measure from being reported by
a committee not having jurisdiction to report tax or tariff
measures.
Although the resolution waives all points of order against the
amendments printed in part B of this report or against amend-
ments en bloc described in Section 3 of the resolution, the Com-
mittee is not aware of any points of order. The waiver is prophy-
lactic in nature.
The waiver of all points of order against consideration of H.R.
6270 includes waivers of the following:
• Section 103(i) of H. Res. 6, which prohibits consideration
of a reported bill unless the committee report designates a
hearing used to develop or consider the bill.
• Clause 12(a)(1) of rule XXI, which prohibits consideration
of a bill unless there is a searchable electronic comparative
print that shows how the bill proposes to change current law.
Although the resolution waives all points of order against provi-
sions in H.R. 6270, as amended, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
The waiver of all points of order against consideration of H.R.
8319 includes waivers of the following:
• Clause 10 of rule XXI, which prohibits consideration of a
measure that has a net effect of increasing the deficit or reduc-
ing the surplus over the five- or 10-year period.
• Clause 11 of rule XXI, which prohibits consideration of a
bill or joint resolution which has not been reported by a com-
mittee until such measure has been available to Members, Del-
egates, and the Resident Commissioner for 72 hours.
• Clause 12(a)(1) of rule XXI, which prohibits consideration
of a bill unless there is a searchable electronic comparative
print that shows how the bill proposes to change current law.
• Section 302(f)(1) of the Congressional Budget Act, which
prohibits consideration of legislation providing new budget au-
thority in excess of a 302(a) or 302(b) allocation of such author-
ity.
• Section 311(a) of the Congressional Budget Act, which pro-
hibits consideration of legislation that would cause the level of
total new budget authority for the first fiscal year to be exceed-
ed, or would cause revenues to be less than the level of total
revenues for the first fiscal year or for the total of that first
fiscal year and the ensuing fiscal years for which allocations
are provided, except when a declaration of war by the Congress
is in effect.
Although the resolution waives all points of order against provi-
sions in H.R. 8319, the Committee is not aware of any points of
order. The waiver is prophylactic in nature.
COMMITTEE VOTES
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The results of each record vote on an amendment or motion to
report, together with the names of those voting for and against, are
printed below:
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Rules Committee Record Vote No. 348
Motion by Mr. Cole to report an open rule for H.R. 4447 and H.R.
6270. Defeated: 3–7
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Woodall ...................................................... Yea
Mr. Perlmutter .................................................. ................... Mr. Burgess ..................................................... ...................
Mr. Raskin ........................................................ Nay Mrs. Lesko ........................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Ms. Shalala ...................................................... Nay
Ms. Matsui ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee Record Vote No. 349
Motion by Mr. Cole to amend the rule to H.R. 8319 to make in
order amendment #5, offered by Rep. Conaway (TX), which extends
the authority for the Pandemic EBT program and extends lending
authority for the Commodity Credit Corporation. Defeated: 3–7
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Woodall ...................................................... Yea
Mr. Perlmutter .................................................. ................... Mr. Burgess ..................................................... ...................
Mr. Raskin ........................................................ Nay Mrs. Lesko ........................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Ms. Shalala ...................................................... Nay
Ms. Matsui ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee Record Vote No. 350
Motion by Ms. Scanlon to report the rule. Adopted: 7–3
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Nay
Mrs. Torres ....................................................... Yea Mr. Woodall ...................................................... Nay
Mr. Perlmutter .................................................. ................... Mr. Burgess ..................................................... ...................
Mr. Raskin ........................................................ Yea Mrs. Lesko ........................................................ Nay
Ms. Scanlon ...................................................... Yea
Mr. Morelle ....................................................... Yea
Ms. Shalala ...................................................... Yea
Ms. Matsui ....................................................... Yea
Mr. McGovern, Chairman ................................. Yea
SUMMARY OF THE AMENDMENT TO H.R. 4447 IN PART A CONSIDERED
AS ADOPTED
1. Pallone (NJ): Makes several technical and conforming changes
to the bill; adds findings and a report related to energy and water
efficiency measures and energy savings performance contracts;
amends prevailing wage and wage rate requirements in several
sections of the bill; removes certain spending provisions related to
public lands renewable energy development; clarifies that the focus
of the methane hydrate research program is on risk assessment
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and mitigation of environmental impacts; clarifies the timing and
application of eminent domain for pipeline projects; codifies a re-
cent Department of Commerce agreement limiting importation of
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uranium from Russia into the United States; defers collection of
fees and expands eligibility criteria for the DOE Title XVII Loan
Program; adds a new requirement for EPA to establish a protocol
for assessing and addressing the cumulative impacts of environ-
mental stressors; and establishes a uniform definition of ‘‘appren-
ticeship’’ and ‘‘pre-apprenticeship’’ for the act.
SUMMARY OF THE AMENDMENTS TO H.R. 4447 IN PART B MADE IN
ORDER
1. Axne (IA), Bustos (IL): Adds biofuels facilities as eligible for
funding under the Carbon Capture Program. (10 minutes)
2. Barragán (CA), Beyer (VA), Lee, Barbara (CA), Raskin (MD),
Velázquez (NY), Bonamici (OR), Huffman (CA), Lowenthal (CA),
Clarke, Yvette (NY), Khanna (CA), Hastings (FL), Kennedy (MA):
Establishes a $1 billion dollar a year Climate Smart Ports program
at EPA to provide grants for ports and port users to invest in zero
emissions technology for cargo handling equipment, drayage
trucks, and harbor craft. The program also supports the develop-
ment of shore power and clean energy microgrids at ports. (10 min-
utes)
3. Barragán (CA): Increases the authorized appropriation by
$40,000,000 for FY 2021–2030 for the EPA’s Environmental Justice
Small Grants Program, Environmental Justice Collaborative Prob-
lem-Solving Cooperative Agreement Program, and Community Ac-
tion for a Renewed Environment grant programs I and II. (10 min-
utes)
4. Barragán (CA): Increases authorized appropriation levels by
$100,000,000 for the Weatherization Assistance Program for Fiscal
Year 2021–2025. (10 minutes)
5. Barragán (CA): Establishes a climate justice grants program,
administered by EPA, to provide local government and community
non-profit grants to environmental justice communities for climate
mitigation and climate adaptation projects. The authorized appro-
priation is $1 billion a year for FY 2021–2025. (10 minutes)
6. Barragán (CA), Cárdenas (CA), McEachin (VA): Increases the
authorized appropriation by $50 million a year for FY 2021–2025
for the low-income solar grant program in Subtitle D. (10 minutes)
7. Blunt Rochester (DE): Funds clean energy and energy effi-
ciency upgrades to critical infrastructure, like schools and hos-
pitals. (10 minutes)
8. Brown (MD): Prohibits the use of certain hazardous substances
linked to respiratory sensitization and asthma in thermal insu-
lating materials for low income housing weatherization. (10 min-
utes)
9. Burgess (TX): Requires the Secretary of Energy to certify that
this legislation will not reduce the United States’ energy security
or energy independence. (10 minutes)
10. Burgess (TX): Requires the Secretary of Energy to certify that
this legislation will not increase electric rates or gasoline prices.
(10 minutes)
11. Burgess (TX): Requires the Secretary of Interior to report to
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Congress on the use of forced labor practices to extract critical min-
erals from foreign sources for export to the United States. (10 min-
utes)
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12. Burgess (TX): Requires the Secretary of Energy to report to
Congress on the effect of variable and distributed energy resources
on the reliability of the electric grid, specifically pertaining to nat-
ural disasters and physical or cyber attacks on the grid infrastruc-
ture. (10 minutes)
13. Burgess (TX): Requires the Secretary of Energy to report to
Congress on the potential duplication of research efforts in the De-
partment of Energy’s applied energy programs, evaluate the oppor-
tunity costs associated with such efforts, and examine the impact
of combining duplicated projects. Also requires recommendations on
streamlining research grant process. (10 minutes)
14. Castor (FL): Adds emissions reduction and climate change
mitigation to DOE’s R&D mission. (10 minutes)
15. Castor (FL): Directs the Secretary of Energy to engage the
National Academies for a study to identify barriers to equitable dis-
tribution of the benefits of clean energy to frontline communities.
(10 minutes)
16. Clarke, Yvette (NY): Establishes a pilot program within the
Environmental Protection Agency to award funds in the form of
grants, rebates and low-cost revolving loans to projects that either
(1) replace an existing diesel-powered transport refrigeration unit
in a heavy-duty vehicle with an electric unit; or (2) purchase and
install shore power infrastructure or related equipment that en-
ables electric transport refrigeration units to operate on grid elec-
tricity at places where refrigerated heavy-duty vehicles congregate,
such as distribution centers. (10 minutes)
17. Cleaver (MO), McKinley (WV): Directs the Secretary of En-
ergy to establish a grant program for tree planting to reduce resi-
dential energy consumption. The Secretary should award sufficient
grants each year to plant not less than 300,000 trees a year until
2025. (10 minutes)
18. Cox (CA): Adds agricultural applications, such as solar pow-
ered smart agricultural monitoring and irrigation systems, as an
eligible solar energy research subject area. (10 minutes)
19. DeGette (CO), Perlmutter (CO): Requires EPA to identify 100
environmental justice communities overburdened by pollution vio-
lations and implement strategies for ending the violations. (10 min-
utes)
20. Delgado (NY): Requires the Department of Labor and the De-
partment of Energy to project the current and future workforce
needs and shortages within the clean energy technology industry.
(10 minutes)
21. DeSaulnier (CA): Establishes a Department of Energy, in co-
ordination with the Department of Labor, grant program for local
communities to develop transition plans for their fossil fuel work-
force to more sustainable jobs or sectors. (10 minutes)
22. Dingell (MI), Walberg (MI): Amends the Energy Policy and
Conservation Act to modify and make technical changes to the defi-
nition of water heater under energy conservation standards. (10
minutes)
23. Doggett (TX), Raskin (MD), Cisneros (CA), Beyer (VA),
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Huffman (CA), Porter (CA), Pocan (WI), Barragán (CA), Casten
(IL): Direct the National Academy of Sciences to conduct a study
to evaluate the efficacy of carbon capture technology and to identify
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industries where energy efficiency is most enhanced by the addition
of carbon capture technology. (10 minutes)
24. Escobar (TX): Requires the Department of Energy to give spe-
cial consideration to minority-serving institutions, or a multi-insti-
tutional consortium which includes a minority-serving institution,
when awarding grants, contracts, or cooperative agreements for
solar energy research and development programs. (10 minutes)
25. Finkenauer (IA): Provides labor standards for clean energy
projects being funded in whole or in part by provisions of this bill.
(10 minutes)
26. Garamendi (CA), Lowenthal (CA): Clarifies that offshore
wind projects on the Outer Continental Shelf are indeed subject to
jurisdiction of the U.S. Constitution and applicable federal laws, as
offshore oil/gas rigs are currently. House passed this language by
voice vote in 112th Congress (see H.R. 2360). (10 minutes)
27. Golden (ME): Incorporates biomass systems into the Distrib-
uted Renewable Energy section of the bill, as well as the energy
workforce development and grant program sections. (10 minutes)
28. Graves, Garret (LA): Requires the Secretary of Energy to
identify the ability to source necessary critical minerals necessary
for solar energy production. (10 minutes)
29. Graves, Garret (LA): Requires actions under emissions reduc-
tion road map to be cost-competitive in developing countries as
well. (10 minutes)
30. Graves, Garret (LA): Requires a report on the increase or de-
crease in net imports of critical minerals as a result of actions
taken in section 5302. (10 minutes)
31. Haaland (NM), Gallego (AZ): Ensures that the HA-LEU pro-
gram created in the bill will not negatively impact the natural or
cultural resources of Tribal communities or Native Nations or de-
grade ground or surface water quality as a result of uranium min-
ing. (10 minutes)
32. Haaland (NM), Tlaib (MI), Ocasio-Cortez (NY): Increases au-
thorizations for renewable energy R&D accounts by 50% and adds
an authorization for total funding for research, development, dem-
onstration and commercialization activities for EERE. (10 minutes)
33. Harder (CA): Directs the Secretary of Energy to generate a
map that maps wildfire risk around utilities to allow for better
planning for grid hardening, vegetation management, and emer-
gency access points, among other things. (10 minutes)
34. Harder (CA): Requires the Centers of Excellence to consider
the public health effects of wildfire smoke on outdoor workers,
strengthens research and outreach, requires collaboration between
centers and grantees, and sets a standard for determining Centers.
(10 minutes)
35. Hayes (CT), Cárdenas (CA): Amends Section 6201, the Reau-
thorization of the Clean School Bus Program. Reserves $100 mil-
lion of $130 million per fiscal year between 2021–2025 for awards
to eligible recipients proposing to replace school buses with zero-
emission school buses. (10 minutes)
36. Hayes (CT), Trahan (MA): Ensures nothing in this bill would
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affect the safety and well being of children in carrying out the
projects, programs, and other applicable items in this Act or affect
the enforcement of child labor and forced labor laws. (10 minutes)
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37. Huffman (CA): Ensures that harmed Indian Tribes have an
opportunity to address the Klamath Hydroelectric Project’s historic
and ongoing damages to tribal and fishery resources, and that any
annual license includes comprehensive studies of the facility’s im-
pacts. (10 minutes)
38. Kuster (NH): Doubles funding to $40,000,000 for the Energy
Workforce Development program, which will help schools and
workforce programs train the next generation of energy workers.
(10 minutes)
39. Lamb (PA), Trahan (MA): Authorizes fusion research pro-
gram. (10 minutes)
40. Lamb (PA): Authorizes milestone-based nuclear demonstra-
tion projects. (10 minutes)
41. Lamb (PA): Authorizes produced water research, develop-
ment, and demonstration program. (10 minutes)
42. Larsen, Rick (WA): Directs the U.S. Department of Transpor-
tation to catalog climate change mitigation efforts in U.S. aviation
and aerospace, identify barriers to adoption and serve as a road-
map for U.S. aviation to meet emission reduction goals. (10 min-
utes)
43. Lee, Susie (NV), Tonko (NY): Amends subtitle C of Title II
to facilitate a streamlined process for the local permitting of dis-
tributed energy systems. (10 minutes)
44. Levin, Andy (MI), Ocasio-Cortez (NY): Amends various pro-
grams under subtitle E—EV Infrastructure by expanding on the
definition of ‘‘underserved or disadvantaged community’’ used
under this subtitle; ensuring EV supply equipment listed as eligible
for the rebate program is ADA compliant; requiring identification
of nearby existing publicly available EV supply equipment in the
EV infrastructure rebate program application; requiring the Sec-
retary of Energy in developing standards for an electric vehicle
charging network to provide considerations for addressing range
anxiety and the need for a nationwide network of EV charging in-
frastructure; and ensuring State Energy Transportation Plans in-
clude considerations for statewide networks of EV charging infra-
structure and modernization to electric grids to be powered by re-
newable energy sources. (10 minutes)
45. Levin, Andy (MI): Directs the Secretary of Labor, in consulta-
tion with the Secretary of Energy, and acting through the Bureau
of Labor statistics to collect and analyze labor market data to track
workforce trends resulting from renewable energy and energy effi-
ciency technology initiatives. Authorizes appropriations of
$10,000,000 for each fiscal years 2021 through 2025 to carry out
this section. (10 minutes)
46. Levin, Mike (CA), Bonamici (OR), Neguse (CO): Establishes
a program to improve wildfire smoke emissions modeling and to de-
velop smoke forecasts. Directs the Environmental Protection Agen-
cy to collect data and coordinate research on the impacts of acute
air pollution exposure from wildfires. (10 minutes)
47. Lipinski (IL): Requires the Secretary of Energy to carry out
a research program on effects of exposure to low-dose radiation. (10
minutes)
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48. Loebsack (IA), Velázquez (NY): Establishes a grant program
within DOE for the purpose of making energy efficiency and renew-
able energy improvements at public school facilities. (10 minutes)
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49. Lowenthal (CA): Requires the Department of Interior to cre-
ate an online database to annually report the type of energy and
emissions produced on federal public lands. (10 minutes)
50. Lucas (OK): Expresses the sense of Congress that in order to
reduce emissions and meet 100 percent of the power demand in the
United States through clean, renewable, or zero emission energy
sources while maintaining U.S. leadership in science and tech-
nology, the Secretary of Energy must prioritize funding for funda-
mental research, and research and development infrastructure. (10
minutes)
51. Lucas (OK): Expresses the sense of Congress that in order to
reduce emissions and meet 100 percent of the power demand in the
United States through clean, renewable, or zero emission energy
sources while maintaining U.S. competitiveness in science and
technology, the U.S. must prioritize investment in domestic energy
sources and supply chains, as well as investment in the research
and development of exportable next-generation energy technologies.
(10 minutes)
52. Luján (NM), Castor (FL): Supports the growth of local solar
energy by making community solar more accessible to all con-
sumers and ratepayers, including lower-income consumers, by re-
quiring states to consider enacting policies to allow community
solar projects. (10 minutes)
53. McNerney (CA), Bonamici (OR): Directs the National Insti-
tute of Standards and Technology (NIST) to collect data following
wildfires in the wildland-urban interface related to the influence of
building materials on structural fires and how wind, terrain, and
moisture affect wildland fires. NIST would also be required to con-
duct research on and develop metrics for economic outcomes associ-
ated with wildland-urban interface fire mitigation. (10 minutes)
54. Mucarsel-Powell (FL): Directs the Secretary to support re-
search and development of underground transmission and distribu-
tion lines to lower costs and improve reliability and safety. (10 min-
utes)
55. Norcross (NJ), McKinley (WV): Creates a rebate program for
energy efficient electrotechnologies upgrades. (10 minutes)
56. Norcross (NJ): Allows grant funds for Building efficiency and
resiliency to be used to make an addition or alteration to, or to in-
stall, replace, or provide maintenance to, an air filtration and puri-
fication system of an HVAC system to help prevent the spread of
COVID–19. All laborers and mechanics employed in the process of
the project must be paid prevailing wages. (10 minutes)
57. Ocasio-Cortez (NY): Strikes section 3109 on methane hy-
drates. (10 minutes)
58. O’Halleran (AZ): Reauthorizes and increases funding for Sec-
tion 609 ‘‘Rural and Remote Communities Electrification Grants’’
under the Public Utility Regulatory Policies Act (PURPA) to assist
the economic transition of rural and distressed communities im-
pacted by the downturn of coal-fired power generation. Grants
available under this section may be used to increase energy effi-
ciency, upgrade transmission or distribution lines, or modernize
electric generation facilities in rural and distressed communities,
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with an emphasis on renewable energy. (10 minutes)
59. O’Halleran (AZ): Directs the Department of Energy to estab-
lish a ‘‘Coal Community Resource Clearinghouse’’ for the purpose
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10
of increasing awareness of Federal and State programs, grants,
loans, and technical assistance resources DOE determines could as-
sist economic development and transition activities in communities
impacted by the downturn of coal-fired power generation. (10 min-
utes)
60. Omar (MN): Requires the Administrator to establish and
carry out a program to award grants, on a competitive basis, to eli-
gible entities for projects that are consistent with zero-waste prac-
tices. (10 minutes)
61. Omar (MN): States that the Secretary of the Treasury, shall
submit to Congress a report that contains—(1) an identification of
any existing fossil fuel production subsidies not eliminated by this
Act, or the amendments made by this Act; and (2) a quantification
of the economic costs of such subsidies. (10 minutes)
62. Panetta (CA), LaMalfa (CA), Costa (CA), Garamendi (CA),
Harder (CA), Carbajal (CA): Directs the Secretary of Energy to es-
tablish a critical infrastructure and microgrid research program.
(10 minutes)
63. Panetta (CA), LaMalfa (CA), Costa (CA), Garamendi (CA),
Carbajal (CA): Expands financial assistance for weatherization en-
hancement and innovation to cover the use of materials that are
resistant to high heat and fire in dwellings occupied by low-income
persons in areas at risk from drought and wildfires. (10 minutes)
64. Perlmutter (CO): Modifies the definition of energy storage to
broaden its scope. (10 minutes)
65. Peters (CA): Establishes an interagency task force to create
an action plan to reduce super pollutants based on policy rec-
ommendations provided by the Intergovernmental Panel on Cli-
mate Change, U.S. Climate Alliance, and other relevant agencies.
(10 minutes)
66. Peters (CA): Directs EPA, DOE and other relevant agencies
to develop a comprehensive plan to reduce black carbon emissions
from the international shipping industry through its membership
in the International Maritime Organization (IMO), including bind-
ing limits on black carbon as part of the Polar Code. (10 minutes)
67. Peters (CA): Requires the DOE to release the Interconnec-
tions Seams Study, which may support efforts to increase renew-
able energy transmission, and has reportedly been held and/or al-
tered for political reasons. (10 minutes)
68. Pingree (ME), Spanberger (VA): Includes agricultural and
grazing practices and forest management and afforestation as pri-
orities in the Department of Energy’s carbon removal program. (10
minutes)
69. Pingree (ME): Includes research and development that re-
duces impacts on existing ocean uses and increases coordination be-
tween offshore wind and existing users, including the commercial
fishing industry, as purposes of the Department of Energy’s wind
energy research and development grant program. (10 minutes)
70. Plaskett (VI), Lieu (CA), San Nicolas (GU): Establishes a De-
partment of Energy grant program for investments in renewable
energy systems, energy efficiency activities, energy storage, smart
grids, or microgrids in territories of the United States, as well as
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for training local residents. Grants would be awarded to non-profit
organizations and the Department of Energy’s National Labora-
tories may provide technical assistance. (10 minutes)
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71. Pocan (WI): Reauthorizes the EPA State Indoor Radon Grant
(SIRG) Program. (10 minutes)
72. Quigley (IL): Directs GSA to incorporate, to the extent prac-
ticable, features, practices, and strategies to reduce bird fatality re-
sulting from collisions with public buildings. (10 minutes)
73. Quigley (IL): Establishes an Advanced Energy Technology
Research Initiative at FERC to reform power system modeling and
update grid services and grid operator software, and authorizes
studies on advanced energy and electric grid efficiency. (10 min-
utes)
74. Rouda (CA): Suspends preemption for federal appliance and
equipment efficiency standards when DOE misses deadlines to up-
date such standards. (10 minutes)
75. Rush (IL): Requires the Secretary of Energy to establish an
energy jobs council. The council shall conduct a survey of energy
employers and produce annually an energy and employment report.
(10 minutes)
76. Schrader (OR): Establishes the Home Wildfire Risk Reduction
Rebate program, to provide rebates to homeowners to defray the
costs of retrofitting an existing home to be wildfire-resistant. (10
minutes)
77. Schweikert (AZ): Requires the Secretary of Energy to conduct
a study on the benefits of blue hydrogen technology and how that
can further enhance the deployment and adoption of carbon cap-
ture and storage. (10 minutes)
78. Scott, Bobby (VA), Murphy, Stephanie (FL): Supports the use
of modeling and simulation tools to more efficiently design, site,
permit, manufacture, construct, operate, maintain, and decommis-
sion wind energy systems. (10 minutes)
79. Scott, Bobby (VA): Supports research on the recovery of crit-
ical materials used in wind energy systems. (10 minutes)
80. Sherrill (NJ): Provides explicit direction for DOE to conduct
RD&D on ways to reduce siting and permitting issues associated
with potential impacts of wind power systems on air traffic control,
air defense, and weather radar systems. (10 minutes)
81. Stevens (MI), Dingell (MI): Directs the Secretary to establish
a program of research, development, and demonstration activities
on more efficient and sustainable materials, technologies, and proc-
esses for the manufacture, development, and use of the passenger
and commercial vehicles. (10 minutes)
82. Thompson, Mike (CA), Huffman (CA), Garamendi (CA), Pa-
netta (CA): Establishes a reliability standard, within the Federal
Power Act, regarding extreme weather events. Directs the Depart-
ment of Energy (DOE) to create a program and publish a report for
states and local utilities on ways to improve the resiliency of their
electrical grids. (10 minutes)
83. Thompson, Mike (CA), Horsford (NV), Horn (OK): Clarifies
that energy use avoided through the use of geothermal pump tech-
nology is considered renewable energy produced for the purposes of
this bill. (10 minutes)
84. Tlaib (MI): Requires the EPA to conduct a study to evaluate
the disparate health impacts of emissions from fossil fuel facilities
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on minority and low and moderate income communities. Requires
EPA to report to congress a summary of the study conducted. (10
minutes)
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85. Tonko (NY): Requires the EPA Administrator to enter into an
agreement with the National Academy of Sciences to assess meth-
ods for life cycle greenhouse gas emissions analyses for low-carbon
transportation fuels. (10 minutes)
86. Waters (CA): Requires the Secretary of Transportation’s re-
port on electric vehicle (EV) charging station infrastructure in un-
derserved communities to identify the potential for, and obstacles
to, recruiting and entering into contracts with locally-owned small
and disadvantaged businesses, including women- and minority-
owned businesses, to deploy EV charging infrastructure in these
communities. (10 minutes)
87. Waters (CA): Encourages institutions of higher education
that receive grants for the construction of training and assessment
centers to identify and consider qualified diverse candidates during
the procurement process. (10 minutes)
88. Waters (CA): Requires the Secretary of Energy to evaluate,
on state applications for ‘‘State Leadership Grants,’’ which support
the implementation of smart manufacturing technology, whether
proposed projects will benefit diverse communities. (10 minutes)
89. Waters (CA): Expands the Home Energy Savings Retrofit Re-
bate Program to include multifamily housing. (10 minutes)
90. Wild (PA), Jeffries (NY): Requires the Secretary of Energy, in
consultation with the Secretary of Labor, to establish a program to
provide competitive grants to eligible entities to pay for pre-appren-
ticeship training for individuals or on-the-job training of a new or
existing employee. (10 minutes)
91. Wilson, Joe (SC): Evaluates potential demonstration sites
across the Department of Energy complex under Advanced Nuclear
Reactor Research, Development, Demonstration, and Commercial
Application Program. (10 minutes)
92. Bera (CA): Directs the Secretary of Energy to support R&D
on tools and technologies for improving electric grid and energy
sector safety and resilience during concurrent or co-located severe
weather events. (10 minutes)
93. Blumenauer (OR): Requires the Secretary of Energy to file a
report to the committees of jurisdiction documenting funds spent
under the Light Water Reactor Sustainability program, and creates
an advisory committee to submit an annual report to the relevant
committees outlining the progress of the this program. (10 minutes)
94. DeGette (CO): Updates the methane waste prevention rules
of the Bureau of Land Management. (10 minutes)
95. Krishnamoorthi (IL): Requires the public awareness cam-
paign to include projected environmental impact, and information
on how to find more information on the grant. (10 minutes)
96. Clark, Katherine (MA): Creates a task force led by the Sec-
retary of Energy, which would be tasked with creating a report
identifying tools that the Federal Government can use to advance
the deployment of carbon dioxide removal projects. (10 minutes)
97. Blunt Rochester (DE): Creates a competitive grant program
at EPA to incentivize ports to create and implement climate action
plans. (10 minutes)
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98. Luján (NM), Wilson, Joe (SC), Casten (IL), Torres Small,
Xochitl (NM): Creates a congressionally-authorized Department of
Energy foundation to support the Department’s energy missions
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and to increase collaboration to accelerate the commercialization of
energy technologies. (10 minutes)
PART A—TEXT OF AMENDMENT TO H.R. 4447 CONSIDERED AS ADOPTED
Page 2, in the table of contents, after the matter relating to sec-
tion 1602, insert the following:
Sec. 1603. Application of Wage Rate Requirements to the Weatherization Assist-
ance Program
Page 4, amend the item relating to section 2523 to read as fol-
lows:
Sec. 2523. Wind energy demonstration and validation projects.
Page 4, in the item relating to part 4, strike ‘‘Act’’.
Page 7, in the item relating to section 6601, strike ‘‘registered’’
and insert ‘‘legal for operation on a street or highway’’.
Page 7, in the item relating to the second section 8104 (Clean en-
ergy technology transfer coordination), strike ‘‘8104’’ and insert
‘‘8105’’.
Page 9, in the table of contents, after the matter related to sec-
tion 12202, insert the following:
Sec. 12203. Apprenticeships.
Page 41, beginning on line 10, strike ‘‘Tribal Colleges or Univer-
sities, and local offices of the National Institute of Food and Agri-
culture and’’ and insert ‘‘and Tribal Colleges or Universities and’’.
Page 56, strike lines 15 through 18 and insert the following:
(c) CLERICAL AMENDMENTS.—The table of contents of the Energy
Independence and Security Act of 2007 (42 U.S.C. prec. 17001) is
amended—
(1) in the item relating to section 452, by striking ‘‘Energy-
intensive industries program’’ and inserting ‘‘Future of indus-
try program’’; and
(2) by adding at the end of the items relating to subtitle D
of title IV the following:
Page 78, after line 12, insert the following:
(a) FINDINGS.—Congress finds the following:
(1) The Federal Government is the largest energy user in the
United States.
(2) Reducing energy and water use in Federal facilities—
(A) saves taxpayer dollars;
(B) reduces greenhouse gas emissions from the Federal
sector; and
(C) increases employee comfort and productivity.
(3) It is important for the Federal Government to—
(A) develop goals for energy and water use reduction in
Federal facilities; and
(B) to the maximum extent practicable, take measures
that are life cycle cost effective.
(b) SENSE OF CONGRESS.—It is the sense of Congress that Fed-
eral agencies should—
(1) for each of fiscal years 2020 through 2030, reduce average
building energy intensity (as measured in British thermal
units per gross square foot) at facilities of the agency by 2.5
percent each fiscal year, relative to the average building en-
ergy intensity of the facilities of the agency in fiscal year 2018;
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and
(2) for each of fiscal years 2020 through 2030, improve water
use efficiency and management, including stormwater manage-
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14
ment, at facilities of the agency by reducing agency water con-
sumption intensity—
(A) by reducing the potable water consumption by 54
percent by fiscal year 2030, relative to the potable water
consumption of the agency in fiscal year 2007, through re-
ductions of 2 percent each fiscal year (as measured in gal-
lons per gross square foot);
(B) by reducing the industrial, landscaping, and agricul-
tural water consumption of the agency, as compared to a
baseline of that consumption by the agency in fiscal year
2010, through reductions of 2 percent each fiscal year (as
measured in gallons); and
(C) by installing appropriate infrastructure features on
federally owned property to improve stormwater and
wastewater management.
Page 78, line 13, strike ‘‘Section 543’’ and insert the following:
(c) ENERGY MANAGEMENT REQUIREMENTS.—Section 543
Beginning on page 93, strike line 17 and all that follows through
page 94, line 2 and insert the following:
‘‘(dd) the responsible sourcing of grown, har-
vested, or mined materials, including through
certifications of responsible sourcing, such as
certifications provided by the Forest Steward-
ship Council, the Sustainable Forestry Initia-
tive, the American Tree Farm System, or the
Programme for the Endorsement of Forest
Certification; and’’
Page 99, after line 13, insert the following:
SEC. 1413. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN
FEDERAL BUILDINGS.
(a) FINDINGS.—Congress finds the following:
(1) Performance contracting is a private financing tool with
guaranteed energy savings and has been used by the Federal
Government for nearly 30 years.
(2) Energy savings performance contracts and utility energy
service contacts allow the Government to invest in infrastruc-
ture using private sector financing and expertise, with a guar-
antee of results.
(3) Use of performance contracting has saved the Govern-
ment and taxpayers more than $18,000,000,000.
(4) By law, performance contracts are guaranteed to provide
savings to Federal agencies.
(5) On average, performance contracts achieve savings in ex-
cess of the contractual and statutory guarantee.
(6) In a fiscally constrained environment, performance con-
tracting helps to address the Federal Government’s backlog of
maintenance and supplement scarce operations and mainte-
nance dollars.
(7) The House of Representatives, the Senate, and the Office
of Management and Budget have all acted to recognize the
value of performance contracts by providing distinct budgetary
consideration of them; in the 115th Congress, the House of
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Representatives included section 5109 in H. Con. Res. 71 to en-
able the greater use of performance contracting and to recog-
nize their full cost savings benefits.
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15
(8) Federal agencies are not taking full advantage of the
cost-effective energy efficiency measures that are available and
documented.
(9) Using performance contracts to carry out such energy ef-
ficiency measures would benefit taxpayers, the economy, and
the environment.
(b) REPORTS.—Section 548(b) of the National Energy Conserva-
tion Policy Act (42 U.S.C. 8258(b)) is amended—
(1) in paragraph (3), by striking ‘‘and’’ at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(5)(A) the status of the energy savings performance con-
tracts and utility energy service contracts of each agency, to
the extent that the information is not duplicative of informa-
tion provided to the Secretary under a separate authority;
‘‘(B) the quantity and investment value of the contracts for
the previous year;
‘‘(C) the guaranteed energy savings, or for contracts without
a guarantee, the estimated energy savings, for the previous
year, as compared to the measured energy savings for the pre-
vious year;
‘‘(D) a forecast of the estimated quantity and investment
value of contracts anticipated in the following year for each
agency; and
‘‘(E)(i) a comparison of the information described in subpara-
graph (B) and the forecast described in subparagraph (D) in
the report of the previous year; and
‘‘(ii) if applicable, the reasons for any differences in the data
compared under clause (i).’’.
Page 130, after line 2, insert the following:
(c) APPLICATION OF WAGE RATE REQUIREMENTS TO PARTIAL SYS-
TEM AND STATE ADMINISTERED REBATES.—Section 12202 of this Act
shall not apply to rebates under sections 1522 and 1523.
Page 145, after line 22, insert the following:
SEC. 1603. APPLICATION OF WAGE RATE REQUIREMENTS TO WEATH-
ERIZATION ASSISTANCE PROGRAM.
With respect to the Weatherization Assistance Program, the re-
quirements of section 12202 shall apply only to work performed on
multifamily buildings.
Page 167, line 2, strike ‘‘and’’ and insert ‘‘or’’.
Page 173, line 12, strike the comma.
Page 186, line 3, strike ‘‘Section 112(d)’’ and insert ‘‘Section 112’’.
Page 186, beginning on line 4, strike ‘‘(16 U.S.C. 2622(d))’’ and
insert ‘‘(16 U.S.C. 2622)’’.
Page 186, line 23, strike ‘‘is amended by’’ and insert ‘‘by’’.
Page 229, strike line 4.
Page 229, lines 5 and 8, redesignate paragraphs (21) and (22) as
paragraphs (20) and (21), respectively.
Page 231, after line 21, insert the following:
(j) CONFORMING AMENDMENT.—The table of contents in section 1
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of the Energy Independence and Security Act of 2007 is amended
by striking the items relating to section 606 and 607.
Page 236, line 17, strike ‘‘program’’ and insert ‘‘activities’’.
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16
Page 237, line 16, after ‘‘the program’’, insert ‘‘established under
section 2502(a)’’.
Page 237, line 19, strike ‘‘create’’ and insert ‘‘advance’’.
Page 238, line 16, insert ‘‘and low-cost’’ before ‘‘manner’’.
Page 239, line 2, insert ‘‘and’’ after the semicolon.
Page 239, line 4, strike ‘‘; and’’ and insert a period.
Page 239, strike lines 5 through 7.
Page 239, line 24, insert ‘‘disposal,’’ after ‘‘refurbishing,’’.
Page 249, line 3, before the period, insert ‘‘and redesignating sub-
paragraphs (C) through (E) as subparagraphs (A) through (C)’’.
Page 249, lines 8 and 9, strike ‘‘technology validation and market
transformation program’’ and insert ‘‘demonstration and validation
projects’’.
Page 249, lines 11 through 14, strike ‘‘shall conduct a wind en-
ergy technology demonstration, validation, and market trans-
formation program under which the Secretary’’.
Page 249, line 23, insert ‘‘or validation’’ after ‘‘demonstration’’.
Page 250, line 15, strike ‘‘and demonstration’’ and insert ‘‘dem-
onstration, and commercial application’’.
Page 276, line 14, strike ‘‘Act’’.
Page 276, strike lines 21 through 23.
Page 311, strike line 23 through page 312, line 14.
Page 312, strike line 21 through page 318, line 2.
Page 332, line 23, strike ‘‘this section’’ and insert ‘‘subsections (a)
through (f)’’.
Page 342, strike lines 12 through 17 and insert the following:
‘‘(f) There are authorized to be appropriated to the Secretary to
carry out this section $50,000,000, to remain available until ex-
pended, for each of fiscal years 2021 through 2025.’’.
Page 358, after line 22, insert the following:
(a) REPEAL.—Section 2 of the Methane Hydrate Research and
Development Act of 2000 (30 U.S.C. 2001) is repealed.
(b) DEVELOPMENT.—Section 4 of the Methane Hydrate Research
and Development Act of 2000 (30 U.S.C. 2003) is amended by strik-
ing ‘‘and development’’ in each place it occurs.
Page 358, line 23, redesignate subsection (a) as subsection (c).
Page 359, line 4, through page 360, line 8, strike ‘‘ ‘‘(1) ASSISTANCE
AND COORDINATION.—’’ and all that follows through ‘‘from methane
hydrate reservoirs’’ and insert the following:
‘‘(1) ASSISTANCE AND COORDINATION.—In carrying out the
program of methane hydrate research authorized by this sec-
tion, the Secretary may award grants, or enter into contracts
or cooperative agreements to—
‘‘(A) conduct research to assess and mitigate the environ-
mental impact of natural methane hydrate degassing;
‘‘(B) conduct research to identify the environmental and
health impacts of methane hydrate development;
‘‘(C) assess and develop technologies to mitigate environ-
mental impacts of natural methane hydrate degassing and
to mitigate environmental impacts of the exploration and
commercial development of methane hydrates, including
through the avoidance of the use of seismic testing; or
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‘‘(D) expand education and training programs in meth-
ane hydrate research through fellowships or other means
for graduate education and training.
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‘‘(2) ENVIRONMENTAL MONITORING AND RESEARCH.—
‘‘(A) IN GENERAL.—The Secretary, Secretary of Com-
merce, and Secretary of the Interior shall conduct a long-
term environmental monitoring and research program to
study methane hydrates.
‘‘(B) NOTICE AND COMMENT.—In developing a plan for
long-term environmental monitoring and research under
subparagraph (A), the Secretaries shall publish in the Fed-
eral Register a notice providing for an opportunity for the
public to comment on such plan prior to conducting moni-
toring and research under such subparagraph.’’.
Page 360, after line 13, insert the following:
(d) RESPONSIBILITIES OF THE SECRETARY.—Section 4(e) of the
Methane Hydrate Research and Development Act of 2000 (30
U.S.C. 2003(e)) is amended to read as follows:
‘‘(e) RESPONSIBILITIES OF THE SECRETARY.—In carrying out sub-
section (b)(1), the Secretary shall—
‘‘(1) facilitate and develop partnerships among government,
industrial enterprises, and institutions of higher education to
research methane hydrates;
‘‘(2) ensure that the data and information developed through
the program are accessible and widely disseminated as needed
and appropriate;
‘‘(3) promote cooperation among agencies that are developing
technologies that may hold promise for methane hydrate re-
search;
‘‘(4) report annually to Congress on the results of actions
taken to carry out this chapter; and
‘‘(5) ensure, to the maximum extent practicable, greater par-
ticipation by the Department of Energy in international cooper-
ative efforts.’’.
Page 360, lines 14 and 18 redesignate subsections (b) and (c) as
subsections (e) and (f), respectively.
Page 383, line 16, strike ‘‘State-approved’’.
Page 383, line 17, insert ‘‘that are approved by the rate-setting
entity and’’ after ‘‘programs’’.
Page 386, line 19, strike ‘‘; and’’ and insert a semicolon.
Page 386, line 21, strike the period at the end and insert ‘‘; and’’.
Page 386, after line 21, insert the following:
‘‘(C) is in compliance with subsection (i)(2).’’
Page 388, strike lines 4 through 11 and insert the following:
(b) ACCESS FOR SURVEYS.—Section 7 of the Natural Gas Act (15
U.S.C. 717f) is further amended by adding at the end the following:
‘‘(i)(1) For purposes of subsection (h), the exercise of the right of
eminent domain does not include accessing property for purposes
of surveying prior to acquiring the property, except in accordance
with paragraph (2).
‘‘(2) If a holder of a certificate of public convenience and necessity
is unable to agree with the owner of property on access to the prop-
erty for purposes of surveying, the holder shall enter into the dis-
pute resolution process of the Commission. If dispute resolution
fails, or if the property owner refuses to participate in such process,
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the Commission may, upon a showing by the holder of documented
repeated, good faith efforts to work with the property owner to
agree on such access, issue an order declaring that, upon a court
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18
order, for purposes of the relevant certificate and with respect to
the relevant property, the exercise of the right of eminent domain
under subsection (h) includes accessing the property, in a limited,
non-land-disturbing manner, for purposes of surveying prior to ac-
quiring the property.’’.
At the end of title IV, add the following subtitle:
Subtitle C—Defending Against Rosatom
Exports
SEC. 4301. EXTENSION AND EXPANSION OF LIMITATIONS ON IMPORTA-
TION OF URANIUM FROM RUSSIAN FEDERATION.
(a) IN GENERAL.—Section 3112A of the USEC Privatization Act
(42 U.S.C. 2297h–10a) is amended—
(1) in subsection (a)—
(A) by redesignating paragraph (7) as paragraph (8); and
(B) by inserting after paragraph (6) the following:
‘‘(7) SUSPENSION AGREEMENT.—The term ‘Suspension Agree-
ment’ has the meaning given that term in section 3102(13).’’;
(2) in subsection (b)—
(A) by striking ‘‘United States to support’’ and inserting
the following: ‘‘United States—
‘‘(1) to support’’;
(B) by striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following:
‘‘(2) to reduce reliance on uranium imports in order to pro-
tect essential national security interests of the United States;
‘‘(3) to revive and strengthen the supply chain for nuclear
fuel produced and used in the United States; and
‘‘(4) to expand production of nuclear fuel in the United
States.’’; and
(3) in subsection (c)—
(A) in paragraph (2)—
(i) in subparagraph (A)—
(I) by striking ‘‘After’’ and inserting ‘‘Except as
provided in subparagraph (B), after’’;
(II) in clause (vi), by striking ‘‘; and’’ and insert-
ing a semicolon;
(III) in clause (vii), by striking the period at the
end and inserting a semicolon; and
(IV) by adding at the end the following:
‘‘(viii) in calendar year 2021, 596,682 kilograms;
‘‘(ix) in calendar year 2022, 489,617 kilograms;
‘‘(x) in calendar year 2023, 578,877 kilograms;
‘‘(xi) in calendar year 2024, 476,536 kilograms;
‘‘(xii) in calendar year 2025, 470,376 kilograms;
‘‘(xiii) in calendar year 2026, 464,183 kilograms;
‘‘(xiv) in calendar year 2027, 459,083 kilograms;
‘‘(xv) in calendar year 2028, 344,312 kilograms;
‘‘(xvi) in calendar year 2029, 340,114 kilograms;
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‘‘(xvii) in calendar year 2030, 332,141 kilograms;
‘‘(xviii) in calendar year 2031, 328,862 kilograms;
‘‘(xix) in calendar year 2032, 322,255 kilograms;
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19
‘‘(xx) in calendar year 2033, 317,536 kilograms;
‘‘(xxi) in calendar year 2034, 298,088 kilograms;
‘‘(xxii) in calendar year 2035, 294,511 kilograms;
‘‘(xxiii) in calendar year 2036, 286,066 kilograms;
‘‘(xxiv) in calendar year 2037, 281,272 kilograms;
‘‘(xxv) in calendar year 2038, 277,124 kilograms;
‘‘(xxvi) in calendar year 2039, 277,124 kilograms;
and
‘‘(xxvii) in calendar year 2040, 267,685 kilograms.’’;
(ii) by redesignating subparagraph (B) as subpara-
graph (C); and
(iii) by inserting after subparagraph (A) the fol-
lowing:
‘‘(B) ADMINISTRATION.—
‘‘(i) IN GENERAL.—The Secretary of Commerce shall
administer the import limitations described in sub-
paragraph (A) in accordance with the provisions of the
Suspension Agreement, including—
‘‘(I) the limitations on sales of enriched uranium
product and separative work units plus conver-
sion;
‘‘(II) the requirements for natural uranium re-
turned feed associated with sales of enrichment,
or enrichment plus conversion from the Russian
Federation; and
‘‘(III) any other provisions of the Suspension
Agreement.
‘‘(ii) EFFECT OF TERMINATION OF SUSPENSION AGREE-
MENT.—Clause (i) shall remain in effect if the Suspen-
sion Agreement is terminated.’’;
(B) in paragraph (3)—
(i) in subparagraph (A), by striking the semicolon
and inserting ‘‘; or’’;
(ii) in subparagraph (B), by striking ‘‘; or’’ and in-
serting a period; and
(iii) by striking subparagraph (C);
(C) in paragraph (5)—
(i) in subparagraph (A)—
(I) by striking ‘‘reference data’’ and all that fol-
lows through ‘‘2019’’ and inserting the following:
‘‘Lower Scenario data in the 2019 report of the
World Nuclear Association entitled ‘The Nuclear
Fuel Report: Global Scenarios for Demand and
Supply Availability 2019–2040’. In each of cal-
endar years 2023, 2029, and 2035’’; and
(II) by striking ‘‘report or a subsequent report’’
and inserting ‘‘report’’;
(ii) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(iii) by inserting after subparagraph (A) the fol-
lowing:
‘‘(B) REPORT REQUIRED.—Not later than one year after
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the date of the enactment of the Clean Economy Jobs and
Innovation Act, and every 3 years thereafter, the Secretary
shall submit to Congress a report that includes—
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20
‘‘(i) a recommendation on the use of all publicly
available data to ensure accurate forecasting by sce-
nario data to comport to actual demand for low-en-
riched uranium for nuclear reactors in the United
States; and
‘‘(ii) an identification of the steps to be taken to ad-
just the import limitations described in paragraph
(2)(A) based on the most accurate scenario data.’’; and
(iv) in subparagraph (D), as redesignated by clause
(ii), by striking ‘‘subparagraph (B)’’ and inserting ‘‘sub-
paragraph (C)’’;
(D) in paragraph (9), by striking ‘‘2020’’ and inserting
‘‘2040’’;
(E) in paragraph (12)(B), by inserting ‘‘or the Suspension
Agreement’’ after ‘‘the Russian HEU Agreement’’; and
(F) by striking ‘‘(2)(B)’’ each place it appears and insert-
ing ‘‘(2)(C)’’.
