#aafth ,,congress #b;d ,session ,h4 ,r4 #dddg ,,an ,,act ,to establish an energy storage and microgrid grant and technical assistance program4 #a4 ,short title 7a7 ,short title ,this ,act may be cited as the ,clean ,economy ,jobs and ,innovation ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,title ,i--,energy ,efficiency ,subtitle ,a--,buildings ,part #a--;,building ,energy ,codes ,sec4 #aaja4 ,greater energy efficiency in building codes4 ,sec4 #aajb4 ,cost-effective codes implementation for efficiency and resilience4 ,sec4 #aajc4 ,commercial building energy consumption information sharing4 ,part #b--,worker training and capacity building ,sec4 #aaaa4 ,building training and assessment centers4 ,sec4 #aaab4 ,career skills training4 ,part #c--,school buildings ,sec4 #aaba4 ,coordination of energy retrofitting assistance for schools4 ,sec4 #aabb4 ,grants for energy efficiency improvements and renewable energy improvements at public school facilities4 ,part #d--,national ,institute of ,standards and ,technology ,sec4 #aacb4 ,research for effectiveness and standards4 ,subtitle ,b--,industrial efficiency and competitiveness ,part #a--,manufacturing energy efficiency ,sec4 #abja4 ,purposes4 ,sec4 #abjb4 ,future of ,industry program and industrial research and assessment centers4 ,sec4 #abjc4 ,sustainable manufacturing initiative4 ,sec4 #abjd4 ,conforming amendments4 ,part #b--;,extended product system rebate program ,sec4 #abaa4 ,extended ,product ,system ,rebate ,program4 ,part #c--,transformer rebate program ,sec4 #abba4 ,energy ,efficient ,transformer ,rebate ,program4 ,subtitle ,c--,federal agency energy efficiency ,sec4 #acja4 ,energy-efficient and energy-saving information technologies4 ,sec4 #acjb4 ,energy efficient data centers4 ,subtitle ,d--,regulatory ,provisions ,part #a--;,federal green buildings ,sec4 #adja4 ,high-performance green ,federal buildings4 ,part #b--;,energy and water performance requirements for ,federal buildings ,sec4 #adaa4 ,federal ,energy ,management ,program4 ,sec4 #adab4 ,federal building energy efficiency performance standards2 certification system and level for green buildings4 ,sec4 #adac4 ,use of energy and water efficiency measures in ,federal buildings4 ,subtitle ,e--,,hope for ,,homes ,sec4 #aeja4 ,definitions4 ,part #a--;,hope training ,sec4 #aeaa4 ,notice for ,,hope ,qualification training and grants4 ,sec4 #aeab4 ,course criteria4 ,sec4 #aeac4 ,,hope ,qualification4 ,sec4 #aead4 ,grants4 ,sec4 #aeae4 ,authorization of appropriations4 ,part #b--;,home ,energy ,savings ,retrofit ,rebate ,program ,sec4 #aeba4 ,establishment of ,home ,energy ,savings ,retrofit ,rebate ,program4 ,sec4 #aebb4 ,partial system rebates4 ,sec4 #aebc4 ,state administered rebates4 ,sec4 #aebd4 ,special provisions for moderate income households4 ,sec4 #aebe4 ,evaluation reports to ,congress4 ,sec4 #aebf4 ,administration4 ,sec4 #aebg4 ,authorization of appropriations4 ,part #c--;,general provisions ,sec4 #aeca4 ,appointment of personnel4 ,sec4 #aecb4 ,maintenance of funding4 ,subtitle ,f--,weatherization ,sec4 #afja4 ,weatherization assistance program4 ,sec4 #afjb4 ,report on waivers4 ,sec4 #afjc4 ,application of wage rate requirements to ,weatherization ,assistance ,program4 ,sec4 #afjd4 ,prohibition on category #a respiratory sensitizers4 ,subtitle ,g--,energy and ,water ,research ,integration ,sec4 #agja4 ,integrating energy and water research4 ,sec4 #agjb4 ,energy-water oversight and coordination4 ,sec4 #agjc4 ,rule of construction4 ,sec4 #agjd4 ,coordination and nonduplication4 ,sec4 #agje4 ,definitions4 ,subtitle ,h--,other matters ,sec4 #ahja4 ,modifications to the ceiling fan energy conservation standard4 ,sec4 #ahjb4 ,smart energy and water efficiency program4 ,sec4 #ahjc4 ,energy ,efficiency and ,conservation ,block ,grant ,program4 ,sec4 #ahjd4 ,energy efficient public buildings4 ,sec4 #ahje4 ,smart buildings4 ,sec4 #ahjf4 ,water heaters4 ,sec4 #ahjg4 ,rebate program for energy efficient electrotechnologies4 ,sec4 #ahjh4 ,removing barriers to efficiency4 ,sec4 #ahji4 ,home ,wildfire ,risk ,reduction ,rebate ,program4 ,title ,,ii--,renewable ,energy ,subtitle ,a--,energy ,storage ,part #a--;,consideration of energy storage systems ,sec4 #baja4 ,consideration of energy storage systems4 ,sec4 #bajb4 ,coordination of programs4 ,part #b--;,energy storage and microgrid projects ,sec4 #baba4 ,definitions4 ,sec4 #babb4 ,energy storage and microgrid assistance program4 ,sec4 #babc4 ,authorization of appropriations4 ,subtitle ,b--,dam ,safety ,sec4 #bbja4 ,hydroelectric production incentives and efficiency improvements4 ,sec4 #bbjb4 ,,ferc briefing on ,edenville ,dam and ,sanford ,dam failures4 ,sec4 #bbjc4 ,dam safety conditions4 ,sec4 #bbjd4 ,dam safety requirements4 ,sec4 #bbje4 ,viability procedures4 ,sec4 #bbjf4 ,,ferc dam safety technical conference with ,states4 ,sec4 #bbjg4 ,required dam safety communications between ,,ferc and ,states4 ,sec4 #bbjh4 ,klamath ,hydroelectric ,settlement ,agreement ,tribal fairness4 ,subtitle ,c--,distributed ,renewable ,energy ,sec4 #bcja4 ,definitions4 ,sec4 #bcjb4 ,establishment of program to facilitate voluntary streamlined process for local permitting of qualifying distributed energy systems4 ,sec4 #bcjc4 ,distributed energy opportunity communities4 ,sec4 #bcjd4 ,authorization of appropriations4 ,subtitle ,d--,low-,income solar ,sec4 #bdja4 ,grant program for solar installations located in1 or that serve1 low-income and underserved areas4 ,sec4 #bdjb4 ,establishment of community solar programs4 ,subtitle ,e--,research and ,development ,part #a--,solar ,energy ,research and ,development ,sec4 #beja4 ,definitions4 ,sec4 #bejb4 ,solar energy research and development4 ,sec4 #bejc4 ,solar energy demonstration projects4 ,sec4 #bejd4 ,next generation solar energy manufacturing initiative4 ,sec4 #beje4 ,photovoltaic device recycling research and development4 ,sec4 #bejf4 ,authorization of appropriations4 ,part #b--,wind ,energy ,research and ,development ,sec4 #beba4 ,definitions4 ,sec4 #bebb4 ,wind energy research and development4 ,sec4 #bebc4 ,wind energy demonstration and validation projects4 ,sec4 #bebd4 ,wind energy incubator funding4 ,sec4 #bebe4 ,mitigating regulatory and market barriers4 ,sec4 #bebf4 ,authorization of appropriations4 ,part #c--;,advanced ,geothermal ,research and ,development ,sec4 #beda4 ,definitions4 ,sec4 #bedb4 ,hydrothermal research and development4 ,sec4 #bedc4 ,general geothermal systems research and development4 ,sec4 #bedd4 ,enhanced geothermal systems research and development4 ,sec4 #bede4 ,geothermal heat pumps and direct use4 ,sec4 #bedf4 ,cost sharing and proposal evaluation4 ,sec4 #bedg4 ,advanced geothermal computing and data science research and development4 ,sec4 #bedh4 ,geothermal workforce development4 ,sec4 #bedi4 ,organization and administration of programs4 ,sec4 #beej4 ,repeals4 ,sec4 #beea4 ,authorization of appropriations4 ,sec4 #beeb4 ,international geothermal energy development4 ,sec4 #beec4 ,reauthorization of ,high ,cost ,region ,geothermal ,energy ,grant ,program4 ,part #d--,water ,power ,research and ,development ,sec4 #befa4 ,water power research and development4 ,sec4 #befb4 ,conforming amendments4 ,sec4 #befc4 ,produced water research and development program4 ,sec4 #befd4 ,produced water demonstration program4 ,part #e--;,energy ,efficiency and ,renewable ,energy ,research and ,development ,sec4 #bega4 ,authorization of appropriations4 ,subtitle ,f--,public ,lands ,renewable ,energy ,development ,sec4 #bfja4 ,definitions4 ,sec4 #bfjb4 ,land use planning2 supplements to programmatic environmental impact statements4 ,sec4 #bfjc4 ,environmental review on covered land4 ,sec4 #bfjd4 ,program to improve renewable energy project permit coordination4 ,sec4 #bfje4 ,increasing economic certainty4 ,sec4 #bfjf4 ,renewable energy goal4 ,sec4 #bfjg4 ,facilitation of coproduction of geothermal energy on oil and gas leases4 ,sec4 #bfjh4 ,noncompetitive leasing of adjoining areas for development of geothermal resources4 ,sec4 #bfji4 ,savings clause4 ,subtitle ,g--,renewable ,energy ,grant program ,sec4 #bgja4 ,renewable energy grant program4 ,subtitle ,h--,other ,sec4 #bhja4 ,amendment to ,energy ,policy ,act of #bjje definition of renewable energy4 ,title ,,iii--,carbon ,pollution ,reduction ,technologies ,subtitle ,a--,fossil ,energy ,research and ,development ,sec4 #caja4 ,definitions4 ,sec4 #cajb4 ,fossil energy objectives4 ,sec4 #cajc4 ,carbon capture technologies4 ,sec4 #cajd4 ,natural gas carbon capture research1 development1 and demonstration program4 ,sec4 #caje4 ,carbon storage validation and testing4 ,sec4 #cajf4 ,carbon utilization4 ,sec4 #cajg4 ,advanced energy systems4 ,sec4 #cajh4 ,rare earth elements4 ,sec4 #caji4 ,methane hydrate research amendments4 ,sec4 #caaj4 ,carbon removal4 ,sec4 #caaa4 ,methane leak detection and mitigation4 ,sec4 #caab4 ,waste gas utilization4 ,sec4 #caac4 ,national energy technology laboratory reforms4 ,sec4 #caad4 ,climate ,solutions ,challenges4 ,sec4 #caae4 ,carbon dioxide removal task force and report4 ,sec4 #caaf4 ,national ,academy of ,sciences study on carbon capture technology4 ,sec4 #caag4 ,study on ,blue ,hydrogen ,technology4 ,subtitle ,b--,controlling methane leaks ,sec4 #cbja4 ,improving the natural gas distribution system4 ,subtitle ,c--,eminent domain reform ,sec4 #ccja4 ,modifications to exercise of the right of eminent domain by holder of a certificate of public convenience and necessity4 ,subtitle ,d--,climate ,smart ,ports ,sec4 #cdja4 ,climate smart ports grant program4 ,subtitle ,e--,interagency ,task ,force on ,short-,lived ,climate ,pollutant ,mitigation ,sec4 #ceja4 ,interagency task force on short-lived climate pollutant mitigation4 ,subtitle ,f--,black ,carbon ,sec4 #cfja4 ,reduction of black carbon emissions4 ,title ,,iv--,nuclear ,energy ,subtitle ,a--,advanced nuclear fuel availability ,sec4 #daja4 ,program4 ,sec4 #dajb4 ,reports to ,congress4 ,sec4 #dajc4 ,authorization of appropriations4 ,sec4 #dajd4 ,definitions4 ,subtitle ,b--,nuclear ,energy ,leadership ,act ,sec4 #dbja4 ,definitions4 ,sec4 #dbjb4 ,nuclear energy research1 development1 demonstration1 and commercial application programs4 ,sec4 #dbjc4 ,nuclear energy budget plan4 ,sec4 #dbjd4 ,organization and administration of programs4 ,subtitle ,c--,defending ,against ,rosatom ,exports ,sec4 #dcja4 ,extension and expansion of limitations on importation of uranium from ,russian ,federation4 ,subtitle ,d--,,fusion ,,energy ,,research ,sec4 #ddja4 ,fusion energy research4 ,title ,v--,electric ,grid and ,cybersecurity ,subtitle ,a--,electric ,grid ,part #a--bast ,century ,power ,grid ,sec4 #eaja4 #bast ,century ,power ,grid4 ,sec4 #eajb4 ,definitions4 ,sec4 #eajc4 ,power ,system modeling reform and updates to grid services and grid operator software4 ,sec4 #eajd4 ,advanced energy and grid efficiency studies and report4 ,part #b--,transmission ,planning ,sec4 #eaaa4 ,interregional transmission planning report4 ,sec4 #eaab4 ,interregional transmission planning rulemaking4 ,subtitle ,b--,state ,energy ,security ,plans ,sec4 #ebja4 ,state energy security plans4 ,subtitle ,c--,research and ,development ,part #a--;,better ,energy ,storage ,technology ,sec4 #ecja4 ,energy storage4 ,sec4 #ecjb4 ,critical mineral recycling and reuse research1 development1 and demonstration program4 ,part #b--;,grid ,modernization ,research and ,development ,sec4 #ecba4 ,smart grid regional demonstration initiative4 ,sec4 #ecbb4 ,smart grid modeling1 visualization1 architecture1 and controls4 ,sec4 #ecbc4 ,hybrid energy systems4 ,sec4 #ecbd4 ,grid integration research and development4 ,sec4 #ecbe4 ,industry alliance4 ,sec4 #ecbf4 ,coordination of efforts4 ,sec4 #ecbg4 ,technical amendments2 authorization of appropriations4 ,part #c--;,grid ,security ,research and ,development ,sec4 #ecda4 ,amendment to ,energy ,independence and ,security ,act of #bjjg4 ,sec4 #ecdb4 ,critical infrastructure research and construction4 ,sec4 #ecdc4 ,conforming amendment4 ,subtitle ,d--,tribal ,energy ,sec4 #edja4 ,indian energy4 ,sec4 #edjb4 ,report on electricity access and reliability4 ,subtitle ,e--,utility ,resilience and ,reliability ,sec4 #eeja4 ,reliability of bulk-power system in changing conditions4 ,sec4 #eejb4 ,electric grid resilience education program4 ,sec4 #eejc4 ,report on planned electric power outages due to extreme weather conditions4 ,title ,,vi--,transportation ,subtitle ,a--,diesel ,emissions ,reduction ,sec4 #faja4 ,reauthorization of diesel emissions reduction program4 ,subtitle ,b--,clean ,school ,bus ,program ,sec4 #fbja4 ,reauthorization of ,clean ,school ,bus ,program4 ,subtitle ,c--,clean ,cities ,coalition ,program ,sec4 #fcja4 ,clean ,cities ,coalition ,program4 ,subtitle ,d--,renewable fuel standard integrity ,sec4 #fdja4 ,annual deadline for petitions by small refineries for exemptions from renewable fuel requirements4 ,sec4 #fdjb4 ,information in petition subject to public disclosure4 ,subtitle ,e--,,ev ,infrastructure ,sec4 #feja4 ,definitions4 ,sec4 #fejb4 ,electric vehicle supply equipment rebate program4 ,sec4 #fejc4 ,expanding access to electric vehicles in underserved communities4 ,sec4 #fejd4 ,ensuring program benefits for underserved and disadvantaged communities4 ,sec4 #feje4 ,model building code for electric vehicle supply equipment4 ,sec4 #fejf4 ,electric vehicle supply equipment coordination4 ,sec4 #fejg4 ,state consideration of electric vehicle charging4 ,sec4 #fejh4 ,state energy plans4 ,sec4 #feji4 ,transportation electrification4 ,sec4 #feaj4 ,federal fleets4 ,sec4 #feaa4 ,domestic ,manufacturing ,conversion ,grant ,program4 ,sec4 #feab4 ,advanced technology vehicles manufacturing incentive program4 ,subtitle ,f--,vehicles used for competition ,sec4 #ffja4 ,treatment of vehicles not legal for operation on a street or highway and used solely for competition4 ,subtitle ,g--,clean ,refrigerated ,vehicles ,program ,sec4 #fgja4 ,pilot program for the electrification of certain refrigerated vehicles4 ,subtitle ,h--,low-,carbon fuels ,sec4 #fhja4 ,study by ,national ,academy of ,sciences4 ,subtitle ,i--,climate ,action ,planning for ,ports ,sec4 #fija4 ,grants ,to reduce greenhouse gas emissions at ports4 ,subtitle ,j--,research and ,development ,sec4 #fiaa4 ,definitions4 ,sec4 #fiab4 ,vehicle research and development4 ,sec4 #fiac4 ,research and development program for advanced vehicle manufacturing technologies4 ,sec4 #fiad4 ,authorization of appropriations4 ,title ,,vii--,advanced ,research ,projects ,agency--,energy ,sec4 #gjja4 ,,arpa-,e amendments4 ,title ,,viii--,technology ,transfer ,sec4 #hjja4 ,definitions4 ,subtitle ,a--,national ,clean ,energy ,technology ,transfer ,programs ,sec4 #haja4 ,regional clean energy innovation program4 ,sec4 #hajb4 ,national clean energy incubator program4 ,sec4 #hajc4 ,clean energy technology university prize competition4 ,sec4 #hajd4 ,energy ,i-,corps4 ,sec4 #haje4 ,clean energy technology transfer coordination4 ,subtitle ,b--,supporting ,technology ,development ,at the ,national ,laboratories ,sec4 #hbja4 ,lab partnering service pilot program4 ,sec4 #hbjb4 ,lab-embedded entrepreneurship program4 ,sec4 #hbjc4 ,small business voucher program4 ,sec4 #hbjd4 ,entrepreneurial leave program4 ,sec4 #hbje4 ,national laboratory employee outside employment authority4 ,sec4 #hbjf4 ,technology commercialization fund4 ,sec4 #hbjg4 ,signature authority4 ,subtitle ,c--,department of ,energy ,modernization ,sec4 #hcja4 ,technology ,transfer ,program4 ,sec4 #hcjb4 ,management of demonstration projects4 ,sec4 #hcjc4 ,streamlining prize competitions4 ,sec4 #hcjd4 ,milestone-based demonstration projects4 ,sec4 #hcje4 ,cost-share waiver extension4 ,sec4 #hcjf4 ,special hiring authority for scientific1 engineering1 and project management personnel4 ,sec4 #hcjg4 ,technology transfer reports and evaluation4 ,sec4 #hcjh4 ,other transaction authority extension4 ,subtitle ,d--,increasing and ,mobilizing ,partnerships to ,achieve ,commercialization of ,technologies for ,energy ,sec4 #hdja4 ,short title4 ,sec4 #hdjb4 ,definitions4 ,sec4 #hdjc4 ,energy ,technology ,commercialization ,foundation4 ,title ,,ix--,industrial ,innovation and ,competitiveness ,subtitle ,a--,smart manufacturing ,sec4 #iaja4 ,definitions4 ,sec4 #iajb4 ,development of national smart manufacturing plan4 ,sec4 #iajc4 ,leveraging existing agency programs to assist small and medium manufacturers4 ,sec4 #iajd4 ,leveraging smart manufacturing infrastructure at ,national ,laboratories4 ,sec4 #iaje4 ,state leadership grants4 ,sec4 #iajf4 ,report4 ,subtitle ,b--,american ,innovation and ,manufacturing ,leadership ,sec4 #ibja4 ,definitions4 ,sec4 #ibjb4 ,listing of regulated substances4 ,sec4 #ibjc4 ,monitoring and reporting requirements4 ,sec4 #ibjd4 ,phasedown of regulated substances4 ,sec4 #ibje4 ,management of regulated substances4 ,sec4 #ibjf4 ,technology transitions4 ,sec4 #ibjg4 ,rulemaking authority4 ,sec4 #ibjh4 ,relationship to other laws4 ,subtitle ,c--,clean ,industrial ,technology ,sec4 #icja4 ,purpose4 ,sec4 #icjb4 ,industrial emissions reduction technology development program4 ,sec4 #icjc4 ,industrial ,technology ,innovation ,advisory ,committee4 ,sec4 #icjd4 ,technical assistance program to implement industrial emissions reduction4 ,sec4 #icje4 ,coordination of research and development of energy efficient technologies for industry4 ,subtitle ,d--,combined ,heat and ,power ,support ,sec4 #idja4 ,,chp ,technical ,assistance ,partnership ,program4 ,subtitle ,e--,title ,,xvii ,loan ,program ,reform ,sec4 #ieja4 ,loan program office title ,,xvii reform4 ,sec4 #iejb4 ,authorization of appropriations4 ,title ,x--,critical ,materials ,sec4 #ajaja4 ,definitions4 ,subtitle ,a--,energy ,critical ,materials ,sec4 #ajaba4 ,energy critical materials program4 ,sec4 #ajabb4 ,critical materials research database and information center4 ,sec4 #ajabc4 ,critical materials interagency subcommittee4 ,subtitle ,b--,national ,materials and ,minerals ,policy1 ,research1 and ,development ,sec4 #ajada4 ,amendments to ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj4 ,sec4 #ajadb4 ,conforming repeal4 ,title ,,xi--,environmental ,justice ,sec4 #aajja4 ,definitions4 ,sec4 #aajjb4 ,environmental justice community technical assistance grants4 ,sec4 #aajjc4 ,interagency ,federal working group on environmental justice4 ,sec4 #aajjd4 ,federal agency actions to address environmental justice4 ,sec4 #aajje4 ,training of employees of ,federal agencies4 ,sec4 #aajjf4 ,environmental justice basic training program4 ,sec4 #aajjg4 ,environmental justice clearinghouse4 ,sec4 #aajjh4 ,public meetings4 ,sec4 #aajji4 ,national environmental justice advisory council4 ,sec4 #aajaj4 ,environmental justice grant programs4 ,sec4 #aajaa4 ,environmental justice community solid waste disposal technical assistance grants4 ,sec4 #aajab4 ,environmental justice community1 ,state1 and ,tribal grant programs4 ,sec4 #aajac4 ,protections for environmental justice communities against harmful federal actions4 ,sec4 #aajad4 ,prohibited discrimination4 ,sec4 #aajae4 ,right of action4 ,sec4 #aajaf4 ,rights of recovery4 ,sec4 #aajag4 ,public health risks associated with cumulative environmental stressors4 ,sec4 #aajah4 ,climate ,justice ,grant ,program4 ,sec4 #aajai4 ,environmental justice for communities overburdened by environmental violations4 ,title ,,xii--,other ,matters ,subtitle ,a--,blue ,collar to ,green ,collar ,jobs ,development ,part #a--,office of ,economic ,impact1 ,diversity1 and ,employment ,sec4 #abaja4 ,name of office4 ,sec4 #abajb4 ,energy workforce development programs4 ,sec4 #abajc4 ,authorization4 ,part #b--;,energy workforce development ,sec4 #abaaa4 ,energy workforce development4 ,sec4 #abaab4 ,energy workforce grant program4 ,sec4 #abaac4 ,definitions4 ,sec4 #abaad4 ,renewable energy transition grant program4 ,sec4 #abaae4 ,energy ,jobs ,council and annual energy employment report4 ,part #c--,measuring green collar job development ,sec4 #ababa4 ,measuring green jobs4 ,part #d--;,clean ,energy ,economy ,workforce ,sec4 #abaca4 ,clean ,energy ,economy ,workforce ,program4 ,subtitle ,b--,buy ,american and ,wage ,rate ,requirements ,sec4 #abbja4 ,use of ,american iron1 steel1 and manufactured goods4 ,sec4 #abbjb4 ,wage rate requirements4 ,sec4 #abbjc4 ,apprenticeships4 ,subtitle ,c--,natural ,resources ,sec4 #abcja4 ,offshore ,wind ,career ,training ,grant ,program4 ,sec4 #abcjb4 ,data preservation4 ,sec4 #abcjc4 ,extension of authority for non-oil and gas operations on the ,outer ,continental ,shelf4 ,subtitle ,d--,clean ,energy and ,sustainability ,accelerator ,sec4 #abdja4 ,clean ,energy and ,sustainability ,accelerator4 ,subtitle ,e--,scientific ,integrity ,sec4 #abeja4 ,sense of ,congress4 ,sec4 #abejb4 ,amendment to ,america ,,competes ,act4 ,sec4 #abejc4 ,existing policies2 clarification4 ,subtitle ,f--,other matters ,sec4 #abfja4 ,authorization4 ,sec4 #abfjb4 ,addressing insufficient compensation of employees and other personnel of the ,federal ,energy ,regulatory ,commission4 ,sec4 #abfjc4 ,office of ,public ,participation4 ,sec4 #abfjd4 ,background ozone research4 ,sec4 #abfje4 ,smoke planning and research4 ,sec4 #abfjf4 ,report on effects of emissions from fossil fuel facilities4 ,sec4 #abfjg4 ,wildfire hazard severity mapping for electric transmission and distribution infrastructure4 ,sec4 #abfjh4 ,wildfire smoke emissions modeling and forecasting improvement program4 ,sec4 #abfji4 ,exposure to wildfire smoke and air pollution4 ,sec4 #abfaj4 ,budgetary effects4 ,sec4 #abfaa4 ,effective date4 ,sec4 #abfab4 ,effective date4 ,sec4 #abfac4 ,report on mining of critical minerals using forced labor in foreign countries4 ,sec4 #abfad4 ,tree planting grant program4 ,sec4 #abfae ,labor ,standards4 ,sec4 #abfaf4 ,affirming ,protections for ,children and ,workers4 ,sec4 #abfag4 ,rural and remote communities electrification grants4 ,sec4 #abfah4 ,coal community resource clearinghouse4 ,sec4 #abfai4 ,report on fossil fuel subsidies4 ,sec4 #abfbj4 ,publication of ,interconnections ,seams ,study4 ,sec4 #abfba4 ,department of energy research mission on climate change and emissions reduction4 ,sec4 #abfbb4 ,study on equitable distribution of benefits of clean energy4 ,sec4 #abfbc4 ,study on certain climate change mitigation efforts4 ,sec4 #abfbd4 ,low-,dose-,radiation ,research4 ,sec4 #abfbe4 ,online publication of greenhouse gas emissions4 ,sec4 #abfbf4 ,sense of ,congress4 ,sec4 #abfbg4 ,use of bird-safe features1 practices1 and strategies in public buildings4 ,sec4 #abfbh4 ,gas waste reduction and enhancement of gas measuring and reporting4 ,subtitle ,g--,open ,back ,better ,sec4 #abgja4 ,facilities energy resiliency4 ,sec4 #abgjb4 ,personnel4 ,subtitle ,h--,zeroing ,excess1 ,reducing ,organic ,waste1 and ,sustaining ,technical ,expertise ,sec4 #abhja4 ,grant program4 ,sec4 #abhjb4 ,grant awards4 ,sec4 #abhjc4 ,reporting4 ,sec4 #abhjd4 ,annual conference4 ,sec4 #abhje4 ,definitions4 ,sec4 #abhjf4 ,authorization of appropriations4 ,subtitle ,i--,radon ,abatement ,reauthorization ,sec4 #abija4 ,technical assistance to ,states for radon programs reauthorized4 ,sec4 #abijb4 ,grant assistance to ,states for radon programs reauthorized4 ,sec4 #abijc4 ,regional radon training centers reauthorized4 ,i ,energy ,efficiency ,a ,buildings #a ,building ,energy ,codes #aaja4 ,greater energy efficiency in building codes 7a7 ,definitions ,section #cjc of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcb7 is amended-- 7#a7 by striking paragraph 7#ad7 and inserting the following3 7#ad7 ,model building energy code ,the term model building energy code means a voluntary building energy code or standard developed and updated by interested persons1 such as the code or standard developed by-- 7,a7 the ,council of ,american ,building ,officials1 or its legal successor1 ,international ,code ,council1 ,inc42 7,b7 the ,american ,society of ,heating1 ,refrigerating1 and ,air-,conditioning ,engineers2 or 7,c7 other appropriate organizations4 2 and 7#b7 by adding at the end the following3 7#ag7 ,,iecc ,the term ,,iecc means the ,international ,energy ,conservation ,code4 7#ah7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc74 4 7b7 ,state building energy efficiency codes ,section #cjd of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcc7 is amended to read as follows3 #cjd4 ,updating ,state building energy efficiency codes 7a7 ,voluntary codes and standards ,notwithstanding any other provision of this section1 any model building code or standard established under section #cjd shall not be binding on a ,state1 local government1 or ,indian tribe as a matter of ,federal law4 7b7 ,action by ,secretary ,the ,secretary shall-- 7#a7 encourage and support the adoption of building energy codes by ,states1 ,indian tribes1 and1 as appropriate1 by local governments that meet or exceed the model building energy codes1 or achieve equivalent or greater energy savings2 and 7#b7 support full compliance with the ,state and local codes4 7c7 ,state and ,indian tribe certification of building energy code updates 7#a7 ,review and updating of codes by each ,state and ,indian tribe 7,a7 ,in general ,not later than #b years after the date of publication of a revision to a model building energy code1 each ,state or ,indian tribe shall certify whether the ,state or ,indian tribe1 respectively1 has reviewed and updated the energy provisions of the building code of the ,state or ,indian tribe1 respectively4 7,b7 ,demonstration ,the certification shall include a demonstration of whether the energy savings for the code provisions that are in effect throughout the territory of the ,state or ,indian tribe meet or exceed the energy savings of the updated model building energy code4 7,c7 ,no model building energy code update ,if a model building energy code is not updated by a target date established under section #cjg7;b77#b77;,e71 each ,state or ,indian tribe shall1 not later than #b years after the specified date1 certify whether the ,state or ,indian tribe1 respectively1 has reviewed and updated the energy provisions of the building code of the ,state or ,indian tribe1 respectively1 to meet or exceed the target in section #cjg7;b77#b74 7#b7 ,validation by ,secretary ,not later than #ij days after a ,state or ,indian tribe certification under paragraph 7#a71 the ,secretary shall-- 7,a7 determine whether the code provisions of the ,state or ,indian tribe1 respectively1 meet the criteria specified in paragraph 7#a72 and 7,b7 if the determination is positive1 validate the certification4 7d7 ,improvements in compliance with building energy codes 7#a7 ,requirement 7,a7 ,in general ,not later than #c years after the date of a certification under subsection 7c71 each ,state and ,indian tribe shall certify whether the ,state and ,indian tribe1 respectively1 has-- 7i7 achieved full compliance under paragraph 7#c7 with the applicable certified ,state and ,indian tribe building energy code or with the associated model building energy code2 or 7ii7 made significant progress under paragraph 7#d7 toward achieving compliance with the applicable certified ,state and ,indian tribe building energy code or with the associated model building energy code4 7,b7 ,repeat certifications ,if the ,state or ,indian tribe certifies progress toward achieving compliance1 the ,state or ,indian tribe shall repeat the certification until the ,state or ,indian tribe certifies that the ,state or ,indian tribe has achieved full compliance1 respectively4 7#b7 ,measurement of compliance ,a certification under paragraph 7#a7 shall include documentation of the rate of compliance based on-- 7,a7 independent inspections of a random sample of the buildings covered by the code in the preceding year2 or 7,b7 an alternative method that yields an accurate measure of compliance4 7#c7 ,achievement of compliance ,a ,state or ,indian tribe shall be considered to achieve full compliance under paragraph 7#a7 if-- 7,a7 at least #ij percent of building space covered by the code in the preceding year substantially meets all the requirements of the applicable code specified in paragraph 7#a71 or achieves equivalent or greater energy savings level2 or 7,b7 the estimated excess energy use of buildings that did not meet the applicable code specified in paragraph 7#a7 in the preceding year1 compared to a baseline of comparable buildings that meet this code1 is not more than #e percent of the estimated energy use of all buildings covered by this code during the preceding year4 7#d7 ,significant progress toward achievement of compliance ,a ,state or ,indian tribe shall be considered to have made significant progress toward achieving compliance for purposes of paragraph 7#a7 if the ,state or ,indian tribe-- 7,a7 has developed and is implementing a plan for achieving compliance during the #h-year-period beginning on the date of enactment of the ,clean ,economy ,jobs and ,innovation ,act1 including annual targets for compliance and active training and enforcement programs2 and 7,b7 has met the most recent target under subparagraph 7,a74 7#e7 ,validation by ,secretary ,not later than #ij days after a ,state or ,indian tribe certification under paragraph 7#a71 the ,secretary shall-- 7,a7 determine whether the ,state or ,indian tribe has demonstrated meeting the criteria of this subsection1 including accurate measurement of compliance2 and 7,b7 if the determination is positive1 validate the certification4 7e7 ,states or ,indian tribes that do not achieve compliance 7#a7 ,reporting ,a ,state or ,indian tribe that has not made a certification required under subsection 7c7 or 7d7 by the applicable deadline shall submit to the ,secretary a report describing-- 7,a7 the status of the ,state or ,indian tribe with respect to meeting the requirements and submitting the certification2 and 7,b7 a plan for meeting the requirements and submitting the certification4 7#b7 ,federal support ,for any ,state or ,indian tribe for which the ,secretary has not validated a certification by a deadline under subsection 7c7 or 7d71 the lack of the certification may be a consideration for ,federal support authorized under this section for code adoption and compliance activities4 7#c7 ,local government ,in any ,state or ,indian tribe for which the ,secretary has not validated a certification under subsection 7c7 or 7d71 a local government may be eligible for ,federal support under subsections 7f7 and 7g7 by meeting the certification requirements of subsections 7c7 and 7d74 7#d7 ,reports by ,secretary 7,a7 ,in general ,not later than ,december #ca1 #bjba1 and not less frequently than once every #c years thereafter1 the ,secretary shall submit to ,congress and publish a report describing-- 7i7 the status of model building energy codes2 7ii7 the status of code adoption and compliance in the ,states and ,indian tribes2 7iii7 implementation of this section2 and 7iv7 improvements in energy savings over time as result of the targets established under section #cjg7;b77#b74 7,b7 ,impacts ,the report shall include estimates of impacts of past action under this section1 and potential impacts of further action1 on-- 7i7 upfront financial and construction costs1 cost benefits and returns 7using investment analysis71 and lifetime energy use for buildings2 7ii7 resulting energy costs to individuals and businesses2 and 7iii7 resulting overall annual building ownership and operating costs4 7f7 ,technical assistance to ,states and ,indian tribes ,the ,secretary shall provide technical assistance to ,states and ,indian tribes to implement the goals and requirements of this section1 including procedures and technical analysis for ,states and ,indian tribes-- 7#a7 to improve and implement ,state residential and commercial building energy codes2 7#b7 to demonstrate that the code provisions of the ,states and ,indian tribes achieve equivalent or greater energy savings than the model building energy codes and targets2 7#c7 to document the rate of compliance with a building energy code2 and 7#d7 to otherwise promote the design and construction of energy- and water-efficient buildings4 7g7 ,availability of incentive funding 7#a7 ,in general ,the ,secretary shall provide incentive funding to ,states and ,indian tribes-- 7,a7 to implement the requirements of this section2 7,b7 to improve and implement residential and commercial building energy codes1 including increasing and verifying compliance with the codes and training of ,state1 tribal1 and local building code officials to implement and enforce the codes2 and 7,c7 to promote building energy and water efficiency through the use of the codes and standards4 7#b7 ,additional funding ,additional funding shall be provided under this subsection for implementation of a plan to achieve and document full compliance with residential and commercial building energy codes under subsection 7d7-- 7,a7 to a ,state or ,indian tribe for which the ,secretary has validated a certification under subsection 7c7 or 7d72 and 7,b7 in a ,state or ,indian tribe that is not eligible under subparagraph 7,a71 to a local government that is eligible under this section4 7#c7 ,training ,of the amounts made available under this subsection1 the ,state or ,indian tribe may use amounts required1 but not to exceed #gej1jjj for a ,state1 to train ,state and local building code officials to implement and enforce codes described in paragraph 7#b74 7#d7 ,local governments ,states may share grants under this subsection with local governments that implement and enforce the codes4 7h7 ,stretch codes and advanced standards 7#a7 ,in general ,the ,secretary shall provide technical and financial support for the development of stretch codes and advanced standards for residential and commercial buildings for use as-- 7,a7 an option for adoption as a building energy code by local1 tribal1 or ,state governments2 and 7,b7 guidelines for energy-efficient building design4 7#b7 ,targets ,the stretch codes and advanced standards shall be designed-- 7,a7 to achieve substantial energy savings compared to the model building energy codes2 and 7,b7 to meet targets under section #cjg7;b71 if available1 at least #c to #f years in advance of the target years4 7i7 ,studies ,the ,secretary1 in consultation with building science experts from the ,national ,laboratories and institutions of higher education1 designers and builders of energy-efficient residential and commercial buildings1 code officials1 code and standards developers1 and other stakeholders1 shall undertake a study of the feasibility1 impact1 economics1 and merit of-- 7#a7 code and standards improvements that would require that buildings be designed1 sited1 and constructed in a manner that makes the buildings more adaptable in the future to become zero-net-energy after initial construction1 as advances are achieved in energy-saving technologies2 7#b7 code procedures to incorporate measured lifetimes1 not just first-year energy use1 in trade-offs and performance calculations2 7#c7 legislative options for increasing energy savings from building energy codes and standards1 including additional incentives for effective ,state and local action1 and verification of compliance with and enforcement of a code or standard other than by a ,state or local government2 and 7#d7 code and standards improvements that consider energy efficiency and water efficiency and1 to the maximum extent practicable1 consider energy efficiency and water efficiency in an integrated manner4 7j7 ,effect on other laws ,nothing in this section or section #cjg supersedes or modifies the application of sections #cba through #cdf of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbia et seq474 7k7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section and section #cjg #bjj1jjj1jjj1 to remain available until expended4 4 7c7 ,federal building energy efficiency standards ,section #cje of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7 is amended by striking voluntary building energy code each place it appears in subsections 7a77#b77;,b7 and 7b7 and inserting model building energy code4 7d7 ,model building energy codes 7#a7 ,in general ,section #cjg of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcf7 is amended to read as follows3 #cjg4 ,support for model building energy codes 7a7 ,in general ,the ,secretary shall support the updating of model building energy codes4 7b7 ,targets 7#a7 ,in general ,the ,secretary shall support the updating of the model building energy codes to enable the achievement of aggregate energy savings targets established under paragraph 7#b74 7#b7 ,targets 7,a7 ,in general ,the ,secretary shall work with ,state1 ,indian tribes1 local governments1 code and standards developers 7such as the entities described in section #cjc7ad771 and other interested parties to support the updating of model building energy codes by establishing #a or more national aggregate energy savings targets to achieve the purposes of this section4 7,b7 ,separate targets ,the ,secretary shall establish separate targets for commercial and residential buildings4 7,c7 ,baselines ,the baseline for updating model building energy codes shall be the #bjji ,,iecc for residential buildings and ,,ashrae ,standard #ij4a-bjaj for commercial buildings4 7,d7 ,code cycles ,the targets established under subparagraph 7,a7 shall align with the respective code development cycles determined by the model building energy code-setting and standards development organizations described in section #cjc7ad74 7,e7 ,specific years 7i7 ,in general ,targets for specific years shall be established and revised by the ,secretary through rulemaking and coordinated with code and standards developers 7such as the entities described in section #cjc7ad77 at a level that-- 7,i7 is at the maximum level of energy efficiency that is technologically feasible and lifecycle cost effective1 while accounting for the economic considerations under paragraph 7#d72 7,,ii7 is higher than the preceding target2 7,,iii7 promotes the achievement of commercial and residential high-performance buildings 7as defined in section #dja of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjfa77 through high performance energy efficiency2 and 7,,iv7 takes into consideration the variations in climate zones used in model building energy codes4 7ii7 ,initial targets ,not later than #a year after the date of enactment of this clause1 the ,secretary shall establish initial targets under this subparagraph4 7iii7 ,different target years ,subject to clause 7i71 prior to the applicable year1 the ,secretary may set a later target year for any of the model building energy codes described in subparagraph 7,a7 if the ,secretary determines that a target cannot be met4 7iv7 ,small business ,when establishing targets under this paragraph through rulemaking1 the ,secretary shall ensure compliance with the ,small ,business ,regulatory ,enforcement ,fairness ,act of #aiif 7#e ,u4,s4,c4 #fja note2 ,public ,law #ajd-aba74 7#c7 ,appliance standards and other factors affecting building energy use ,in establishing building code targets under paragraph 7#b71 the ,secretary shall develop and adjust the targets in recognition of potential savings and costs relating to-- 7,a7 efficiency gains made in appliances1 lighting1 windows1 insulation1 and building envelope sealing2 7,b7 advancement of distributed generation and on-site renewable power generation technologies2 7,c7 equipment improvements for heating1 cooling1 and ventilation systems2 7,d7 building management systems and smart technologies to reduce energy use2 and 7,e7 other technologies1 practices1 and building systems that the ,secretary considers appropriate regarding building plug load and other energy uses4 7#d7 ,economic considerations ,in establishing and revising building code targets under paragraph 7#b71 the ,secretary shall consider the economic feasibility of achieving the proposed targets established under this section and the potential costs and savings for consumers and building owners1 including a return on investment analysis4 7c7 ,technical assistance to model building energy code-,setting and standards development organizations 7#a7 ,in general ,the ,secretary shall1 on a timely basis1 provide technical assistance to model building energy code-setting and standards development organizations consistent with the goals of this section4 7#b7 ,assistance ,the assistance shall include1 as requested by the organizations1 technical assistance in-- 7,a7 evaluating code or standards proposals or revisions2 7,b7 building energy and water analysis and design tools2 7,c7 building demonstrations2 7,d7 developing definitions of energy use intensity and building types for use in model building energy codes to evaluate the efficiency impacts of the model building energy codes2 7,e7 performance-based standards2 7,f7 evaluating economic considerations under subsection 7b77#d72 and 7,g7 developing model building energy codes by ,indian tribes in accordance with tribal law4 7#c7 ,amendment proposals ,the ,secretary may submit timely model building energy code amendment proposals to the model building energy code-setting and standards development organizations1 with supporting evidence1 sufficient to enable the model building energy codes to meet the targets established under subsection 7b77#b74 7#d7 ,analysis methodology ,the ,secretary shall make publicly available the entire calculation methodology 7including input assumptions and data7 used by the ,secretary to estimate the energy savings of code or standard proposals and revisions4 7d7 ,determination 7#a7 ,revision of model building energy codes ,if the provisions of the ,,iecc or ,,ashrae ,standard #ij4a regarding building energy use are proposed to be revised1 the ,secretary shall make a preliminary determination1 by not later than #ij days after the date of receipt of the proposed revision1 and a final determination by not later than #ae months after the date of publication of the revision1 regarding whether the revision will-- 7,a7 improve energy efficiency in buildings1 as compared to the existing model building energy code2 and 7,b7 meet the applicable targets under subsection 7b77#b74 7#b7 ,codes or standards not meeting targets 7,a7 ,preliminary determination by ,secretary ,if the ,secretary makes a preliminary determination under paragraph 7#a77;,b7 that a code or standard does not meet an applicable target under subsection 7b77#b71 the ,secretary shall contemporaneously provide to the developer of the model building energy code or standard not fewer than #b proposed changes that would result in a model building energy code that meets the applicable target1 together with supporting evidence1 taking into consideration-- 7i7 whether the modified code is technically feasible and lifecycle cost effective2 7ii7 available appliances1 technologies1 materials1 and construction practices2 and 7iii7 the economic considerations under subsection 7b77#d74 7,b7 ,determination or election by developer ,not later than #bgj days after the date of receipt of proposed changes of the ,secretary under subparagraph 7,a71 a developer shall-- 7i7 determine whether-- 7,i7 to publish a new revised code accepting the proposed changes2 or 7,,ii7 to reject the proposed changes2 or 7ii7 if the developer elects not to make a determination under clause 7i71 publish a notice of that election1 together with the proposed changes4 7,c7 ,final determination by ,secretary 7i7 ,in general ,a final determination by the ,secretary shall be made on the model building energy code or standard1 as modified by the changes proposed by the ,secretary under subparagraph 7,a74 7ii7 ,additional determinations ,if a model building energy code or standards developer makes an election pursuant to subparagraph 7,b77ii71 the ,secretary shall make the following final determinations for purposes of this subsection3 7,i7 ,a final determination regarding whether the code or standard of the developer1 absent any changes proposed by the ,secretary under subparagraph 7,a71 will-- 7aa7 improve energy efficiency in buildings1 as compared to the existing model building energy code2 and 7bb7 meet the applicable targets under subsection 7b77#b74 7,,ii7 ,a final determination regarding whether the code or standard of the developer1 as modified by the changes proposed by the ,secretary under subparagraph 7,a71 would-- 7aa7 improve energy efficiency in buildings1 as compared to the existing model building energy code2 and 7bb7 meet the applicable targets under subsection 7b77#b74 7e7 ,administration ,in carrying out this section1 the ,secretary shall-- 7#a7 publish notice of targets and supporting analysis and determinations under this section in the ,federal ,register to provide an explanation of and the basis for such actions1 including any supporting modeling1 data1 assumptions1 protocols1 and cost-benefit analysis1 including return on investment2 and 7#b7 provide an opportunity for public comment on targets and supporting analysis and determinations under this section4 4 7#b7 ,conforming amendment ,the table of contents for the ,energy ,conservation and ,production ,act is amended by amending the item relating to section #cjg to read as follows3 ,sec4 #cjg4 ,support for model building energy codes4 4 #aajb4 ,cost-effective codes implementation for efficiency and resilience 7a7 ,in general ,title ,,iii of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhca et seq47 is amended by adding at the end the following3 #cji4 ,cost-effective codes implementation for efficiency and resilience 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a relevant ,state agency1 as determined by the ,secretary1 such as a ,state building code agency or ,state energy office2 and 7,b7 a partnership4 7#b7 ,partnership ,the term partnership means a partnership between an eligible entity described in paragraph 7#a77;,a7 and #a or more of the following entities3 7,a7 ,local building code agencies4 7,b7 ,codes and standards developers4 7,c7 ,associations of builders and design and construction professionals4 7,d7 ,local and utility energy efficiency programs4 7,e7 ,consumer1 energy efficiency1 and environmental advocates4 7,f7 ,other entities1 as determined by the ,secretary4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,establishment 7#a7 ,in general ,the ,secretary shall establish within the ,building ,technologies ,office of the ,department of ,energy a program under which the ,secretary shall award grants on a competitive basis to eligible entities to enable sustained cost-effective implementation of updated building energy codes4 7#b7 ,updated building energy code ,an update to a building energy code under this section shall include any update made available after the existing building energy code1 even if it is not the most recent updated code available4 7c7 ,criteria2 priority ,in awarding grants under subsection 7b71 the ,secretary shall-- 7#a7 consider-- 7,a7 prospective energy savings and plans to measure the savings2 7,b7 the long-term sustainability of those measures and savings2 7,c7 prospective benefits1 and plans to assess the benefits1 including benefits relating to-- 7i7 resilience and peak load reduction2 7ii7 occupant safety and health2 and 7iii7 environmental performance2 7,d7 the demonstrated capacity of the eligible entity to carry out the proposed project2 and 7,e7 the need of the eligible entity for assistance2 and 7#b7 give priority to applications from partnerships4 7d7 ,eligible activities 7#a7 ,in general ,an eligible entity awarded a grant under this section may use the grant funds-- 7,a7 to create or enable ,state or regional partnerships to provide training and materials to-- 7i7 builders1 contractors and subcontractors1 architects1 and other design and construction professionals1 relating to meeting updated building energy codes in a cost-effective manner2 and 7ii7 building code officials1 relating to improving implementation of and compliance with building energy codes2 7,b7 to collect and disseminate