(b) APPLICABILITY.—The amendments made by subsection (a)
apply with respect to uranium imported from the Russian Federa-
tion on or after January 1, 2021.
Beginning on page 493, line 18, in the text of the amendment
made by section 5341, redesignate sections 1313 through 1320 as
sections 1312 through 1319, respectively.
Page 508, line 17, strike ‘‘(a) In general.—’’.
Page 511, line 2, strike ‘‘1314(b)’’ and insert ‘‘1313(b)’’.
Page 514, strike lines 20 and 21.
Page 514, line 22, through page 517, line 20, redesignate para-
graphs (1) through (4) as subsections (a) through (d), respectively.
Page 517, line 22, strike ‘‘1313 through 1320’’ and insert ‘‘1312
through 1318’’.
Page 521, after line 10, insert the following:
(h) CRITICAL INFRASTRUCTURE DEFINED.—The term ‘‘critical in-
frastructure’’ means infrastructure that the Secretary determines
to be vital to socioeconomic activities such that, if destroyed or
damaged, such destruction or damage could cause substantial dis-
ruption to such socioeconomic activities.
Page 521, line 14, strike ‘‘1312’’ and insert ‘‘1311’’.
Page 521, after line 15, redesignate the items relating to sections
1313 through 1320 in the table of contents so as to relate to sec-
tions 1312 through 1319, respectively.
Page 562, line 1, strike ‘‘is amended’’ and insert ‘‘is further
amended’’.
Page 571, strike lines 2 through 8 and insert the following:
(A) in paragraph (3)(A)(ii), by inserting ‘‘, components for
such vehicles, and charging equipment for such vehicles’’
after ‘‘vehicles’’; and
Page 589, line 1, strike ‘‘(ii)’’ and insert ‘‘(iii)’’.
Page 593, line 5, strike ‘‘REGISTERED’’ and insert ‘‘LEGAL
FOR OPERATION ON A STREET OR HIGHWAY’’.
Page 593, line 12, strike ‘‘registered to be operated’’ and insert
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‘‘legal for operation’’.
Page 593, line 14, strike ‘‘2 years’’ and insert ‘‘18 months’’.
Page 595, line 23, strike ‘‘(i)(1)(A)’’ and insert ‘‘(i)(1)’’.
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21
Beginning on page 598, line 15, strike ‘‘Technology Transfer Co-
ordinator’’ each place it appears in title VIII and insert ‘‘Chief
Commercialization Officer’’.
Page 613, line 6, strike ‘‘areas and’’ and insert ‘‘areas;’’.
Page 613, line 9, strike ‘‘; and’’ and insert a semicolon.
Page 615, line 3, after ‘‘Secretary’’, insert ‘‘, acting through the
Chief Commercialization Officer established in section 1001(a) of
the Energy Policy Act of 2005 (42 U.S.C. 16391(a)),’’.
Page 618, line 15, strike ‘‘The Secretary’’ and insert ‘‘In accord-
ance with section 8307(b) of this Act, the Secretary’’.
Page 619, line 9, strike ‘‘8104’’ and insert ‘‘8105’’.
Page 619, line 16, insert ‘‘8104,’’ after ‘‘8103,’’.
Page 634, line 10, strike ‘‘(a)’’ and insert ‘‘(e)’’.
Page 643, line 14, strike ‘‘program’’ and insert ‘‘activities’’.
Page 643, line 19, strike ‘‘program’’ and insert ‘‘Office of Tech-
nology Transitions’’.
Page 644, line 4, strike ‘‘this program’’ and insert ‘‘the Office of
Technology Transitions’’.
Page 648, lines 11 and 12, strike ‘‘redesignating subsections (f)
and (g) as subsections (g) and (h)’’ and insert ‘‘redesignating sub-
sections (e) and (f) as subsections (g) and (h)’’.
Page 700, line 19, strike ‘‘and’’.
Page 705, line 9, strike ‘‘and’’.
At the end of title IX, add the following:
Subtitle E—Title XVII Loan Program
Reform
SEC. 9501. LOAN PROGRAM OFFICE TITLE XVII REFORM.
(a) TERMS AND CONDITIONS.—Section 1702 of the Energy Policy
Act of 2005 (42 U.S.C. 16512) is amended—
(1) by amending subsection (b) to read as follows:
‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBUTION.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the
cost of a guarantee shall be paid by the Secretary using an ap-
propriation made for the cost of the guarantee, subject to the
availability of such an appropriation.
‘‘(2) INSUFFICIENT APPROPRIATIONS.—If sufficient appro-
priated funds to pay the cost of a guarantee are not available,
then the guarantee shall not be made unless—
‘‘(A) the Secretary has received from the borrower a pay-
ment in full for the cost of the guarantee and deposited the
payment into the Treasury; or
‘‘(B) a combination of one or more appropriations and
one or more payments from the borrower under this sub-
section has been made that is sufficient to cover the cost
of the guarantee.’’;
(2) in subsection (h)—
(A) by amending paragraph (1) to read as follows:
‘‘(1) IN GENERAL.—The Secretary shall charge, and collect on
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or after the date of the financial close of an obligation, a fee
for a guarantee in an amount that the Secretary determines is
sufficient to cover applicable administrative expenses (includ-
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22
ing any costs associated with third-party consultants engaged
by the Secretary).’’; and
(B) by adding at the following:
‘‘(3) REDUCTION IN FEE AMOUNT.—Notwithstanding para-
graph (1) and subject to the availability of appropriations, the
Secretary may reduce the amount of a fee for a guarantee
under this subsection.’’; and
(3) by adding at the end the following:
‘‘(l) APPLICATION STATUS.—
‘‘(1) REQUEST.—If the Secretary does not make a final deci-
sion on an application for a guarantee under this title by the
date that is 180 days after receipt of the application by the
Secretary, the applicant may request, on or after that date and
not more than once every 60 days thereafter until a final deci-
sion is made, that the Secretary provide to the applicant a re-
sponse described in paragraph (2).
‘‘(2) RESPONSE.—Not later than 10 days after receiving a re-
quest from an applicant under paragraph (1), the Secretary
shall provide to the applicant a response that includes—
‘‘(A) a description of the current status of review of the
application;
‘‘(B) a summary of any factors that are delaying a final
decision on the application, a list of what items are re-
quired in order to reach a final decision, citations to au-
thorities stating the reasons why such items are required,
and a list of actions the applicant can take to expedite the
process; and
‘‘(C) an estimate of when a final decision on the applica-
tion will be made.
‘‘(m) OUTREACH.—In carrying out this title, the Secretary shall—
‘‘(1) provide assistance with the completion of applications
for a guarantee under this title;
‘‘(2) conduct outreach, including through conferences and on-
line programs, to disseminate information to potential appli-
cants; and
‘‘(3) conduct outreach to encourage participation of sup-
porting finance institutions and private lenders in eligible
projects.
‘‘(n) COORDINATION.—In carrying out this title, to the extent con-
sistent with applicable law, the Secretary shall collaborate, coordi-
nate, and share information with relevant offices within the De-
partment.
‘‘(o) REPORT.—Not later than 2 years after the date of the enact-
ment of this subsection and every 3 years thereafter, the Secretary
shall submit to Congress a report on the status of projects receiving
guarantees under this title, including—
‘‘(1) a list of such projects, including the guarantee amount,
construction status, and financing partners of each such
project;
‘‘(2) the status of each such project’s loan repayment, includ-
ing interest paid and future repayment projections;
‘‘(3) estimate of the greenhouse gas emissions avoided from
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each such project;
‘‘(4) data regarding the number of direct and indirect jobs re-
tained, restored, or created by such projects;
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23
‘‘(5) the number of new projects projected to receive a guar-
antee under this title during the next 2 years and the aggre-
gate guarantee amount; and
‘‘(6) any other metrics the Secretary finds appropriate.’’.
(b) STATE LOAN ELIGIBILITY.—
(1) DEFINITIONS.—Section 1701 of the Energy Policy Act of
2005 (42 U.S.C. 16511) is amended by adding at the end the
following:
‘‘(6) INDIAN TRIBE, NATIVE CORPORATION, TRIBAL ENERGY DE-
VELOPMENT ORGANIZATION.—The terms ‘Indian tribe’, ‘Native
Corporation’, and ‘tribal energy development organization’ have
the meaning given such terms in section 2601 of the Energy
Policy Act of 1992 (25 U.S.C. 3501).
‘‘(7) STATE.—The term ‘State’ has the meaning given the
term in section 202 of the Energy Conservation and Production
Act (42 U.S.C. 6802).
‘‘(8) STATE ENERGY FINANCING INSTITUTION.—
‘‘(A) IN GENERAL.—The term ‘State energy financing in-
stitution’ means a quasi-independent entity or an entity
within a State agency or financing authority established
by a State that may—
‘‘(i) provide financing support or credit enhance-
ments, including loan guarantees and loan loss re-
serves, for eligible projects; and
‘‘(ii) create liquid markets for eligible projects, in-
cluding warehousing and securitization, or take other
steps to reduce financial barriers to the deployment of
existing and new eligible projects.
‘‘(B) INCLUSION.—The term ‘State energy financing insti-
tution’ includes an entity or organization established to
achieve the purposes described in clauses (i) and (ii) of
subparagraph (A) by an Indian tribe, Native Corporation,
or tribal energy development organization.’’.
(2) TERMS AND CONDITIONS.—Section 1702 of the Energy Pol-
icy Act of 2005 (42 U.S.C. 16512) is further amended—
(A) in subsection (a), by inserting ‘‘, including projects
receiving financial support or credit enhancements from a
State energy financing institution,’’ after ‘‘for projects’’;
(B) in subsection (d)(1), by inserting ‘‘, including a guar-
antee for a project receiving financial support or credit en-
hancements from a State energy financing institution,’’
after ‘‘No guarantee’’; and
(C) by adding at the end the following:
‘‘(p) STATE ENERGY FINANCING INSTITUTIONS.—
‘‘(1) PARTNERSHIPS AUTHORIZED.—State energy financing in-
stitutions providing financial support or credit enhancements
for eligible projects may enter into partnerships with private
entities, Indian tribes, Native Corporations, and tribal energy
development organizations.
‘‘(2) PROHIBITION ON USE OF APPROPRIATED FUNDS.—Amounts
appropriated to the Department before the date of enactment
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of this subsection shall not be available to be used for the cost
of guarantees made to State energy financing institutions.’’.
(c) PROJECT ELIGIBILITY EXPANSION.—
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24
(1) IN GENERAL.—The Energy Policy Act of 2005 is amended
by adding after section 1703 the following new section:
‘‘SEC. 1703A. OTHER ELIGIBLE PROJECTS.
‘‘(a) IN GENERAL.—The Secretary may make guarantees under
this section only for projects that—
‘‘(1) avoid, reduce, utilize, or sequester air pollutants or an-
thropogenic emissions of greenhouse gases; and
‘‘(2) employ new or significantly improved technologies as
compared to commercial technologies in service in the United
States at the time the guarantee is issued, including projects
that employ—
‘‘(A) a system of technologies that combine existing tech-
nologies in an innovative manner;
‘‘(B) elements of commercial technologies in combination
with new or significantly improved technologies; or
‘‘(C) new and innovative technologies developed outside
the energy sector that enable modernization of existing en-
ergy infrastructure and systems.
‘‘(b) CATEGORIES.—Projects from the following categories shall be
eligible for a guarantee under this section:
‘‘(1) Advanced nuclear energy facilities, including manufac-
turing and deployment of nuclear supply components for ad-
vanced nuclear reactors.
‘‘(2) Carbon capture, utilization, and sequestration practices
and technologies, including—
‘‘(A) agricultural and forestry practices that store and se-
quester carbon; and
‘‘(B) synthetic technologies to remove carbon from the air
and oceans.
‘‘(3) Energy storage technologies for residential, industrial,
transportation, and power generation applications.
‘‘(4) Technologies and systems for reducing emissions of
greenhouse gases with high global warming potential, includ-
ing for reducing methane leakage from natural gas trans-
mission and distribution infrastructure.
‘‘(5) Application of technologies, including data analytics, ar-
tificial intelligence, and other software to improve the energy
efficiency, operations, and management of energy infrastruc-
ture, including electric grid operations.
‘‘(6) Energy-water use efficiency in water resources infra-
structure and water-using technologies.
‘‘(7) Technologies for improving the resilience or reliability of
existing energy infrastructure, including technologies that in-
corporate energy storage and grid modernization initiatives or
improve the cybersecurity of energy technologies.
‘‘(8) Technologies or processes for reducing greenhouse gas
emissions from industrial applications, including iron, steel, ce-
ment, and ammonia production, hydrogen production, and gen-
eration of high-temperature heat.
‘‘(9) Categories of projects and projects described in section
1703.
‘‘(c) REGIONAL VARIATION.—Notwithstanding subsection (a)(2),
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the Secretary may, to account for regional variation in deployment
of technology, make guarantees under this section for up to 6
projects that employ the same or similar technology as another
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25
project, provided no more than 2 projects that use the same or a
similar technology are located in the same region of the United
States.
‘‘(d) STATE ENERGY FINANCING INSTITUTIONS.—Notwithstanding
subsection (a), the Secretary may use up to 25 percent of authority
provided for commitments to guarantee loans under this title for
projects—
‘‘(1) that are receiving financial support or credit enhance-
ments from a State energy financing institution; and
‘‘(2) that meet the requirements of paragraph (1) of sub-
section (a), but do not meet the requirements of paragraph (2)
of subsection (a).
‘‘(e) EMISSION LEVELS AND TAX CREDITS.—Subsections (d) and (e)
of section 1703 shall apply with respect to projects receiving guar-
antees under this section.’’.
(2) APPLICABILITY.—Section 1702 of the Energy Policy Act of
2005 (42 U.S.C. 16512) is further amended by adding at the
end the following:
‘‘(q) APPLICABILITY.—The Secretary shall not, for a period of 10
years after the date of enactment of this subsection, enter into a
loan guarantee agreement for an eligible project—
‘‘(1) under section 1703A; or
‘‘(2) that is receiving financial support or credit enhance-
ments from a State energy financing institution.’’.
(3) CONFORMING AMENDMENTS.—
(A) DEFINITION OF ELIGIBLE PROJECTS.—Section 1701(3)
of the Energy Policy Act of 2005 (42 U.S.C. 16511(3)) is
amended by inserting ‘‘or section 1703A’’ after ‘‘section
1703’’.
(B) TABLE OF CONTENTS.—The table of contents for the
Energy Policy Act of 2005 is amended by inserting after
the item relating to section 1703 the following:
‘‘Sec. 1703A. Other eligible projects.’’.
SEC. 9502. AUTHORIZATION OF APPROPRIATIONS.
Section 1704 of the Energy Policy Act of 2005 (42 U.S.C. 16514)
is amended by adding at the end the following:
‘‘(c) ADMINISTRATIVE AND OTHER EXPENSES.—There are author-
ized to be appropriated—
‘‘(1) $32,000,000 for each of fiscal years 2021 through 2025
to carry out this title; and
‘‘(2) for fiscal year 2021, in addition to amounts authorized
under paragraph (1), $25,000,000, to remain available until ex-
pended, for administrative expenses described in section
1702(h)(1) that are not covered by fees collected pursuant to
section 1702(h).’’.
Page 737, strike lines 23 through 25.
Page 750, line 3, strike ‘‘Education;’’ and insert ‘‘Education.’’.
Page 750, line 5, strike ‘‘Policy;’’ and insert ‘‘Policy.’’.
Page 750, line 7, strike ‘‘Health;’’ and insert ‘‘Health.’’.
Page 750, line 9, strike ‘‘Service;’’ and insert ‘‘Service.’’.
Page 750, line 11, strike ‘‘Affairs;’’ and insert ‘‘Affairs.’’.
Page 750, line 13, strike ‘‘Council; and’’ and insert ‘‘Council.’’.
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Page 766, line 15, strike ‘‘Tribal governments.’’ and insert ‘‘Tribal
Governments.’’.
Page 766, line 20, strike ‘‘Energy and’’ and insert ‘‘Energy,’’.
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26
Page 766, line 21, strike ‘‘Agency’’ and insert ‘‘Agency, the De-
partment of the Interior, and the National Oceanic and Atmos-
pheric Administration’’.
Page 767, line 10, strike ‘‘Energy’’ and insert ‘‘Energy,’’.
Page 767, line 11, strike ‘‘and the Environmental Protection
Agency’’ and insert ‘‘the Environmental Protection Agency, the De-
partment of the Interior, and the National Oceanic and Atmos-
pheric Administration’’.
Page 768, line 1, strike ‘‘(3)’’ and insert ‘‘(2)’’.
Page 773, line 12, strike ‘‘SEC. 11007. JUSTICE CLEARING-
HOUSE.’’ and insert ‘‘SEC. 11007. ENVIRONMENTAL JUS-
TICE CLEARINGHOUSE.’’.
Page 775, line 7, strike ‘‘clearinghouse’’ and insert ‘‘Clearing-
house’’.
Page 779, line 21, strike ‘‘recommendations’’ and insert ‘‘rec-
ommendation’’.
Page 780, line 23, strike ‘‘Indigenous’’ and insert ‘‘indigenous’’.
Page 809, line 7, strike ‘‘a covered agency’’ and insert ‘‘an entity
subject to this title (referred to in this title as a ‘covered entity’)’’.
Page 809, line 11, strike ‘‘agency’’ and insert ‘‘entity’’.
Page 809, line 20, strike ‘‘agency’’ and insert ‘‘entity’’.
Page 810, line 1, strike ‘‘agency’’ and insert ‘‘entity’’.
Page 810, line 4, strike ‘‘agency’’ and insert ‘‘entity’’.
Page 810, line 5, strike ‘‘agency’s’’ and insert ‘‘entity’s’’.
Page 811, line 25, strike ‘‘agency’’ and insert ‘‘entity’’.
Page 812, line 12, strike ‘‘agency’’ and insert ‘‘entity’’.
Add at the end of title XI the following:
SEC. 11017. PUBLIC HEALTH RISKS ASSOCIATED WITH CUMULATIVE
ENVIRONMENTAL STRESSORS.
(a) PROPOSED PROTOCOL.—Not later than 180 days after the date
of enactment of this section, the Administrator, in consultation
with the Advisory Council, shall publish a proposal for a protocol
for assessing and addressing the cumulative public health risks as-
sociated with multiple environmental stressors. The Administrator
shall allow 90 days for public comment on such proposal. The envi-
ronmental stressors addressed under such proposal shall include—
(1) impacts associated with global climate change, including
extreme heat, extremes in temperature change, drought,
wildfires, sea level rise, flooding, storms, water shortage, food
shortage, ecosystem disruption, and the spread of infectious
disease;
(2) exposure to pollutants, emissions, discharges, waste,
chemicals, or other materials subject to regulation under the
Clean Air Act, the Federal Water Pollution Control Act, the
Safe Drinking Water Act, the Toxic Substances Control Act,
the Solid Waste Disposal Act, the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980, the
Emergency Planning and Community Right-to-Know Act of
1986, and other laws administered by the Administrator; and
(3) other environmental stressors determined by the Admin-
istrator to impact public health.
(b) FINAL PROTOCOL.—Not later than 1 year after the enactment
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of this section, the Administrator shall publish the final protocol for
assessing and addressing the cumulative public health risks associ-
ated with multiple environmental stressors.
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27
(c) IMPLEMENTATION.—Not later than 3 years after the enact-
ment of this section, the Administrator shall implement the pro-
tocol described under subsection (b).
Page 813, line 20, strike ‘‘establish and carry out’’ and insert
‘‘support the establishment and execution of’’.
Page 814, strike line 10 and all that follows through page 830,
line 5, and insert the following:
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 12111. ENERGY WORKFORCE DEVELOPMENT.
(a) IN GENERAL.—Subject to the availability of appropriations for
such purpose, the Secretary of Labor and the Secretary of Energy,
acting through the Director of the Office of Economic Impact, Di-
versity, and Employment, shall jointly establish and carry out a
comprehensive, nationwide program to improve education and
training for jobs in energy-related industries, including manufac-
turing, engineering, construction, and retrofitting jobs in such en-
ergy-related industries in order to the increase number of skilled
workers trained to work in such energy-related industries, includ-
ing by—
(1) encouraging underrepresented groups, including religious
and ethnic minorities, women, veterans, individuals with dis-
abilities, unemployed energy workers, and socioeconomically
disadvantaged individuals to enter into the science, technology,
engineering, and mathematics (in this section referred to as
‘‘STEM’’) fields;
(2) encouraging the Nation’s educational institutions to equip
students with the skills, mentorships, training, and technical
expertise necessary to fill the employment opportunities vital
to managing and operating the Nation’s energy-related indus-
tries;
(3) providing students and other candidates for employment
with the necessary skills and certifications for skilled jobs in
such energy-related industries; and
(4) strengthening and more fully engaging Department of
Energy programs and laboratories in carrying out the Depart-
ment’s Minorities in Energy Initiative.
(b) DIRECT ASSISTANCE.—
(1) IN GENERAL.—In carrying out the program established
under subsection (a), the Secretaries may provide financial as-
sistance awards, technical assistance, and other assistance the
Secretaries determine appropriate, to educational institutions
and training programs and providers, including those serving
unemployed and underemployed energy workers.
(2) DISTRIBUTION.—The Secretaries shall distribute assist-
ance described in paragraph (1) in a manner proportional to
the needs of energy-related industries and demand for jobs in
energy-related industries, consistent with information devel-
oped under subsection (e), and to the extent practicable, ensure
a geographically diverse distribution, including a geographi-
cally diverse distribution among regions of the country and
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among urban, suburban, and rural areas.
(c) PRIORITY.—In carrying out the program established under
subsection (a) the Secretaries shall prioritize the education and
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28
training of individuals from underrepresented populations for jobs
in energy-related industries.
(d) COLLABORATION AND OUTREACH.—In carrying out the pro-
gram established under subsection (a), the Secretaries shall—
(1) collaborate with—
(A) to the maximum extent possible, State or local work-
force development boards and State workforce agencies, to
maximize program efficiency;
(B) educational institutions and training programs and
providers; and
(C) employers and labor organizations in energy-related
industries providing opportunities to participate in intern-
ships, fellowships, traineeships, and apprenticeships to
students, including students of minority-serving institu-
tions and unemployed or underemployed energy workers,
and other candidates, such as underrepresented popu-
lations; and
(2) conduct outreach activities to—
(A) encourage individuals from underrepresented popu-
lations and unemployed or underemployed energy workers
to enter into the STEM fields; and
(B) encourage and foster collaboration, mentorships, and
partnerships among energy-related industries, and train-
ing programs and providers, that provide effective training
programs for jobs in energy-related industries and edu-
cational institutions that seek to establish these types of
programs in order to share best practices and approaches
that best suit local, State, and national needs.
(e) CLEARINGHOUSE.—
(1) ESTABLISHMENT.—In carrying out the program estab-
lished under subsection (a), the Secretary of Labor, in collabo-
ration with Secretary of Energy, the Secretary of Education,
the Secretary of Commerce, and the Director of the Bureau of
the Census, and energy-related industries, shall establish a
clearinghouse on a publicly accessible website to—
(A) develop, maintain, and update information and other
resources, by State and by region, on—
(i) training programs for jobs in energy-related in-
dustries; and
(ii) the current and future workforce needs of en-
ergy-related industries, and job opportunities in such
energy-related industries, including identification of
jobs in energy-related industries for which there is the
greatest demand; and
(B) act as a resource for educational institutions and
training programs and providers that would like to develop
and implement training programs for such jobs.
(2) REPORT.—The Secretaries shall annually publish a report
on the information and other resources developed, maintained,
and updated on the clearinghouse established under paragraph
(1), including—
(A) a report providing comprehensive and detailed de-
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scription of the workforce needs of such energy-related in-
dustries, and job opportunities in such energy-related in-
dustries, by State and by region; and
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29
(B) publish an annual report on job creation in the en-
ergy-related industries described in subsection (f)(1).
(f) GUIDELINES TO DEVELOP SKILLS FOR AN ENERGY INDUSTRY
WORKFORCE.—
(1) IN GENERAL.—In carrying out the program established
under subsection (a), the Secretaries, in collaboration with the
Secretary of Education, the Secretary of Commerce, and the
National Science Foundation, shall develop voluntary guide-
lines or best practices for educational institutions to help pro-
vide students with the skills necessary for jobs in energy-re-
lated industries, including jobs in—
(A) the energy efficiency industry, including jobs in en-
ergy efficiency (including architecture, design, and con-
struction of new energy efficient buildings), conservation,
weatherization, retrofitting, inspecting, auditing, and soft-
ware development;
(B) the renewable energy industry, including jobs in the
development, engineering, manufacturing, and production
of energy from renewable energy sources (such as solar,
hydropower, wind, and geothermal energy);
(C) the community energy resiliency industry, including
jobs in the installation of rooftop solar, in battery storage,
and in microgrid technologies;
(D) the fuel cell and hydrogen energy industry;
(E) the advanced automotive technology industry, includ-
ing jobs relating to electric vehicle batteries, connectivity
and automation, and advanced combustion engines;
(F) the manufacturing industry, including jobs as oper-
ations technicians, in operations and design in additive
manufacturing, 3–D printing, and advanced composites
and advanced aluminum and other metal alloys, and in in-
dustrial energy efficiency management systems, including
power electronics, and other innovative technologies;
(G) the chemical manufacturing industry, including jobs
in construction (such as welders, pipefitters, and tool and
die makers), as instrument and electrical technicians, ma-
chinists, chemical process operators, engineers, quality and
safety professionals, and reliability engineers;
(H) the utility industry, including jobs in smart grid
technology, cybersecurity management, and the genera-
tion, transmission, and distribution of electricity and nat-
ural gas, such as electricians and utility dispatchers, tech-
nicians, operators, lineworkers, engineers, scientists, and
information technology specialists;
(I) the alternative fuels industry, including jobs in
biofuel and bioproducts development and production;
(J) the pipeline industry, including jobs in pipeline con-
struction and maintenance and jobs as engineers and tech-
nical advisors;
(K) the nuclear energy industry, including jobs as sci-
entists, engineers, technicians, mathematicians, and secu-
rity personnel;
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(L) the oil and gas industry, including jobs as scientists,
engineers, technicians, mathematicians, petrochemical en-
gineers, and geologists; and
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30
(M) the coal industry, including jobs as coal miners, en-
gineers, developers and manufacturers of state-of-the-art
coal facilities, technology vendors, coal transportation
workers and operators, and mining equipment vendors.
(2) ENERGY EFFICIENCY AND CONSERVATION INITIATIVES.—
The guidelines or best practices developed under paragraph (1)
shall include grade-specific guidelines for elementary schools
and secondary schools for teaching energy efficiency tech-
nology, architecture, design, and construction of new energy-ef-
ficient buildings and building energy retrofits, manufacturing
efficiency technology, community energy resiliency, and con-
servation initiatives.
(3) STEM EDUCATION.—The guidelines or best practices de-
veloped under paragraph (1) shall promote STEM education
and energy related programs of study in educational institu-
tions as it relates to job opportunities in energy-related indus-
tries listed under such paragraph.
(g) OUTREACH TO MINORITY SERVING INSTITUTIONS.—In carrying
out the program established under subsection (a), the Secretaries
shall—
(1) give special consideration to increasing outreach to mi-
nority-serving institutions;
(2) make resources available to minority-serving institutions
with the objective of increasing the number of skilled minori-
ties and women trained for jobs in energy-related industries,
including manufacturing, engineering, construction, and retro-
fitting jobs in such energy-related industries;
(3) encourage energy-related industries to improve the oppor-
tunities for students of minority-serving institutions to partici-
pate in industry internships, apprenticeships, and cooperative
work-study programs; and
(4) partner with the Department of Energy laboratories to in-
crease underrepresented groups’ participation in internships,
fellowships, traineeships, and employment at all Department
of Energy laboratories.
(h) OUTREACH TO DISPLACED, UNEMPLOYED AND UNDEREMPLOYED
ENERGYWORKERS.—In carrying out the program established under
subsection (a), the Secretaries shall—
(1) give special consideration to increasing outreach to em-
ployers and job trainers preparing displaced, unemployed, and
underemployed energy workers for emerging jobs in energy-re-
lated industries, including manufacturing, engineering, con-
struction, and retrofitting jobs in such energy-related indus-
tries;
(2) make resources available to institutions serving displaced
and unemployed energy workers with the objective of increas-
ing the number of individuals trained for jobs in energy-related
industries, including manufacturing, engineering, construction,
and retrofitting jobs in such energy-related industries; and
(3) encourage energy-related industries to improve opportu-
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nities for displaced and unemployed energy workers to partici-
pate in industry internships, apprenticeships, and work-study
programs.
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31
(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to carry out this section $15,000,000 for each of fis-
cal years 2021 through 2025.
SEC. 12112. ENERGY WORKFORCE GRANT PROGRAM.
(a) PROGRAM.—
(1) ESTABLISHMENT.—Subject to the availability of appropria-
tions for such purpose, the Secretary of Labor and the Sec-
retary of Energy, acting through the Director of the Office of
Economic Impact, Diversity, and Employment, shall jointly es-
tablish and carry out a program to provide grants to eligible
entities to pay the eligible wages of, or eligible stipends for, in-
dividuals during the time period that such individuals are re-
ceiving training to work in the renewable energy sector, energy
efficiency sector, or grid modernization sector.
(2) GUIDELINES.—Not later than 60 days after the date of en-
actment of this Act, the Secretaries, in consultation with stake-
holders, contractors, and organizations that work to advance
existing residential energy efficiency, shall establish guidelines
to identify training that is eligible for purposes of the program
established pursuant to paragraph (1).
(b) ELIGIBILITY.—
(1) IN GENERAL.—To be eligible to receive a grant under the
program established under subsection (a), an eligible entity
shall be directly involved with energy efficiency or renewable
energy technology and provide services related to—
(A) renewable electric energy generation, including solar,
wind, geothermal, hydropower, and other renewable elec-
tric energy generation technologies;
(B) energy efficiency, including energy-efficient lighting,
heating, ventilation, and air conditioning, air source heat
pumps, advanced building materials, insulation and air
sealing, and other high-efficiency products and services, in-
cluding auditing and inspection, architecture, design, and
construction of new energy efficient buildings and building
energy retrofits;
(C) grid modernization or energy storage, including
smart grid, microgrid and other distributed energy solu-
tions, demand response management, and home energy
management technology; or
(D) fuel cell and hybrid fuel cell generation.
(2) DEFINITIONS.—In this subsection, the following terms
apply:
(A) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’
means—
(i) an employer in an industry described in para-
graph (1); or
(ii) a labor organization, a joint-labor management
organization, a State or local workforce board, or a
training program or provider that provides training to
individuals to work for an employer described in
clause (i), or works on behalf of any such employers.
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(B) ELIGIBLE STIPEND.—The term ‘‘eligible stipend’’
means a stipend that meets the criteria identified pursu-
ant to the guidelines established under subsection (a)(2).
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32
(C) ELIGIBLE WAGES.—The term ‘‘eligible wages’’ means
wages that meet the criteria identified pursuant to the
guidelines established under subsection (a)(2).
(c) USE OF GRANTS.—
(1) ELIGIBLE WAGES.—An eligible entity with—
(A) 20 or fewer employees may use a grant provided
under the program established under subsection (a) to pay
up to—
(i) 45 percent of an employee’s eligible wages for the
duration of the applicable training for such employee,
if the training is provided by the eligible entity; and
(ii) 90 percent of an employee’s eligible wages for the
duration of the applicable training for such employee,
if the training is provided by an entity other than the
eligible entity;
(B) 21 to 99 employees may use a grant provided under
the program established under subsection (a) to pay up
to—
(i) 37.5 percent of an employee’s eligible wages for
the duration of the applicable training for such em-
ployee, if the training is provided by the eligible enti-
ty; and
(ii) 75 percent of an employee’s eligible wages for the
duration of the applicable training for such employee,
if the training is provided by an entity other than the
eligible entity; and
(C) 100 employees or more may use a grant provided
under the program established under subsection (a) to pay
up to—
(i) 25 percent of an employee’s eligible wages for the
duration of the applicable training for such employee,
if the training is provided by the eligible entity; and
(ii) 50 percent of an employee’s eligible wages for the
duration of the applicable training for such employee,
if the training is provided by an entity other than the
eligible entity.
(2) STIPEND.—An eligible entity may use a grant provided
under the program established under subsection (a) to pay up
to 100 percent of an eligible stipend for an individual for the
duration of the applicable training for such individual.
(d) PRIORITY FOR TARGETED COMMUNITIES.—In providing grants
under the program established under subsection (a), the Secretary
shall give priority to an eligible entity that—
(1) recruits or trains individuals who are—
(A) from the community that the eligible entity serves;
and
(B)(i) from underrepresented populations; or
(ii) unemployed or underemployed energy workers; and
(2) will provide individuals receiving training with the oppor-
tunity to obtain or retain employment at an eligible entities.
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(e) LIMIT.—An eligible entity may not receive more than
$100,000 under the program established under subsection (a) per
fiscal year.
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33
(f) REPORT.—The Secretaries shall submit to Congress, annually
for each year the program established under subsection (a) is car-
ried out, a report on such program, including—
(1) an assessment of such program for the previous year, in-
cluding the number of jobs filled by individuals trained pursu-
ant to such program; and
(2) recommendations on how to improve such program.
(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to carry out this section $50,000,000 for each of fis-
cal years 2021 through 2025.
SEC. 12113. DEFINITIONS.
In this part:
(1) CAREER AND TECHNICAL EDUCATION.—The term ‘‘career
and technical education’’ has the meaning given such term in
section 3 or the Carl D. Perkins Career and Technical Edu-
cation Act of 2006 (20 U.S.C. 2302).
(2) COMMUNITY-BASED ORGANIZATION.—The term ‘‘commu-
nity-based organization’’ has the meaning given such term in
section 3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102).
(3) TRAINING PROGRAMS AND PROVIDERS.—The term ‘‘training
programs and providers’’ means State or local workforce devel-
opment boards, community-based organizations, qualified
youth or conservation corps, Job Corps authorized under sub-
title C of title I the Workforce Innovation and Opportunity Act
(29 U.S.C. 3101 et seq.), labor organizations, joint-labor man-
agement organizations, pre-apprenticeship programs, and ap-
prenticeship programs.
(4) EDUCATIONAL INSTITUTION.—The term ‘‘educational insti-
tution’’ means an elementary school, secondary school, or insti-
tution of higher education, including educational institutions
providing career and technical education programs and pro-
grams of study.
(5) ELEMENTARY SCHOOL AND SECONDARY SCHOOL.—The
terms ‘‘elementary school’’ and ‘‘secondary school’’ have the
meanings given such terms in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(6) ENERGY-RELATED INDUSTRY.—The term ‘‘energy-related
industry’’ includes the energy efficiency industry, renewable
energy industry, community energy resiliency industry, fuel
cell and hydrogen energy industry, advanced automotive tech-
nology industry, chemical manufacturing industry, electric util-
ity industry, gas utility industry, alternative fuels industry,
pipeline industry, nuclear energy industry, oil and gas indus-
try, and coal industry.
(7) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu-
tion of higher education’’ has the meaning given such term in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002), except that such term does not include institutions de-
scribed in subparagraph (A) or (C) of subsection (a)(1) of such
section 102.
(8) JOBS IN ENERGY-RELATED INDUSTRIES.—The term ‘‘jobs in
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energy-related industries’’ includes manufacturing, engineer-
ing, construction, and retrofitting jobs in energy-related indus-
tries.
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34
(9) LABOR ORGANIZATION.—The term ‘‘labor organization’’ has
the meaning given such term in section 2 of the National
Labor Relations Act (29 U.S.C. 152).
(10) MINORITY-SERVING INSTITUTION.—The term ‘‘minority-
serving institution’’ means an institution of higher education
that is of one of the following:
(A) A Hispanic-serving institution (as defined in section
502(a) of the Higher Education Act of 1965 (20 U.S.C.
1101a(a))).
(B) A Tribal College or University (as defined in section
316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b))).
(C) An Alaska Native-serving institution (as defined in
section 317(b) of the Higher Education Act of 1965 (20
U.S.C. 1059d(b))).
(D) A Native Hawaiian-serving institution (as defined in
section 317(b) of the Higher Education Act of 1965 (20
U.S.C. 1059d(b))).
(E) A Predominantly Black Institution (as defined in sec-
tion 318(b) of the Higher Education Act of 1965 (20 U.S.C.
1059e(b))).
(F) A Native American-serving nontribal institution (as
defined in section 319(b) of the Higher Education Act of
1965 (20 U.S.C. 1059f(b))).
(G) An Asian American and Native American Pacific Is-
lander-serving institution (as defined in section 320(b) of
the Higher Education Act of 1965 (20 U.S.C. 1059g(b))).
(H) A historically Black college or university (having the
meaning given the term ‘‘part B institution’’ in section 322
of the Higher Education Act of 1965 (20 U.S.C. 1061)).
(11) QUALIFIED YOUTH OR CONSERVATION CORPS.—The term
‘‘qualified youth or conservation corps’’ has the meaning given
such term in section 203(11) of the Public Lands Corps Act of
1993 (16 U.S.C. 1722(11)).
(12) SECRETARIES.—The term ‘‘Secretaries’’ means the Sec-
retary of Labor and the Secretary of Energy.
(13) STATE OR LOCAL WORKFORCE DEVELOPMENT BOARD.—The
term ‘‘State or workforce development board’’ or ‘‘local work-
force development board’’ have the meanings given the terms
‘‘State board’’ and ‘‘local board’’, respectively, in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(14) STATE WORKFORCE AGENCY.—The term ‘‘State workforce
agency’’ means the State agency with responsibility for work-
force investment activities under chapters 2 and 3 of subtitle
B of title I of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3121 et seq., 3131 et seq.).
(15) STEM.—The term ‘‘STEM’’ means science, technology,
engineering, and mathematics.
(16) UNDERREPRESENTED POPULATIONS.—The term ‘‘under-
represented populations’’ means a group of individuals (such as
a group of individuals from the same gender or race), the mem-
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bers of which comprise fewer than 25 percent of the individuals
employed in occupations in energy-related industries.
Page 832, after line 4, insert the following:
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35
SEC. 12203. APPRENTICESHIPS.
(a) IN GENERAL.—Any funds made available under this Act to
fund an apprenticeship or pre-apprenticeship program shall only be
used for, or provided to, apprenticeship and pre-apprenticeship pro-
grams as defined this section, including any funds awarded for the
purposes of grants, contracts, or cooperative agreements, or the de-
velopment, implementation, or administration of a program funded
in whole or part by federal funds under this Act.
(b) APPRENTICESHIP DEFINED.—In this Act, the term ‘‘apprentice-
ship’’ means an apprenticeship—
(1) registered under the Act of August 16, 1937 (commonly
known as the ‘‘National Apprenticeship Act’’; 50 Stat. 664,
chapter 663; 29 U.S.C. 50 et seq.); and
(2) that complies with the requirements of subpart A of part
29 of title 29, Code of Federal Regulations, and part 30 of such
title (as in effect on September 18, 2020).
(c) PRE-APPRENTICESHIP DEFINED.—In this Act, the term ‘‘pre-ap-
prenticeship’’ or ‘‘pre-apprenticeship program’’ means a training
model or program that—
(1) is designed to prepare participants to enter an appren-
ticeship program;
(2) is carried out by a sponsor that has a written agreement
with 1 or more sponsors of apprenticeship programs; and
(3) includes each of the following:
(A) Training (including a curriculum for the training)
aligned with industry standards related to an apprentice-
ship program and reviewed and approved annually by
sponsors of the apprenticeship program that are parties to
the written agreement, and that will prepare participants
by teaching the skills and competencies needed to enter 1
or more apprenticeship programs.
(B) Hands-on training and theoretical education for par-
ticipants that does not displace a paid employee.
(C) A formal agreement with a sponsor of an apprentice-
ship program that would enable participants who success-
fully complete the pre-apprenticeship program—
(i) to enter into the apprenticeship program if a
place in the program is available and if the participant
meets the qualifications of the apprenticeship pro-
gram; and
(ii) to earn credits towards the apprenticeship pro-
gram.
Beginning on page 841, line 23, strike paragraph (1), and redes-
ignate subsequent paragraphs accordingly.
Page 894, line 13, strike ‘‘Senate’’ and insert ‘‘House’’.
PART B—TEXT OF AMENDMENTS TO H.R. 4447 MADE IN ORDER
1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE AXNE OF
IOWA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 328, line 2, strike ‘‘industrial applications’’ and insert ‘‘in-
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dustrial applications, including at biofuel facilities’’.
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36
2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BARRAGÁN
OF CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
At the end of title III, add the following:
Subtitle D—Climate Smart Ports
SEC. 3401. CLIMATE SMART PORTS GRANT PROGRAM.
(a) ESTABLISHMENT.—Not later than 6 months after the date of
enactment of this section, the Administrator shall establish a pro-
gram to award grants to eligible entities to purchase, and as appli-
cable install, zero emissions port equipment and technology.
(b) USE OF GRANTS.—
(1) IN GENERAL.—An eligible entity may use a grant awarded
under this section to purchase, and as applicable install, zero
emissions port equipment and technology.
(2) PROHIBITED USE.—
(A) IN GENERAL.—An eligible entity may not use a grant
awarded under this section to purchase or install fully
automated cargo handling equipment or terminal infra-
structure that is designed for fully automated cargo han-
dling equipment.
(B) HUMAN-OPERATED ZERO EMISSIONS PORT EQUIPMENT
AND TECHNOLOGY.—Nothing in subparagraph (A) prohibits
an eligible entity from using a grant awarded under this
section to purchase human-operated zero emissions port
equipment and technology or infrastructure that supports
such human-operated zero emissions port equipment and
technology.
(3) COST SHARE.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), an eligible entity may not use a grant awarded under
this section to cover more than 70 percent of the cost of
purchasing, and as applicable installing, zero emissions
port equipment and technology.
(B) CERTAIN GRANTS.—With respect to a grant in an
amount equal to or greater than $3,000,000, an eligible en-
tity may use such grant to cover not more than 85 percent
of the cost of purchasing and installing zero emissions port
equipment and technology if such eligible entity certifies to
the Administrator that—
(i) such grant will be used, at least in part, to em-
ploy laborers or mechanics to install zero emissions
port equipment and technology; and
(ii) such eligible entity is a party to a project labor
agreement or requires that each subgrantee of such el-
igible entity, and any subgrantee thereof at any tier,
that performs such installation participate in a project
labor agreement.
(4) PROJECT LABOR.—An eligible entity that uses a grant
awarded under this section to install zero emissions port equip-
ment and technology shall ensure, to the greatest extent prac-
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ticable, that any subgrantee of such eligible entity, and any
subgrantee thereof at any tier, that carries out such installa-
tion employs laborers or mechanics for such installation that—
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37
(A) are domiciled not further than 50 miles from such in-
stallation;
(B) are members of the Armed Forces serving on active
duty, separated from active duty, or retired from active
duty;
(C) have been incarcerated or served time in a juvenile
detention facility; or
(D) have a disability.
(c) WAGES.—
(1) IN GENERAL.—All laborers and mechanics employed by a
subgrantee of an eligible entity, and any subgrantee thereof at
any tier, to perform construction, alteration, installation, or re-
pair work that is assisted, in whole or in part, by a grant
awarded under this section shall be paid wages at rates not
less than those prevailing on similar construction, alteration,
installation, or repair work in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of chapter
31 of title 40, United States Code.
(2) LABOR STANDARDS.—With respect to the labor standards
in this subsection, the Secretary of Labor shall have the au-
thority and functions set forth in Reorganization Plan Num-
bered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
3145 of title 40, United States Code.
(d) APPLICATION.—
(1) IN GENERAL.—To be eligible to be awarded a grant under
this section, an eligible entity shall submit to the Adminis-
trator an application at such time, in such manner, and con-
taining such information as the Administrator may require.
(2) PRIORITY.—The Administrator shall prioritize awarding
grants under this section to eligible entities based on the fol-
lowing:
(A) The degree to which the proposed use of the grant
will—
(i) reduce greenhouse gas emissions;
(ii) reduce emissions of any criteria pollutant and
precursor thereof;
(iii) reduce hazardous air pollutant emissions; and
(iv) reduce public health disparities in communities
that receive a disproportionate quantity of air pollu-
tion from a port.
(B) The amount of matching, non-Federal funds expected
to be used by an applicant to purchase, and as applicable
install, zero emissions port equipment and technology.
(C) Whether the applicant will use such grant to pur-
chase, and as applicable install, zero emissions port equip-
ment and technology that is produced in the United
States.
(D) As applicable, whether the applicant will meet the
utilization requirements for registered apprentices estab-
lished by the Secretary of Labor or a State Apprenticeship
Agency.
(E) As applicable, whether the applicant will recruit and
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retain skilled workers through a State-approved joint labor
management apprenticeship program.
(e) OUTREACH.—
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38
(1) IN GENERAL.—Not later than 90 days after funds are
made available to carry out this section, the Administrator
shall develop and carry out an educational outreach program
to promote and explain the grant program established under
subsection (a) to prospective grant recipients.
(2) PROGRAM COMPONENTS.—In carrying out the outreach
program developed under paragraph (1), the Administrator
shall—
(A) inform prospective grant recipients how to apply for
a grant awarded under this section;
(B) describe to prospective grant recipients the benefits
of available zero emissions port equipment and technology;
(C) explain to prospective grant recipients the benefits of
participating in the grant program established under this
section; and
(D) facilitate the sharing of best practices and lessons
learned between grant recipients and prospective grant re-
cipients with respect to how to apply for and use grants
awarded under this section.
(f) REPORTS.—
(1) REPORT TO ADMINISTRATOR.—Not later than 90 days after
the date on which an eligible entity uses a grant awarded
under this section, such eligible entity shall submit to the Ad-
ministrator a report containing such information as the Admin-
istrator shall require.
(2) ANNUAL REPORT TO CONGRESS.—Not later than January
31, 2021, and annually thereafter, the Administrator shall sub-
mit to Congress and make available on the website of the Envi-
ronmental Protection Agency a report that includes, with re-
spect to each grant awarded under this section during the pre-
ceding calendar year—
(A) the name and location of the eligible entity that was
awarded such grant;
(B) the amount of such grant that the eligible entity was
awarded;
(C) the name and location of the port where the zero
emissions port equipment and technology that was pur-
chased, and as applicable installed, with such grant is
used;
(D) an estimate of the impact of such zero emissions port
equipment and technology on reducing—
(i) greenhouse gas emissions;
(ii) emissions of criteria pollutants and precursors
thereof;
(iii) hazardous air pollutant emissions; and
(iv) public health disparities; and
(E) any other information the Administrator determines
necessary to understand the impact of grants awarded
under this section.
(g) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated to
carry out this section $1,000,000,000 for each of fiscal years
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2021 through 2030.
(2) NONATTAINMENT AREAS.—To the extent practicable, at
least 25 percent of amounts made available to carry out this
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39
section in each fiscal year shall be used to award grants to eli-
gible entities to provide zero emissions port equipment and
technology to ports that are in nonattainment areas.
(h) DEFINITIONS.—In this section:
(1) ACTIVE DUTY.— The term ‘‘active duty’’ has the meaning
given such term in section 101 of title 10, United States Code.
(2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Environmental Protection Agency.
(3) ALTERNATIVE EMISSIONS CONTROL TECHNOLOGY.—The
term ‘‘alternative emissions control technology’’ means a tech-
nology, technique, or measure that—
(A) captures the emissions of nitrogen oxide, particulate
matter, reactive organic compounds, and greenhouse gases
from the auxiliary engine and auxiliary boiler of an ocean-
going vessel at berth;
(B) is verified or approved by a State or Federal air
quality regulatory agency;
(C) the use of which achieves at least the equivalent re-
duction of emissions as the use of shore power for an
ocean-going vessel at berth;
(D) the use of which results in reducing emissions of the
auxiliary engine of an ocean-going vessel at berth to a rate
of less than—
(i) 2.8 g/kW-hr for nitrogen oxide;
(ii) 0.03 g/kW-hr for particulate matter 2.5; and
(iii) 0.1 g/kW-hr for reactive organic compounds; and
(E) reduces the emissions of the auxiliary engine and
boiler of an ocean-going vessel at berth by at least 80 per-
cent of the default emissions rate, which is 13.8 g.
(4) CRITERIA POLLUTANT.—The term ‘‘criteria pollutant’’
means each of the following:
(A) Ground-level ozone.
(B) Particulate matter.
(C) Carbon monoxide.
(D) Lead.
(E) Sulfur dioxide.
(F) Nitrogen dioxide.
(5) DISTRIBUTED ENERGY RESOURCE.—
(A) IN GENERAL.—The term ‘‘distributed energy re-
source’’ means an energy resource that—
(i) is located on or near a customer site;
(ii) is operated on the customer side of the electric
meter; and
(iii) is interconnected with the electric grid.
(B) INCLUSIONS.—The term ‘‘distributed energy resource’’
includes—
(i) clean electric generation;
(ii) customer electric efficiency measures;
(iii) electric demand flexibility; and
(iv) energy storage.
(6) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
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(A) a port authority;
(B) a State, regional, local, or Tribal agency that has ju-
risdiction over a port authority or a port;
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40
(C) an air pollution control district or air quality man-
agement district; or
(D) a private or nonprofit entity, applying for a grant
awarded under this section in collaboration with another
entity described in subparagraphs (A) through (C), that
owns or uses cargo or transportation equipment at a port.
(7) ENERGY STORAGE SYSTEM.—The term ‘‘energy storage sys-
tem’’ means a system, equipment, facility, or technology that—
(A) is capable of absorbing energy, storing energy for a
period of time, and dispatching the stored energy; and
(B) uses a mechanical, electrical, chemical, electro-
chemical, or thermal process to store energy that—
(i) was generated at an earlier time for use at a
later time; or
(ii) was generated from a mechanical process, and
would otherwise be wasted, for delivery at a later
time.
(8) FULLY AUTOMATED CARGO HANDLING EQUIPMENT.—The
term ‘‘fully automated cargo handling equipment’’ means cargo
handling equipment that—
(A) is remotely operated or remotely monitored; and
(B) with respect to the use of such equipment, does not
require the exercise of human intervention or control.
(9) NONATTAINMENT AREA.—The term ‘‘nonattainment area’’
has the meaning given such term in section 171 of the Clean
Air Act (42 U.S.C. 7501).
(10) PORT.—The term ‘‘port’’ includes a maritime port and an
inland port.
(11) PORT AUTHORITY.—The term ‘‘port authority’’ means a
governmental or quasi-governmental authority formed by a leg-
islative body to operate a port.
(12) PROJECT LABOR AGREEMENT.—The term ‘‘project labor
agreement’’ means a pre-hire collective bargaining agreement
with one or more labor organization that establishes the terms
and conditions of employment for a specific construction project
and is described in section 8(f) of the National Labor Relations
Act (29 U.S.C. 158(f)).
(13) REGISTERED APPRENTICE.—The term ‘‘registered appren-
tice’’ means a person who is participating in a registered ap-
prenticeship program.
(14) REGISTERED APPRENTICESHIP PROGRAM.—The term ‘‘reg-
istered apprenticeship program’’ means a program registered
pursuant to the Act of August 16, 1937 (commonly known as
the ‘‘National Apprenticeship Act’’; 50 Stat. 664, chapter 663;
29 U.S.C. 50 et seq.).
(15) SHORE POWER.—The term ‘‘shore power’’ means the pro-
vision of shoreside electrical power to a ship at berth that has
shut down main and auxiliary engines.
(16) STATE APPRENTICESHIP AGENCY.—The term ‘‘State Ap-
prenticeship Agency’’ has the meaning given such term in sec-
tion 29.2 of title 29, Code of Federal Regulations (as in effect
on January 1, 2020).
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(17) ZERO EMISSIONS PORT EQUIPMENT AND TECHNOLOGY.—
(A) IN GENERAL.—The term ‘‘zero emissions port equip-
ment and technology’’ means equipment and technology,
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41
including the equipment and technology described in sub-
paragraph (B), that—
(i) is used at a port; and
(ii) (I) produces zero exhaust emissions of—
(aa) any criteria pollutant and precursor
thereof; and
(bb) any greenhouse gas, other than water
vapor; or
(II) captures 100 percent of the exhaust emis-
sions produced by an ocean-going vessel at berth.
(B) EQUIPMENT AND TECHNOLOGY DESCRIBED.—The
equipment and technology described in this subparagraph
is the following:
(i) Any equipment that handles cargo.
(ii) A drayage truck that transports cargo.
(iii) A train that transports cargo.
(iv) Port harbor craft.
(v) A distributed energy resource.
(vi) An energy storage system.
(vii) Electrical charging infrastructure.
(viii) Shore power or an alternative emissions con-
trol technology.
(ix) An electric transport refrigeration unit.
3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BARRAGÁN
OF CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 784, line 22, strike ‘‘$10,000,000’’ and insert ‘‘$50,000,000’’.
4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BARRAGÁN
OF CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 131, line 12, strike ‘‘$310,000,000’’ and insert
‘‘$410,000,000’’.
Page 131, line 13, strike ‘‘$330,000,000’’ and insert
‘‘$430,000,000’’.
Page 131, line 14, strike ‘‘$350,000,000’’ and insert
‘‘$450,000,000’’.
Page 131, line 15, strike ‘‘$350,000,000’’ and insert
‘‘$450,000,000’’.
Page 131, line 16, strike ‘‘$350,000,000’’ and insert
‘‘$450,000,000’’.
5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BARRAGÁN
OF CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 745, after line 15, insert the following:
(29) CLIMATE JUSTICE.—The term ‘‘climate justice’’ means the
fair treatment and meaningful involvement of all individuals,
regardless of race, color, culture, national origin, educational
level, or income, with respect to the development, implementa-
tion, and enforcement of policies and projects that address cli-
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mate change, a recognition of the historical responsibilities for
climate change, and a commitment that the people and com-
munities least responsible for climate change, and most vulner-
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42
able to the impacts of climate change, do not suffer dispropor-
tionately as a result of historical injustice and disinvestment.
(30) NATURAL INFRASTRUCTURE.—The term ‘‘natural infra-
structure’’ means infrastructure that uses, restores, or emu-
lates natural ecological processes and—
(A) is created through the action of natural physical, ge-
ological, biological, and chemical processes over time;
(B) is created by human design, engineering, and con-
struction to emulate or act in concert with natural proc-
esses; or
(C) involves the use of plants, soils, and other natural
features, including through the creation, restoration, or
preservation of vegetated areas using materials appro-
priate to the region to manage stormwater and runoff, to
attenuate flooding and storm surges, and for other related
purposes.
Page 812, after line 17, insert the following:
SEC. 11017. CLIMATE JUSTICE GRANT PROGRAM.
(a) ESTABLISHMENT.—The Administrator shall establish a pro-
gram under which the Administrator shall provide grants to eligi-
ble entities to assist the eligible entities in—
(1) building capacity to address issues relating to climate jus-
tice; and
(2) carrying out any activity described in subsection (d).
(b) ELIGIBILITY.—To be eligible to receive a grant under sub-
section (a), an eligible entity shall be a tribal government, local
government, or nonprofit, community-based organization.
(c) APPLICATION.—To be eligible to receive a grant under sub-
section (a), an eligible entity shall submit to the Administrator an
application at such time, in such manner, and containing such in-
formation as the Administrator may require, including—
(1) an outline describing the means by which the project pro-
posed by the eligible entity will—
(A) with respect to climate justice issues at the local
level, increase the understanding of the environmental jus-
tice community at which the eligible entity will conduct
the project;
(B) improve the ability of the environmental justice com-
munity to address each issue described in subparagraph
(A);
(C) facilitate collaboration and cooperation among var-
ious stakeholders (including members of the environmental
justice community); and
(D) support the ability of the environmental justice com-
munity to proactively plan and implement climate justice
initiatives,
(2) a proposed budget for each activity of the project that is
the subject of the application;
(3) a list of proposed outcomes with respect to the proposed
project;
(4) a description of the ways by which the eligible entity may
leverage the funds of the eligible entity, or the funds made
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available through a grant under this subsection, to develop a
project that is capable of being sustained beyond the period of
the grant; and
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43
(5) a description of the ways by which the eligible entity is
linked to, and representative of, the environmental justice com-
munity at which the eligible entity will conduct the project.
(d) USE OF FUNDS.—An eligible entity may only use a grant
under this subsection to carry out culturally and linguistically ap-
propriate projects and activities that are driven by the needs, op-
portunities, and priorities of the environmental justice community
at which the eligible entity proposes to conduct the project or activ-
ity to address climate justice concerns of the environmental justice
community, including activities—
(1) to create or develop collaborative partnerships;
(2) to educate and provide outreach services to the environ-
mental justice community on climate justice;
(3) to identify and implement projects to address climate jus-
tice concerns, including community solar and wind energy
projects, energy efficiency, home and building electrification,
home and building weatherization, energy storage, solar and
wind energy supported microgrids, battery electric vehicles,
electric vehicle charging infrastructure, natural infrastructure,
and climate resilient infrastructure.
(e) LIMITATIONS ON AMOUNT.—The amount of a grant under this
section may not exceed $2,000,000 for any grant recipient.
(f) REPORT.—
(1) IN GENERAL.—Not later than 1 year after the date of en-
actment of this Act, and annually thereafter, the Administrator
shall submit to the Committees on Energy and Commerce and
Natural Resources of the House of Representatives and the
Committees on Environment and Public Works and Energy
and Natural Resources of the Senate a report describing the
ways by which the grant program under this subsection has
helped eligible entities address issues relating to energy and
climate justice.
(2) PUBLIC AVAILABILITY.—The Administrator shall make
each report required under paragraph (1) available to the pub-
lic (including by posting a copy of the report on the website of
the Environmental Protection Agency).
(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to carry out this subsection $1,000,000,000 for
each of fiscal years 2021 through 2025. The Administrator may not
use more than 2 percent of the amount appropriated for each fiscal
year for administrative expenses, including outreach and technical
assistance to eligible entities.
6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BARRAGÁN
OF CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 222, line 14, strike ‘‘$200,000,000’’ and insert
‘‘$250,000,000’’.
7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BLUNT
ROCHESTER OF DELAWARE OR HER DESIGNEE, DEBATABLE FOR 10
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MINUTES
Add at the end of title XII the following:
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44
Subtitle G—Open Back Better
SEC. 12701. FACILITIES ENERGY RESILIENCY.
(a) DEFINITIONS.—In this section:
(1) COVERED PROJECT.—The term ‘‘covered project’’ means a
building project at an eligible facility that—
(A) increases—
(i) resiliency, including—
(I) public health and safety;
(II) power outages;
(III) natural disasters;
(IV) indoor air quality; and
(V) any modifications necessitated by the
COVID–19 pandemic;
(ii) energy efficiency;
(iii) renewable energy; and
(iv) grid integration; and
(B) may have combined heat and power and energy stor-
age as project components.
(2) EARLY CHILDHOOD EDUCATION PROGRAM.—The term
‘‘early childhood education program’’ has the meaning given
the term in section 103 of the Higher Education Act of 1965
(20 U.S.C. 1003).
(3) ELEMENTARY SCHOOL.—The term ‘‘elementary school’’ has
the meaning given the term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(4) ELIGIBLE FACILITY.—The term ‘‘eligible facility’’ means a
public facility, as determined by the Secretary, including—
(A) a public school, including an elementary school and
a secondary school;
(B) a facility used to operate an early childhood edu-
cation program;
(C) a local educational agency;
(D) a medical facility;
(E) a local or State government building;
(F) a community facility;
(G) a public safety facility;
(H) a day care center;
(I) an institution of higher education;
(J) a public library; and
(K) a wastewater treatment facility.
(5) ENVIRONMENTAL JUSTICE COMMUNITY.—The term ‘‘envi-
ronmental justice community’’ means a community with sig-
nificant representation of communities of color, low income
communities, or Tribal and indigenous communities, that expe-
riences, or is at risk of experiencing, higher or more adverse
human health or environmental effects.
(6) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu-
tion of higher education’’ has the meaning given the term in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
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1001).
(7) LOCAL EDUCATIONAL AGENCY.—The term ‘‘local edu-
cational agency’’ has the meaning given the term in section
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45
8101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
(8) LOW INCOME.—The term ‘‘low income’’, with respect to a
household, means an annual household income equal to, or less
than, the greater of—
(A) 80 percent of the median income of the area in which
the household is located, as reported by the Department of
Housing and Urban Development; and
(B) 200 percent of the Federal poverty line.
(9) LOW INCOME COMMUNITY.—The term ‘‘low income commu-
nity’’ means a census block group in which not less than 30
percent of households are low income.
(10) SECONDARY SCHOOL.—The term ‘‘secondary school’’ has
the meaning given the term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(11) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Energy.
(12) STATE.—The term ‘‘State’’ has the meaning given the
term in section 3 of the Energy Policy and Conservation Act
(42 U.S.C. 6202).
(13) STATE ENERGY PROGRAM.—The term ‘‘State Energy Pro-
gram’’ means the State Energy Program established under part
D of title III of the Energy Policy and Conservation Act (42
U.S.C. 6321 et seq.).
(14) TRIBAL ORGANIZATION.—
(A) IN GENERAL.—The term ‘‘tribal organization’’ has the
meaning given the term in section 3765 of title 38, United
States Code.
(B) TECHNICAL AMENDMENT.—Section 3765(4) of title 38,
United States Code, is amended by striking ‘‘section 4(l) of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b(l))’’ and inserting ‘‘section 4 of the In-
dian Self-Determination and Education Assistance Act (25
U.S.C. 5304)’’.
(b) STATE PROGRAMS.—
(1) ESTABLISHMENT.—Not later than 60 days after the date
of enactment of this Act, the Secretary shall distribute grants
to States under the State Energy Program, in accordance with
the allocation formula established under that Program, to im-
plement covered projects.
(2) USE OF FUNDS.—
(A) IN GENERAL.—Subject to subparagraph (B), grant
funds under paragraph (1) may be used for technical as-
sistance, project facilitation, and administration.
(B) TECHNICAL ASSISTANCE.—A State may use not more
than 10 percent of grant funds received under paragraph
(1) to provide technical assistance for the development, fa-
cilitation, management, oversight, and measurement of re-
sults of covered projects implemented using those funds.
(C) ENVIRONMENTAL JUSTICE AND OTHER COMMU-
NITIES.—To support communities adversely impacted by
the COVID–19 pandemic, a State shall use not less than
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40 percent of grant funds received under paragraph (1) to
implement covered projects in environmental justice com-
munities or low income communities.
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46
(D) PRIVATE FINANCING.—A State receiving a grant
under paragraph (1) shall—
(i) to the extent practicable, leverage private financ-
ing for cost-effective energy efficiency, renewable en-
ergy, resiliency, and other smart-building improve-
ments, such as by entering into an energy service per-
formance contract; but
(ii) maintain the use of grant funds to carry out cov-
ered projects with more project resiliency, public
health, and capital-intensive efficiency and emission
reduction components than are typically available
through private energy service performance contracts.
(E) GUIDANCE.—In carrying out a covered project using
grant funds received under paragraph (1), a State shall, to
the extent practicable, adhere to guidance developed by
the Secretary pursuant to the American Recovery and Re-
investment Act of 2009 (Public Law 111–5; 123 Stat. 115)
relating to distribution of funds, if that guidance will speed
the distribution of funds under this subsection.
(3) NO MATCHING REQUIREMENT.—Notwithstanding any other
provision of law, a State receiving a grant under paragraph (1)
shall not be required to provide any amount of matching fund-
ing.
(4) REPORT.—Not later than 1 year after the date on which
grants are distributed under paragraph (1), and each year
thereafter until the funds appropriated under paragraph (5)
are no longer available, the Secretary shall submit a report on
the use of those funds (including in the communities described
in paragraph (2)(C)) to—
(A) the Subcommittee on Energy and Water Develop-
ment of the Committee on Appropriations of the Senate;
(B) the Subcommittee on Energy and Water Develop-
ment and Related Agencies of the Committee on Appro-
priations of the House of Representatives;
(C) the Committee on Energy and Natural Resources of
the Senate;
(D) the Committee on Energy and Commerce of the
House of Representatives; and
(E) the Committee on Education and Labor of the House
of Representatives.
(5) FUNDING.—In addition to any amounts made available to
the Secretary to carry out the State Energy Program, there is
authorized to be appropriated to the Secretary $18,000,000,000
to carry out this subsection, to remain available until Sep-
tember 30, 2025.
(6) SUPPLEMENT, NOT SUPPLANT.—Funds made available
under paragraph (5) shall supplement, not supplant, any other
funds made available to States for the State Energy Program
or the weatherization assistance program established under
part A of title IV of the Energy Conservation and Production
Act (42 U.S.C. 6861 et seq.).
(c) FEDERAL ENERGY MANAGEMENT PROGRAM.—
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(1) IN GENERAL.—Not later than 60 days after the date of en-
actment of this Act, the Secretary shall use the funds appro-
priated under paragraph (4) to provide grants under the AF-
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47
FECT program under the Federal Energy Management Pro-
gram of the Department of Energy to implement covered
projects.
(2) PRIVATE FINANCING.—A recipient of a grant under para-
graph (1) shall—
(A) to the extent practicable, leverage private financing
for cost-effective energy efficiency, renewable energy, resil-
iency, and other smart-building improvements, such as by
entering into an energy service performance contract; but
(B) maintain the use of grant funds to carry out covered
projects with more project resiliency, public health, and
capital-intensive efficiency and emission reduction compo-
nents than are typically available through private energy
service performance contracts.
(3) REPORT.—Not later than 1 year after the date on which
grants are distributed under paragraph (1), and each year
thereafter until the funds appropriated under paragraph (4)
are no longer available, the Secretary shall submit a report on
the use of those funds to—
(A) the Subcommittee on Energy and Water Develop-
ment of the Committee on Appropriations of the Senate;
(B) the Subcommittee on Energy and Water Develop-
ment and Related Agencies of the Committee on Appro-
priations of the House of Representatives;
(C) the Committee on Energy and Natural Resources of
the Senate;
(D) the Committee on Energy and Commerce of the
House of Representatives; and
(E) the Committee on Education and Labor of the House
of Representatives.
(4) FUNDING.—In addition to any amounts made available to
the Secretary to carry out the AFFECT program described in
paragraph (1), there is authorized to be appropriated to the
Secretary $500,000,000 to carry out this subsection, to remain
available until September 30, 2025.
(d) TRIBAL ORGANIZATIONS.—
(1) IN GENERAL.—Not later than 60 days after the date of en-
actment of this Act, the Secretary, acting through the head of
the Office of Indian Energy, shall distribute funds made avail-
able under paragraph (3) to tribal organizations to implement
covered projects.
(2) REPORT.—Not later than 1 year after the date on which
funds are distributed under paragraph (1), and each year
thereafter until the funds made available under paragraph (3)
are no longer available, the Secretary shall submit a report on
the use of those funds to—
(A) the Subcommittee on Energy and Water Develop-
ment of the Committee on Appropriations of the Senate;
(B) the Subcommittee on Energy and Water Develop-
ment and Related Agencies of the Committee on Appro-
priations of the House of Representatives;
(C) the Committee on Energy and Natural Resources of
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the Senate;
(D) the Committee on Energy and Commerce of the
House of Representatives; and
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48
(E) the Committee on Education and Labor of the House
of Representatives.
(3) FUNDING.—There is authorized to be appropriated to the
Secretary $1,500,000,000 to carry out this subsection, to re-
main available until September 30, 2025.
(e) USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS.—
(1) IN GENERAL.—Except as provided in paragraph (2), none
of the funds made available by or pursuant to this section may
be used for a covered project unless all of the iron, steel, and
manufactured goods used in the project are produced in the
United States.
(2) EXCEPTIONS.—The requirement under paragraph (1) shall
be waived by the head of the relevant Federal department or
agency in any case or category of cases in which the head of
the relevant Federal department or agency determines that—
(A) adhering to that requirement would be inconsistent
with the public interest;
(B) the iron, steel, and manufactured goods needed for
the project are not produced in the United States—
(i) in sufficient and reasonably available quantities;
and
(ii) in a satisfactory quality; or
(C) the inclusion of iron, steel, and relevant manufac-
tured goods produced in the United States would increase
the overall cost of the project by more than 25 percent.
(3) WAIVER PUBLICATION.—If the head of a Federal depart-
ment or agency makes a determination under paragraph (2) to
waive the requirement under paragraph (1), the head of the
Federal department or agency shall publish in the Federal
Register a detailed justification for the waiver.
(4) INTERNATIONAL AGREEMENTS.—This subsection shall be
applied in a manner consistent with the obligations of the
United States under all applicable international agreements.
(f) WAGE RATE REQUIREMENTS.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, all laborers and mechanics employed by contractors and
subcontractors on projects funded directly or assisted in whole
or in part by the Federal Government pursuant to this section
shall be paid wages at rates not less than those prevailing on
projects of a similar character in the locality, as determined by
the Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code (commonly known as
the ‘‘Davis-Bacon Act’’).
(2) AUTHORITY.—With respect to the labor standards speci-
fied in paragraph (1), the Secretary of Labor shall have the au-
thority and functions set forth in Reorganization Plan Num-
bered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
3145 of title 40, United States Code.
SEC. 12702. PERSONNEL.
(a) IN GENERAL.—To carry out section 12701, the Secretary of
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Energy shall hire within the Department of Energy—
(1) not less than 300 full-time employees in the Office of En-
ergy Efficiency and Renewable Energy;
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49
(2) not less than 100 full-time employees, to be distributed
among—
(A) the Office of General Counsel;
(B) the Office of Procurement Policy;
(C) the Golden Field Office;
(D) the National Energy Technology Laboratory; and
(E) the Office of the Inspector General; and
(3) not less than 20 full-time employees in the Office of In-
dian Energy.
(b) TIMELINE.—Not later than 60 days after the date of enact-
ment of this Act, the Secretary shall—
(1) hire all personnel under subsection (a); or
(2) certify that the Secretary is unable to hire all personnel
by the date required under this subsection.
(c) CONTRACT HIRES.—
(1) IN GENERAL.—If the Secretary makes a certification
under subsection (b)(2), the Secretary may hire on a contract
basis not more than 50 percent of the personnel required to be
hired under subsection (a).
(2) DURATION.—An individual hired on a contract basis
under paragraph (1) shall have an employment term of not
more than 1 year.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to the Secretary to carry out this section
$84,000,000 for each of fiscal years 2021 through 2031.
(e) REPORT.—Not later than 60 days after the date of enactment
of this Act, and annually thereafter for 2 years, the Secretary shall
submit a report on progress made in carrying out subsection (a)
to—
(1) the Subcommittee on Energy and Water Development of
the Committee on Appropriations of the Senate;
(2) the Subcommittee on Energy and Water Development
and Related Agencies of the Committee on Appropriations of
the House of Representatives;
(3) the Committee on Energy and Natural Resources of the
Senate;
(4) the Committee on Energy and Commerce of the House of
Representatives; and
(5) the Committee on Education and Labor of the House of
Representatives.
8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BROWN OF
MARYLAND OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 2, after the item relating to section 1602, insert the fol-
lowing:
Sec. 1603. Prohibition on category 1 respiratory sensitizers.
At the end of subtitle F of title I, insert the following:
SEC. 1603. PROHIBITION ON CATEGORY 1 RESPIRATORY SENSITIZERS.
Thermal insulating materials for building elements including
walls, floors, ceilings, attics and roofs insulation, used for ‘‘Low In-
come Home Energy Assistance’’ and ‘‘Weatherization Assistance
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Program’’ shall not contain any substance that is a Category 1 res-
piratory sensitizer as defined in Appendix A to section 1910.1200
of title 29, Code of Federal Regulations, (specifically, Appendix A.4,
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50
‘‘Respiratory or Skin Sensitization’’), if such substance was inten-
tionally added or is present at greater than 0.1 percent (1000 ppm)
by weight in the product.
9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BURGESS
OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Add at the end of subtitle F of title XII the following:
SEC. 12607. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall not take
effect until the date on which the Secretary of Energy submits to
Congress a certification that implementation of this Act, and the
amendments made by this Act, will not reduce the energy security
or energy independence of the United States.
10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BURGESS
OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Add at the end of subtitle F of title XII the following:
SEC. 12607. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall not take
effect until the date on which the Secretary of Energy submits to
Congress a certification that implementation of this Act, and the
amendments made by this Act, will not increase electric rates or
gasoline prices outside of normal market factors.
11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BURGESS
OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
At the end of subtitle F of title XII, add the following:
SEC. 12llll. REPORT ON MINING OF CRITICAL MINERALS USING
FORCED LABOR IN FOREIGN COUNTRIES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Interior, in consultation with the Commis-
sioner of U.S. Customs and Border Protection and the Secretary of
State, shall submit to the Congress a report evaluating the use of
child labor, slavery, or human trafficking to mine or otherwise ob-
tain one or more of the minerals listed in the Notice of the Depart-
ment of the Interior entitled ‘‘Final List of Critical Minerals 2018’’
(83 Fed. Reg. 23295), or in any successor notice updating such
Final List, for export to the United States.
12. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BURGESS
OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
At the end of subtitle F of title XII, insert the following:
SEC. 12607. REPORT TO CONGRESS.
The Secretary of Energy shall report to Congress on the effect of
variable and distributed energy resources on the reliability of the
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electric grid, specifically pertaining to natural disasters and phys-
ical or cyber attacks on the grid infrastructure.
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51
13. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BURGESS
OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Add after section 12606 the following:
SEC. 12607. REPORT ON DUPLICATION OF EFFORTS AMONG APPLIED
ENERGY PROGRAMS.
Not later than 6 months after the date of the enactment of this
Act, the Secretary of Energy shall report to Congress that includes
the following:
(1) A description of potential duplication of research efforts
among the applied energy programs of the Department of En-
ergy.
(2) An evaluation of the opportunity costs associated with
such duplication.
(3) Recommendations on how to streamline the research
grant process.
(4) A description of the effects of combining projects that are
duplicative with one another.
Page 9, after the matter relating to Section 12606, insert the fol-
lowing:
Sec. 12607. Report on duplication of efforts among applied energy programs.
14. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CASTOR
OF FLORIDA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 9, after the item relating to section 12606, insert the fol-
lowing:
Sec. 12607. Study on equitable distribution of benefits of clean energy.
At the end of subtitle F of Title XII, insert the following:
SEC. 12607. DEPARTMENT OF ENERGY RESEARCH MISSION ON CLI-
MATE CHANGE AND EMISSIONS REDUCTION.
(a) GOALS.—Section 902 of the Energy Policy Act of 2005 (42
U.S.C. 16181) is amended—
(1) in paragraph (4), by striking ‘‘and’’ at the end; and
(2) by striking paragraph (5) and inserting the following:
‘‘(5) decreasing the environmental impact of energy-related
activities, including by deeply reducing emissions; and
‘‘(6) improving energy-sector resilience to climate change.’’.
(b) EMISSIONS DEFINED FOR GOALS.—Section 902 of the Energy
Policy Act of 2005 (42 U.S.C. 16181) is amended by adding at the
end the following:
‘‘(e) EMISSIONS DEFINED.—In this section, the term ‘emissions’
means greenhouse gas emissions or other pollutants.’’.
(c) EMISSIONS REDUCTION.—Section 911 of the Energy Policy Act
of 2005 (42 U.S.C. 16191) is amended—
(1) in the heading by inserting ‘‘AND EMISSIONS REDUC-
TIONS’’ after ‘‘ENERGY EFFICIENCY’’;
(2) in subsection (a)—
(A) in paragraph (1)—
(i) by inserting ‘‘and emissions reductions’’ after ‘‘en-
ergy efficiency’’; and
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(ii) in subparagraph (A), by inserting ‘‘, and reducing
emissions from,’’ after ‘‘efficiency of’’; and
(B) in paragraph (2)—
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52
(i) by amending the matter preceding subparagraph
(A)(i) to read as follows:
‘‘(A) advanced, cost-effective technologies to improve the
energy efficiency and environmental performance of, and
reduce emissions from, vehicles, including—’’;
(ii) by amending subparagraph (B) to read as follows:
‘‘(B) cost-effective technologies for new construction and
retrofit, to improve the energy efficiency and environ-
mental performance of, and reduce emissions from build-
ings, using a whole-buildings approach, including onsite
clean energy generation and beneficial electrification;’’; and
(iii) by amending subparagraph (C) to read as follows:
‘‘(C) advanced technologies to improve the energy effi-
ciency, environmental performance, and process efficiency
of, and reduce emissions from industry, especially energy-
intensive and waste-intensive industries;’’; and
(3) by adding at the end the following:
‘‘(f) EMISSIONS DEFINED.—In this section, the term ‘emissions’
means greenhouse gas emissions or other pollutants.’’.
15. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CASTOR
OF FLORIDA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 9, after the item relating to section 12606, insert the fol-
lowing:
Sec. 12607. Study on equitable distribution of benefits of clean energy.
At the end of subtitle F of Title XII, insert the following:
SEC. 12607. STUDY ON EQUITABLE DISTRIBUTION OF BENEFITS OF
CLEAN ENERGY.
(a) FRONTLINE COMMUNITY.—In this section, the term ‘‘frontline
community’’ means a community with significant representation of
communities of color, low-income communities, or Tribal and indig-
enous communities, that experiences, or is at risk of experiencing,
higher or more adverse human health or environmental effects.
(b) STUDY.—Not later than 1 year after the date of the enactment
of this Act, the Secretary of Energy shall enter into an agreement
with the National Academies of Science, Engineering, and Medicine
to undertake a study on technical and non-technical barriers to and
solutions for ensuring equitable distribution of the benefits associ-
ated with clean energy in frontline communities across all sectors
of the economy, and in particular the role of the Department of En-
ergy in assessing and mitigating such barriers. The study shall—
(1) assess the state of research on the equitable distribution
of the benefits of clean energy including workforce development
and job creation;
(2) assess the progress in implementing programs and poli-
cies that result in increased adoption of clean energy tech-
nologies in frontline communities;
(3) identify barriers as well as potential incentives and mech-
anisms to achieving the equitable distribution of the benefits
associated with clean energy in frontline communities, includ-
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ing through the consideration of social, behavioral, regulatory,
policy, market, and technology aspects, and considerations of
the characteristics of individual communities, such as geo-
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53
graphical location, average income, and racial-ethnic composi-
tion; and
(4) recommend research areas for the Department of Energy
to make progress towards ensuring equitable distribution of
the benefits associated with clean energy in frontline commu-
nities.
16. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CLARKE
OF NEW YORK OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
At the end of title VI, add the following:
Subtitle G—Clean Refrigerated Vehicles
Program
SEC. 6701. PILOT PROGRAM FOR THE ELECTRIFICATION OF CERTAIN
REFRIGERATED VEHICLES.
(a) ESTABLISHMENT OF PILOT PROGRAM.—The Administrator
shall establish and carry out a pilot program to award funds, in the
form of grants, rebates, and low-cost revolving loans, as determined
appropriate by the Administrator, on a competitive basis, to eligible
entities to carry out projects described in subsection (b).
(b) PROJECTS.—An eligible entity receiving an award of funds
under subsection (a) may use such funds only for one or more of
the following projects:
(1) TRANSPORT REFRIGERATION UNIT REPLACEMENT.—A
project to retrofit a heavy-duty vehicle by replacing or retro-
fitting the existing diesel-powered transport refrigeration unit
in such vehicle with an electric transport refrigeration unit and
retiring the replaced unit for scrappage.
(2) SHORE POWER INFRASTRUCTURE.—A project to purchase
and install shore power infrastructure or other equipment that
enables transport refrigeration units to connect to electric
power and operate without using diesel fuel.
(c) MAXIMUM AMOUNTS.—The amount of an award of funds under
subsection (a) shall not exceed—
(1) for the costs of a project described in subsection (b)(1), 75
percent of such costs; and
(2) for the costs of a project described in subsection (b)(2), 55
percent of such costs.
(d) APPLICATIONS.—To be eligible to receive an award of funds
under subsection (a), an eligible entity shall submit to the Adminis-
trator—
(1) a description of the air quality in the area served by the
eligible entity, including a description of how the air quality is
affected by diesel emissions from heavy-duty vehicles;
(2) a description of the project proposed by the eligible entity,
including—
(A) any technology to be used or funded by the eligible
entity; and
(B) a description of the heavy-duty vehicle or vehicles of
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the eligible entity, that will be retrofitted, if any, includ-
ing—
(i) the number of such vehicles;
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54
(ii) the uses of such vehicles;
(iii) the locations where such vehicles dock for the
purpose of loading or unloading; and
(iv) the routes driven by such vehicles, including the
times at which such vehicles are driven;
(3) an estimate of the cost of the proposed project;
(4) a description of the age and expected lifetime control of
the equipment used or funded by the eligible entity; and
(5) provisions for the monitoring and verification of the
project including to verify scrappage of replaced units.
(e) PRIORITY.—In awarding funds under subsection (a), the Ad-
ministrator shall give priority to proposed projects that, as deter-
mined by the Administrator—
(1) maximize public health benefits;
(2) are the most cost-effective; and
(3) will serve the communities that are most polluted by die-
sel motor emissions, including communities that the Adminis-
trator identifies as being in either nonattainment or mainte-
nance of the national ambient air quality standards for a cri-
teria pollutant, particularly for—
(A) ozone; and
(B) particulate matter.
(f) DATA RELEASE.—Not later than 120 days after the date on
which an award of funds is made under this section, the Adminis-
trator shall publish on the website of the Environmental Protection
Agency, on a downloadable electronic database, information with
respect to such award of funds, including—
(1) the name and location of the recipient;
(2) the total amount of funds awarded;
(3) the intended use or uses of the awarded funds;
(4) the date on which the award of funds was approved;
(5) where applicable, an estimate of any air pollution or
greenhouse gas emissions avoided as a result of the project
funded by the award; and
(6) any other data the Administrator determines to be nec-
essary for an evaluation of the use and effect of awarded funds
provided under this section.
(g) REPORTS TO CONGRESS.—
(1) ANNUAL REPORT TO CONGRESS.—Not later than 1 year
after the date of the establishment of the pilot program under
this section, and annually thereafter until amounts made
available to carry out this section are expended, the Adminis-
trator shall submit to Congress and make available to the pub-
lic a report that describes, with respect to the applicable year—
(A) the number of applications for awards of funds re-
ceived under such program;
(B) all awards of funds made under such program, in-
cluding a summary of the data described in subsection (f);
(C) the estimated reduction of annual emissions of air
pollutants regulated under section 109 of the Clean Air
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Act (42 U.S.C. 7409), and the estimated reduction of green-
house gas emissions, associated with the awards of funds
made under such program;
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55
(D) the number of awards of funds made under such pro-
gram for projects in communities described in subsection
(e)(3); and
(E) any other data the Administrator determines to be
necessary to describe the implementation, outcomes, or ef-
fectiveness of such program.
(2) FINAL REPORT.—Not later than 1 year after amounts
made available to carry out this section are expended, or 5
years after the pilot program is established, whichever comes
first, the Administrator shall submit to Congress and make
available to the public a report that describes—
(A) all of the information collected for the annual reports
under paragraph (1);
(B) any benefits to the environment or human health
that could result from the widespread application of elec-
tric transport refrigeration units for short-haul transpor-
tation and delivery of perishable goods or other goods re-
quiring climate-controlled conditions, including in low-in-
come communities and communities of color;
(C) any challenges or benefits that recipients of awards
of funds under such program reported with respect to the
integration or use of electric transport refrigeration units
and associated technologies;
(D) an assessment of the national market potential for
electric transport refrigeration units;
(E) an assessment of challenges and opportunities for
widespread deployment of electric transport refrigeration
units, including in urban areas; and
(F) recommendations for how future Federal, State, and
local programs can best support the adoption and wide-
spread deployment of electric transport refrigeration units.
(h) DEFINITIONS.—In this section:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Environmental Protection Agency.
(2) DIESEL-POWERED TRANSPORT REFRIGERATION UNIT.—The
term ‘‘diesel-powered transport refrigeration unit’’ means a
transport refrigeration unit that is powered by an independent
diesel internal combustion engine.
(3) ELECTRIC TRANSPORT REFRIGERATION UNIT.—The term
‘‘electric transport refrigeration unit’’ means a transport refrig-
eration unit in which the refrigeration or climate-control sys-
tem is driven by an electric motor when connected to shore
power infrastructure or other equipment that enables trans-
port refrigeration units to connect to electric power, including
all-electric transport refrigeration units, hybrid electric trans-
port refrigeration units, and standby electric transport refrig-
eration units.
(4) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a regional, State, local, or Tribal agency, or port au-
thority, with jurisdiction over transportation or air quality;
(B) a nonprofit organization or institution that—
(i) represents or provides pollution reduction or edu-
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cational services to persons or organizations that own
or operate heavy-duty vehicles or fleets of heavy-duty
vehicles; or
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56
(ii) has, as its principal purpose, the promotion of
air quality;
(C) an individual or entity that is the owner of record of
a heavy-duty vehicle or a fleet of heavy-duty vehicles that
operates for the transportation and delivery of perishable
goods or other goods requiring climate-controlled condi-
tions;
(D) an individual or entity that is the owner of record of
a facility that operates as a warehouse or storage facility
for perishable goods or other goods requiring climate-con-
trolled conditions; or
(E) a hospital or public health institution that utilizes
refrigeration for storage of perishable goods or other goods
requiring climate-controlled conditions.
(5) HEAVY-DUTY VEHICLE.—The term ‘‘heavy-duty vehicle’’
means—
(A) a commercial truck or van—
(i) used for the primary purpose of transporting per-
ishable goods or other goods requiring climate-con-
trolled conditions; and
(ii) with a gross vehicle weight rating greater than
6,000 pounds; or
(B) an insulated cargo trailer used in transporting per-
ishable goods or other goods requiring climate-controlled
conditions when mounted on a semitrailer.
(6) SHORE POWER INFRASTRUCTURE.—The term ‘‘shore power
infrastructure’’ means electrical infrastructure that provides
power to the electric transport refrigeration unit of a heavy-
duty vehicle when such vehicle is stationary on a property
where such vehicle is parked or loaded, including a food dis-
tribution center or other location where heavy-duty vehicles
congregate.
(7) TRANSPORT REFRIGERATION UNIT.—The term ‘‘transport
refrigeration unit’’ means a climate-control system installed on
a heavy-duty vehicle for the purpose of maintaining the quality
of perishable goods or other goods requiring climate-controlled
conditions.
(i) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated to
carry out this section $10,000,000, to remain available until ex-
pended.
(2) ADMINISTRATIVE EXPENSES.—The Administrator may use
not more than 1 percent of amounts made available pursuant
to paragraph (1) for administrative expenses to carry out this
section.
17. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CLEAVER
OF MISSOURI OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
At the end of subtitle F of title XII, add the following:
SEC. 12607. TREE PLANTING GRANT PROGRAM.
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(a) DEFINITIONS.—In this section:
(1) ELIGIBLE COST.—The term ‘‘eligible cost’’ means, with re-
spect to a project—
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57
(A) the cost of implementing the project, including—
(i) planning and designing the planting activity;
(ii) purchasing trees; and
(iii) preparing the site and conducting planting, in-
cluding the labor and cost associated with the use of
machinery;
(B) the cost of maintaining and monitoring planted trees
for a period of up to 3 years to ensure successful establish-
ment of the trees;
(C) the cost of training activities associated with the
project; and
(D) any other relevant cost, as determined by the Sec-
retary.
(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a State agency;
(B) a local governmental entity;
(C) an Indian Tribe;
(D) a nonprofit organization; and
(E) a retail power provider.
(3) ENERGY BURDEN.—The term ‘‘energy burden’’ means the
percentage of household income spent on home energy bills.
(4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ has the meaning
given the term ‘‘Indian tribe’’ in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(5) LOCAL GOVERNMENTAL ENTITY.—The term ‘‘local govern-
mental entity’’ means any municipal government or county
government with jurisdiction over local land use decisions.
(6) NONPROFIT ORGANIZATION.—The term ‘‘nonprofit organi-
zation’’ means an organization that—
(A) is described in section 170(h)(3) of the Internal Rev-
enue Code of 1986; and
(B) operates in accordance with 1 or more of the pur-
poses described in section 170(h)(4)(A) of that Code.
(7) PROGRAM.—The term ‘‘Program’’ means the grant pro-
gram established under subsection (b)(1).
(8) PROJECT.—The term ‘‘project’’ means a tree planting
project carried out by an eligible entity using grant funds
awarded under the Program.
(9) RETAIL POWER PROVIDER.—The term ‘‘retail power pro-
vider’’ means any entity authorized under applicable State or
Federal law to generate, distribute, or provide retail electricity,
natural gas, or fuel oil service.
(10) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Energy.
(b) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary, in coordination with the
Secretary of Agriculture, acting through the Chief of the Forest
Service, shall establish a program under which the Secretary
shall award grants to eligible entities to conduct tree planting
projects in accordance with this section.
(2) TREE PLANTING.—Subject to the availability of appropria-
tions, in carrying out the Program, the Secretary shall, to the
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maximum extent practicable, award sufficient grants each year
to plant not less than 300,000 trees each year.
(c) APPLICATIONS.—
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58
(1) IN GENERAL.—An eligible entity that seeks to receive a
grant under the Program shall submit an application to the
Secretary at such time, in such form, and containing such in-
formation as the Secretary may require, including the informa-
tion described in paragraph (2).
(2) CONTENTS.—An application submitted under paragraph
(1) shall include—
(A) a description of how the project will reduce residen-
tial energy consumption;
(B) an estimate of the expected reduction in residential
energy consumption;
(C) a description of the total eligible costs of the project
and sources of funding for the project;
(D) a description of the anticipated community and
stakeholder engagement in the project;
(E) a description of the tree species to be planted and
how that species is suitable for the local environmental
conditions and climate; and
(F) any other relevant information required by the Sec-
retary.
(d) PRIORITY.—In awarding grants under the Program, the Sec-
retary shall give priority to projects that—
(1) provide the largest potential reduction in residential en-
ergy consumption for households with a high energy burden;
(2) are located in a neighborhood with lower tree canopy
cover and higher maximum daytime summer temperatures;
(3) are located in a neighborhood with high amounts of sen-
ior citizens or children;
(4) will collaboratively engage neighbors and community
members that will be closely affected by the tree planting; and
(5) will employ a substantial percentage of the workforce lo-
cally, with a focus on engaging unemployed and under-
employed persons.
(e) COSTS.—
(1) FEDERAL SHARE.—The Secretary shall award a grant to
an eligible entity under the Program in an amount equal to not
more than 75 percent of the eligible costs of the project, as de-
termined by the Secretary.
(2) MATCHING REQUIREMENT.—As a condition of receiving a
grant under the Program, an eligible entity shall provide, in
cash or through in-kind contributions from non-Federal
sources, matching funds in an amount equal to not less than
25 percent of the eligible costs of the project, as determined by
the Secretary.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to
be appropriated to carry out the Program $50,000,000 for each of
fiscal years 2021 through 2025.
18. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COX OF
CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 229, after line 7, insert the following (and redesignate para-
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graph (22) as paragraph (23)):
(22) Durable, low-cost solar-powered sensors, equipment, and
machinery for off-grid use, with special consideration for agri-
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59
cultural applications, such as solar powered smart agricultural
monitoring and irrigation systems
19. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DEGETTE
OF COLORADO OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Add at the end of title XI the following:
SEC. 11017. ENVIRONMENTAL JUSTICE FOR COMMUNITIES OVERBUR-
DENED BY ENVIRONMENTAL VIOLATIONS.