quantitative data on construction and codes implementation1 including code pathways1 performance metrics1 and technologies used2 7,c7 to develop and implement a plan for highly effective codes implementation1 including measuring compliance2 7,d7 to address various implementation needs in rural1 suburban1 and urban areas2 7,e7 to implement updates in energy codes for-- 7i7 new residential and commercial buildings 7including multifamily buildings72 and 7ii7 additions and alterations to existing residential and commercial buildings 7including multifamily buildings72 and 7,f7 to make an addition or alteration to1 or to install1 replace1 or provide maintenance to1 an air filtration and purification system of an ,,hvac system to meet exigencies related to the airborne epidemic transmissions of ,,sars-#d;,co,v-#b or coronavirus disease #bjai 7,,covid-#ai74 7#b7 ,related topics ,training and materials provided using a grant under this section may include information on the relationship between energy codes and-- 7,a7 cost-effective1 high-performance1 and zero-net-energy buildings2 7,b7 improving resilience1 health1 and safety2 7,c7 water savings and other environmental impacts2 and 7,d7 the economic impacts of energy codes4 7e7 ,prevailing wages ,all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alteration1 or repair work assisted1 in whole or in part1 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 #ca of title #dj4 ,with respect to the labor standards in this subsection1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this section-- 7#a7 #be1jjj1jjj for each of fiscal years #bjba through #bjcj2 and 7#b7 for fiscal year #bjca and each fiscal year thereafter1 such sums as are necessary4 4 7b7 ,conforming amendments 7#a7 ,table of contents ,the table of contents for the ,energy ,conservation and ,production ,act is amended by inserting after the item relating to section #cjh the following3 ,sec4 #cji4 ,cost-effective codes implementation for efficiency and resilience4 4 7#b7 ,definitions ,section #cjc of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcb7 is amended1 in the matter preceding paragraph 7#a71 by striking ,as used in and inserting ,except as otherwise provided1 in4 #aajc4 ,commercial building energy consumption information sharing 7a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 the ,administrator of the ,energy ,information ,administration 7referred to in this section as the ,administrator7 and the ,administrator of the ,environmental ,protection ,agency shall sign1 and submit to ,congress1 an information sharing agreement 7referred to in this section as the agreement7 relating to commercial building energy consumption data4 7b7 ,content of agreement ,the agreement shall-- 7#a7 provide that the ,administrator shall have access to building-specific data in the ,portfolio ,manager database of the ,environmental ,protection ,agency2 7#b7 describe the manner in which the ,administrator shall incorporate appropriate data 7including the data described in subsection 7c77 into any ,commercial ,buildings ,energy ,consumption ,survey 7referred to in this section as ,,cbecs7 published after the date of enactment of this ,act for the purpose of analyzing and estimating building population1 size1 location1 activity1 energy usage1 and any other relevant building characteristic2 and 7#c7 describe and compare-- 7,a7 the methodologies that the ,energy ,information ,administration1 the ,environmental ,protection ,agency1 and ,state and local government managers use to maximize the quality1 reliability1 and integrity of data collected through ,,cbecs1 the ,portfolio ,manager database of the ,environmental ,protection ,agency1 and ,state and local building energy disclosure laws 7including regulations71 respectively1 and the manner in which those methodologies can be improved2 and 7,b7 consistencies and variations in data for buildings that were captured in the #bjab ,,cbecs cycle and in the ,portfolio ,manager database of the ,environmental ,protection ,agency4 7c7 ,data ,the data referred in subsection 7b77#b7 includes data that-- 7#a7 is collected through the ,portfolio ,manager database of the ,environmental ,protection ,agency2 7#b7 is required to be publicly available on the internet under ,state and local government building energy disclosure laws 7including regulations72 and 7#c7 includes information on private sector buildings that are not less than #bej1jjj square feet4 7d7 ,protection of information ,in carrying out the agreement1 the ,administrator and the ,administrator of the ,environmental ,protection ,agency shall protect information in accordance with-- 7#a7 section #eeb7;b77#d7 of title #e1 ,united ,states ,code 7commonly known as the #8,freedom of ,information ,act'72 7#b7 subchapter ,,iii of chapter #ce of title #dd1 ,united ,states ,code2 and 7#c7 any other applicable law 7including regulations74 #b ,worker training and capacity building #aaaa4 ,building training and assessment centers 7a7 ,in general ,the ,secretary of ,energy shall provide grants to institutions of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja77 and ,tribal ,colleges or ,universities 7as defined in section #caf7;b7 of that ,act 7#bj ,u4,s4,c4 #ajei;c7b777 to establish building training and assessment centers-- 7#a7 to identify opportunities for optimizing energy efficiency and environmental performance in buildings2 7#b7 to promote the application of emerging concepts and technologies in commercial and institutional buildings2 7#c7 to train engineers1 architects1 building scientists1 building energy permitting and enforcement officials1 and building technicians in energy-efficient design and operation2 7#d7 to assist institutions of higher education and ,tribal ,colleges or ,universities in training building technicians2 7#e7 to promote research and development for the use of alternative energy sources and distributed generation to supply heat and power for buildings1 particularly energy-intensive buildings2 7#f7 to coordinate with and assist ,state-accredited technical training centers1 community colleges1 and ,tribal ,colleges or ,universities and ensure appropriate services are provided under this section to each region of the ,united ,states2 and 7#g7 to identify diverse candidates and firms when procuring for the design and construction of training and assessment centers4 7b7 ,coordination and nonduplication 7#a7 ,in general ,the ,secretary of ,energy shall coordinate the program with the industrial research and assessment centers program and with other ,federal programs to avoid duplication of effort4 7#b7 ,collocation ,to the maximum extent practicable1 building1 training1 and assessment centers established under this section shall be collocated with ,industrial ,assessment ,centers4 7c7 ,authorization of ,appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj1 to remain available until expended4 #aaab4 ,career skills training 7a7 ,definition of eligible entity ,in this section1 the term eligible entity means a nonprofit partnership that-- 7#a7 includes the equal participation of industry1 including public or private employers1 and labor organizations1 including joint labor-management training programs2 7#b7 may include workforce investment boards1 community-based organizations1 qualified service and conservation corps1 educational institutions1 small businesses1 cooperatives1 ,state and local veterans agencies1 and veterans service organizations2 and 7#c7 demonstrates-- 7,a7 experience in implementing and operating worker skills training and education programs2 7,b7 the ability to identify and involve in training programs carried out under this section1 target populations of individuals who would benefit from training and be actively involved in activities relating to energy efficiency and renewable energy industries2 and 7,c7 the ability to help individuals achieve economic self-sufficiency4 7b7 ,establishment ,the ,secretary of ,energy shall award grants to eligible entities to pay the ,federal share of associated career skills training programs under which students concurrently receive classroom instruction and on-the-job training for the purpose of obtaining an industry-related certification to install energy efficient buildings technologies1 including technologies described in subsection 7b77#c7 of section #cjg of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcf74 7c7 ,federal share ,the ,federal share of the cost of carrying out a career skills training program described in subsection 7a7 shall be #ej percent4 7d7 ,authorization of ,appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj1 to remain available until expended4 #c ,school buildings #aaba4 ,coordination of energy retrofitting assistance for schools ,section #cib of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcga;a7 is amended by adding at the end the following3 7e7 ,coordination of energy retrofitting assistance for schools 7#a7 ,definition of school ,notwithstanding section #cia7f71 for the purposes of this subsection1 the term school means-- 7,a7 an elementary school or secondary school 7as defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja772 7,b7 an institution of higher education 7as defined in section #ajb7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;a7772 7,c7 a school of the defense dependents' education system under the ,defense ,dependents' ,education ,act of #aigh 7#bj ,u4,s4,c4 #iba et seq47 or established under section #bafd of title #aj1 ,united ,states ,code2 7,d7 a school operated by the ,bureau of ,indian ,affairs2 7,e7 a tribally controlled school 7as defined in section #ebab of the ,tribally ,controlled ,schools ,act of #aihh 7#be ,u4,s4,c4 #beaa772 and 7,f7 a ,tribal ,college or ,university 7as defined in section #caf7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c7b7774 7#b7 ,establishment of clearinghouse ,the ,secretary1 acting through the ,office of ,energy ,efficiency and ,renewable ,energy1 shall establish a clearinghouse to disseminate information regarding available ,federal programs and financing mechanisms that may be used to help initiate1 develop1 and finance energy efficiency1 distributed generation1 and energy retrofitting projects for schools4 7#c7 ,requirements ,in carrying out paragraph 7#b71 the ,secretary shall-- 7,a7 consult with appropriate ,federal agencies to develop a list of ,federal programs and financing mechanisms that are1 or may be1 used for the purposes described in paragraph 7#b72 and 7,b7 coordinate with appropriate ,federal agencies to develop a collaborative education and outreach effort to streamline communications and promote available ,federal programs and financing mechanisms described in subparagraph 7,a71 which may include the development and maintenance of a single online resource that includes contact information for relevant technical assistance in the ,office of ,energy ,efficiency and ,renewable ,energy that ,states1 local education agencies1 and schools may use to effectively access and use such ,federal programs and financing mechanisms4 4 #aabb4 ,grants for energy efficiency improvements and renewable energy improvements at public school facilities 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means a consortium of-- 7,a7 one local educational agency2 and 7,b7 one or more-- 7i7 schools2 7ii7 nonprofit organizations2 7iii7 for-profit organizations2 or 7iv7 community partners that have the knowledge and capacity to partner and assist with energy improvements4 7#b7 ,energy improvements ,the term energy improvements means-- 7,a7 any improvement1 repair1 or renovation1 to a school that will result in a direct reduction in school energy costs including but not limited to improvements to building envelope1 air conditioning1 ventilation1 heating system1 domestic hot water heating1 compressed air systems1 distribution systems1 lighting1 power systems and controls2 7,b7 any improvement1 repair1 renovation1 or installation that leads to an improvement in teacher and student health including but not limited to indoor air quality1 daylighting1 ventilation1 electrical lighting1 and acoustics2 and 7,c7 the installation of renewable energy technologies 7such as wind power1 photovoltaics1 solar thermal systems1 geothermal energy1 hydrogen-fueled systems1 biomass-based systems1 biofuels1 anaerobic digesters1 and hydropower7 involved in the improvement1 repair1 or renovation to a school4 7b7 ,authority ,from amounts made available for grants under this section1 the ,secretary of ,energy shall provide competitive grants to eligible entities to make energy improvements authorized by this section4 7c7 ,priority ,in making grants under this section1 the ,secretary shall give priority to eligible entities that have renovation1 repair1 and improvement funding needs and are-- 7#a7 a high-need local educational agency1 as defined in section #bajb of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ffjb72 or 7#b7 a local educational agency designated with a metrocentric locale code of #da1 #db1 or #dc1 as determined by the ,national ,center for ,education ,statistics 7,,nces71 in conjunction with the ,bureau of the ,census1 using the ,,nces system for classifying local educational agencies4 7d7 ,competitive criteria ,the competitive criteria used by the ,secretary shall include the following3 7#a7 ,the fiscal capacity of the eligible entity to meet the needs for improvements of school facilities without assistance under this section1 including the ability of the eligible entity to raise funds through the use of local bonding capacity and otherwise4 7#b7 ,the likelihood that the local educational agency or eligible entity will maintain1 in good condition1 any facility whose improvement is assisted4 7#c7 ,the potential energy efficiency and safety benefits from the proposed energy improvements4 7e7 ,applications ,to be eligible to receive a grant under this section1 an applicant must submit to the ,secretary an application that includes each of the following3 7#a7 ,a needs assessment of the current condition of the school and facilities that are to receive the energy improvements4 7#b7 ,a draft work plan of what the applicant hopes to achieve at the school and a description of the energy improvements to be carried out4 7#c7 ,a description of the applicant's capacity to provide services and comprehensive support to make the energy improvements4 7#d7 ,an assessment of the applicant's expected needs for operation and maintenance training funds1 and a plan for use of those funds1 if any4 7#e7 ,an assessment of the expected energy efficiency and safety benefits of the energy improvements4 7#f7 ,a cost estimate of the proposed energy improvements4 7#g7 ,an identification of other resources that are available to carry out the activities for which funds are requested under this section1 including the availability of utility programs and public benefit funds4 7f7 ,use of grant amounts 7#a7 ,in general ,the recipient of a grant under this section shall use the grant amounts only to make the energy improvements contemplated in the application1 subject to the other provisions of this subsection4 7#b7 ,operation and maintenance training ,the recipient may use up to #e percent for operation and maintenance training for energy efficiency and renewable energy improvements 7such as maintenance staff and teacher training1 education1 and preventative maintenance training74 7#c7 ,audit ,the recipient may use funds for a third-party investigation and analysis for energy improvements 7such as energy audits and existing building commissioning74 7#d7 ,continuing education ,the recipient may use up to #a percent of the grant amounts to develop a continuing education curriculum relating to energy improvements4 7g7 ,contracting requirements 7#a7 ,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 ,secretary of ,labor under subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly referred to as the ,davis-,bacon ,act74 7#b7 ,competition ,each applicant that receives funds shall ensure that1 if the applicant carries out repair or renovation through a contract1 any such contract process-- 7,a7 ensures the maximum number of qualified bidders1 including small1 minority1 and women-owned businesses1 through full and open competition2 and 7,b7 gives priority to businesses located in1 or resources common to1 the ,state or the geographical area in which the project is carried out4 7h7 ,reporting ,each recipient of a grant under this section shall submit to the ,secretary1 at such time as the ,secretary may require1 a report describing the use of such funds for energy improvements1 the estimated cost savings realized by those energy improvements1 the results of any audit1 the use of any utility programs and public benefit funds and the use of performance tracking for energy improvements 7such as the ,department of ,energy3 ,energy ,star program or ,,leed for ,existing ,buildings74 7i7 ,best practices ,the ,secretary shall develop and publish guidelines and best practices for activities carried out under this section4 7j7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ajj1jjj1jjj for each of fiscal years #bjba through #bjbe4 #d ,national ,institute of ,standards and ,technology #aacb4 ,research for effectiveness and standards ,the ,director of the ,national ,institute of ,standards and ,technology shall-- 7#a7 collect data following wildfires in the wildland-urban interface related to the influence of building materials on structural fires and how wind1 terrain1 and moisture affect wildland fires2 and 7#b7 contribute to the scientific basis for analyzing economic outcomes of wildland-urban interface fire mitigation by conducting research on and developing metrics for the-- 7,a7 relative contribution of moisture1 weather1 terrain1 and infrastructure2 7,b7 losses and erosion of the forest floor resulting from wildfires in the wildland urban interface2 and 7,c7 the performance of current designs1 materials1 and technologies used for-- 7i7 residential structures2 7ii7 public and ,federal government buildings2 7iii7 electric grid infrastructure2 and 7iv7 other critical infrastructure4 ,b ,industrial efficiency and competitiveness #a ,manufacturing energy efficiency #abja4 ,purposes ,the purposes of this part are-- 7#a7 to establish a clear and consistent authority for industrial efficiency programs of the ,department of ,energy2 7#b7 to accelerate the deployment of technologies and practices that will increase industrial energy efficiency and improve productivity2 7#c7 to accelerate the development and demonstration of technologies that will assist the deployment goals of the industrial efficiency programs of the ,department of ,energy and increase manufacturing efficiency2 7#d7 to stimulate domestic economic growth and improve industrial productivity and competitiveness2 7#e7 to meet the future workforce needs of industry2 and 7#f7 to strengthen partnerships between ,federal and ,state governmental agencies and the private and academic sectors4 #abjb4 ,future of ,industry program and industrial research and assessment centers 7a7 ,future of ,industry program ,section #deb of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaaa7 is amended-- 7#a7 by striking the section heading and inserting the following3 ,future of ,industry program2 7#b7 in subsection 7a77#b7-- 7,a7 by redesignating subparagraph 7,e7 as subparagraph 7,f72 and 7,b7 by inserting after subparagraph 7,d7 the following3 7,e7 water and wastewater treatment facilities1 including systems that treat municipal1 industrial1 and agricultural waste2 and 2 7#c7 by striking subsection 7e72 and 7#d7 by redesignating subsection 7f7 as subsection 7e74 7b7 ,industrial research and assessment centers ,subtitle ,d of title ,,iv of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaaa et seq47 is amended by adding at the end the following3 #ded4 ,industrial research and assessment centers 7a7 ,definitions ,in this section3 7#a7 ,energy service provider ,the term energy service provider means-- 7,a7 any business providing technology or services to improve the energy efficiency1 water efficiency1 power factor1 or load management of a manufacturing site or other industrial process in an energy-intensive industry 7as defined in section #deb7;a772 and 7,b7 any utility operating under a utility energy service project4 7#b7 ,industrial research and assessment center ,the term industrial research and assessment center means-- 7,a7 an institution of higher education-based industrial research and assessment center that is funded by the ,secretary under subsection 7b72 and 7,b7 an industrial research and assessment center at a trade school1 community college1 or union training program that is funded by the ,secretary under subsection 7f74 7b7 ,institution of higher education-,based industrial research and assessment centers 7#a7 ,in general ,the ,secretary shall provide funding to institution of higher education-based industrial research and assessment centers4 7#b7 ,purpose ,the purpose of each institution of higher education-based industrial research and assessment center shall be-- 7,a7 to identify opportunities for optimizing energy efficiency and environmental performance1 including implementation of-- 7i7 smart manufacturing2 7ii7 energy management systems2 7iii7 sustainable manufacturing2 and 7iv7 information technology advancements for supply chain analysis1 logistics1 system monitoring1 industrial and manufacturing processes1 and other purposes2 7,b7 to promote applications of emerging concepts and technologies in small- and medium-sized manufacturers 7including water and wastewater treatment facilities and federally owned manufacturing facilities72 7,c7 to promote research and development for the use of alternative energy sources to supply heat1 power1 and new feedstocks for energy-intensive industries2 7,d7 to coordinate with appropriate ,federal and ,state research offices2 7,e7 to provide a clearinghouse for industrial process and energy efficiency technical assistance resources2 and 7,f7 to coordinate with ,state-accredited technical training centers and community colleges1 while ensuring appropriate services to all regions of the ,united ,states4 7c7 ,coordination ,to increase the value and capabilities of the industrial research and assessment centers1 the centers shall-- 7#a7 coordinate with ,manufacturing ,extension ,partnership ,centers of the ,national ,institute of ,standards and ,technology2 7#b7 coordinate with the ,federal ,energy ,management ,program and the ,building ,technologies ,program of the ,department of ,energy to provide building assessment services to manufacturers2 7#c7 increase partnerships with the ,national ,laboratories of the ,department of ,energy to leverage the expertise1 technologies1 and research and development capabilities of the ,national ,laboratories for national industrial and manufacturing needs2 7#d7 increase partnerships with energy service providers and technology providers to leverage private sector expertise and accelerate deployment of new and existing technologies and processes for energy efficiency1 power factor1 and load management2 7#e7 identify opportunities for reducing greenhouse gas emissions and other air emissions2 and 7#f7 promote sustainable manufacturing practices for small- and medium-sized manufacturers4 7d7 ,outreach ,the ,secretary shall provide funding for-- 7#a7 outreach activities by the industrial research and assessment centers to inform small- and medium-sized manufacturers of the information1 technologies1 and services available2 and 7#b7 coordination activities by each industrial research and assessment center to leverage efforts with-- 7,a7 ,federal and ,state efforts2 7,b7 the efforts of utilities and energy service providers2 7,c7 the efforts of regional energy efficiency organizations2 and 7,d7 the efforts of other industrial research and assessment centers4 7e7 ,centers of ,excellence 7#a7 ,establishment ,the ,secretary shall establish a ,center of ,excellence at not more than #e of the highest-performing industrial research and assessment centers1 as determined by the ,secretary4 7#b7 ,duties ,a ,center of ,excellence shall coordinate with and advise the industrial research and assessment centers located in the region of the ,center of ,excellence1 including-- 7,a7 by mentoring new directors and staff of the industrial research and assessment centers with respect to-- 7i7 the availability of resources2 and 7ii7 best practices for carrying out assessments1 including through the participation of the staff of the ,center of ,excellence in assessments carried out by new industrial research and assessment centers2 7,b7 by providing training to staff and students at the industrial research and assessment centers on new technologies1 practices1 and tools to expand the scope and impact of the assessments carried out by the centers2 7,c7 by assisting the industrial research and assessment centers with specialized technical opportunities1 including by providing a clearinghouse of available expertise and tools to assist the centers and clients of the centers in assessing and implementing those opportunities2 7,d7 by identifying and coordinating with regional1 ,state1 local1 and utility energy efficiency programs for the purpose of facilitating efforts by industrial research and assessment centers to connect industrial facilities receiving assessments from those centers with regional1 ,state1 local1 and utility energy efficiency programs that could aid the industrial facilities in implementing any recommendations resulting from the assessments2 7,e7 by facilitating coordination between the industrial research and assessment centers and other ,federal programs described in paragraphs 7#a7 through 7#c7 of subsection 7c72 and 7,f7 by coordinating the outreach activities of the industrial research and assessment centers under subsection 7d77#a74 7#c7 ,funding ,subject to the availability of appropriations1 for each fiscal year1 out of any amounts made available to carry out this section under subsection 7i71 the ,secretary shall use not less than #ejj1jjj to support each ,center of ,excellence4 7f7 ,expansion of industrial research and assessment centers 7#a7 ,in general ,the ,secretary shall provide funding to establish additional industrial research and assessment centers at trade schools1 community colleges1 and union training programs4 7#b7 ,purpose 7,a7 ,in general ,subject to subparagraph 7,b71 to the maximum extent practicable1 an industrial research and assessment center established under paragraph 7#a7 shall have the same purpose as an institution of higher education-based industrial research center that is funded by the ,secretary under subsection 7b77#a74 7,b7 ,consideration of capabilities ,in evaluating or establishing the purpose of an industrial research and assessment center established under paragraph 7#a71 the ,secretary shall take into consideration the varying capabilities of trade schools1 community colleges1 and union training programs4 7g7 ,workforce training 7#a7 ,internships ,the ,secretary shall pay the ,federal share of associated internship programs under which students work with or for industries1 manufacturers1 and energy service providers to implement the recommendations of industrial research and assessment centers4 7#b7 ,apprenticeships ,the ,secretary shall pay the ,federal share of associated apprenticeship programs under which-- 7,a7 students work with or for industries1 manufacturers1 and energy service providers to implement the recommendations of industrial research and assessment centers2 and 7,b7 employees of facilities that have received an assessment from an industrial research and assessment center work with or for an industrial research and assessment center to gain knowledge on engineering practices and processes to improve productivity and energy savings4 7#c7 ,federal share ,the ,federal share of the cost of carrying out internship programs described in paragraph 7#a7 and apprenticeship programs described in paragraph 7#b7 shall be #ej percent4 7h7 ,small business loans ,the ,administrator of the ,small ,business ,administration shall1 to the maximum extent practicable1 expedite consideration of applications from eligible small business concerns for loans under the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq47 to implement recommendations developed by the industrial research and assessment centers4 7i7 ,funding ,there is authorized to be appropriated to the ,secretary to carry out this section #cj1jjj1jjj for each fiscal year1 to remain available until expended4 4 7c7 ,clerical amendments ,the table of contents of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 prec4 #agjja7 is amended-- 7#a7 in the item relating to section #deb1 by striking ,energy-intensive industries program and inserting ,future of industry program2 and 7#b7 by adding at the end of the items relating to subtitle ,d of title ,,iv the following3 ,sec4 #ded4 ,industrial research and assessment centers4 4 #abjc4 ,sustainable manufacturing initiative 7a7 ,in general ,part ,e of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcda et seq47 is amended by adding at the end the following3 #cgf4 ,sustainable manufacturing initiative 7a7 ,in general ,as part of the ,office of ,energy ,efficiency and ,renewable ,energy of the ,department of ,energy1 the ,secretary1 on the request of a manufacturer1 shall carry out onsite technical assessments to identify opportunities for-- 7#a7 maximizing the energy efficiency of industrial processes and cross-cutting systems2 7#b7 preventing pollution and minimizing waste2 7#c7 improving efficient use of water in manufacturing processes2 7#d7 conserving natural resources2 and 7#e7 achieving such other goals as the ,secretary determines to be appropriate4 7b7 ,coordination ,to implement any recommendations resulting from an onsite technical assessment carried out under subsection 7a7 and to accelerate the adoption of new and existing technologies and processes that improve energy efficiency1 the ,secretary shall coordinate with-- 7#a7 the ,advanced ,manufacturing ,office of the ,department of ,energy2 7#b7 the ,building ,technologies ,office of the ,department of ,energy2 7#c7 the ,federal ,energy ,management ,program of the ,department of ,energy2 and 7#d7 the private sector and other appropriate agencies1 including the ,national ,institute of ,standards and ,technology4 7c7 ,research and development program for sustainable manufacturing and industrial technologies and processes ,as part of the industrial efficiency programs of the ,department of ,energy1 the ,secretary shall carry out a joint industry-government partnership program to research1 develop1 and demonstrate new sustainable manufacturing and industrial technologies and processes that maximize the energy efficiency of industrial plants1 reduce pollution1 and conserve natural resources4 4 7b7 ,clerical amendment ,the table of contents of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 prec4 #fbja7 is amended by adding at the end of the items relating to part ,e of title ,,iii the following3 ,sec4 #cgf4 ,sustainable manufacturing initiative4 4 #abjd4 ,conforming amendments 7a7 ,section #ajf of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehaa7 and the item relating to such section in the table of contents of such ,act are repealed4 7b7 ,sections #aca1 #acb1 #acc1 #bajc1 and #bajg of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #fcdh1 #fcdi1 #fcej1 #acdec1 #acdef7 and the items relating to such section in the table of contents of such ,act are repealed4 7c7 ,section #baja7;a7 of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acdea7;a77 is amended in the third sentence by striking sections #bajb1 #bajc1 #bajd1 #baje1 #bajf1 #bajg1 and #bajh and inserting sections #bajb1 #bajd1 #baje1 #bajf1 and #bajh of this ,act and section #cgf of the ,energy ,policy and ,conservation ,act14 #b ,extended product system rebate program #abaa4 ,extended ,product ,system ,rebate ,program 7a7 ,definitions ,in this section3 7#a7 ,electric motor ,the term electric motor has the meaning given the term in section #dca4ab of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#b7 ,electronic control ,the term electronic control means-- 7,a7 a power converter2 or 7,b7 a combination of a power circuit and control circuit included on #a chassis4 7#c7 ,extended product system ,the term extended product system means an electric motor and any required associated electronic control and driven load that-- 7,a7 offers variable speed or multispeed operation2 7,b7 offers partial load control that reduces input energy requirements 7as measured in kilowatt-hours7 as compared to identified base levels set by the ,secretary of ,energy2 and 7,c7 7i7 has greater than #a horsepower2 and 7ii7 uses an extended product system technology1 as determined by the ,secretary of ,energy4 7#d7 ,qualified extended product system 7,a7 ,in general ,the term qualified extended product system means an extended product system that-- 7i7 includes an electric motor and an electronic control2 and 7ii7 reduces the input energy 7as measured in kilowatt-hours7 required to operate the extended product system by not less than #e percent1 as compared to identified base levels set by the ,secretary of ,energy4 7,b7 ,inclusions ,the term qualified extended product system includes commercial or industrial machinery or equipment that-- 7i7 7,i7 did not previously make use of the extended product system prior to the redesign described in subclause 7,,ii72 and 7,,ii7 incorporates an extended product system that has greater than #a horsepower into redesigned machinery or equipment2 and 7ii7 was previously used prior to1 and was placed back into service during1 calendar year #bjba or #bjbb4 7b7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,energy shall establish a program to provide rebates for expenditures made by qualified entities for the purchase or installation of a qualified extended product system4 7c7 ,qualified entities 7#a7 ,eligibility requirements ,a qualified entity under this section shall be-- 7,a7 in the case of a qualified extended product system described in subsection 7a77#d77;,a71 the purchaser of the qualified extended product that is installed2 and 7,b7 in the case of a qualified extended product system described in subsection 7a77#d77;,b71 the manufacturer of the commercial or industrial machinery or equipment that incorporated the extended product system into that machinery or equipment4 7#b7 ,application ,to be eligible to receive a rebate under this section1 a qualified entity shall submit to the ,secretary of ,energy-- 7,a7 an application in such form1 at such time1 and containing such information as the ,secretary of ,energy may require2 and 7,b7 a certification that includes demonstrated evidence-- 7i7 that the entity is a qualified entity2 and 7ii7 7,i7 in the case of a qualified entity described in paragraph 7#a77;,a7-- 7aa7 that the qualified entity installed the qualified extended product system during the #b fiscal years following the date of enactment of this ,act2 7bb7 that the qualified extended product system meets the requirements of subsection 7a77#d77;,a72 and 7cc7 showing the serial number1 manufacturer1 and model number from the nameplate of the installed motor of the qualified entity on which the qualified extended product system was installed2 or 7,,ii7 in the case of a qualified entity described in paragraph 7#a77;,b71 demonstrated evidence-- 7aa7 that the qualified extended product system meets the requirements of subsection 7a77#d77;,b72 and 7bb7 showing the serial number1 manufacturer1 and model number from the nameplate of the installed motor of the qualified entity with which the extended product system is integrated4 7d7 ,authorized amount of rebate 7#a7 ,in general ,the ,secretary of ,energy may provide to a qualified entity a rebate in an amount equal to the product obtained by multiplying-- 7,a7 an amount equal to the sum of the nameplate rated horsepower of-- 7i7 the electric motor to which the qualified extended product system is attached2 and 7ii7 the electronic control2 and 7,b7 #be4 7#b7 ,maximum aggregate amount ,a qualified entity shall not be entitled to aggregate rebates under this section in excess of #be1jjj per calendar year4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #e1jjj1jjj for each of the first #b full fiscal years following the date of enactment of this ,act1 to remain available until expended4 #c ,transformer rebate program #abba4 ,energy ,efficient ,transformer ,rebate ,program 7a7 ,definitions ,in this section3 7#a7 ,qualified energy efficient transformer ,the term qualified energy efficient transformer means a transformer that meets or exceeds the applicable energy conservation standards described in the tables in subsection 7b77#b7 and paragraphs 7#a7 and 7#b7 of subsection 7c7 of section #dca4aif of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#b7 ,qualified energy inefficient transformer ,the term qualified energy inefficient transformer means a transformer with an equal number of phases and capacity to a transformer described in any of the tables in subsection 7b77#b7 and paragraphs 7#a7 and 7#b7 of subsection 7c7 of section #dca4aif of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act7 that-- 7,a7 does not meet or exceed the applicable energy conservation standards described in paragraph 7#a72 and 7,b7 7i7 was manufactured between ,january #a1 #aihg1 and ,december #ca1 #bjjh1 for a transformer with an equal number of phases and capacity as a transformer described in the table in subsection 7b77#b7 of section #dca4aif of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act72 or 7ii7 was manufactured between ,january #a1 #aiib1 and ,december #ca1 #bjaa1 for a transformer with an equal number of phases and capacity as a transformer described in the table in paragraph 7#a7 or 7#b7 of subsection 7c7 of that section 7as in effect on the date of enactment of this ,act74 7#c7 ,qualified entity ,the term qualified entity means an owner of industrial or manufacturing facilities1 commercial buildings1 or multifamily residential buildings1 a utility1 or an energy service company that fulfills the requirements of subsection 7d74 7b7 ,establishment ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,energy shall establish a program to provide rebates to qualified entities for expenditures made by the qualified entity for the replacement of a qualified energy inefficient transformer with a qualified energy efficient transformer4 7c7 ,requirements ,to be eligible to receive a rebate under this section1 an entity shall submit to the ,secretary of ,energy an application in such form1 at such time1 and containing such information as the ,secretary of ,energy may require1 including demonstrated evidence-- 7#a7 that the entity purchased a qualified energy efficient transformer2 7#b7 of the core loss value of the qualified energy efficient transformer2 7#c7 of the age of the qualified energy inefficient transformer being replaced2 7#d7 of the core loss value of the qualified energy inefficient transformer being replaced-- 7,a7 as measured by a qualified professional or verified by the equipment manufacturer1 as applicable2 or 7,b7 for transformers described in subsection 7a77#b77;,b77i71 as selected from a table of default values as determined by the ,secretary of ,energy in consultation with applicable industry2 and 7#e7 that the qualified energy inefficient transformer has been permanently decommissioned and scrapped4 7d7 ,authorized amount of rebate ,the amount of a rebate provided under this section shall be-- 7#a7 for a #c-phase or single-phase transformer with a capacity of not less than #aj and not greater than #b1ejj kilovolt-amperes1 twice the amount equal to the difference in ,watts between the core loss value 7as measured in accordance with paragraphs 7#b7 and 7#d7 of subsection 7c77 of-- 7,a7 the qualified energy inefficient transformer2 and 7,b7 the qualified energy efficient transformer2 or 7#b7 for a transformer described in subsection 7a77#b77;,b77i71 the amount determined using a table of default rebate values by rated transformer output1 as measured in kilovolt-amperes1 as determined by the ,secretary of ,energy in consultation with applicable industry4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #e1jjj1jjj for each of fiscal years #bjba and #bjbb1 to remain available until expended4 7f7 ,termination of effectiveness ,the authority provided by this section terminates on ,december #ca1 #bjbb4 ,c ,federal agency energy efficiency #acja4 ,energy-efficient and energy-saving information technologies 7a7 ,in general ,subtitle ,c of title ,v of the ,energy ,independence and ,security ,act of #bjjg 7,public ,law #aaj-adj2 #aba ,stat4 #affa7 is amended by adding at the end the following3 #ecj4 ,energy-efficient and energy-saving information technologies 7a7 ,definitions ,in this section3 7#a7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7#b7 ,information technology ,the term information technology has the meaning given that term in section #aaaja of title #dj1 ,united ,states ,code4 7b7 ,development of implementation strategy ,not later than #a year after the date of enactment of this section1 each ,federal agency shall coordinate with the ,director1 the ,secretary1 and the ,administrator of the ,environmental ,protection ,agency to develop an implementation strategy 7that includes best practices and measurement and verification techniques7 for the maintenance1 purchase1 and use by the ,federal agency of energy-efficient and energy-saving information technologies at or for federally owned and operated facilities1 taking into consideration the performance goals established under subsection 7d74 7c7 ,administration ,in developing an implementation strategy under subsection 7b71 each ,federal agency shall consider-- 7#a7 advanced metering infrastructure2 7#b7 energy-efficient data center strategies and methods of increasing asset and infrastructure utilization2 7#c7 advanced power management tools2 7#d7 building information modeling1 including building energy management2 7#e7 secure telework and travel substitution tools2 and 7#f7 mechanisms to ensure that the agency realizes the energy cost savings brought about through increased efficiency and utilization4 7d7 ,performance goals 7#a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,director1 in consultation with the ,secretary1 shall establish performance goals for evaluating the efforts of ,federal agencies in improving the maintenance1 purchase1 and use of energy-efficient and energy-saving information technology at or for federally owned and operated facilities4 7#b7 ,best practices ,the ,chief ,information ,officers ,council established under section #cfjc of title #dd1 ,united ,states ,code1 shall recommend best practices for the attainment of the performance goals1 which shall include ,federal agency consideration of1 to the extent applicable by law1 the use of-- 7,a7 energy savings performance contracting2 and 7,b7 utility energy services contracting4 7e7 ,reports 7#a7 ,agency reports ,each ,federal agency shall include in the report of the agency under section #ebg a description of the efforts and results of the agency under this section4 7#b7 ,,omb government efficiency reports and scorecards ,effective beginning not later than ,october #a1 #bjba1 the ,director shall include in the annual report and scorecard of the ,director required under section #ebh a description of the efforts and results of ,federal agencies under this section4 4 7b7 ,conforming amendment ,the table of contents for the ,energy ,independence and ,security ,act of #bjjg is amended by adding after the item relating to section #ebi the following3 ,sec4 #ecj4 ,energy-efficient and energy-saving information technologies4 4 #acjb4 ,energy efficient data centers ,section #dec of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaab7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#b77;,d77iv71 by striking determined by the organization and inserting proposed by the stakeholders2 and 7,b7 by striking paragraph 7#c72 and 7#b7 by striking subsections 7c7 through 7g7 and inserting the following3 7c7 ,stakeholder involvement ,the ,secretary and the ,administrator shall carry out subsection 7b7 in collaboration with information technology industry and other key stakeholders1 with the goal of producing results that accurately reflect the most relevant and useful information4 ,in such collaboration1 the ,secretary and the ,administrator shall pay particular attention to organizations that-- 7#a7 have members with expertise in energy efficiency and in the development1 operation1 and functionality of data centers1 information technology equipment1 and software1 such as representatives of hardware manufacturers1 data center operators1 and facility managers2 7#b7 obtain and address input from ,department of ,energy ,national ,laboratories or any college1 university1 research institution1 industry association1 company1 or public interest group with applicable expertise2 7#c7 follow-- 7,a7 commonly accepted procedures for the development of specifications2 and 7,b7 accredited standards development processes2 and 7#d7 have a mission to promote energy efficiency for data centers and information technology4 7d7 ,measurements and ,specifications ,the ,secretary and the ,administrator shall consider and assess the adequacy of the specifications1 measurements1 best practices1 and benchmarks described in subsection 7b7 for use by the ,federal ,energy ,management ,program1 the ,energy ,star ,program1 and other efficiency programs of the ,department of ,energy or the ,environmental ,protection ,agency4 7e7 ,study ,the ,secretary1 in collaboration with the ,administrator1 shall1 not later than #d years after the date of enactment of the ,clean ,economy ,jobs and ,innovation ,act1 make available to the public an update to the report of the ,lawrence ,berkeley ,national ,laboratory entitled ,united ,states ,data ,center ,energy ,usage ,report and dated ,june1 #bjaf 7prepared as an update to the ,report to ,congress on ,server and ,data ,center ,energy ,efficiency1 published on ,august #b1 #bjjg1 under section #a of ,public ,law #aji-dca 7#abj ,stat4 #bibj771 that includes-- 7#a7 a comparison and gap analysis of the estimates and projections contained in the report with new data regarding the period from #bjae through #bjbj2 7#b7 an analysis considering the impact of information technologies1 including virtualization and cloud computing1 in the public and private sectors2 7#c7 an evaluation of the impact of the combination of cloud platforms1 mobile devices1 social media1 and big data on data center energy usage2 7#d7 an evaluation of water usage in data centers and recommendations for reductions in such water usage2 and 7#e7 updated projections and recommendations for best practices through fiscal year #bjbe4 7f7 ,data center energy practitioner program ,the ,secretary1 in collaboration with key stakeholders and the ,director of the ,office of ,management and ,budget1 shall maintain a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in federally owned and operated data centers4 ,each ,federal agency shall consider having the data centers of the agency evaluated every #d years1 in accordance with section #edc7;f7 of the ,national ,energy ,conservation ,policy ,act1 by energy practitioners certified pursuant to such program4 7g7 ,open data initiative ,the ,secretary1 in collaboration with key stakeholders and the ,office of ,management and ,budget1 shall establish an open data initiative relating to energy usage at federally owned and operated data centers1 with the purpose of making such data available and accessible in a manner that encourages further data center innovation1 optimization1 and consolidation4 ,in establishing the initiative1 