(a) IDENTIFICATION OF COMMUNITIES.—Not later than 180 days
after the date of enactment of this section, the Administrator shall,
in consultation with the Advisory Council and co-regulators in
State and local agencies, identify at least 100 communities—
(1) that are environmental justice communities; and
(2) in which there have been over the previous 5 years a
number of violations of environmental law that the Adminis-
trator determines to be greater than the national average of
such violations.
(b) ANALYSIS AND RECOMMENDATIONS.—Not later than 1 year
after the enactment of this section, with respect to each community
identified under subsection (a), and in consultation with the Advi-
sory Council, the Administrator shall—
(1) undertake an analysis of the conditions which have led
to the number of violations identified under subsection (a)(1),
including through community-based science implemented
through engagement with the residents of each such commu-
nity;
(2) identify the root cause of the number of violations de-
scribed under subsection (a)(1); and
(3) recommend measures that the Administrator shall take,
in coordination with co-regulators in State and local agencies,
to reduce the number of violations of environmental law to a
number that the Administrator determines to be significantly
below the national average.
(c) IMPLEMENTATION.—Not later than 2 years after the date of
enactment of this section, the Administrator shall complete the im-
plementation of the measures identified under subsection (b)(3).
20. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DELGADO
OF NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
At the end of part 2 of subtitle A of title XII, add the following:
(h) MONITORING.—The Secretary of Labor, in consultation with
the Secretary of Energy, shall collect data to monitor current and
future trends and shortages within the clean energy technology in-
dustry, which includes skilled technical personnel, electric power
engineers, transmission engineers, and other occupations or fields
of work under—
(1) the agriculture and forestry industry;
(2) the electric utility industry;
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(3) the manufacturing industry;
(4) the wholesale trade industry;
(5) the professional and business services industry; and
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60
(6) the manufacturing and operation and maintenance indus-
tries for component parts of clean energy technologies.
(i) REPORT ON CURRENT TRENDS AND SHORTAGES.—Not later
than 120 days after the date of enactment of this Act, and on a
quarterly basis thereafter, the Secretary shall submit to Congress,
based on the data collected under subsection (h), a report on—
(1) trends and shortages as of the date of such report, and
recommendations to prepare the workforce to address such
trends and shortages to meet the demands of a clean energy
economy; and
(2) other recommendations the Secretary determines appro-
priate.
(j) REPORT ON FUTURE TRENDS AND SHORTAGES.—Not later than
1 year after the date of enactment of this Act, the Secretary shall
submit to Congress, based on the data collected under subsection
(h), a report on—
(1) trends and shortages projected in the next 10 years, and
recommendations to address such trends and shortages to pre-
pare the workforce to meet the demands of a clean energy
economy; and
(2) other recommendations the Secretary determines appro-
priate.
21. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE
DESAULNIER OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR
10 MINUTES
Page 830, after line 5, insert the following:
SEC. 12114. RENEWABLE ENERGY TRANSITION GRANT PROGRAM.
(a) IN GENERAL.—The Secretary of Energy, in coordination with
the Secretary of Labor, shall establish a grant program for local
governments for the purpose of developing a plan to transition
workers from employment in fossil fuel industries to employment
in sustainable industries.
(b) ELIGIBILITY.—The Secretary of Energy may award grants
under subsection (a) to local governments—
(1) that establish industry or sector partnerships (as defined
in section 3 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102));
(2) that are in localities that the Secretary of Energy deter-
mines to have a percentage of traditional energy sector jobs
that is average or above average relative to the United States.
(c) DETERMINATION OF PERCENTAGE OF TRADITIONAL ENERGY
SECTOR JOBS.—In making the determination under subsection
(b)(2), the Secretary of Energy shall take into consideration infor-
mation from the report entitled ‘‘U.S. Energy and Employment Re-
port’’ issued by the Secretary in January, 2017.
(d) USE OF FUNDS.—Funds under subsection (a) may be used for
the following purposes:
(1) To develop a transition plan described in subsection (a).
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(2) To develop an apprenticeship program to train individ-
uals employed in fossil fuel industries and individuals who are
new to the workforce for jobs in sustainable industries.
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61
(e) TRANSITION PLAN REQUIREMENTS.—A transition plan funded
under subsection (a) shall include a plan for unemployment insur-
ance, job transition training, and community services for the com-
munities affected by the transition.
(f) AUTHORIZATION.—There are authorized to be appropriated
such sums as necessary to carry out this section.
On page 9, after the matter relating to section 12113, insert the
following:
Sec. 12114. Renewable energy transition grant program
22. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DINGELL
OF MICHIGAN OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
At the end of subtitle H of title I, add the following:
SEC. 1806. WATER HEATERS.
(a) DEFINITION OF WATER HEATER.—Section 321 of the Energy
Policy and Conservation Act (42 U.S.C. 6291) is amended by strik-
ing paragraph (27) and inserting the following:
‘‘(27) WATER HEATER.—
‘‘(A) IN GENERAL.—The term ‘water heater’ means a
product that utilizes oil, gas, or electricity to heat potable
water for use outside the heater on demand, including—
‘‘(i) storage type units that heat and store water at
a thermostatically controlled temperature, including—
‘‘(I) gas storage water heaters with an input of
75,000 Btu per hour or less, including heat pump
type units that meet the current and voltage lim-
its under clause (iii);
‘‘(II) oil storage water heaters with an input of
105,000 Btu per hour or less; and
‘‘(III) electric storage water heaters with an
input of 12 kilowatts or less, including heat pump
type units that meet the current and voltage lim-
its under clause (iii);
‘‘(ii)(I) instantaneous type units that heat water but
contain not more than 1 gallon of water per 4,000 Btu
per hour of input; and
‘‘(II) in the case of—
‘‘(aa) gas instantaneous water heaters, have
an input of 200,000 Btu per hour or less and
are designed and marketed to provide outlet
hot water at a thermostatically controlled
temperature of less than 180 degrees Fahr-
enheit;
‘‘(bb) oil instantaneous water heaters, have
an input of 210,000 Btu per hour or less; and
‘‘(cc) electric instantaneous water heaters,
have an input of 12 kilowatts or less;
‘‘(iii) heat pump type units (including add-on heat
pumps, integrated heat pumps with storage, split-sys-
tem heat pumps that consist of a separate heat pump
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and storage tank that are designed and marketed to
operate together, and all ancillary equipment, such as
fans, storage tanks, pumps, electric resistance heating
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62
elements, or controls necessary for the device to per-
form its function) that—
‘‘(I) have a maximum current rating of 24 am-
peres at a voltage not greater than 250 volts; and
‘‘(II) are designed to transfer thermal energy
from 1 temperature level to a different tempera-
ture level for the purpose of heating water;
‘‘(iv) solar thermal-assisted electric storage units;
and
‘‘(v) solar thermal-assisted fossil fuel storage units.
‘‘(B) EXCLUSIONS.—Unless otherwise determined by the
Secretary under section 325(e)(7)(B), the term ‘water heat-
er’ does not include—
‘‘(i) electric storage type units described in subpara-
graph (A)(i)(III) that—
‘‘(I) are designed and marketed exclusively for
commercial building applications; and
‘‘(II)(aa) are designed, constructed, inspected,
tested, and stamped in accordance with Section
IV, Part HLW, or Section X of the Boiler and
Pressure Vessel Code promulgated by the Amer-
ican Society of Mechanical Engineers;
‘‘(bb) exclusively use 3-phase electricity, are
designed and marketed to provide outlet hot
water at a thermostatically controlled tem-
perature of 180 degrees Fahrenheit or great-
er, and operate only at rated voltages of not
less than 208 volts; or
‘‘(cc) exclusively use single-phase electricity,
are designed and marketed to provide outlet
hot water at a thermostatically controlled
temperature of 180 degrees Fahrenheit or
greater, and operate only at a rated voltage of
277 volts; or
‘‘(ii) gas storage type units described in subpara-
graph (A)(i)(I) that—
‘‘(I) are designed and marketed exclusively for
commercial building applications; and
‘‘(II) are designed, constructed, inspected, tested,
and stamped in accordance with Section IV, Part
HLW, of the Boiler and Pressure Vessel Code pro-
mulgated by the American Society of Mechanical
Engineers.
‘‘(C) MULTI-INPUT ELECTRIC STORAGE WATER HEATER.—
The term ‘multi-input electric storage water heater’ means
a product that—
‘‘(i) is not a heat pump type unit described in sub-
paragraph (A)(iii); and
‘‘(ii) is designed, marketed, or shipped from the
manufacturer with a capability of operating or being
configured to operate at inputs greater than, equal to,
or below 12 kilowatts.
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‘‘(D) SOLAR THERMAL-ASSISTED ELECTRIC STORAGE
UNIT.—The term ‘solar thermal-assisted electric storage
unit’ means a unit that—
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63
‘‘(i) has an input of 12 kilowatts or less;
‘‘(ii) has at least 2 dedicated ports in addition to the
ports used for introduction and delivery of potable
water for the supply and return of water or a heat
transfer fluid heated externally by solar panels;
‘‘(iii) does not have electric resistance heating ele-
ments located in the lower half of the storage tank;
‘‘(iv) has the temperature sensing device that con-
trols the auxiliary electric heat source located in the
upper half of the storage tank; and
‘‘(v) has a ratio of less than 0.70 for the proportion
that the certified first hour rating bears to the nomi-
nal volume of the storage tank.’’.
(b) STANDARDS FOR WATER HEATERS.—Section 325(e) of the En-
ergy Policy and Conservation Act (42 U.S.C. 6295(e)) is amended
by adding at the end the following:
‘‘(7) EXEMPTED WATER HEATERS.—
‘‘(A) DEFINITION OF EXEMPTED WATER HEATER.—In this
paragraph, the term ‘exempted water heater’ means a
water heater described in section 321(27)(B).
‘‘(B) MONITORING OF SHIPMENTS.—
‘‘(i) SUBMISSION OF DATA.—Not later than 90 days
after the date of enactment of this paragraph, and not
later than May 1 of each year thereafter, the Secretary
shall require each manufacturer of water heaters to
report to the Secretary the quantity of exempted water
heaters, in each category of exempted water heaters,
that the manufacturer shipped in the preceding cal-
endar year.
‘‘(ii) CONFIDENTIALITY REQUIREMENTS.—The Sec-
retary shall treat shipment data reported by manufac-
turers under clause (i) as confidential business infor-
mation subject to appropriate confidential data safe-
guards.
‘‘(iii) PUBLICATION.—
‘‘(I) BASELINE SHIPMENT DATA.—Not later than
120 days after the date of enactment of this para-
graph, the Secretary shall publish an analysis of
the data collected under clause (i) for public com-
ment, subject to applicable confidentiality safe-
guards, which shall serve as the baseline data for
the analysis described in subclause (II)(bb).
‘‘(II) PERCENTAGE GROWTH FROM BASELINE.—Not
later than June 1 of each year after the year in
which the Secretary publishes data under sub-
clause (I), the Secretary shall publish—
‘‘(aa) an analysis of the data collected under
clause (i) for public comment, subject to appli-
cable confidentiality safeguards;
‘‘(bb) the percentage growth in the number
of shipments within each category of exempt-
ed water heater relative to the baseline data
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described in subclause (I); and
‘‘(cc) the determination of the Secretary as
to whether the number of shipments for any
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64
category of exempted water heater have in-
creased by more than 25 percent compared to
the baseline data for that category.
‘‘(C) INCLUSION OF EXEMPTED WATER HEATERS.—
‘‘(i) IN GENERAL.—The Secretary shall, by regulation,
revise the definition of water heater under section
321(27) to include an exempted water heater under
subparagraph (A) of that section if the Secretary
makes an affirmative determination under subpara-
graph (B)(iii)(II)(cc) for that category of exempted
water heater.
‘‘(ii) ENERGY CONSERVATION STANDARDS.—Any cat-
egory of exempted water heater included in the defini-
tion of water heater under clause (i) shall be required
to meet the energy conservation standards applicable
to an electric or gas storage type water heater under
this part.
‘‘(iii) EFFECTIVE DATE.—For any category of exempt-
ed water heater, the Secretary shall carry out clause
(i), and require compliance under clause (ii), not later
than 1 year after the date on which the Secretary
makes the affirmative determination described in
clause (i) for that category.
‘‘(8) STANDARDS FOR MULTI-INPUT ELECTRIC STORAGE WATER
HEATERS.—A multi-input electric storage water heater shall be
subject to the test procedures, energy conservation standards,
labeling (if applicable), and certification requirements—
‘‘(A) for electric storage water heaters under this part;
and
‘‘(B) for storage water heaters under part C.
‘‘(9) TECHNOLOGY-NEUTRAL ELECTRIC STORAGE WATER HEATER
STANDARDS.—Notwithstanding any other provision of this Act,
the Secretary may not create separate product classes for heat
pump water heaters and other electric storage water heaters.’’.
(c) DEFINITION OF COMMERCIAL WATER HEATER.—Section 340 of
the Energy Policy and Conservation Act (42 U.S.C. 6311) is amend-
ed by striking paragraph (12) and inserting the following:
‘‘(12)(A) STORAGE WATER HEATER.—
‘‘(i) IN GENERAL.—The term ‘storage water heater’
means a water heater that—
‘‘(I) heats and stores water within an appliance
at a thermostatically controlled temperature for
delivery on demand; and
‘‘(II) is not a water heater described in section
321(27)(A).
‘‘(ii) EXCLUSION.—The term ‘storage water heater’
does not include a unit with an input rating of 4,000
Btu per hour or more per gallon of stored water.
‘‘(B) INSTANTANEOUS WATER HEATER.—The term ‘instan-
taneous water heater’ means a water heater that—
‘‘(i) has an input rating of at least 4,000 Btu per
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hour per gallon of stored water; and
‘‘(ii) is not a water heater described in section
321(27)(A).
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65
‘‘(C) UNFIRED HOT WATER STORAGE TANK.—The term
‘unfired hot water storage tank’ means a tank used to
store water that is heated externally.’’.
(d) LABELING REQUIREMENTS.—Section 344 of the Energy Policy
and Conservation Act (42 U.S.C. 6315) is amended by adding at the
end the following:
‘‘(l) LABELS FOR CERTAIN COMMERCIAL WATER HEATERS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
this section, water heaters described in section 321(27)(B) shall
be required to bear a permanent label, applied at the point of
manufacture, that, subject to paragraph (3), satisfies the re-
quirements described in paragraph (2).
‘‘(2) REQUIREMENTS.—A label required under paragraph (1)
shall—
‘‘(A) be made of material not adversely affected by water;
‘‘(B) be attached by means of nonwater-soluble adhesive;
and
‘‘(C) bear the following notice printed in 16.5 point Arial
Narrow Bold font: ‘IMPORTANT INFORMATION: Exclu-
sively intended for commercial installations. This model is
not certified by the U.S. Department of Energy as a resi-
dential water heater. This model does not have a certified
First Hour or UEF rating.’.
‘‘(3) REVISION UPON PETITION.—On receipt of a petition by an
interested party, the Secretary may conduct a rulemaking to
revise the scope and requirements of the label required under
paragraph (1).’’.
(e) EFFECTIVE DATE.—This section and the amendments made by
this section shall take effect 180 days after the date of enactment
of this Act.
23. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DOGGETT
OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 383, after line 7, insert the following:
SEC. 3115. NATIONAL ACADEMY OF SCIENCES STUDY ON CARBON CAP-
TURE TECHNOLOGY.
(a) IN GENERAL.—The Secretary of Energy shall enter into an
agreement with the National Academy of Sciences, Engineering,
and Medicine to conduct a study evaluating the efficacy of carbon
capture and storage technology by industry in reducing emissions
and the cost-effectiveness of such technologies. Such study shall in-
clude a description of the following:
(1) Analysis of the effectiveness of emissions reductions and
cost through implementation of carbon capture as compared to
transitioning to other low-emissions technologies.
(2) Differences in performance of various carbon capture
technologies and storage methods, including the net amount of
carbon dioxide that can be permanently sequestered, the cost
(in terms of dollar per ton captured/sequestered) of each tech-
nology, and the potential to increase the net amount of carbon
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dioxide captured/sequestered and lower operational costs.
(3) Barriers, in terms of cost, infrastructure, geology,
aquifers, and markets, to ensuring permanent carbon storage
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66
including both point of source capture and removal from the
atmosphere of captured carbon dioxide.
(4) Analysis of the lifecycle emissions associated with carbon
capture technologies, including construction and operation of
the carbon capture technology, as well as transport, processing,
and injection of carbon dioxide, including the permanence of
carbon storage and sequestration, and strategies to reduce
those emissions. This should include the amount of carbon di-
oxide emitted from a facility outfitted with carbon capture
technologies that is permanently sequestered compared to the
amount of carbon dioxide emitted by the carbon capture proc-
ess itself.
(5) Evaluation of the impact of carbon capture technologies
on air pollution, including particulate emissions and ozone pre-
cursors, with specific analysis on the impacts on communities
historically overburdened with pollution, including rural com-
munities.
(b) REPORT.—The agreement under subsection (a) shall specify
that, not later than 1 year after the date of enactment of this Act,
the National Academy of Sciences shall submit to Congress a re-
port containing the results and findings of study authorized under
this section.
Page 5, in the table of contents, after the matter related to sec-
tion 3114, insert the following:
Sec. 3115. National Academy of Sciences study on carbon capture technology.
24. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ESCOBAR
OF TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 223, lines 18 through 21, strike paragraph (2) and insert
the following:
(2) The term ‘‘institution of higher education’’—
(A) has the meaning given such term in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001); and
(B) includes a minority-serving institution.
(3) The term ‘‘minority-serving institution’’ has the meaning
given the term ‘‘eligible institution’’ in section 371(a) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
Page 223, line 22, redesignate paragraph (3) as paragraph (4).
Page 224, lines 1 and 4, redesignate paragraphs (4) and (5) as
paragraphs (5) and (6).
Page 225, after line 20, insert the following:
(4) SPECIAL CONSIDERATION.—With respect to applications
under paragraph (3), the Secretary shall give special consider-
ation to applications from minority-serving institutions or a
multi-institutional consortium which includes a minority-serv-
ing institution.
25. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE
FINKENAUER OF IOWA OR HER DESIGNEE, DEBATABLE FOR 10
MINUTES
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Page 9, after the item relating to section 12606, insert the fol-
lowing:
Sec. 12607. Labor Standards.
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67
At the end of subtitle F, insert the following:
SEC. 12607 LABOR STANDARDS.
(a) IN GENERAL.—Notwithstanding any other provision of law, for
fiscal year 2021 and each fiscal year thereafter, any construction
or maintenance projects, including installation or removal of appli-
cable infrastructure, assisted in whole or in part by funds appro-
priated under sections 1203, 1221, 1802, 1803, 1804, 1805, 2122,
2401, 2502, 2503, 2504, 2505, 2522, 2523, 2524, 2525, 2542, 2543,
2544, 2545, 2547, 2552, 2553, 2561, 3102, 3103, 3104, 3105, 3106,
3107, 3109, 3110, 3111, 3112, 3201, 4101, 4202, 5101, 5301, 5302,
5321, 5322, 5323, 5324, 5341, 5342, 6201, 6301, 6502, 6512, 7001,
8101, 8102, 8206, 8304, 9105, 9302, 9304, 10121, and 12401 of this
Act and including 42 U.S.C. 17011 and 42 U.S.C. 16061, without
regard to the form or type of Federal assistance provided under
such section or part, shall comply with labor standards under this
section. Compliance with labor standards under this section shall
also apply to entities that are awarded permits, leases or enter into
agreements with the Federal Government under subtitle F of Title
II of this Act.
(b) CERTIFICATION OF QUALIFIED ENTITIES.—
(1) IN GENERAL.—The Secretary of Labor shall establish a
process for certifying entities that submit an application under
paragraph (2) as qualified entities with respect to construction
and maintenance projects funded in part or whole under sec-
tions 1203, 1221, 1802, 1803, 1804, 1805, 2122, 2401, 2502,
2503, 2504, 2505, 2522, 2523, 2524, 2525, 2542, 2543, 2544,
2545, 2547, 2552, 2553, 2561, 3102, 3103, 3104, 3105, 3106,
3107, 3109, 3110, 3111, 3112, 3201, 4101, 4202, 5101, 5301,
5302, 5321, 5322, 5323, 5324, 5341, 5342, 6201, 6301, 6502,
6512, 7001, 8101, 8102, 8206, 8304, 9105, 9302, 9304, 10121,
and 12401 of this Act and including 42 U.S.C. 17011 and 42
U.S.C. 16061.
(2) APPLICATION PROCESS.—An entity seeking certification as
a qualified entity under this section shall submit an applica-
tion to the Secretary of Labor at such time, in such manner,
and containing such information as the Secretary may reason-
ably require, including information to demonstrate compliance
with the requirements under subsection (c).
(3) REQUESTS FOR ADDITIONAL INFORMATION.—Not later than
1 year after receiving an application from an entity under
paragraph (2)—
(A) the Secretary of Labor may request additional infor-
mation from the entity in order to determine whether the
entity is in compliance with the requirements under sub-
section (c); and
(B) the entity shall provide such additional information
within 30 days of the Secretary of Labor’s request under
subparagraph (A).
(4) DETERMINATION DEADLINE.—The Secretary of Labor shall
make a determination on whether to certify an entity under
this section not later than—
(A) in a case in which the Secretary requests additional
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information described in paragraph (3), 1 year after the
Secretary receives such additional information from the
entity, or
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68
(B) in a case that is not described in paragraph (3)(A),
1 year after the date on which the entity submits the ap-
plication under paragraph (2).
(5) PRECERTIFICATION REMEDIES.—The Secretary shall con-
sider any corrective actions taken by an entity seeking certifi-
cation under this subsection to remedy an administrative mer-
its determination, arbitral award or decision, or civil judgment
identified under subsection (c)(3) and shall impose as a condi-
tion of certification any additional remedies necessary to avoid
further or repeated violations.
(c) LABOR STANDARDS REQUIREMENTS.—The Secretary of Labor
shall require an entity, as a condition of certification under this
section, to satisfy each of the following requirements:
(1) The entity shall ensure that all laborers and mechanics
employed by contractors and subcontractors in the performance
of any construction or maintenance project shall be paid wages
at rates not less than those prevailing on projects of a similar
character in the locality as determined by the Secretary of
Labor in accordance with subchapter IV of chapter 31 of title
40, United States Code (commonly known as the ‘‘Davis-Bacon
Act’’).
(2) In the case of any construction or maintenance project,
the cost of which exceeds $25,000,000, the entity shall be a
party to, or require contractors and subcontractors in the per-
formance of such construction or maintenance project to con-
sent to, a covered project labor agreement.
(3) The entity, and all contractors and subcontractors in per-
formance of any construction or maintenance project, shall rep-
resent in the application submitted under subsection (b)(2)
(and periodically thereafter during the performance of the con-
struction or maintenance project as the Secretary of Labor may
require) whether there has been any administrative merits de-
termination, arbitral award or decision, or civil judgment, as
defined in guidance issued by the Secretary of Labor, rendered
against the entity in the preceding 3 years (or, in the case of
disclosures after the initial disclosure, during such period as
the Secretary of Labor may provide) for violations of—
(A) the Fair Labor Standards Act of 1938 (29 U.S.C. 201
et seq.);
(B) the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.);
(C) the Migrant and Seasonal Agricultural Worker Pro-
tection Act (29 U.S.C. 1801 et seq.);
(D) the National Labor Relations Act (29 U.S.C. 151 et
seq.);
(E) subchapter IV of chapter 31 of title 40, United States
Code (commonly known as the ‘‘Davis-Bacon Act’’);
(F) chapter 67 of title 41, United States Code (commonly
known as the ‘‘Service Contract Act’’);
(G) Executive Order 11246, as amended (relating to
equal employment opportunity);
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(H) section 503 of the Rehabilitation Act of 1973 (29
U.S.C. 793);
(I) section 4212 of title 38, United States Code;
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69
(J) the Family and Medical Leave Act of 1993 (29 U.S.C.
2601 et seq.);
(K) title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.);
(L) the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.);
(M) the Age Discrimination in Employment Act of 1967
(29 U.S.C. 621 et seq.);
(N) Executive Order 13658, dated February 2014, (enti-
tled ‘‘Establishing a Minimum Wage for Contractors’’); or
(O) equivalent State laws, as defined in guidance issued
by the Secretary of Labor.
(4) The entity, and all contractors and subcontractors in the
performance of construction or maintenance project, shall not
require arbitration for any dispute involving an employee de-
scribed in paragraph (5) engaged in a service for the entity or
any contractor and subcontractor, or enter into any agreement
with such employee requiring arbitration of any such dispute,
unless such employee is covered by a collective bargaining
agreement that provides otherwise.
(5) For purposes of compliance with the National Labor Rela-
tions Act (29 U.S.C. 151 et seq.), the Fair Labor Standards Act
of 1938 (29 U.S.C. 201 et seq.), and the requirements under
this section, the entity, and all contractors and subcontractors
in the performance of any construction or maintenance project,
shall consider an individual performing any service in such
performance as an employee (and not an independent con-
tractor) of the entity, contractor, or subcontractor, respectively,
unless—
(A) the individual is free from control and direction in
connection with the performance of the service, both under
the contract for the performance of the service and in fact;
(B) the service is performed outside the usual course of
the business of the entity, contractor, or subcontractor, re-
spectively; and
(C) the individual is customarily engaged in an inde-
pendently established trade, occupation, profession, or
business of the same nature as that involved in such serv-
ice.
(6) The entity shall prohibit all contractors and subcontrac-
tors in the performance of any construction or maintenance
project from hiring employees through a temporary staffing
agency unless the relevant State workforce agency certifies
that temporary employees are necessary to address an acute,
short-term labor demand.
(7) The entity shall require all contractors, subcontractors,
successors in interest of the entity, and other entities that may
acquire the entity, in the performance or acquisition of any
construction or maintenance project, to have and abide by an
explicit neutrality policy on any issue involving the exercise by
employees of the entity as described in paragraph (5), and of
all contractors and subcontractors in the performance of any
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construction or maintenance project, of the right to organize
and bargain collectively through representatives of their own
choosing.
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70
(8) The entity shall require all contractors and subcontrac-
tors to participate in a registered apprenticeship program for
each skilled craft employed on any construction or mainte-
nance project.
(9) The entity, and all contractors and subcontractors in the
performance of any construction or maintenance project, shall
not request or otherwise consider the criminal history of an ap-
plicant for employment before extending a conditional offer to
the applicant, unless—
(A) a background check is otherwise required by law;
(B) the position is for a Federal law enforcement officer
(as defined in section 115(c)(1) of title 18, United States
Code) position; or
(C) the Secretary of Labor, after consultation with the
Secretary of Energy, certifies that precluding criminal his-
tory prior to the conditional offer would pose a threat to
national security.
(d) DAVIS-BACON ACT.—The Secretary of Labor shall have, with
respect to the labor standards described in subsection (d)(1), the
authority and functions set forth in Reorganization Plan Numbered
14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title
40, United States Code.
(e) PERIOD OF VALIDITY FOR CERTIFICATIONS.—A certification
made under this section shall be in effect for a period of 5 years.
An entity may reapply to the Secretary of Labor for an additional
certification under this section in accordance with the application
process under subsection (b)(2).
(f) REVOCATION OF QUALIFIED ENTITY STATUS.—The Secretary of
Labor may revoke the certification of an entity under this section
as a qualified entity at any time in which the Secretary reasonably
determines the entity is no longer in compliance with the require-
ments of subsection (c).
(g) CERTIFICATION MAY COVER MORE THAN 1 SUBSTANTIALLY
SIMILAR PROJECT.—The Secretary of Labor may make certifications
under this section which apply with respect to more than 1 project
if the projects to which such certification apply are substantially
similar projects which meet the requirements of this section. Such
projects shall be treated as a specific construction or maintenance
project for purposes of subsection (h)(2).
(h) DEFINITIONS.—In this section:
(1) COVERED PROJECT LABOR AGREEMENT.—The term ‘‘cov-
ered project labor agreement’’ means a project labor agreement
that—
(A) binds all contractors and subcontractors on the con-
struction project through the inclusion of appropriate spec-
ifications in all relevant solicitation provisions and con-
tract documents;
(B) allows all contractors and subcontractors to compete
for contracts and subcontracts without regard to whether
they are otherwise a party to a collective bargaining agree-
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ment;
(C) contains guarantees against strikes, lockouts, and
other similar job disruptions;
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71
(D) sets forth effective, prompt, and mutually binding
procedures for resolving labor disputes arising during the
covered project labor agreement; and
(E) provides other mechanisms for labor-management co-
operation on matters of mutual interest and concern, in-
cluding productivity, quality of work, safety, and health.
(2) PROJECT LABOR AGREEMENT.—The term ‘‘project labor
agreement’’ means a pre-hire collective bargaining agreement
with one or more labor organizations that establishes the
terms and conditions of employment for a specific construction
project and is described in section 8(f) of the National Labor
Relations Act (29 U.S.C. 158(f)).
(3) QUALIFIED ENTITY.—The term ‘‘qualified entity’’ means an
applicant for certification under subsection (b) that the Sec-
retary of Labor certifies as a qualified entity in accordance
with subsection (b).
(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to carry out this such sums as necessary for fiscal
year 2020 and each fiscal year thereafter.
26. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE
GARAMENDI OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10
MINUTES
At the end of subtitle C of title XII, add the following:
SEC. ll. EXTENSION OF AUTHORITY FOR NON-OIL AND GAS OPER-
ATIONS ON THE OUTER CONTINENTAL SHELF.
Section 4(a)(1) of the Outer Continental Shelf Lands Act (43
U.S.C. 1333(a)(1)) is amended to read as follows:
‘‘(1) JURISDICTION OF THE UNITED STATES ON THE OUTER CON-
TINENTAL SHELF.——
‘‘(A) IN GENERAL.—The Constitution and laws and civil
and political jurisdiction of the United States are ex-
tended, to the same extent as if the outer Continental
Shelf were an area of exclusive Federal jurisdiction located
within a State, to—
‘‘(i) the subsoil and seabed of the outer Continental
Shelf;
‘‘(ii) all artificial islands on the outer Continental
Shelf;
‘‘(iii) all installations and other devices permanently
or temporarily attached to the seabed, which may be
erected thereon for the purpose of exploring for, devel-
oping, or producing resources therefrom or producing
or supporting the production of energy from sources
other than oil and gas; and
‘‘(iv) any such installation or other device (other
than a ship or vessel) for the purpose of transporting
such resources or transmitting energy.
‘‘(B) LEASES ISSUED EXCLUSIVELY UNDER THIS ACT.—Min-
eral or energy leases on the outer Continental Shelf shall
be maintained or issued only under the provisions of this
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Act.’’.
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27. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GOLDEN
OF MAINE OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 202, line 24, strike ‘‘; and’’ and insert a semicolon.
Page 203, line 2, strike the semicolon and insert ‘‘; and’’.
Page 203, after line 2, insert the following:
(iv) biomass systems with an efficiency of 60 percent
or greater;
Page 203, line 8, strike ‘‘; or’’ and insert a semicolon.
Page 203, line 11, strike the period at the end and insert ‘‘; or’’.
Page 203, after line 11, insert the following:
(F) to provide thermal energy to meet heating and cool-
ing loads and for industrial processes.
Page 716, line 21, insert ‘‘, including the potential use of biomass
CHP systems’’ before the semicolon.
Page 717, line 1, insert ‘‘biomass CHP,’’ after ‘‘technologies,’’.
Page 717, line 6, insert ‘‘and communities’’ after ‘‘organizations’’.
Page 717, line 10, insert ‘‘, communities,’’ after ‘‘companies’’.
Page 821, line 15, insert ‘‘biomass,’’ after ‘‘wind,’’.
Page 824, line 23, insert ‘‘biomass,’’ after ‘‘hydropower,’’.
28. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GRAVES
OF LOUISIANA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 236, line 4, strike ‘‘and’’.
Page 236, after line 4, insert the following:
(ii) the ability to domestically source necessary crit-
ical mineral necessary for solar production; and
Page 236, line 5, strike ‘‘(ii)’’ and insert ‘‘(iii)’’.
29. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GRAVES
OF LOUISIANA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 707, line 3, after ‘‘cost-competitive’’ insert ‘‘, including in de-
veloping economies’’.
30. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GRAVES
OF LOUISIANA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 466, line 23, after ‘‘program’’ insert ‘‘including increases or
decreases in net imports of critical minerals as a result of activities
carried out under this section’’.
31. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HAALAND
OF NEW MEXICO OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 391, line 10, strike ‘‘or’’.
Page 391, line 12, strike ‘‘entities;’’ and insert ‘‘entities; or’’.
Page 391, after line 12 insert:
(E) that does not require extraction of uranium or devel-
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opment of uranium from lands managed by the Federal
Government, cause harm to the natural or cultural re-
sources of Tribal communities or sovereign Native Nations,
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73
or result in degraded ground or surface water quality on
publicly managed or privately owned lands;
32. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HAALAND
OF NEW MEXICO OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 4, in the table of contents, after the matter relating to sec-
tion 2562, insert the following:
PART 5—ENERGY EFFICIENCY AND RENEWABLE ENERGY RESEARCH AND
DEVELOPMENT
Sec. 2571. Authorization of appropriations.
Page 241, strike lines 21 through 25 and insert the following:
(1) $441,000,000 for fiscal year 2021;
(2) $463,050,000 for fiscal year 2022;
(3) $486,202,500 for fiscal year 2023;
(4) $510,512,625 for fiscal year 2024; and
(5) $536,038,257 for fiscal year 2025.
Page 254, strike lines 4 through 8 and insert the following:
(1) $163,800,000 for fiscal year 2021;
(2) $171,990,000 for fiscal year 2022;
(3) $180,589,500 for fiscal year 2023;
(4) $189,618,975 for fiscal year 2024; and
(5) $199,099,923 for fiscal year 2025.
Page 275, strike lines 4 through 8 and insert the following:
‘‘(1) $182,062,500 for fiscal year 2021;
‘‘(2) $199,125,000 for fiscal year 2022;
‘‘(3) $216,187,500 for fiscal year 2023;
‘‘(4) $225,750,000 for fiscal year 2024; and
‘‘(5) $227,812,500 for fiscal year 2025.’’.
Strike page 295, line 23, through page 296, line 18, and insert
the following:
‘‘(1) $229,125,000 for fiscal year 2021, including $168,870,000
for marine energy and $60,255,000 for hydropower research,
development, and demonstration activities;
‘‘(2) $236,517,450 for fiscal year 2022, including $174,454,800
for marine energy and $62,062,650 for hydropower research,
development, and demonstration activities;
‘‘(3) $244,187,873 for fiscal year 2023, including $180,263,343
for marine energy and $63,924,530 for hydropower research,
development, and demonstration activities;
‘‘(4) $252,147,209 for fiscal year 2024, including $186,304,944
for marine energy and $65,842,265 for hydropower research,
development, and demonstration activities; and
‘‘(5) $260,406,837 for fiscal year 2025, including $192,589,304
for marine energy and $67,817,533 for hydropower research,
development, and demonstration activities.’’.
Page 299, after line 8, insert the following:
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74
PART 5—ENERGY EFFICIENCY AND RENEW-
ABLE ENERGY RESEARCH AND DEVELOP-
MENT
SEC. 2571. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of En-
ergy or their designee to carry out research, development, dem-
onstration, and commercial application activities under the Office
of Energy Efficiency and Renewable Energy—
(1) $3,228,500,000 for fiscal year 2021;
(2) $3,250,775,500 for fiscal year 2022;
(3) $3,291,488,750 for fiscal year 2023;
(4) $3,334,238,188 for fiscal year 2024; and
(5) $3,379,125,097 for fiscal year 2025.
33. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HARDER
OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Redesignate section 12606 as section 12607.
Insert after section 12605 the following new section:
SEC. 12606. WILDFIRE HAZARD SEVERITY MAPPING FOR ELECTRIC
TRANSMISSION AND DISTRIBUTION INFRASTRUCTURE.
(a) MAP REQUIRED.—Not later than 2 years after the date of the
enactment of this section, the Secretary of Energy shall—
(1) use the most recent LANDFIRE data to generate a
geospatial map for the conterminous United States that depicts
wildfire risk to electric utilities that—
(A) manage electric transmission infrastructure or
rights-of-ways on public lands; and
(B) maintain equipment that is at risk of igniting or
being impacted by wildland fire; and
(2) disseminate the information generated under paragraph
(1) in an appropriate format for use by electric utilities in order
to—
(A) improve understanding of wildfire risk;
(B) identify areas and assets at the highest risk;
(C) prioritize infrastructure maintenance and vegetation
management;
(D) identify opportunities for energy storage and
microgrid projects; and
(E) develop plans for regular and emergency access to
manage and mitigate wildfire risk.
(b) CONSULTATION.—In carrying out subsection (a), the Secretary
of Energy shall consult with—
(1) the Secretary of Agriculture, acting through the Chief of
the Forest Service;
(2) the Secretary of the Interior;
(3) the Administrator of the Federal Emergency Manage-
ment Agency;
(4) other appropriate Federal agencies;
(5) States;
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(6) relevant colleges, universities, and institutions of higher
education with relevant expertise; and
(7) other entities, as appropriate.
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75
(c) ELECTRIC UTILITY DEFINED.—In this section, the term ‘‘elec-
tric utility’’ means—
(1) a rural electric cooperative;
(2) a political subdivision of a State, such as a municipally
owned electric utility, or any agency, authority, corporation, or
instrumentality of one or more State political subdivisions; and
(3) an investor-owned utility.
34. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HARDER
OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 891, line 12, insert ‘‘(as defined in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a)))’’ after ‘‘edu-
cation’’.
Page 891, line 15, insert ‘‘, outreach, and community engage-
ment,’’ after ‘‘research’’.
Page 891, line 16, insert ‘‘, including the health of outdoor work-
ers,’’ after ‘‘public health’’.
Page 891, after line 20, insert the following (and redesignate the
subsequent subparagraph accordingly):
(B) PRIORITY.—In selecting institutions of higher edu-
cation at which to establish a center under subparagraph
(A), the Administrator shall give priority to institutions
that—
(i) have established expertise or dedicated centers
for air quality research;
(ii) have experience with relevant outreach and ex-
tension work;
(iii) have established relationships with relevant
Federal, State, and local agencies, community organi-
zations, and Indian Tribes; and
(iv) are located in an area that is economically or en-
vironmentally impacted by wildfire smoke.
Page 893, line 18, strike ‘‘require.’’ and insert ‘‘require, which
shall include plans to collaborate with a public institution of higher
education or other research institution that—’’.
Page 893, after line 18, insert the following:
(A) has established expertise or dedicated centers for air
quality research;
(B) has experience with relevant outreach and extension
work;
(C) has established relationships with relevant Federal,
State, and local agencies, community organizations, and
Indian Tribes; and
(D) is located in an area that is economically or environ-
mentally impacted by wildfire smoke.
35. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HAYES OF
CONNECTICUT OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 536, lines 1 through 15, amend subsection (e) to read as fol-
lows:
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(e) AUTHORIZATION OF APPROPRIATIONS.—Subsection (f), as redes-
ignated, of section 741 of the Energy Policy Act of 2005 (42 U.S.C.
16091) is amended to read as follows:
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76
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to the Administrator to carry out this section, to
remain available until expended, $130,000,000 for each of fiscal
years 2021 through 2025, of which—
‘‘(1) not less than $100,000,000 for each such fiscal year shall
be used for awards under this section to eligible recipients pro-
posing to replace school buses with zero-emission school buses;
and
‘‘(2) not less than $52,000,000 for each such fiscal year shall
be used for awards under this section to eligible recipients pro-
posing to replace or retrofit school buses to serve a community
of color, indigenous community, low-income community, or any
community located in an air quality area designated pursuant
to section 107 of the Clean Air Act (42 U.S.C. 7407) as non-
attainment.’’.
36. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HAYES OF
CONNECTICUT OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 9, after the item relating to section 12606, insert the fol-
lowing:
Sec. 12607. Affirming Protections for Children and Workers.
At the end of subtitle F of Title XII, add the following:
SEC. 12607. AFFIRMING PROTECTIONS FOR CHILDREN AND WORKERS.
Nothing in this Act shall be construed to affect the safety and
wellbeing of children in the carrying out of projects, programs, and
other applicable items in this Act nor to undermine or affect the
enforcement of laws relating to protections against child labor and
forced labor, including—
(1) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.);
(2) title 29, subtitle B, chapter V, Subchapter A, Part 570,
the Child Labor Regulations, Orders, and Statements of Inter-
pretation;
(3) article 3 of the International Labor Organization Conven-
tion concerning the prohibition and immediate action for the
elimination of the worst forms of child labor (December 2,
2000), or in violation of human rights;
(4) number 182 of the International Labor Organization Con-
vention, entitled ‘‘Worst Forms of Child Labour Convention’’
(1999);
(5) number 105 of the International Labor Organization Con-
vention, entitled ‘‘Abolition of Forced Labour Convention’’
(1957);
(6) applicable trade laws, including trade preference pro-
grams, trade agreements and Section 307 of the Tariff Act of
1930; and
(7) Executive Order 13126, dated June 12, 1999, (entitled
‘‘Prohibition of Acquisition of Products Produced by Forced or
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Indentured Child Labor’’).
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77
37. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HUFFMAN
OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
At the end of subtitle B of title II, add the following:
SEC. 2208. KLAMATH HYDROELECTRIC SETTLEMENT AGREEMENT
TRIBAL FAIRNESS.
(a) DEFINITIONS.—In this section:
(1) FACILITY.—The term ‘‘facility’’ means 1 or more of the fol-
lowing hydropower facilities (including appurtenant works li-
censed to PacifiCorp) within the jurisdictional boundary of the
Klamath Hydroelectric Project, FERC Project No. 2082 (as ap-
plicable):
(A) Iron Gate Dam.
(B) Copco No. 1 Dam.
(C) Copco No. 2 Dam.
(D) J.C. Boyle Dam.
(2) COMMISSION.—The term ‘‘Commission’’ means the Fed-
eral Energy Regulatory Commission.
(3) HARMED INDIAN TRIBES.—The term ‘‘harmed Indian
Tribes’’ means—
(A) the Klamath Tribes; and
(B) such other Indian Tribes that are located down-
stream of the Klamath Hydroelectric Project.
(4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ has the meaning
given the term ‘‘Indian tribe’’ in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(5) LICENSEE.—The term ‘‘licensee’’ means the owner and li-
censee of the facility (as of the date of enactment of this Act).
(b) IN GENERAL.—In light of the specific facts and circumstances
of the Klamath Hydroelectric Settlement Agreement that antici-
pated dam removal to commence in 2020, and to mitigate the his-
toric and ongoing damages caused by the facility to aquatic and
Tribal trust resources, the Commission shall not issue any annual
license for the facility under section 15(a)(1) of the Federal Power
Act (16 U.S.C. 808(a)(1)) unless the Commission has provided
harmed Indian Tribes and the States of California and Oregon the
opportunity to recommend terms and conditions under section 4(e),
section 10, and section 18 of the Federal Power Act (16 U.S.C.
797(e), 803, and 811), including any conditions providing for
fishways or fish recovery.
(c) STUDIES.—Upon approval of an annual license pursuant to
subsection (b), the Commission shall require the licensee to provide
to the Commission the following:
(1) A study describing the impacts of the facility during the
previous year on instream flows, water use, water tempera-
ture, and water quality.
(2) A study describing the impacts of the facility during the
previous year on fish and wildlife resources, including river
fisheries, reservoir fisheries, anadromous fish, and any marine
species listed as a threatened species or endangered species
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
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seq.) including Southern Resident killer whales (Orcinus orca).
(3) A study describing the impacts of the facility during the
previous year on sediment transport.
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78
(4) A study forecasting the impacts of climate change to
power generation at the facility.
(5) A certification from the California Department of Water
Resources, Division of Safety of Dams, following one or more
comprehensive studies of the stability and safety of the facility
that are funded by the licensee, that each element of the facil-
ity meets all current Federal and State seismic, stability, and
safety standards and that there will be no significant risk of
dam failure during the term of the license.
(6) A report, to be made publicly available by the Commis-
sion, on the financial status of the facility, including—
(A) an analysis comparing the cost of power generated at
the facility to revenue attributable to the facility during
the preceding year;
(B) a projection of the cost of power generated at the fa-
cility and the revenue attributable to the facility during
the 5-year period beginning on the date of the license;
(C) an explanation of whether the financial terms of the
Klamath Hydroelectric Settlement Agreement, as amend-
ed, have been met; and
(D) a detailed description of the annual costs associated
with the facility that are passed through to the ratepayers
of the licensee.
(d) EXCEPTION.—The requirements of this section shall not apply
to any entity filing a surrender application as specified in the Com-
mission’s order relating to the facility dated July 16, 2020 (172
FERC 61,062).
(e) LEGAL CLAIMS.—Nothing in this section shall be construed to
adversely affect any legal claims of harmed Indian Tribes, includ-
ing claims for violations of any Executive Order pertaining to one
or more Indian Tribes, any treaty between the United States and
one or more Indian Tribes, or for damages caused by the facility
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
or the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et
seq.). Such claims shall not be limited by any statute of limitations.
38. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KUSTER
OF NEW HAMPSHIRE OR HER DESIGNEE, DEBATABLE FOR 10 MIN-
UTES
Page 823, line 21, strike ‘‘$20,000,000’’ and insert ‘‘$40,000,000’’.
39. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LAMB OF
PENNSYLVANIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 432, after line 15, insert the following:
Subtitle C—FUSION ENERGY RESEARCH
SEC. 4301. FUSION ENERGY RESEARCH.
(a) PROGRAM.—Section 307 of the Department of Energy Re-
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search and Innovation Act (42 U.S.C. 18645) is amended—
(1) by redesignating subsections (a) through (g) as sub-
sections (b) through (h), respectively;
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79
(2) by inserting before subsection (b), as so redesignated, the
following:
‘‘(a) PROGRAM.—As part of the activities authorized under section
209 of the Department of Energy Organization Act (42 U.S.C. 7139)
and section 972 of the Energy Policy Act of 2005 (42 U.S.C. 16312),
the Director shall carry out a fusion energy sciences research and
enabling technology development program to effectively address the
scientific and engineering challenges to building a cost competitive
fusion power plant and to establish a competitive fusion power in-
dustry in the United States. As part of this program, the Director
shall carry out research activities to expand the fundamental un-
derstandings of plasmas and matter at very high temperatures and
densities for fusion applications and for other plasma science appli-
cations.’’;
(3) by amending subsection (d) to read as follows:
‘‘(d) INERTIAL FUSION RESEARCH AND DEVELOPMENT.—
‘‘(1) IN GENERAL.—The Director shall carry out a program of
research and technology development in inertial fusion for en-
ergy applications, including ion beam, laser, and pulsed power
fusion systems.
‘‘(2) ACTIVITIES.—As part of the program described in para-
graph (1), the Director shall support activities at and partner-
ships with universities and the National Laboratories to—
‘‘(A) develop novel target designs;
‘‘(B) support modeling of various inertial fusion energy
concepts and systems;
‘‘(C) develop diagnostic tools; and
‘‘(D) improve inertial fusion energy driver technologies.
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—Out of funds au-
thorized to be appropriated under subsection (o), there are au-
thorized to be appropriated to the Secretary to carry out the
activities described in subsection (d)—
‘‘(A) $25,000,000 for fiscal year 2021;
‘‘(B) $26,250,000 for fiscal year 2022;
‘‘(C) $27,563,000 for fiscal year 2023;
‘‘(D) $28,941,000 for fiscal year 2024; and
‘‘(E) $30,377,000 for fiscal year 2025.’’;
(4) by amending subsection (e) to read as follows:
‘‘(e) ALTERNATIVE AND ENABLING CONCEPTS.—
‘‘(1) IN GENERAL.—The Director shall support research and
development activities and facility operations at institutions of
higher education, National Laboratories, and private facilities
in the United States for a portfolio of alternative and enabling
fusion energy concepts that may provide solutions to signifi-
cant challenges to the establishment of a commercial magnetic
fusion power plant, prioritized based on the ability of the
United States to play a leadership role in the international fu-
sion research community.
‘‘(2) ACTIVITIES.—Fusion energy concepts and activities ex-
plored under paragraph (1) may include—
‘‘(A) alternative fusion energy concepts, including—
‘‘(i) advanced stellarator concepts;
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‘‘(ii) non-tokamak confinement configurations oper-
ating at low magnetic fields;
‘‘(iii) magnetized target fusion energy concepts; or
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80
‘‘(iv) other promising fusion energy concepts identi-
fied by the Director;
‘‘(B) enabling fusion technology development activities,
including—
‘‘(i) high magnetic field approaches facilitated by
high temperature superconductors;
‘‘(ii) liquid metals to address issues associated with
fusion plasma interactions with the inner wall of the
encasing device; and
‘‘(iii) advanced blankets for heat management and
fuel breeding; and
‘‘(C) advanced scientific computing activities.
‘‘(3) INNOVATION NETWORK FOR FUSION ENERGY.—
‘‘(A) IN GENERAL.—The Secretary, acting through the Of-
fice of Science, shall support a program to provide fusion
energy researchers with access to scientific and technical
resources and expertise at facilities supported by the De-
partment, including such facilities at National Labora-
tories and universities, to advance innovative fusion en-
ergy technologies toward commercial application.
‘‘(B) AWARDS.—Financial assistance under the program
established in subsection (a) may be in the form of grants,
vouchers, equipment loans, or contracts to private entities.
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—Out of funds au-
thorized to be appropriated under subsection (o), there are au-
thorized to be appropriated to the Secretary to carry out the
activities described in subsection (e)—
‘‘(A) $100,000,000 for fiscal year 2021;
‘‘(B) $105,000,000 for fiscal year 2022;
‘‘(C) $110,250,000 for fiscal year 2023;
‘‘(D) $115,763,000 for fiscal year 2024; and
‘‘(E) $121,551,000 for fiscal year 2025.’’; and
(5) by adding at the end the following:
‘‘(i) MILESTONE-BASED DEVELOPMENT PROGRAM.—
‘‘(1) IN GENERAL.—Using the authority of the Secretary
under section 646(g) of the Department of Energy Organization
Act (42 U.S.C. 7256(g)), notwithstanding paragraph (10) of
such section, the Secretary shall establish, within 3 months of
enactment of this Act, a milestone-based fusion energy develop-
ment program that requires projects to meet particular tech-
nical milestones before a participant is awarded funds by the
Department.
‘‘(2) PURPOSE.—The purpose of the program established by
paragraph (1) shall be to support the development of a U.S.-
based fusion power industry through the research and develop-
ment of technologies that will enable the construction of new
full-scale fusion systems capable of demonstrating significant
improvements in the performance of such systems, as defined
by the Secretary, within 10 years of the enactment of this Act.
‘‘(3) ELIGIBILITY.—Any entity is eligible to participate in the
program provided that the Under Secretary has deemed it as
having the necessary resources and expertise.
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‘‘(4) REQUIREMENTS.—In carrying out the milestone-based
program under paragraph (1), the Secretary shall, for each rel-
evant project—
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81
‘‘(A) request proposals from eligible entities, as deter-
mined by the Secretary, that include proposed technical
milestones, including estimated project timelines and total
costs;
‘‘(B) set milestones based on a rigorous technical review
process;
‘‘(C) award funding of a predetermined amount to
projects that successfully meet proposed milestones under
paragraph (1), or for expenses deemed reimbursable by the
Secretary, in accordance with terms negotiated for an indi-
vidual award; and
‘‘(D) communicate regularly with selected eligible enti-
ties and, if the Secretary deems appropriate, exercise small
amounts of flexibility for technical milestones as projects
mature.
‘‘(5) AWARDS.—For the program established under paragraph
(1)—
‘‘(A) an award recipient shall be responsible for all costs
until milestones are achieved, or reimbursable expenses
are reviewed and verified by the Department; and
‘‘(B) should an awardee not meet the milestones de-
scribed in paragraph (4), the Secretary may end the part-
nership with an award recipient and use the remaining
funds in the ended agreement for new or existing projects
carried out under this section.
‘‘(6) APPLICATIONS.—Any project proposal submitted to the
program under paragraph (1) shall be evaluated based upon its
scientific, technical, and business merits through a peer-review
process, which shall include reviewers with appropriate exper-
tise from the private sector, the investment community, and
experts in the science and engineering of fusion and plasma
physics.
‘‘(7) PROJECT MANAGEMENT.—In carrying out projects under
this program and assessing the completion of their milestones
in accordance with paragraph (4), the Secretary shall consult
with experts that represent diverse perspectives and profes-
sional experiences, including those from the private sector, to
ensure a complete and thorough review.
‘‘(8) PROGRAMMATIC REVIEW.—Not later than 4 years after
the Secretary has established 3 milestones under this program,
the Secretary shall enter into a contractual arrangement with
the National Academy of Sciences to review and provide a re-
port describing the findings of this review to the House Com-
mittee on Science, Space, and Technology and the Senate Com-
mittee on Energy and Natural Resources on the program es-
tablished under this paragraph (1) that assesses—
‘‘(A) the benefits and drawbacks of a milestone-based fu-
sion program as compared to traditional program structure
funding models at the Department;
‘‘(B) lessons-learned from program operations; and
‘‘(C) any other matters the Secretary determines regard-
ing the program.
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‘‘(9) ANNUAL REPORT.—As part of the annual budget request
submitted for each fiscal year, the Secretary shall provide the
House Committee on Science, Space, and Technology and the
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82
Senate Committee on Energy and Natural Resources a report
describing partnerships supported by the program established
under paragraph (1) during the previous fiscal year.
‘‘(10) AUTHORIZATIONS FOR APPROPRIATIONS.—Out of funds
authorized to be appropriated under subsection (o), there are
authorized to be appropriated to the Secretary to carry out the
activities described in subsection (i), to remain available until
expended—
‘‘(A) $45,000,000 for fiscal year 2021;
‘‘(B) $110,000,000 for fiscal year 2022;
‘‘(C) $140,000,000 for fiscal year 2023;
‘‘(D) $110,000,000 for fiscal year 2024; and
‘‘(E) $45,000,000 for fiscal year 2025.
‘‘(j) FUSION REACTOR SYSTEM DESIGN.—The Director shall sup-
port research and development activities to design future fusion re-
actor systems and examine and address the technical drivers for
the cost of these systems.
‘‘(k) GENERAL PLASMA SCIENCE AND APPLICATIONS.—The Director
shall support research in general plasma science and high energy
density physics that advance the understanding of the scientific
community of fundamental properties and complex behavior of
matter to control and manipulate plasmas for a broad range of ap-
plications, including support for research relevant to advancements
in chip manufacturing and microelectronics.
‘‘(l) SENSE OF CONGRESS.—It is the sense of Congress that the
United States should support a robust, diverse program in addition
to providing sufficient support to, at a minimum, meet its commit-
ments to ITER and maintain the schedule of the project as deter-
mined by the Secretary in coordination with the ITER Organization
at the time of the enactment of this Act. It is further the sense of
Congress that developing the scientific basis for fusion, providing
research results key to the success of ITER, and training the next
generation of fusion scientists are of critical importance to the
United States and should in no way be diminished by participation
of the United States in the ITER project.
‘‘(m) INTERNATIONAL COLLABORATION.—The Director shall—
‘‘(1) as practicable and in coordination with other appropriate
Federal agencies as necessary, ensure the access of United
States researchers to the most advanced fusion research facili-
ties and research capabilities in the world, including ITER;
‘‘(2) to the maximum extent practicable, continue to leverage
United States participation ITER, and prioritize expanding
international partnerships and investments in current and fu-
ture fusion research facilities within the United States; and
‘‘(3) to the maximum extent practicable, prioritize engage-
ment in collaborative efforts in support of future international
facilities that would provide access to the most advanced fusion
research facilities in the world to United States researchers.
‘‘(n) FISSION AND FUSION RESEARCH COORDINATION REPORT.—
‘‘(1) IN GENERAL.—Not later than 6 months after the date of
enactment of this Act, the Secretary shall transmit to Congress
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a report addressing opportunities for coordinating fusion en-
ergy research and development activities between the Office of
Nuclear Energy and the Office of Science.
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‘‘(2) COMPONENTS.—The report shall assess opportunities for
collaboration on research and development of—
‘‘(A) liquid metals to address issues associated with fu-
sion plasma interactions with the inner wall of the encas-
ing device and other components within the reactor;
‘‘(B) immersion blankets for heat management and fuel
breeding;
‘‘(C) technologies and methods for instrumentation and
control;
‘‘(D) computational methods and codes for system oper-
ation and maintenance;
‘‘(E) codes and standard development;
‘‘(F) radioactive waste handling;
‘‘(G) radiological safety;
‘‘(H) potential for non-electricity generation applications;
and
‘‘(I) any other overlapping priority as identified by the
Director of the Office of Science or the Assistant Secretary
of Energy for Nuclear Energy.
‘‘(3) IMPLEMENTATION.—The Secretary shall implement the
recommendations made by the report directed in this section
upon transmission of the report to Congress.
‘‘(o) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary to carry out the activities de-
scribed in this section—
‘‘(1) $976,000,000 for fiscal year 2021;
‘‘(2) $1,033,000,000 for fiscal year 2022;
‘‘(3) $1,104,000,000 for fiscal year 2023;
‘‘(4) $1,181,000,000 for fiscal year 2024; and
‘‘(5) $1,264,000,000 for fiscal year 2025.’’.
(b) ITER.—Section 972(c) of the Energy Policy Act of 2005 (42
U.S.C. 16312) is amended to read as follows:
‘‘(c) UNITED STATES PARTICIPATION IN ITER.—
‘‘(1) IN GENERAL.—There is authorized United States partici-
pation in the construction and operations of the ITER project,
as agreed to under the April 25, 2007 ‘Agreement on the Estab-
lishment of the ITER International Fusion Energy Organiza-
tion for the Joint Implementation of the ITER Project’. The Di-
rector shall coordinate and carry out the responsibilities of the
United States with respect to this Agreement.
‘‘(2) REPORT.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall submit to Congress a re-
port providing an assessment of the most recent schedule for
ITER that has been approved by the ITER Council.
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—Out of funds au-
thorized to be appropriated under section 307(o) of the Depart-
ment of Energy Research and Innovation Act (42 U.S.C.
18645), there shall be made available to the Secretary to carry
out the construction of ITER—
‘‘(A) $374,000,000 for fiscal year 2021; and
‘‘(B) $300,000,000 for each of fiscal years 2022 through
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2025.’’.
Page 5, in the table of contents, after the matter related to sub-
title B of title IV, insert the following:
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Subtitle C—Fusion Energy Research
Sec. 4301. Fusion energy research
40. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LAMB OF
PENNSYLVANIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 426, add after line 14 the following (and redesignate subse-
quent subsections accordingly):
‘‘(d) MILESTONE-BASED DEMONSTRATION PROJECTS.—The Sec-
retary may carry out demonstration projects under subsection (c)
as a milestone-based demonstration project under section 8304 of
the Clean Economy Jobs and Innovation Act.’’.
41. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LAMB OF
PENNSYLVANIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 4, after the item relating to section 2562, insert the fol-
lowing:
Sec. 2563. Produced water research and development program.
Sec. 2564. Produced water demonstration program.
Page 299, after line 8, insert the following:
SEC. 2563. PRODUCED WATER RESEARCH AND DEVELOPMENT PRO-
GRAM.
(a) ESTABLISHMENT.—As soon as possible after the date of enact-
ment of this Act, the Secretary of Energy shall establish a research
and development program on produced water to develop—
(1) new technologies and practices to reduce the environ-
mental impact; and
(2) opportunities for reprocessing of produced water at nat-
ural gas or oil development sites.
(b) PRIORITIZATION.—The Secretary shall give priority to projects
that develop and bring to market—
(1) effective systems for on-site management or repurposing
of produced water; and
(2) new technologies or approaches to reduce the environ-
mental impact of produced water on local water sources and
the environment.
(c) CONDUCT OF PROGRAM.—In carrying out the program de-
scribed in subsection (a), the Secretary shall carry out science-
based research and development activities to pursue—
(1) improved efficiency, technologies, and techniques for pro-
duced water recycling stations; and
(2) B. alternative approaches to treating, reusing, storing, or
decontaminating produced water.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to
be appropriated for purposes of this section $10,000,000 for each of
fiscal years 2020 through 2025.
SEC. 2564. PRODUCED WATER DEMONSTRATION PROGRAM.
(a) ESTABLISHMENT.—The Secretary of Energy shall establish a
demonstration program for on-site treatment of produced water.
(b) REQUIREMENTS.—In developing the demonstration program
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under this section, the Secretary shall consult with the heads of
other relevant Federal departments and agencies, including the De-
partment of the Interior and the Environmental Protection Agency.
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85
(c) PRIORITIZATION.—In carrying out this section, the Secretary
should prioritize—
(1) first-of-a-kind or new approaches to treating produced
water stationed on site; and
(2) technologies that can be used at natural gas or oil devel-
opment sites to reduce other environmental harm either
through emissions or other environmental impact.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to
be appropriated for purposes of this section $10,000,000 for each of
fiscal years 2020 through 2025.
42. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LARSEN
OF WASHINGTON OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
At the end of subtitle F of title XII, add the following:
SEC. 2. STUDY ON CERTAIN CLIMATE CHANGE MITIGATION EFFORTS.
(a) IN GENERAL.—Not later than 90 days after the date of enact-
ment of this Act, the Secretary of Transportation shall seek to
enter into an agreement with the National Academies of Sciences,
Engineering, and Medicine (referred to in this section as the ‘‘Na-
tional Academies’’) to conduct a study on climate change mitigation
efforts with respect to the civil aviation and aerospace industries.
(b) STUDY CONTENTS.—In conducting the study under subsection
(a), the National Academies shall—
(1) identify climate change mitigation efforts, including ef-
forts relating to emerging technologies, in the civil aviation
and aerospace industries;
(2) develop and apply an appropriate indicator for assessing
the effectiveness of such efforts;
(3) identify gaps in such efforts;
(4) identify barriers preventing expansion of such efforts; and
(5) develop recommendations with respect to such efforts.
(c) REPORTS.—
(1) FINDINGS OF STUDY.—Not later than 1 year after the date
on which the Secretary enters into an agreement for a study
pursuant to subsection (a), the Secretary shall submit to the
appropriate congressional committees the findings of the study.
(2) ASSESSMENT.—Not later than 180 days after the date on
which the Secretary submits the findings pursuant to para-
graph (1), the Secretary, acting through the Administrator of
the Federal Aviation Administration, shall submit to the ap-
propriate congressional committees a report that contains an
assessment of the findings.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to the Secretary to carry out this section
$1,500,000.
(e) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means the Committee
on Transportation and Infrastructure of the House of Rep-
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resentatives, the Committee on Commerce, Science, and Trans-
portation of the Senate, and other congressional committees
determined appropriate by the Secretary.
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86
(2) CLIMATE CHANGE MITIGATION EFFORTS.—The term ‘‘cli-
mate change mitigation efforts’’ means efforts, including the
use of technologies, materials, processes, or practices, that con-
tribute to the reduction of greenhouse gas emissions.
43. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LEE OF
NEVADA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Amend subtitle C of title II to read as follows:
Subtitle C—Distributed Renewable Energy
SEC. 2301. DEFINITIONS.
In this subtitle:
(1) AUTHORITY HAVING JURISDICTION.—The term ‘‘authority
having jurisdiction’’ means any State, county, local, or Tribal
office or official with jurisdiction—
(A) to issue permits;
(B) to conduct inspections to enforce the requirements of
a relevant code or standard; or
(C) to approve the installation of, or the equipment and
materials used in the installation of, qualifying distributed
energy systems.
(2) DISTRIBUTED ENERGY SYSTEM INSTALLER.—The term ‘‘dis-
tributed energy system installer’’ means an entity or indi-
vidual—
(A) with knowledge and skills relating to—
(i) the construction and operation of the equipment
used in qualifying distributed energy systems; and
(ii) the installation of qualifying distributed energy
systems; and
(B) that has employed safety training to recognize and
avoid the hazards involved in constructing, operating, and
installing qualifying distributed energy systems.
(3) QUALIFYING DISTRIBUTED ENERGY SYSTEM.—The term
‘‘qualifying distributed energy system’’ means any equipment
or materials installed in, on, or near a residential, commercial,
or industrial building to support onsite or local energy use, in-
cluding—
(A) to generate electricity from distributed renewable en-
ergy sources, including from—
(i) solar photovoltaic modules or similar solar energy
technologies;
(ii) wind power systems; and
(iii) hydrogen electrolysis and fuel cell systems;
(B) to store and discharge electricity from batteries with
a capacity of at least 2 kilowatt hours;
(C) to charge a plug-in electric drive vehicle at a power
rate of at least 2 kilowatts;
(D) to refuel a fuel cell electric vehicle; or
(E) to generate electricity from fuel cell systems with a
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capacity of at least 2 kilowatt hours.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Energy.
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87
SEC. 2302. ESTABLISHMENT OF PROGRAM TO FACILITATE VOL-
UNTARY STREAMLINED PROCESS FOR LOCAL PERMIT-
TING OF QUALIFYING DISTRIBUTED ENERGY SYSTEMS.
(a) IN GENERAL.—Not later than 180 days after the date of enact-
ment of this Act, the Secretary, in consultation with trade associa-
tions and other entities representing distributed energy system in-
stallers and organizations representing State, local, and Tribal gov-
ernments engaged in permitting, shall establish and carry out a
program to establish a voluntary streamlined permitting process
for local permitting and inspection of qualifying distributed energy
systems, in concert with relevant national consensus-based codes
and specifications and standards referenced therein.
(b) ACTIVITIES OF THE PROGRAM.—In carrying out the program
established under subsection (a), the Secretary shall—
(1) facilitate the development and maintenance of a stream-
lined permitting process that includes a national online permit-
ting platform for expediting, standardizing, and streamlining
permitting, that authorities having jurisdiction may use to re-
ceive, review, and approve permit applications relating to
qualifying distributed energy systems;
(2) establish a model expedited permit-to-build protocol for
qualifying distributed energy systems;
(3) provide technical assistance to authorities having juris-
diction on using and adopting—
(A) the streamlined permitting process described in
paragraph (1); and
(B) the model expedited permit-to-build protocol de-
scribed in paragraph (2);
(4) develop and maintain a voluntary national inspection
protocol integrated with the national online permitting system
described in paragraphs (1) and (2) and related tools to expe-
dite, standardize, and streamline the inspection of qualifying
distributed energy systems, including—
(A) by investigating the potential for using remote in-
spections; and
(B) by investigating the potential for sample-based in-
spection for distributed energy system installers with a
demonstrated track record of high-quality work; and
(5) take any other action to expedite, standardize, stream-
line, or improve the process for permitting, inspecting, or inter-
connecting qualifying distributed energy systems.
(c) SUPPORT SERVICES.—The Secretary shall—
(1) provide technical assistance to authorities having juris-
diction, any administrator of a national online permitting plat-
form, government software providers, and any other entity de-
termined appropriate by the Secretary in carrying out the ac-
tivities described in subsection (b); and
(2) provide such financial assistance as the Secretary deter-
mines appropriate from any funds appropriated to carry out
this subtitle.
SEC. 2303. DISTRIBUTED ENERGY OPPORTUNITY COMMUNITIES.
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(a) IN GENERAL.—The Secretary shall recognize and certify cer-
tain communities as ‘‘Distributed Energy Opportunity Commu-
nities’’.
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88
(b) QUALIFICATIONS.—The Secretary may certify a State, local
community, or Tribe as a ‘‘Distributed Energy Opportunity Com-
munity’’ if that State, local community, or Tribe has adopted and
implemented the model expedited permit-to-build protocol estab-
lished under the program established under section 2302.
(c) PROCESS.—The Secretary may confer a certification under
subsection (a) through existing programs of the Department of En-
ergy.
(d) GRANTS.—The Secretary may award competitive grants, using
funds appropriated to the Secretary to carry out this subtitle, to en-
courage communities to adopt the model expedited permit-to-build
protocol and the standardized inspection process established under
the program established under section 2302.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to carry
out this subtitle $20,000,000 for each of fiscal years 2021 through
2025.
44. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LEVIN OF
MICHIGAN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 543, line 5, strike ‘‘or’’ at the end.
Page 543, after line 5, insert the following:
(B) a community in which climate change, pollution, or
environmental destruction have exacerbated systemic ra-
cial, regional, social, environmental, and economic injus-
tices by disproportionately affecting indigenous peoples,
communities of color, migrant communities,
deindustrialized communities, depopulated rural commu-
nities, the poor, low-income workers, women, the elderly,
the unhoused, people with disabilities, or youth; or
Page 543, line 6, strike ‘‘(B)’’ and insert ‘‘(C)’’.
Page 544, line 17, strike ‘‘equipment.’’ and insert ‘‘equipment, in-
cluding accessibility in compliance with the Americans with Dis-
abilities Act of 1990 (42 U.S.C. 12101 et seq.).’’.
Page 546, line 14, strike ‘‘and’’ at the end.
Page 546, after line 14, insert the following:
(v) an identification of any existing electric vehicle
supply equipment that—
(I) is available to the public for a minimum of
12 hours per day; and
(II) is not further than 50 miles from the global
positioning system location identified under clause
(iii); and
Page 546, line 15, strike ‘‘(v)’’ and insert ‘‘(vi)’’.
Page 561, beginning on line 6, strike ‘‘electric vehicles nation-
wide;’’ and insert ‘‘electric vehicles nationwide, taking into consid-
eration range anxiety and the location of charging infrastructure to
ensure an electric vehicle can travel throughout the United States
without losing a charge;’’.
Page 567, line 23, strike ‘‘including commercial vehicles; and’’
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and insert ‘‘including commercial vehicles, to an extent that such
electric vehicles can travel throughout the State without running
out of a charge; and’’.
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Page 567, line 24, strike ‘‘electric grid’’ and insert ‘‘electric grid,
including through the use of renewable energy sources to power the
electric grid,’’.
45. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LEVIN OF
MICHIGAN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 830, after line 5, insert the following:
PART 3—MEASURING GREEN COLLAR JOB
DEVELOPMENT
SEC. 12121. MEASURING GREEN JOBS.
(a) IN GENERAL.—The Secretary of Labor, in consultation with
the Secretary of Energy, and acting through the Bureau of Labor
Statistics, where appropriate, shall collect and analyze labor mar-
ket data to track workforce trends resulting from renewable energy
and energy efficiency technology initiatives carried out under this
section. Activities carried out under this section shall include the
following:
(1) Tracking and documentation of academic and occupa-
tional competencies as well as future skill needs with respect
to renewable energy and energy efficiency technology.
(2) Tracking and documentation of occupational information
and workforce training data with respect to renewable energy
and energy efficiency technology.
(3) Collaborating with State agencies, workforce investments
boards, industry, organized labor, and community and non-
profit organizations to disseminate information on successful
innovations for labor market services and worker training with
respect to renewable energy and energy efficiency technology.
(4) Serving as a clearinghouse for best practices in workforce
development, job placement and collaborative training partner-
ships.
(5) Encouraging the establishment of workforce training ini-
tiatives with respect to renewable energy and energy efficiency
technologies.
(6) Linking research and development in renewable energy
and energy efficiency technology with the development of
standards and curricula for current and future jobs.
(7) Assessing new employment and work practices including
career ladder and upgrade training as well as high perform-
ance work systems.
(8) Providing technical assistance and capacity building to
national and State energy partnerships, including industry and
labor representatives.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to
be appropriated to carry out this section $10,000,000 for each fiscal
years 2021 through 2025.
Page 9, after the matter relating to section 12113, insert the fol-
lowing:
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PART 3—MEASURING GREEN COLLAR JOB DEVELOPMENT
Sec. 12121. Measuring green jobs
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90
46. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LEVIN OF
CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Redesignate section 12606 as section 12608.
Page 894, after line 6, insert the following new sections:
SEC. 12606. WILDFIRE SMOKE EMISSIONS MODELING AND FORE-
CASTING IMPROVEMENT PROGRAM.
(a) IN GENERAL.—The Administrator of the National Oceanic and
Atmospheric Administration, in collaboration with other Federal
agencies and such academic entities as the Administrator considers
appropriate, shall maintain a program to improve wildfire smoke
emissions modeling and develop smoke forecasts.
(b) GOAL.—The goal of the program under subsection (a) shall be
to develop and extend accurate wildfire smoke forecasts and im-
pact-based decision support services in order to reduce loss of life,
injury, and damage to the economy with a focus on—
(1) improving modeling of wildfire smoke emissions, trans-
port, mixing, and chemical transformations through advanced
modeling approaches;
(2) developing and disseminating smoke forecasts; and
(3) incorporating risk communication research in developing
smoke forecasts and fire weather warning products.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to the Administrator of the National Oceanic and
Atmospheric Administration to carry out this section $20,000,000
for each of fiscal years 2021 through 2025.
SEC. 12607. EXPOSURE TO WILDFIRE SMOKE AND AIR POLLUTION.
(a) IMPACTS OF ACUTE EXPOSURE TO WILDIFRE SMOKE AND
COVID–19.—The Administrator of the Environmental Protection
Agency, in coordination with the Director of the Centers for Dis-
ease Control and Prevention, and other Federal agencies as appro-
priate, shall coordinate data collection and epidemiological analysis
of the impacts of acute air pollution exposure from wildfires in the
context of the COVID–19 pandemic.
(b) CHRONIC AIR POLLUTION EXPOSURE.—The Administrator of
the Environmental Protection Agency, acting through the Assistant
Administrator for Research and Development, shall coordinate with
academic institutions and other research organizations to conduct
research to estimate the impacts of chronic exposure to air pollut-
ants, and other pertinent variables, in the context of responding to
the COVID–19 pandemic.
47. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LIPINSKI
OF ILLINOIS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 9, after the item relating to item section 12606, add the fol-
lowing:
Sec. 12607. Low-Dose-Radiation Research
At the end of subtitle F of title XII, add the following:
SEC. 12607. LOW-DOSE-RADIATION RESEARCH.
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Section 306(c) of the Department of Energy Research and Inno-
vation Act (42 U.S.C. 18644(c)) is amended to read as follows:
‘‘(c) LOW-DOSE-RADIATION RESEARCH PROGRAM.—
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91
‘‘(1) IN GENERAL.—The Secretary shall carry out a research
program on low-dose and low dose-rate radiation to—
‘‘(A) enhance the scientific understanding of, and reduce
uncertainties associated with, the effects of exposure to
low-dose and low dose-rate radiation; and
‘‘(B) inform improved risk-assessment and risk-manage-
ment methods with respect to such radiation.
‘‘(2) PROGRAM COMPONENTS.—In carrying out the program re-
quired under paragraph (1), the Secretary shall—
‘‘(A) support and carry out the directives under section
106 of the American Innovation and Competitiveness Act
(42 U.S.C. 6601 note), with respect to low dose and low-
dose rate radiation research, in coordination with the
Physical Science Subcommittee of the National Science
and Technology Council;
‘‘(B) identify and, to the extent possible, quantify, poten-
tial monetary and health-related impacts to Federal agen-
cies, the general public, industry, research communities,
and other users of information produced by such research
program;
‘‘(C) leverage the collective body of knowledge from prior
and existing low-dose and low dose-rate radiation research;
‘‘(D) engage with other Federal agencies, research com-
munities, and potential users of information produced
under this section, including institutions performing or uti-
lizing radiation research, medical physics, radiology,
health physics, and emergency response measures; and
‘‘(E) support education and outreach activities to dis-
seminate information and promote public understanding of
low-dose radiation, with a focus on non-emergency situa-
tions such as medical physics, space exploration, and natu-
rally occurring radiation.
‘‘(3) RESEARCH PLAN.—
‘‘(A) NATIONAL ACADEMY OF SCIENCES.—Not later than
90 days after the date of enactment of this Act, the Sec-
retary shall enter into an agreement with the National
Academy of Sciences to develop a long-term strategic and
prioritized research agenda for the program described in
paragraph (2);
‘‘(B) CONGRESS.—Not later than 18 months after the
date of enactment of this Act, the Secretary shall submit
the research plan developed under subparagraph (A) to the
Committee on Science, Space, and Technology of the House
of Representatives and the Committee on Energy and Nat-
ural Resources of the Senate.
‘‘(4) PROGRAM EVALUATION.—
‘‘(A) INDEPENDENT EXTERNAL ENTITY.—Not later than 3
years after the date of enactment of this Act, and every 2
years thereafter, the Secretary shall enter into agreements
with an independent external entity to perform a program
evaluation.
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‘‘(B) CONGRESS.—The Secretary shall submit the pro-
gram evaluations performed under subparagraph (A) to
the Committee on Science, Space, and Technology of the
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92
House of Representatives and the Committee on Energy
and Natural Resources of the Senate.
‘‘(5) DEFINITIONS.—In this subsection:
‘‘(A) LOW-DOSE RADIATION.—The term ‘low-dose radi-
ation’ means a radiation dose of less than 100
millisieverts.
‘‘(B) LOW DOSE-RATE RADIATION.—The term ‘low dose-
rate radiation’ means a radiation dose rate of less than 5
millisieverts per hour.
‘‘(6) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed to subject any research carried out by the
Secretary for the program under this subsection to any limita-
tions described in section 977(e) of the Energy Policy Act of
2005 (42 U.S.C. 16317(e)).
‘‘(7) FUNDING.—There are authorized to be appropriated to
the Secretary to carry out the program under this subsection—
‘‘(A) $20,000,000 for fiscal year 2021;
‘‘(B) $30,000,000 for fiscal year 2022;
‘‘(C) $40,000,000 for fiscal year 2023; and
‘‘(D) $50,000,000 for fiscal year 2024.’’.
48. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LOEBSACK
OF IOWA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Add at the end of part 3 of subtitle A of title I the following:
SEC. 1122. GRANTS FOR ENERGY EFFICIENCY IMPROVEMENTS AND
RENEWABLE ENERGY IMPROVEMENTS AT PUBLIC
SCHOOL FACILITIES.
(a) DEFINITIONS.—In this section:
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a
consortium of—
(A) one local educational agency; and
(B) one or more—
(i) schools;
(ii) nonprofit organizations;
(iii) for-profit organizations; or
(iv) community partners that have the knowledge
and capacity to partner and assist with energy im-
provements.
(2) ENERGY IMPROVEMENTS.—The term ‘‘energy improve-
ments’’ means—
(A) any improvement, repair, or renovation, to a school
that will result in a direct reduction in school energy costs
including but not limited to improvements to building en-
velope, air conditioning, ventilation, heating system, do-
mestic hot water heating, compressed air systems, dis-
tribution systems, lighting, power systems and controls;
(B) any improvement, repair, renovation, or installation
that leads to an improvement in teacher and student
health including but not limited to indoor air quality,
daylighting, ventilation, electrical lighting, and acoustics;
and
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(C) the installation of renewable energy technologies
(such as wind power, photovoltaics, solar thermal systems,
geothermal energy, hydrogen-fueled systems, biomass-
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93
based systems, biofuels, anaerobic digesters, and hydro-
power) involved in the improvement, repair, or renovation
to a school.
(b) AUTHORITY.—From amounts made available for grants under
this section, the Secretary of Energy shall provide competitive
grants to eligible entities to make energy improvements authorized
by this section.
(c) PRIORITY.—In making grants under this section, the Secretary
shall give priority to eligible entities that have renovation, repair,
and improvement funding needs and are—
(1) a high-need local educational agency, as defined in sec-
tion 2102 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6602); or
(2) a local educational agency designated with a metrocentric
locale code of 41, 42, or 43, as determined by the National Cen-
ter for Education Statistics (NCES), in conjunction with the
Bureau of the Census, using the NCES system for classifying
local educational agencies.
(d) COMPETITIVE CRITERIA.—The competitive criteria used by the
Secretary shall include the following:
(1) The fiscal capacity of the eligible entity to meet the needs
for improvements of school facilities without assistance under
this section, including the ability of the eligible entity to raise
funds through the use of local bonding capacity and otherwise.
(2) The likelihood that the local educational agency or eligi-
ble entity will maintain, in good condition, any facility whose
improvement is assisted.
(3) The potential energy efficiency and safety benefits from
the proposed energy improvements.
(e) APPLICATIONS.—To be eligible to receive a grant under this
section, an applicant must submit to the Secretary an application
that includes each of the following:
(1) A needs assessment of the current condition of the school
and facilities that are to receive the energy improvements.
(2) A draft work plan of what the applicant hopes to achieve
at the school and a description of the energy improvements to
be carried out.
(3) A description of the applicant’s capacity to provide serv-
ices and comprehensive support to make the energy improve-
ments.
(4) An assessment of the applicant’s expected needs for oper-
ation and maintenance training funds, and a plan for use of
those funds, if any.
(5) An assessment of the expected energy efficiency and safe-
ty benefits of the energy improvements.
(6) A cost estimate of the proposed energy improvements.
(7) An identification of other resources that are available to
carry out the activities for which funds are requested under
this section, including the availability of utility programs and
public benefit funds.
(f) USE OF GRANT AMOUNTS.—
(1) IN GENERAL.—The recipient of a grant under this section
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shall use the grant amounts only to make the energy improve-
ments contemplated in the application, subject to the other
provisions of this subsection.
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94
(2) OPERATION AND MAINTENANCE TRAINING.—The recipient
may use up to 5 percent for operation and maintenance train-
ing for energy efficiency and renewable energy improvements
(such as maintenance staff and teacher training, education,
and preventative maintenance training).
(3) AUDIT.—The recipient may use funds for a third-party in-
vestigation and analysis for energy improvements (such as en-
ergy audits and existing building commissioning).
(4) CONTINUING EDUCATION.—The recipient may use up to 1
percent of the grant amounts to develop a continuing education
curriculum relating to energy improvements.
(g) CONTRACTING REQUIREMENTS.—
(1) DAVIS-BACON.—Any laborer or mechanic employed by any
contractor or subcontractor in the performance of work on any
energy improvements funded by a grant under this section
shall be paid wages at rates not less than those prevailing on
similar construction in the locality as determined by the Sec-
retary of Labor under subchapter IV of chapter 31 of title 40,
United States Code (commonly referred to as the Davis-Bacon
Act).
(2) COMPETITION.—Each applicant that receives funds shall
ensure that, if the applicant carries out repair or renovation
through a contract, any such contract process—
(A) ensures the maximum number of qualified bidders,
including small, minority, and women-owned businesses,
through full and open competition; and
(B) gives priority to businesses located in, or resources
common to, the State or the geographical area in which
the project is carried out.
(h) REPORTING.—Each recipient of a grant under this section
shall submit to the Secretary, at such time as the Secretary may
require, a report describing the use of such funds for energy im-
provements, the estimated cost savings realized by those energy
improvements, the results of any audit, the use of any utility pro-
grams and public benefit funds and the use of performance track-
ing for energy improvements (such as the Department of Energy:
Energy Star program or LEED for Existing Buildings).
(i) BEST PRACTICES.—The Secretary shall develop and publish
guidelines and best practices for activities carried out under this
section.
(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to carry out this section $100,000,000 for each of
fiscal years 2021 through 2025.
49. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE
LOWENTHAL OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10
MINUTES
Page 894, after line 15, add the following:
SEC. 12607. ONLINE PUBLICATION OF GREENHOUSE GAS EMISSIONS.
(a) IN GENERAL.—The Secretary of the Interior shall make freely
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available on a public website, with respect to the previous year—
(1) information that describes for each fossil fuel operation
that is subject to the mineral leasing laws or title III or V of
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95
the Federal Land Policy and Management Act of 1976 (30
U.S.C. 1761 et seq.), regardless of size, including production,
storage, gathering, processing, transportation, and handling
operations—
(A) the aggregate amount of each fossil fuel, by type and
by State, produced on Federal leases; and
(B) for gas reported, the portion and source of such
amount that was released or disposed of by each of vent-
ing, flaring, and fugitive release; and
(2) information that describes the amount and sources of en-
ergy, in delivered megawatt hours, produced from operating
solar, wind, and geothermal projects on public lands under
lease for the production of renewable energy.
(b) FORMAT.—Information made available under this section
shall be presented in a format that—
(1) translates such amounts and portions into emissions of
metric tons of greenhouse gases expressed in carbon dioxide
equivalent using both the 20-year and 100-year Global Warm-
ing Potential-weighted emission values;
(2) for energy produced from solar, wind, and geothermal
projects, includes an estimate of the net emissions that would
result from production of the same amount of energy from new
fossil fuel-fired facilities; and
(3) can be downloaded in a machine readable format.
(c) DATA PUBLICATION FREQUENCY.—The data made available
under this section shall be updated at least annually.
50. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LUCAS OF
OKLAHOMA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
At the end of subtitle F of title XII, add the following:
SEC. 126ll. SENSE OF CONGRESS.
It is the sense of Congress that in order to reduce emissions and
meet 100 percent of the power demand in the United States
through clean, renewable, or zero emission energy sources while
maintaining United States leadership in science and technology,
the Secretary of Energy must prioritize funding for critical funda-
mental research infrastructure and for basic research and develop-
ment activities carried out through the Office of Science.
51. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LUCAS OF
OKLAHOMA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
At the end of subtitle F of title XII, add the following:
SEC. 126ll. SENSE OF CONGRESS.
It is the sense of Congress that in order to reduce global emis-
sions and meet 100 percent of the power demand in the United
States through clean, renewable, or zero emission energy sources
while maintaining U.S. competitiveness in science and technology,
the United States must prioritize investment in domestic energy
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sources and supply chains, as well as investment in the research
and development of exportable next-generation energy technologies.
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96
52. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LUJÁN OF
NEW MEXICO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
After section 2401 insert the following:
SEC. 2402. ESTABLISHMENT OF COMMUNITY SOLAR PROGRAMS.
(a) IN GENERAL.—Section 111(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at
the end the following:
‘‘(21) COMMUNITY SOLAR PROGRAMS.—Each electric utility
shall offer a community solar program that provides all rate-
payers, including low-income ratepayers, equitable and demon-
strable access to such community solar program. For the pur-
poses of this paragraph, the term ‘community solar program’
means a service provided to any electric consumer that the
electric utility serves through which the value of electricity
generated by a community solar facility may be used to offset
charges billed to the electric consumer by the electric utility.
A ‘community solar facility’ is—
‘‘(A) a solar photovoltaic system that allocates electricity
to multiple electric consumers of an electric utility;
‘‘(B) connected to a local distribution of the electric util-
ity;
‘‘(C) located either on or off the property of the electric
consumers; and
‘‘(D) may be owned by an electric utility, an electric con-
sumer, or a third party.’’.
(b) COMPLIANCE.—
(1) TIME LIMITATIONS.—Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended
by adding at the end the following:
‘‘(8)(A) Not later than 1 year after the date of enactment of
this paragraph, each State regulatory authority (with respect
to each electric utility for which the State has ratemaking au-
thority) and each nonregulated electric utility shall commence
consideration under section 111, or set a hearing date for con-
sideration, with respect to the standard established by para-
graph (21) of section 111(d).
‘‘(B) Not later than 2 years after the date of enactment of
this paragraph, each State regulatory authority (with respect
to each electric utility for which the State has ratemaking au-
thority), and each nonregulated electric utility shall complete
the consideration and make the determination under section
111 with respect to the standard established by paragraph (21)
of section 111(d).’’.
(2) FAILURE TO COMPLY.—
(A) IN GENERAL.—Section 112(c) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is
amended—
(i) by striking ‘‘such paragraph (14)’’ and all that fol-
lows through ‘‘paragraphs (16)’’ and inserting ‘‘such
paragraph (14). In the case of the standard established
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by paragraph (15) of section 111(d), the reference con-
tained in this subsection to the date of enactment of
this Act shall be deemed to be a reference to the date
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97
of enactment of that paragraph (15). In the case of the
standards established by paragraphs (16)’’; and
(ii) by adding at the end the following: ‘‘In the case
of the standard established by paragraph (21) of sec-
tion 111(d), the reference contained in this subsection
to the date of enactment of this Act shall be deemed
to be a reference to the date of enactment of that para-
graph (21).’’.
(B) TECHNICAL CORRECTION.—
(i) IN GENERAL.—Section 1254(b) of the Energy Pol-
icy Act of 2005 (Public Law 109–58; 119 Stat. 971) is
amended—
(I) by striking paragraph (2); and
(II) by redesignating paragraph (3) as para-
graph (2).
(ii) TREATMENT.—The amendment made by para-
graph (2) of section 1254(b) of the Energy Policy Act
of 2005 (Public Law 109–58; 119 Stat. 971) (as in ef-
fect on the day before the date of enactment of this
Act) is void, and section 112(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(d))
shall be in effect as if those amendments had not been
enacted.
(3) PRIOR STATE ACTIONS.—
(A) IN GENERAL.—Section 112 of the Public Utility Regu-
latory Policies Act of 1978 (16 U.S.C. 2622) is amended by
adding at the end the following:
‘‘(h) PRIOR STATE ACTIONS.—Subsections (b) and (c) shall not
apply to the standard established by paragraph (21) of section
111(d) in the case of any electric utility in a State if, before the
date of enactment of this subsection—
‘‘(1) the State has implemented for the electric utility the
standard (or a comparable standard);
‘‘(2) the State regulatory authority for the State or the rel-
evant nonregulated electric utility has conducted a proceeding
to consider implementation of the standard (or a comparable
standard) for the electric utility; or
‘‘(3) the State legislature has voted on the implementation of
the standard (or a comparable standard) for the electric util-
ity.’’.
(B) CROSS-REFERENCE.—Section 124 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2634) is amend-
ed by adding at the end the following: ‘‘In the case of the
standard established by paragraph (21) of section 111(d),
the reference contained in this subsection to the date of
enactment of this Act shall be deemed to be a reference to
the date of enactment of that paragraph (21).’’.
Page 562, line 3, strike ‘‘(21)’’ and insert ‘‘(22)’’.
Page 563, line 18, strike ‘‘(8)’’ and insert ‘‘(9)’’.
Page 563, line 25, strike ‘‘(21)’’ and insert ‘‘(22)’’.
Page 564, line 8, strike ‘‘(21)’’ and insert ‘‘(22)’’.
Page 564, line 14, strike ‘‘(21)’’ and insert ‘‘(22)’’.
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Page 564, line 22, strike ‘‘(h)’’ and insert ‘‘(i)’’.
Page 564, line 24, strike ‘‘(21)’’ and insert ‘‘(22)’’.
Page 565, line 20, strike ‘‘(21)’’ and insert ‘‘(22)’’.
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98
Page 565, line 24, strike ‘‘(21)’’ and insert ‘‘(22)’’.
53. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCNER-
NEY OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MIN-
UTES
Page 46, after line 3, insert the following:
PART 4—NATIONAL INSTITUTE OF STANDARDS
AND TECHNOLOGY
SEC. 1122. RESEARCH FOR EFFECTIVENESS AND STANDARDS.
The Director of the National Institute of Standards and Tech-
nology shall—
(1) collect data following wildfires in the wildland-urban
interface related to the influence of building materials on
structural fires and how wind, terrain, and moisture affect
wildland fires; and
(2) contribute to the scientific basis for analyzing economic
outcomes of wildland-urban interface fire mitigation by con-
ducting research on and developing metrics for the—
(A) relative contribution of moisture, weather, terrain,
and infrastructure;
(B) losses and erosion of the forest floor resulting from
wildfires in the wildland urban interface; and
(C) the performance of current designs, materials, and
technologies used for—
(i) residential structures;
(ii) public and Federal government buildings;
(iii) electric grid infrastructure; and
(iv) other critical infrastructure.
54. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE
MUCARSEL-POWELL OF FLORIDA OR HER DESIGNEE, DEBATABLE
FOR 10 MINUTES
Page 475, after line 13, insert the following:
‘‘(g) UNDERGROUND TRANSMISSION AND DISTRIBUTION LINES.—In
carrying out the program under subsection (a), the Secretary shall
support research and development on underground transmission
and distribution lines. This shall include research on—
‘‘(1) methods for lowering the costs of underground trans-
mission and distribution lines, including through novel instal-
lation techniques and materials considerations;
‘‘(2) techniques to improve the lifespan of underground trans-
mission and distribution lines;
‘‘(3) wireless sensors to improve safety of underground trans-
mission and distribution lines and to predict, identify, detect,
and transmit information about degradation and faults; and
‘‘(4) methods for improving the resilience and reliability of
underground transmission and distribution lines, including by
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mitigating the impact of flooding, storm surge, and seasonal
climate cycles on degradation of and damage to underground
transmission and distribution lines.’’.
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Page 475, line 14, strike ‘‘(g)’’ and insert ‘‘(h)’’.
Page 476, line 1, strike ‘‘(h)’’ and insert ‘‘(i)’’.
Page 476, line 4, strike ‘‘(i)’’ and insert ‘‘(j)’’.
55. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE NOR-
CROSS OF NEW JERSEY OR HIS DESIGNEE, DEBATABLE FOR 10
MINUTES
At the end of subtitle H of title I, add the following:
SEC. 1806. REBATE PROGRAM FOR ENERGY EFFICIENT
ELECTROTECHNOLOGIES.
(a) DEFINITIONS.—In this section:
(1) ENERGY EFFICIENT ELECTROTECHNOLOGY.—The term ‘‘en-
ergy efficient electrotechnology’’ means—
(A) any electric technology that, when used instead of a
fossil fuel-fired technology in an industrial process results
in—
(i) energy efficiency, or production efficiency, gains;
or
(ii) environmental benefits; or
(B) any electric technology that, when used instead of a
fossil fuel-fired technology in an industrial application re-
sults in—
(i) improvements in on-site logistics or material han-
dling; and
(ii) energy efficiency gains and environmental bene-
fits.
(2) QUALIFIED ENTITY.—The term ‘‘qualified entity’’ means an
industrial or manufacturing facility, commercial building, or a
utility or energy service company.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Energy.
(b) ESTABLISHMENT.—Not later than 90 days after the date of en-
actment of this Act, the Secretary shall establish a program to pro-
vide rebates in accordance with this section.
(c) REBATES.—The Secretary may provide a rebate under the pro-
gram established under subsection (b) to the owner or operator of
a qualified entity for expenditures made by the owner or operator
of the qualified entity for an energy efficient electrotechnology that
is used to replace a fossil fuel-fired technology.
(d) REQUIREMENTS.—To be eligible to receive a rebate under this
section, the owner or operator of a qualified entity shall submit to
the Secretary an application demonstrating—
(1) that the owner or operator of the qualified entity pur-
chased an energy efficient electrotechnology;
(2) the energy efficiency gains, production efficiency gains,
and environmental benefits, as applicable, resulting from use
of the energy efficient electrotechnology—
(A) as measured by a qualified professional or verified by
the energy efficient electrotechnology manufacturer, as ap-
plicable; or
(B) as determined by the Secretary;
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(3) that the fossil fuel-fired technology replaced by the en-
ergy efficient electrotechnology has been permanently decom-
missioned and scrapped; and
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100
(4) that all laborers and mechanics who were involved in the
installation or maintenance, or construction or renovation to
support such installation or maintenance, of the energy effi-
cient electrotechnology, or the decommissioning and scrapping
of the fossil fuel-fired technology replaced by the energy effi-
cient electrotechnology, and who were employed by the owner
or operator of the qualified entity, or contractors or subcontrac-
tors at any tier thereof, were paid wages at rates not less than
those prevailing on projects of a character similar in the local-
ity as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code
(commonly referred to as the ‘‘Davis-Bacon Act’’).
(e) LIMITATION.—The Secretary may not provide a rebate under
the program established under subsection (b) to an owner or oper-
ator of a qualified entity for expenditures made by the owner or op-
erator of the qualified entity for an energy efficient
electrotechnology that is used to replace a fossil fuel-fired tech-
nology if the Secretary determines that such expenditures were
necessary for the owner or operator to comply with Federal or
State law.
(f) AUTHORIZED AMOUNT OF REBATE.—The amount of a rebate
provided under this section shall be not less than 30 percent, and
not more than 50 percent, of the overall cost of the energy efficient
electrotechnology, including installation costs.
(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to carry out this section $100,000,000 for each of
fiscal years 2021 through 2025.
56. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE NOR-
CROSS OF NEW JERSEY OR HIS DESIGNEE, DEBATABLE FOR 10
MINUTES
Page 36, line 5, strike ‘‘and’’ at the end.
Page 36, strike line 13, and insert ‘‘(including multifamily build-
ings); and’’.
Page 36, after line 13, insert the following:
‘‘(F) to make an addition or alteration to, or to install,
replace, or provide maintenance to, an air filtration and
purification system of an HVAC system to meet exigencies
related to the airborne epidemic transmissions of SARS–
4CoV–2 or coronavirus disease 2019 (COVID–19).’’.
Page 37, line 1, strike ‘‘(e)’’ and insert ‘‘(f)’’.
Page 36, after line 25, insert the following:
‘‘(e) PREVAILING WAGES.—All laborers and mechanics employed
by contractors or subcontractors in the performance of construction,
alteration, or repair work assisted, in whole or in part, by a grant
under this section shall be paid wages at rates not less than those
prevailing on similar construction in the locality as determined by
the Secretary of Labor in accordance with subchapter IV of chapter
31 of title 40. With respect to the labor standards in this sub-
section, the Secretary of Labor shall have the authority and func-
tions set forth in Reorganization Plan Numbered 14 of 1950 (64
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Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40.’’.
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101
57. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE OCASIO-
CORTEZ OF NEW YORK OR HER DESIGNEE, DEBATABLE FOR 10
MINUTES
Strike section 3109.
58. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE
O’HALLERAN OF ARIZONA OR HIS DESIGNEE, DEBATABLE FOR 10
MINUTES
Add at the end of subtitle F of title XII the following:
SEC. 12607. RURAL AND REMOTE COMMUNITIES ELECTRIFICATION
GRANTS.
(a) IN GENERAL.—Section 609 of the Public Utility Regulatory
Policies Act (7 U.S.C. 918c) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘or municipality’’ and
inserting ‘‘, municipality, or Indian Tribe’’;
(B) in paragraph (5), by striking ‘‘10,000’’ and inserting
‘‘20,000’’; and
(C) by adding at the end the following:
‘‘(6) The term ‘economically distressed community’ means a
unit of local government, an Indian Tribe, or a political sub-
division thereof, that is significantly impacted by the closure
occurring on or after January 1, 2010, of an electric generating
station that primarily consumes coal as a fuel source, including
by the loss of—
‘‘(A) employment directly from or associated with the
electric generating station, including an associated mine;
‘‘(B) tax revenue, lease payments, or royalties directly
from or associated with the electric generating station; or
‘‘(C) access to affordable energy.’’;
(2) in subsection (b), by inserting ‘‘or economically distressed
communities’’ after ‘‘rural areas’’ each place it appears; and
(3) in subsection (d)—
(A) by striking ‘‘$20,000,000’’ and inserting
‘‘$50,000,000’’; and
(B) by striking ‘‘2006 through 2012’’ and inserting ‘‘2021
through 2025’’.
59. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE
O’HALLERAN OF ARIZONA OR HIS DESIGNEE, DEBATABLE FOR 10
MINUTES
Add at the end of subtitle F of title XII the following:
SEC. 12607. COAL COMMUNITY RESOURCE CLEARINGHOUSE.
(a) ESTABLISHMENT.—Not later than 180 days after the date of
enactment of this Act, the Secretary of Energy shall publish, main-
tain, and make publicly available a clearinghouse, to be known as
the ‘‘Coal Community Resource Clearinghouse’’, on the website of
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the Department of Energy for the purpose of increasing awareness
of Federal and State programs, grants, loans, loan guarantees, and
other assistance resources the Secretary determines will assist eco-
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102
nomic development activities in economically distressed commu-
nities.
(b) PERIODIC UPDATES.—In carrying out subsection (a), the Sec-
retary shall, not less frequently than once per calendar year, up-
date the Coal Community Resource Clearinghouse to address
changes to the needs of economically distressed communities.
(c) ECONOMICALLY DISTRESSED COMMUNITY DEFINED.—The term
‘‘economically distressed community’’ means a unit of local govern-
ment, an Indian Tribe, or a political subdivision thereof, that is sig-
nificantly impacted by the closure occurring on or after January 1,
2010, of an electric generating station that primarily consumes coal
as a fuel source, including by the loss of—
(1) employment directly from or associated with the electric
generating station, including an associated mine;
(2) tax revenue, lease payments, or royalties directly from or
associated with the electric generating station; or
(3) access to affordable energy.
60. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE OMAR OF
MINNESOTA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Add at the end of title XII the following:
Subtitle G—Zeroing Excess, Reducing Or-
ganic Waste, and Sustaining Technical
Expertise
SEC. 12701. GRANT PROGRAM.
(a) IN GENERAL.—The Administrator shall establish and carry
out a program to award grants, on a competitive basis, to eligible
entities for projects that are consistent with zero-waste practices.
(b) GRANT USE.—
(1) ORGANICS RECYCLING INFRASTRUCTURE.—An eligible enti-
ty receiving a grant under this subtitle may use grant funds
to carry out a project relating to organics recycling infrastruc-
ture, including facilities, machinery, equipment, and other
physical necessities required for organics collection or proc-
essing on a city-wide or county-wide scale, provided that—
(A) implementation of such project—
(i) results in increased capacity for residential and
commercial source separated organics streams; and
(ii) generates a usable product that has demon-
strable environmental benefits when compared to the
input materials, such as compost with added nutri-
tional content; and
(B) such project does not include mixed-waste
composting.
(2) ELECTRONIC WASTE REUSE AND RECYCLING.—An eligible
entity receiving a grant under this subtitle may use grant
funds to carry out a project relating to electronic waste reuse
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or recycling, including infrastructure and technology, research
and development, and product refurbishment, provided that
such project—
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103
(A) does not include an electronic waste ‘‘buy-back’’ pro-
gram that provides compensation for used electronics
where such compensation is applied as a credit toward the
purchase of additional electronics; and
(B) is carried out by an organization certified in sustain-
able electronic waste standards by an organization accred-
ited by the National Accreditation Board of the American
National Standards Institute & The American Society of
Quality, or another accrediting body as determined appro-
priate by the Administrator.
(3) SOURCE REDUCTION.—An eligible entity receiving a grant
under this subtitle may use grant funds to carry out a project
relating to source reduction, and such project may include—
(A) educational programming and outreach activities to
encourage behavioral changes in consumers that result in
source reduction; and
(B) product or manufacturing redesign or redevelopment
to reduce byproducts, packaging, and other outputs if—
(i) the applicable manufacturer—
(I) is domestically-owned and operated; and
(II) pays a living wage; and
(ii) the redevelopment or redesign does not result in
higher toxicity of the product or byproducts, more com-
plicated recyclability of the product or byproducts, or
increased volume of byproducts compared with the
original practice.
(4) MARKET DEVELOPMENT.—An eligible entity receiving a
grant under this subtitle may use grant funds to carry out a
project relating to market development with respect to source
reduction and waste prevention, including by creating demand
for sorted recyclable commodities and refurbished goods and
promoting domestically-owned and operated manufacturing for
projects relating to source reduction or waste prevention, pro-
vided that such project—
(A) targets easily or commonly recycled materials which
are disproportionately disposed of in landfills or inciner-
ated;
(B) addresses the reduction of the volume, weight, or
toxicity of waste and waste byproducts; and
(C) does not conflict with—
(i) minimum-content laws, such as post-consumer re-
cycled content requirements;
(ii) beverage container deposits;
(iii) programs funded through retail fees for specific
products or classes of products that use such fees to
collect, treat, or recycle such products; or
(iv) any applicable recycled product procurement
laws and expanded sustainable government pur-
chasing requirements, as identified by the Adminis-
trator.
SEC. 12702. GRANT AWARDS.
(a) APPLICATION.—
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(1) CRITERIA FOR ALL APPLICANTS.—To be eligible to receive
a grant under this subtitle, an eligible entity shall submit to
the Administrator an application at such time and in such
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104
form as the Administrator requires, demonstrating that the eli-
gible entity—
(A) has set specific source reduction or waste prevention
targets;
(B) will carry out such project in communities that are
in the 80th percentile or higher for one or more pollutants
as noted in the EJSCREEN tool, or any successor system,
of the Environmental Protection Agency; and
(C) will carry out a project that meets the applicable
project requirements under section 12701(b).
(2) ADDITIONAL APPLICATION CRITERIA FOR NONPROFIT ORGA-
NIZATION.—In the case of an application from an eligible entity
that is a nonprofit organization, the application shall include
a letter of support for the proposed project—
(A) from—
(i) a local unit of government; or—
(ii) a nonprofit organization that—
(I) has a demonstrated history of undertaking
work in the geographic region where the proposed
project is to take place; and
(II) is not involved in the project being proposed;
and
(B) containing such information as the Administrator
may require.
(b) PRIORITY FACTORS.—
(1) IN GENERAL.—In awarding grants under this subtitle, the
Administrator shall give priority to eligible entities that—
(A) have statutorily committed to implementing zero-
waste practices;
(B) demonstrate how the project to be carried out with
grant funds could lead to the creation of new jobs that pay
a living wage, with preference for projects that create jobs
for individuals with barriers to employment, as determined
by the Administrator;
(C) will use grant funds for source reduction or waste
prevention in schools;
(D) will use grant funds to employ adaptive management
practices to identify, prevent, or address any negative en-
vironmental consequences of the proposed project;
(E) have a demonstrated need for additional investment
in infrastructure and projects to achieve source reduction
and waste prevention targets set by the local unit of gov-
ernment that is responsible for waste and recycling
projects in the geographic area;
(F) will use grant funds to develop innovative or new
technologies and strategies for source reduction and waste
prevention;
(G) demonstrate how receiving the grant will encourage
further investment in source reduction and waste preven-
tion projects; or
(H) will incorporate multi-stakeholder involvement, in-
cluding nonprofit, commercial, and public sector partners,
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in carrying out a project using grant funds.
(2) ZERO-WASTE HIERARCHY.—In determining priority be-
tween multiple eligible entities who qualify for priority under
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105
paragraph (1), the Administrator shall grant first priority to an
eligible entity that can demonstrate how the zero-waste hier-
archy was considered with respect to the project to be carried
out with grant funds.
SEC. 12703. REPORTING.
An eligible entity receiving a grant under this subtitle shall re-
port to the Administrator, at such time and in such form as the Ad-
ministrator may require, on the results of the project carried out
with grant funds and any relevant data requested by the Adminis-
trator to track the effectiveness of the program established under
section 12701(a).
SEC. 12704. ANNUAL CONFERENCE.
In each of calendar years 2022 through 2027, the Administrator
shall convene an annual conference for eligible entities, including
eligible entities that have received a grant under this subtitle, and
other stakeholders as identified by the Administrator, to provide an
opportunity for such eligible entities and stakeholders to share ex-
perience and expertise in implementing zero-waste practices.
SEC. 12705. DEFINITIONS.
In this subtitle:
(1) ADAPTIVE MANAGEMENT PRACTICES.—The term ‘‘adaptive
management practices’’ means, with respect to a project, the
integration of project design, management, and monitoring to
identify project impacts and outcomes as they arise and adjust
behaviors to improve outcomes.
(2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Environmental Protection Agency.
(3) DOMESTICALLY-OWNED AND OPERATED.—The term ‘‘domes-
tically-owned and operated’’ means, with respect to a business,
a business with—
(A) headquarters located within the United States; and
(B) primary operations carried out in the United States.
(4) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a single unit of State, local, or Tribal government;
(B) a consortium of multiple units of State, local, or Trib-
al government;
(C) one or more units of State, local, or Tribal govern-
ment in coordination with for-profit or nonprofit organiza-
tions; or
(D) one or more incorporated nonprofit organizations.
(5) EMBODIED ENERGY.—The term ‘‘embodied energy’’ means
energy that was used to create a product or material.
(6) LIVING WAGE.—The term ‘‘living wage’’ means the min-
imum income necessary to allow a person working 40 hours
per week to afford the cost of housing, food, and other material
necessities.
(7) ORGANICS RECYCLING.—The term ‘‘organics recycling’’
means the biological processes by which organics streams are
converted to compost which is not harmful to humans, plants,
or animals.
(8) RECYCLING.—The term ‘‘recycling’’—
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(A) means the mechanical processing of material that
has reached the end of its current use into material to be
used in the production of new products;
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106
(B) does not include incineration or any other energy re-
covery process; and
(C) does not include depolymerization or a similar proc-
ess.
(9) REUSE.—The term ‘‘reuse’’—
(A) means—
(i) using a product, packaging, or resource more
than once for the same or a new function with little
to no processing; or
(ii) repairing a product so it can be used longer,
sharing or renting it, or selling or donating it to an-
other party; and
(B) does not include incineration.
(10) SOURCE REDUCTION.—The term ‘‘source reduction’’—
(A) includes—
(i) activities that reduce consumption of products or
services that create physical outputs, such as pack-
aging, that is secondary to the intended use of the
item being consumed;
(ii) measures or techniques that reduce the amount
of waste generated during production processes; and
(iii) the reduction or elimination of the use of mate-
rials which are not able to be recycled without degrad-
ing the quality of the material; and
(B) does not include incineration.
(11) SOURCE SEPARATED.—The term ‘‘source separated’’—
(A) means the separation of a stream of recyclable mate-
rials at the point of waste creation before the materials are
collected and centralized; and
(B) does not include technologies that sort mixed munic-
ipal solid waste into recyclable and non-recyclable mate-
rials.
(12) WASTE PREVENTION.—The term ‘‘waste prevention’’ in-
cludes reuse, recycling, and other methods to reduce the
amount of materials disposed of in landfills or incinerated.
(13) ZERO-WASTE.—The term ‘‘zero-waste’’ means the con-
servation of all resources by means of responsible production,
consumption, reuse, and recovery of products, packaging, and
materials without burning or otherwise destroying embodied
energy, with no discharges to land, water, or air that threaten
the environment or human health.
(14) ZERO-WASTE PRACTICE.—The term ‘‘zero-waste practice’’
means a practice used to help achieve zero-waste, including
source reduction and waste prevention.
SEC. 12706. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Administrator to
carry out this subtitle $250,000,000 for the period of fiscal years
2021 through 2028.
61. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE OMAR OF
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MINNESOTA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Add at the end of subtitle F of title XII the following:
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107
SEC. 12607. REPORT ON FOSSIL FUEL SUBSIDIES.
The Secretary of the Treasury, in consultation with other rel-
evant departments and agencies, shall submit to Congress a report
that contains—
(1) an identification of any existing fossil fuel production sub-
sidies not eliminated by this Act, or the amendments made by
this Act; and
(2) a quantification of the economic costs of such subsidies.
62. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PANETTA
OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 521, after line 10, insert the following:
‘‘(h) CRITICAL INFRASTRUCTURE AND MICROGRID RESEARCH PRO-
GRAM.—The Secretary shall establish a research, development, and
demonstration program to improve the energy resilience of critical
infrastructure, including through the use of microgrids, during ex-
treme weather events including extreme heat and wildfires. This
program shall focus on developing technologies that—
‘‘(1) improve the energy resilience and meet the power needs
of critical infrastructure, including through the use of
microgrids, renewable energy, energy efficiency, and on-site
storage;
‘‘(2) improve the energy efficiency of critical infrastructure;
‘‘(3) decrease the size and cost of on-site backup generators
for critical infrastructure;
‘‘(4) provide on-site back-up power with renewable and low-
carbon liquid fuels; and
‘‘(5) ensure the safe power up and power down of critical in-
frastructure when necessary, as well as the transfer to backup
sources of power for uninterrupted electricity supply, including
the use of microgrids.’’.
Page 499, line 20, strike ‘‘and’’.
Page 499, line 21, insert ‘‘, and wildfires’’ after ‘‘disasters’’.
63. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PANETTA
OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 135, line 3, strike ‘‘and’’.
Page 135, line 14, strike the period and insert ‘‘; and’’.
Page 135, after line 14 insert the following new paragraph:
‘‘(6) to enhance or expand the use of materials that are re-
sistant to high heat and fire in dwellings occupied by low-in-
come persons in areas at risk from drought and wildfires.
Page 136, line 12, strike ‘‘and’’.
Page 136, line 17, insert ‘‘and’’ after the semicolon.
Page 136, after line 17 insert the following new subparagraph:
‘‘(E) implement measures to enhance health and safety
through use of materials that are resistant to high heat
and fire in areas at risk from drought and wildfires;
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108
64. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PERL-
MUTTER OF COLORADO OR HIS DESIGNEE, DEBATABLE FOR 10
MINUTES
Page 188, beginning on line 11, strike ‘‘direct use for heating or
cooling’’ and insert ‘‘consumption’’.
Page 188, beginning on line 15, strike ‘‘grid-enabled water heat-
ers’’ and insert ‘‘grid-enabled water heaters, building heaters or
coolers, electric vehicles, mini-pumped hydroelectric facilities, elec-
trolysis processes that make hydrogen for transportation or indus-
trial needs, or any other load shaping mechanism that includes en-
ergy storage’’.
Page 467, beginning on line 17, strike ‘‘direct use for heating or
cooling’’ and insert ‘‘consumption’’.
Page 467, beginning on line 21, strike ‘‘grid-enabled water heat-
ers’’ and insert ‘‘grid-enabled water heaters, building heaters or
coolers, electric vehicles, mini-pumped hydroelectric facilities, elec-
trolysis processes that make hydrogen for transportation or indus-
trial needs, or any other load shaping mechanism that includes en-
ergy storage’’.
65. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PETERS
OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
At the end of title III, add the following:
Subtitle D—Interagency Task Force on
Short-Lived Climate Pollutant Mitigation
SEC. 3401. INTERAGENCY TASK FORCE ON SHORT-LIVED CLIMATE
POLLUTANT MITIGATION.
(a) ESTABLISHMENT.—Not later than 90 days after the date of en-
actment of this Act, the President shall establish a task force, to
be known as the Interagency Task Force on Short-Lived Climate
Pollutant Mitigation.
(b) MEMBERSHIP.—The members of the Task Force shall include
the head (or a designee thereof) of each of—
(1) the Department of Agriculture;
(2) the Department of Commerce;
(3) the Department of Defense;
(4) the Department of Energy;
(5) the Department of Health and Human Services;
(6) the Department of the Interior;
(7) the Department of State;
(8) the Department of Transportation;
(9) the Environmental Protection Agency;
(10) the National Oceanic and Atmospheric Administration;
(11) the Council on Environmental Quality;
(12) the United States Agency for International Develop-
ment; and
(13) any other Federal agency the President determines ap-
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propriate.
(c) DUTIES.—The Task Force shall—
(1) review the policy recommendations made by—
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109
(A) the Intergovernmental Panel on Climate Change;
(B) the United States Climate Alliance;
(C) the Interagency Strategy to Reduce Methane Emis-
sions;
(D) the Council on Climate Preparedness and Resilience;
and
(E) the Clean Cooking Alliance;
(2) develop an action plan to reduce short-lived climate pol-
lutants that incorporates any appropriate proposals or rec-
ommendations made by the entities referred to in paragraph
(1) that are relevant to short-lived climate pollutants;
(3) identify any Federal program that is, or could be, rel-
evant to reducing short-lived climate pollutants—
(A) in the United States; or
(B) worldwide;
(4) identify overlapping and duplicative Federal programs
addressing short-lived climate pollutants that would benefit
from consolidation and streamlining;
(5) identify gaps and serious deficiencies in Federal pro-
grams targeted at short-lived climate pollutants, including
gaps and deficiencies that can be addressed through a com-
bination of assessment, scientific research, monitoring, and
technological development activities, with an emphasis on—
(A) industry standards; and
(B) public-private partnerships;
(6) in developing recommendations, consult with affected
stakeholders in private industry; and
(7) not later than 18 months after the date of enactment of
this Act, submit to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Envi-
ronment and Public Works of the Senate a report describing
the findings and recommendations resulting from the activities
described in paragraphs (1) through (6).
66. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PETERS
OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
At the end of title III, add the following:
Subtitle D—Black Carbon
SEC. 3401. REDUCTION OF BLACK CARBON EMISSIONS.
(a) COMPREHENSIVE PLAN.—
(1) IN GENERAL.—The Administrator of the Environmental
Protection Agency (in this section referred to as the ‘‘Adminis-
trator’’), in consultation with the Secretary of Energy, the Sec-
retary of State, the Secretary of Transportation, the Secretary
of Commerce, and the Commandant of the Coast Guard, shall
develop a comprehensive plan to reduce black carbon emissions
from ships based on appropriate emissions data from ocean-
going vessels. The plan shall provide for such reduction
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through—
(A) a clean freight partnership;
(B) limits on black carbon emissions; and
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110
(C) efforts that include protection of access to critical
fuel shipments and emergency needs of coastal commu-
nities.
(2) ROADMAP.—A principal objective of the plan developed
pursuant to paragraph (1) shall be the establishment, in co-
ordination with the Secretary of State, of a roadmap for help-
ing countries to reduce fine-particle (PM2.5) and black carbon
emissions in the shipping sector through—
(A) the installation of advanced emissions controls;
(B) the reduction of sulfur content in fuels; and
(C) the adoption of black carbon control policies.
(b) BLACK CARBON EMISSIONS REDUCTION GOALS.—The Adminis-
trator, in coordination with the Secretary of State, and other rel-
evant Federal agencies, shall—
(1) lead an effort to reduce black carbon through an Arctic-
wide aspirational black carbon goal; and
(2) encourage observers of the Arctic Council (including India
and China) to adopt mitigation plans consistent with the find-
ings and recommendations of the Arctic Council’s Framework
for Action on Black Carbon and Methane.
(c) CLIMATE AND CLEAN AIR COALITION.—The Administrator, in
coordination with the Secretary of State, is encouraged to work
with the Climate and Clean Air Coalition to Reduce Short-Lived
Climate Pollutants to craft specific financing mechanisms for the
incremental cost of international black carbon mitigation activities.
(d) BLACK CARBON MITIGATION ACTIVITIES.—
(1) PRIORITIZATION.—The Administrator of the United States
Agency for International Development, in cooperation with the
Administrator, shall—
(A) encourage black carbon mitigation activities as part
of official development assistance and programmatic activi-
ties;
(B) give special emphasis to projects that produce sub-
stantial environmental, gender, livelihood, and public
health benefits, including support for clean-burning cook-
stoves and fuels; and
(C) work with the Global Alliance for Clean Cookstoves
to help developing nations establish thriving markets for
clean and efficient cooking solutions.
(2) EMISSIONS REDUCTIONS.—The Secretary of State, in col-
laboration with the Administrator, the Secretary of Energy,
and the Secretary of Transportation, shall provide aid to inter-
national efforts to reduce black carbon emissions from diesel
trucks and ships, 2-stroke engines, diesel generators, and in-
dustrial processes by providing technical assistance—
(A) to help developing nations lower the sulfur content
of diesel fuels;
(B) to expand access to diesel particulate filters;
(C) to provide vehicle manufacturers with low- and zero-
emission engine designs;
(D) to deploy on-road, off-road, and shore-side infrastruc-
ture to support zero-emission engine technologies;
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(E) to develop other mitigation activities, including en-
ergy efficiency alternatives for generators and industrial
processes; and
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111
(F) to reduce ammonia emissions from agriculture.
67. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PETERS
OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Add after section 12606 the following:
SEC. 12607. PUBLICATION OF INTERCONNECTIONS SEAMS STUDY.
Not later than 30 days after the date of the enactment of this
Act, the Secretary of Energy shall submit to Congress and make
publicly available on the website of the Department a report on the
results of the Interconnections Seam Study conducted by the De-
partment.
Page 9, after the matter relating to section 12606, insert the fol-
lowing:
Sec. 12607. Publication of Interconnections Seams Study.
68. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PINGREE
OF MAINE OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 361, line 24, strike ‘‘and’’.
Page 362, line 2, strike the period and insert a semicolon.
Page 362, after line 2, insert the following:
‘‘(3) the activities described in subsection (a)(4), acting
through the Assistant Secretary for Fossil Energy in consulta-
tion with the Secretary of Agriculture; and
‘‘(4) the activities described in subsection (a)(5), acting
through the Assistant Secretary for Fossil Energy in consulta-
tion with the Secretary of Agriculture.’’.
69. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PINGREE
OF MAINE OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 243, lines 17 through 22, amend paragraph (3) to read as
follows:
(3) To reduce the cost and risk of siting, permitting, con-
struction, operation, maintenance, and decommissioning of
wind energy systems, including strategies and technologies to
reduce environmental and community impacts, including re-
search and development that reduces impacts on existing ocean
uses and increases coordination between offshore wind and ex-
isting users, including the commercial fishing industry, im-
prove grid integration, and reduce regulatory barriers.
70. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PLASKETT
OF VIRGIN ISLANDS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
At the end of title II, add the following subtitle:
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Subtitle G—Renewable Energy Grant
Program
SEC. 2701. RENEWABLE ENERGY GRANT PROGRAM.
(a) ESTABLISHMENT.—Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a renewable en-
ergy program (in this section referred to as the ‘‘program’’) under
which the Secretary may award grants to covered entities to facili-
tate projects, in territories of the United States, described in sub-
section (c).
(b) APPLICATIONS.—To be eligible for a grant under the program,
a covered entity shall submit to the Secretary an application at
such time, in such form, and containing such information as the
Secretary may require.
(c) GRANT USES.—
(1) IN GENERAL.—A covered entity receiving a grant under
the program may use grant funds for a project, in territories
of the United States—
(A) to develop or construct a renewable energy system;
(B) to carry out an activity to increase energy efficiency;
(C) to develop or construct an energy storage system or
device for—
(i) a system developed or constructed under sub-
paragraph (A); or
(ii) an activity carried out under subparagraph (B);
(D) to develop or construct—
(i) a smart grid; or
(ii) a microgrid; or
(E) to train residents of territories of the United States
to develop, construct, maintain, or operate a renewable en-
ergy system.
(2) LIMITATION.—A covered entity receiving a grant under
the program may not use grant funds to develop or construct
a facility that generates electricity using energy derived from—
(A) fossil fuels; or
(B) nuclear power.
(d) TECHNICAL ASSISTANCE.—The Secretary shall ensure that De-
partment of Energy national laboratories offer to provide technical
assistance to each covered entity carrying out a project assisted
with a grant under the program.
(e) REPORT.—Not later than two years after the establishment of
the program, and on an annual basis thereafter, the Secretary shall
submit to Congress a report containing—
(1) an estimate of the amount of funds disbursed under the
program;
(2) an estimate of the energy conservation achieved as a re-
sult of the program;
(3) a description of challenges encountered in implementing
projects described in subsection (c)(1); and
(4) recommendations as to additional legislative measures to
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increase the use of renewable energy in territories of the
United States, as appropriate.
(f) GAO STUDY AND REPORT.—
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113
(1) STUDY AND REPORT.—Not later than 180 days after the
date of enactment of this section, the Comptroller General of
the United States shall—
(A) conduct a study regarding renewable energy and en-
ergy efficiency in territories of the United States; and
(B) submit to Congress a report containing—
(i) the findings of the study; and
(ii) related recommendations.
(2) COMPONENTS.—The study conducted under paragraph (1)
shall consider, in relation to territories of the United States,
the potential—
(A) to modify existing electric power systems to use re-
newable energy sources;
(B) to expand the use of microgrids; and
(C) to improve energy resiliency.
(g) DEFINITIONS.—In this section, the following definitions apply:
(1) COVERED ENTITY.—The term ‘‘covered entity’’ means a
not-for-profit organization determined eligible by the Secretary
for purposes of this section.
(2) DEPARTMENT OF ENERGY NATIONAL LABORATORIES.—The
term ‘‘Department of Energy national laboratories’’ has the
same meaning as the term ‘‘National Laboratory’’ under section
2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
(3) MICROGRID.—The term ‘‘microgrid’’ means an electric sys-
tem—
(A) that serves the local community with a power gen-
eration and distribution system; and
(B) that has the ability—
(i) to disconnect from a traditional electric grid; and
(ii) to operate autonomously when disconnected.
(4) RENEWABLE ENERGY; RENEWABLE ENERGY SYSTEM.—The
terms ‘‘renewable energy’’ and ‘‘renewable energy system’’ have
the meanings given those terms in section 415(c) of the Energy
Conservation and Production Act (42 U.S.C. 6865(c)).
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Energy.
(6) SMART GRID.—The term ‘‘smart grid’’ means an intelligent
electric grid that uses digital communications technology, in-
formation systems, and automation to, while maintaining high
system reliability—
(A) detect and react to local changes in usage;
(B) improve system operating efficiency; and
(C) reduce spending costs.
(7) TERRITORY.—The term ‘‘territory’’ means the Common-
wealth of Puerto Rico, Guam, the United States Virgin Islands,
American Samoa, and the Commonwealth of the Northern
Mariana Islands.
(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to
be appropriated such sums as may be necessary to carry out this
section.
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114
71. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE POCAN OF
WISCONSIN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
At the end of title XII of the committee print, add the following
new subtitle:
Subtitle G—Radon Abatement
Reauthorization
SEC. 12701. TECHNICAL ASSISTANCE TO STATES FOR RADON PRO-
GRAMS REAUTHORIZED.
Section 305(e) of the Toxic Substances Control Act (15 U.S.C.
2665(e)) is amended by striking ‘‘1989, 1990, and 1991’’ and insert-
ing ‘‘2021, 2022, and 2023’’.
SEC. 12702. GRANT ASSISTANCE TO STATES FOR RADON PROGRAMS
REAUTHORIZED.
Section 306(j) of the Toxic Substances Control Act (15 U.S.C.
2666(j)) is amended by striking ‘‘1989, 1990, and 1991’’ and insert-
ing ‘‘2021, 2022, and 2023’’.
SEC. 12703. REGIONAL RADON TRAINING CENTERS REAUTHORIZED.
Section 308(f) of the Toxic Substances Control Act (15 U.S.C.
2668(f)) is amended by striking ‘‘1989, 1990, and 1991’’ and insert-
ing ‘‘2021, 2022, and 2023’’.
72. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE QUIGLEY
OF ILLINOIS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 894, after line 15, insert the following:
SEC. 12607. USE OF BIRD-SAFE FEATURES, PRACTICES, AND STRATE-
GIES IN PUBLIC BUILDINGS.
(a) IN GENERAL.—Chapter 33 of title 40, United States Code, is
amended by adding at the end the following:
‘‘§ 3319. Use of bird-safe features, practices, and strategies in
public buildings
‘‘(a) CONSTRUCTION, ALTERATION, AND ACQUISITION OF PUBLIC
BUILDINGS.—The Administrator of General Services shall incor-
porate, to the extent practicable, features, practices, and strategies
to reduce bird fatality resulting from collisions with public build-
ings for each public building—
‘‘(1) constructed;
‘‘(2) acquired; or
‘‘(3) of which more than 50 percent of the facade is substan-
tially altered (in the opinion of the Commissioner of Public
Buildings).
‘‘(b) DESIGN GUIDE.—The Administrator shall develop a design
guide to carry out subsection (a) that includes the following:
‘‘(1) Features for reducing bird fatality resulting from colli-
sions with public buildings throughout all construction phases,
taking into account the number of each such bird fatality that
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occurs at different types of public buildings.
‘‘(2) Methods and strategies for reducing bird fatality result-
ing from collisions with public buildings during the operation
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115
and maintenance of such buildings, including installing inte-
rior, exterior, and site lighting.
‘‘(3) Best practices for reducing bird fatality resulting from
collisions with public buildings, including—
‘‘(A) a description of the reasons for adopting such prac-
tices; and
‘‘(B) an explanation for the omission of a best practice
identified pursuant to subsection (c).
‘‘(c) IDENTIFYING BEST PRACTICES.—To carry out subsection
(b)(3), the Administrator may identify best practices for reducing
bird fatality resulting from collisions with public buildings, includ-
ing best practices recommended by—
‘‘(1) Federal agencies with expertise in bird conservation;
‘‘(2) nongovernmental organizations with expertise in bird
conservation; and
‘‘(3) representatives of green building certification systems.
‘‘(d) DISSEMINATION OF DESIGN GUIDE.—The Administrator shall
disseminate the design guide developed pursuant to subsection (b)
to all Federal agencies, subagencies, and departments with inde-
pendent leasing authority from the Administrator.
‘‘(e) UPDATE TO DESIGN GUIDE.—The Administrator shall, on a
regular basis, update the design guide developed pursuant to sub-
section (b) with respect to the priorities of the Administrator for re-
ducing bird fatality resulting from collisions with public buildings.
‘‘(f) EXEMPT BUILDINGS.—This section shall not apply to—
‘‘(1) any building or site listed, or eligible for listing, on the
National Register of Historic Places;
‘‘(2) the White House and the grounds of the White House;
‘‘(3) the Supreme Court building and the grounds of the Su-
preme Court; or
‘‘(4) the United States Capitol and any building on the
grounds of the Capitol.
‘‘(g) CERTIFICATION.—Not later than October 1 of each fiscal year,
the Administrator, acting through the Commissioner, shall certify
to Congress that the Administrator uses the design guide developed
pursuant to subsection (b) for each public building described in
subsection (a).
‘‘(h) REPORT.—Not later than October 1 of each fiscal year, the
Administrator shall submit to Congress a report that includes—
‘‘(1) the certification under subsection (g); and
‘‘(2) to the extent practicable, the number of each such bird
fatality that occurred as a result of a collision with the public
buildings occupied by the respective head of each Federal agen-
cy.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 33 of title 40, United States Code, is amended by
adding at the end the following new item:
‘‘3319. Use of bird-safe features, practices, and strategies in public buildings.’’.
73. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE QUIGLEY
OF ILLINOIS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
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After the item in the table of contents relating to section 5101,
insert the following:
Sec. 5102. Definitions.
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116
Sec. 5103. Power system modeling reform and updates to grid services and grid op-
erator software.
Sec. 5104. Advanced energy and grid efficiency studies and report.
Page 436, after line 15, insert the following:
SEC. 5102. DEFINITIONS.
In sections 5103 and 5104:
(1) ADVANCED ENERGY TECHNOLOGY.—The term ‘‘advanced
energy technology’’ means any energy generation, load-modi-
fying transmission, or storage technology with zero or minimal
greenhouse gas emissions that is connected—
(A) to the distribution system;
(B) to the transmission system; or
(C) behind the meter.
(2) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’
means the advisory committee established under section
5103(a)(2)(A).
(3) COMMISSION.—The term ‘‘Commission’’ means the Fed-
eral Energy Regulatory Commission.
(4) ELECTRIC UTILITY.—The term ‘‘electric utility’’ has the
meaning given the term in section 3 of the Federal Power Act
(16 U.S.C. 796).
(5) GRID OPERATOR.—The term ‘‘grid operator’’ means—
(A) a Transmission Organization, including—
(i) an Independent System Operator; and
(ii) a Regional Transmission Organization;
(B) a public utility; and
(C) an electric utility.
(6) INDEPENDENT SYSTEM OPERATOR.—The term ‘‘Inde-
pendent System Operator’’ has the meaning given the term in
section 3 of the Federal Power Act (16 U.S.C. 796).
(7) INITIATIVE.—The term ‘‘Initiative’’ means the Advanced
Energy Technology Research Initiative established under sec-
tion 5103(a)(1).
(8) PUBLIC UTILITY.—The term ‘‘public utility’’ has the mean-
ing given the term in section 201(e) of the Federal Power Act
(16 U.S.C. 824(e)).
(9) REGIONAL TRANSMISSION ORGANIZATION.—The term ‘‘Re-
gional Transmission Organization’’ has the meaning given the
term in section 3 of the Federal Power Act (16 U.S.C. 796).
(10) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Energy.
(11) TRANSMISSION ORGANIZATION.—The term ‘‘Transmission
Organization’’ has the meaning given the term in section 3 of
the Federal Power Act (16 U.S.C. 796).
SEC. 5103. POWER SYSTEM MODELING REFORM AND UPDATES TO
GRID SERVICES AND GRID OPERATOR SOFTWARE.
(a) ADVANCED ENERGY TECHNOLOGY RESEARCH INITIATIVE.—
(1) IN GENERAL.—Not later than 90 days after the date of en-
actment of this Act, the Commission, in coordination with the
Secretary, shall establish an initiative, to be known as the ‘‘Ad-
vanced Energy Technology Research Initiative’’, to research
and provide recommendations on how to improve the modeling,
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operational, and planning practices used for the bulk electric
system.
(2) ADVISORY COMMITTEE.—
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117
(A) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Commission, in coordination
with the Secretary, shall establish an advisory committee
to research, report on, and provide recommendations on
matters relating to the Initiative, including—
(i) whether the existing modeling and long-term and
short-term planning practices used by grid operators
for power systems, including power markets, ade-
quately incorporate expected integration with respect
to advanced energy technologies;
(ii) whether the methods used to determine future
transmission and capacity needs and make reliability-
related determinations use the right data to ade-
quately forecast and model the integration of advanced
energy technology into electric power systems;
(iii) whether the modeling and planning practices
described in clause (i) and the methods described in
clause (ii) need to be updated to better account for the
integration of advanced energy technology into electric
power systems;
(iv) any undue barriers to the adoption of advanced
energy technology presented by—
(I) existing modeling, operational, and planning
practices; and
(II) State estimation tools for planning and reli-
ability;
(v) any need to develop emerging technologies or
software for use in improving modeling, planning, and
operations in wholesale electricity markets to resolve
computational or technical barriers to the adoption of
advanced energy technology, including software relat-
ing to—
(I) the use of big data, artificial intelligence, and
probabilistic methods to predict, in near-real-
time—
(aa) energy generation from variable and
distributed resources;
(bb) load profiles; and
(cc) consumption and congestion; and
(II) the use of artificial intelligence to improve
the responsiveness of energy system operations;
(vi) whether existing and future grid reliability serv-
ice definitions and the modeling techniques, oper-
ational processes, and planning processes used to pro-
cure grid reliability services—
(I) appropriately account for the technical and
operational characteristics of advanced energy
technologies;
(II) allow for the use of those advanced energy
technologies to provide grid reliability services;
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and
(III) include appropriate cybersecurity safe-
guards; and
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118
(vii) any rulemaking, technical conference, or policy
statement that, in the determination of the Advisory
Committee, the Commission should consider.
(B) COMPOSITION.—The Advisory Committee shall con-
sist of—
(i) not fewer than 1 representative from each of—
(I) the Commission;
(II) the Department of Energy;
(III) the Electric Reliability Organization (as de-
fined in section 215(a) of the Federal Power Act
(16 U.S.C. 824o(a)));
(IV) an Independent System Operator or a Re-
gional Transmission Organization;
(V) an entity generating electric power that is
not affiliated with a transmission-owning public or
nonpublic utility;
(VI) an environmental organization with exper-
tise on the bulk electric system; and
(VII) an institution of higher education with ex-
pertise on the bulk electric system;
(ii) not fewer than 2 designees of the National Asso-
ciation of Regulatory Utility Commissioners;
(iii) not fewer than 3 representatives from public
utilities or electric utilities in areas not serviced by an
Independent System Operator or a Regional Trans-
mission Organization; and
(iv) not fewer than 2 representatives from private
and nonprofit associations with expertise in the devel-
opment, deployment, and use of advanced energy tech-
nologies.
(C) REPORTS.—Not later than 18 months after the date
of enactment of this Act, and every 2 years thereafter for
10 years, the Advisory Committee shall submit to the
Committee on Energy and Natural Resources of the Senate
and the Committee on Energy and Commerce of the House
of Representatives a report on the Initiative, including the
findings or recommendations of the Advisory Committee
with respect to the matters described in clauses (i) through
(vii) of subparagraph (A).
(b) ADVANCED ENERGY TECHNOLOGY AND GRID SERVICES PRO-
GRAM.—
(1) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a competi-
tive financial assistance program, to be known as the ‘‘Ad-
vanced Energy Technology and Grid Services Program’’, under
which the Secretary shall enter into Federal financial assist-
ance agreements with eligible entities described in paragraph
(2) for the purpose of increasing the market penetration of ad-
vanced energy technology through advanced research and de-
velopment and pilot demonstrations of—
(A) software upgrades, including upgrades to the soft-
ware platforms used to operate wholesale energy markets;
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(B) updated power system planning;
(C) new power system (including power market) mod-
eling platforms;
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119
(D) cybersecurity and physical security upgrades; and
(E) resilience upgrades.
(2) ELIGIBLE ENTITIES DESCRIBED.—An eligible entity re-
ferred to in paragraph (1) is—
(A) a grid operator;
(B) a State public utility commission;
(C) an energy cooperative;
(D) a municipality;
(E) an electric utility;
(F) a gas utility; or
(G) a State energy office.
(3) ELIGIBLE ACTIVITIES.—The Secretary may enter into a fi-
nancial assistance agreement under this subsection for—
(A) software upgrades by grid operators;
(B) new power system (including power market) mod-
eling platforms;
(C) enhancements to cybersecurity safeguards; or
(D) updated power system (including power market)
planning, updated power system (including power market)
modeling, or updated reliability planning and modeling by
grid operators.
(4) COST SHARING.—In awarding Federal financial assistance
(including grants, loans, and any other form of financial assist-
ance) to fund eligible activities under this subsection, the Sec-
retary shall require cost sharing in accordance with section 988
of the Energy Policy Act of 2005 (42 U.S.C. 16352).
(5) COORDINATION.—In carrying out the Advanced Energy
Technology and Grid Services Program established under this
subsection, the Secretary, to the maximum extent practicable,
shall coordinate with existing programs of the Department of
Energy that focus on grid modernization efforts.