the ,secretary shall consider the use of the online ,data ,center ,maturity ,model4 7h7 ,international specifications and metrics ,the ,secretary1 in collaboration with key stakeholders1 shall actively participate in efforts to harmonize global specifications and metrics for data center energy and water efficiency4 7i7 ,data center utilization metric ,the ,secretary1 in collaboration with key stakeholders1 shall facilitate in the development of an efficiency metric that measures the energy efficiency of a data center 7including equipment and facilities74 7j7 ,protection of proprietary information ,the ,secretary and the ,administrator shall not disclose any proprietary information or trade secrets provided by any individual or company for the purposes of carrying out this section or the programs and initiatives established under this section4 4 ,d ,regulatory ,provisions #a ,federal green buildings #adja4 ,high-performance green ,federal buildings ,section #dcf7;h7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjib7;h77 is amended-- 7#a7 in the subsection heading1 by striking system and inserting systems2 7#b7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,based on an ongoing review1 the ,federal ,director shall identify and shall provide to the ,secretary pursuant to section #cje7;a77#c77;,d7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7;a77#c77;,d77 a list of those certification systems that the ,director identifies as the most likely to encourage a comprehensive and environmentally sound approach to certification of green buildings4 2 and 7#c7 in paragraph 7#b7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking system and inserting systems2 7,b7 by striking subparagraph 7,a7 and inserting the following3 7,a7 an ongoing review provided to the ,secretary pursuant to section #cje7;a77#c77;,d7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7;a77#c77;,d771 which shall-- 7i7 be carried out by the ,federal ,director to compare and evaluate standards2 and 7ii7 allow any developer or administrator of a rating system or certification system to be included in the review2 2 7,c7 in subparagraph 7,e77v71 by striking and after the semicolon at the end2 7,d7 in subparagraph 7,f71 by striking the period at the end and inserting a semicolon2 and 7,e7 by adding at the end the following3 7,g7 a finding that1 for all credits addressing the sourcing of grown1 harvested1 or mined materials1 the system rewards the use of products that have obtained certifications of responsible sourcing1 such as certifications provided by the ,sustainable ,forestry ,initiative1 the ,forest ,stewardship ,council1 the ,american ,tree ,farm ,system1 or the ,programme for the ,endorsement of ,forest ,certification2 and 7,h7 a finding that the system incorporates life-cycle assessment as a credit pathway4 4 #b ,energy and water performance requirements for ,federal buildings #adaa4 ,federal ,energy ,management ,program 7a7 ,findings ,congress finds the following3 7#a7 ,the ,federal ,government is the largest energy user in the ,united ,states4 7#b7 ,reducing energy and water use in ,federal facilities-- 7,a7 saves taxpayer dollars2 7,b7 reduces greenhouse gas emissions from the ,federal sector2 and 7,c7 increases employee comfort and productivity4 7#c7 ,it is important for the ,federal ,government to-- 7,a7 develop goals for energy and water use reduction in ,federal facilities2 and 7,b7 to the maximum extent practicable1 take measures that are life cycle cost effective4 7b7 ,sense of ,congress ,it is the sense of ,congress that ,federal agencies should-- 7#a7 for each of fiscal years #bjbj through #bjcj1 reduce average building energy intensity 7as measured in ,british thermal units per gross square foot7 at facilities of the agency by #b4e percent each fiscal year1 relative to the average building energy intensity of the facilities of the agency in fiscal year #bjah2 and 7#b7 for each of fiscal years #bjbj through #bjcj1 improve water use efficiency and management1 including stormwater management1 at facilities of the agency by reducing agency water consumption intensity-- 7,a7 by reducing the potable water consumption by #ed percent by fiscal year #bjcj1 relative to the potable water consumption of the agency in fiscal year #bjjg1 through reductions of #b percent each fiscal year 7as measured in gallons per gross square foot72 7,b7 by reducing the industrial1 landscaping1 and agricultural water consumption of the agency1 as compared to a baseline of that consumption by the agency in fiscal year #bjaj1 through reductions of #b percent each fiscal year 7as measured in gallons72 and 7,c7 by installing appropriate infrastructure features on federally owned property to improve stormwater and wastewater management4 7c7 ,energy management requirements ,section #edc of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbec7 is amended by adding at the end the following3 7h7 ,federal energy management program 7#a7 ,in general ,the ,secretary shall carry out a program1 to be known as the ,federal ,energy ,management ,program 7referred to in this subsection as the ,program71 to facilitate the implementation by the ,federal ,government of cost-effective energy and water management and energy-related investment practices-- 7,a7 to coordinate and strengthen ,federal energy and water resilience2 and 7,b7 to promote environmental stewardship4 7#b7 ,federal ,director ,the ,secretary shall appoint an individual to serve as the director of the ,program 7referred to in this subsection as the ,federal ,director71 which shall be a career position in the ,senior ,executive service1 to administer the ,program4 7#c7 ,program activities 7,a7 ,strategic planning and technical assistance ,in administering the ,program1 the ,federal ,director shall-- 7i7 provide technical assistance and project implementation support and guidance to agencies to identify1 implement1 procure1 and track energy and water conservation measures required under this ,act and under other provisions of law2 7ii7 in coordination with the ,administrator of the ,general ,services ,administration1 establish appropriate procedures1 methods1 and best practices for use by agencies to select1 monitor1 and terminate contracts entered into pursuant to a utility incentive program under section #edf7;c7 with utilities2 7iii7 carry out the responsibilities of the ,secretary under section #hja1 as determined appropriate by the ,secretary2 7iv7 establish and maintain internet-based information resources and project tracking systems and tools for energy and water management2 7v7 coordinate comprehensive and strategic approaches to energy and water resilience planning for agencies2 and 7vi7 establish a recognition program for ,federal achievement in energy and water management1 energy-related investment practices1 environmental stewardship1 and other relevant areas1 through events such as individual recognition award ceremonies and public announcements4 7,b7 ,energy and water management and reporting ,in administering the ,program1 the ,federal ,director shall-- 7i7 track and report on the progress of agencies in meeting the requirements of the agency under this section2 7ii7 make publicly available agency performance data required under-- 7,i7 this section and sections #edd1 #edf1 #edg1 and #edh2 and 7,,ii7 section #bjc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeheb72 7iii7 7,i7 collect energy and water use and consumption data from each agency2 and 7,,ii7 based on that data1 submit to each agency a report that will facilitate the energy and water management1 energy-related investment practices1 and environmental stewardship of the agency in support of ,federal goals under this ,act and under other provisions of law2 7iv7 carry out the responsibilities of the ,secretary under section #cje of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd72 7v7 in consultation with the ,administrator of the ,general ,services ,administration1 acting through the head of the ,office of ,high-,performance ,green ,buildings1 establish and implement sustainable design principles for ,federal facilities2 and 7vi7 designate products that meet the highest energy conservation standards for categories not covered under the ,energy ,star program established under section #cbd;,a of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid;a74 7,c7 ,federal interagency coordination ,in administering the ,program1 the ,federal ,director shall-- 7i7 develop and implement accredited training consistent with existing ,federal programs and activities-- 7,i7 relating to energy and water use1 management1 and resilience in ,federal facilities1 energy-related investment practices1 and environmental stewardship2 and 7,,ii7 that includes in-person training1 internet-based programs1 and national in-person training events2 7ii7 carry out the functions of the ,secretary with respect to the ,interagency ,energy ,management ,task ,force under section #edg2 and 7iii7 report on the implementation of the priorities of the ,president1 including ,executive orders1 relating to energy and water use in ,federal facilities1 in coordination with-- 7,i7 the ,office of ,management and ,budget2 7,,ii7 the ,council on ,environmental ,quality2 and 7,,iii7 any other entity1 as considered necessary by the ,federal ,director4 7,d7 ,facility and fleet optimization ,in administering the ,program1 the ,federal ,director shall develop guidance1 supply assistance to1 and track the progress of agencies-- 7i7 in conducting portfolio-wide facility energy and water resilience planning and project integration2 7ii7 in building new construction and major renovations to meet the sustainable design and energy and water performance standards required under this section2 7iii7 in developing guidelines for-- 7,i7 facility commissioning2 and 7,,ii7 facility operations and maintenance2 and 7iv7 in coordination with the ,administrator of the ,general ,services ,administration1 in meeting statutory and agency goals for ,federal fleet vehicles4 7#d7 ,management council ,the ,federal ,director shall establish a management council to advise the ,federal ,director that shall-- 7,a7 convene not less frequently than once every quarter2 and 7,b7 consist of representatives from-- 7i7 the ,council on ,environmental ,quality2 7ii7 the ,office of ,management and ,budget2 and 7iii7 the ,office of ,federal ,high-,performance ,green ,buildings in the ,general ,services ,administration4 7#e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection #cf1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 #adab4 ,federal building energy efficiency performance standards2 certification system and level for green buildings 7a7 ,definitions ,section #cjc of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcb7 is further amended by adding at the end the following3 7#ai7 ,major renovation ,the term major renovation means a modification of the energy systems of a building that is sufficiently extensive to ensure that the entire building can achieve compliance with applicable energy standards for new buildings1 as established by the ,secretary4 4 7b7 ,federal ,building ,efficiency ,standards ,section #cje of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7 is amended-- 7#a7 in subsection 7a77#c7-- 7,a7 by striking 7#c77;,a7 ,not later than and all that follows through subparagraph 7,b7 and inserting the following3 7#c7 ,revised ,federal building energy efficiency performance standards2 certification for green buildings 7,a7 ,revised ,federal building energy efficiency performance standards 7i7 ,in general ,not later than #a year after the date of enactment of the ,clean ,economy ,jobs and ,innovation ,act1 the ,secretary shall establish1 by regulation1 revised ,federal building energy efficiency performance standards that require that-- 7,i7 subject to clause 7ii71 new ,federal buildings and ,federal buildings with major renovations-- 7aa7 meet or exceed the most recently published version of the ,international ,energy ,conservation ,code 7in the case of residential buildings7 or ,,ashrae ,standard #ij4a 7in the case of commercial buildings7 as of the date of enactment of the ,clean ,economy ,jobs and ,innovation ,act2 and 7bb7 meet or exceed the energy provisions of the ,state and local building codes applicable to the building if the codes are more stringent than the most recently published version of the ,international ,energy ,conservation ,code or ,,ashrae ,standard #ij4a as of the date of enactment of the ,clean ,economy ,jobs and ,innovation ,act1 as applicable2 7,,ii7 unless demonstrated not to be life cycle cost-effective for new ,federal buildings and ,federal buildings with major renovations-- 7aa7 the buildings shall be designed to achieve energy consumption levels that are not less than #cj percent below the levels established in the most recently published version of the ,international ,energy ,conservation ,code or the ,,ashrae ,standard1 as of the date of enactment of the ,clean ,economy ,jobs and ,innovation ,act1 as appropriate2 and 7bb7 sustainable design principles are applied to the location1 siting1 design1 and construction of all new ,federal buildings and replacement ,federal buildings2 7,,iii7 if water is used to achieve energy efficiency1 water conservation technologies shall be applied to the extent that the technologies are life-cycle cost effective2 and 7,,iv7 if life-cycle cost effective1 as compared to other reasonably available technologies1 not less than #cj percent of the hot water demand for each new ,federal building or ,federal building undergoing a major renovation be met through the installation and use of solar hot water heaters4 7ii7 ,exception ,clause 7i77,i7 shall not apply to the unaltered portions of ,federal buildings and systems that have undergone major renovations4 7,b7 ,updates ,not later than #a year after the date of approval of each subsequent revision of the ,,ashrae ,standard or the ,international ,energy ,conservation ,code1 as appropriate1 the ,secretary shall determine whether the revised standards established under subclauses 7,i7 and 7,,ii7 of subparagraph 7,a77i7 should be updated to reflect the revisions1 based on the energy savings and life cycle cost-effectiveness of the revisions4 2 7,b7 in subparagraph 7,c71 by striking 7,c7 ,in the budget request and inserting the following3 7,c7 ,budget request ,in the budget request 2 and 7,c7 in subparagraph 7,d7-- 7i7 by striking subclause 7,,iii7 of clause 7i72 7ii7 by striking 7,d7 ,not later than and inserting the following3 7,d7 ,standards2 certification for green buildings 7i7 ,standards ,not later than 2 7iii7 by striking standards that require that3 and all that follows through ,for new ,federal buildings and inserting standards that require that1 for new buildings2 and 7iv7 by striking clauses 7ii7 through 7vii7 and inserting the following3 7ii7 ,sustainable design principles ,sustainable design principles shall be applied to the siting1 design1 and construction of buildings covered by this subparagraph4 7iii7 ,selection of certification systems ,the ,secretary1 after reviewing the findings of the ,federal ,director under section #dcf7;h7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjib7;h771 in consultation with the ,administrator of ,general ,services1 and in consultation with the ,secretary of ,defense relating to those facilities under the custody and control of the ,department of ,defense1 shall determine those certification systems for green commercial and residential buildings that the ,secretary determines to be the most likely to encourage a comprehensive and environmentally sound approach to certification of green buildings4 7iv7 ,basis for selection ,the determination of the certification systems under clause 7iii7 shall be based on ongoing review of the findings of the ,federal ,director under section #dcf7;h7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjib7;h77 and the criteria described in clause 7vi74 7v7 ,administration ,in determining certification systems under this subparagraph1 the ,secretary shall-- 7,i7 make a separate determination for all or part of each system2 and 7,,ii7 confirm that the criteria used to support the selection of building products1 materials1 brands1 and technologies-- 7aa7 are based on relevant technical data2 7bb7 use and reward evaluation of health1 safety1 and environmental risks and impacts across the lifecycle of the building product1 material1 brand1 or technology1 including methodologies generally accepted by the applicable scientific disciplines2 7cc7 as practicable1 give preference to performance standards instead of prescriptive measures2 and 7dd7 reward continual improvements in the lifecycle management of health1 safety1 and environmental risks and impacts4 7vi7 ,considerations ,in determining the green building certification systems under this subparagraph1 the ,secretary shall take into consideration-- 7,i7 the ability and availability of assessors and auditors to independently verify the criteria and measurement of metrics at the scale necessary to implement this subparagraph2 7,,ii7 the ability of the applicable certification organization to collect and reflect public comment2 7,,iii7 the ability of the standard to be developed and revised through a consensus-based process2 7,,iv7 an evaluation of the robustness of the criteria for a high-performance green building1 which shall give credit for promoting-- 7aa7 efficient and sustainable use of water1 energy1 and other natural resources2 7bb7 use of renewable energy sources2 7cc7 improved indoor environmental quality through enhanced indoor air quality1 thermal comfort1 acoustics1 day lighting1 pollutant source control1 and use of low-emission materials and building system controls2 7dd7 the responsible sourcing of grown1 harvested1 or mined materials1 including through certifications of responsible sourcing1 such as certifications provided by the ,forest ,stewardship ,council1 the ,sustainable ,forestry ,initiative1 the ,american ,tree ,farm ,system1 or the ,programme for the ,endorsement of ,forest ,certification2 and 7ee7 such other criteria as the ,secretary determines to be appropriate2 and 7,v7 national recognition within the building industry4 7vii7 ,review ,the ,secretary1 in consultation with the ,administrator of ,general ,services and the ,secretary of ,defense1 shall conduct an ongoing review to evaluate and compare private sector green building certification systems1 taking into account-- 7,i7 the criteria described in clause 7vi72 and 7,,ii7 the identification made by the ,federal ,director under section #dcf7;h7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjib7;h774 7viii7 ,exclusions 7,i7 ,in general ,subject to subclause 7,,ii71 if a certification system fails to meet the review requirements of clause 7vi71 the ,secretary shall-- 7aa7 identify the portions of the system1 whether prerequisites1 credits1 points1 or otherwise1 that meet the review criteria of clause 7vi72 7bb7 determine the portions of the system that are suitable for use2 and 7cc7 exclude all other portions of the system from identification and use4 7,,ii7 ,entire systems ,the ,secretary shall exclude an entire system from use if an exclusion under subclause 7,i7-- 7aa7 impedes the integrated use of the system2 7bb7 creates disparate review criteria or unequal point access for competing materials2 or 7cc7 increases agency costs of the use4 7ix7 ,internal certification processes ,the ,secretary may by rule allow ,federal agencies to develop internal certification processes1 using certified professionals1 in lieu of certification by certification entities identified under clause 7iii74 7x7 ,privatized military housing ,with respect to privatized military housing1 the ,secretary of ,defense1 after consultation with the ,secretary may1 through rulemaking1 develop alternative certification systems and levels than the systems and levels identified under clause 7iii7 that achieve an equivalent result in terms of energy savings1 sustainable design1 and green building performance4 7xi7 ,water conservation technologies ,in addition to any use of water conservation technologies otherwise required by this section1 water conservation technologies shall be applied to the extent that the technologies are life-cycle cost-effective4 7xii7 ,effective date 7,i7 ,determinations made after ,december #ca1 #bjbj ,the amendments made by section #adbb7;b77#a77;,c7 of the ,clean ,economy ,jobs and ,innovation ,act shall apply to any determination made by a ,federal agency after ,december #ca1 #bjbj4 7,,ii7 ,determinations made on or before ,december #ca1 #bjbj ,this subparagraph 7as in effect on the day before the date of enactment of the ,clean ,economy ,jobs and ,innovation ,act7 shall apply to any use of a certification system for green commercial and residential buildings by a ,federal agency on or before ,december #ca1 #bjbj4 2 and 7#b7 by striking subsections 7c7 and 7d7 and inserting the following3 7c7 ,periodic review ,the ,secretary shall-- 7#a7 once every #e years1 review the ,federal building energy standards established under this section2 and 7#b7 on completion of a review under paragraph 7#a71 if the ,secretary determines that significant energy savings would result1 upgrade the standards to include all new energy efficiency and renewable energy measures that are technologically feasible and economically justified4 4 7c7 ,federal compliance ,section #cjf of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhce7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking 7#a7 ,the head and inserting the following3 7#a7 ,in general ,the head 2 and 7ii7 by striking assure that new ,federal buildings and inserting ensure that new ,federal buildings and ,federal buildings with major renovations2 and 7,b7 in paragraph 7#b7-- 7i7 by striking the second sentence and inserting the following3 7,b7 ,procedures ,the ,architect of the ,capitol shall adopt procedures necessary to ensure that the buildings referred to in subparagraph 7,a7 meet or exceed the standards described in that subparagraph4 2 and 7ii7 in the first sentence-- 7,i7 by inserting and ,federal buildings with major renovations after new buildings2 and 7,,ii7 by striking 7#b7 ,the ,federal and inserting the following3 7#b7 ,applicability 7,a7 ,in general ,the ,federal 2 and 7#b7 in subsection 7b7-- 7,a7 by striking the subsection heading and inserting ,expenditures2 and 7,b7 by inserting or a ,federal building with major renovations after new ,federal building4 #adac4 ,use of energy and water efficiency measures in ,federal buildings 7a7 ,findings ,congress finds the following3 7#a7 ,performance contracting is a private financing tool with guaranteed energy savings and has been used by the ,federal ,government for nearly #cj years4 7#b7 ,energy savings performance contracts and utility energy service contacts allow the ,government to invest in infrastructure using private sector financing and expertise1 with a guarantee of results4 7#c7 ,use of performance contracting has saved the ,government and taxpayers more than #ah1jjj1jjj1jjj4 7#d7 ,by law1 performance contracts are guaranteed to provide savings to ,federal agencies4 7#e7 ,on average1 performance contracts achieve savings in excess of the contractual and statutory guarantee4 7#f7 ,in a fiscally constrained environment1 performance contracting helps to address the ,federal ,government's backlog of maintenance and supplement scarce operations and maintenance dollars4 7#g7 ,the ,house of ,representatives1 the ,senate1 and the ,office of ,management and ,budget have all acted to recognize the value of performance contracts by providing distinct budgetary consideration of them2 in the #aaeth ,congress1 the ,house of ,representatives included section #eaji in ,h4 ,con4 ,res4 #ga to enable the greater use of performance contracting and to recognize their full cost savings benefits4 7#h7 ,federal agencies are not taking full advantage of the cost-effective energy efficiency measures that are available and documented4 7#i7 ,using performance contracts to carry out such energy efficiency measures would benefit taxpayers1 the economy1 and the environment4 7b7 ,reports ,section #edh7;b7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbeh7;b77 is amended-- 7#a7 in paragraph 7#c71 by striking and at the end2 7#b7 in paragraph 7#d71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#e7 7,a7 the status of the energy savings performance contracts and utility energy service contracts of each agency1 to the extent that the information is not duplicative of information provided to the ,secretary under a separate authority2 7,b7 the quantity and investment value of the contracts for the previous year2 7,c7 the guaranteed energy savings1 or for contracts without a guarantee1 the estimated energy savings1 for the previous year1 as compared to the measured energy savings for the previous year2 7,d7 a forecast of the estimated quantity and investment value of contracts anticipated in the following year for each agency2 and 7,e7 7i7 a comparison of the information described in subparagraph 7,b7 and the forecast described in subparagraph 7,d7 in the report of the previous year2 and 7ii7 if applicable1 the reasons for any differences in the data compared under clause 7i74 4 ,e ,,hope for ,,homes #aeja4 ,definitions ,in this subtitle3 7#a7 ,contractor certification ,the term contractor certification means an industry recognized certification that may be obtained by a residential contractor to advance the expertise and education of the contractor in energy efficiency retrofits of residential buildings1 including-- 7,a7 a certification provided by-- 7i7 the ,building ,performance ,institute2 7ii7 the ,air ,conditioning ,contractors of ,america2 7iii7 the ,national ,comfort ,institute2 7iv7 the ,north ,american ,technician ,excellence2 7v7 ,,resnet2 7vi7 the ,united ,states ,green ,building ,council2 or 7vii7 ,home ,innovation ,research ,labs2 and 7,b7 any other certification the ,secretary determines appropriate for purposes of the ,home ,energy ,savings ,retrofit ,rebate ,program4 7#b7 ,contractor company ,the term contractor company means a company-- 7,a7 the business of which is to provide services to residential building owners with respect to ,,hvac systems1 insulation1 air sealing1 or other services that are approved by the ,secretary2 7,b7 that holds the licenses and insurance required by the ,state in which the company provides services2 and 7,c7 that provides services for which a partial system rebate1 measured performance rebate1 or modeled performance rebate may be provided pursuant to the ,home ,energy ,savings ,retrofit ,rebate ,program4 7#c7 ,energy audit ,the term energy audit means an inspection1 survey1 and analysis of the energy use of a building1 including the building envelope and ,,hvac system4 7#d7 ,home ,the term home means a manufactured home 7as such term is defined in section #fjc of the ,national ,manufactured ,housing ,construction and ,safety ,standards ,act of #aigd 7#db ,u4,s4,c4 #edjb771 or a residential dwelling unit in a building with no more than #d dwelling units that-- 7,a7 is located in the ,united ,states2 7,b7 was constructed before the date of enactment of this ,act2 and 7,c7 is occupied at least #f months out of the year4 7#e7 ,home ,energy ,savings ,retrofit ,rebate ,program ,the term ,home ,energy ,savings ,retrofit ,rebate ,program means the ,home ,energy ,savings ,retrofit ,rebate ,program established under section #aeba4 7#f7 ,homeowner ,the term homeowner means the owner of an owner-occupied home or a tenant-occupied home4 7#g7 ,home valuation certification ,the term home valuation certification means the following home assessments3 7,a7 ,home ,energy ,score4 7,b7 ,,pearl ,certification4 7,c7 ,national ,green ,building ,standard4 7,d7 ,,leed4 7,e7 ,any other assessment the ,secretary determines to be appropriate4 7#h7 ,,hope ,qualification ,the term ,,hope ,qualification means the qualification described in section #aeac4 7#i7 ,,hope training credit ,the term ,,hope training credit means a ,,hope training task credit or a ,,hope training supplemental credit4 7#aj7 ,,hope training task credit ,the term ,,hope training task credit means a credit described in section #aeab7;a74 7#aa7 ,,hope training supplemental credit ,the term ,,hope training supplemental credit means a credit described in section #aeab7;b74 7#ab7 ,,hvac system ,the term ,,hvac system means a system-- 7,a7 consisting of a heating component1 a ventilation component1 and an air-conditioning component2 and 7,b7 which components may include central air conditioning1 a heat pump1 a furnace1 a boiler1 a rooftop unit1 and a window unit4 7#ac7 ,measured performance rebate ,the term measured performance rebate means a rebate provided in accordance with section #aebc and described in subsection 7e7 of that section4 7#ad7 ,modeled performance rebate ,the term modeled performance rebate means a rebate provided in accordance with section #aebc and described in subsection 7d7 of that section4 7#ae7 ,moderate income ,the term moderate income means1 with respect to a household1 a household with an annual income that is less than #hj percent of the area median income1 as determined annually by the ,department of ,housing and ,urban ,development4 7#af7 ,multifamily building ,the term multifamily building means a structure with #e or more tenant-occupied residential dwelling units that-- 7,a7 is located in the ,united ,states2 7,b7 was constructed before the date of enactment of this ,act2 and 7,c7 is occupied at least #f months out of the year4 7#ag7 ,multifamily building owner ,the term multifamily building owner means the owner of a tenant-occupied multifamily building4 7#ah7 ,partial system rebate ,the term partial system rebate means a rebate provided in accordance with section #aebb4 7#ai7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#bj7 ,state ,the term ,state includes-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 ,guam2 7,e7 ,american ,samoa2 7,f7 the ,commonwealth of the ,northern ,mariana ,islands2 7,g7 the ,united ,states ,virgin ,islands2 and 7,h7 any other territory or possession of the ,united ,states4 7#ba7 ,state energy office ,the term ,state energy office means the office or agency of a ,state responsible for developing the ,state energy conservation plan for the ,state under section #cfb of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb74 #a ,hope training #aeaa4 ,notice for ,,hope ,qualification training and grants ,not later than #cj days after the date of enactment of this ,act1 the ,secretary1 acting through the ,director of the ,building ,technologies ,office of the ,department of ,energy1 shall issue a notice that includes-- 7#a7 criteria established under section #aeab for approval by the ,secretary of courses for which credits may be issued for purposes of a ,,hope ,qualification2 7#b7 a list of courses that meet such criteria and are so approved2 and 7#c7 information on how individuals and entities may apply for grants under this part4 #aeab4 ,course criteria 7a7 ,,hope training task credit 7#a7 ,criteria ,the ,secretary shall establish criteria for approval of a course for which a credit1 to be known as a ,,hope training task credit1 may be issued1 including that such course-- 7,a7 is equivalent to at least #cj hours in total course time2 7,b7 is accredited by the ,interstate ,renewable ,energy ,council or is determined to be equivalent by the ,secretary2 7,c7 is1 with respect to a particular job1 aligned with the relevant ,national ,renewable ,energy ,laboratory ,job ,task ,analysis1 or other credentialing program foundation that helps identify the necessary core knowledge areas1 critical work functions1 or skills1 as approved by the ,secretary2 7,d7 has established learning objectives2 and 7,e7 includes1 as the ,secretary determines appropriate1 an appropriate assessment of such learning objectives that may include a final exam1 to be proctored on-site or through remote proctoring1 or an in-person field exam4 7#b7 ,included courses ,the ,secretary shall approve one or more courses that meet the criteria described in paragraph 7#a7 for training related to-- 7,a7 contractor certification2 7,b7 energy auditing or assessment1 including energy audits and assessments relevant to multifamily buildings2 7,c7 home and multifamily building energy systems 7including ,,hvac systems72 7,d7 insulation installation and air leakage control2 7,e7 health and safety regarding the installation of energy efficiency measures or health and safety impacts associated with energy efficiency retrofits2 and 7,f7 indoor air quality4 7b7 ,,hope training supplemental credit criteria ,the ,secretary shall establish criteria for approval of a course for which a credit1 to be known as a ,,hope training supplemental credit1 may be issued1 including that such course provides-- 7#a7 training related to-- 7,a7 small business success1 including management1 home energy efficiency software1 or general accounting principles2 7,b7 the issuance of a home valuation certification2 7,c7 the use of wifi-enabled technology in an energy efficiency upgrade2 or 7,d7 understanding and being able to participate in the ,home ,energy ,savings ,retrofit ,rebate ,program2 and 7#b7 as the ,secretary determines appropriate1 an appropriate assessment of such training that may include a final exam1 to be proctored on-site or through remote proctoring1 or an in-person field exam4 7c7 ,existing approved courses ,the ,secretary may approve a course that meets the applicable criteria established under this section that is approved by the applicable ,state energy office or relevant ,state agency with oversight authority for residential energy efficiency programs4 7d7 ,in-person and online training ,an online course approved pursuant to this section may be conducted in-person1 but may not be offered exclusively in-person4 #aeac4 ,,hope ,qualification 7a7 ,issuance of credits 7#a7 ,in general ,the ,secretary1 or an entity authorized by the ,secretary pursuant to paragraph 7#b71 may issue-- 7,a7 a ,,hope training task credit to any individual that completes a course that meets applicable criteria under section #aeab2 and 7,b7 a ,,hope training supplemental credit to any individual that completes a course that meets the applicable criteria under section #aeab4 7#b7 ,other entities ,the ,secretary may authorize a ,state energy office implementing an authorized program under subsection 7b77#b71 an organization described in section #aead7;b71 and any other entity the ,secretary determines appropriate1 to issue ,,hope training credits in accordance with paragraph 7#a74 7b7 ,,hope ,qualification 7#a7 ,in general ,the ,secretary may certify that an individual has achieved a qualification1 to be known as a ,,hope ,qualification1 that indicates that the individual has received at least #c ,,hope training credits1 of which at least #b shall be ,,hope training task credits4 7#b7 ,state programs ,the ,secretary may authorize a ,state energy office to implement a program to provide ,,hope ,qualifications in accordance with this part4 #aead4 ,grants 7a7 ,in general ,the ,secretary shall1 to the extent amounts are made available in appropriations ,acts for such purposes1 provide grants to support the training of individuals toward the completion of a ,,hope ,qualification4 7b7 ,provider organizations 7#a7 ,in general ,the ,secretary may provide a grant of up to #bj1jjj under this section to an organization to provide training online1 including establishing1 modifying1 or maintaining the online systems1 staff time1 and software and online program management1 through a course that meets the applicable criteria established under section #aeab4 7#b7 ,criteria ,in order to receive a grant under this subsection1 an organization shall be-- 7,a7 a nonprofit organization2 7,b7 an educational institution2 or 7,c7 an organization that has experience providing training to contractors that work with the weatherization assistance program implemented under part ,a of title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfa et seq47 or equivalent experience1 as determined by the ,secretary4 7#c7 ,additional certifications ,in addition to any grant provided under paragraph 7#a71 the ,secretary may provide an organization up to #e1jjj for each additional course for which a ,,hope training credit may be issued that is offered by the organization4 7c7 ,contractor company ,the ,secretary may provide a grant under this section of #a1jjj per employee to a contractor company1 up to a maximum of #aj1jjj1 to reimburse the contractor company for training costs for employees1 and any home technology support needed for an employee to receive training pursuant to this section4 ,grant funds provided under this subsection may be used to support wages of employees during training4 7d7 ,trainees ,the ,secretary may provide a grant of up to #a1jjj under this section to an individual who receives a ,,hope ,qualification4 7e7 ,state energy office ,the ,secretary may provide a grant under this section to a ,state energy office of up to #be1jjj to implement an authorized program under section #aeac7;b74 #aeae4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this part #ejj1jjj1jjj for the period of fiscal years #bjba through #bjbe1 to remain available until expended4 #b ,home ,energy ,savings ,retrofit ,rebate ,program #aeba4 ,establishment of ,home ,energy ,savings ,retrofit ,rebate ,program ,the ,secretary shall establish a program1 to be known as the ,home ,energy ,savings ,retrofit ,rebate ,program1 to-- 7#a7 provide rebates in accordance with section #aebb2 and 7#b7 provide grants to ,states to carry out programs to provide rebates in accordance with section #aebc4 #aebb4 ,partial system rebates 7a7 ,amount of rebate ,in carrying out the ,home ,energy ,savings ,retrofit ,rebate ,program1 and subject to the availability of appropriations for such purpose1 the ,secretary shall provide a homeowner or multifamily building owner a rebate1 to be known as a partial system rebate1 of1 except as provided in section #aebd1 up to-- 7#a7 #hjj for the purchase and installation of insulation and air sealing within a home of the homeowner or the household living in a multifamily building2 and 7#b7 #a1ejj for the purchase and installation of insulation and air sealing within a home of the homeowner or the household living in a multifamily building and replacement of an ,,hvac system1 the heating component of an ,,hvac system1 or the cooling component of an ,,hvac system1 of such home4 7b7 ,specifications 7#a7 ,cost ,the amount of a partial system rebate provided under this section shall1 except as provided in section #aebd1 not exceed #cj percent of cost of the purchase and installation of insulation and air sealing under subsection 7a77#a71 or the purchase and installation of insulation and air sealing and replacement of an ,,hvac system1 the heating component of an ,,hvac system1 or the cooling component of an ,,hvac system1 under subsection 7a77#b74 ,labor may be included in such cost but may not exceed-- 7,a7 in the case of a rebate under subsection 7a77#a71 #ej percent of such cost2 and 7,b7 in the case of a rebate under subsection 7a77#b71 #be percent of such cost4 7#b7 ,replacement of an ,,hvac system1 the heating component of an ,,hvac system1 or the cooling component of an ,,hvac system ,in order to qualify for a partial system rebate described in subsection 7a77#b7-- 7,a7 any ,,hvac system1 heating component of an ,,hvac system1 or cooling component of an ,,hvac system installed shall be ,energy ,star ,most ,efficient certified2 7,b7 installation of such an ,,hvac system1 the heating component of an ,,hvac system1 or the cooling component of an ,,hvac system1 shall be completed in accordance with standards specified by the ,secretary that are at least as stringent as the applicable guidelines of the ,air ,conditioning ,contractors of ,america that are in effect on the date of enactment of this ,act2 7,c7 if ducts are present1 replacement of an ,,hvac system1 the heating component of an ,,hvac system1 or the cooling component of an ,,hvac system shall include duct sealing2 and 7,d7 the installation of insulation and air sealing shall occur within #f months of the replacement of the ,,hvac system1 the heating component of an ,,hvac system1 or the cooling component of an ,,hvac system4 7c7 ,additional incentives for contractors ,in carrying out the ,home ,energy ,savings ,retrofit ,rebate ,program1 the ,secretary may provide a #bej payment to a contractor per home of a homeowner or household living in a multifamily building for which-- 7#a7 a partial system rebate is provided under this section for the installation of insulation and air sealing1 or installation of insulation and air sealing and replacement of an ,,hvac system1 the heating component of an ,,hvac system1 or the cooling component of an ,,hvac system1 by the contractor2 7#b7 the applicable homeowner has signed and submitted to the ,secretary a release form made available pursuant to section #aebf7;b7 authorizing the contractor access to information in the utility bills of the homeowner or the applicable multifamily building owner has signed and submitted an agreement with the contractor to provide whole-building aggregate information about the building's energy use2 and 7#c7 the contractor inputs1 into the ,department of ,energy's ,building ,performance ,database-- 7,a7 the energy usage for the home of a homeowner or for the household living in a multifamily building for the #ab months preceding1 and the #bd months following1 the installation of insulation and air sealing or installation of insulation and air sealing and replacement of an ,,hvac system1 the heating component of an ,,hvac system1 or the cooling component of an ,,hvac system2 7,b7 a description of such installation or installation and replacement2 and 7,c7 the total cost to the homeowner or multifamily building owner for such installation or installation and replacement4 7d7 ,process 7#a7 ,forms2 rebate processing system ,not later than #ij days after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of the ,treasury1 shall-- 7,a7 develop and make available rebate forms required to receive a partial system rebate under this section2 7,b7 establish a ,federal rebate processing system which shall serve as a database and information technology system that will allow homeowners and multifamily building owners to submit required rebate forms2 and 7,c7 establish a website that provides information on partial system rebates provided under this section1 including how to determine whether particular measures qualify for a rebate under this section and how to receive such a rebate4 7#b7 ,submission of forms ,in order to receive a partial system rebate under this section1 a homeowner or multifamily building owner shall submit the required rebate forms1 and any other information the ,secretary determines appropriate1 to the ,federal rebate processing system established pursuant to paragraph 7#a74 7e7 ,funding 7#a7 ,limitation ,for each fiscal year1 the ,secretary may not use more than #ej percent of the amounts made available to carry out this part to carry out this section4 7#b7 ,allocation ,the ,secretary shall allocate amounts made available to carry out this section for partial system rebates among the ,states using the same formula as is used to allocate funds for ,states under part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcba et seq474 #aebc4 ,state administered rebates 7a7 ,funding ,in carrying out the ,home ,energy ,savings ,retrofit ,rebate ,program1 and subject to the availability of appropriations for such purpose1 the ,secretary shall provide grants to ,states to carry out programs to provide rebates in accordance with this section4 7b7 ,state participation 7#a7 ,plan ,in order to receive a grant under this section a ,state shall submit to the ,secretary an application that includes a plan to implement a ,state program that meets the minimum criteria under subsection 7c74 7#b7 ,approval ,not later than #fj days after receipt of a completed application for a grant under this section1 the ,secretary shall either approve the application or provide to the applicant an explanation for denying the application4 7c7 ,minimum criteria for ,state programs ,not later than #f months after the date of enactment of this ,act1 the ,secretary shall establish and publish minimum criteria for a ,state program to meet to qualify for funding under this section1 including-- 7#a7 that the ,state program be carried out by the applicable ,state energy office or its designee2 7#b7 that a rebate be provided under a ,state program only for a home energy efficiency retrofit that-- 7,a7 is completed by a contractor who meets minimum training requirements and certification requirements set forth by the ,secretary2 7,b7 includes installation of one or more home energy efficiency retrofit measures for a home that together are modeled to achieve1 or are shown to achieve1 a reduction in home energy use of #bj percent or more from the baseline energy use of the home2 7,c7 does not include installation of any measure that the ,secretary determines does not improve the thermal energy performance of the home1 such as a pool pump1 pool heater1 spa1 or ,,ev charger2 and 7,d7 includes1 after installation of the applicable home energy efficiency retrofit measures1 a test-out procedure conducted in accordance with guidelines issued by the ,secretary of such measures to ensure-- 7i7 the safe operation of all systems post retrofit2 and 7ii7 that all improvements are included in1 and have been installed according to-- 7,i7 manufacturers installation specifications2 and 7,,ii7 all applicable ,state and local codes or equivalent standards approved by the ,secretary2 7#c7 that the ,state program utilize-- 7,a7 for purposes of modeled performance rebates1 modeling software approved by the ,secretary for determining and documenting the baseline energy use of a home and the reductions in home energy use resulting from the implementation of a home energy efficiency retrofit2 and 7,b7 for purposes of measured performance rebates1 methods and procedures approved by the ,secretary for determining and documenting the baseline energy use of a home and the reductions in home energy use resulting from the implementation of a home energy efficiency retrofit1 including methods and procedures for use of advanced metering infrastructure1 weather-normalized data1 and open source standards1 to measure such baseline energy use and such reductions in home energy use2 7#d7 that the ,state program include implementation of a quality assurance program-- 7,a7 to ensure that home energy efficiency retrofits are achieving the stated level of energy savings1 that efficiency measures were installed correctly1 and that work is performed in accordance with procedures developed by the ,secretary1 including through quality-control inspections for a portion of home energy efficiency retrofits completed by each applicable contractor2 and 7,b7 under which a quality-control inspection of a home energy efficiency retrofit is performed by a quality assurance provider who-- 7i7 is independent of the contractor for such retrofit2 and 7ii7 will confirm that such contractor is a contractor who meets minimum training requirements and certification requirements set forth by the ,secretary2 7#e7 that the ,state program include requirements for a homeowner1 contractor1 or rebate aggregator to claim a rebate1 including that the homeowner1 contractor1 or rebate aggregator submit any applicable forms approved by the ,secretary to the ,state1 including a copy of the certificate provided by the applicable contractor certifying projected or measured reduction of home energy use2 7#f7 that the ,state program may include requirements for an entity to be eligible to serve as a rebate aggregator to facilitate the delivery of rebates to homeowners or contractors2 7#g7 that the ,state program include procedures for a homeowner to transfer the right to claim a rebate to the contractor performing the applicable home energy efficiency retrofit or to a rebate aggregator that works with the contractor2 and 7#h7 that the ,state program provide that a homeowner1 contractor1 or rebate aggregator may claim more than one rebate under the ,state program1 and may claim a rebate under the ,state program after receiving a partial system rebate under section #aebb1 provided that no #b rebates may be provided with respect to a home using the same baseline energy use of such home4 7d7 ,modeled performance rebates 7#a7 ,in general ,in carrying out a ,state program under this section1 a ,state may provide a homeowner1 contractor1 or rebate aggregator a rebate1 to be known as a modeled performance rebate1 for an energy audit of a home and a home energy efficiency retrofit that is projected1 using modeling software approved by the ,secretary1 to reduce home energy use by at least #bj percent4 7#b7 ,amount 7,a7 ,in general ,except as provided in section #aebd1 and subject to subparagraph 7,b71 the amount of a modeled performance rebate provided under a ,state program shall be equal to #ej percent of the cost of the applicable energy audit of a home and home energy efficiency retrofit1 including the cost of diagnostic procedures1 labor1 reporting1 and modeling4 7,b7 ,limitation ,except as provided in section #aebd1 with respect to an energy audit and home energy efficiency retrofit that is projected to reduce home energy use by-- 7i7 at least #bj percent1 but less than #dj percent1 the maximum amount of a modeled performance rebate shall be #b1jjj2 and 7ii7 at least #dj percent1 the maximum amount of a modeled performance rebate shall be #d1jjj4 7e7 ,measured performance rebates 7#a7 ,in general ,in carrying out a ,state program under this section1 a ,state may provide a homeowner1 contractor1 or rebate aggregator a rebate1 to be known as a measured performance rebate1 for a home energy efficiency retrofit that reduces home energy use by at least #bj percent as measured using methods and procedures approved by the ,secretary4 7#b7 ,amount 7,a7 ,in general ,except as provided in section #aebd1 and subject to subparagraph 7,b71 the amount of a measured performance rebate provided under a ,state program shall be equal to #ej percent of the cost1 including the cost of diagnostic procedures1 labor1 reporting1 and energy measurement1 of the applicable home energy efficiency retrofit4 7,b7 ,limitation ,except as provided in section #aebd1 with respect to a home energy efficiency retrofit that is measured as reducing home energy use by-- 7i7 at least #bj percent1 but less than #dj percent1 the maximum amount of a measured performance rebate shall be #b1jjj2 and 7ii7 at least #dj percent1 the maximum amount of a measured performance rebate shall be #d1jjj4 7f7 ,coordination of rebate and existing ,state-sponsored or utility-sponsored programs ,a ,state that receives a grant under this section is encouraged to work with ,state agencies1 energy utilities1 nonprofits1 and other entities-- 7#a7 to assist in marketing the availability of the rebates under the applicable ,state program2 7#b7 to coordinate with utility or ,state managed financing programs2 7#c7 to assist in implementation of the applicable ,state program1 including installation of home energy efficiency retrofits2 and 7#d7 to coordinate with existing quality assurance programs4 7g7 ,administration and oversight 7#a7 ,review of approved modeling software ,the ,secretary shall1 on an annual basis1 list and review all modeling software approved for use in determining and documenting the reductions in home energy use for purposes of modeled performance rebates under subsection 7d74 ,in approving such modeling software each year1 the ,secretary shall ensure that modeling software approved for a year will result in modeling of energy efficiency gains for any type of home energy efficiency retrofit that is at least as substantial as the modeling of energy efficiency gains for such type of home energy efficiency retrofit using the modeling software approved for the previous year4 7#b7 ,oversight ,if the ,secretary determines that a ,state is not implementing a ,state program that was approved pursuant to subsection 7b7 and that meets the minimum criteria under subsection 7c71 the ,secretary may1 after providing the ,state a period of at least #ij days to meet such criteria1 withhold grant funds under this section from the ,state4 #aebd4 ,special provisions for moderate income households 7a7 ,certifications ,the ,secretary shall establish procedures for certifying that the household of a homeowner or that1 in the case of a multifamily building1 the majority of households in the building is moderate income for purposes of this section4 7b7 ,percentages ,subject to subsection 7c71 for households that are certified pursuant to the procedures established under subsection 7a7 as moderate income the-- 7#a7 amount of a partial system rebate under section #aebb shall not exceed #fj percent of the applicable purchase and installation costs described in section #aebb7;b77#a72 and 7#b7 amount of-- 7,a7 a modeled performance rebate under section #aebc provided shall be equal to #hj percent of the applicable costs described in section #aebc7;d77#b77;,a72 and 7,b7 a measured performance rebate under section #aebc provided shall be equal to #hj percent of the applicable costs described in section #aebc7;e77#b77;,a74 7c7 ,maximum amounts ,for households that are certified pursuant to the procedures established under subsection 7a7 as moderate income the maximum amount-- 7#a7 of a partial system rebate-- 7,a7 under section #aebb7;a77#a7 for the purchase and installation of insulation and air sealing within a home of the homeowner or the household living in a multifamily building shall be #afjj2 and 7,b7 under section #aebb7;a77#b7 for the purchase and installation of insulation and air sealing within a home of the homeowner or the household living in a multifamily building and replacement of an ,,hvac system1 the heating component of an ,,hvac system1 or the cooling component of an ,,hvac system1 of such home1 shall be #c1jjj2 7#b7 of a modeled performance rebate under section #aebc for an energy audit and home energy efficiency retrofit that is projected to reduce home energy use as described in-- 7,a7 section #aebc7;d77#b77;,b77i7 shall be #d1jjj2 and 7,b7 section #aebc7;d77#b77;,b77ii7 shall be #h1jjj2 and 7#c7 of a measured performance rebate under section #aebc for a home energy efficiency retrofit that reduces home energy use as described in-- 7,b7 section #aebc7;e77#b77;,b77i7 shall be #d1jjj2 and 7,c7 section #aebc7;e77#b77;,b77ii7 shall be #h1jjj4 7d7 ,outreach ,the ,secretary shall establish procedures to-- 7#a7 provide information to households of homeowners or multifamily building owners that are certified pursuant to the procedures established under subsection 7a7 as moderate income regarding other programs and resources relating to assistance for energy efficiency upgrades of homes1 including the weatherization assistance program implemented under part ,a of title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfa et seq472 and 7#b7 refer such households and owners1 as applicable1 to such other programs and resources4 #aebe4 ,evaluation reports to ,congress 7a7 ,in general ,not later than #c years after the date of enactment of this ,act and annually thereafter until the termination of the ,home ,energy ,savings ,retrofit ,rebate ,program1 the ,secretary shall submit to ,congress a report on the use of funds made available to carry out this part4 7b7 ,contents ,each report submitted under subsection 7a7 shall include-- 7#a7 how many home energy efficiency retrofits have been completed during the previous year under the ,home ,energy ,savings ,retrofit ,rebate ,program2 7#b7 an estimate of how many jobs have been created through the ,home ,energy ,savings ,retrofit ,rebate ,program1 directly and indirectly2 7#c7 a description of what steps could be taken to promote further deployment of energy efficiency and renewable energy retrofits2 7#d7 a description of the quantity of verifiable energy savings1 homeowner energy bill savings1 and other benefits of the ,home ,energy ,savings ,retrofit ,rebate ,program2 7#e7 a description of any waste1 fraud1 or abuse with respect to funds made available to carry out this part2 and 7#f7 any other information the ,secretary considers appropriate4 #aebf4 ,administration 7a7 ,in general ,the ,secretary shall provide such administrative and technical support to contractors1 rebate aggregators1 ,states1 and ,indian ,tribes as is necessary to carry out this part4 7b7 ,information collection ,the ,secretary shall establish1 and make available to a homeowner1 or the homeowner's designated representative1 seeking a rebate under this part1 release forms authorizing access by the ,secretary1 or a designated third-party representative to information in the utility bills of the homeowner with appropriate privacy protections in place4 7c7 ,application of wage rate requirements to partial system and state administered rebates ,section #abbjb of this ,act shall not apply to rebates under sections #aebb and #aebc4 #aebg4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated to the ,secretary to carry out this part #a1fjj1jjj1jjj for each of fiscal years #bjba through #bjbe1 to remain available until expended4 7b7 ,tribal allocation ,of the amounts made available pursuant to subsection 7a7 for a fiscal year1 the ,secretary shall work with ,indian ,tribes and use #b percent of such amounts to carry out a program or programs that as close as possible reflect the goals1 requirements1 and provisions of this part1 taking into account any factors that the ,secretary determines to be appropriate4 #c ,general provisions #aeca4 ,appointment of personnel ,notwithstanding the provisions of title #e1 ,united ,states ,code1 regarding appointments in the competitive service and ,general ,schedule classifications and pay rates1 the ,secretary may appoint such professional and administrative personnel as the ,secretary considers necessary to carry out this subtitle4 #aecb4 ,maintenance of funding ,each ,state receiving ,federal funds pursuant to this subtitle shall provide reasonable assurances to the ,secretary that it has established policies and procedures designed to ensure that ,federal funds provided under this subtitle will be used to supplement1 and not to supplant1 ,state and local funds4 ,f ,weatherization #afja4 ,weatherization assistance program 7a7 ,reauthorization ,of ,weatherization ,assistance ,program ,section #dbb of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhgb7 is amended by striking paragraphs 7#a7 through 7#e7 and inserting the following3 7#a7 #daj1jjj1jjj for fiscal year #bjba2 7#b7 #dcj1jjj1jjj for fiscal year #bjbb2 7#c7 #dej1jjj1jjj for fiscal year #bjbc2 7#d7 #dej1jjj1jjj for fiscal year #bjbd2 and 7#e7 #dej1jjj1jjj for fiscal year #bjbe4 4 7b7 ,modernizing the definition of weatherization materials ,section #dab7i77;,j7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfb7i77;,j77 is amended-- 7#a7 by inserting 1 including renewable energy technologies and other advanced technologies1 after devices or technologies2 and 7#b7 by striking 1 after consulting with the ,secretary of ,housing and ,urban ,development1 the ,secretary of ,agriculture1 and the ,director of the ,community ,services ,administration4 7c7 ,consideration of health benefits ,section #dac7;b7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfc7;b77 is amended-- 7#a7 in paragraph 7#a71 by striking ,health1 ,education1 and ,welfare and inserting ,health and ,human ,services2 7#b7 in paragraph 7#b77;,a71 by striking ,health1 ,education1 and ,welfare and inserting ,health and ,human ,services2 7#c7 in paragraph 7#c7-- 7,a7 by striking and with the ,director of the ,community ,services ,administration2 7,b7 by inserting and by after in carrying out this part12 and 7,c7 by striking 1 and the ,director of the ,community ,services ,administration in carrying out weatherization programs under section #bbb7;a77#ab7 of the ,economic ,opportunity ,act of #aifd2 7#d7 by redesignating paragraphs 7#d7 through 7#f7 as paragraphs 7#e7 through 7#g71 respectively2 and 7#e7 by inserting after paragraph 7#c71 the following3 7#d7 ,the ,secretary may amend the regulations prescribed under paragraph 7#a7 to provide that the standards described in paragraph 7#b77;,a7 take into consideration improvements in the health and safety of occupants of dwelling units1 and other non-energy benefits1 from weatherization4 4 7d7 ,contractor optimization 7#a7 ,in general ,the ,energy ,conservation and ,production ,act is amended by inserting after section #dad;,b 7#db ,u4,s4,c4 #fhfd;b7 the following3 #dad;,c4 ,contractor optimization 7a7 ,in general ,the ,secretary may request that entities receiving funding from the ,federal ,government or from a ,state through a weatherization assistance program under section #dac or section #dad perform periodic reviews of the use of private contractors in the provision of weatherization assistance1 and encourage expanded use of contractors as appropriate4 7b7 ,use of training funds ,entities described in subsection 7a7 may use funding described in such subsection to train private1 non-,federal entities that are contracted to provide weatherization assistance under a weatherization program1 in accordance with rules determined by the ,secretary4 4 7#b7 ,table of contents amendment ,the table of contents for the ,energy ,conservation and ,production ,act is amended by inserting after the item relating to section #dad;,b the following3 ,sec4 #dad;,c4 ,contractor optimization4 4 7e7 ,financial assistance for ,,wap enhancement and innovation 7#a7 ,in general ,the ,energy ,conservation and ,production ,act is amended by inserting after section #dad;,c 7as added by subsection 7d7 of this section7 the following3 #dad;,d4 ,financial assistance for ,,wap enhancement and innovation 7a7 ,purposes ,the purposes of this section are-- 7#a7 to expand the number of dwelling units that are occupied by low-income persons that receive weatherization assistance by making such dwelling units weatherization-ready2 7#b7 to promote the deployment of renewable energy in dwelling units that are occupied by low-income persons2 7#c7 to ensure healthy indoor environments by enhancing or expanding health and safety measures and resources available to dwellings that are occupied by low-income persons2 7#d7 to disseminate new methods and best practices among entities providing weatherization assistance2 7#e7 to encourage entities providing weatherization assistance to hire and retain employees who are individuals-- 7,a7 from the community in which the assistance is provided2 and 7,b7 from communities or groups that are underrepresented in the home energy performance workforce1 including religious and ethnic minorities1 women1 veterans1 individuals with disabilities1 and individuals who are socioeconomically disadvantaged2 and 7#f7 to enhance or expand 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 wildfires4 7b7 ,financial assistance ,the ,secretary shall1 to the extent funds are made available1 award financial assistance1 on an annual basis1 through a competitive process to entities receiving funding from the ,federal ,government or from a ,state1 tribal organization1 or unit of general purpose local government through a weatherization program under section #dac or section #dad1 or to nonprofit entities1 to be used by such an entity-- 7#a7 with respect to dwelling units that are occupied by low-income persons1 to-- 7,a7 implement measures to make such dwelling units weatherization-ready by addressing structural1 plumbing1 roofing1 and electrical issues1 environmental hazards1 or other measures that the ,secretary determines to be appropriate2 7,b7 install energy efficiency technologies1 including home energy management systems1 smart devices1 and other technologies the ,secretary determines to be appropriate2 7,c7 install renewable energy systems 7as defined in section #dae7;c77#f77;,a772 7,d7 implement measures to ensure healthy indoor environments by improving indoor air quality1 accessibility1 and other healthy homes measures as determined by the ,secretary2 and 7,e7 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 wildfires2 7#b7 to improve the capability of the entity-- 7,a7 to significantly increase the number of energy retrofits performed by such entity2 7,b7 to replicate best practices for work performed pursuant to this section on a larger scale2 7,c7 to leverage additional funds to sustain the provision of weatherization assistance and other work performed pursuant to this section after financial assistance awarded under this section is expended2 and 7,d7 to hire and retain employees who are individuals described subsection 7a77#e72 7#c7 for innovative outreach and education regarding the benefits and availability of weatherization assistance and other assistance available pursuant to this section2 7#d7 for quality control of work performed pursuant to this section2 7#e7 for data collection1 measurement1 and verification with respect to such work2 7#f7 for program monitoring1 oversight1 evaluation1 and reporting regarding such work2 7#g7 for labor1 training1 and technical assistance relating to such work2 7#h7 for planning1 management1 and administration 7up to a maximum of #ae percent of the assistance provided72 and 7#i7 for such other activities as the ,secretary determines to be appropriate4 7c7 ,award factors ,in awarding financial assistance under this section1 the ,secretary shall consider-- 7#a7 the applicant's record of constructing1 renovating1 repairing1 or making energy efficient single-family1 multifamily1 or manufactured homes that are occupied by low-income persons1 either directly or through affiliates1 chapters1 or other partners 7using the most recent year for which data are available72 7#b7 the number of dwelling units occupied by low-income persons that the applicant has built1 renovated1 repaired1 weatherized1 or made more energy efficient in the #e years preceding the date of the application2 7#c7 the qualifications1 experience1 and past performance of the applicant1 including experience successfully managing and administering ,federal funds2 7#d7 the strength of an applicant's proposal to achieve one or more of the purposes under subsection 7a72 7#e7 the extent to which such applicant will utilize partnerships and regional coordination to achieve one or more of the purposes under subsection 7a72 7#f7 regional and climate zone diversity2 7#g7 urban1 suburban1 and rural localities2 and 7#h7 such other factors as the ,secretary determines to be appropriate4 7d7 ,applications 7#a7 ,administration ,to be eligible for an award of financial assistance under this section1 an applicant shall submit to the ,secretary an application in such manner and containing such information as the ,secretary may require4 7#b7 ,awards ,subject to the availability of appropriations1 not later than #bgj days after the date of enactment of this section1 the ,secretary shall make a first award of financial assistance under this section4 7e7 ,maximum amount and term 7#a7 ,in general ,the total amount of financial assistance awarded to an entity under this section shall not exceed #b1jjj1jjj4 7#b7 ,technical and training assistance ,the total amount of financial assistance awarded to an entity under this section shall be reduced by the cost of any technical and training assistance provided by the ,secretary that relates to such financial assistance4 7#c7 ,term ,the term of an award of financial assistance under this section shall not exceed #c years4 7#d7 ,relationship to formula grants ,an entity may use financial assistance awarded to such entity under this section in conjunction with other financial assistance provided to such entity under this part4 7f7 ,requirements ,not later than #ij days after the date of enactment of this section1 the ,secretary shall issue requirements to implement this section1 including1 for entities receiving financial assistance under this section-- 7#a7 standards for allowable expenditures2 7#b7 a minimum saving-to-investment ratio2 and 7#c7 standards for-- 7,a7 training programs2 7,b7 energy audits2 7,c7 the provision of technical assistance2 7,d7 monitoring activities carried out using such financial assistance2 7,e7 verification of energy and cost savings2 7,f7 liability insurance requirements2 and 7,g7 recordkeeping and reporting requirements1 which shall include reporting to the ,office of ,weatherization and ,intergovernmental ,programs of the ,department of ,energy applicable data on each dwelling unit retrofitted or otherwise assisted pursuant to this section4 7g7 ,compliance with ,state and local law ,nothing in this section supersedes or otherwise affects any ,state or local law1 to the extent that the ,state or local law contains a requirement that is more stringent than the applicable requirement of this section4 7h7 ,review and evaluation ,the ,secretary shall review and evaluate the performance of each entity that receives an award of financial assistance under this section 7which may include an audit74 7i7 ,annual report ,the ,secretary shall submit to ,congress an annual report that provides a description of-- 7#a7 actions taken under this section to achieve the purposes of this section2 and 7#b7 accomplishments as a result of such actions1 including energy and cost savings achieved4 7j7 ,funding 7#a7 ,amounts 7,a7 ,in general ,for each of fiscal years #bjba through #bjbe1 of the amount made available under section #dbb for such fiscal year to carry out the weatherization program under this part 7not including any of such amount made available for ,department of ,energy headquarters training or technical assistance71 not more than-- 7i7 #b percent of such amount 7if such amount is #bbe1jjj1jjj or more but less than #bfj1jjj1jjj7 may be used to carry out this section2 7ii7 #d percent of such amount 7if such amount is #bfj1jjj1jjj or more but less than #cjj1jjj1jjj7 may be used to carry out this section2 and 7iii7 #f percent of such amount 7if such amount is #cjj1jjj1jjj or more7 may be used to carry out this section4 7,b7 ,minimum ,for each of fiscal years #bjba through #bjbe1 if the amount made available under section #dbb 7not including any of such amount made available for ,department of ,energy headquarters training or technical assistance7 for such fiscal year is less than #bbe1jjj1jjj1 no funds shall be made available to carry out this section4 7#b7 ,limitation ,for any fiscal year1 the ,secretary may not use more than #be1jjj1jjj of the amount made available under section #dbb to carry out this section4 7k7 ,termination ,the ,secretary may not award financial assistance under this section after ,september #cj1 #bjbe4 4 7#b7 ,table of contents ,the table of contents for the ,energy ,conservation and ,production ,act is amended by inserting after the item relating to section #dad;,c the following3 ,sec4 #dad;,d4 ,financial assistance for ,,wap enhancement and innovation4 4 7f7 ,hiring 7#a7 ,in general ,the ,energy ,conservation and ,production ,act is amended by inserting after section #dad;,d 7as added by subsection 7e7 of this section7 the following3 #dad;,e4 ,hiring ,the ,secretary may1 as the ,secretary determines appropriate1 encourage entities receiving funding from the ,federal ,government or from a ,state through a weatherization program under section #dac or section #dad1 to prioritize the hiring and retention of employees who are individuals described in section #dad;,d7a77#e74 4 7#b7 ,table of contents ,the table of contents for the ,energy ,conservation and ,production ,act is amended by inserting after the item relating to section #dad;,d the following3 ,sec4 #dad;,e4 ,hiring4 4 7g7 ,increase in administrative funds ,section #dae7;a77#a7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfe7;a77#a77 is amended by striking #aj percent and inserting #ae percent4 7h7 ,amending re-,weatherization date ,paragraph 7#b7 of section #dae7;c7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfe7;c77 is amended to read as follows3 7#b7 ,dwelling units weatherized 7including dwelling units partially weatherized7 under this part1 or under other ,federal programs 7in this paragraph referred to as previous weatherization71 may not receive further financial assistance for weatherization under this part until the date that is #ae years after the date such previous weatherization was completed4 ,this paragraph does not preclude dwelling units that have received previous weatherization from receiving assistance and services 7including the provision of information and education to assist with energy management and evaluation of the effectiveness of installed weatherization materials7 other than weatherization under this part or under other ,federal programs1 or from receiving non-,federal assistance for weatherization4 4 7i7 ,annual report ,section #dba of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhga7 is amended by inserting the number of multifamily buildings in which individual dwelling units were weatherized during the previous year1 the number of individual dwelling units in multifamily buildings weatherized during the previous year1 after the average size of the dwellings being weatherized14 #afjb4 ,report on waivers ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,energy shall submit to ,congress a report on the status of any request made after ,september #cj1 #bjaj1 for a waiver of any requirement under section #bjj4cac of title #b1 ,code of ,federal ,regulations1 as such requirement applies with respect to the weatherization assistance program under part ,a of title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfa et seq471 including a description of any such waiver that has been granted and any such request for a waiver that has been considered but not granted4 #afjc4 ,application of wage rate requirements to ,weatherization ,assistance ,program ,with respect to the ,weatherization ,assistance ,program1 the requirements of section #abbjb shall apply only to work performed on multifamily buildings4 #afjd4 ,prohibition on category #a respiratory sensitizers ,thermal insulating materials for building elements including walls1 floors1 ceilings1 attics and roofs insulation1 used for ,low ,income ,home ,energy ,assistance and ,weatherization ,assistance ,program shall not contain any substance that is a ,category #a respiratory sensitizer as defined in ,appendix ,a to section #aiaj4abjj of title #bi1 ,code of ,federal ,regulations1 7specifically1 ,appendix ,a4#d1 ,respiratory or ,skin ,sensitization71 if such substance was intentionally added or is present at greater than #j4a percent 7#ajjj ppm7 by weight in the product4 ,g ,energy and ,water ,research ,integration #agja4 ,integrating energy and water research 7a7 ,in general ,the ,secretary of ,energy shall integrate water considerations into energy research1 development1 and demonstration programs and projects of the ,department of ,energy by-- 7#a7 advancing energy and energy efficiency technologies and practices that meet the objectives of-- 7,a7 minimizing freshwater withdrawal and consumption2 7,b7 increasing water use efficiency2 7,c7 utilizing nontraditional water sources with efforts to improve the quality of the water from those sources2 7,d7 minimizing deleterious impacts on water bodies1 groundwater1 and waterways2 and 7,e7 minimizing seismic impacts2 7#b7 considering the effects climate variability may have on water supplies and quality for energy generation and fuel production2 and 7#c7 improving understanding of the energy-water nexus4 7b7 ,strategic plan 7#a7 ,in general ,not later than #ab months after the date of enactment of this ,act1 the ,secretary shall develop a strategic plan identifying the research1 development1 and demonstration needs for ,department programs and projects to carry out subsection 7a74 ,the strategic plan shall include technical milestones for achieving and assessing progress toward the objectives of subsection 7a77#a74 7#b7 ,specific considerations ,in developing the strategic plan1 the ,secretary shall consider-- 7,a7 new advanced cooling technologies for energy generation and fuel production technologies2 7,b7 performance improvement of existing cooling technologies and cost reductions associated with using those technologies2 7,c7 innovative water reuse1 recovery1 and treatment technologies in energy generation and fuel production1 including renewable energy2 7,d7 technology development for carbon capture and storage systems that utilize efficient water use design strategies2 7,e7 technologies that are life-cycle cost effective2 7,f7 systems analysis and modeling of issues relating to the energy-water nexus2 7,g7 technologies to treat and utilize wastewater and produced waters discharged from oil1 natural gas1 coalbed methane1 and any other substance to be used as an energy source2 7,h7 advanced materials for the use of nontraditional water sources for energy generation and fuel production2 7,i7 biomass production and utilization and the impact on hydrologic systems2 7,j7 technologies that reduce impacts on water from energy resource development2 7,k7 energy efficient technologies for water distribution1 treatment1 supply1 and collection systems2 7,l7 technologies for energy generation from water distribution1 treatment1 supply1 and collection systems2 7,m7 the flexible operation of water infrastructure to provide essential grid reliability services2 7,n7 modular or energy-water microgrid systems that can provide energy and water resources in remote or disaster recovery areas2 7,o7 recovering energy in the form of biofuels1 bioproducts1 and biopower from municipal and industrial wastewaters1 and similar organic streams2 and 7,p7 any other area of the energy-water nexus that the ,secretary considers appropriate4 7#c7 ,collaboration and nonduplication ,in developing the strategic plan1 the ,secretary shall coordinate and avoid duplication-- 7,a7 with other ,federal agencies operating related programs1 if appropriate2 and 7,b7 across programs and projects of the ,department1 including with those of the ,national ,laboratories4 7#d7 ,relevant information and recommendations ,in developing the strategic plan1 the ,secretary shall consider and incorporate1 as appropriate1 relevant information and recommendations1 including those of the ,national ,water ,availability and ,use ,assessment ,program under section #iejh7;d7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfh7;d774 7#e7 ,additional participation ,in developing the strategic plan1 the ,secretary shall consult and coordinate with a diverse group of representatives from research and academic institutions1 industry1 public utility commissions1 and ,state and local governments who have expertise in technologies and practices relating to the energy-water nexus4 7#f7 ,submission to ,congress ,not later than #ab months after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate the strategic plan4 7#g7 ,updating the strategic plan ,not later than #c years after the date of enactment of this ,act1 and at least once every #e years thereafter1 the ,secretary shall-- 7,a7 utilize relevant information produced by ,federal ,government agencies1 academia1 ,state1 local1 and tribal governments and industry to update the strategic plan2 7,b7 include in the updated strategic plan a description of the changes from the previous strategic plan and the rationale for such changes2 7,c7 include a review of progress made towards the milestones outlined in the previous strategic plan2 and 7,d7 submit the updated strategic plan to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate4 7c7 ,additional activities ,the ,secretary may provide for such additional research1 development1 and demonstration activities as appropriate to integrate water considerations into the research1 development1 and demonstration activities of the ,department as described in subsection 7a74 #agjb4 ,energy-water oversight and coordination 7a7 ,in general ,in carrying out the research1 development1 and demonstration activities outlined in section #agja1 the ,secretary1 in coordination with other relevant ,federal agencies1 shall establish an ,energy-,water ,committee to promote and enable improved energy and water resource data collection1 reporting1 and technological innovation4 ,the ,committee shall consist of-- 7#a7 representation from each program within the ,department and each ,federal agency that conducts research related to the energy-water nexus2 and 7#b7 non-,federal members1 including representatives of research and academic institutions1 ,state1 local1 and tribal governments1 public utility commissions1 and industry1 who have expertise in technologies1 technological innovations1 or practices relating to the energy-water nexus4 7b7 ,functions ,the ,committee shall1 in carrying out section #agja-- 7#a7 make recommendations on the development and integration of data collection and data communication standards and protocols1 including models and modeling results1 to agencies and entities currently engaged in collecting the data for the energy-water nexus2 7#b7 recommend ways to make improvements to ,federal water use data to increase understanding of trends in energy generation and fuel production1 including non-cooling water uses2 7#c7 recommend best practices for utilizing information from existing monitoring networks to provide nationally uniform water and energy use and infrastructure data2 and 7#d7 conduct annual technical workshops1 including at least one regional workshop annually1 to facilitate information exchange among ,federal1 regional1 ,state1 local1 and tribal governments and private sector experts on technologies that encourage the conservation and efficient use of water and energy4 7c7 ,reports ,not later than #a year after the date of enactment of this ,act1 and at least once every #b years thereafter1 the ,committee1 through the ,secretary1 shall transmit to ,congress a report on its findings and activities under this section4 7d7 ,applicability of ,federal ,advisory ,committee ,act ,except as otherwise provided in this section1 the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,committee4 #agjc4 ,rule of construction ,notwithstanding any other provision of law1 nothing in this part shall be construed to require ,state1 tribal1 or local governments to provide additional data for ,federal purposes1 or to take any action that may result in an increased financial burden to such governments by restricting the use of water by such governments4 #agjd4 ,coordination and nonduplication ,to the maximum extent practicable1 the ,secretary shall coordinate activities under this part with other programs of the ,department and other ,federal research programs4 #agje4 ,definitions ,in this part3 7#a7 ,committee ,the term ,committee means the ,energy-,water ,committee established under section #agjb7;a74 7#b7 ,department ,the term ,department means the ,department of ,energy4 7#c7 ,energy-water nexus ,the term energy-water nexus means the energy required to provide reliable water supplies and the water required to provide reliable energy supplies throughout the ,united ,states4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 ,h ,other matters #ahja4 ,modifications to the ceiling fan energy conservation standard 7a7 ,in general ,section #cbe7;ff77#f7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7;ff77#f77 is amended by adding at the end the following3 7,c7 7i7 ,large-diameter ceiling fans manufactured on or after ,january #ba1 #bjbj1 shall-- 7,i7 not be required to meet minimum ceiling fan efficiency in terms of ratio of the total airflow to the total power consumption as described in the final rule titled ,energy ,conservation ,program3 ,energy ,conservation ,standards for ,ceiling ,fans 7#hb ,fed4 ,reg4 #fhbf 7,january #ai1 #bjag772 and 7,,ii7 have a ,,cfei greater than or equal to-- 7aa7 #a4jj at high speed2 and 7bb7 #a4ca at #dj percent speed or the nearest speed that is not less than #dj percent speed4 7ii7 ,for purposes of this subparagraph1 the term ,,cfei means the ,fan ,energy ,index for large-diameter ceiling fans1 calculated in accordance with ,,ansi_/,,amca ,standard #bjh-ah titled ,calculation of the ,fan ,energy ,index1 with the following modifications3 7,i7 ,using an ,airflow ,constant 7,q#j7 of #bf1ejj cubic feet per minute4 7,,ii7 ,using a ,pressure ,constant 7,p#j7 of #j4jjbg inches water gauge4 7,,iii7 ,using a ,fan ,efficiency ,constant 7#j7 of #db percent4 4 7b7 ,revision ,for purposes of section #cbe7m7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7m771 the standard established in section #cbe7;ff77#f77;,c7 of such ,act 7as added by subsection 7a7 of this section7 shall be treated as if such standard was issued on ,january #ai1 #bjag4 #ahjb4 ,smart energy and water efficiency program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a municipality2 7,b7 a water district2 and 7,c7 any other entity that provides water1 wastewater1 or water reuse services1 including a joint water and power authority4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#c7 ,smart energy and water efficiency program ,the term smart energy and water efficiency program or program means the program established under subsection 7b74 7b7 ,smart energy and water efficiency program 7#a7 ,in general ,the ,secretary shall establish and carry out a smart energy and water efficiency program in accordance with this section4 7#b7 ,eligible projects ,in carrying out the smart energy and water efficiency program1 the ,secretary shall award grants to eligible entities to carry out projects that implement advanced and innovative technology-based solutions that will improve the energy or water efficiency of water1 wastewater1 or water reuse systems to-- 7,a7 help eligible entities make significant progress in conserving water1 conserving energy1 or reducing the operating costs of such systems2 7,b7 support the implementation of innovative processes or the installation of advanced automated systems that provide real-time data on energy and water2 or 7,c7 improve predictive maintenance of water1 wastewater1 or water reuse systems through the use of ,internet-connected technologies1 such as sensors1 intelligent gateways1 or security embedded in hardware4 7#c7 ,project selection 7,a7 ,in general ,the ,secretary shall make competitive1 merit-reviewed grants under the program to not fewer than #c1 but not more than #e1 eligible entities4 7,b7 ,selection criteria ,in selecting an eligible entity to receive a grant under the program1 the ,secretary shall consider-- 7i7 energy and cost savings anticipated to result from the project2 7ii7 the innovative nature1 commercial viability1 and reliability of the technology to be used2 7iii7 the degree to which the project integrates innovative sensors1 software1 hardware1 analytics1 and management tools2 7iv7 the anticipated cost-effectiveness of the project in terms of energy savings1 water savings or reuse1 and infrastructure costs averted2 7v7 whether the technology can be deployed in a variety of geographic regions and the degree to which the technology can be implemented on a smaller or larger scale1 including whether the technology can be implemented by other types of eligible entities2 and 7vi7 whether implementation of the project will be complete within #e years4 7,c7 ,applications 7i7 ,in general ,subject to clause 7ii71 an eligible entity seeking a grant under the program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary determines to be necessary4 7ii7 ,contents ,an application under clause 7i7 shall1 at a minimum1 include-- 7,i7 a description of the project2 7,,ii7 a description of the technology to be used in the project2 7,,iii7 the anticipated results1 including energy and water savings1 of the project2 7,,iv7 a comprehensive budget for the project2 and 7,v7 the number of households or customers that are served by the eligible entity and will benefit from the project4 7#d7 ,administration 7,a7 ,in general ,not later than #cjj days after the date of enactment of this ,act1 the ,secretary shall select grant recipients under this section4 7,b7 ,evaluations ,the ,secretary shall annually for #e years carry out an evaluation of each project for which a grant is provided under this section that-- 7i7 evaluates the progress and effects of the project2 and 7ii7 assesses the degree to which the project can be replicated in other regions1 systems1 and situations4 7,c7 ,technical assistance ,on the request of a grant recipient1 the ,secretary shall provide technical assistance to the grant recipient to carry out the project4 7,d7 ,best practices ,the ,secretary shall make available to the public-- 7i7 a copy of each evaluation carried out under subparagraph 7,b72 and 7ii7 a description of any best practices identified by the ,secretary as a result of those evaluations4 7,e7 ,report to ,congress ,not later than the date on which the ,secretary completes the last evaluation required under subparagraph 7,b71 the ,secretary shall submit to ,congress a report containing the results of each evaluation carried out under such subparagraph4 7c7 ,authorization of appropriations ,there is authorized to be appropriated #ae1jjj1jjj to carry out this section1 to remain available until expended4 #ahjc4 ,energy ,efficiency and ,conservation ,block ,grant ,program 7a7 ,purpose ,section #edb7;b77#a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaeb7;b77#a77 is amended-- 7#a7 in subparagraph 7,a71 by striking 2 and and inserting a semicolon2 7#b7 in subparagraph 7,b71 by striking the semicolon and inserting 2 and2 and 7#c7 by adding at the end the following3 7,c7 diversifies energy supplies1 including by facilitating and promoting the use of alternative fuels2 4 7b7 ,use of funds ,section #edd7i7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaed7i77 is amended to read as follows3 7#i7 deployment of energy distribution technologies that significantly increase energy efficiency or expand access to alternative fuels1 including-- 7,a7 distributed resources2 7,b7 district heating and cooling systems2 and 7,c7 infrastructure for delivering alternative fuels2 4 7c7 ,competitive grants ,section #edf7;c77#b7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaef7;c77#b77 is amended by inserting 1 including projects to expand the use of alternative fuels before the period at the end4 7d7 ,funding ,section #edh7;a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaeh7;a77 is amended to read as follows3 7a7 ,authorization of appropriations 7#a7 ,grants ,there is authorized to be appropriated to the ,secretary for the provision of grants under the program #c1ejj1jjj1jjj for each of fiscal years #bjba through #bjbe4 7#b7 ,administrative costs ,there is authorized to be appropriated to the ,secretary for administrative expenses of the program #ce1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 7e7 ,technical amendments ,section #edc of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaec7 is amended-- 7#a7 in subsection 7c71 by striking subsection 7a77#b7 and inserting subsection 7a77#c72 and 7#b7 in subsection 7d71 by striking subsection 7a77#c7 and inserting subsection 7a77#d74 #ahjd4 ,energy efficient public buildings 7a7 ,grants ,section #abe7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehbb7;a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by inserting ,standard #ij4a of the ,american ,society of ,heating1 ,refrigerating1 and ,air-,conditioning ,engineers1 after the ,international ,energy ,conservation ,code12 and 7,b7 by striking 2 or and inserting a semicolon2 7#b7 in paragraph 7#b71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#c7 through benchmarking programs to enable use of building performance data to evaluate the performance of energy efficiency investments over time4 4 7b7 ,assurance of improvement ,section #abe of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehbb7 is amended by redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7d71 respectively1 and inserting after subsection 7a7 the following3 7b7 ,assurance of improvement 7#a7 ,verification ,a ,state agency receiving a grant for activities described in paragraph 7#a7 or 7#b7 of subsection 7a7 shall ensure1 as a condition of eligibility for assistance pursuant to such grant1 that a unit of local government receiving such assistance obtain third-party verification of energy efficiency improvements in each public building with respect to which such assistance is used4 7#b7 ,guidance ,the ,secretary may provide guidance to ,state agencies to comply with paragraph 7#a74 ,in developing such guidance1 the ,secretary shall consider available third-party verification tools for high-performing buildings and available third-party verification tools for energy efficiency retrofits4 4 7c7 ,administration ,section #abe7;c7 of the ,energy ,policy ,act of #bjje1 as so redesignated1 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking ,state energy offices receiving grants and inserting ,a ,state agency receiving a grant2 7#b7 in paragraph 7#a71 by striking 2 and and inserting a semicolon2 7#c7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following3 7#c7 ensure that all laborers and mechanics employed by contractors and subcontractors in the performance of construction1 alteration1 or repair work financed in whole or in part with assistance received pursuant to this section shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality1 as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7and with respect to such labor standards1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code74 4 7d7 ,authorization of appropriations ,section #abe7;d7 of the ,energy ,policy ,act of #bjje1 as so redesignated1 is amended by striking #cj1jjj1jjj for each of fiscal years #bjjf through #bjaj and inserting #ajj1jjj1jjj for each of fiscal years #bjba through #bjbe4 #ahje4 ,smart buildings 7a7 ,definitions ,in this section3 7#a7 ,frontline community ,the term frontline community means a community with significant representation of communities of color1 low-income communities1 or ,tribal and indigenous communities1 that experiences1 or is at risk of experiencing1 higher or more adverse human health or environmental effects4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#c7 ,smart building ,the term smart building means a building1 or collection of buildings1 with an energy system that-- 7,a7 is flexible and automated in its energy demand and usage in response to changes associated with the environment1 occupant behaviors1 building conditions1 and other events2 7,b7 has monitoring1 diagnostics1 control1 and communication connectivity that enables analysis and control of energy consumption and generation2 7,c7 has a systems-based approach to integrating the overall building operations for control of energy demand1 generation1 and storage2 7,d7 has the ability to share information with utilities or other third-party entities1 as appropriate in order to coordinate building energy assets to support energy system reliability and resilience2 7,e7 supports the health and safety of occupants2 or 7,f7 incorporates cybersecurity protections4 7b7 ,federal smart building program 7#a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall1 in consultation with the ,administrator of ,general ,services1 establish a program to be known as the ,federal ,smart ,building ,program-- 7,a7 to implement smart building technology2 and 7,b7 to demonstrate the costs and benefits of smart buildings4 7#b7 ,selection 7,a7 ,in general ,the ,secretary shall coordinate the selection