SEC. 5104. ADVANCED ENERGY AND GRID EFFICIENCY STUDIES AND
REPORT.
(a) STUDIES.—
(1) ADVANCED ENERGY STUDY.—The Secretary, in coordina-
tion with the Commission, shall carry out a study of the costs
and benefits to consumers of updating power system planning,
modeling, and operational practices, including reliability-re-
lated planning, and energy market participation rules on ad-
vanced energy technologies and resources, including distrib-
uted energy technologies and resources, such as—
(A) energy storage technologies;
(B) energy efficiency and transmission efficiency tech-
nologies;
(C) distributed solar and wind energy generation;
(D) fuel cells;
(E) smart thermostats and smart building technologies;
(F) demand response technologies, including natural gas
demand response technologies;
(G) advanced metering technologies;
(H) electric vehicles and electric vehicle charging infra-
structure;
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(I) any aggregation of the distributed energy tech-
nologies and resources described in subparagraph (A) or
(C); and
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120
(J) any other advanced energy technologies, as deter-
mined by the Secretary.
(2) GRID EFFICIENCY STUDY.—
(A) IN GENERAL.—The Secretary, in coordination with
the Commission, shall carry out a study of the barriers
and opportunities for advanced energy technologies that
provide increased, more efficient, or more effective delivery
over the existing transmission network.
(B) REQUIREMENTS.—The study under subparagraph (A)
shall include—
(i) an examination of—
(I) the reliability, resilience, and economic bene-
fits of technologies such as power flow control, to-
pology optimization, and dynamic line ratings;
(II) the costs, benefits, and challenges associated
with deployment of the advanced energy tech-
nologies described in subparagraph (A); and
(III) the impact of grid efficiency improvements
on wholesale and retail electricity rates; and
(ii) an analysis of the role of financial and regulatory
incentives in the deployment of advanced energy tech-
nologies, as determined by the Secretary.
(b) REPORT.—Not later than 18 months after the date of enact-
ment of this Act, the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report de-
scribing the results of the studies under paragraphs (1) and (2) of
subsection (a).
74. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ROUDA OF
CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Add at the end of subtitle H of title I the following:
SEC. 1806. REMOVING BARRIERS TO EFFICIENCY.
(a) IN GENERAL.—Section 327 of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6297) is amended by adding at the end the fol-
lowing:
‘‘(h) SUSPENSION OF PREEMPTION.—This section shall not apply to
a covered product during any period that—
‘‘(1) begins on the date that is 8 years after the date on
which the energy conservation standard was established under
section 325 for the covered product; and
‘‘(2) ends on the effective date of an energy conservation
standard established after the date described in paragraph (1)
under section 325 for the covered product, that is equivalent to,
or more stringent than, the standard described in such para-
graph.
‘‘(i) NO PREEMPTION ABSENT A FEDERAL STANDARD.—
‘‘(1) APPLICATION.—Notwithstanding any other provision of
this part, this section does not apply to any State regulation
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insofar as the State regulation applies to any product not sub-
ject to an energy conservation standard established under sec-
tion 325.
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121
‘‘(2) COMPLIANCE PERIOD.—Any State regulation prescribed
or enacted for a covered product before the date on which an
energy conservation standard is established under section 325
for the covered product shall not be preempted until the effec-
tive date of an equivalent or more stringent energy conserva-
tion standard under section 325 for the covered product.’’.
(b) ASHRAE PRODUCTS.—Section 345(b)(2) of the Energy Policy
and Conservation Act (42 U.S.C. 6316(b)(2)) is amended by adding
at the end the following:
‘‘(E) Notwithstanding subparagraph (A), a standard prescribed or
established under section 342(a) shall not supersede any State or
local regulation concerning the energy efficiency or energy use of
a product for which a standard is prescribed or established pursu-
ant to such section during any period that—
‘‘(i) begins on the date that is 8 years after the date on which
such standard was prescribed or established; and
‘‘(ii) ends on the effective date of a standard prescribed or es-
tablished after the date described in clause (i) under section
342(a) for the product, that is equivalent to, or more stringent
than, the standard described in such clause.’’.
75. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE RUSH OF
ILLINOIS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
At the end of part 2 of subtitle A of title XII, add the following
new section:
SEC. 12114. ENERGY JOBS COUNCIL AND ANNUAL ENERGY EMPLOY-
MENT REPORT.
(a) ENERGY JOBS COUNCIL.—
(1) ESTABLISHMENT.—Not later than 90 days after the date
of enactment of this Act, the Secretary of Energy (referred to
in this section as the ‘‘Secretary’’) shall establish a council, to
be known as the ‘‘Energy Jobs Council’’ (referred to in this sec-
tion as the ‘‘Council’’).
(2) MEMBERSHIP.—The Council shall be comprised of—
(A) to be appointed by the Secretary—
(i) one or more representatives of the Energy Infor-
mation Administration; and
(ii) one or more representatives of a State energy of-
fice that are serving as members of the State Energy
Advisory Board established by section 365(g) of the
Energy Policy and Conservation Act (42 U.S.C.
6325(g));
(B) to be appointed by the Secretary of Commerce—
(i) one or more representatives of the Department of
Commerce; and
(ii) one or more representatives of the Bureau of the
Census;
(C) one or more representatives of the Bureau of Labor
Statistics, to be appointed by the Secretary of Labor; and
(D) one or more representatives of any other Federal
agency the assistance of which is required to carry out this
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Act, as determined by the Secretary, to be appointed by
the head of the applicable agency.
(b) SURVEY AND ANALYSIS.—
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122
(1) IN GENERAL.—The Council shall—
(A) conduct a survey of employers in the energy, energy
efficiency, renewable energy, and motor vehicle sectors of
the economy of the United States; and
(B) perform an analysis of the employment figures and
demographics in those sectors, including the number of
personnel in each sector who devote a substantial portion
of working hours, as determined by the Secretary, to com-
pliance matters.
(2) METHODOLOGY.—In conducting the survey and analysis
under paragraph (1), the Council shall employ a methodology
that—
(A) was approved in 2016 by the Office of Management
and Budget for use in the document entitled ‘‘OMB Control
Number 1910–5179’’;
(B) uses a representative, stratified sampling of busi-
nesses in the United States; and
(C) is designed to elicit a comparable number of re-
sponses from businesses in each State and with the same
North American Industry Classification System codes as
were received for the 2016 and 2017 reports entitled ‘‘U.S.
Energy and Employment Report’’.
(3) CONSULTATION.—In conducting the survey and analysis
under paragraph (1), the Council shall consult with key stake-
holders, including—
(A) as the Council determines to be appropriate, the
heads of relevant Federal agencies and offices, including—
(i) the Secretary of Commerce;
(ii) the Secretary of Transportation;
(iii) the Director of the Bureau of the Census;
(iv) the Commissioner of the Bureau of Labor Statis-
tics; and
(v) the Administrator of the Environmental Protec-
tion Agency;
(B) States;
(C) the State Energy Advisory Board established by sec-
tion 365(g) of the Energy Policy and Conservation Act (42
U.S.C. 6325(g)); and
(D) energy industry trade associations.
(c) REPORT.—
(1) IN GENERAL.—Not later than 1 year after the date of en-
actment of this Act, and annually thereafter, the Secretary
shall—
(A) make publicly available on the website of the Depart-
ment of Energy a report, to be entitled the ‘‘U.S. Energy
and Employment Report’’, describing the employment fig-
ures and demographics in the energy, energy efficiency,
and motor vehicle sectors of the United States based on
the survey and analysis conducted under subsection (b);
and
(B) subject to the requirements of the Confidential Infor-
mation Protection and Statistical Efficiency Act of 2002 (44
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U.S.C. 3501 note; Public Law 107–347), make the data col-
lected by the Council publicly available on the website of
the Department of Energy.
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(2) CONTENTS.—
(A) IN GENERAL.—The report under paragraph (1) shall
include employment figures and demographic data for—
(i) the energy sector of the economy of the United
States, including—
(I) the electric power generation and fuels sec-
tor; and
(II) the transmission, storage, and distribution
sector;
(ii) the energy efficiency sector of the economy of the
United States; and
(iii) the motor vehicle sector of the economy of the
United States.
(B) INCLUSION.—With respect to each sector described in
subparagraph (A), the report under paragraph (1) shall in-
clude employment figures and demographic data sorted
by—
(i) each technology, subtechnology, and fuel type of
those sectors; and
(ii) subject to the requirements of the Confidential
Information Protection and Statistical Efficiency Act of
2002 (44 U.S.C. 3501 note; Public Law 107–347)—
(I) each State;
(II) each territory of the United States;
(III) the District of Columbia; and
(IV) each county (or equivalent jurisdiction) in
the United States.
76. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SCHRA-
DER OF OREGON OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
At the end of subtitle H of title I, add the following:
SEC. 1806. HOME WILDFIRE RISK REDUCTION REBATE PROGRAM.
(a) IN GENERAL.—The Secretary of Energy shall establish a pro-
gram, to be known as the ‘‘Home Wildfire Risk Reduction Rebate
Program’’, to provide rebates to homeowners to defray the costs of
retrofitting an existing home to be wildfire-resistant.
(b) AMOUNT OF REBATE.—In carrying out the Home Wildfire Risk
Reduction Rebate Program, the Secretary shall provide a home-
owner a rebate of up to—
(1) $10,000 for the retrofitting of roof features, including the
roof covering, vents, soffit and fascia, and gutters, to be wild-
fire-resistant;
(2) $20,000 for the retrofitting of exterior wall features, in-
cluding sheathing and siding, doors, and windows, to be wild-
fire-resistant;
(3) $5,000 for the retrofitting of a deck, including the deck-
ing, framing, and fascia, to be wildfire-resistant; and
(4) $1,500 for the retrofitting of near-home landscaping, in-
cluding mulch and landscape fabric in a 5-foot zone imme-
diately around the home and under all attached decks, to be
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wildfire-resistant.
(c) INCLUSION.—For purposes of this section, the cost of a retrofit
shall include all costs associated with the retrofit, including the
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124
purchase and installation of wildfire-resistant products and compo-
nents.
(d) LIMITATION.—The amount of the rebate under this section
shall not exceed 50 percent of the cost of the retrofit.
(e) PROCESS.—
(1) FORMS; REBATE PROCESSING SYSTEM.—Not later than 90
days after the date of enactment of this Act, the Secretary, in
consultation with the Secretary of the Treasury, shall—
(A) develop and make available rebate forms required to
receive a rebate under this section;
(B) establish a Federal rebate processing system which
shall serve as a database and information technology sys-
tem that will allow homeowners to submit required rebate
forms; and
(C) establish a website that provides information on re-
bates provided under this section, including how to deter-
mine whether particular measures qualify for a rebate
under this section and how to receive such a rebate.
(2) SUBMISSION OF FORMS.—In order to receive a rebate
under this section, a homeowner shall submit the required re-
bate forms, and any other information the Secretary deter-
mines appropriate, to the Federal rebate processing system es-
tablished under paragraph (1).
(f) MODERATE-INCOME HOUSEHOLDS.—
(1) CERTIFICATIONS.—The Secretary shall establish proce-
dures for certifying that the household of a homeowner is mod-
erate-income for purposes of this section.
(2) LIMITATION FOR MODERATE INCOME HOUSEHOLDS.—Not-
withstanding subsection (d), for households of homeowners
that are certified pursuant to the procedures established under
paragraph (1) as moderate-income, the amount of the rebate
under this section shall not exceed 80 percent of the cost of the
retrofit.
(3) OUTREACH.—The Secretary shall establish procedures
to—
(A) provide information to households of homeowners
that are certified pursuant to the procedures established
under paragraph (1) as moderate-income regarding other
programs and resources relating to assistance for upgrades
of homes, including the weatherization assistance program
implemented under part A of title IV of the Energy Con-
servation and Production Act (42 U.S.C. 6861 et seq.); and
(B) refer such households, as applicable, to such other
programs and resources.
(g) DEFINITION.—In this section, the term ‘‘wildfire-resistant’’
means meeting or exceeding the specifications of the International
Code Council’s 2018 International Wildland-Urban Interface Code
(IWUIC).
(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to carry out this section $500,000,000 for each of
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fiscal years 2021 through 2025.
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77. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE
SCHWEIKERT OF ARIZONA OR HIS DESIGNEE, DEBATABLE FOR 10
MINUTES
At the end of subtitle A of title III, add the following:
SEC. 3115. STUDY ON BLUE HYDROGEN TECHNOLOGY.
(a) STUDY.—The Secretary of Energy shall conduct a study to ex-
amine opportunities for research and development in integrating
blue hydrogen technology in the industrial power sector and how
that could enhance the deployment and adoption of carbon capture
and storage.
(b) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Secretary of Energy shall submit to the Committee
on Energy and Natural Resources of the Senate and the Committee
on Science, Space, and Technology of the House of Representatives
a report that describes the results of the study under subsection
(a).
78. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SCOTT OF
VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 247, line 23, redesignate paragraph (11) as paragraph (12).
Page 247, line 23, insert the following:
(11) Modeling and simulation tools to more efficiently design,
site, permit, manufacture, construct, operate, maintain, and
decommission wind energy systems.
79. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SCOTT OF
VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 242, after line 13, insert the following:
(2) The term ‘‘energy critical material’’ means any of a class
of non-fuel materials that have a high risk of a supply disrup-
tion and are critical to one or more existing or new, energy-re-
lated technologies such that a substantial supply disruption of
such material would significantly inhibit large-scale deploy-
ment of technologies that produce, transmit, store, or conserve
energy.
Page 242, lines 14, 18, and 21, redesignate paragraphs (2), (3),
and (4), as paragraphs (3), (4), and (5), respectively.
Page 246, line 7, strike the semicolon at the end
Page 246, line 8, strike the period at the end and insert ‘‘; and’’.
Page 246, after line 8, insert the following:
(H) materials and designs that reduce the need for and
use of energy critical materials.
Page 247, line 4, subparagraph (4) is amended to read as follows:
(4) Recycling and reuse of wind energy components, with
special consideration for the recovery and reuse of energy
critical materials, in coordination with the program under
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Title X of the Clean Economy Jobs and Innovation Act.
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126
80. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SHERRILL
OF NEW JERSEY OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 252, line 3, insert ‘‘(including for air traffic control, air de-
fense, and weather detection)’’ after ‘‘radar systems’’.
81. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE STEVENS
OF MICHIGAN OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 593, after line 17, insert the following:
Subtitle G—Research and Development
SEC. 6701. DEFINITIONS.
In this subtitle:
(1) ALTERNATIVE FUEL.—The term ‘‘alternative fuel’’ means a
fuel that is sustainably produced and, or, that results in a sig-
nificant reduction in carbon dioxide (CO2) emissions, or other
particulate or toxic emissions, over the lifecycle of such fuel.
(2) DEPARTMENT.—The term ‘‘Department’’ means the De-
partment of Energy.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Energy.
SEC. 6702. VEHICLE RESEARCH AND DEVELOPMENT.
(a) IN GENERAL.—The Secretary shall conduct a program of re-
search, development, and demonstration activities on more efficient
and sustainable materials, technologies, and processes with the po-
tential to substantially reduce or eliminate petroleum from the
manufacture, use, and the emissions of the passenger and commer-
cial vehicles with lower cost of vehicle manufacturing and owner-
ship, including activities in the areas of—
(1) electrification of vehicle systems; including compact and
efficient electric drivetrain systems;
(2) power electronics, electric machines, and electric machine
drive systems, including—
(A) electronic motors, including advanced inverters and
motors that can be used for passenger vehicles and com-
mercial vehicles;
(B) magnetic materials, including permanent magnets
with reduced or no critical materials;
(C) improving partial load efficiency;
(D) design of power electronics and electric motor tech-
nologies that enable efficient recycling of critical materials;
and
(E) other technically feasible areas for power electronics
and electric machine advances.
(3) vehicle batteries and relevant systems, including—
(A) advanced batteries systems, ultracapacitors, and
other competitive energy storage devices;
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(B) the development of common interconnection proto-
cols, specifications, and architecture for both transpor-
tation and stationary battery applications;
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127
(C) improving energy density and capacity, recharging
robustness, extreme fast charging and wireless charging
capabilities, and efficiencies to lower cost;
(D) thermal management of battery systems;
(E) improving efficient use, substitution, and recycling of
potentially critical materials in vehicles, including rare
earth elements and precious metals, at risk of supply dis-
ruption; and
(F) advanced battery protection systems for safe han-
dling of high voltage power;
(4) vehicle, component, and subsystem manufacturing tech-
nologies and processes;
(5) vehicle systems and components, including—
(A) engine efficiency and combustion optimization;
(B) waste heat recovery;
(C) transmission and drivetrains;
(D) advanced boosting systems;
(E) idle reduction systems and components;
(F) innovative propulsion systems; and
(G) vehicle fuel cells and relevant systems;
(6) hybrid and alternative fuel vehicles, including—
(A) vehicle fuel cells and relevant systems, including
power electronics systems to regulate the fuel cell voltages;
(B) synthetic fuels from recycled CO2 and net-zero car-
bon liquid fuels; and
(C) advanced biofuel technologies;
(7) aftertreatment technologies, aerodynamics, rolling resist-
ance (including tires and wheel assemblies), accessory power
loads of vehicles and associated equipment, friction and wear
reduction, and lubricants for hybrid and electric vehicles;
(8) vehicle weight reduction, including—
(A) more sustainable and cost-effective lightweighting
materials; and
(B) the development of higher efficiency manufacturing
processes to make sustainable lightweight materials and
fabricate, assemble, and use dissimilar materials, includ-
ing—
(i) lightweighted systems which combine several ex-
isting vehicle components; and
(ii) voluntary, consensus-based standards for stra-
tegic lightweight materials;
(9) improved vehicle recycling methods to increase the recy-
cled material content of feedstocks used in raw material manu-
facturing;
(10) vehicle propulsion systems, including—
(A) engine and component durability;
(B) engine down speeding;
(C) engine compatibility with and optimization for a va-
riety of transportation fuels, including biofuels, synthetic
fuels, and other liquid and gaseous fuels;
(D) advanced internal combustion engines;
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(E) transmission gear and engine operation matching;
and
(F) advanced transmission technologies;
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(11) predictive engineering, modeling, and simulation of com-
ponents, vehicle and transportation systems;
(12) leveraging automation in both vehicle and infrastructure
systems;
(13) infrastructure, including—
(A) refueling and charging infrastructure for alternative
fueled and electric drive or plug-in electric hybrid vehicles,
including the unique challenges facing rural areas;
(B) extreme fast wired and wireless charging systems;
(C) integration, bidirectional capability, and operational
optimization of vehicle electrification for light, medium,
and heavy duty with the charging infrastructure and the
grid; and
(D) sensing, communications, and actuation technologies
for vehicle, electric grid, and infrastructure, including—
(i) communication and connectivity among vehicles,
infrastructure, and the electrical grid; and
(ii) vehicle-to-vehicle, vehicle-to-pedestrian, vehicle-
to-cloud, and vehicle-to-infrastructure technologies;
(14) retrofitting advanced vehicle technologies to existing ve-
hicles;
(15) transportation system analysis to further understand
the energy implications and opportunities of advanced mobility
solutions, including—
(A) advanced vehicle technologies, including automation;
(B) new mobility business models, real time information,
transit, and micro mobility choices;
(C) consumer travel decisions and e-commerce engage-
ment, including travel behavior and potential strategies for
reducing vehicle miles traveled to reduce emissions;
(D) goods movement and delivery interactions, including
with car transport;
(E) infrastructure advancements and linkage with vehi-
cle-to-everything,
(F) quantification of technology, policy, and investment
decisions on mobility, access, equity, and the environment;
and
(G) overall system optimization;
(16) aligned industry standards for strategic lightweight ma-
terials;
(17) energy efficient advanced computing systems, tech-
nology, and networking for vehicular on-board, off-board, and
edge computing applications;
(18) identifying strategies to mitigate the long-term ramifica-
tion of vehicle and mobility technology research, development,
and demonstration stemming from events such as economic
downturns; and
(19) other innovative technologies research and development
as determined by the Secretary.
(b) SECURITY OF ON-ROAD TRANSPORTATION.—
(1) IN GENERAL.—The Secretary, in coordination with other
relevant Federal agencies, shall establish a research and devel-
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opment program focused on the cyber and physical security of
interconnections between vehicles, charging equipment, build-
ings, and the grid for plug-in electric vehicles, connected vehi-
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129
cles, and autonomous vehicles, including the security impacts,
efficiency, and safety of plug-in electric vehicles using alter-
nating current charging, high-power direct current fast charg-
ing, and extreme fast charging, defined as charge rates of
350kW and above.
(2) ASSESSMENT.—The Secretary shall develop an assessment
of emergent cybersecurity threats and vulnerabilities to the
United States on-road transportation system and connected in-
frastructure with 5- to 10-year impact by identifying areas of
research where Federal cross-agency research coordination and
cooperation will help address such threats and vulnerabilities.
(3) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, the Secretary shall submit to the Committee
on Science, Space, and Technology of the House of Representa-
tives, and the Committee on Energy and Natural Resources of
the Senate a report summarizing the current research and
challenges associated with cyber-physical protection and resil-
iency of electric and connected and automated vehicle tech-
nologies.
(c) VEHICLE ENERGY STORAGE SYSTEM SAFETY.—
(1) IN GENERAL.—The Secretary shall support a program of
research, development, and demonstration of vehicle energy
storage safety and reliability.
(2) ACTIVITIES.—In carrying out this section, the Secretary
shall support activities to—
(A) research the mechanisms that lead to vehicle energy
storage system safety and reliability incidents;
(B) develop new materials to improve overall vehicle en-
ergy storage system safety and abuse tolerance;
(C) perform abuse testing;
(D) advance testing techniques;
(E) demonstrate detailed failure analyses;
(F) develop strategies to mitigate vehicle energy storage
cell and system failures; and
(G) development of crush-induced battery safety proto-
cols and standards to improve robustness.
(d) VEHICLE TECHNOLOGIES ADVISORY COMMITTEE.—
(1) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish the Ad-
vanced Vehicle Technologies Advisory Committee (in this sec-
tion referred to as the ‘‘advisory committee’’) to advise the Sec-
retary on vehicle technology and mobility system research ad-
vancements. The advisory committee shall be composed of not
fewer than 15 members, including representatives of research
and academic institutions, environmental organizations, indus-
try, and nongovernmental entities, who are qualified to provide
advice on the research, development, and demonstration activi-
ties under this Act (in this section referred to as the DOE Ve-
hicle Program).
(2) ASSESSMENT.—The advisory committee shall assess—
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(A) the current state of United States competitiveness in
advancing vehicle technologies and mobility systems, in-
cluding—
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(i) the scope and scale of United States investments
in sustainable transportation research, development,
demonstration, and
(ii) research, development, and demonstration activi-
ties to lower vehicle and fuel lifecycle emissions;
(B) progress made in implementing the DOE Vehicle
Program, including progress of research activities to lower
vehicle emissions, considering emissions at each stage of
the vehicle and fuel lifecycle;
(C) the need to revise the DOE Vehicle Program;
(D) the balance of activities and funding across the DOE
Vehicle Program;
(E) the management, coordination, implementation, and
activities of the DOE Vehicle Program;
(F) whether environmental, safety, security, and other
appropriate societal issues are adequately addressed by
the DOE Vehicle Technologies Program; and
(G) other relevant topics as decided by the Secretary.
(3) REPORTS.—Not later than 2 years after the date of enact-
ment of this Act, and not less frequently than once every 3
years thereafter, the advisory committee shall submit to the
Secretary, the Committee on Science, Space, and Technology of
the House of Representatives a report on—
(A) the findings of the advisory committee’s assessment
under paragraph (1); and
(B) the advisory committee’s recommendations for ways
to improve the DOE Vehicle Program.
(4) APPLICATION OF FEDERAL ADVISORY COMMITTEE ACT.—
Section 14 of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Advisory Committee.
(e) INTERAGENCY AND INTRAAGENCY COORDINATION.—To the max-
imum extent practicable, the Secretary shall coordinate research,
development, and demonstration activities among—
(1) relevant programs within the Department, including—
(A) the Office of Energy Efficiency and Renewable En-
ergy;
(B) the Office of Science;
(C) the Office of Electricity;
(D) the Office of Fossil Energy;
(E) the Office of Cybersecurity, Energy Security, and
Emergency Response;
(F) the Advanced Research Projects Agency—Energy;
and
(G) other offices as determined by the Secretary; and
(2) relevant technology research and development programs
within other Federal agencies, including—
(A) the Department of Transportation;
(B) National Institute of Standards & Technology;
(C) National Science Foundation; and
(D) other Federal agencies as determined by the Sec-
retary.
(f) INTERGOVERNMENTAL COORDINATION.—The Secretary shall
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seek opportunities to leverage resources and support initiatives of
Federal, State, and local governments in developing and promoting
advanced vehicle technologies, manufacturing, and infrastructure.
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(g) SECONDARY USE APPLICATIONS OF VEHICLE BATTERIES.—
(1) IN GENERAL.—The Secretary shall carry out a research,
development, and demonstration program that—
(A) builds on any work carried out under section 915 of
the Energy Policy Act of 2005 (42 U.S.C. 16195);
(B) identifies possible uses of a vehicle battery after the
useful life of the battery in a vehicle has been exhausted;
(C) conducts long-term testing to verify performance and
degradation predictions and lifetime valuations for sec-
ondary uses;
(D) evaluates innovative approaches to recycling mate-
rials from plug-in electric drive vehicles and the batteries
used in plug-in electric drive vehicles;
(E) assesses the potential for markets for uses described
in subparagraph (B) to develop; and
(F) identifies any barriers to the development of those
markets;
(G) identifies the potential uses of a vehicle battery—
(i) with the most promise for market development;
and
(ii) for which market development would be aided by
a demonstration project.
(2) REPORT.—Not later than 18 months after the date of en-
actment of this Act, the Secretary shall submit to the appro-
priate committees of Congress an initial report on the findings
of the program described in paragraph (1), including rec-
ommendations for stationary energy storage and other poten-
tial applications for batteries used in plug-in electric drive ve-
hicles.
(3) SECONDARY USE DEMONSTRATION.—
(A) IN GENERAL.—Based on the results of the program
described in paragraph (1), the Secretary shall develop
guidelines for projects that demonstrate the secondary
uses and innovative recycling of vehicle batteries.
(B) PUBLICATION OF GUIDELINES.—Not later than 18
months after the date of enactment of this Act, the Sec-
retary shall—
(i) publish the guidelines described in subparagraph
(A); and
(ii) solicit applications for funding for demonstration
projects.
(5) PILOT DEMONSTRATION PROGRAM.—Not later than 2 years
after the date of enactment of this Act, the Secretary shall se-
lect proposals for Federal financial assistance under this sub-
section, based on an assessment of which proposals are mostly
likely to contribute to the development of a secondary market
for vehicle batteries.
(h) STUDY TO EXAMINE BATTERY SCIENCE AND TECHNOLOGY
PATHWAYS.—
(1) IN GENERAL.—The Secretary shall enter into an agree-
ment with the National Academies of Sciences, Engineering,
and Medicine under which the National Academies agree to
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conduct a study on battery technologies to advance research to-
ward a resilient and low-carbon transportation system and
electric grid. Such study shall—
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132
(A) identify promising battery technologies;
(B) recommend research priorities to support the devel-
opment of sustainable battery value chains, including ana-
lyzing human rights, environmental impacts, and recycling
and reuse infrastructure;
(C) examine market, policy, and technology barriers to
their development; and
(D) recommend strategic research priorities on tech-
nology pathways to develop affordable, sustainable, safe,
efficient, and long-lasting batteries to meet future trans-
portation and energy storage demands.
(2) REPORT.—The agreement entered into under subsection
(a) shall include a requirement that the National Academies,
not later than 24 months after the date of enactment of this
Act, submit to the House Committee on Science, Space and
Technology, and the Senate Committee on Energy and Natural
Resources a report on the results of the study conducted pursu-
ant to such subsection.
SEC. 6703. RESEARCH AND DEVELOPMENT PROGRAM FOR ADVANCED
VEHICLE MANUFACTURING TECHNOLOGIES.
The Secretary shall carry out a research, development, and dem-
onstration program of advanced vehicle manufacturing technologies
and practices, including innovative, efficient, and sustainable proc-
esses—
(1) to increase the production rate and decrease the cost of
advanced battery and fuel cell manufacturing, including syn-
thesis of precursor materials for electrodes;
(2) to develop technologies enabling flexible manufacturing
facilities that can accommodate different battery chemistries
and configurations;
(3) to reduce or repurpose waste streams, reduce emissions,
and energy intensity of vehicle, engine, advanced battery, and
component manufacturing processes;
(4) to recycle and remanufacture used batteries and other ve-
hicle components for reuse in vehicles or other applications;
(5) to develop manufacturing and additive manufacturing
processes to fabricate, assemble, and produce cost-effective
lightweight materials with enhanced functionality such as ad-
vanced aluminum, steel, and other metal alloys, advanced poly-
mers, polymeric composites, and carbon fiber for use in vehi-
cles and related tooling;
(6) to leverage the use of machine learning toward manufac-
turing and additive manufacturing optimization;
(7) to design and manufacture purpose-built hydrogen fuel
cell vehicles, hydrogen fueling infrastructure, and components;
(8) to improve the lifetime and reduce the lifecycle impacts
of advanced batteries; and
(9) to reuse valuable components and materials such as per-
manent magnets and other electric drive components for ad-
vanced vehicles.
SEC. 6704. AUTHORIZATION OF APPROPRIATIONS.
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There are authorized to be appropriated to the Secretary for re-
search, development, and demonstration, of alternative fuels, vehi-
cle propulsion systems, vehicle components, and other related tech-
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133
nologies in the United States, including activities authorized under
this subtitle—
(1) for fiscal year 2021, $396,000,000;
(2) for fiscal year 2022, $415,800,000;
(3) for fiscal year 2023, $436,590,000;
(4) for fiscal year 2024, $458,419,500; and
(5) for fiscal year 2025, $481,340,475.
82. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE THOMP-
SON OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MIN-
UTES
Add at the end of title V the following:
Subtitle E—Utility Resilience and
Reliability
SEC. 5501. RELIABILITY OF BULK-POWER SYSTEM IN CHANGING CON-
DITIONS.
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this paragraph, the Electric Reliability Organization shall
file with the Federal Energy Regulatory Commission a proposed re-
liability standard, under section 215(d) of the Federal Power Act
(16 U.S.C. 824o(d)), that addresses the reliability of the bulk-power
system and suggestions for how to—
(1) prepare for and adapt to changing conditions; and
(2) withstand and rapidly recover from disruptions, including
disruptions caused by extreme weather conditions.
(b) REGIONAL DIFFERENCES.—The proposed reliability standard
filed under subsection (a) shall take into account regional dif-
ferences.
(c) DEFINITIONS.—In this section, the terms ‘‘bulk-power system’’,
‘‘Electric Reliability Organization’’, and ‘‘reliability standard’’ have
the meanings given those terms in section 215 of the Federal
Power Act (16 U.S.C. 824o).
SEC. 5502. ELECTRIC GRID RESILIENCE EDUCATION PROGRAM.
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this section, the Secretary of Energy shall establish a pro-
gram to provide information and recommendations to States and
electric utilities on how to improve the resilience of electric grids
in regards to climate change and extreme weather events.
(b) ELECTRIC UTILITY DEFINED.—In this section, the term ‘‘elec-
tric utility’’ has the meaning given such term in section 3 of the
Federal Power Act (16 U.S.C. 796).
SEC. 5503. REPORT ON PLANNED ELECTRIC POWER OUTAGES DUE TO
EXTREME WEATHER CONDITIONS.
Not later than 1 year after the date of enactment of this section,
the Secretary of Energy shall submit to Congress a report, and
publish such report on the website of the Department of Energy,
that provides recommendations on how to minimize the need for,
effects of, and duration of, planned electric power outages that are
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due to extreme weather conditions, including such conditions under
which the National Weather Service issues a red flag warning.
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83. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE THOMP-
SON OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MIN-
UTES
Add at the end of title II the following:
Subtitle G—Other
SEC. 2701. AMENDMENT TO ENERGY POLICY ACT OF 2005 DEFINITION
OF RENEWABLE ENERGY.
(a) IN GENERAL.—Section 203 of the Energy Policy Act of 2005
(42 U.S.C. 15852) is amended—
(1) in subsection (b)(2), by striking ‘‘generated’’ and inserting
‘‘produced’’; and
(2) in subsection (c)—
(A) by redesignating paragraphs (1) through (3) as sub-
paragraphs (A) through (C), respectively, and indenting
appropriately;
(B) in the matter preceding subparagraph (A) (as so re-
designated), by striking ‘‘For purposes’’ and inserting the
following:
‘‘(1) IN GENERAL.—For purposes’’; and
(C) by adding at the end the following:
‘‘(2) SEPARATE CALCULATION.—
‘‘(A) IN GENERAL.—For purposes of determining compli-
ance with the requirement of this section, any energy con-
sumption that is avoided through the use of geothermal
energy shall be considered to be renewable energy pro-
duced.
‘‘(B) EFFICIENCY ACCOUNTING.—Energy consumption that
is avoided through the use of geothermal energy that is
considered to be renewable energy under this section shall
not be considered energy efficiency for the purpose of com-
pliance with Federal energy efficiency goals, targets, and
incentives.’’.
(b) CONFORMING AMENDMENT.—Section 2410q(a) of title 10,
United States Code, is amended by striking ‘‘section 203(b)(2) of
the Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2))’’ and insert-
ing ‘‘section 203(b) of the Energy Policy Act of 2005 (42 U.S.C.
15852(b))’’.
84. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TLAIB OF
MICHIGAN OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 894, after line 6, insert the following:
SEC. 12606. REPORT ON EFFECTS OF EMISSIONS FROM FOSSIL FUEL
FACILITIES.
(a) STUDY.—
(1) IN GENERAL.—The Administrator shall conduct a study to
evaluate the effect of emissions from fossil fuel facilities on the
health of environmental justice communities, including such ef-
fects on the environment or that result in adverse human
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health for such communities.
(2) INCLUSION.—In evaluating effects under paragraph (1),
the Administrator of the Environmental Protection Agency
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135
shall consider the distance between fossil fuel facilities and en-
vironmental justice communities.
(b) REPORT.—Not later than 180 days after the date of enactment
of this Act, the Administrator shall submit to Congress a report
that summarizes the study conducted under subsection (a).
(c) DEFINITIONS.—In this section:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Environmental Protection Agency.
(2) ENVIRONMENTAL JUSTICE COMMUNITY.—The term ‘‘envi-
ronmental justice community’’ has the meaning given such
term in section 11001.
(3) FOSSIL FUEL FACILITY.—The term ‘‘fossil fuel facility’’ has
the meaning given such term by the Administrator for pur-
poses of the National Emissions Inventory.
Page 894, line 7, strike ‘‘12606’’ and insert ‘‘12607’’.
85. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TONKO OF
NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 593, after line 17, insert the following new subtitle:
Subtitle G—Low-carbon Fuels
SEC. 6701. STUDY BY NATIONAL ACADEMY OF SCIENCES.
(a) IN GENERAL.—The Administrator of the Environmental Pro-
tection Agency, after consultation with the Secretary of Energy and
the Secretary of Agriculture, shall seek to enter into an agreement
with the National Academy of Sciences (or, if the Academy de-
clines, another appropriate entity) under which the Academy (or
other appropriate entity) agrees to—
(1) assess current methods for life cycle greenhouse gas emis-
sions analyses for low-carbon transportation fuels in the
United States; and
(2) develop a framework for assessing broader environmental
implications of low-carbon transportation fuels in addition to
greenhouse gas emissions.
(b) TIMING OF AGREEMENT.—The Administrator shall seek to
enter into the agreement described in subsection (a) not later than
60 days after the date of enactment of this Act.
(c) ASSESSMENT.—The assessment pursuant to subsection (a)(1)
shall examine methods for calculating life cycle greenhouse gas
emissions associated with transportation fuels (liquid and non-
liquid), including—
(1) direct greenhouse gas emissions, including all stages of
fuel and feedstock production, distribution, and use; and
(2) potentially significant indirect greenhouse gas emissions.
(d) FRAMEWORK.—The framework pursuant to subsection (a)(2)
shall include a recommended framework and approaches for de-
tailed quantitative assessments of the comparative environmental
implications of low-carbon transportation fuels (liquid and non-
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liquid), including—
(1) life cycle implications for air, water, land, and ecosystems
in different regions of the United States and over time; and
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136
(2) potential environmental implications over the life cycle of
transportation fuels for low-income and disadvantaged commu-
nities and communities of color.
(e) REPORTS.—The agreement under subsection (a) shall provide
for the publication by the Academy (or other appropriate entity)
of—
(1) not later than 12 months after the date of enactment of
this Act, a report—
(A) describing the results of the assessment under sub-
section (a)(1); and
(B) recommending a standardized approach to calcu-
lating life cycle greenhouse gas emissions from low-carbon
transportation fuels (liquid and nonliquid); and
(2) not later than 18 months after the date of enactment of
this Act, a report providing recommendations for a framework
to assess environmental implications, in addition to greenhouse
gas emissions, of low-carbon transportation fuels (liquid and
nonliquid).
(f) DEFINITIONS.—In this section:
(1) ACADEMY.—The term ‘‘Academy’’ means the National
Academy of Sciences.
(2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Environmental Protection Agency.
(3) LIFE CYCLE GREENHOUSE GAS EMISSIONS.—The term ‘‘life
cycle greenhouse gas emissions’’ means the aggregate quantity
of greenhouse gas emissions (including direct emissions and
significant indirect emissions such as significant emissions
from land use changes), as determined by the Academy (or
other appropriate entity) over the full life cycle of the respec-
tive greenhouse gases, across all stages of a given fuel’s supply
chain, where the mass values for all greenhouse gases are ad-
justed to account for their relative global warming potential
and residence time.
(4) OTHER APPROPRIATE ENTITY.—The term ‘‘other appro-
priate entity’’ means the other appropriate entity with which
the agreement under subsection (a) is entered into if the Acad-
emy declines to enter into the agreement.
86. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WATERS
OF CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 557, line 24, strike ‘‘and’’.
Page 558, line 6, strike ‘‘census tracts.’’ and insert ‘‘census tracts;
and’’.
Page 558, after line 6, insert the following:
(vi) identify the potential for, and obstacles to, re-
cruiting and entering into contracts with locally-owned
small and disadvantaged businesses, including
women- and minority-owned businesses, to deploy
electric vehicle charging infrastructure in underserved
or disadvantaged communities in major urban areas
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and rural areas.
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137
87. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WATERS
OF CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 41, line 7, strike ‘‘and’’.
Page 41, line 13, strike the period and insert ‘‘; and’’.
Page 41, after line 13, insert the following:
(7) to identify diverse candidates and firms when procuring
for the design and construction of training and assessment cen-
ters.
88. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WATERS
OF CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 664, line 21, strike ‘‘; and’’ and insert a semicolon.
Page 664, line 23, strike the period at the end and insert ‘‘; and’’.
Page 664, after line 23, insert the following:
(E) whether the project will be of benefit or use to di-
verse and underserved communities.
89. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WATERS
OF CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 101, line 10, after ‘‘means’’ insert ‘‘a manufactured home (as
such term is defined in section 603 of the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C.
5402)), or’’.
Page 103, after line 20, insert the following:
(16) MULTIFAMILY BUILDING.—The term ‘‘multifamily build-
ing’’ means a structure with 5 or more tenant-occupied residen-
tial dwelling units that—
(A) is located in the United States;
(B) was constructed before the date of enactment of this
Act; and
(C) is occupied at least 6 months out of the year.
(17) MULTIFAMILY BUILDING OWNER.—The term ‘‘multifamily
building owner’’ means the owner of a tenant-occupied multi-
family building.
Page 106, line 12, before the semicolon insert ‘‘, including energy
audits and assessments relevant to multifamily buildings’’.
Page 106, line 13, after ‘‘home’’ insert ‘‘and multifamily building’’.
Page 112, line 5: after ‘‘homeowner’’ insert ‘‘or multifamily build-
ing owner’’.
Page 112, line 10, before the semicolon insert ‘‘or the household
living in a multifamily building’’.
Page 112, line 13, after ‘‘homeowner’’ insert ‘‘or the household liv-
ing in a multifamily building’’.
Page 114, line 11, after ‘‘home’’ insert ‘‘of a homeowner or house-
hold living in a multifamily building’’.
Page 114, line 22, before the semicolon insert ‘‘or the applicable
multifamily building owner has signed and submitted an agree-
ment with the contractor to provide whole-building aggregate infor-
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mation about the building’s energy use’’.
Page 115, line 1, after ‘‘home’’ insert ‘‘of a homeowner or for the
household living in a multifamily building’’.
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138
Page 115, line 10, after ‘‘homeowner’’ insert ‘‘or multifamily
building owner’’.
Page 115, line 24: after ‘‘homeowners’’ insert ‘‘and multifamily
building owners’’.
Page 116, line 9, after ‘‘homeowner’’ insert ‘‘or multifamily build-
ing owner’’.
Page 125, line 24, before ‘‘is moderate’’ insert ‘‘or that, in the case
of a multifamily building, the majority of households in the build-
ing’’.
Page 126, line 2, strike ‘‘of homeowners’’.
Page 126, lines 18 and 19, strike ‘‘of homeowners’’.
Page 127, line 1, after ‘‘homeowner’’ insert ‘‘or the household liv-
ing in a multifamily building’’.
Page 127, line 5, after ‘‘homeowner’’ insert ‘‘or the household liv-
ing in a multifamily building’’.
Page 128, line 4, before ‘‘that are certified’’ insert ‘‘or multifamily
building owners’’.
Page 128, line 12, before the first comma insert ‘‘and owners’’.
Page 130, line 6, strike ‘‘$1,200,000,000’’ and insert
‘‘$1,600,000,000’’.
90. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WILD OF
PENNSYLVANIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 830, after line 5, insert the following:
PART 3—CLEAN ENERGY ECONOMY
WORKFORCE
SEC. 12121. CLEAN ENERGY ECONOMY WORKFORCE PROGRAM.
(a) DEFINITIONS.—In this section:
(1) COAL-RELATED FACILITY.—The term ‘‘coal-related facility’’
includes a coal mine or coal-fueled electric generating facility.
(2) COAL-RELATED GENERATING FACILITY.—The term ‘‘coal-re-
lated industrial facility’’ includes a facility in the manufac-
turing and transportation supply chains of a coal-related facil-
ity.
(3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a Na-
tional Laboratory, business, or labor organization that dem-
onstrates success in placing graduates of pre-apprenticeship or
apprenticeship programs in jobs relevant to such programs
and—
(A) is directly involved with zero-emission electricity
technology, energy efficiency, or other activity that results
in a reduction in greenhouse gas emissions, as determined
by the Secretary;
(B) works on behalf of a business or labor organization
that is directly involved with zero emission electricity tech-
nology, energy efficiency, or other activity that results in
a reduction in greenhouse gas emissions, as determined by
the Secretary;
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(C) provides services related to—
(i) zero emission electricity technology deployment
and maintenance and energy efficiency;
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139
(ii) grid modernization; or
(iii) reduction in greenhouse gas emissions through
the use of zero-emission energy technologies;
(D) has knowledge of technician workforce needs of a
National Laboratory or covered facility of the National Nu-
clear security Administration and the associated security
requirements of such laboratory or facility;
(E) demonstrates experience in implementing and oper-
ating apprenticeship programs or pre-apprenticeship pro-
grams that provide a direct pathway to an energy-related
career; or
(F) demonstrates success in placing graduates of pre-ap-
prenticeship or apprenticeship programs in jobs relevant to
such programs.
(4) ENERGY TRANSITION WORKER.—The term ‘‘Energy Transi-
tion Worker’’ means a worker, including workers employed by
contractors or subcontractors, terminated, laid off from employ-
ment, or whose work hours have been reduced, on or after the
date of enactment of this Act, from a coal-related facility, coal-
related industrial facility or other energy related entity.
(5) NATIONAL LABORATORY.—The term ‘‘National Laboratory’’
means any of the following laboratories owned by the Depart-
ment of Energy:
(A) Ames Laboratory.
(B) Argonne National Laboratory.
(C) Brookhaven National Laboratory.
(D) Fermi National Accelerator Laboratory.
(E) Idaho National Laboratory.
(F) Lawrence Berkeley National Laboratory.
(G) Lawrence Livermore National Laboratory.
(H) Los Alamos National Laboratory.
(I) National Energy Technology Laboratory.
(J) National Renewable Energy Laboratory.
(K) Oak Ridge National Laboratory.
(L) Pacific Northwest National Laboratory.
(M) Princeton Plasma Physics Laboratory.
(N) Sandia National Laboratories.
(O) Savannah River National Laboratory.
(P) Stanford Linear Accelerator Center.
(Q) Thomas Jefferson National Accelerator Facility.
(6) PROGRAM.—The term ‘‘program’’ means the program es-
tablished under subsection (b).
(b) ESTABLISHMENT.—The Secretary of Energy, in consultation
with the Secretary of Labor, shall establish a program to provide
competitively awarded cost shared grants to eligible entities to pay
for pre-apprenticeship training for individuals or on-the-job train-
ing of a new or existing employee—
(1) to work in zero emission electricity generation, energy ef-
ficiency, or grid modernization;
(2) to work otherwise on the reduction of greenhouse gas
emissions; or
(3) to participate in a pre-apprenticeship program that pro-
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vides a direct pathway to an energy-related career in construc-
tion through one or more apprenticeship programs.
(c) GRANTS.—
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140
(1) IN GENERAL.—An eligible entity desiring a grant under
the program shall submit to the Secretary of Energy an appli-
cation at such time, in such manner, and containing such infor-
mation a the Secretary of Energy may require.