of not fewer than #a building from among each of several key ,federal agencies1 as described in paragraph 7#d71 to compose an appropriately diverse set of smart buildings based on size1 type1 and geographic location4 7,b7 ,inclusion of commercially operated buildings ,in making selections under subparagraph 7,a71 the ,secretary may include buildings that are owned by the ,federal ,government but are commercially operated4 7#c7 ,targets ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall establish targets for the number of smart buildings to be commissioned and evaluated by key ,federal agencies by #c years and #f years after the date of enactment of this ,act4 7#d7 ,federal agency described ,the key ,federal agencies referred to paragraph 7#b77;,a7 shall include buildings operated by-- 7,a7 the ,department of the ,army2 7,b7 the ,department of the ,navy2 7,c7 the ,department of the ,air ,force2 7,d7 the ,department of ,energy2 7,e7 the ,department of the ,interior2 7,f7 the ,department of ,veterans ,affairs2 and 7,g7 the ,general ,services ,administration4 7#e7 ,requirement ,in implementing the program established under this subsection1 the ,secretary shall leverage existing financing mechanisms1 including energy savings performance contracts1 utility energy service contracts1 and annual appropriations4 7#f7 ,evaluation ,using the guidelines of the ,federal ,energy ,management ,program relating to whole-building evaluation1 measurement1 and verification1 the ,secretary shall evaluate the costs and benefits of the buildings selected under paragraph 7#b71 including an identification of-- 7,a7 which advanced building technologies-- 7i7 are most cost-effective2 and 7ii7 show the most promise for-- 7,i7 increasing building energy savings2 7,,ii7 increasing service performance to building occupants2 7,,iii7 reducing environmental impacts2 and 7,,iv7 establishing cybersecurity2 and 7,b7 any other information the ,secretary determines to be appropriate4 7#g7 ,awards ,the ,secretary may expand awards made under the ,federal ,energy ,management ,program and the ,better ,building ,challenge to recognize specific agency achievements in accelerating the adoption of smart building technologies4 7c7 ,survey of private sector smart buildings 7#a7 ,survey ,the ,secretary shall conduct a survey of privately owned smart buildings throughout the ,united ,states1 including commercial buildings1 laboratory facilities1 hospitals1 multifamily residential buildings1 and buildings owned by nonprofit organizations and institutions of higher education4 7#b7 ,selection ,from among the smart buildings surveyed under paragraph 7#a71 the ,secretary shall select not fewer than #a building each from an appropriate range of building sizes1 types1 and geographic locations4 7#c7 ,evaluation ,using the guidelines of the ,federal ,energy ,management ,program relating to whole-building evaluation1 measurement1 and verification1 the ,secretary shall evaluate the costs and benefits of the buildings selected under paragraph 7#b71 including an identification of-- 7,a7 which advanced building technologies and systems-- 7i7 are most cost-effective2 and 7ii7 show the most promise for-- 7,i7 increasing building energy savings2 7,,ii7 increasing service performance to building occupants2 7,,iii7 reducing environmental impacts2 and 7,,iv7 establishing cybersecurity2 and 7,b7 any other information the ,secretary determines to be appropriate4 7d7 ,leveraging existing programs 7#a7 ,better buildings program 7,a7 ,better buildings challenge ,the ,secretary shall carry out a program to provide technical assistance for entities to set and achieve goals to improve energy efficiency1 reduce greenhouse gas emissions and emissions of other pollutants1 and reduce embodied carbon in commercial and residential buildings through the commercial application of relevant tools and technologies4 ,in carrying out this program1 the ,secretary shall-- 7i7 identify opportunities for optimizing energy efficiency1 demand management1 and increasing emissions reductions in buildings to achieve net-zero energy or energy-generating buildings1 including through electrification2 7ii7 promote the commercial application of emerging concepts and technologies in buildings2 7iii7 share best practices from successful projects2 and 7iv7 ensure a diversity of entities receive technical assistance1 including low-income and rural communities4 7,b7 ,better buildings accelerator ,in carrying out the program under subparagraph 7,a71 the ,secretary shall develop smart building accelerators that will demonstrate innovative policies and approaches to accelerate the transition to smart buildings in the public1 institutional1 laboratory1 industrial1 commercial1 and residential sectors1 including in rural1 low-income1 and multi-family housing4 7,c7 ,building ,america program ,the ,secretary shall carry out a research1 development1 and demonstration program on tools1 technologies1 and techniques to reduce energy use and emissions in new and existing residential buildings1 in partnership with industry entities4 7#b7 ,research and development 7,a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a program of research1 development1 demonstration1 and commercial application to develop cost-effective tools1 technologies1 and practices that reduce greenhouse gas emissions or other pollutants from1 increase the energy efficiency of1 and increase beneficial electrification of new and existing commercial and residential buildings1 including retrofits and electrification of existing buildings1 rural housing1 low-income housing1 multi-family housing1 and manufactured housing4 7,b7 ,energy equity ,the ,secretary shall carry out research to identify barriers to and strategies for expanding the use of low-emissions and energy-efficient building technologies and appliances in the buildings where members of frontline communities live and work4 ,research topics covered under this subparagraph may include-- 7i7 barriers to the use of technologies developed under this subsection in rural1 low-income1 and multi-family housing2 7ii7 causes of and solutions for inequitable energy costs in residential buildings based on race or class2 and 7iii7 solutions that enable energy-efficient homes while keeping housing affordable for low-income communities4 7,c7 ,non-technical barriers ,the ,secretary shall support research and analysis to identify non-technical barriers1 and methods to address such barriers1 to enable greater use of tools and technologies developed under this subsection in new and existing commercial and residential buildings1 including rural housing1 low-income housing1 and multi-family housing4 7,d7 ,advanced building construction1 design1 and retrofits ,as part of the program established under subparagraph 7,a71 the ,secretary shall support research and development on technologies and methodologies to enable advanced building design1 construction techniques1 and retrofits4 ,in supporting research and development under subparagraph 7,a71 the ,secretary shall-- 7i7 include considerations of a full lifecycle analysis during building design1 manufacturing1 and construction1 including environmental considerations1 embodied energy and embodied carbon in building materials1 transportation of materials1 and implications for final disposal and recycling2 7ii7 incorporate principles of resilient building design and construction through the consideration of regional differences in-- 7,i7 climate1 season1 temperature1 and precipitation in consultation with the ,national ,oceanic and ,atmospheric ,administration2 and 7,,ii7 fuel mix and energy production1 including through the development of vulnerability assessments and analysis of building resilience for proposed building designs1 building sites1 or existing buildings2 7iii7 support research and development on the use of various potential energy sources and distributed generation to supply cooling1 heating1 and power for buildings1 including integrated and adaptive control solutions that address traditional building energy management and emerging technologies1 such as batteries1 thermal storage1 and combined heat and power1 compatible with all sizes of buildings2 7iv7 support the development and integration of technologies that enable low-emissions and energy-efficient or advanced buildings1 such as heating1 ventilation1 air-conditioning1 and refrigeration systems and other appliances that are cost-competitive over the life of the product as compared to conventional technologies and that incorporate considerations of retrofitting and ease of installation1 using a whole-systems and whole-buildings approach2 7v7 support the development and integration of cost-effective next-generation window and building envelope technologies that incorporate considerations of retrofitting and ease of installation2 7vi7 support development of alternative working fluids and refrigerants for use in buildings equipment to reduce their impact on climate change2 and 7vii7 research methods to enhance comfort and health of individual occupants in buildings that also result in improved energy efficiency and emissions reductions1 including indoor air pollution4 7,e7 ,grid-interactive buildings ,as part of the program established under subparagraph 7,a71 the ,secretary shall support research and development to enable components of commercial and residential buildings to serve as dynamic energy loads and energy resources to enable smart building designs4 ,in particular1 the ,secretary shall focus on the development of-- 7i7 advanced building energy management systems through the integration of sensors and advanced control technologies and systems that allow whole-building optimization and integration with other energy systems1 including photovoltaics1 electric vehicles1 and energy storage technologies such as thermal storage2 7ii7 cost-effective sensors that enable monitoring of building conditions and energy load1 including1 as appropriate1 reporting energy use and forecasting energy needs2 7iii7 improved analysis of data on the energy use of devices connected to buildings1 including miscellaneous electric loads2 7iv7 advanced control technologies and systems that enable flexible operation of building components and that are capable of coordinating and executing energy control commands in response to signals from the electric grid2 7v7 flexible building components capable of reporting and modulating energy use in response to control commands1 as appropriate2 7vi7 data analysis and communication protocols to further systems integration1 interoperability1 and automation2 7vii7 building energy storage capabilities to modulate peak and off-peak energy demand2 7viii7 distributed energy resources at the community- and building-level through localized electric grids2 7ix7 technologies to reduce energy use and emissions in connected communities and neighborhoods located in a variety of climates1 including by enabling transactive energy concepts2 and 7x7 cybersecurity practices that protect privacy and personally identifiable information4 7,f7 ,modeling and data analysis ,as part of the program established under subparagraph 7,a71 the ,secretary shall support the development of building models1 including for the design and operation of buildings1 and the analysis of relevant data to enable smart buildings4 ,in particular1 the ,secretary shall focus on the development of-- 7i7 advanced modeling capabilities that include modeling of grid interactivity1 resilience1 and relevant behavioral1 community-scale1 and urban-scale activities in order to-- 7,i7 provide system-level analysis of new technologies1 including distributed generation and storage2 7,,ii7 evaluate system benefits such as emissions reductions1 community resilience1 distribution grid reliability1 and service to underserved communities2 7,,iii7 provide data1 derived from both simulation and demonstration projects established under subparagraph 7,g71 to inform decision support and new business models2 and 7ii7 automated methods to generate models of proposed or existing buildings2 7iii7 methods to address barriers1 including non-technical barriers1 to commercial application of building models for building operation2 7iv7 methods to analyze data collected by technologies in smart buildings and collections of buildings2 7v7 artificial intelligence and machine learning approaches to building energy management2 and 7vi7 advanced data collection and monitoring methods for utilities at the building level and component level4 7,g7 ,demonstration program ,the ,secretary shall establish a competitive grant program for the demonstration of advanced building technologies and systems developed under the program established under subparagraph 7,a7 that-- 7i7 focuses on a range of new and existing building types1 including low-income housing1 rural housing and agricultural buildings1 multi-family residential buildings1 manufactured housing1 and small and medium-sized commercial buildings2 and 7ii7 includes community-scale demonstration projects4 7,h7 ,testing and validation ,in carrying out the program under subparagraph 7,a71 the ,secretary shall-- 7i7 support testing and validation activities to improve the commercial application of relevant tools1 technologies1 and methods1 including the use of testbeds to determine cost savings and performance in realistic scenarios2 and 7ii7 support analysis1 testing1 and validation to accurately determine energy savings1 emissions reductions1 cost-savings1 and other potential impacts of the highest-performing appliances that are commercially available4 7,i7 ,partnerships ,in carrying out the activities authorized in this subsection1 the ,secretary shall work with utilities1 ,state and local energy offices1 building owners1 technology developers1 contractors1 building developers1 and other relevant entities to guide the focus areas of the activities of the program carried out under subparagraph 7,a7 and to encourage the commercial application of these technologies by building owners1 operators1 developers1 occupants1 contractors1 or other relevant entities4 7,j7 ,coordination ,in carrying out this subsection1 the ,secretary shall coordinate across all relevant program offices at the ,department of ,energy1 including the ,office of ,electricity1 the ,advanced ,manufacturing ,office1 the ,vehicle ,technologies ,office1 the ,geothermal ,technologies ,office1 and the ,office of ,cybersecurity1 ,energy ,security1 and ,emergency ,response4 7e7 ,report ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter until a total of #c reports have been made1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report on-- 7#a7 the establishment of the ,federal ,smart ,building ,program and the evaluation of ,federal smart buildings under subsection 7b72 7#b7 the survey and evaluation of private sector smart buildings under subsection 7c72 and 7#c7 any recommendations of the ,secretary to further accelerate the transition to smart buildings4 #ahjf4 ,water heaters 7a7 ,definition of water heater ,section #cba of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbia7 is amended by striking paragraph 7#bg7 and inserting the following3 7#bg7 ,water heater 7,a7 ,in general ,the term water heater means a product that utilizes oil1 gas1 or electricity to heat potable water for use outside the heater on demand1 including-- 7i7 storage type units that heat and store water at a thermostatically controlled temperature1 including-- 7,i7 gas storage water heaters with an input of #ge1jjj ,btu per hour or less1 including heat pump type units that meet the current and voltage limits under clause 7iii72 7,,ii7 oil storage water heaters with an input of #aje1jjj ,btu per hour or less2 and 7,,iii7 electric storage water heaters with an input of #ab kilowatts or less1 including heat pump type units that meet the current and voltage limits under clause 7iii72 7ii7 7,i7 instantaneous type units that heat water but contain not more than #a gallon of water per #d1jjj ,btu per hour of input2 and 7,,ii7 in the case of-- 7aa7 gas instantaneous water heaters1 have an input of #bjj1jjj ,btu per hour or less and are designed and marketed to provide outlet hot water at a thermostatically controlled temperature of less than #ahj degrees ,fahrenheit2 7bb7 oil instantaneous water heaters1 have an input of #baj1jjj ,btu per hour or less2 and 7cc7 electric instantaneous water heaters1 have an input of #ab kilowatts or less2 7iii7 heat pump type units 7including add-on heat pumps1 integrated heat pumps with storage1 split-system heat pumps that consist of a separate heat pump and storage tank that are designed and marketed to operate together1 and all ancillary equipment1 such as fans1 storage tanks1 pumps1 electric resistance heating elements1 or controls necessary for the device to perform its function7 that-- 7,i7 have a maximum current rating of #bd amperes at a voltage not greater than #bej volts2 and 7,,ii7 are designed to transfer thermal energy from #a temperature level to a different temperature level for the purpose of heating water2 7iv7 solar thermal-assisted electric storage units2 and 7v7 solar thermal-assisted fossil fuel storage units4 7,b7 ,exclusions ,unless otherwise determined by the ,secretary under section #cbe7;e77#g77;,b71 the term water heater does not include-- 7i7 electric storage type units described in subparagraph 7,a77i77,,iii7 that-- 7,i7 are designed and marketed exclusively for commercial building applications2 and 7,,ii7 7aa7 are designed1 constructed1 inspected1 tested1 and stamped in accordance with ,section ,,iv1 ,part ,,hlw1 or ,section ,x of the ,boiler and ,pressure ,vessel ,code promulgated by the ,american ,society of ,mechanical ,engineers2 7bb7 exclusively use #c-phase electricity1 are designed and marketed to provide outlet hot water at a thermostatically controlled temperature of #ahj degrees ,fahrenheit or greater1 and operate only at rated voltages of not less than #bjh volts2 or 7cc7 exclusively use single-phase electricity1 are designed and marketed to provide outlet hot water at a thermostatically controlled temperature of #ahj degrees ,fahrenheit or greater1 and operate only at a rated voltage of #bgg volts2 or 7ii7 gas storage type units described in subparagraph 7,a77i77,i7 that-- 7,i7 are designed and marketed exclusively for commercial building applications2 and 7,,ii7 are designed1 constructed1 inspected1 tested1 and stamped in accordance with ,section ,,iv1 ,part ,,hlw1 of the ,boiler and ,pressure ,vessel ,code promulgated by the ,american ,society of ,mechanical ,engineers4 7,c7 ,multi-input electric storage water heater ,the term multi-input electric storage water heater means a product that-- 7i7 is not a heat pump type unit described in subparagraph 7,a77iii72 and 7ii7 is designed1 marketed1 or shipped from the manufacturer with a capability of operating or being configured to operate at inputs greater than1 equal to1 or below #ab kilowatts4 7,d7 ,solar thermal-assisted electric storage unit ,the term solar thermal-assisted electric storage unit means a unit that-- 7i7 has an input of #ab kilowatts or less2 7ii7 has at least #b 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 panels2 7iii7 does not have electric resistance heating elements located in the lower half of the storage tank2 7iv7 has the temperature sensing device that controls the auxiliary electric heat source located in the upper half of the storage tank2 and 7v7 has a ratio of less than #j4gj for the proportion that the certified first hour rating bears to the nominal volume of the storage tank4 4 7b7 ,standards for water heaters ,section #cbe7;e7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7;e77 is amended by adding at the end the following3 7#g7 ,exempted water heaters 7,a7 ,definition of exempted water heater ,in this paragraph1 the term exempted water heater means a water heater described in section #cba7bg77;,b74 7,b7 ,monitoring of shipments 7i7 ,submission of data ,not later than #ij days after the date of enactment of this paragraph1 and not later than ,may #a of each year thereafter1 the ,secretary shall require each manufacturer of water heaters to report to the ,secretary the quantity of exempted water heaters1 in each category of exempted water heaters1 that the manufacturer shipped in the preceding calendar year4 7ii7 ,confidentiality requirements ,the ,secretary shall treat shipment data reported by manufacturers under clause 7i7 as confidential business information subject to appropriate confidential data safeguards4 7iii7 ,publication 7,i7 ,baseline shipment data ,not later than #abj days after the date of enactment of this paragraph1 the ,secretary shall publish an analysis of the data collected under clause 7i7 for public comment1 subject to applicable confidentiality safeguards1 which shall serve as the baseline data for the analysis described in subclause 7,,ii77bb74 7,,ii7 ,percentage growth from baseline ,not later than ,june #a of each year after the year in which the ,secretary publishes data under subclause 7,i71 the ,secretary shall publish-- 7aa7 an analysis of the data collected under clause 7i7 for public comment1 subject to applicable confidentiality safeguards2 7bb7 the percentage growth in the number of shipments within each category of exempted water heater relative to the baseline data described in subclause 7,i72 and 7cc7 the determination of the ,secretary as to whether the number of shipments for any category of exempted water heater have increased by more than #be percent compared to the baseline data for that category4 7,c7 ,inclusion of exempted water heaters 7i7 ,in general ,the ,secretary shall1 by regulation1 revise the definition of water heater under section #cba7bg7 to include an exempted water heater under subparagraph 7,a7 of that section if the ,secretary makes an affirmative determination under subparagraph 7,b77iii77,,ii77cc7 for that category of exempted water heater4 7ii7 ,energy conservation standards ,any category of exempted water heater included in the definition of water heater under clause 7i7 shall be required to meet the energy conservation standards applicable to an electric or gas storage type water heater under this part4 7iii7 ,effective date ,for any category of exempted water heater1 the ,secretary shall carry out clause 7i71 and require compliance under clause 7ii71 not later than #a year after the date on which the ,secretary makes the affirmative determination described in clause 7i7 for that category4 7#h7 ,standards for multi-input electric storage water heaters ,a multi-input electric storage water heater shall be subject to the test procedures1 energy conservation standards1 labeling 7if applicable71 and certification requirements-- 7,a7 for electric storage water heaters under this part2 and 7,b7 for storage water heaters under part ,c4 7#i7 ,technology-neutral electric storage water heater standards ,notwithstanding any other provision of this ,act1 the ,secretary may not create separate product classes for heat pump water heaters and other electric storage water heaters4 4 7c7 ,definition of commercial water heater ,section #cdj of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcaa7 is amended by striking paragraph 7#ab7 and inserting the following3 7#ab7 7,a7 ,storage water heater 7i7 ,in general ,the term storage water heater means a water heater that-- 7,i7 heats and stores water within an appliance at a thermostatically controlled temperature for delivery on demand2 and 7,,ii7 is not a water heater described in section #cba7bg77;,a74 7ii7 ,exclusion ,the term storage water heater does not include a unit with an input rating of #d1jjj ,btu per hour or more per gallon of stored water4 7,b7 ,instantaneous water heater ,the term instantaneous water heater means a water heater that-- 7i7 has an input rating of at least #d1jjj ,btu per hour per gallon of stored water2 and 7ii7 is not a water heater described in section #cba7bg77;,a74 7,c7 ,unfired hot water storage tank ,the term unfired hot water storage tank means a tank used to store water that is heated externally4 4 7d7 ,labeling requirements ,section #cdd of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcae7 is amended by adding at the end the following3 7l7 ,labels for certain commercial water heaters 7#a7 ,in general ,notwithstanding any other provision of this section1 water heaters described in section #cba7bg77;,b7 shall be required to bear a permanent label1 applied at the point of manufacture1 that1 subject to paragraph 7#c71 satisfies the requirements described in paragraph 7#b74 7#b7 ,requirements ,a label required under paragraph 7#a7 shall-- 7,a7 be made of material not adversely affected by water2 7,b7 be attached by means of nonwater-soluble adhesive2 and 7,c7 bear the following notice printed in #af4e point ,arial ,narrow ,bold font3 ,,important ,,information3 ,exclusively intended for commercial installations4 ,this model is not certified by the ,u4,s4 ,department of ,energy as a residential water heater4 ,this model does not have a certified ,first ,hour or ,,uef rating44 7#c7 ,revision upon petition ,on receipt of a petition by an interested party1 the ,secretary may conduct a rulemaking to revise the scope and requirements of the label required under paragraph 7#a74 4 7e7 ,effective date ,this section and the amendments made by this section shall take effect #ahj days after the date of enactment of this ,act4 #ahjg4 ,rebate program for energy efficient electrotechnologies 7a7 ,definitions ,in this section3 7#a7 ,energy efficient electrotechnology ,the term energy efficient electrotechnology means-- 7,a7 any electric technology that1 when used instead of a fossil fuel-fired technology in an industrial process results in-- 7i7 energy efficiency1 or production efficiency1 gains2 or 7ii7 environmental benefits2 or 7,b7 any electric technology that1 when used instead of a fossil fuel-fired technology in an industrial application results in-- 7i7 improvements in on-site logistics or material handling2 and 7ii7 energy efficiency gains and environmental benefits4 7#b7 ,qualified entity ,the term qualified entity means an industrial or manufacturing facility1 commercial building1 or a utility or energy service company4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,establishment ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall establish a program to provide rebates in accordance with this section4 7c7 ,rebates ,the ,secretary may provide a rebate under the program established under subsection 7b7 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 technology4 7d7 ,requirements ,to be eligible to receive a rebate under this section1 the owner or operator of a qualified entity shall submit to the ,secretary an application demonstrating-- 7#a7 that the owner or operator of the qualified entity purchased an energy efficient electrotechnology2 7#b7 the energy efficiency gains1 production efficiency gains1 and environmental benefits1 as applicable1 resulting from use of the energy efficient electrotechnology-- 7,a7 as measured by a qualified professional or verified by the energy efficient electrotechnology manufacturer1 as applicable2 or 7,b7 as determined by the ,secretary2 7#c7 that the fossil fuel-fired technology replaced by the energy efficient electrotechnology has been permanently decommissioned and scrapped2 and 7#d7 that all laborers and mechanics who were involved in the installation or maintenance1 or construction or renovation to support such installation or maintenance1 of the energy efficient electrotechnology1 or the decommissioning and scrapping of the fossil fuel-fired technology replaced by the energy efficient electrotechnology1 and who were employed by the owner or operator of the qualified entity1 or contractors or subcontractors at any tier thereof1 were paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly referred to as the ,davis-,bacon ,act74 7e7 ,limitation ,the ,secretary may not provide a rebate under the program established under subsection 7b7 to an 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 if the ,secretary determines that such expenditures were necessary for the owner or operator to comply with ,federal or ,state law4 7f7 ,authorized amount of rebate ,the amount of a rebate provided under this section shall be not less than #cj percent1 and not more than #ej percent1 of the overall cost of the energy efficient electrotechnology1 including installation costs4 7g7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ajj1jjj1jjj for each of fiscal years #bjba through #bjbe4 #ahjh4 ,removing barriers to efficiency 7a7 ,in general ,section #cbg of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbig7 is amended by adding at the end the following3 7h7 ,suspension of preemption ,this section shall not apply to a covered product during any period that-- 7#a7 begins on the date that is #h years after the date on which the energy conservation standard was established under section #cbe for the covered product2 and 7#b7 ends on the effective date of an energy conservation standard established after the date described in paragraph 7#a7 under section #cbe for the covered product1 that is equivalent to1 or more stringent than1 the standard described in such paragraph4 7i7 ,no preemption absent a ,federal standard 7#a7 ,application ,notwithstanding any other provision of this part1 this section does not apply to any ,state regulation insofar as the ,state regulation applies to any product not subject to an energy conservation standard established under section #cbe4 7#b7 ,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 #cbe for the covered product shall not be preempted until the effective date of an equivalent or more stringent energy conservation standard under section #cbe for the covered product4 4 7b7 ,,ashrae products ,section #cde7;b77#b7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcaf7;b77#b77 is amended by adding at the end the following3 7,e7 ,notwithstanding subparagraph 7,a71 a standard prescribed or established under section #cdb7;a7 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 pursuant to such section during any period that-- 7i7 begins on the date that is #h years after the date on which such standard was prescribed or established2 and 7ii7 ends on the effective date of a standard prescribed or established after the date described in clause 7i7 under section #cdb7;a7 for the product1 that is equivalent to1 or more stringent than1 the standard described in such clause4 4 #ahji4 ,home ,wildfire ,risk ,reduction ,rebate ,program 7a7 ,in general ,the ,secretary of ,energy shall establish a program1 to be known as the ,home ,wildfire ,risk ,reduction ,rebate ,program1 to provide rebates to homeowners to defray the costs of retrofitting an existing home to be wildfire-resistant4 7b7 ,amount of rebate ,in carrying out the ,home ,wildfire ,risk ,reduction ,rebate ,program1 the ,secretary shall provide a homeowner a rebate of up to-- 7#a7 #aj1jjj for the retrofitting of roof features1 including the roof covering1 vents1 soffit and fascia1 and gutters1 to be wildfire-resistant2 7#b7 #bj1jjj for the retrofitting of exterior wall features1 including sheathing and siding1 doors1 and windows1 to be wildfire-resistant2 7#c7 #e1jjj for the retrofitting of a deck1 including the decking1 framing1 and fascia1 to be wildfire-resistant2 and 7#d7 #a1ejj for the retrofitting of near-home landscaping1 including mulch and landscape fabric in a #e-;foot zone immediately around the home and under all attached decks1 to be wildfire-resistant4 7c7 ,inclusion ,for purposes of this section1 the cost of a retrofit shall include all costs associated with the retrofit1 including the purchase and installation of wildfire-resistant products and components4 7d7 ,limitation ,the amount of the rebate under this section shall not exceed #ej percent of the cost of the retrofit4 7e7 ,process 7#a7 ,forms2 rebate processing system ,not later than #ij days after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of the ,treasury1 shall-- 7,a7 develop and make available rebate forms required to receive a rebate under this section2 7,b7 establish a ,federal rebate processing system which shall serve as a database and information technology system that will allow homeowners to submit required rebate forms2 and 7,c7 establish a website that provides information on rebates provided under this section1 including how to determine whether particular measures qualify for a rebate under this section and how to receive such a rebate4 7#b7 ,submission of forms ,in order to receive a rebate under this section1 a homeowner shall submit the required rebate forms1 and any other information the ,secretary determines appropriate1 to the ,federal rebate processing system established under paragraph 7#a74 7f7 ,moderate-income households 7#a7 ,certifications ,the ,secretary shall establish procedures for certifying that the household of a homeowner is moderate-income for purposes of this section4 7#b7 ,limitation for moderate income households ,notwithstanding subsection 7d71 for households of homeowners that are certified pursuant to the procedures established under paragraph 7#a7 as moderate-income1 the amount of the rebate under this section shall not exceed #hj percent of the cost of the retrofit4 7#c7 ,outreach ,the ,secretary shall establish procedures to-- 7,a7 provide information to households of homeowners that are certified pursuant to the procedures established under paragraph 7#a7 as moderate-income regarding other programs and resources relating to assistance for upgrades of homes1 including the weatherization assistance program implemented under part ,a of title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfa et seq472 and 7,b7 refer such households1 as applicable1 to such other programs and resources4 7g7 ,definition ,in this section1 the term wildfire-resistant means meeting or exceeding the specifications of the ,international ,code ,council's #bjah ,international ,wildland-,urban ,interface ,code 7,,iwuic74 7h7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ejj1jjj1jjj for each of fiscal years #bjba through #bjbe4 ,,ii ,renewable ,energy ,a ,energy ,storage #a ,consideration of energy storage systems #baja4 ,consideration of energy storage systems 7a7 ,in general ,section #aaa7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d77 is amended by adding at the end the following3 7#bj7 ,consideration of energy storage systems ,each ,state shall consider requiring that1 as part of a supply side resource planning process1 an electric utility of the ,state demonstrate to the ,state that the electric utility considered an investment in energy storage systems based on appropriate factors1 including-- 7,a7 total costs and normalized life cycle costs2 7,b7 cost effectiveness2 7,c7 improved reliability2 7,d7 security2 and 7,e7 system performance and efficiency4 4 7b7 ,time limitations ,section #aab7;b7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;b77 is amended by adding at the end the following3 7#g7 7,a7 ,not later than #a year after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which the ,state regulatory authority has ratemaking authority7 and each nonregulated electric utility shall commence the consideration referred to in section #aaa1 or set a hearing date for consideration1 with respect to the standard established by paragraph 7#bj7 of section #aaa7;d74 7,b7 ,not later than #b years after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which the ,state regulatory authority has ratemaking authority71 and each nonregulated electric utility1 shall complete the consideration1 and shall make the determination1 referred to in section #aaa with respect to the standard established by paragraph 7#bj7 of section #aaa7;d74 4 7c7 ,failure ,to comply ,section #aab7;c7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;c77 is amended by adding at the end the following3 ,in the case of the standard established by paragraph 7#bj7 of section #aaa7;d71 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 such paragraph 7#bj744 7d7 ,prior state actions ,section #aab of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7 is amended by adding at the end the following3 7g7 ,prior ,state actions ,subsections 7b7 and 7c7 of this section shall not apply to the standard established by paragraph 7#bj7 of section #aaa7;d7 in the case of any electric utility in a ,state if1 before the enactment of this subsection-- 7#a7 the ,state has implemented for such utility the standard concerned 7or a comparable standard72 7#b7 the ,state regulatory authority for such ,state or relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard concerned 7or a comparable standard7 for such utility2 or 7#c7 the ,state legislature has voted on the implementation of such standard 7or a comparable standard7 for such utility4 4 7e7 ,prior and pending proceedings ,section #abd of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfcd7 is amended by adding at the end the following3 ,in the case of the standard established by paragraph 7#bj7 of section #aaa7;d71 the reference contained in this section to the date of the enactment of this ,act shall be deemed to be a reference to the date of enactment of such paragraph 7#bj744 #bajb4 ,coordination of programs ,to the maximum extent practicable1 the ,secretary of ,energy shall ensure that the funding and administration of the different offices within the ,grid ,modernization ,initiative of the ,department of ,energy and other programs conducting energy storage research are coordinated and streamlined4 #b ,energy storage and microgrid projects #baba4 ,definitions 7a7 ,definitions ,in this part3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a rural electric cooperative2 or 7,b7 a nonprofit organization working with at least #f rural electric cooperatives4 7#b7 ,energy storage ,the term energy storage means the use of equipment or facilities relating to the electric grid that are capable of absorbing and converting energy1 as applicable1 storing the energy for a period of time1 and dispatching the energy1 that-- 7,a7 use mechanical1 electrochemical1 biochemical1 or thermal processes1 to convert and store energy that was generated at an earlier time for use at a later time2 7,b7 use mechanical1 electrochemical1 biochemical1 or thermal processes to convert and store energy generated from mechanical processes that would otherwise be wasted for delivery at a later time2 or 7,c7 convert and store energy in an electric1 thermal1 or gaseous state for consumption at a later time in a manner that avoids the need to use electricity or other fuel sources at that later time1 as is offered by grid-enabled water heaters1 building heaters or coolers1 electric vehicles1 mini-pumped hydroelectric facilities1 electrolysis processes that make hydrogen for transportation or industrial needs1 or any other load shaping mechanism that includes energy storage4 7#c7 ,island ,the term island mode means a mode in which a distributed generator or energy storage device continues to power a location in the absence of electric power from the primary source4 7#d7 ,microgrid ,the term microgrid means an interconnected system of loads and distributed energy resources1 including generators and energy storage devices1 within clearly defined electrical boundaries that-- 7,a7 acts as a single controllable entity with respect to the electric grid2 and 7,b7 can connect to1 and disconnect from1 the electric grid to operate in both grid-connected mode and island mode4 7#e7 ,renewable energy source ,the term renewable energy source has the meaning given the term in section #fji7;a7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#g ,u4,s4,c4 #iah;c7a774 7#f7 ,rural electric cooperative ,the term rural electric cooperative means an electric cooperative 7as defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif77 that sells electric energy to persons in rural areas4 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 #babb4 ,energy storage and microgrid assistance program 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a program under which the ,secretary shall-- 7#a7 provide grants to eligible entities under subsection 7c72 7#b7 provide technical assistance to eligible entities under subsection 7d72 and 7#c7 disseminate information to eligible entities on-- 7,a7 the activities described in subsections 7c77#a7 and 7d72 and 7,b7 potential and existing energy storage and microgrid projects4 7b7 ,cooperative agreement ,the ,secretary may enter into a cooperative agreement with an eligible entity to carry out subsection 7a74 7c7 ,grants 7#a7 ,in general ,the ,secretary shall award grants to eligible entities for identifying1 evaluating1 designing1 and demonstrating energy storage and microgrid projects that utilize energy from renewable energy sources4 7#b7 ,application ,to be eligible to receive a grant under paragraph 7#a71 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#c7 ,use of grant ,an eligible entity that receives a grant under paragraph 7#a7-- 7,a7 shall use the grant-- 7i7 to conduct feasibility studies to assess the potential for implementation or improvement of energy storage or microgrid projects2 7ii7 to analyze and implement strategies to overcome barriers to energy storage or microgrid project implementation1 including financial1 contracting1 siting1 and permitting barriers2 7iii7 to conduct detailed engineering of energy storage or microgrid projects2 7iv7 to perform a cost-benefit analysis with respect to an energy storage or microgrid project2 7v7 to plan for both the short- and long-term inclusion of energy storage or microgrid projects into the future development plans of the eligible entity2 or 7vi7 to purchase and install necessary equipment1 materials1 and supplies for demonstration of emerging technologies2 and 7,b7 may use the grant to obtain technical assistance from experts in carrying out the activities described in subparagraph 7,a74 7#d7 ,condition ,as a condition of receiving a grant under paragraph 7#a71 an eligible entity shall-- 7,a7 implement a public awareness campaign1 in coordination with the ,secretary1 about the project implemented under the grant in the community in which the eligible entity is located1 which campaign shall include providing projected environmental benefits achieved under the project1 where to find more information about the program established under this section1 and any other information the ,secretary determines necessary2 7,b7 submit to the ,secretary1 and make available to the public1 a report that describes-- 7i7 any energy cost savings and environmental benefits achieved under the project2 and 7ii7 the results of the project1 including quantitative assessments to the extent practicable1 associated with each activity described in paragraph 7#c77;,a72 and 7,c7 create and disseminate tools and resources that will benefit other rural electric cooperatives1 which may include cost calculators1 guidebooks1 handbooks1 templates1 and training courses4 7#e7 ,cost-share ,activities under this subsection shall be subject to the cost-sharing requirements of section #ihh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceb74 7d7 ,technical assistance 7#a7 ,in general ,in carrying out the program established under subsection 7a71 the ,secretary shall provide eligible entities with technical assistance relating to-- 7,a7 identifying opportunities for energy storage and microgrid projects2 7,b7 understanding the technical and economic characteristics of energy storage or microgrid projects2 7,c7 understanding financing alternatives2 7,d7 permitting and siting issues2 7,e7 obtaining case studies of similar and successful energy storage or microgrid projects2 7,f7 reviewing and obtaining computer software for assessment1 design1 and operation and maintenance of energy storage or microgrid systems2 and 7,g7 understanding and utilizing the reliability and resiliency benefits of energy storage and microgrid projects4 7#b7 ,external contracts ,in carrying out paragraph 7#a71 the ,secretary may enter into contracts with third-party experts1 including engineering1 finance1 and insurance experts1 to provide technical assistance to eligible entities relating to the activities described in such paragraph1 or other relevant activities1 as determined by the ,secretary4 #babc4 ,authorization of appropriations 7a7 ,in general ,there is authorized to be appropriated to carry out this part #e1jjj1jjj for each of fiscal years #bjba through #bjbe4 7b7 ,administrative costs ,not more than #e percent of the amount appropriated under subsection 7a7 for each fiscal year shall be used for administrative expenses4 ,b ,dam ,safety #bbja4 ,hydroelectric production incentives and efficiency improvements 7a7 ,hydroelectric production incentives ,section #bdb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehha7 is amended-- 7#a7 in subsection 7b71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,qualified hydroelectric facility ,the term qualified hydroelectric facility means a turbine or other generating device owned or solely operated by a non-,federal entity-- 7,a7 that generates hydroelectric energy for sale2 and 7,b7 7i7 that is added to an existing dam or conduit2 or 7ii7 7,i7 that has a generating capacity of not more than #aj megawatts2 7,,ii7 for which the non-,federal entity has received a construction authorization from the ,federal ,energy ,regulatory ,commission1 if applicable2 and 7,,iii7 that is constructed in a region in which there is inadequate electric service1 as determined by the ,secretary4 2 7#b7 in subsection 7c71 by striking #aj and inserting #bb2 7#c7 in subsection 7e77#b71 by striking section #bi7;d77#b77;,b7 and inserting section #de,k7d77#b77;,b72 7#d7 in subsection 7f71 by striking #bj and inserting #cb2 and 7#e7 in subsection 7g71 by striking each of the fiscal years #bjjf through #bjae and inserting each of fiscal years #bjai through #bjcf4 7b7 ,hydroelectric efficiency improvement ,section #bdc7;c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehhb7;c77 is amended by striking each of the fiscal years #bjjf through #bjae and inserting each of fiscal years #bjai through #bjcf4 #bbjb4 ,,ferc briefing on ,edenville ,dam and ,sanford ,dam failures ,not later than #ij days after the date on which the ,forensic ,investigation ,team submits to the ,federal ,energy ,regulatory ,commission the reports on the root causes1 and any other contributing causes1 of the ,edenville ,dam and ,sanford ,dam failures1 the ,federal ,energy ,regulatory ,commission shall conduct a briefing for1 and submit a report summarizing such briefing to1 the ,committee on ,energy and ,commerce of the ,house of ,representatives that includes-- 7#a7 an explanation of the findings of the ,forensic ,investigation ,team reports on the root causes1 and any other contributing causes1 of the ,edenville ,dam and ,sanford ,dam failures2 7#b7 a determination of whether the dam safety procedures of the ,federal ,energy ,regulatory ,commission should be revised in light of the lessons learned from such reports2 7#c7 a determination of whether additional safety inspections of dams should be required after large storms2 7#d7 a determination of whether the safety requirements and testing protocols for dams adequately account for the projected effects of climate change and atmospheric rivers on dams2 and 7#e7 a determination of whether additional actions should be taken to ensure the safety of dams that operate without an emergency spillway4 #bbjc4 ,dam safety conditions ,section #aj of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjc7 is amended by adding at the end the following3 7k7 ,that the dam and other project works meet the ,commission's dam safety requirements and that the licensee shall continue to manage1 operate1 and maintain the dam and other project works in a manner that ensures dam safety and public safety under the operating conditions of the license4 4 #bbjd4 ,dam safety requirements ,section #ae of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjh7 is amended by adding at the end the following3 7g7 ,the ,commission may issue a new license under this section only if the ,commission determines that the dam and other project works covered by the license meet the ,commission's dam safety requirements and that the licensee can continue to manage1 operate1 and maintain the dam and other project works in a manner that ensures dam safety and public safety under the operating conditions of the new license4 4 #bbje4 ,viability procedures ,the ,federal ,energy ,regulatory ,commission shall establish procedures to assess the financial viability of an applicant for a license under the ,federal ,power ,act to meet applicable dam safety requirements and to operate the dam and project works under the license4 #bbjf4 ,,ferc dam safety technical conference with ,states 7a7 ,technical conference ,not later than ,april #a1 #bjba1 the ,federal ,energy ,regulatory ,commission1 acting through the ,office of ,energy ,projects1 shall hold a technical conference with the ,states to discuss and provide information on-- 7#a7 dam maintenance and repair2 7#b7 ,risk ,informed ,decision ,making 7,,ridm72 7#c7 climate and hydrological regional changes that may affect the structural integrity of dams2 and 7#d7 high hazard dams4 7b7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #a1jjj1jjj for fiscal year #bjba4 7c7 ,state defined ,in this section1 the term ,state has the meaning given such term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 #bbjg4 ,required dam safety communications between ,,ferc and ,states 7a7 ,in general ,the ,commission1 acting through the ,office of ,energy ,projects1 shall notify a ,state within which a project is located when-- 7#a7 the ,commission issues a finding1 following a dam safety inspection1 that requires the licensee for such project to take actions to repair the dam and other project works that are the subject of such finding2 7#b7 after a period of #e years starting on the date a finding under paragraph 7#a7 is issued1 the licensee has failed to take actions to repair the dam and other project works1 as required by such finding2 and 7#c7 the ,commission initiates a non-compliance proceeding or otherwise takes steps to revoke a license issued under section #d of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7 due to the failure of a licensee to take actions to repair a dam and other project works4 7b7 ,notice upon revocation1 surrender1 or implied surrender of a license ,if the ,commission issues an order to revoke a license or approve the surrender or implied surrender of a license under the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq471 the ,commission shall provide to the ,state within which the project that relates to such license is located-- 7#a7 all records pertaining to the structure and operation of the applicable dam and other project works1 including1 as applicable1 any dam safety inspection reports by independent consultants1 specifications for required repairs or maintenance of such dam and other project works that have not been completed1 and estimates of the costs for such repairs or maintenance2 7#b7 all records documenting the history of maintenance or repair work for the applicable dam and other project works2 7#c7 information on the age of the dam and other project works and the hazard classification of the dam and other project works2 7#d7 the most recent assessment of the condition of the dam and other project works by the ,commission2 7#e7 as applicable1 the most recent hydrologic information used to determine the potential maximum flood for the dam and other project works2 and 7#f7 the results of the most recent risk assessment completed on the dam and other project works4 7c7 ,definition ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,licensee ,the term licensee has the meaning given such term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7#c7 ,project ,the term project has the meaning given such term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 #bbjh4 ,klamath ,hydroelectric ,settlement ,agreement ,tribal fairness 7a7 ,definitions ,in this section3 7#a7 ,facility ,the term facility means #a or more of the following hydropower facilities 7including appurtenant works licensed to ,pacifi,corp7 within the jurisdictional boundary of the ,klamath ,hydroelectric ,project1 ,,ferc ,project ,no4 #bjhb 7as applicable73 7,a7 ,iron ,gate ,dam4 7,b7 ,copco ,no4 #a ,dam4 7,c7 ,copco ,no4 #b ,dam4 7,d7 ,j4,c4 ,boyle ,dam4 7#b7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#c7 ,harmed ,indian ,tribes ,the term harmed ,indian ,tribes means-- 7,a7 the ,klamath ,tribes2 and 7,b7 such other ,indian ,tribes that are located downstream of the ,klamath ,hydroelectric ,project4 7#d7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#e7 ,licensee ,the term licensee means the owner and licensee of the facility 7as of the date of enactment of this ,act74 7b7 ,in general ,in light of the specific facts and circumstances of the ,klamath ,hydroelectric ,settlement ,agreement that anticipated dam removal to commence in #bjbj1 and to mitigate the historic and ongoing damages caused by the facility to aquatic and ,tribal trust resources1 the ,commission shall not issue any annual license for the facility under section #ae7;a77#a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjh7;a77#a77 unless the ,commission has provided harmed ,indian ,tribes and the ,states of ,california and ,oregon the opportunity to recommend terms and conditions under section #d7;e71 section #aj1 and section #ah of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;e71 #hjc1 and #haa71 including any conditions providing for fishways or fish recovery4 7c7 ,studies ,upon approval of an annual license pursuant to subsection 7b71 the ,commission shall require the licensee to provide to the ,commission the following3 7#a7 ,a study describing the impacts of the facility during the previous year on instream flows1 water use1 water temperature1 and water quality4 7#b7 ,a study describing the impacts of the facility during the previous year on fish and wildlife resources1 including river fisheries1 reservoir fisheries1 anadromous fish1 and any marine species listed as a threatened species or endangered species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 including ,southern ,resident killer whales 7,orcinus orca74 7#c7 ,a study describing the impacts of the facility during the previous year on sediment transport4 7#d7 ,a study forecasting the impacts of climate change to power generation at the facility4 7#e7 ,a certification from the ,california ,department of ,water ,resources1 ,division of ,safety of ,dams1 following one or more comprehensive studies of the stability and safety of the facility that are funded by the licensee1 that each element of the facility meets all current ,federal and ,state seismic1 stability1 and safety standards and that there will be no significant risk of dam failure during the term of the license4 7#f7 ,a report1 to be made publicly available by the ,commission1 on the financial status of the facility1 including-- 7,a7 an analysis comparing the cost of power generated at the facility to revenue attributable to the facility during the preceding year2 7,b7 a projection of the cost of power generated at the facility and the revenue attributable to the facility during the #e-year period beginning on the date of the license2 7,c7 an explanation of whether the financial terms of the ,klamath ,hydroelectric ,settlement ,agreement1 as amended1 have been met2 and 7,d7 a detailed description of the annual costs associated with the facility that are passed through to the ratepayers of the licensee4 7d7 ,exception ,the requirements of this section shall not apply to any entity filing a surrender application as specified in the ,commission's order relating to the facility dated ,july #af1 #bjbj 7#agb ,,ferc #fa1jfb74 7e7 ,legal claims ,nothing in this section shall be construed to adversely affect any legal claims of harmed ,indian ,tribes1 including claims for violations of any ,executive ,order pertaining to one or more ,indian ,tribes1 any treaty between the ,united ,states and one or more ,indian ,tribes1 or for damages caused by the facility under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 or the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #acfa et seq474 ,such claims shall not be limited by any statute of limitations4 ,c ,distributed ,renewable ,energy #bcja4 ,definitions ,in this subtitle3 7#a7 ,authority having jurisdiction ,the term authority having jurisdiction means any ,state1 county1 local1 or ,tribal office or official with jurisdiction-- 7,a7 to issue permits2 7,b7 to conduct inspections to enforce the requirements of a relevant code or standard2 or 7,c7 to approve the installation of1 or the equipment and materials used in the installation of1 qualifying distributed energy systems4 7#b7 ,distributed energy system installer ,the term distributed energy system installer means an entity or individual-- 7,a7 with knowledge and skills relating to-- 7i7 the construction and operation of the equipment used in qualifying distributed energy systems2 and 7ii7 the installation of qualifying distributed energy systems2 and 7,b7 that has employed safety training to recognize and avoid the hazards involved in constructing1 operating1 and installing qualifying distributed energy systems4 7#c7 ,qualifying distributed energy system ,the term qualifying distributed energy system means any equipment or materials installed in1 on1 or near a residential1 commercial1 or industrial building to support onsite or local energy use1 including-- 7,a7 to generate electricity from distributed renewable energy sources1 including from-- 7i7 solar photovoltaic modules or similar solar energy technologies2 7ii7 wind power systems2 and 7iii7 hydrogen electrolysis and fuel cell systems2 7,b7 to store and discharge electricity from batteries with a capacity of at least #b kilowatt hours2 7,c7 to charge a plug-in electric drive vehicle at a power rate of at least #b kilowatts2 7,d7 to refuel a fuel cell electric vehicle2 or 7,e7 to generate electricity from fuel cell systems with a capacity of at least #b kilowatt hours4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 #bcjb4 ,establishment of program to facilitate voluntary streamlined process for local permitting of qualifying distributed energy systems 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in consultation with trade associations and other entities representing distributed energy system installers and organizations representing ,state1 local1 and ,tribal governments engaged in permitting1 shall establish and carry out a program to establish a voluntary streamlined permitting process for local permitting and inspection of qualifying distributed energy systems1 in concert with relevant national consensus-based codes and specifications and standards referenced therein4 7b7 ,activities of the program ,in carrying out the program established under subsection 7a71 the ,secretary shall-- 7#a7 facilitate the development and maintenance of a streamlined permitting process that includes a national online permitting platform for expediting1 standardizing1 and streamlining permitting1 that authorities having jurisdiction may use to receive1 review1 and approve permit applications relating to qualifying distributed energy systems2 7#b7 establish a model expedited permit-to-build protocol for qualifying distributed energy systems2 7#c7 provide technical assistance to authorities having jurisdiction on using and adopting-- 7,a7 the streamlined permitting process described in paragraph 7#a72 and 7,b7 the model expedited permit-to-build protocol described in paragraph 7#b72 7#d7 develop and maintain a voluntary national inspection protocol integrated with the national online permitting system described in paragraphs 7#a7 and 7#b7 and related tools to expedite1 standardize1 and streamline the inspection of qualifying distributed energy systems1 including-- 7,a7 by investigating the potential for using remote inspections2 and 7,b7 by investigating the potential for sample-based inspection for distributed energy system installers with a demonstrated track record of high-quality work2 and 7#e7 take any other action to expedite1 standardize1 streamline1 or improve the process for permitting1 inspecting1 or interconnecting qualifying distributed energy systems4 7c7 ,support services ,the ,secretary shall-- 7#a7 provide technical assistance to authorities having jurisdiction1 any administrator of a national online permitting platform1 government software providers1 and any other entity determined appropriate by the ,secretary in carrying out the activities described in subsection 7b72 and 7#b7 provide such financial assistance as the ,secretary determines appropriate from any funds appropriated to carry out this subtitle4 #bcjc4 ,distributed energy opportunity communities 7a7 ,in general ,the ,secretary shall recognize and certify certain communities as ,distributed ,energy ,opportunity ,communities4 7b7 ,qualifications ,the ,secretary may certify a ,state1 local community1 or ,tribe as a ,distributed ,energy ,opportunity ,community if that ,state1 local community1 or ,tribe has adopted and implemented the model expedited permit-to-build protocol established under the program established under section #bcjb4 7c7 ,process ,the ,secretary may confer a certification under subsection 7a7 through existing programs of the ,department of ,energy4 7d7 ,grants ,the ,secretary may award competitive grants1 using funds appropriated to the ,secretary to carry out this subtitle1 to encourage communities to adopt the model expedited permit-to-build protocol and the standardized inspection process established under the program established under section #bcjb4 #bcjd4 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subtitle #bj1jjj1jjj for each of fiscal years #bjba through #bjbe4 ,d ,low-,income solar #bdja4 ,grant program for solar installations located in1 or that serve1 low-income and underserved areas 7a7 ,definitions ,in this section3 7#a7 ,beneficiary ,the term beneficiary means a low-income household or a low-income household in an underserved area4 7#b7 ,community solar facility ,the term community solar facility means a solar generating facility that-- 7,a7 through a voluntary program1 has multiple subscribers that receive financial benefits that are directly attributable to the facility2 7,b7 has a nameplate rating of #e megawatts ,,ac or less2 and 7,c7 is located in the utility distribution service territory of subscribers4 7#c7 ,community solar subscription ,the term community solar subscription means a share in the capacity1 or a proportional interest in the electricity generation1 of a community solar facility4 7#d7 ,covered facility ,the term covered facility means-- 7,a7 a community solar facility-- 7i7 that is located in an underserved area2 or 7ii7 at least #ej percent of the capacity of which is reserved for low-income households2 7,b7 a solar generating facility located at a residence of a low-income household2 or 7,c7 a solar generating facility located at a multi-family affordable housing complex4 7#e7 ,covered ,state ,the term covered ,state means a ,state with processes in place to ensure that covered facilities deliver financial benefits to low-income households4 7#f7 ,eligible entity ,the term eligible entity means-- 7,a7 a nonprofit organization that provides services to low-income households or multi-family affordable housing complexes2 7,b7 a developer1 owner1 or operator of a community solar facility that reserves a portion of the capacity of the facility for subscribers who are members of low-income households or for low-income households that otherwise financially benefit from the facility2 7,c7 a covered ,state1 or political subdivision thereof2 7,d7 an ,indian ,tribe or a tribally owned electric utility2 7,e7 a ,native ,hawaiian community-based organization2 7,f7 any other national or regional entity that has experience developing or installing solar generating facilities for low-income households that maximize financial benefits to those households2 and 7,g7 an electric cooperative or municipal electric utility 7as such terms are defined in section #c of the ,federal ,power ,act74 7#g7 ,eligible installation project ,the term eligible installation project means a project to install a covered facility in a covered ,state4 7#h7 ,eligible planning project ,the term eligible planning project means a project to carry out pre-installation activities for the development of a covered facility in a covered ,state4 7#i7 ,eligible project ,the term eligible project means-- 7,a7 an eligible planning project2 or 7,b7 an eligible installation project4 7#aj7 ,feasibility study ,the term feasibility study means any activity to determine the feasibility of a specific solar generating facility1 including a customer interest assessment and a siting assessment1 as determined by the ,secretary4 7#aa7 ,indian ,tribe ,the term ,indian ,tribe means any ,indian ,tribe1 band1 nation1 or other organized group or community1 including any ,alaska ,native village1 ,regional ,corporation1 or ,village ,corporation 7as defined in1 or established pursuant to1 the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq4771 that is recognized as eligible for the special programs and services provided by the ,united ,states to ,indians because of their status as ,indians4 7#ab7 ,interconnection service ,the term interconnection service has the meaning given such term in section #aaa7;d77#ae7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d77#ae774 7#ac7 ,low-income household ,the term low-income household means that income in relation to family size which-- 7,a7 is at or below #bjj percent of the poverty level determined in accordance with criteria established by the ,director of the ,office of ,management and ,budget1 except that the ,secretary may establish a higher level if the ,secretary determines that such a higher level is necessary to carry out the purposes of this section2 7,b7 is the basis on which cash assistance payments have been paid during the preceding #ab-month period under titles ,,iv and ,,xvi of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq41 #acha et seq47 or applicable ,state or local law2 or 7,c7 if a ,state elects1 is the basis for eligibility for assistance under the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfba et seq471 provided that such basis is at least #bjj percent of the poverty level determined in accordance with criteria established by the ,director of the ,office of ,management and ,budget4 7#ad7 ,multi-family affordable housing complex ,the term multi-family affordable housing complex means any federally subsidized affordable housing complex in which at least #ej percent of the units are reserved for low-income households4 7#ae7 ,native ,hawaiian community-based organization ,the term ,native ,hawaiian community-based organization means any organization that is composed primarily of ,native ,hawaiians from a specific community and that assists in the social1 cultural1 and educational development of ,native ,hawaiians in that community4 7#af7 ,program ,the term program means the program established under subsection 7b74 7#ag7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#ah7 ,solar generating facility ,the term solar generating facility means-- 7,a7 a generator that creates electricity from light photons2 and 7,b7 the accompanying hardware enabling that electricity to flow-- 7i7 onto the electric grid2 7ii7 into a facility or structure2 or 7iii7 into an energy storage device4 7#ai7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 ,guam1 the ,commonwealth of ,puerto ,rico1 the ,northern ,mariana ,islands1 the ,virgin ,islands1 and ,american ,samoa4 7#bj7 ,subscriber ,the term subscriber means a person who-- 7,a7 owns a community solar subscription1 or an equivalent unit or share of the capacity or generation of a community solar facility2 or 7,b7 financially benefits from a community solar facility1 even if the person does not own a community solar subscription for the facility4 7#ba7 ,underserved area ,the term underserved area means-- 7,a7 a geographical area with low or no photovoltaic solar deployment1 as determined by the ,secretary2 7,b7 a geographical area that has low or no access to electricity1 as determined by the ,secretary2 7,c7 a geographical area with an average annual residential retail electricity price that exceeds the national average annual residential retail electricity price 7as reported by the ,energy ,information ,agency7 by #ej percent or more2 or 7,d7 trust land1 as defined in section #cgfe of title #ch1 ,united ,states ,code4 7b7 ,establishment ,the ,secretary shall establish a program to provide financial assistance to eligible entities to-- 7#a7 carry out planning projects that are necessary to establish the feasibility1 obtain required permits1 identify beneficiaries1 or secure subscribers to install a covered facility2 or 7#b7 install a covered facility for beneficiaries in accordance with this section4 7c7 ,applications 7#a7 ,in general ,to be eligible to receive assistance under the program1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,inclusion for installation assistance 7,a7 ,requirements ,for an eligible entity to receive assistance for a project to install a covered facility1 the ,secretary shall require the eligible entity to include-- 7i7 information in the application that is sufficient to demonstrate that the eligible entity has obtained1 or has the capacity to obtain1 necessary permits1 subscribers1 access to an installation site1 and any other items or agreements necessary to comply with an agreement under subsection 7g77#a7 and to complete the installation of the applicable covered facility2 7ii7 a description of the mechanism through which financial benefits will be distributed to beneficiaries or subscribers2 and 7iii7 an estimate of the anticipated financial benefit for beneficiaries or subscribers4 7,b7 ,consideration of planning projects ,the ,secretary shall consider the successful completion of an eligible planning project pursuant to subsection 7b77#a7 by the eligible entity to be sufficient to demonstrate the ability of the eligible entity to meet the requirements of subparagraph 7,a77i74 7d7 ,selection 7#a7 ,in general ,in selecting eligible projects to receive assistance under the program1 the ,secretary shall-- 7,a7 prioritize-- 7i7 eligible installation projects that will result in the most financial benefit for subscribers1 as determined by the ,secretary2 7ii7 eligible installation projects that will result in development of covered facilities in underserved areas2 and 7iii7 eligible projects that include apprenticeship1 job training1 or community participation as part of their application2 and 7,b7 ensure that such assistance is provided in a manner that results in eligible projects being carried out on a geographically diverse basis within and among covered ,states4 7#b7 ,determination of financial benefit ,in determining the amount of financial benefit for low-income households of an eligible installation project1 the ,secretary shall ensure that all calculations for estimated household energy savings are based solely on electricity offsets from the applicable covered facility and use formulas established by the ,state or local government with jurisdiction over the applicable covered facility for verifiable household energy savings estimates that accrue to low-income households4 7e7 ,assistance 7#a7 ,form ,the ,secretary may provide assistance under the program in the form of a grant 7which may be in the form of a rebate7 or a low-interest loan4 7#b7 ,multiple projects for same facility 7,a7 ,in general ,an eligible entity may apply for assistance under the program for an eligible planning project and an eligible installation project for the same covered facility4 7,b7 ,separate selections ,selection by the ,secretary for assistance under the program of an eligible planning project does not require the ,secretary to select for assistance under the program an eligible installation project for the same covered facility4 7f7 ,use of assistance 7#a7 ,eligible planning projects ,an eligible entity receiving assistance for an eligible planning project under the program may use such assistance to pay the costs of pre-installation activities associated with an applicable covered facility1 including-- 7,a7 feasibility studies2 7,b7 permitting2 7,c7 site assessment2 7,d7 on-site job training1 or other community-based activities directly associated with the eligible planning project2 or 7,e7 such other costs determined by the ,secretary to be appropriate4 7#b7 ,eligible installation projects ,an eligible entity receiving assistance for an eligible installation project under the program may use such assistance to pay the costs of-- 7,a7 installation of a covered facility1 including costs associated with materials1 permitting1 labor1 or site preparation2 7,b7 storage technology sited at a covered facility2 7,c7 interconnection service expenses2 7,d7 on-site job training1 or other community-based activities directly associated with the eligible installation project2 7,e7 offsetting the cost of a subscription for a covered facility described in subparagraph 7,a7 of subsection 7a77#d7 for subscribers that are members of a low income household2 or 7,f7 such other costs determined by the ,secretary to be appropriate4 7g7 ,administration 7#a7 ,agreements 7,a7 ,in general ,as a condition of receiving assistance under the program1 an eligible entity shall enter into an agreement with the ,secretary4 7,b7 ,requirements ,an agreement entered into under this paragraph-- 7i7 shall require the eligible entity to maintain such records and adopt such administrative practices as the ,secretary may require to ensure compliance with the requirements of this section and the agreement2 7ii7 with respect to an eligible installation project shall require that any solar generating facility installed using assistance provided pursuant to the agreement comply with local building and safety codes and standards2 and 7iii7 shall contain such other terms as the ,secretary may require to ensure compliance with the requirements of this section4 7,c7 ,term ,an agreement under this paragraph shall be for a term that begins on the date on which the agreement is entered into and ends on the date that is #b years after the date on which the eligible entity receives assistance pursuant to the agreement1 which term may be extended once for a period of not more than #a year if the eligible entity demonstrates to the satisfaction of the ,secretary that such an extension is necessary to complete the activities required by the agreement4 7#b7 ,use of funds ,of the funds made available to provide assistance to eligible installation projects under this section over the period of fiscal years #bjba through #bjbe1 the ,secretary shall use-- 7,a7 not less than #ej percent to provide assistance for eligible installation projects with respect to which low-income households make up at least #ej percent of the subscribers to the project2 and 7,b7 not more than #ej percent to provide assistance for eligible installation projects with respect to which low-income households make up at least #be percent of the subscribers to the project4 7#c7 ,regulations ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall publish in the ,federal ,register regulations to carry out this section1 which shall take effect on the date of publication4 7h7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to the ,secretary to carry out this section #bej1jjj1jjj for each of fiscal years #bjba through #bjbe1 to remain available until expended4 7#b7 ,amounts for planning projects ,of the amounts appropriated pursuant to this section over the period of fiscal years #bjba through #bjbe1 the ,secretary shall use not more than #ae percent of funds to provide assistance to eligible planning projects4 7i7 ,relationship to other assistance ,the ,secretary shall1 to the extent practicable1 encourage eligible entities that receive assistance under this section to leverage such funds by seeking additional funding through federally or locally subsidized weatherization and energy efficiency programs4 #bdjb4 ,establishment of community solar programs 7a7 ,in general ,section #aaa7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d77 is amended by adding at the end the following3 7#ba7 ,community solar programs ,each electric utility shall offer a community solar program that provides all ratepayers1 including low-income ratepayers1 equitable and demonstrable access to such community solar program4 ,for the purposes of this paragraph1 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 utility4 ,a community solar facility is-- 7,a7 a solar photovoltaic system that allocates electricity to multiple electric consumers of an electric utility2 7,b7 connected to a local distribution of the electric utility2 7,c7 located either on or off the property of the electric consumers2 and 7,d7 may be owned by an electric utility1 an electric consumer1 or a third party4 4 7b7 ,compliance 7#a7 ,time limitations ,section #aab7;b7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;b77 is amended by adding at the end the following3 7#h7 7,a7 ,not later than #a year after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which the ,state has ratemaking authority7 and each nonregulated electric utility shall commence consideration under section #aaa1 or set a hearing date for consideration1 with respect to the standard established by paragraph 7#ba7 of section #aaa7;d74 7,b7 ,not later than #b years after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which the ,state has ratemaking authority71 and each nonregulated electric utility shall complete the consideration and make the determination under section #aaa with respect to the standard established by paragraph 7#ba7 of section #aaa7;d74 4 7#b7 ,failure to comply 7,a7 ,in general ,section #aab7;c7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;c77 is amended-- 7i7 by striking such paragraph 7#ad7 and all that follows through paragraphs 7#af7 and inserting such paragraph 7#ad74 ,in the case of the standard established by paragraph 7#ae7 of section #aaa7;d71 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 7#ae74 ,in the case of the standards established by paragraphs 7#af72 and 7ii7 by adding at the end the following3 ,in the case of the standard established by paragraph 7#ba7 of section #aaa7;d71 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 7#ba744 7,b7 ,technical correction 7i7 ,in general ,section #abed7;b7 of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #iga7 is amended-- 7,i7 by striking paragraph 7#b72 and 7,,ii7 by redesignating paragraph 7#c7 as paragraph 7#b74 7ii7 ,treatment ,the amendment made by paragraph 7#b7 of section #abed7;b7 of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #iga7 7as in effect on the day before the date of enactment of this ,act7 is void1 and section #aab7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;d77 shall be in effect as if those amendments had not been enacted4 7#c7 ,prior ,state actions 7,a7 ,in general ,section #aab of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7 is amended by adding at the end the following3 7h7 ,prior ,state actions ,subsections 7b7 and 7c7 shall not apply to the standard established by paragraph 7#ba7 of section #aaa7;d7 in the case of any electric utility in a ,state if1 before the date of enactment of this subsection-- 7#a7 the ,state has implemented for the electric utility the standard 7or a comparable standard72 7#b7 the ,state regulatory authority for the ,state or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard 7or a comparable standard7 for the electric utility2 or 7#c7 the ,state legislature has voted on the implementation of the standard 7or a comparable standard7 for the electric utility4 4 7,b7 ,cross-reference ,section #abd of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfcd7 is amended by adding at the end the following3 ,in the case of the standard established by paragraph 7#ba7 of section #aaa7;d71 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 7#ba744 ,e ,research and ,development #a ,solar ,energy ,research and ,development #beja4 ,definitions ,in this part3 7#a7 ,the term eligible entity means any of the following entities3 7,a7 ,an institution of higher education4 7,b7 ,a ,national ,laboratory4 7,c7 ,a ,federal research agency4 7,d7 ,a ,state research agency4 7,e7 ,a nonprofit research organization4 7,f7 ,an industrial entity or a multi-institutional consortium thereof4 7#b7 ,the term institution of higher education-- 7,a7 has the meaning given such term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja72 and 7,b7 includes a minority-serving institution4 7#c7 ,the term minority-serving institution has the meaning given the term eligible institution in section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a774 7#d7 ,the term ,national ,laboratory has the meaning given such term in section #b7c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja7c774 7#e7 ,the term photovoltaic device includes photovoltaic cells and the electronic and electrical components of such devices4 7#f7 ,the term ,secretary means the ,secretary of ,energy4 #bejb4 ,solar energy research and development 7a7 ,in general ,the ,secretary shall carry out a solar energy program to conduct research1 development1 demonstration1 and commercial application of solar energy technologies4 ,in carrying out such program1 the ,secretary shall1 in accordance with subsection 7b71 award grants and enter into contracts and cooperative agreements under this section1 and sections #bejc1 #bejd1 and #beje for each of the following purposes3 7#a7 ,to improve the energy efficiency1 siting1 reliability1 resilience1 security1 capacity1 and environmental performance of solar energy generation4 7#b7 ,to optimize the design and adaptability of solar energy systems to the broadest practical range of geographic and atmospheric conditions4 7#c7 ,to reduce the cost of manufacturing1 installation1 operation1 maintenance1 and decommissioning of solar energy systems4 7#d7 ,to create and improve conversion of solar energy to useful forms4 7b7 ,grants1 contracts1 and cooperative agreements 7#a7 ,grants ,in carrying out the program established under subsection 7a71 the ,secretary shall award grants on a competitive1 merit-reviewed basis to eligible entities for projects that the ,secretary determines would best achieve the goals of the program4 7#b7 ,contracts and cooperative agreements ,in carrying out the program established under subsection 7a71 the ,secretary may enter into contracts and cooperative agreements with eligible entities and ,federal agencies for projects that the ,secretary determines would further the purposes of the program4 7#c7 ,application ,an entity seeking a grant or a contract or agreement under this part shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#d7 ,special consideration ,with respect to applications under paragraph 7#c71 the ,secretary shall give special consideration to applications from minority-serving institutions or a multi-institutional consortium which includes a minority-serving institution4 7c7 ,solar energy research subject areas ,the program established under subsection 7a7 shall focus on the research1 development1 demonstration1 and commercial application of each of the following subject areas3 7#a7 ,photovoltaic devices and related electronic components1 including converters1 sensors1 energy monitors1 communication and control equipment1 and protocols4 7#b7 ,concentrated solar power1 including solar thermal and concentrating solar photovoltaic technologies4 7#c7 ,low cost1 high-quality solar energy systems4 7#d7 ,low cost1 thin-film solar technologies1 including the use of perovskite and cadmium telluride materials in solar cells4 7#e7 ,solar heating and cooling systems1 including distributed solar-powered air conditioning4 7#f7 ,solar technology products that can be easily integrated into new buildings1 existing buildings1 agricultural and aquatic environments1 and other infrastructure4 7#g7 ,solar technology that is resilient to extreme weather events4 7#h7 ,solar technology products integrated into transportation applications in coordination with vehicle technologies research and development activities supported by the ,department of ,energy4 7#i7 ,storage technologies to address the transience and intermittency of solar energy resources1 including batteries1 supercapacitors1 and thermal storage4 7#aj7 ,microgrids using solar technology4 7#aa7 ,solar technologies enabling safe grid operating conditions1 such as fast-disconnect during an emergency4 7#ab7 ,distributed solar energy technologies1 such as rooftop solar panels4 7#ac7 ,technologies and designs that enable a broad range of scales for solar power production4 7#ad7 ,advanced solar manufacturing technologies and best practices1 including-- 7,a7 materials and processes2 7,b7 development of industry standards2 7,c7 design and integration practices2 and 7,d7 optimized packaging methods and new device designs4 7#ae7 ,advanced analytic and computing capabilities for better modeling and simulations of solar energy systems4 7#af7 ,electrical grid integration1 including-- 7,a7 integration of solar technologies into smart grid1 transmission1 and distribution2 7,b7 coordination of solar with other distributed and large-scale energy resources2 7,c7 electrical power smoothing2 7,d7 microgrid integration2 7,e7 community solar2 7,f7 solar resource forecasting2 7,g7 regional and national electric system balancing and long distance transmission options1 including direct current and superconducting transmission and long-term storage options2 7,h7 ways to address system operations over minutes1 hours1 days1 weeks1 and seasons with respect to the full range of project scales2 and 7,i7 electric grid security1 including cyber and physical security4 7#ag7 ,non-hardware and information-based advances in solar energy system siting1 design1 installation1 operation1 maintenance1 and decommissioning4 7#ah7 ,solar energy technology as a part of strategies commonly referred to as behind-the-meter strategies1 including with respect to electricity generation1 load1 energy efficiency1 controls1 storage1 and electric vehicles4 7#ai7 ,methods to reduce the total volume of water used in the manufacture1 construction1 operation1 and maintenance of solar energy technologies4 7#bj7 ,siting of solar energy on previously disturbed lands1 including landfills1 former mines1 and other areas requiring environmental management4 7#ba7 ,durable1 low-cost solar-powered sensors1 equipment1 and machinery for off-grid use1 with special consideration for agricultural applications1 such as solar powered smart agricultural monitoring and irrigation systems4 7#bb7 ,other subject areas determined by the ,secretary4 7d7 ,technical assistance and workforce development ,in carrying out the program established under subsection 7a71 the ,secretary shall also conduct1 for purposes of supporting technical1 non-hardware1 and information-based advances in solar energy systems development and operations1 including activities expanding access to solar energy for low-income and disadvantaged individuals and communities-- 7#a7 technical assistance and analysis activities with eligible entities2 and 7#b7 workforce development and training activities1 including-- 7,a7 activities that support the dissemination of standards and best practices for enabling solar power production2 and 7,b7 through the use of proven techniques to expand the number of individuals from underrepresented groups pursuing and attaining skills relevant to solar energy4 7e7 ,program targets ,the program established under subsection 7a7 shall address near-term 7up to #b years71 mid-term 7up to #g years71 and long-term 7up to #ae years7 challenges to the advancement of solar energy systems4 7f7 ,sustainable chemistry ,each entity receiving a grant1 contract1 or cooperative agreement under this section shall endeavor1 in carrying out activities under such grant1 contract1 or cooperative agreement1 to incorporate1 where appropriate1 sustainable and green chemistry and engineering principles1 practices1 and methodologies4 7g7 ,wildlife impact mitigation ,in carrying out the program established under subsection 7a71 the ,secretary shall support wildlife impact mitigation technologies and strategies1 including the use of distributed solar technologies1 to avoid1 minimize1 and offset the potential negative impacts of solar energy systems on wildlife1 including bird species1 habitat1 and local flora and fauna4 7h7 ,stewardship of ,national ,laboratory resources ,in awarding grants and entering into contracts and cooperative agreements under this part1 the ,secretary shall steward relevant capabilities and programs of the ,national ,laboratories4 7i7 ,conforming repeals ,the following provisions of law are hereby repealed3 7#a7 ,the ,solar ,energy ,research1 ,development1 and ,demonstration ,act of #aigd 7#db ,u4,s4,c4 #eeea et seq471 except for section #aj4 7#b7 ,the ,solar ,photovoltaic ,energy ,research1 ,development1 and ,demonstration ,act of #aigh 7#db ,u4,s4,c4 #eeha et seq474 7#c7 ,paragraphs 7#b7 and 7#c7 of section #d7;a7 of the ,renewable ,energy and ,energy ,efficiency ,technology ,competitiveness ,act of #aihi 7#db ,u4,s4,c4 #abjjc7;a774 7#d7 ,subparagraph 7,a7 of section #ica7;a77#b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbca7;a77#b774 7#e7 ,sections #fjf and #fjg of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agagd and #agage74 7j7 ,conforming amendment ,the table of contents in section #a of the ,energy ,independence and ,security ,act of #bjjg is amended by striking the items relating to sections #fjf and #fjg4 #bejc4 ,solar energy demonstration projects 7a7 ,in ,general ,in carrying out the program established under section #bejb7;a71 the ,secretary shall award grants on a competitive1 merit-reviewed basis to eligible entities for demonstration projects to advance the development of solar energy technologies and systems production4 7b7 ,priority ,in awarding grants under subsection 7a71 the ,secretary shall give priority to projects that-- 7#a7 are located in geographically diverse regions of the ,united ,states2 7#b7 can be replicated in a variety of regions and climates2 7#c7 demonstrate technologies that address intermittency1 variability1 storage challenges1 behind-the-meter operations1 and independent operational capability2 7#d7 coordinate solar technologies with other distributed and large-scale energy resources2 7#e7 facilitate identification of optimum approaches among competing solar energy technologies2 7#f7 include business commercialization plans that have the potential for production of solar energy equipment at high volumes2 7#g7 support the development of advanced manufacturing technologies that have the potential to improve ,united ,states competitiveness in the international solar energy manufacturing sector2 7#h7 provide the greatest potential to reduce energy costs1 as well as promote accessibility and community implementation of demonstrated technologies1 for consumers2 7#i7 increase disclosure and transparency of information to all market participants to help in making optimal decisions2 7#aj7 promote overall electric infrastructure reliability1 security1 and resilience should grid functions be disrupted or damaged2 7#aa7 promote solar energy in low-income communities and those disproportionately burdened by environmental pollution2 and 7#ab7 satisfy any other criteria that the ,secretary determines appropriate4 7c7 ,use of funds ,grants under this section may be used1 to the extent that funding is not otherwise available through other ,federal programs or power purchase agreements1 for-- 7#a7 any necessary site engineering study2 7#b7 an economic assessment of site-specific conditions2 7#c7 appropriate feasibility studies to determine whether the demonstration can be replicated2 7#d7 installation of equipment1 service1 and support2 7#e7 operation for at least the minimum amount of time required to fully assess the project's results and objectives1 as determined by a peer-reviewed process2 and 7#f7 validation of technical1 economic1 and environmental assumptions and documentation of lessons learned4 7d7 ,solicitation ,not later than #ij days after the date of enactment of this ,act and biennially thereafter1 the ,secretary shall conduct a national solicitation for applications for grants under this section4 #bejd4 ,next generation solar energy manufacturing initiative 7a7 ,in ,general ,in carrying out the program established under section #bejb7;a71 the ,secretary shall conduct research1 development1 demonstration1 and commercial application projects1 in accordance with section #bejb7;b71 to advance new solar energy manufacturing technologies and techniques1 including those that manufacture solar cells1 hardware1 and enabling devices4 7b7 ,strategic vision report 7#a7 ,in general ,not later than ,september #a1 #bjba1 the ,secretary shall submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives1 the ,committee on ,energy and ,natural ,resources of the ,senate1 and any other committees of ,congress deemed appropriate by the ,secretary a report on the results of a study that examines the viable market opportunities available for solar energy technology manufacturing in the ,united ,states1 including solar cells1 hardware1 and enabling technologies4 7#b7 ,report requirements ,the report under paragraph 7#a7 shall include-- 7,a7 a description of-- 7i7 the ability to competitively manufacture solar technology in the ,united ,states1 including the manufacture of-- 7,i7 new and advanced materials1 such as cells made with new1 cost-effective1 high efficiency materials2 7,,ii7 solar module equipment and enabling technologies1 including smart inverters1 sensors1 and tracking equipment2 7,,iii7 innovative solar module designs and applications1 including those that can directly integrate with new and existing buildings and other infrastructure2 and 7,,iv7 other research areas as determined by the ,secretary2 and 7ii7 opportunities and barriers within the ,united ,states and international solar energy technology supply chains2 7,b7 policy recommendations for enhancing solar energy technology manufacturing in the ,united ,states2 and 7,c7 an aggressive #aj-year target and plan1 beginning in #bjbb1 to enhance the competitiveness of solar energy technology manufacturing in the ,united ,states4 7c7 ,program implementation ,in carrying out the research1 development1 demonstration1 and commercial application activities under this section1 to the extent practicable1 the ,secretary shall follow the recommendations included in the report under subsection 7b7 and award grants and enter into contracts and cooperative agreements for solar energy manufacturing projects that-- 7#a7 reduce capital expenditures or provide lower-cost manufacturing options2 7#b7 eliminate manufacturing process steps2 7#c7 reduce energy1 water1 and material inputs2 7#d7 establish alternative supply chains for materials and components2 and 7#e7 take advantage of rapid prototyping1 small batch manufacturing1 and roll-to-roll processing4 7d7 ,program evaluation ,beginning not later than #c years after the completion of the report under subsection 7b71 and every #d years thereafter1 the ,secretary shall provide1 and make available to the public and the relevant authorizing and appropriations