(2) PRIORITY FOR TARGETED COMMUNITIES.—In providing
grants under the program, the Secretary of Energy shall give
priority to an eligible entity that—
(A) recruits employees—
(i) from the 1 or more communities that are served
by the eligible entity; and
(ii) that are minorities, women, veterans, individuals
from Indian Tribes or Tribal organizations, or energy
transition workers;
(B) provides trainees with the opportunity to obtain real-
world experience; or
(C) has fewer than 100 employees; and
(D) in the case of a pre-apprenticeship program, dem-
onstrates—
(i) a multi-year record of successfully recruiting en-
ergy transition workers, minorities, women, and vet-
erans for training and supporting such individuals to
a successful completion of a pre-apprenticeship pro-
gram; and
(ii) a successful multi-year record of placing the ma-
jority of pre-apprenticeship program graduates into
apprenticeship programs in the construction industry.
(3) USE OF GRANT FOR FEDERAL SHARE.—
(A) IN GENERAL.—An eligible entity shall use a grant re-
ceived under the program to—
(i) pay the Federal share of the cost of providing pre-
apprenticeship training or on-the-job training for an
individual, in accordance with subparagraph(B); or
(ii) in the case of a pre-apprenticeship program—
(I) recruiting minorities, women, and veterans
for training;
(II) supporting those individuals in the success-
ful completion of the pre-apprenticeship program;
and
(III) carrying out any other activity of the pre-
apprenticeship program, as determined to be ap-
propriate by the Secretary of Labor, in consulta-
tion with the Secretary.
(B) FEDERAL SHARE AMOUNT.—The Federal share de-
scribed in subparagraph (A)(i) shall not exceed—
(i) in the case of an eligible entity with 20 or fewer
employees, 45 percent of the cost of on-the-job-training
for an employee;
(ii) in the case of an eligible entity with not fewer
than 21 employees and not more than 99 employees,
37.5 percent of the cost of on-the-job-training for an
employee;
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(iii) in the case of an eligible entity with not fewer
than 100 employees, 20 percent of the cost of on-the-
job-training for an employee; and
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141
(iv) in the case of an eligible entity that administers
a pre-apprenticeship program, 75 percent of the cost of
the pre-apprenticeship program.
(4) EMPLOYER PAYMENT OF NON-FEDERAL SHARE.—
(A) IN GENERAL.—The non-Federal share of the cost of
providing on-the-job training for an employee under a
grant received under the program shall be paid in cash or
in kind by the employer of the employee receiving the
training or by a nonprofit organization.
(B) INCLUSIONS.—The non-Federal share described in
subparagraph (A) may include the amount of wages paid
by the employer to the employee during the time that the
employee is receiving on-the-job training, as fairly evalu-
ated by the Secretary of Labor.
(5) CONSTRUCTION.—In providing grants under the program
for training, recruitment, and support relating to construction,
eligible entities shall only include pre-apprenticeship programs
that have an articulation agreement with one or more appren-
ticeship programs.
(6) GRANT AMOUNT.—An eligible entity may not receive more
than $1,000,000 per fiscal year in grant funds under the pro-
gram.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to
be appropriated $25,000,000 to the Secretary of Energy to carry out
the program for each of the fiscal years 2021 through 2030.
Page 9, after the matter relating to section 12113, insert the fol-
lowing:
PART 3—CLEAN ENERGY ECONOMY WORKFORCE
Sec. 12121. Clean Energy Economy Workforce Program.
91. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WILSON
OF SOUTH CAROLINA OR HIS DESIGNEE, DEBATABLE FOR 10 MIN-
UTES
Page 425, line 20, strike ‘‘and’’.
Page 426, line 14, strike the period and insert ‘‘; and’’.
Page 426, after line 14, insert the following:
‘‘(11) evaluate potential demonstration sites across the De-
partment of Energy complex.’’.
92. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BERA OF
CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 500, after line 13, insert the following (and redesignate sub-
sections (c), (d), and (e) as subsections (d), (e), and (f), respectively):
(g) CONCURRENT AND CO-LOCATED DISASTERS.—In carrying out
the program under subsection (a), the Secretary shall support re-
search and development on tools, techniques, and technologies for
improving electric grid and energy sector safety and resilience in
the event of multiple simultaneous or co-located weather or climate
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events leading to extreme conditions, such as extreme wind,
wildfires, and extreme heat.
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142
93. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BLU-
MENAUER OF OREGON OR HIS DESIGNEE, DEBATABLE FOR 10 MIN-
UTES
Page 403, after line 21, insert the following:
(3) REPORT.—The Secretary shall submit annually a public
report to the Congressional Committees of Jurisdiction docu-
menting funds spent under the program, including those that
could benefit the entirety of the existing reactor fleet, such as
with respect to aging management and related sustainability
concerns, and identifying funds awarded to private entities.
Page 407, line 11, insert ‘‘In carrying out this paragraph, the
Secretary shall convene an advisory committee of such individuals
and such committee shall submit annually a report to the relevant
committees of Congress with respect to the progress of the pro-
gram.’’
94. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DEGETTE
OF COLORADO OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
At the end of subtitle F of title XII, add the following:
SEC. ll. GAS WASTE REDUCTION AND ENHANCEMENT OF GAS MEAS-
URING AND REPORTING.
(a) IN GENERAL.—Title I of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1711 et seq.) is amended by
adding at the end the following:
‘‘SEC. 118. GAS WASTE REDUCTION AND ENHANCEMENT OF GAS MEAS-
URING AND REPORTING.
‘‘(a) REGULATIONS FOR PREVENTING AND REDUCING WASTE OF
GAS VIA VENTING, FLARING, AND FUGITIVE RELEASES.—
‘‘(1) REQUIREMENT TO ISSUE REGULATIONS.—Not later than 2
years after the date of enactment of this section, the Secretary
shall issue regulations pursuant to the Secretary’s authority
under the Mineral Leasing Act, the Federal Land Policy and
Management Act of 1976, the Indian Mineral Leasing Act of
1938, and other statutes authorizing the Secretary to regulate
oil and gas activities on Federal land and Indian lands, that
establish requirements for reducing and preventing the waste
of gas, including by venting, flaring, and fugitive releases, from
covered operations.
‘‘(2) CONTENT OF REGULATIONS.—The regulations shall, with
respect to covered operations—
‘‘(A) require that, beginning not later than 3 years after
the date of enactment of this section, each operator cap-
tures at least 85 percent of all gas produced in each year
from each onshore well that is subject to a mineral leasing
law;
‘‘(B) require that, beginning not later than 5 years after
the date of enactment of this section, each operator cap-
tures at least 99 percent of all gas produced in each year
from each onshore well that is subject to a mineral leasing
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law;
‘‘(C) require flaring of gas, rather than venting, in all in-
stances in which gas is not captured;
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‘‘(D) require that every application for a permit to drill
a production well—
‘‘(i) demonstrate sufficient infrastructure and capac-
ity is in place to capture the expected quantity of pro-
duced gas from the well; and
‘‘(ii) be published with an opportunity for a public
comment period of at least 30 days;
‘‘(E) beginning not later than 2 years after the date of
enactment of this section, prohibit all new and refractured
production wells from flaring;
‘‘(F) require the operator of any covered operation that
routinely flares gas before the effective date of a regulation
prohibiting flaring issued pursuant to subparagraph (E) to
submit a gas capture plan to the Secretary not later than
180 days before such effective date that ensures that such
operator will meet the requirements described in subpara-
graphs (A) and (B);
‘‘(G) set performance standards for newly installed
equipment based on modern equipment that minimize gas
loss from—
‘‘(i) storage tanks;
‘‘(ii) dehydrators;
‘‘(iii) compressors;
‘‘(iv) open-ended valves or lines;
‘‘(v) pumps; and
‘‘(vi) such other equipment as the Secretary deter-
mines appropriate to reduce and prevent gas release;
‘‘(H) require that operators replace existing equipment
within one year of the publication date of performance
standards established under subsection (G);
‘‘(I) require the replacement of all high-bleed gas-actu-
ated pneumatic devices with low-bleed or no-bleed devices
not later than 180 days after the date of issuance of the
regulation enacted under subparagraph (A);
‘‘(J) set performance standards based on modern proce-
dures and equipment that minimize gas loss from—
‘‘(i) downhole maintenance;
‘‘(ii) liquids unloading;
‘‘(iii) well completion; and
‘‘(iv) such other procedures as the Secretary deter-
mines appropriate to reduce and prevent gas release;
‘‘(K) require all operators to have leak detection pro-
grams with regularly scheduled inspections that assess the
entire covered operation using an infrared camera or other
equipment with methods that provide overall at least
equivalent sensitivity and effectiveness in detecting leaks
on a timely basis;
‘‘(L) require any leaks found to be repaired promptly,
and in any case not later than 4 weeks after the discovery
of the leak, except where exceptional circumstances war-
rant an extension of not more than 8 additional weeks;
and
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‘‘(M) require recordkeeping for—
‘‘(i) equipment maintenance;
‘‘(ii) leak detection and repair;
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144
‘‘(iii) venting events;
‘‘(iv) flaring events; and
‘‘(v) such other operations as the Secretary deter-
mines appropriate to reduce and prevent gas release.
‘‘(b) GAS MEASURING, REPORTING, AND TRANSPARENCY REQUIRE-
MENTS.—
‘‘(1) IN GENERAL.—The Secretary shall, not later than one
year after the date of enactment of this section, issue regula-
tions requiring each operator to measure and report, with re-
spect to all gas subject to the mineral leasing laws, all such gas
produced, consumed on site, or lost through venting, flaring, or
fugitive releases.
‘‘(2) MEASURING AND REPORTING REQUIREMENTS.—To account
for all gas referred to in paragraph (1), the Secretary shall
issue regulations requiring each operator to—
‘‘(A) measure all production and disposition of gas with
such accuracy that fugitive gas releases can be calculated;
‘‘(B) install metering devices to measure all flared gas;
and
‘‘(C) report to the Secretary the volumes of gas measured
under the requirements described in subparagraph (A), in-
cluding—
‘‘(i) all new measured values for production and dis-
position, including vented and flared volumes; and
‘‘(ii) values for fugitive releases based on guidelines
for their calculation established by the Secretary in
such regulations.
‘‘(3) TRANSPARENCY.—The Secretary shall make all new data
produced under the requirements established by the Secretary
under this subsection, including calculated fugitive releases
and volumes of gas lost to venting and flaring, publicly avail-
able through the internet—
‘‘(A) without a fee or other access charge;
‘‘(B) in a searchable, sortable, and downloadable manner,
to the extent technically possible; and
‘‘(C) as soon as technically practicable after the report by
the operator is filed.
‘‘(c) APPLICATION.—Except as otherwise specified in this section,
the requirements established by the Secretary under this section
shall apply to—
‘‘(1) the construction and operation of any covered operation
initiated, including the refracturing of existing wells, on or
after the date of the issuance of regulations under this section;
and
‘‘(2) after the end of the 1-year period beginning on the date
of the issuance of such regulations, any covered operation initi-
ated before the date of the issuance of such regulations.
‘‘(d) ENFORCEMENT MECHANISMS.—
‘‘(1) IN GENERAL.—The Secretary shall include in the regula-
tions issued under this section consistent enforcement mecha-
nisms for covered operations that are not in compliance with
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the requirements established by the regulations.
‘‘(2) REQUIREMENTS.—The Secretary shall include in the en-
forcement mechanisms described in paragraph (1)—
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145
‘‘(A) civil penalties for unauthorized venting and flaring,
which shall—
‘‘(i) apply in lieu of the penalties and related provi-
sions under section 109; and
‘‘(ii) include production restrictions and civil mone-
tary penalties equivalent to 3 times the market value
of the vented or flared gas; and
‘‘(B) civil penalties that apply to noncompliance with
other new or existing procedures, which shall—
‘‘(i) apply in addition to or in lieu of the penalties
and related provisions under section 109;
‘‘(ii) include production restrictions or monetary pen-
alties, or both; and
‘‘(iii) in the case of monetary penalties, be propor-
tional to market conditions.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) CAPTURE.—The term ‘capture’ means the physical con-
tainment of natural gas for transportation to market or produc-
tive use of natural gas, and includes reinjection and royalty-
free on-site uses.
‘‘(2) COVERED OPERATIONS.—The term ‘covered operations’
means all oil and gas operations that are subject to mineral
leasing law or title V of the Federal Land Policy and Manage-
ment Act of 1976 (30 U.S.C. 1761 et seq.), regardless of size,
including production, storage, gathering, processing, and han-
dling operations.
‘‘(3) FLARE AND FLARING.—The terms ‘flare’ and ‘flaring’
mean the intentional and controlled burning of gas that occurs
in the course of oil and gas operations to limit release of gas
to the atmosphere.
‘‘(4) FUGITIVE RELEASE.—The term ‘fugitive release’ means
the unintentional and uncontrolled release of gas into the at-
mosphere in the course of oil and gas operations.
‘‘(5) GAS CAPTURE PLAN.—The term ‘gas capture plan’ means
a plan that includes specific goals, including equipment and
timelines, for capturing, gathering, and processing gas pro-
duced under an oil or gas lease.
‘‘(6) GAS RELEASE.—The term ‘gas release’ includes all gas
that is discharged to the atmosphere via venting or fugitive re-
lease.
‘‘(7) VENT AND VENTING.—The terms ‘vent’ and ‘venting’
mean the intentional and controlled release of gas into the at-
mosphere in the course of oil and gas operations.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section 1 of
such Act is amended by inserting after the item relating to section
117 the following:
‘‘Sec. 118. Gas waste reduction and enhancement of gas measuring and reporting.’’.
(c) UPDATES.—The Secretary of the Interior shall update the reg-
ulations required by the amendments made by this section when
the Secretary determines appropriate, but no less frequently than
once every ten years, to reflect new information regarding gas
waste, the impacts of that waste, and the availability of tech-
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nologies and performance measures to reduce gas waste.
(d) APPLICATION OF PRIOR RULE.—The final rule entitled ‘‘Waste
Prevention, Production Subject to Royalties, and Resource Con-
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146
servation’’, as published in the Federal Register November 18, 2016
(81 Fed. Reg. 83008), is hereby reinstated, and each of its provi-
sions shall apply unless and until the effective date of a subsequent
final rule promulgated under the amendment made by subsection
(a), or promulgated under another applicable authority, that re-
places or repeals such provision.
(e) ASSESSMENT OF VENTING, FLARING, AND FUGITIVE RE-
LEASES.—Not later than 180 days after the end of the 1-year period
beginning on the date the Secretary of the Interior first receives
data submitted under the requirements established under sub-
section (b) of section 118 of the Federal Oil and Gas Royalty Man-
agement Act of 1982, as amended by this section, the Secretary
shall—
(1) submit a report to Congress describing—
(A) the volume of fugitive releases, and gas consumed or
lost by venting and flaring, from covered operations (as
those terms are used in such section); and
(B) additional regulations the Secretary considers would
help further curtail venting, flaring, and fugitive releases,
or the rational basis for not issuing such additional regula-
tions if the Secretary considers additional regulations
would not be appropriate to further curtail venting, flar-
ing, and fugitive releases; and
(2) issue regulations described in the report required by
paragraph (1)(B) not later than 1 year after the date of the
submission of the report.
95. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE
KRISHNAMOORTHI OF ILLINOIS OR HIS DESIGNEE, DEBATABLE FOR
10 MINUTES
Page 192, beginning on line 4, strike ‘‘eligible entity is located’’ and
insert ‘‘eligible entity is located, which campaign shall include pro-
viding projected environmental benefits achieved under the project,
where to find more information about the program established
under this section, and any other information the Secretary deter-
mines necessary’’.
96. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CLARK OF
MASSACHUSETTS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
At the end of subtitle A of title III, add the following:
SECTION 3115. CARBON DIOXIDE REMOVAL TASK FORCE AND RE-
PORT.
(a) REPORT.—Not later than 180 days after the date of enactment
of this Act, the Secretary of Energy (referred to in this section as
the ‘‘Secretary’’), in consultation with the head of any other rel-
evant Federal agency, shall prepare a report that—
(1) estimates the magnitude of excess carbon dioxide in the
atmosphere that will need to be removed by 2050 to achieve
net-zero emissions and stabilize the climate;
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(2) inventories current and emerging approaches of carbon
dioxide removal and evaluates the advantages and disadvan-
tages of each such approach; and
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147
(3) identifies recommendations for legislation, funding, rules,
revisions to rules, financing mechanisms, or other policy tools
that the Federal Government can use to sufficiently advance
the deployment of carbon dioxide removal projects in order to
meet, in the aggregate, the magnitude of needed removals esti-
mated under paragraph (1), including policy tools such as—
(A) grants;
(B) loans or loan guarantees;
(C) public-private partnerships;
(D) direct procurement;
(E) incentives, including subsidized Federal financing
mechanisms available to project developers;
(F) advance market commitments;
(G) regulations; and
(H) and any other policy mechanism determined by the
Secretary to be beneficial for advancing carbon dioxide re-
moval methods and the deployment of carbon dioxide re-
moval projects.
(b) SUBMISSION; PUBLICATION.—The Secretary shall submit the
report prepared under subsection (a) to the Committee on Energy
and Natural Resources of the Senate and the Committee on Energy
and Commerce of the House of Representatives, and as soon as
practicable, make the report publicly available.
(c) EVALUATION.—The Secretary shall—
(1) not later than 2 years after the publication of the report
under subsection (a), and every 2 years thereafter, evaluate the
findings and recommendations of the report, taking into con-
sideration any issues and recommendations identified by the
task force established under subsection (d); and
(2) after each evaluation under paragraph (1), revise the re-
port as necessary and submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Energy
and Commerce of the House of Representatives an updated re-
port.
(d) TASK FORCE.—
(1) ESTABLISHMENT AND DUTIES.—Not later than 60 days
after the date of enactment of this Act, the Secretary shall es-
tablish a task force to—
(A) identify barriers to advancement of carbon dioxide
removal methods and the deployment of carbon dioxide re-
moval projects;
(B) inventory existing or potential Federal legislation,
rules, revisions to rules, financing mechanisms, or other
policy tools that are capable of advancing carbon dioxide
removal methods and the deployment of carbon dioxide re-
moval projects;
(C) assist in drafting the report described in subsection
(a) and any updates thereto; and
(D) advise the Secretary on matters pertaining to carbon
dioxide removal.
(2) MEMBERS AND SELECTION.—The Secretary shall—
(A) develop criteria for the selection of members to the
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task force; and
(B) select members for the task force in accordance with
the criteria developed under subparagraph (A).
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148
(3) MEETINGS.—The task force shall meet not less than once
each year.
(4) EVALUATION.—Not later than 7 years after the date of en-
actment of this Act, the Secretary shall—
(A) reevaluate the need for the task force; and
(B) submit to Congress a recommendation as to whether
the task force should continue.
(e) CARBON DIOXIDE REMOVAL DEFINITION.—In this section, the
term ‘‘carbon dioxide removal’’ means the capture of carbon dioxide
directly from ambient air or, in dissolved form, from seawater, com-
bined with the sequestration of such carbon dioxide, including
through direct air capture and sequestration, enhanced carbon
mineralization, bioenergy with carbon capture and sequestration,
forest restoration, soil carbon management, and direct ocean cap-
ture.
97. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BLUNT
ROCHESTER OF DELAWARE OR HER DESIGNEE, DEBATABLE FOR 10
MINUTES
Add at the end of title VI the following:
Subtitle G—Climate Action Planning for
Ports
SEC. 6701. GRANTS TO REDUCE GREENHOUSE GAS EMISSIONS AT
PORTS.
(a) GRANTS.—The Administrator of the Environmental Protection
Agency may award grants to eligible entities—
(1) to implement plans to reduce greenhouse gas emissions
at one or more ports or port facilities within the jurisdictions
of the respective eligible entities; and
(2) to develop climate action plans described in subsection
(b)(2).
(b) APPLICATION.—
(1) IN GENERAL.—To seek a grant under this section, an eligi-
ble entity shall submit an application to the Administrator of
the Environmental Protection Agency at such time, in such
manner, and containing such information and assurances as
the Administrator may require.
(2) CLIMATE ACTION PLAN.—At a minimum, each such appli-
cation shall contain—
(A) a detailed and strategic plan, to be known as a cli-
mate action plan, that outlines how the eligible entity will
develop and implement climate change mitigation or adap-
tation measures through the grant; or
(B) a request pursuant to subsection (a)(2) for funding
for the development of a climate action plan.
(3) REQUIRED COMPONENTS.—A climate action plan under
paragraph (2) shall demonstrate that the measures proposed to
be implemented through the grant—
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(A) will reduce greenhouse gas emissions at the port or
port facilities involved pursuant to greenhouse gas emis-
sion reduction goals set forth in the climate action plan;
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149
(B) will reduce other air pollutants at the port or port
facilities involved pursuant to criteria pollutant emission
reduction goals set forth in the climate action plan;
(C) will implement emissions accounting and inventory
practices to determine baseline emissions and measure
progress; and
(D) will ensure labor protections for workers employed
directly at the port or port facilities involved, including
by—
(i) demonstrating that implementation of the meas-
ures proposed to be implemented through the grant
will not result in a net loss of jobs at the port or port
facilities involved;
(ii) ensuring that laborers and mechanics employed
by contractors and subcontractors on construction
projects to implement the plan will be paid wages not
less than those prevailing on similar construction in
the locality, as determined by the Secretary of Labor
under sections 3141 through 3144, 3146, and 3147 of
title 40, United States Code; and
(iii) requiring any projects initiated to carry out the
plan with total capital costs of $1,000,000 or greater
to utilize a project labor agreement and not impact
any preexisting project labor agreement.
(4) OTHER COMPONENTS.—In addition to the components re-
quired by paragraph (3), a climate action plan under para-
graph (2) shall demonstrate that the measures proposed to be
implemented through the grant will do at least 2 of the fol-
lowing:
(A) Improve energy efficiency at a port or port facility,
including by using—
(i) energy-efficient vehicles, such as hybrid, low-
emission, or zero-emission vehicles;
(ii) energy efficient cargo-handling, harbor vessels,
or storage facilities such as energy-efficient refrigera-
tion equipment;
(iii) energy-efficient lighting;
(iv) shore power; or
(v) other energy efficiency improvements.
(B) Deploy technology or processes that reduce idling of
vehicles at a port or port facility.
(C) Reduce the direct emissions of greenhouse gases and
other air pollutants with a goal of achieving zero emis-
sions, including by replacing and retrofitting equipment
(including vehicles onsite, cargo-handling equipment, or
harbor vessels) at a port or port facility.
(5) PROHIBITED USE.—An eligible entity may not use a grant
provided under this section—
(A) to purchase fully automated cargo handling equip-
ment;
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(B) to build, or plan to build, terminal infrastructure
that is designed for fully automated cargo handling equip-
ment;
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(C) to purchase, test, or develop highly automated
trucks, chassis, or any related equipment that can be used
to transport containerized freight; or
(D) to extend to any independent contractor, inde-
pendent owner, operator, or other entity that is not using
employees for the sake of performing work on terminal
grounds.
(6) COORDINATION WITH STAKEHOLDERS.—In developing a cli-
mate action plan under paragraph (2), an eligible entity shall—
(A) identify and collaborate with stakeholders who may
be affected by the plan, including local environmental jus-
tice communities and other near-port communities;
(B) address the potential cumulative effects of the plan
on stakeholders when those effects may have a commu-
nity-level impact; and
(C) ensure effective advance communication with stake-
holders to avoid and minimize conflicts.
(c) PRIORITY.—In awarding grants under this section, the Admin-
istrator of the Environmental Protection Agency shall give priority
to applicants proposing—
(1) to strive for zero emissions as a key strategy within the
grantee’s climate action plan under paragraph (2);
(2) to take a regional approach to reducing greenhouse gas
emissions at ports;
(3) to collaborate with near-port communities to identify and
implement mutual solutions to reduce air pollutants at ports or
port facilities affecting such communities, with emphasis given
to implementation of such solutions in near-port communities
that are environmental justice communities;
(4) to implement activities with off-site benefits, such as by
reducing air pollutants from vehicles, equipment, and vessels
at sites other than the port or port facilities involved; and
(5) to reduce localized health risk pursuant to health risk re-
duction goals that are set within the grantee’s climate action
plan under paragraph (2).
(d) MODEL METHODOLOGIES.—The Administrator of the Environ-
mental Protection Agency shall—
(1) develop model methodologies which grantees under this
section may choose to use for emissions accounting and inven-
tory practices referred to in subsection (b)(3)(C); and
(2) ensure that such methodologies are designed to measure
progress in reducing air pollution at near-port communities.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘Administrator’’ means the Administrator of the
Environmental Protection Agency.
(2) The term ‘‘cargo-handling equipment’’ includes—
(A) ship-to-shore container cranes and other cranes;
(B) container-handling equipment; and
(C) equipment for moving or handling cargo, including
trucks, reachstackers, toploaders, and forklifts.
(3) The term ‘‘eligible entity’’ means—
(A) a port authority;
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(B) a State, regional, local, or Tribal agency that has ju-
risdiction over a port authority or a port;
(C) an air pollution control district; or
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151
(D) a private entity (including any nonprofit organiza-
tion) that—
(i) applies for a grant under this section in collabora-
tion with an entity described in subparagraph (A), (B),
or (C) ; and
(ii) owns, operates, or uses a port facility, cargo
equipment, transportation equipment, related tech-
nology, or a warehouse facility at a port or port facil-
ity.
(4) The term ‘‘environmental justice community’’ means a
community with significant representation of communities of
color, low-income communities, or Tribal and indigenous com-
munities, that experiences, or is at risk of experiencing, higher
or more adverse human health or environmental effects.
(5) The term ‘‘harbor vessel’’ includes a ship, boat, lighter, or
maritime vessel designed for service at and around harbors
and ports.
(6) The term ‘‘inland port’’ means a logistics or distribution
hub that is located inland from navigable waters, where cargo,
such as break-bulk cargo or cargo in shipping containers, is
processed, stored, and transferred between trucks, rail cars, or
aircraft.
(7) The term ‘‘port’’ includes an inland port.
(8) The term ‘‘stakeholder’’ means residents, community
groups, businesses, business owners, labor unions, commission
members, or groups from which a near-port community draws
its resources that—
(A) have interest in the climate action plan of a grantee
under this section; or
(B) can affect or be affected by the objectives and policies
of such a climate action plan.
(f) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—To carry out this subtitle, there is author-
ized to be appropriated $250,000,000 for each of fiscal years
2021 through 2025.
(2) DEVELOPMENT OF CLIMATE ACTION PLANS.—In addition to
the authorization of appropriations in paragraph (1), there is
authorized to be appropriated for grants pursuant to sub-
section (a)(2) to develop climate action plans $50,000,000 for
fiscal year 2021, to remain available until expended.
98. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LUJÁN OF
NEW MEXICO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Add at the end of title VIII the following:
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Subtitle D—Increasing and Mobilizing
Partnerships to Achieve Commercializa-
tion of Technologies for Energy
SEC. 8401. SHORT TITLE.
This subtitle may be cited as the ‘‘Increasing and Mobilizing
Partnerships to Achieve Commercialization of Technologies for En-
ergy Act’’ or the ‘‘IMPACT for Energy Act’’.
SEC. 8402. DEFINITIONS.
In this subtitle:
(1) BOARD.—The term ‘‘Board’’ means the Board of Directors
described in section 8403(b)(1).
(2) DEPARTMENT.—The term ‘‘Department’’ means the De-
partment of Energy.
(3) EXECUTIVE DIRECTOR.—The term ‘‘Executive Director’’
means the Executive Director described in section 8403(e)(1).
(4) FOUNDATION.—The term ‘‘Foundation’’ means the Energy
Technology Commercialization Foundation established under
section 8403(a).
(5) NATIONAL LABORATORY.—The term ‘‘National Laboratory’’
has the meaning given the term in section 2 of the Energy Pol-
icy Act of 2005 (42 U.S.C. 15801).
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Energy.
SEC. 8403. ENERGY TECHNOLOGY COMMERCIALIZATION FOUNDA-
TION.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a nonprofit
corporation to be known as the ‘‘Energy Technology Commer-
cialization Foundation’’.
(2) MISSION.—The mission of the Foundation shall be—
(A) to support the mission of the Department; and
(B) to advance collaboration with energy researchers, in-
stitutions of higher education, industry, and nonprofit and
philanthropic organizations to accelerate the commer-
cialization of energy technologies.
(3) LIMITATION.—The Foundation shall not be an agency or
instrumentality of the Federal Government.
(4) TAX-EXEMPT STATUS.—The Board shall take all necessary
and appropriate steps to ensure that the Foundation receives
a determination from the Internal Revenue Service that it is
an organization that is described in section 501(c) of the Inter-
nal Revenue Code of 1986, and exempt from taxation under
section 501(a) of such Code.
(5) COLLABORATION WITH EXISTING ORGANIZATIONS.—The
Secretary may collaborate with 1 or more organizations to es-
tablish the Foundation and carry out the activities of the Foun-
dation.
(b) BOARD OF DIRECTORS.—
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(1) ESTABLISHMENT.—The Foundation shall be governed by a
Board of Directors.
(2) COMPOSITION.—
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153
(A) IN GENERAL.—The Board shall be composed of the
members described in subparagraph (B).
(B) BOARD MEMBERS.—
(i) INITIAL MEMBERS.—The Secretary shall—
(I) enter into a contract with the National Acad-
emies of Sciences, Engineering, and Medicine to
develop a list of individuals to serve as members
of the Board who are well-qualified and will meet
the requirements of clauses (ii) and (iii); and
(II) appoint the initial members of the Board, in
consultation with the National Academies of
Sciences, Engineering, and Medicine, with the re-
quirements of clauses (ii) and (iii).
(ii) REPRESENTATION.—The members of the Board
shall reflect a broad cross-section of stakeholders from
academia, industry, nonprofit organizations, State or
local governments, the investment community, the
philanthropic community, and management and oper-
ating contractors of the National Laboratories.
(iii) EXPERIENCE.—The Secretary shall ensure that a
majority of the members of the Board—
(I)(aa) has experience in the energy sector;
(bb) has research experience in the energy field;
or
(cc) has experience in technology commercializa-
tion or foundation operations; and
(II) to the extent practicable, represents diverse
regions and energy sectors.
(3) CHAIR AND VICE CHAIR.—
(A) IN GENERAL.—The Board shall designate from among
the members of the Board—
(i) an individual to serve as Chair of the Board; and
(ii) an individual to serve as Vice Chair of the
Board.
(B) TERMS.—The term of service of the Chair and Vice
Chair of the Board shall end on the earlier of—
(i) the date that is 3 years after the date on which
the Chair or Vice Chair of the Board, as applicable, is
designated for the position; and
(ii) the last day of the term of service of the member,
as determined under paragraph (4)(A), who is des-
ignated to be Chair or Vice Chair of the Board, as ap-
plicable.
(C) REPRESENTATION.—The Chair and Vice Chair of the
Board—
(i) shall not be representatives of the same area or
entity, as applicable, under paragraph (2)(B)(ii); and
(ii) shall not be representatives of any area or enti-
ty, as applicable, represented by the immediately pre-
ceding Chair and Vice Chair of the Board.
(4) TERMS AND VACANCIES.—
(A) TERMS.—
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(i) IN GENERAL.—Except as provided in clause (ii),
the term of service of each member of the Board shall
be 5 years.
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(ii) INITIAL MEMBERS.—Of the initial members of the
Board appointed under paragraph (2)(B)(i), half of the
members shall serve for 4 years and half of the mem-
bers shall serve for 5 years, as determined by the
Chair of the Board.
(B) VACANCIES.—Any vacancy in the membership of the
Board—
(i) shall be filled in accordance with the bylaws of
the Foundation by an individual capable of rep-
resenting the same area or entity, as applicable, as
represented by the vacating board member under
paragraph (2)(B)(ii);
(ii) shall not affect the power of the remaining mem-
bers to execute the duties of the Board; and
(iii) shall be filled by an individual selected by the
Board.
(5) MEETINGS; QUORUM.—
(A) INITIAL MEETING.—Not later than 60 days after the
Board is established, the Secretary shall convene a meet-
ing of the members of the Board to incorporate the Foun-
dation.
(B) QUORUM.—A majority of the members of the Board
shall constitute a quorum for purposes of conducting the
business of the Board.
(6) DUTIES.—The Board shall—
(A) establish bylaws for the Foundation in accordance
with paragraph (7);
(B) provide overall direction for the activities of the
Foundation and establish priority activities;
(C) carry out any other necessary activities of the Foun-
dation;
(D) evaluate the performance of the Executive Director;
and
(E) actively solicit and accept funds, gifts, grants, de-
vises, or bequests of real or personal property to the Foun-
dation, including from private entities.
(7) BYLAWS.—
(A) IN GENERAL.—The bylaws established under para-
graph (6)(A) may include—
(i) policies for the selection of Board members, offi-
cers, employees, agents, and contractors of the Foun-
dation;
(ii) policies, including ethical standards, for—
(I) the acceptance, solicitation, and disposition
of donations and grants to the Foundation, includ-
ing appropriate limits on the ability of donors to
designate, by stipulation or restriction, the use or
recipient of donated funds; and
(II) the disposition of assets of the Foundation;
(iii) policies that subject all employees, fellows,
trainees, and other agents of the Foundation (includ-
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ing members of the Board) to conflict of interest stand-
ards; and
(iv) the specific duties of the Executive Director.
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(B) REQUIREMENTS.—The Board shall ensure that the
bylaws of the Foundation and the activities carried out
under those bylaws shall not—
(i) reflect unfavorably on the ability of the Founda-
tion to carry out activities in a fair and objective man-
ner; or
(ii) compromise, or appear to compromise, the integ-
rity of any governmental agency or program, or any of-
ficer or employee employed by, or involved in, a gov-
ernmental agency or program.
(8) COMPENSATION.—
(A) IN GENERAL.—No member of the Board shall receive
compensation for serving on the Board.
(B) CERTAIN EXPENSES.—In accordance with the bylaws
of the Foundation, members of the Board may be reim-
bursed for travel expenses, including per diem in lieu of
subsistence, and other necessary expenses incurred in car-
rying out the duties of the Board.
(c) PURPOSE.—The purpose of the Foundation is to increase pri-
vate and philanthropic sector investments that support efforts to
create, develop, and commercialize innovative technologies that ad-
dress crosscutting national energy challenges by methods that in-
clude—
(1) fostering collaboration and partnerships with researchers
from the Federal Government, State governments, institutions
of higher education, federally funded research and develop-
ment centers, industry, and nonprofit organizations for the re-
search, development, or commercialization of transformative
energy and associated technologies;
(2)(A) strengthening regional economic development through
scientific and energy innovation; and
(B) disseminating lessons learned from that development to
foster the creation and growth of new regional energy innova-
tion clusters;
(3) promoting new product development that supports job
creation;
(4) administering prize competitions to accelerate private
sector competition and investment; and
(5) supporting programs that advance technologies from the
prototype stage to a commercial stage.
(d) ACTIVITIES.—
(1) STUDIES, COMPETITIONS, AND PROJECTS.—The Foundation
may conduct and support studies, competitions, projects, and
other activities that further the purpose of the Foundation de-
scribed in subsection (c).
(2) FELLOWSHIPS AND GRANTS.—
(A) IN GENERAL.—The Foundation may award fellow-
ships and grants for activities relating to research, devel-
opment, demonstration, maturation, or commercialization
of energy and other Department-supported technologies.
(B) FORM OF AWARD.—A fellowship or grant under sub-
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paragraph (A) may consist of a stipend, health insurance
benefits, funds for travel, and funds for other appropriate
expenses.
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(C) SELECTION.—In selecting a recipient for a fellowship
or grant under subparagraph (A), the Foundation—
(i) shall make the selection based on the technical
and commercialization merits of the proposed project
of the potential recipient; and
(ii) may consult with a potential recipient regarding
the ability of the potential recipient to carry out var-
ious projects that would further the purpose of the
Foundation described in subsection (c).
(D) NATIONAL LABORATORIES.—A National Laboratory
that applies for or accepts a grant under subparagraph (A)
shall not be considered to be engaging in a competitive
process.
(3) ACCESSING FACILITIES AND EXPERTISE.—The Foundation
may work with the Department—
(A) to leverage the capabilities and facilities of National
Laboratories to commercialize technology; and
(B) to assist with resources, including through the devel-
opment of internet websites that provide information on
the capabilities and facilities of each National Laboratory
relating to the commercialization of technology.
(4) TRAINING AND EDUCATION.—The Foundation may support
programs that provide commercialization training to research-
ers, scientists, and other relevant personnel at National Lab-
oratories and institutions of higher education to help commer-
cialize federally funded technology.
(5) MATURATION FUNDING.—The Foundation shall support
programs that provide maturation funding to researchers to
advance the technology of those researchers for the purpose of
moving products from a prototype stage to a commercial stage.
(6) STAKEHOLDER ENGAGEMENT.—The Foundation shall con-
vene, and may consult with, representatives from the Depart-
ment, institutions of higher education, National Laboratories,
the private sector, and commercialization organizations to de-
velop programs for the purpose of the Foundation described in
subsection (c) and to advance the activities of the Foundation.
(7) INDIVIDUAL LABORATORY FOUNDATIONS PROGRAM.—
(A) DEFINITION OF INDIVIDUAL LABORATORY FOUNDA-
TION.—In this paragraph, the term ‘‘Individual Laboratory
Foundation’’ means a Laboratory Foundation established
by a National Laboratory.
(B) SUPPORT.—The Foundation shall provide support to
and collaborate with Individual Laboratory Foundations.
(C) GUIDELINES AND TEMPLATES.—For the purpose of
providing support under subparagraph (B), the Secretary
shall establish suggested guidelines and templates for In-
dividual Laboratory Foundations, including—
(i) a standard adaptable organizational design for
the responsible management of an Individual Labora-
tory Foundation;
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(ii) standard and legally tenable bylaws and money-
handling procedures for Individual Laboratory Foun-
dations; and
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157
(iii) a standard training curriculum to orient and ex-
pand the operating expertise of personnel employed by
an Individual Laboratory Foundation.
(D) AFFILIATIONS.—Nothing in this paragraph requires—
(i) an existing Individual Laboratory Foundation to
modify current practices or affiliate with the Founda-
tion; or
(ii) an Individual Laboratory Foundation to be
bound by charter or corporate bylaws as permanently
affiliated with the Foundation.
(8) SUPPLEMENTAL PROGRAMS.—The Foundation may carry
out supplemental programs—
(A) to conduct and support forums, meetings, con-
ferences, courses, and training workshops consistent with
the purpose of the Foundation described in subsection (c);
(B) to support and encourage the understanding and de-
velopment of—
(i) data that promotes the translation of technologies
from the research stage, through the development and
maturation stage, and ending in the market stage; and
(ii) policies that make regulation more effective and
efficient by leveraging the technology translation data
described in clause (i) for the regulation of relevant
technology sectors;
(C) for writing, editing, printing, publishing, and vend-
ing books and other materials relating to research carried
out under the Foundation and the Department; and
(D) to conduct other activities to carry out and support
the purpose of the Foundation described in subsection (c).
(9) EVALUATIONS.—The Foundation shall support the devel-
opment of an evaluation methodology, to be used as part of any
program supported by the Foundation, that shall—
(A) consist of qualitative and quantitative metrics; and
(B) include periodic third party evaluation of those pro-
grams and other activities of the Foundation.
(10) COMMUNICATIONS.—The Foundation shall develop an ex-
pertise in communications to promote the work of grant and
fellowship recipients under paragraph (2), the commercializa-
tion successes of the Foundation, opportunities for partnership
with the Foundation, and other activities.
(e) ADMINISTRATION.—
(1) EXECUTIVE DIRECTOR.—The Board shall hire an Executive
Director of the Foundation, who shall serve at the pleasure of
the Board.
(2) ADMINISTRATIVE CONTROL.—No member of the Board, of-
ficer or employee of the Foundation or of any program estab-
lished by the Foundation, or participant in a program estab-
lished by the Foundation, shall exercise administrative control
over any Federal employee.
(3) STRATEGIC PLAN.—Not later than 1 year after the date of
enactment of this Act, the Foundation shall submit to the Com-
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mittee on Energy and Natural Resources of the Senate and the
Committee on Science, Space, and Technology of the House of
Representatives a strategic plan that contains—
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(A) a plan for the Foundation to become financially self-
sustaining in fiscal year 2022 and thereafter (except for
the amounts provided each fiscal year under subsection
(l)(1)(C));
(B) a forecast of major crosscutting energy challenge op-
portunities, including short- and long-term objectives,
identified by the Board, with input from communities rep-
resenting the entities and areas, as applicable, described
in subsection (b)(2)(B)(ii);
(C) a description of the efforts that the Foundation will
take to be transparent in the processes of the Foundation,
including processes relating to—
(i) grant awards, including selection, review, and no-
tification;
(ii) communication of past, current, and future re-
search priorities; and
(iii) solicitation of and response to public input on
the opportunities identified under subparagraph (B);
and
(D) a description of the financial goals and benchmarks
of the Foundation for the following 10 years.
(4) ANNUAL REPORT.—Not later than 1 year after the date on
which the Foundation is established, and every 2 years there-
after, the Foundation shall submit to the Committee on Energy
and Natural Resources of the Senate, the Committee on
Science, Space, and Technology of the House of Representa-
tives, and the Secretary a report that, for the year covered by
the report—
(A) describes the activities of the Foundation and the
progress of the Foundation in furthering the purpose of the
Foundation described in subsection (c);
(B) provides a specific accounting of the source and use
of all funds made available to the Foundation to carry out
those activities;
(C) describes how the results of the activities of the
Foundation could be incorporated into the procurement
processes of the General Services Administration; and
(D) includes a summary of each evaluation conducted
using the evaluation methodology described in subsection
(d)(9).
(5) EVALUATION BY COMPTROLLER GENERAL.—Not later than
5 years after the date on which the Foundation is established,
the Comptroller General of the United States shall submit to
the Committee on Energy and Natural Resources of the Senate
and the Committee on Science, Space, and Technology of the
House of Representatives—
(A) an evaluation of—
(i) the extent to which the Foundation is achieving
the mission of the Foundation; and
(ii) the operation of the Foundation; and
(B) any recommendations on how the Foundation may be
improved.
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(6) AUDITS.—The Foundation shall—
(A) provide for annual audits of the financial condition
of the Foundation; and
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(B) make the audits, and all other records, documents,
and papers of the Foundation, available to the Secretary
and the Comptroller General of the United States for ex-
amination or audit.
(7) SEPARATE FUND ACCOUNTS.—The Board shall ensure that
any funds received under subsection (l)(1) are held in a sepa-
rate account from any other funds received by the Foundation.
(8) INTEGRITY.—
(A) IN GENERAL.—To ensure integrity in the operations
of the Foundation, the Board shall develop and enforce
procedures relating to standards of conduct, financial dis-
closure statements, conflicts of interest (including recusal
and waiver rules), audits, and any other matters deter-
mined appropriate by the Board.
(B) FINANCIAL CONFLICTS OF INTEREST.—Any individual
who is an officer, employee, or member of the Board is pro-
hibited from any participation in deliberations by the
Foundation of a matter that would directly or predictably
affect any financial interest of—
(i) the individual;
(ii) a relative (as defined in section 109 of the Ethics
in Government Act of 1978 (5 U.S.C. App.)) of that in-
dividual; or
(iii) a business organization or other entity in which
the individual has an interest, including an organiza-
tion or other entity with which the individual is nego-
tiating employment.
(9) INTELLECTUAL PROPERTY.—The Board shall adopt written
standards to govern the ownership and licensing of any intel-
lectual property rights developed by the Foundation or derived
from the collaborative efforts of the Foundation.
(10) LIABILITY.—The United States shall not be liable for any
debts, defaults, acts, or omissions of the Foundation nor shall
the full faith and credit of the United States extend to any ob-
ligations of the Foundation.
(11) NONAPPLICABILITY OF FACA.—The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Founda-
tion.
(f) DEPARTMENT COLLABORATION.—
(1) NATIONAL LABORATORIES.—The Secretary shall collabo-
rate with the Foundation to develop a process to ensure col-
laboration and coordination between the Department, the
Foundation, and National Laboratories—
(A) to streamline contracting processes between National
Laboratories and the Foundation, including by—
(i) streamlining the ability of the Foundation to
transfer equipment and funds to National Labora-
tories;
(ii) standardizing contract mechanisms to be used by
the Foundation; and
(iii) streamlining the ability of the Foundation to
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fund endowed positions at National Laboratories;
(B) to allow a National Laboratory or site of a National
Laboratory—
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160
(i) to accept and perform work for the Foundation,
consistent with provided resources, notwithstanding
any other provision of law governing the administra-
tion, mission, use, or operations of the National Lab-
oratory or site, as applicable; and
(ii) to perform that work on a basis equal to other
missions at the National Laboratory; and
(C) to permit the director of any National Laboratory or
site of a National Laboratory to enter into a cooperative re-
search and development agreement or negotiate a licensing
agreement with the Foundation pursuant to section 12 of
the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3710a).
(2) DEPARTMENT LIAISONS.—The Secretary shall appoint liai-
sons from across the Department to collaborate and coordinate
with the Foundation.
(3) ADMINISTRATION.—The Secretary shall leverage appro-
priate arrangements, contracts, and directives to carry out the
process developed under paragraph (1).
(g) NATIONAL SECURITY.—Nothing in this section exempts the
Foundation from any national security policy of the Department.
(h) SUPPORT SERVICES.—The Secretary shall provide facilities,
utilities, and support services to the Foundation if it is determined
by the Secretary to be advantageous to the research programs of
the Department.
(i) PREEMPTION OF AUTHORITY.—This section shall not preempt
any authority or responsibility of the Secretary under any other
provision of law.
(j) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be appropriated—
(A) to the Secretary, not less than $1,500,000 for fiscal
year 2021 to establish the Foundation;
(B) to the Foundation, not less than $30,000,000 for fis-
cal year 2021 to carry out the activities of the Foundation;
and
(C) to the Foundation, not less than $3,000,000 for fiscal
year 2022, and each fiscal year thereafter, for administra-
tive and operational costs.
(2) COST SHARE.—Funds made available under paragraph
(1)(B) shall be required to be cost-shared by a partner of the
Foundation other than the Department.
Æ
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