committees of ,congress1 an independent review of the program authorized under this section to evaluate its progress toward meeting the policy recommendations and targets determined in the report4 #beje4 ,photovoltaic device recycling research and development 7a7 ,in general ,in carrying out the program established under section #bejb7;a71 the ,secretary shall conduct research1 development1 demonstration1 and commercial application projects1 in accordance with section #bejb7;b71 to advance innovative and practical approaches to increase reuse and recycling of photovoltaic devices4 7b7 ,purpose ,the ,secretary shall award grants and enter into contracts and cooperative agreements under subsection 7a7 for projects that address-- 7#a7 technology to increase the efficiency of photovoltaic device recycling and maximize the recovery of valuable raw materials for use in new products while minimizing the life-cycle environmental impacts such as greenhouse gas emissions and water usage2 7#b7 expanded uses for materials from recycled photovoltaic devices2 7#c7 development and demonstration of environmentally responsible alternatives to the use of hazardous materials in photovoltaic devices and the production of such devices2 7#d7 development of methods to separate and remove hazardous materials from photovoltaic devices and to recycle or dispose of those materials in a safe and low-cost manner2 7#e7 product design and construction to facilitate disassembly and recycling of photovoltaic devices2 7#f7 tools and methods to aid in assessing the environmental impacts of the production of photovoltaic devices and photovoltaic device recycling and disposal2 7#g7 product design and construction and other tools and techniques to extend the life cycle of photovoltaic devices1 including methods to promote their safe reuse2 and 7#h7 strategies to increase consumer acceptance and practice of recycling of photovoltaic devices4 7c7 ,applications ,an eligible entity seeking a grant1 contract1 or cooperative agreement under this section shall submit to the ,secretary an application that includes a description of-- 7#a7 the project that will be undertaken and the contributions of each participating entity2 and 7#b7 the applicability of the project to increasing reuse and recycling of photovoltaic devices with the least environmental impacts as measured by life-cycle analyses1 and the potential for incorporating the research results into industry practice4 7d7 ,dissemination of results ,the ,secretary shall publish the results of projects supported under this section through-- 7#a7 development of best practices or training materials for use in the photovoltaics manufacturing1 design1 installation1 refurbishing1 disposal1 or recycling industries2 7#b7 dissemination at industry conferences2 7#c7 coordination with information dissemination programs relating to recycling of electronic devices in general2 7#d7 demonstration projects2 and 7#e7 educational materials for the public produced in conjunction with ,state1 ,tribal1 and local governments or nonprofit organizations on the problems and solutions related to reuse and recycling of photovoltaic devices4 7e7 ,photovoltaic materials physical property database 7#a7 ,in general ,not later than ,september #a1 #bjbb1 the ,secretary shall establish a comprehensive physical property database of materials for use in photovoltaic devices4 ,such database shall include-- 7,a7 identification of materials used in photovoltaic devices2 7,b7 a list of commercially available amounts of these materials and their country of origin2 7,c7 amounts of these materials projected to be available through mining or recycling of photovoltaic and other electronic devices2 and 7,d7 a list of other significant uses for each of these materials4 7#b7 ,priorities ,not later than ,september #a1 #bjba1 the ,secretary1 working with private industry1 shall develop a plan to establish priorities and requirements for the database under this subsection1 including the protection of proprietary information1 trade secrets1 and other confidential business information4 7#c7 ,coordination ,the ,secretary shall coordinate with the ,director of the ,national ,institute of ,standards and ,technology1 the ,administrator of the ,environmental ,protection ,agency1 and the ,administrator of the ,department of ,interior to facilitate the incorporation of the database under this subsection with any existing database for materials involved in electronic manufacturing and recycling4 #bejf4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this part-- 7#a7 #dda1jjj1jjj for fiscal year #bjba2 7#b7 #dfc1jej1jjj for fiscal year #bjbb2 7#c7 #dhf1bjb1ejj for fiscal year #bjbc2 7#d7 #eaj1eab1fbe for fiscal year #bjbd2 and 7#e7 #ecf1jch1beg for fiscal year #bjbe4 #b ,wind ,energy ,research and ,development #beba4 ,definitions ,in this section3 7#a7 ,the term eligible entity means any of the following entities3 7,a7 ,an institution of higher education4 7,b7 ,a ,national ,laboratory4 7,c7 ,a ,federal research agency4 7,d7 ,a ,state research agency4 7,e7 ,a nonprofit research organization4 7,f7 ,an industrial entity or a multi-institutional consortium thereof4 7#b7 ,the term energy critical material means any of a class of non-fuel materials that have a high risk of a supply disruption and are critical to one or more existing or new1 energy-related technologies such that a substantial supply disruption of such material would significantly inhibit large-scale deployment of technologies that produce1 transmit1 store1 or conserve energy4 7#c7 ,the term institution of higher education has the meaning given such term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#d7 ,the term ,national ,laboratory has the meaning given such term in section #b7c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja7c774 7#e7 ,the term supersized turbine means a #ab megawatt or greater wind turbine1 typically with a tower height greater than #adj meters and blades greater than #ge meters4 #bebb4 ,wind energy research and development 7a7 ,in general ,the ,secretary of ,energy 7in this part1 referred to as the ,secretary7 shall carry out a program to conduct research1 development1 demonstration1 and commercial application of wind energy technologies4 ,in carrying out such program and in accordance with subsection 7b71 the ,secretary shall award grants and enter into contracts and cooperative agreements under this section and sections #bebc1 #bebd1 and #bebe for each of the following purposes3 7#a7 ,to improve the energy efficiency1 reliability1 resilience1 security1 and capacity of wind energy generation4 7#b7 ,to optimize the design and control of wind energy systems for the broadest practical range of geographic and atmospheric conditions4 7#c7 ,to reduce the cost and risk of siting1 permitting1 construction1 operation1 maintenance1 and decommissioning of wind energy systems1 including strategies and technologies to reduce environmental and community impacts1 including research and development that reduces impacts on existing ocean uses and increases coordination between offshore wind and existing users1 including the commercial fishing industry1 improve grid integration1 and reduce regulatory barriers4 7#d7 ,to improve materials1 engineering1 and manufacturing processes for turbines1 including supersized turbines4 7#e7 ,to optimize wind plant performance and integration within hybrid energy systems to enhance cost efficiency and electric grid stability and resilience4 7b7 ,grants1 contracts1 and cooperative agreements 7#a7 ,grants ,in carrying out the program1 the ,secretary shall award grants on a competitive1 merit-reviewed basis to eligible entities for projects that the ,secretary determines would best achieve the goals of the program4 7#b7 ,contracts and cooperative agreements ,in carrying out the program1 the ,secretary may enter into contracts and cooperative agreements with eligible entities and ,federal agencies for projects that the ,secretary determines would further the purposes of the program4 7#c7 ,application ,an entity seeking funding or a contract or agreement under this subsection shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,wind energy research subject areas ,the program established under subsection 7a7 shall focus on the research1 development1 demonstration1 and commercial application of each of the following subject areas3 7#a7 ,wind power plant siting1 performance1 and operations including-- 7,a7 wind flows and turbine-to-turbine interactions2 7,b7 energy conversion potential2 7,c7 turbine and wind plant control paradigms2 7,d7 turbine and wind plant security2 7,e7 turbine components2 7,f7 integrated hybrid plant systems2 7,g7 wind energy siting and its effects on wildlife and habitat2 and 7,h7 siting of wind energy on previously disturbed lands1 including landfills1 former mines1 and other areas requiring environmental management4 7#b7 ,new materials and designs related to blades1 rotors1 towers and drivetrains including-- 7,a7 higher tip speed rotor designs2 7,b7 low noise rotor designs2 7,c7 advanced drivetrain and generator concepts2 7,d7 modular construction and onsite or near-site manufacturing and assembly techniques2 7,e7 sustainable and recyclable materials and manufacturing systems2 7,f7 supersized turbine design and installation approaches2 7,g7 lightweight materials2 and 7,h7 materials and designs that reduce the need for and use of energy critical materials4 7#c7 ,offshore wind-specific projects including-- 7,a7 fixed and floating substructure concepts1 including technologies and strategies to minimize potential acoustic disturbances to marine species2 7,b7 projects to assess and mitigate the impacts of hurricane wind flow1 freshwater ice1 and other ,united ,states-specific conditions2 7,c7 innovative operations and maintenance strategies2 7,d7 analysis of offshore meteorological1 geological1 biological1 and oceanographic data collection2 7,e7 offshore infrastructure monitoring2 and 7,f7 analysis of corrosion and fatigue for the purpose of extending the design life of offshore wind turbine substructures4 7#d7 ,recycling and reuse of wind energy components1 with special consideration for the recovery and reuse of energy critical materials1 in coordination with the program under title ,x of the ,clean ,economy ,jobs and ,innovation ,act4 7#e7 ,wind power forecasting and atmospheric measurement systems1 including for turbines and plant systems of varying height4 7#f7 ,distributed wind-specific projects1 including-- 7,a7 cost-effective turbine designs1 components1 and manufacturing2 and 7,b7 microgrid applications4 7#g7 ,advanced transportation mechanisms for wind turbine components4 7#h7 ,transformational technologies for harnessing wind energy1 including airborne wind energy concepts4 7#i7 ,methods to extend the operational lifetime of onshore and offshore wind turbines and systems4 7#aj7 ,storage technologies to address the transience and intermittency of wind energy resources4 7#aa7 ,modeling and simulation tools to more efficiently design1 site1 permit1 manufacture1 construct1 operate1 maintain1 and decommission wind energy systems4 7#ab7 ,other research areas as determined by the ,secretary4 7d7 ,report 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report on the potential for1 and technical viability of1 airborne wind energy systems to provide a significant source of energy in the ,united ,states4 7#b7 ,contents ,the report under paragraph 7#a7 shall include a summary of research1 development1 demonstration1 and commercial application needs1 including an estimate of ,federal funding requirements1 to further examine and validate the technical and economic viability of airborne wind energy concepts over the #aj-year period beginning on the date of the enactment of this ,act4 7e7 ,coordination ,to the maximum extent practicable1 the ,secretary shall coordinate activities under the program established under subsection 7a7 with other relevant programs and capabilities of the ,department of ,energy and other ,federal research programs4 7f7 ,conforming repeals 7#a7 ,section #ica7;a77#b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbca7;a77#b77 is amended by striking subparagraph 7,b7 and redesignating subparagraphs 7,c7 through 7,e7 as subparagraphs 7,a7 through 7,c74 7#b7 ,section #d7;a7 of the ,renewable ,energy and ,energy ,efficiency ,technology ,competitiveness ,act of #aihi 7#db ,u4,s4,c4 #abjjc7;a77 is amended by striking paragraph 7#a74 #bebc4 ,wind energy demonstration and validation projects 7a7 ,in general ,in carrying out the program established under section #bebb7;a71 the ,secretary shall award grants on a competitive1 merit-reviewed basis to eligible entities to support activities that demonstrate and validate new wind energy technologies with the potential to be cost-competitive for land-based1 offshore1 and distributed applications4 7b7 ,application ,an eligible entity seeking a grant under this section shall submit an application in such form and manner as the ,secretary may prescribe and that contains-- 7#a7 a certification that any demonstration or validation project carried out using grant funds are-- 7,a7 conducted in collaboration with industry and1 as appropriate1 with institutions of higher education and other ,federal research programs2 and 7,b7 of sufficient size and geographic diversity to measure wind energy system performance under the full productive range of wind conditions in the ,united ,states2 and 7#b7 such other information as the ,secretary may require4 7c7 ,facility for hybrid energy system research and demonstration projects ,in carrying out the program established under subsection 7a71 the ,secretary shall support a facility to conduct research1 development1 demonstration1 and commercial application projects for wind turbines and plants in hybrid energy systems that incorporate diverse generation sources1 loads1 and storage technologies4 7d7 ,offshore research facility ,in carrying out the program established under subsection 7a71 the ,secretary shall establish a facility to conduct research1 development1 demonstration1 and commercial application projects for ocean and atmospheric resource characterization relevant to offshore wind energy development in coordination with the ocean and atmospheric science communities4 ,the facility shall be an offshore area used to evaluate1 test1 and advance atmospheric1 oceanic1 biologic1 and geologic monitoring technologies that improve offshore wind energy development1 including the generation of benchmark data sets for testing offshore wind energy technologies and informing how such technologies can be financed1 insured1 and regulated4 7e7 ,offshore support structure testing facility ,in carrying out the program established under subsection 7a71 the ,secretary shall create a facility to conduct research1 development1 demonstration1 and commercial application projects for large-scale and full-scale offshore wind energy support structure components and systems4 #bebd4 ,wind energy incubator funding ,in carrying out the program established under section #bebb7;a71 the ,secretary shall support1 in accordance with section #bebb7;b71 incubators advancing innovative technologies that are not represented in a significant way in-- 7#a7 the portfolio of wind energy research activities carried out by the ,department of ,energy as of the date of the enactment of this ,act2 or 7#b7 technology roadmaps used by the ,department of ,energy as of such date of enactment4 #bebe4 ,mitigating regulatory and market barriers 7a7 ,in general ,in carrying out the program established under section #bebb7;a71 the ,secretary shall research1 develop1 test1 and evaluate1 in accordance with section #bebb7;b71 ways to reduce regulatory and market barriers to the widespread adoption of wind power1 including-- 7#a7 grid transmission and integration challenges2 and 7#b7 siting and permitting issues associated with the potential impacts of wind power systems on wildlife1 radar systems 7including for air traffic control1 air defense1 and weather detection71 local communities1 military operations1 and airspace4 7b7 ,wildlife impact mitigation ,in carrying out the activities described in subsection 7a71 the ,secretary shall support the research1 development1 demonstration1 and commercial application of wildlife impact mitigation technologies or strategies to avoid1 minimize1 and offset the potential impacts of wind energy facilities on-- 7#a7 bald and golden eagles2 7#b7 bat species2 7#c7 marine wildlife2 and 7#d7 other sensitive species and habitats4 7c7 ,education and outreach ,in carrying out the activities described in subsection 7a71 the ,secretary shall support education and outreach activities1 with a focus on low-income and disadvantaged communities1 to disseminate information and promote public understanding of wind technologies and the wind energy workforce1 including through the ,collegiate ,wind ,competition4 7d7 ,technical ,assistance and ,workforce ,development ,in carrying out the program established under section #bebb7;a71 the ,secretary shall also conduct1 for purposes of supporting technical1 non-hardware1 and information based advances in wind energy systems' development and operation1 including activities expanding access to wind energy for low-income individuals and disadvantaged individuals and communities-- 7#a7 technical assistance and analysis activities with eligible entities2 and 7#b7 workforce development and training activities1 including-- 7,a7 activities that support the dissemination of standards and best practices for enabling wind power production2 and 7,b7 through the use of proven techniques to expand the number of individuals from underrepresented groups pursuing and attaining skills relevant to wind energy4 #bebf4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this part-- 7#a7 #afc1hjj1jjj for fiscal year #bjba2 7#b7 #aga1iij1jjj for fiscal year #bjbb2 7#c7 #ahj1ehi1ejj for fiscal year #bjbc2 7#d7 #ahi1fah1ige for fiscal year #bjbd2 and 7#e7 #aii1jii1ibc for fiscal year #bjbe4 #c ,advanced ,geothermal ,research and ,development #beda4 ,definitions ,section #fab of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaia7 is amended-- 7#a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,engineered ,when referring to enhanced geothermal systems1 the term engineered means designed to access subsurface heat1 including stimulation and nonstimulation technologies to address one or more of the following issues3 7,a7 ,lack of effective permeability1 porosity or open fracture connectivity within the heat reservoir4 7,b7 ,insufficient contained geofluid in the heat reservoir4 7,c7 ,a low average geothermal gradient which necessitates deeper drilling1 or the use of alternative heat sources or heat generation processes4 2 7#b7 by redesignating paragraphs 7#b7 through 7#g7 as paragraphs 7#c7 through 7#h71 respectively2 7#c7 by adding after paragraph 7#a7 the following3 7#b7 ,eligible entity ,the term #8eligible entity' means any of the following entities3 7,a7 ,an institution of higher education4 7,b7 ,a ,national laboratory4 7,c7 ,a ,federal research agency4 7,d7 ,a ,state research agency4 7,e7 ,a nonprofit research organization4 7,f7 ,an industrial entity4 7,g7 ,a consortium of #b or more entities described in subparagraphs 7,a7 through 7,f74 2 and 7#d7 by adding at the end the following3 7#i7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c #ajja74 4 #bedb4 ,hydrothermal research and development ,section #fac of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaib7 is amended to read as follows3 #fac4 ,hydrothermal research and development 7a7 ,in general ,the ,secretary shall carry out a program of research1 development1 demonstration1 and commercial application for geothermal energy production from hydrothermal systems4 7b7 ,programs ,the program authorized in subsection 7a7 shall include the following3 7#a7 ,advanced hydrothermal resource tools ,the research and development of advanced geologic tools to assist in locating hydrothermal resources1 and to increase the reliability of site characterization1 including the development of new imaging and sensing technologies and techniques to assist in prioritization of targets for characterization2 7#b7 ,exploratory drilling for geothermal resources ,the demonstration of advanced technologies and techniques of siting and exploratory drilling for undiscovered resources in a variety of geologic settings1 carried out in collaboration with industry partners that will assist in the acquisition of high quality data sets relevant for hydrothermal subsurface characterization activities4 4 #bedc4 ,general geothermal systems research and development ,section #fad of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaic7 is amended to read as follows3 #fad4 ,general geothermal systems research and development 7a7 ,subsurface components and systems ,the ,secretary shall support a program of research1 development1 demonstration1 and commercial application of components and systems capable of withstanding geothermal environments and necessary to develop1 produce1 and monitor geothermal reservoirs and produce geothermal energy4 7b7 ,environmental impacts ,the ,secretary shall-- 7#a7 support a program of research1 development1 demonstration1 and commercial application of technologies and practices designed to mitigate or preclude potential adverse environmental impacts of geothermal energy development1 production or use2 and 7#b7 support a research program to identify potential environmental impacts1 including induced seismicity1 and environmental benefits of geothermal energy development1 production1 and use1 and ensure that the program described in paragraph 7#a7 addresses such impacts1 including water use and effects on groundwater and local hydrology2 7#c7 support a program of research to compare the potential environmental impacts and environmental benefits identified as part of the development1 production1 and use of geothermal energy with the potential emission reductions of greenhouse gases gained by geothermal energy development1 production1 and use2 and 7#d7 in carrying out this section1 the ,secretary shall1 to the maximum extent practicable1 consult with relevant federal agencies1 including the ,environmental ,protection ,agency4 7c7 ,reservoir thermal energy storage ,the ,secretary shall support a program of research1 development1 and demonstration of reservoir thermal energy storage1 emphasizing cost-effective improvements through deep direct use engineering1 design1 and systems research4 7d7 ,oil and gas technology transfer initiative 7#a7 ,in general ,the ,secretary shall support an initiative among the ,office of ,fossil ,energy1 the ,office of ,energy ,efficiency and ,renewable ,energy1 and the private sector to research1 develop1 and demonstrate relevant advanced technologies and operation techniques used in the oil and gas sector for use in geothermal energy development4 7#b7 ,priorities ,in carrying out paragraph 7#a71 the ,secretary shall prioritize technologies with the greatest potential to significantly increase the use and lower the cost of geothermal energy in the ,united ,states1 including the cost and speed of geothermal drilling surface technologies1 and well construction4 7e7 ,coproduction of geothermal energy and minerals production research and development initiative 7#a7 ,in general ,the ,secretary shall carry out a research and development initiative under which the ,secretary shall award grants to demonstrate the coproduction of critical minerals from geothermal resources4 7#b7 ,requirements ,an award made under paragraph 7#a7 shall-- 7,a7 improve the cost effectiveness of removing minerals from geothermal brines as part of the coproduction process2 7,b7 increase recovery rates of the targeted mineral commodity2 7,c7 decrease water use and other environmental impacts1 as determined by the ,secretary2 and 7,d7 demonstrate a path to commercial viability4 7f7 ,flexible operations ,the ,secretary shall support a research initiative on flexible operation of geothermal power plants4 7g7 ,hybrid energy systems ,the ,secretary shall identify opportunities for joint research1 development1 and demonstration programs between geothermal systems and other energy generation or storage systems4 4 #bedd4 ,enhanced geothermal systems research and development ,section #fae of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaid7 is amended to read as follows3 #fae4 ,enhanced geothermal systems research and development 7a7 ,in general ,the ,secretary shall support a program of research1 development1 demonstration1 and commercial application for enhanced geothermal systems1 including the programs described in subsection 7b74 7b7 ,enhanced geothermal systems technologies ,in collaboration with industry partners1 institutions of higher education1 and the national laboratories1 the ,secretary shall support a program of research1 development1 demonstration1 and commercial application of the technologies to achieve higher efficiency and lower cost enhanced geothermal systems1 including-- 7#a7 reservoir stimulation2 7#b7 drilled1 non-stimulated 7e4g4 closed-loop7 reservoir technologies2 7#c7 reservoir characterization1 monitoring1 and modeling and understanding of the surface area and volume of fractures2 7#d7 stress and fracture mapping including real time monitoring and modeling2 7#e7 tracer development2 7#f7 three and four-dimensional seismic imaging and tomography2 7#g7 well placement and orientation2 7#h7 long-term reservoir management2 7#i7 drilling technologies1 methods1 and tools2 7#aj7 improved exploration tools2 7#aa7 zonal isolation2 and 7#ab7 understanding induced seismicity risks from reservoir engineering and stimulation4 7c7 ,frontier observatory for research in geothermal energy ,the ,secretary shall support the establishment and construction of up to #c field research sites1 which shall each be known as a ,frontier ,observatory for ,research in ,geothermal ,energy or ,,forge site to develop1 test1 and enhance techniques and tools for enhanced geothermal energy4 7#a7 ,duties ,the ,secretary shall-- 7,a7 award grants in support of research and development projects focused on advanced monitoring technologies1 new technologies and approaches for implementing multi-zone stimulations1 nonstimulation techniques1 and dynamic reservoir modeling that incorporates all available high-fidelity characterization data2 and 7,b7 seek opportunities to coordinate efforts and share information with domestic and international partners engaged in research and development of geothermal systems and related technology1 including coordination between ,,forge sites4 7#b7 ,site selection ,of the ,,forge sites referred to in paragraph 7#a71 the ,secretary shall-- 7,a7 consider applications through a competitive1 merit-reviewed process1 from ,national ,laboratories1 multi-institutional collaborations1 institutes of higher education and other appropriate entities best suited to provide national leadership on geothermal related issues and perform the duties enumerated under this subsection2 and 7,b7 prioritize existing field sites and facilities with capabilities relevant to the duties enumerated under this subsection4 7#c7 ,existing forge sites ,a ,,forge site already in existence on the date of enactment of this ,act may continue to receive support4 7#d7 ,funding ,out of funds authorized to be appropriated under section #fbc1 there shall be made available to the ,secretary to carry out the ,,forge activities under this paragraph-- 7,a7 #de1jjj1jjj for fiscal year #bjba2 7,b7 #ee1jjj1jjj for fiscal year #bjbb2 7,c7 #fe1jjj1jjj for fiscal year #bjbc2 7,d7 #gj1jjj1jjj for fiscal year #bjbd2 and 7,e7 #gj1jjj1jjj for fiscal year #bjbe4 ,in carrying out this section1 the ,secretary shall consider the balance between funds dedicated to construction and operations and research activities to reflect the state of site development4 7d7 ,enhanced geothermal systems demonstrations 7#a7 ,in general ,beginning on the date of enactment of this section1 the ,secretary1 in collaboration with industry partners1 institutions of higher education1 and the national laboratories1 shall support an initiative for demonstration of enhanced geothermal systems for power production or direct use4 7#b7 ,projects 7,a7 ,in general ,under the initiative described in paragraph 7#a71 demonstration projects shall be carried out in locations that are commercially viable for enhanced geothermal systems development1 while also considering environmental impacts to the maximum extent practicable1 as determined by the ,secretary4 7,b7 ,requirements ,demonstration projects under subparagraph 7,a7 shall-- 7i7 collectively demonstrate-- 7,i7 different geologic settings1 such as hot sedimentary aquifers1 layered geologic systems1 supercritical systems1 and basement rock systems2 and 7,,ii7 a variety of development techniques1 including open hole and cased hole completions1 differing well orientations1 and stimulation and nonstimulation mechanisms2 and 7ii7 to the extent practicable1 use existing sites where subsurface characterization or geothermal energy integration analysis has been conducted4 7,c7 ,eastern demonstration ,not fewer than #a of the demonstration projects carried out under subparagraph 7,a7 shall be located an area east of the ,mississippi that is suitable for enhanced geothermal demonstration for power1 heat1 or a combination of power and heat4 4 #bede4 ,geothermal heat pumps and direct use 7a7 ,in general ,title ,,vi of the ,energy ,independence and ,security ,act of #bjjg is amended by inserting after section #faf 7#db ,u4,s4,c4 #agaie7 the following3 #faf;,a4 ,geothermal heat pumps and direct use research and development 7a7 ,purposes ,the purposes of this section are-- 7#a7 to improve the understanding of related earth sciences1 components1 processes1 and systems used for geothermal heat pumps and the direct use of geothermal energy2 and 7#b7 to increase the energy efficiency1 lower the cost1 increase the use1 and improve and demonstrate the effectiveness of geothermal heat pumps and the direct use of geothermal energy4 7b7 ,definitions ,in this section3 7#a7 ,direct use of geothermal energy ,the term direct use of geothermal energy means geothermal systems that use water directly or through a heat exchanger to provide-- 7,a7 heating and cooling to buildings1 commercial districts1 residential communities1 and large municipal1 or industrial projects2 or 7,b7 heat required for industrial processes1 agriculture1 aquaculture1 and other facilities4 7#b7 ,economically distressed area ,the term economically distressed area means an area described in section #cja7;a7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cafa7;a774 7#c7 ,geothermal heat pump ,the term geothermal heat pump means a system that provides heating and cooling by exchanging heat from shallow geology1 groundwater1 or surface water using-- 7,a7 a closed loop system1 which transfers heat by way of buried or immersed pipes that contain a mix of water and working fluid2 or 7,b7 an open loop system1 which circulates ground or surface water directly into the building and returns the water to the same aquifer or surface water source4 7c7 ,program 7#a7 ,in general ,the ,secretary shall support within the ,geothermal ,technologies ,office a program of research1 development1 and demonstration for geothermal heat pumps and the direct use of geothermal energy4 7#b7 ,areas ,the program under paragraph 7#a7 may include research1 development1 demonstration1 and commercial application of-- 7,a7 geothermal ground loop efficiency improvements1 cost reductions1 and improved installation and operations methods2 7,b7 the use of geothermal energy for building-scale energy storage2 7,c7 the use of geothermal energy as a grid management resource or seasonal energy storage2 7,d7 geothermal heat pump efficiency improvements2 7,e7 the use of alternative fluids as a heat exchange medium1 such as hot water found in mines and mine shafts1 graywater1 or other fluids that may improve the economics of geothermal heat pumps2 7,f7 heating of districts1 neighborhoods1 communities1 large commercial or public buildings1 and industrial and manufacturing facilities2 7,g7 the use of low temperature groundwater for direct use2 and 7,h7 system integration of direct use with geothermal electricity production4 7#c7 ,environmental impacts ,in carrying out the program1 the ,secretary shall identify and mitigate potential environmental impacts in accordance with section #fad7;c74 7d7 ,grants 7#a7 ,in general ,the ,secretary shall carry out the program established in subsection 7c7 by making grants available to ,state1 local1 and ,tribal governments1 institutions of higher education1 nonprofit entities1 ,national ,laboratories1 utilities1 and for-profit companies4 7#b7 ,priority ,in making grants under this subsection1 the ,secretary may give priority to proposals that apply to large buildings1 commercial districts1 and residential communities that are located in economically distressed areas and areas that the ,secretary determines to have high economic potential for geothermal district heating based on the report1 ,geovision3 ,harnessing the ,heat ,beneath our ,feet published by the ,department in #bjai1 or a successor report4 4 7b7 ,conforming amendment ,section #a7;b7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjja note7 is amended in the table of contents by inserting after the item relating to section #faf the following3 #faf;,a4 ,geothermal heat pumps and direct use research and development4 4 #bedf4 ,cost sharing and proposal evaluation ,section #fag7;b7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaif7 is amended by striking paragraph 7#b7 and redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#b7 and 7#c71 respectively4 #bedg4 ,advanced geothermal computing and data science research and development 7a7 ,in general ,section #fah of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaig7 is amended to read as follows3 #fah4 ,advanced geothermal computing and data science research and development 7a7 ,in general ,the ,secretary shall carry out a program of research and development of advanced computing and data science tools for geothermal energy4 7b7 ,programs ,the program authorized in subsection 7a7 shall include the following3 7#a7 ,advanced computing for geothermal systems technologies ,research1 development1 and demonstration of technologies to develop advanced data1 machine learning1 artificial intelligence1 and related computing tools to assist in locating geothermal resources1 to increase the reliability of site characterization1 to increase the rate and efficiency of drilling1 to improve induced seismicity mitigation1 and to support enhanced geothermal systems technologies4 7#b7 ,geothermal systems reservoir modeling ,research1 development1 and demonstration of models of geothermal reservoir performance and enhanced geothermal systems reservoir stimulation technologies and techniques1 with an emphasis on accurately modeling fluid and heat flow1 permeability evolution1 geomechanics1 geochemistry1 seismicity1 and operational performance over time1 including collaboration with industry and field validation4 7c7 ,coordination ,in carrying out these programs1 the ,secretary shall ensure coordination and consultation with the ,department of ,energy's ,office of ,science4 ,the ,secretary shall ensure1 to the maximum extent practicable1 coordination of these activities with the ,department of ,energy ,national ,laboratories1 institutes of higher education1 and the private sector4 4 7b7 ,conforming amendment ,section #a7;b7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjja note7 is amended in the table of contents by amending the item related to section #fah to read as follows3 ,sec4 #fah4 ,advanced geothermal computing and data science research and development4 4 #bedh4 ,geothermal workforce development 7a7 ,in general ,section #fai of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaih7 is amended to read as follows3 #fai4 ,geothermal workforce development ,the ,secretary shall support the development of a geothermal energy workforce through a program that-- 7#a7 facilitates collaboration between university students and researchers at the national laboratories2 and 7#b7 prioritizes science in areas relevant to the mission of the ,department through the application of geothermal energy tools and technologies4 4 7b7 ,conforming amendment ,section #a7;b7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjja note7 is amended in the table of contents by amending the item related to section #fai to read as follows3 ,sec4 #fai4 ,geothermal workforce development4 4 #bedi4 ,organization and administration of programs ,section #fba of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbjj7 is amended to read as follows3 #fba4 ,organization and ,administration of ,programs 7a7 ,education and outreach ,in carrying out the activities described in this subtitle1 the ,secretary shall support education and outreach activities to disseminate information on geothermal energy technologies and the geothermal energy workforce1 including activities at the ,frontier ,observatory for ,research in ,geothermal ,energy site or sites4 7b7 ,technical assistance ,in carrying out this subtitle1 the ,secretary shall also conduct technical assistance and analysis activities with eligible entities for the purpose of supporting the commercial application of advances in geothermal energy systems development and operations1 which may include activities that support expanding access to advanced geothermal energy technologies for rural1 ,tribal1 and low-income communities4 7c7 ,report ,every #e years after the date of enactment of this section1 the ,secretary shall report to the ,committee on ,science and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate on advanced concepts and technologies to maximize the geothermal resource potential of the ,united ,states4 7d7 ,progress reports ,not later than #a year after the date of enactment of this section1 and every #b years thereafter1 the ,secretary shall submit to the ,committee on ,science and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report on the results of projects undertaken under this part and other such information the ,secretary considers appropriate4 4 #beej4 ,repeals 7a7 ,in general ,subtitle ,b of title ,,vi of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaia et seq47 is amended by striking section #fbj4 7b7 ,conforming amendment ,section #a7;b7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjja note7 is amended in the table of contents by striking the item related to section #fbj4 #beea4 ,authorization of appropriations ,section #fbc of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbjb7 is amended to read as follows3 #fbc4 ,authorization of ,appropriations ,there are authorized to be appropriated to the ,secretary to carry out the programs under this subtitle-- 7#a7 #ahb1jfb1ejj for fiscal year #bjba2 7#b7 #aii1abe1jjj for fiscal year #bjbb2 7#c7 #baf1ahg1ejj for fiscal year #bjbc2 7#d7 #bbe1gej1jjj for fiscal year #bjbd2 and 7#e7 #bbg1hab1ejj for fiscal year #bjbe4 4 #beeb4 ,international geothermal energy development ,section #fbd of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbjc7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,in general ,the ,secretary of ,energy1 in coordination with other appropriate ,federal and multilateral agencies 7including the ,united ,states ,agency for ,international ,development7 shall support collaborative efforts with international partners to promote the research1 development1 and demonstration of geothermal technologies used to develop hydrothermal and enhanced geothermal system resources4 2 and 7#b7 by striking subsection 7c74 #beec4 ,reauthorization of ,high ,cost ,region ,geothermal ,energy ,grant ,program ,section #fbe of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbjd7 is amended-- 7#a7 in subsection 7a77#b71 by inserting or heat after electrical power2 and 7#b7 by amending subsection 7e7 to read as follows3 7e7 ,authorization of appropriations ,out of funds authorized under section #fbc1 there is authorized to be appropriated to carry out this section #e1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 #d ,water ,power ,research and ,development #befa4 ,water power research and development 7a7 ,in general ,subtitle ,c of title ,,vi of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbaa et seq47 is amended to read as follows3 ,c ,water ,power ,research and ,development #fcb4 ,definitions ,in this subtitle3 7#a7 ,eligible entity ,the term eligible entity means any of the following entities3 7,a7 ,an institution of higher education4 7,b7 ,a ,national ,laboratory4 7,c7 ,a ,federal research agency4 7,d7 ,a ,state research agency4 7,e7 ,a nonprofit research organization4 7,f7 ,an industrial entity or a multi-institutional consortium thereof4 7#b7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#c7 ,marine energy ,the term marine energy means energy from-- 7,a7 waves1 tides1 and currents in oceans1 estuaries1 and tidal areas2 7,b7 free flowing water in rivers1 lakes1 streams1 and man-made channels2 7,c7 differentials in salinity and pressure gradients2 and 7,d7 differentials in water temperature1 including ocean thermal energy conversion4 7#d7 ,national laboratory ,the term ,national ,laboratory has the meaning given such term in section #b7c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja7c774 7#e7 ,water power ,the term water power refers to hydropower1 including conduit power1 pumped storage1 and marine energy technologies4 7#f7 ,microgrid ,the term microgrid has the meaning given such term in section #fda of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbca74 #fcc4 ,water power technology research1 development1 and demonstration ,the ,secretary shall carry out a program to conduct research1 development1 demonstration1 and commercial application of water power technologies in support of each of the following purposes3 7#a7 ,to promote research1 development1 demonstration1 and commercial application of water power generation technologies in order to increase capacity and reduce the cost of those technologies4 7#b7 ,to promote research and development to improve the environmental impact of water power technologies4 7#c7 ,to provide grid reliability and resilience1 including through technologies that facilitate new market opportunities1 such as ancillary services1 for water power4 7#d7 ,to promote the development of water power technologies to improve economic growth and enhance cross-institutional foundational workforce development in the water power sector1 including in coastal communities4 #fcd4 ,hydropower research1 development1 and demonstration ,the ,secretary shall conduct a program of research1 development1 demonstration1 and commercial application for technologies that improve the capacity1 efficiency1 resilience1 security1 reliability1 affordability1 and environmental impact1 including potential cumulative environmental impacts1 of hydropower systems4 ,in carrying out such program1 the ,secretary shall prioritize activities designed to-- 7#a7 develop technology for-- 7,a7 non-powered dams1 including aging and potentially hazardous dams2 7,b7 pumped storage2 7,c7 constructed waterways2 7,d7 new stream-reach development2 7,e7 modular and small dams2 7,f7 increased operational flexibility2 and 7,g7 enhancement of relevant existing facilities2 7#b7 develop new strategies and technologies1 including analytical methods1 physical and numerical tools1 and advanced computing1 as well as methods to validate such methods and tools1 in order to-- 7,a7 extend the operational lifetime of hydropower systems and their physical structures1 while improving environmental impact1 including potential cumulative environmental impacts2 7,b7 assist in device and system design1 installation1 operation1 and maintenance2 and 7,c7 reduce costs1 limit outages1 and increase unit and plant efficiencies1 including by examining the impact of changing water and electricity demand on hydropower generation1 flexibility1 and provision of grid services2 7#c7 study1 in conjunction with other relevant ,federal agencies as appropriate1 methods to improve the hydropower licensing process1 including by compiling current and accepted best practices1 public comments1 and methodologies to assess the full range of potential environmental and economic impacts2 7#d7 identify opportunities for joint research1 development1 and demonstration programs between hydropower systems1 which may include-- 7,a7 pumped storage systems and other renewable energy systems2 7,b7 small hydro facilities and other energy storage systems2 7,c7 other hybrid energy systems2 7,d7 small hydro facilities and critical infrastructure1 including water infrastructure2 and 7,e7 hydro facilities and responsive load technologies1 which may include smart buildings and city systems2 7#e7 improve the reliability of hydropower technologies1 including during extreme weather events2 7#f7 develop methods and technologies to improve environmental impact1 including potential cumulative environmental impacts1 of hydropower and pumped storage technologies1 including potential impacts on wildlife1 such as-- 7,a7 fisheries2 7,b7 aquatic life and resources2 7,c7 navigation of waterways2 and 7,d7 upstream and downstream environmental conditions1 including sediment movement1 water quality1 and flow volumes2 7#g7 identify ways to increase power generation by-- 7,a7 diversifying plant configuration options2 7,b7 improving pump-back efficiencies2 7,c7 investigating multi-phase systems2 7,d7 developing1 testing1 and monitoring advanced generators with faster cycling times1 variable speeds1 and improved efficiencies2 7,e7 developing1 testing1 and monitoring advanced turbines capable of improving environmental impact1 including potential cumulative environmental impacts1 including small turbine designs2 7,f7 developing standardized powertrain components2 7,g7 developing components with advanced materials and manufacturing processes1 including additive manufacturing2 and 7,h7 developing analytical tools that enable hydropower to provide grid services that1 amongst other services1 improve grid integration of other energy sources2 7#h7 advance new pumped storage technologies1 including-- 7,a7 systems with adjustable speed and other new pumping and generating equipment designs2 7,b7 modular systems2 7,c7 alternative closed-loop systems1 including mines and quarries2 and 7,d7 other innovative equipment and materials as determined by the ,secretary2 7#i7 reduce civil works costs and construction times for hydropower and pumped storage systems1 including comprehensive data and systems analysis of hydropower and pumped storage construction technologies and processes in order to identify areas for whole-system efficiency gains2 7#aj7 advance efficient and reliable integration of hydropower and pumped storage systems with the electric grid by-- 7,a7 improving methods for operational forecasting of renewable energy systems to identify opportunities for hydropower applications in pumped storage and hybrid energy systems1 including forecasting of seasonal and annual energy storage2 7,b7 considering aggregating small distributed hydropower assets2 and 7,c7 identifying barriers to grid scale implementation of hydropower and pumped storage technologies2 7#aa7 improve computational fluid dynamic modeling methods2 7#ab7 improve flow measurement methods1 including maintenance of continuous flow measurement equipment2 7#ac7 identify best methods for compiling data on all hydropower resources and assets1 including identifying potential for increased capacity2 and 7#ad7 identify mechanisms to test and validate performance of hydropower and pumped storage technologies4 #fce4 ,marine energy research1 development1 and demonstration 7a7 ,in general ,the ,secretary1 in consultation with the ,department of ,defense1 ,secretary of ,commerce 7acting through the ,under ,secretary of ,commerce for ,oceans and ,atmosphere7 and other relevant ,federal agencies1 shall conduct a program of research1 development1 demonstration1 and commercial application of marine energy technology1 including activities to-- 7#a7 assist technology development to improve the components1 processes1 and systems used for power generation from marine energy resources at a variety of scales2 7#b7 establish and expand critical testing infrastructure and facilities necessary to-- 7,a7 demonstrate and prove marine energy devices at a range of scales in a manner that is cost-effective and efficient2 and 7,b7 accelerate the technological readiness and commercial application of such devices2 7#c7 address marine energy resource variability issues1 including through the application of energy storage technologies2 7#d7 advance efficient and reliable integration of marine energy with the electric grid1 which may include smart building systems2 7#e7 identify and study critical short-term and long-term needs to maintaining a sustainable marine energy supply chain based in the ,united ,states2 7#f7 increase the reliability1 security1 and resilience of marine energy technologies2 7#g7 validate the performance1 reliability1 maintainability1 and cost of marine energy device designs and system components in an operating environment2 7#h7 consider the protection of critical infrastructure1 such as adequate separation between marine energy devices and submarine telecommunications cables1 including through the development of voluntary1 consensus-based standards for such purposes2 7#i7 identify opportunities for crosscutting research1 development1 and demonstration programs between existing energy research programs2 7#aj7 identify and improve1 in conjunction with the ,secretary of ,commerce1 acting through the ,under ,secretary of ,commerce for ,oceans and ,atmosphere1 and other relevant ,federal agencies as appropriate1 the environmental impact1 including potential cumulative environmental impacts1 of marine energy technologies1 including-- 7,a7 potential impacts on fisheries and other marine resources2 and 7,b7 developing technologies1 including mechanisms for self-evaluation1 and other means available for improving environmental impact1 including potential cumulative environmental impacts2 7#aa7 identify1 in consultation with relevant ,federal agencies1 potential navigational impacts of marine energy technologies and strategies to prevent possible adverse impacts1 in addition to opportunities for marine energy systems to aid the ,united ,states ,coast ,guard1 such as remote sensing for coastal border security2 7#ab7 develop numerical and physical tools1 including models and monitoring technologies1 to assist industry in device and system design1 installation1 operation1 and maintenance1 including methods to validate such tools2 7#ac7 support materials science as it relates to marine energy technology1 such as the development of corrosive-resistant materials2 7#ad7 improve marine energy resource forecasting and general understanding of aquatic system behavior1 including turbulence and extreme conditions2 7#ae7 develop metrics and voluntary1 consensus-based standards1 in coordination with the ,national ,institute of ,standards and ,technology and appropriate standard development organizations1 for marine energy components1 systems1 and projects1 including-- 7,a7 measuring performance of marine energy technologies2 and 7,b7 characterizing environmental conditions2 7#af7 enhance integration with hybrid energy systems1 including desalination2 7#ag7 identify opportunities to integrate marine energy technologies into new and existing infrastructure2 and 7#ah7 to develop technology necessary to support the use of marine energy-- 7,a7 for the generation and storage of power at sea2 and 7,b7 for the generation and storage of power to promote the resilience of coastal communities1 including in applications relating to-- 7i7 desalination2 7ii7 disaster recovery and resilience2 and 7iii7 community microgrids in isolated power systems4 7b7 ,study of non-,power sector applications for advanced marine energy technologies 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,transportation and the ,secretary of ,commerce1 shall conduct a study to examine opportunities for research and development in advanced marine energy technologies for non-power sector applications1 including applications with respect to-- 7,a7 the maritime transportation sector2 7,b7 associated maritime energy infrastructure1 including infrastructure that serves ports1 to improve system resilience and disaster recovery2 and 7,c7 enabling scientific missions at sea and in extreme environments1 including the ,arctic4 7#b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report that describes the results of the study conducted under paragraph 7#a74 #fcf4 ,national ,marine ,energy ,centers 7a7 ,in general ,the ,secretary shall award grants1 each such grant up to #aj1jjj1jjj per year1 to institutions of higher education 7or consortia thereof7 for-- 7#a7 the continuation and expansion of the research1 development1 demonstration1 testing1 and commercial application activities at the ,national ,marine ,energy ,centers 7referred to in this section as ,centers7 established as of ,january #a1 #bjbj2 and 7#b7 the establishment of new ,national ,marine ,energy ,centers4 7b7 ,location selection ,in selecting institutions of higher education for new ,centers1 the ,secretary shall consider the following criteria3 7#a7 ,whether the institution hosts an existing marine energy research and development program4 7#b7 ,whether the institution has proven technical expertise to support marine energy research4 7#c7 ,whether the institution has access to marine resources4 7c7 ,purposes ,the ,centers shall coordinate among themselves1 the ,department1 and ,national ,laboratories to-- 7#a7 advance research1 development1 demonstration1 and commercial application of marine energy technologies in response to industry and commercial needs2 7#b7 support in-water testing and demonstration of marine energy technologies1 including facilities capable of testing-- 7,a7 marine energy systems of various technology readiness levels and scales2 7,b7 a variety of technologies in multiple test berths at a single location2 7,c7 arrays of technology devices2 and 7,d7 interconnectivity to an electrical grid1 including microgrids2 and 7#c7 collect and disseminate information on best practices in all areas relating to developing and managing marine energy resources and energy systems4 7d7 ,coordination ,to the extent practicable1 the ,centers shall coordinate their activities with the ,secretary of ,commerce1 acting through the ,undersecretary of ,commerce for ,oceans and ,atmosphere1 and other relevant ,federal agencies4 7e7 ,termination ,to the extent otherwise authorized by law1 the ,secretary may terminate funding for a ,center described in paragraph 7a7 if such ,center is under-performing4 #fcg4 ,organization and administration of programs 7a7 ,coordination ,in carrying out this subtitle1 the ,secretary shall coordinate activities1 and effectively manage cross-cutting research priorities across programs of the ,department and other relevant ,federal agencies1 including the ,national ,laboratories and the ,national ,marine ,energy ,centers4 7b7 ,collaboration 7#a7 ,in general ,in carrying out this subtitle1 the ,secretary shall collaborate with industry1 ,national ,laboratories1 other relevant ,federal agencies1 institutions of higher education1 including ,minority ,serving ,institutions1 ,national ,marine ,energy ,centers1 ,tribal entities1 including ,alaska ,native ,corporations1 and international bodies with relevant scientific and technical expertise4 7#b7 ,participation ,to the extent practicable1 the ,secretary shall encourage research projects that promote collaboration between entities specified in paragraph 7#a7 and include entities not historically associated with ,national ,marine ,energy ,centers1 such as ,minority ,serving ,institutions4 7#c7 ,international collaboration ,the ,secretary of ,energy1 in coordination with other appropriate ,federal and multilateral agencies 7including the ,united ,states ,agency for ,international ,development7 shall support collaborative efforts with international partners to promote the research1 development1 and demonstration of water power technologies used to develop hydropower1 pump storage1 and marine energy resources4 7c7 ,dissemination of results and public availability ,the ,secretary shall-- 7#a7 publish the results of projects supported under this subtitle through ,department websites1 reports1 databases1 training materials1 and industry conferences1 including information discovered after the completion of such projects1 withholding any industrial proprietary information2 and 7#b7 share results of such projects with the public except to the extent that the information is protected from disclosure under section #eeb7;b7 of title #e1 ,united ,states ,code4 7d7 ,award frequency ,the ,secretary shall solicit applications for awards under this subtitle no less frequently than once per fiscal year4 7e7 ,education and outreach ,in carrying out the activities described in this subtitle1 the ,secretary shall support education and outreach activities to disseminate information and promote public understanding of water power technologies and the water power workforce1 including activities at the ,national ,marine ,energy ,centers4 7f7 ,technical assistance and workforce development ,in carrying out this subtitle1 the ,secretary may also conduct1 for purposes of supporting technical1 non-hardware1 and information-based advances in water power systems development and operations-- 7#a7 technical assistance and analysis activities with eligible entities1 including activities that support expanding access to advanced water power technologies for rural1 ,tribal1 and low-income communities2 and 7#b7 workforce development and training activities1 including to support the dissemination of standards and best practices for enabling water power production4 7g7 ,strategic plan ,in carrying out the activities described in this subtitle1 the ,secretary shall-- 7#a7 not later than one year after the date of the enactment of the ,clean ,economy ,jobs and ,innovation ,act1 draft a plan1 considering input from relevant stakeholders such as industry and academia1 to implement the programs described in this subtitle and update the plan on an annual basis2 and 7#b7 the plan shall address near-term 7up to #b years71 mid-term 7up to #g years71 and long-term 7up to #ae years7 challenges to the advancement of water power systems4 7h7 ,report to congress ,not later than #a year after the date of the enactment of the ,clean ,economy ,jobs and ,innovation ,act1 and at least once every #b years thereafter1 the ,secretary shall provide1 and make available to the public and the relevant authorizing and appropriations committees of ,congress1 a report on the findings of research conducted and activities carried out pursuant to this subtitle1 including the most current strategic plan under subsection 7g7 and the progress made in implementing such plan4 #fch4 ,applicability of other laws ,nothing in this subtitle shall be construed as waiving1 modifying1 or superseding the applicability of any requirement under any environmental or other ,federal or ,state law4 #fci4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this subtitle-- 7#a7 #bbi1abe1jjj for fiscal year #bjba1 including #afh1hgj1jjj for marine energy and #fj1bee1jjj for hydropower research1 development1 and demonstration activities2 7#b7 #bcf1eag1dej for fiscal year #bjbb1 including #agd1ded1hjj for marine energy and #fb1jfb1fej for hydropower research1 development1 and demonstration activities2 7#c7 #bdd1ahg1hgc for fiscal year #bjbc1 including #ahj1bfc1cdc for marine energy and #fc1ibd1ecj for hydropower research1 development1 and demonstration activities2 7#d7 #beb1adg1bji for fiscal year #bjbd1 including #ahf1cjd1idd for marine energy and #fe1hdb1bfe for hydropower research1 development1 and demonstration activities2 and 7#e7 #bfj1djf1hcg for fiscal year #bjbe1 including #aib1ehi1cjd for marine energy and #fg1hag1ecc for hydropower research1 development1 and demonstration activities4 4 7b7 ,conforming table of contents amendment ,the table of contents for the ,energy ,independence and ,security ,act of #bjjg is amended by striking the items relating to subtitle ,c of title ,,vi and inserting the following3 ,subtitle ,c--,water ,power ,research and ,development ,sec4 #fcb4 ,definitions4 ,sec4 #fcc4 ,water power technology research1 development1 and demonstration4 ,sec4 #fcd4 ,hydropower research1 development1 and demonstration4 ,sec4 #fce4 ,marine energy research1 development1 and demonstration4 ,sec4 #fcf4 ,national ,marine ,energy ,centers4 ,sec4 #fcg4 ,organization and administration of programs4 ,sec4 #fch4 ,applicability of other laws4 ,sec4 #fci4 ,authorization of appropriations4 4 #befb4 ,conforming amendments 7a7 ,energy policy act of #bjje ,the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja et seq47 is amended-- 7#a7 in section #bja7;a71 by striking ocean 7including tidal1 wave1 current1 and thermal7 and inserting marine2 7#b7 in section #bjc7;b77#b71 by-- 7,a7 inserting marine energy 7as defined in section #fcb of the ,energy ,independence and ,security ,act of #bjjg7 or before electric energy2 and 7,b7 by striking ocean 7including tidal1 wave1 current1 and thermal72 7#c7 in section #ica7;a77#b77;,e77i71 by striking ocean energy1 including wave energy and inserting marine energy 7as defined in section #fcb of the ,energy ,independence and ,security ,act of #bjjg72 and 7#d7 in section #ahcc7;a71 by striking ocean energy resources 7including tidal1 wave1 and thermal energy7 and inserting marine energy resources 7within the meaning of section #fcb of the ,energy ,independence and ,security ,act of #bjjg74 7b7 ,energy ,policy ,act of #aiib ,section #abab of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #accag7 is amended-- 7#a7 in subsection 7a77#d77;,a77i71 by striking ocean 7including tidal1 wave1 current1 and thermal7 and inserting marine energy 7as defined in section #fcb of the ,energy ,independence and ,security ,act of #bjjg72 7#b7 in subsection 7b71 in the matter preceding paragraph 7#a71 by striking ocean 7including tidal1 wave1 current1 and thermal7 and inserting marine energy 7as defined in section #fcb of the ,energy ,independence and ,security ,act of #bjjg72 and 7#c7 in subsection 7e77#a71 in the first sentence1 by striking ocean 7including tidal1 wave1 current1 and thermal7 and inserting marine energy 7as defined in section #fcb of the ,energy ,independence and ,security ,act of #bjjg74 7c7 ,renewable ,energy and ,energy ,efficiency ,technology ,competitiveness ,act of #aihi ,the ,renewable ,energy and ,energy ,efficiency ,technology ,competitiveness ,act of #aihi 7#db ,u4,s4,c4 #abjja et seq47 is amended-- 7#a7 in section #d 7#db ,u4,s4,c4 #abjjc7-- 7,a7 in subsection 7a77#e71 by striking ,ocean and inserting ,marine2 and 7,b7 in subsection 7c71 in the matter preceding paragraph 7#a71 by striking ,ocean and inserting ,marine2 and 7#b7 in section #i7;c7 7#db ,u4,s4,c4 #abjjf7;c771 by striking ocean1 and inserting marine14 #befc4 ,produced water research and development program 7a7 ,establishment ,as soon as possible after the date of enactment of this ,act1 the ,secretary of ,energy shall establish a research and development program on produced water to develop-- 7#a7 new technologies and practices to reduce the environmental impact2 and 7#b7 opportunities for reprocessing of produced water at natural gas or oil development sites4 7b7 ,prioritization ,the ,secretary shall give priority to projects that develop and bring to market-- 7#a7 effective systems for on-site management or repurposing of produced water2 and 7#b7 new technologies or approaches to reduce the environmental impact of produced water on local water sources and the environment4 7c7 ,conduct of program ,in carrying out the program described in subsection 7a71 the ,secretary shall carry out science-based research and development activities to pursue-- 7#a7 improved efficiency1 technologies1 and techniques for produced water recycling stations2 and 7#b7 ,b4 alternative approaches to treating1 reusing1 storing1 or decontaminating produced water4 7d7 ,authorization of appropriations ,there are authorized to be appropriated for purposes of this section #aj1jjj1jjj for each of fiscal years #bjbj through #bjbe4 #befd4 ,produced water demonstration program 7a7 ,establishment ,the ,secretary of ,energy shall establish a demonstration program for on-site treatment of produced water4 7b7 ,requirements ,in developing the demonstration program under this section1 the ,secretary shall consult with the heads of other relevant ,federal departments and agencies1 including the ,department of the ,interior and the ,environmental ,protection ,agency4 7c7 ,prioritization ,in carrying out this section1 the ,secretary should prioritize-- 7#a7 first-of-a-kind or new approaches to treating produced water stationed on site2 and 7#b7 technologies that can be used at natural gas or oil development sites to reduce other environmental harm either through emissions or other environmental impact4 7d7 ,authorization of appropriations ,there are authorized to be appropriated for purposes of this section #aj1jjj1jjj for each of fiscal years #bjbj through #bjbe4 #e ,energy ,efficiency and ,renewable ,energy ,research and ,development #bega4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary of ,energy or their designee to carry out research1 development1 demonstration1 and commercial application activities under the ,office of ,energy ,efficiency and ,renewable ,energy-- 7#a7 #c1bbh1ejj1jjj for fiscal year #bjba2 7#b7 #c1bej1gge1ejj for fiscal year #bjbb2 7#c7 #c1bia1dhh1gej for fiscal year #bjbc2 7#d7 #c1ccd1bch1ahh for fiscal year #bjbd2 and 7#e7 #c1cgi1abe1jig for fiscal year #bjbe4 ,f ,public ,lands ,renewable ,energy ,development #bfja4 ,definitions ,in this subtitle3 7#a7 ,covered land ,the term covered land means land that is-- 7,a7 public lands administered by the ,secretary2 and 7,b7 not excluded from the development of geothermal1 solar1 or wind energy under-- 7i7 a land use plan established under the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 or 7ii7 other ,federal law4 7#b7 ,exclusion area ,the term exclusion area means covered land that is identified by the ,bureau of ,land ,management as not suitable for development of renewable energy projects4 7#c7 ,federal land ,the term ,federal land means public lands4 7#d7 ,fund ,the term ,fund means the ,renewable ,energy ,resource ,conservation ,fund established by section #bfjh7;c77#a74 7#e7 ,priority area ,the term priority area means covered land identified by the land use planning process of the ,bureau of ,land ,management as being a preferred location for a renewable energy project1 including a designated leasing area 7as defined in section #bhja4e7;b7 of title #dc1 ,code of ,federal ,regulations 7or a successor regulation77 that is identified under the rule of the ,bureau of ,land ,management entitled ,competitive ,processes1 ,terms1 and ,conditions for ,leasing ,public ,lands for ,solar and ,wind ,energy ,development and ,technical ,changes and ,corrections 7#ha ,fed4 ,reg4 #ibabb 7,december #ai1 #bjaf77 7or a successor regulation74 7#f7 ,public lands ,the term public lands has the meaning given that term in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb74 7#g7 ,renewable energy project ,the term renewable energy project means a project carried out on covered land that uses wind1 solar1 or geothermal energy to generate energy4 7#h7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#i7 ,variance area ,the term variance area means covered land that is-- 7,a7 not an exclusion area2 7,b7 not a priority area2 and 7,c7 identified by the ,secretary as potentially available for renewable energy development and could be approved without a plan amendment1 consistent with the principles of multiple use 7as that term is defined in the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq4774 #bfjb4 ,land use planning2 supplements to programmatic environmental impact statements 7a7 ,priority areas 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,energy1 shall establish priority areas on covered land for geothermal1 solar1 and wind energy projects4 ,projects located in those priority areas shall be given the highest priority for review1 and shall be offered the opportunity to participate in any regional mitigation plan developed for the relevant priority areas4 7#b7 ,deadline 7,a7 ,geothermal energy ,for geothermal energy1 the ,secretary shall establish priority areas as soon as practicable1 but not later than #e years1 after the date of the enactment of this ,act4 7,b7 ,solar energy ,for solar energy1 solar ,designated ,leasing ,areas1 including the solar energy zones established by the #bjab western solar plan of the ,bureau of ,land ,management and any subsequent land use plan amendments1 shall be considered to be priority areas for solar energy projects4 ,the ,secretary shall establish additional solar priority areas as soon as practicable1 but not later than #c years1 after the date of the enactment of this ,act4 7,c7 ,wind energy ,for wind energy1 the ,secretary shall establish additional wind priority areas as soon as practicable1 but not later than #c years1 after the date of the enactment of this ,act4 7b7 ,variance areas ,to the maximum extent practicable1 variance areas shall be considered for renewable energy project development1 consistent with the principles of multiple use 7as defined in the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq4774 7c7 ,review and modification ,not less than once every #e years1 the ,secretary shall-- 7#a7 review the adequacy of land allocations for geothermal1 solar1 and wind energy priority and variance areas for the purpose of encouraging new renewable energy development opportunities2 and 7#b7 based on the review carried out under paragraph 7#a71 add1 modify1 or eliminate priority1 variance1 and exclusion areas4 7d7 ,compliance with the national environmental policy act ,for purposes of this section1 compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 shall be accomplished-- 7#a7 for geothermal energy1 by supplementing the ,october #bjjh final programmatic environmental impact statement for geothermal leasing in the ,western ,united ,states and incorporating any additional regional analyses that have been completed by ,federal agencies since the programmatic environmental impact statement was finalized2 7#b7 for solar energy1 by supplementing the ,july #bjab final programmatic environmental impact statement for solar energy development and incorporating any additional regional analyses that have been completed by ,federal agencies since the programmatic environmental impact statement was finalized2 and 7#c7 for wind energy1 by supplementing the ,july #bjje final programmatic environmental impact statement for wind energy development and incorporating any additional regional analyses that have been completed by ,federal agencies since the programmatic environmental impact statement was finalized4 7e7 ,no effect on processing applications ,any requirements to prepare a supplement to a programmatic environmental impact statement under this section shall not result in any delay in processing a pending application for a renewable energy project4 7f7 ,coordination ,in developing a supplement required by this section1 the ,secretary shall coordinate1 on an ongoing basis1 with appropriate ,state1 ,tribal1 and local governments1 transmission infrastructure owners and operators1 developers1 and other appropriate entities to ensure that priority areas identified by the ,secretary are-- 7#a7 economically viable 7including having access to existing and_/or planned transmission lines72 7#b7 likely to avoid or minimize impacts to habitat for animals and plants1 recreation1 cultural resources1 and other uses of covered land2 and 7#c7 consistent with section #bjb of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab71 including subsection 7c77#i7 of that section 7#dc ,u4,s4,c4 #agab7;c77#i774 #bfjc4 ,environmental review on covered land 7a7 ,in general ,if the ,secretary determines that a proposed renewable energy project has been sufficiently analyzed by a programmatic environmental impact statement conducted under section #bfjb7;d71 the ,secretary shall not require any additional review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 ,the ,secretary shall publish any such project determinations on a publicly available website4 7b7 ,additional environmental review ,if the ,secretary determines that additional environmental review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 is necessary for a proposed renewable energy project1 the ,secretary shall rely on the analysis in the programmatic environmental impact statement conducted under section #bfjb7;d71 to the maximum extent practicable when analyzing the potential impacts of the project4 7c7 ,relationship to other law ,nothing in this section modifies or supersedes any requirement under applicable law4 #bfjd4 ,program to improve renewable energy project permit coordination 7a7 ,establishment ,the ,secretary shall establish a national ,renewable ,energy ,coordination ,office and ,state1 district1 or field offices with responsibility to establish and implement a program to improve ,federal permit coordination with respect to renewable energy projects on covered land and other activities deemed necessary by the ,secretary4 ,in carrying out the program1 the ,secretary may temporarily assign qualified staff to ,renewable ,energy ,coordination ,offices to expedite the permitting of renewable energy projects4 7b7 ,memorandum of understanding 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall enter into a memorandum of understanding for purposes of this section1 including to specifically expedite the environmental analysis of applications for projects proposed in a variance area or a priority area1 with the ,secretary of ,defense4 7#b7 ,state and tribal participation ,the ,secretary may request the ,governor of any interested ,state or any ,tribal leader of any interested ,indian ,tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd77 to be a signatory to the memorandum of understanding under paragraph 7#a74 7c7 ,designation of qualified staff 7#a7 ,in general ,not later than #cj days after the date on which the memorandum of understanding under subsection 7b7 is executed1 all ,federal signatories1 as appropriate1 shall identify for each of the ,bureau of ,land ,management ,renewable ,energy ,coordination ,offices one or more employees who have expertise in the regulatory issues relating to the office in which the employee is employed1 including1 as applicable1 particular expertise in-- 7,a7 consultation regarding1 and preparation of1 biological opinions under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf72 7,b7 permits under section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd72 7,c7 regulatory matters under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 7,d7 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 7,e7 the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc et seq472 7,f7 the preparation of analyses under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,g7 implementation of the requirements of section #cjfajh of title #ed1 ,united ,states ,code 7formerly known as section #ajf of the ,national ,historic ,preservation ,act72 7,h7 the ,bald and ,golden ,eagle ,protection ,act 7#af ,u4,s4,c4 #ffh through #ffh;d72 and 7,i7 section #ajjaja7;a71 chapter #ajjc1 and sections #ajjgea7;a71 #ajjgeb1 #ajjgec and #ajbaja of title #ed 1 ,united ,states ,code 7previously known as the ,national ,park ,service ,organic ,act74 7#b7 ,duties ,each employee assigned under paragraph 7#a7 shall-- 7,a7 be responsible for addressing all issues relating to the jurisdiction of the home office or agency of the employee2 and 7,b7 participate as part of the team of personnel working on proposed energy projects1 planning1 monitoring1 inspection1 enforcement1 and environmental analyses4 7d7 ,additional personnel ,the ,secretary may assign such additional personnel for the ,bureau of ,land ,management ,renewable ,energy ,coordination ,offices as are necessary to ensure the effective implementation of any programs administered by the offices in accordance with the multiple use mandate of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq474 7e7 ,clarification of existing authority ,under section #cjg of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agcg71 the ,bureau of ,land ,management may-- 7#a7 accept donations for the purposes of public lands management2 and 7#b7 accept donations from renewable energy companies working on public lands to help cover the costs of environmental reviews4 7f7 ,report to congress 7#a7 ,in general ,not later than ,february #a of the first fiscal year beginning after the date of the enactment of this ,act1 and each ,february #a thereafter1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report describing the progress made under the program established under subsection 7a7 during the preceding year4 7#b7 ,inclusions ,each report under this subsection shall include-- 7,a7 projections for renewable energy production and capacity installations2 and 7,b7 a description of any problems relating to leasing1 permitting1 siting1 or production4 #bfje4 ,increasing economic certainty 7a7 ,considerations ,the ,secretary is authorized to and shall consider acreage rental rates1 capacity fees1 and other recurring annual fees in total when evaluating existing rates paid for the use of ,federal land by renewable energy projects4 7b7 ,increases in base rental rates ,once a base rental rate is established upon the issuance of a right-of-way authorization1 increases in the base rent shall be limited to the ,implicit ,price ,deflator-,gross ,domestic ,product 7,,ipd-,,gdp7 index for the entire term of the right-of-way authorization4 7c7 ,reductions in base rental rates ,the ,secretary is authorized to reduce acreage rental rates and capacity fees1 or both1 for existing and new wind and solar authorizations if the ,secretary determines-- 7#a7 that the existing rates-- 7,a7 exceed fair market value2 7,b7 impose economic hardships2 7,c7 limit commercial interest in a competitive lease sale or right-of-way grant2 or 7,d7 are not competitively priced compared to other available land2 or 7#b7 that a reduced rental rate or capacity fee is necessary to promote the greatest use of wind and solar energy resources1 especially those resources inside priority areas4 ,rental rates and capacity fees for projects that are within the boundaries of a ,designated ,leasing ,area but not formally recognized as being in such an area shall be equivalent to rents and fees for new leases inside of a ,designated ,leasing ,area4 #bfjf4 ,renewable energy goal ,the ,secretary shall seek to issue permits that1 in total1 authorize production of not less than #be gigawatts of electricity from wind1 solar1 and geothermal energy projects by not later than #bjbe1 through management of public lands and administration of ,federal laws4 #bfjg4 ,facilitation of coproduction of geothermal energy on oil and gas leases ,section #d7;b7 of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajjc7;b77 is amended by adding at the end the following3 7#d7 ,land subject to oil and gas lease ,land under an oil and gas lease issued pursuant to the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 or the ,mineral ,leasing ,act for ,acquired ,lands 7#cj ,u4,s4,c4 #cea et seq47 that is subject to an approved application for permit to drill and from which oil and gas production is occurring may be available for noncompetitive leasing under subsection 7c7 by the holder of the oil and gas lease-- 7,a7 on a determination that geothermal energy will be produced from a well producing or capable of producing oil and gas2 and 7,b7 in order to provide for the coproduction of geothermal energy with oil and gas4 4 #bfjh4 ,noncompetitive leasing of adjoining areas for development of geothermal resources ,section #d7;b7 of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajjc7;b77 is further amended by adding at the end the following3 7#e7 ,adjoining land 7,a7 ,definitions ,in this paragraph3 7i7 ,fair market value per acre ,the term fair market value per acre means a dollar amount per acre that-- 7,i7 except as provided in this clause1 shall be equal to the market value per acre 7taking into account the determination under subparagraph 7,b77iii7 regarding a valid discovery on the adjoining land7 as determined by the ,secretary under regulations issued under this paragraph2 7,,ii7 shall be determined by the ,secretary with respect to a lease under this paragraph1 by not later than the end of the #ahj-;day period beginning on the date the ,secretary receives an application for the lease2 and 7,,iii7 shall be not less than the greater of-- 7aa7 #d times the median amount paid per acre for all land leased under this ,act during the preceding year2 or 7bb7 #ej4 7ii7 ,industry standards ,the term industry standards means the standards by which a qualified geothermal professional assesses whether downhole or flowing temperature measurements with indications of permeability are sufficient to produce energy from geothermal resources1 as determined through flow or injection testing or measurement of lost circulation while drilling4 7iii7 ,qualified federal land ,the term qualified ,federal land means land that is otherwise available for leasing under this ,act4 7iv7 ,qualified geothermal professional ,the term qualified geothermal professional means an individual who is an engineer or geoscientist in good professional standing with at least #e years of experience in geothermal exploration1 development1 or project assessment4 7v7 ,qualified lessee ,the term qualified lessee means a person who may hold a geothermal lease under this ,act 7including applicable regulations74 7vi7 ,valid discovery ,the term valid discovery means a discovery of a geothermal resource by a new or existing slim hole or production well1 that exhibits downhole or flowing temperature measurements with indications of permeability that are sufficient to meet industry standards4 7,b7 ,authority ,an area of qualified ,federal land that adjoins other land for which a qualified lessee holds a legal right to develop geothermal resources may be available for a noncompetitive lease under this section to the qualified lessee at the fair market value per acre1 if-- 7i7 the area of qualified ,federal land-- 7,i7 consists of not less than #a acre and not more than #fdj acres2 and 7,,ii7 is not already leased under this ,act or nominated to be leased under subsection 7a72 7ii7 the qualified lessee has not previously received a noncompetitive lease under this paragraph in connection with the valid discovery for which data has been submitted under clause 7iii77,i72 and 7iii7 sufficient geological and other technical data prepared by a qualified geothermal professional has been submitted by the qualified lessee to the applicable ,federal land management agency that would lead individuals who are experienced in the subject matter to believe that-- 7,i7 there is a valid discovery of geothermal resources on the land for which the qualified lessee holds the legal right to develop geothermal resources2 and 7,,ii7 that geothermal feature extends into the adjoining areas4 7,c7 ,determination of fair market value 7i7 ,in general ,the ,secretary shall-- 7,i7 publish a notice of any request to lease land under this paragraph2 7,,ii7 determine fair market value for purposes of this paragraph in accordance with procedures for making those determinations that are established by regulations issued by the ,secretary2 7,,iii7 provide to a qualified lessee and publish1 with an opportunity for public comment for a period of #cj days1 any proposed determination under this subparagraph of the fair market value of an area that the qualified lessee seeks to lease under this paragraph2 and 7,,iv7 provide to the qualified lessee and any adversely affected party the opportunity to appeal the final determination of fair market value in an administrative proceeding before the applicable ,federal land management agency1 in accordance with applicable law 7including regulations74 7ii7 ,limitation on nomination ,after publication of a notice of request to lease land under this paragraph1 the ,secretary may not accept under subsection 7a7 any nomination of the land for leasing unless the request has been denied or withdrawn4 7iii7 ,annual rental ,for purposes of section #e7;a77#c71 a lease awarded under this paragraph shall be considered a lease awarded in a competitive lease sale4 7,d7 ,regulations ,not later than #bgj days after the date of the enactment of this paragraph1 the ,secretary shall issue regulations to carry out this paragraph4 4 #bfji4 ,savings clause ,notwithstanding any other provision of this subtitle1 the ,secretary shall continue to manage public lands under the principles of multiple use and sustained yield in accordance with title ,i of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq471 including due consideration of mineral and nonrenewable energy-related projects and other nonrenewable energy uses1 for the purposes of land use planning1 permit processing1 and conducting environmental reviews4 ,g ,renewable ,energy ,grant program #bgja4 ,renewable energy grant program 7a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a renewable energy program 7in this section referred to as the program7 under which the ,secretary may award grants to covered entities to facilitate projects1 in territories of the ,united ,states1 described in subsection 7c74 7b7 ,applications ,to be eligible for a grant under the program1 a covered entity shall submit to the ,secretary an application at such time1 in such form1 and containing such information as the ,secretary may require4 7c7 ,grant uses 7#a7 ,in general ,a covered entity receiving a grant under the program may use grant funds for a project1 in territories of the ,united ,states-- 7,a7 to develop or construct a renewable energy system2 7,b7 to carry out an activity to increase energy efficiency2 7,c7 to develop or construct an energy storage system or device for-- 7i7 a system developed or constructed under subparagraph 7,a72 or 7ii7 an activity carried out under subparagraph 7,b72 7,d7 to develop or construct-- 7i7 a smart grid2 or 7ii7 a microgrid2 or 7,e7 to train residents of territories of the ,united ,states to develop1 construct1 maintain1 or operate a renewable energy system4 7#b7 ,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-- 7,a7 fossil fuels2 or 7,b7 nuclear power4 7d7 ,technical assistance ,the ,secretary shall ensure that ,department of ,energy national laboratories offer to provide technical assistance to each covered entity carrying out a project assisted with a grant under the program4 7e7 ,report ,not later than two years after the establishment of the program1 and on an annual basis thereafter1 the ,secretary shall submit to ,congress a report containing-- 7#a7 an estimate of the amount of funds disbursed under the program2 7#b7 an estimate of the energy conservation achieved as a result of the program2 7#c7 a description of challenges encountered in implementing projects described in subsection 7c77#a72 and 7#d7 recommendations as to additional legislative measures to increase the use of renewable energy in territories of the ,united ,states1 as appropriate4 7f7 ,,gao study and report 7#a7 ,study and report ,not later than #ahj days after the date of enactment of this section1 the ,comptroller ,general of the ,united ,states shall-- 7,a7 conduct a study regarding renewable energy and energy efficiency in territories of the ,united ,states2 and 7,b7 submit to ,congress a report containing-- 7i7 the findings of the study2 and 7ii7 related recommendations4 7#b7 ,components ,the study conducted under paragraph 7#a7 shall consider1 in relation to territories of the ,united ,states1 the potential-- 7,a7 to modify existing electric power systems to use renewable energy sources2 7,b7 to expand the use of microgrids2 and 7,c7 to improve energy resiliency4 7g7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,covered entity ,the term covered entity means a not-for-profit organization determined eligible by the ,secretary for purposes of this section4 7#b7 ,department of energy national laboratories ,the term ,department of ,energy national laboratories has the same meaning as the term ,national ,laboratory under section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#c7 ,microgrid ,the term microgrid means an electric system-- 7,a7 that serves the local community with a power generation and distribution system2 and 7,b7 that has the ability-- 7i7 to disconnect from a traditional electric grid2 and 7ii7 to operate autonomously when disconnected4 7#d7 ,renewable energy2 renewable energy system ,the terms renewable energy and renewable energy system have the meanings given those terms in section #dae7;c7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfe7;c774 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#f7 ,smart grid ,the term smart grid means an intelligent electric grid that uses digital communications technology1 information systems1 and automation to1 while maintaining high system reliability-- 7,a7 detect and react to local changes in usage2 7,b7 improve system operating efficiency2 and 7,c7 reduce spending costs4 7#g7 ,territory ,the term territory means the ,commonwealth of ,puerto ,rico1 ,guam1 the ,united ,states ,virgin ,islands1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 7h7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 ,h ,other #bhja4 ,amendment to ,energy ,policy ,act of #bjje definition of renewable energy 7a7 ,in general ,section #bjc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeheb7 is amended-- 7#a7 in subsection 7b77#b71 by striking generated and inserting produced2 and 7#b7 in subsection 7c7-- 7,a7 by redesignating paragraphs 7#a7 through 7#c7 as subparagraphs 7,a7 through 7,c71 respectively1 and indenting appropriately2 7,b7 in the matter preceding subparagraph 7,a7 7as so redesignated71 by striking ,for purposes and inserting the following3 7#a7 ,in general ,for purposes 2 and 7,c7 by adding at the end the following3 7#b7 ,separate calculation 7,a7 ,in general ,for purposes of determining compliance with the requirement of this section1 any energy consumption that is avoided through the use of geothermal energy shall be considered to be renewable energy produced4 7,b7 ,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 compliance with ,federal energy efficiency goals1 targets1 and incentives4 4 7b7 ,conforming amendment ,section #bdajq7a7 of title #aj1 ,united ,states ,code1 is amended by striking section #bjc7;b77#b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeheb7;b77#b77 and inserting section #bjc7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeheb7;b774 ,,iii ,carbon ,pollution ,reduction ,technologies ,a ,fossil ,energy ,research and ,development #caja4 ,definitions ,for purposes of this part3 7#a7 ,department ,the term ,department means the ,department of ,energy4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 #cajb4 ,fossil energy objectives ,section #ifa of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbia7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,decreasing the cost of emissions control technologies for fossil energy production1 generation1 and delivery4 2 7,b7 by striking paragraph 7#g7 and inserting the following3 7#g7 ,increasing the export of emissions control technologies from the ,united ,states for fossil energy-related equipment1 technology1 and services4 2 and 7,c7 by adding at the end the following3 7#h7 ,improving the conversion1 use1 and storage of carbon oxides4 7#i7 ,lowering greenhouse gas emissions for all fossil fuel production1 generation1 delivery1 and utilization1 to the maximum extent possible4 7#aj7 ,preventing1 predicting1 monitoring1 and mitigating the unintended leaking of methane1 carbon dioxide1 or other fossil fuel-related emissions into the atmosphere4 7#aa7 ,improving the separation and purification of helium from fossil fuel resources4 7#ab7 ,reducing water use1 improving water reuse1 and minimizing the surface and subsurface environmental impact in the development of unconventional domestic oil and natural gas resources4 7#ac7 ,developing carbon removal and utilization technologies1 products1 and methods that result in net reductions in greenhouse gas emissions1 including direct air capture and storage and carbon use and reuse for commercial application4 2 7#b7 by striking subsections 7c7 through 7e7 and inserting the following3 7c7 ,prioritization ,in carrying out this section1 the ,secretary shall prioritize technologies and strategies that have the potential to meet emissions reduction goals in the agreement of the twenty-first session of the ,conference of the ,parties to the ,united ,nations ,framework ,convention on ,climate ,change4 7d7 ,limitation ,none of the funds authorized under this section may be used for ,fossil ,energy ,environmental ,restoration or ,import_/,export ,authorization4 4 #cajc4 ,carbon capture technologies 7a7 ,carbon capture program ,section #ifb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbib7 is amended to read as follows3 #ifb4 ,carbon capture technologies 7a7 ,in general ,the ,secretary shall conduct a program of research1 development1 demonstration1 and commercial application of carbon capture technologies1 which shall include facilitation of the development and use of-- 7#a7 carbon capture technologies for coal and natural gas2 7#b7 innovations to significantly decrease emissions at existing power plants2 7#c7 innovations to significantly decrease emissions in manufacturing and industrial applications1 including at biofuel facilities2 and 7#d7 advanced separation technologies4 7b7 ,investment ,as a part of the program under subsection 7a71 the ,secretary shall maintain robust investments in carbon capture technologies for coal and natural gas applications4 7c7 ,large-,scale pilots ,in carrying out this section1 the ,secretary is encouraged to support pilot projects that test carbon capture technologies on coal and natural gas power and industrial systems below the #ajj megawatt scale1 consistent with section #ihh7;b74 7d7 ,cost and performance goals ,in carrying out the program under subsection 7a71 the ,secretary shall establish cost and performance goals to assist in the transition of carbon capture research to commercially viable technologies4 7e7 ,carbon ,capture ,pilot ,test ,centers 7#a7 ,in general ,as a part of the program under subsection 7a71 not later than #a year after the date of the enactment of this section1 the ,secretary shall award grants to eligible entities for the operation of not less than three ,carbon ,capture ,test ,centers 7in this subsection1 known as the ,centers7 to provide unique testing capabilities for innovative carbon capture technologies for power and industrial systems4 7#b7 ,purpose ,each ,center shall-- 7,a7 advance research1 development1 demonstration1 and commercial application of carbon capture technologies for power and industrial systems2 and 7,b7 test technologies that represent the scale of technology development beyond laboratory testing1 but not yet advanced to testing under operational conditions at commercial scale4 7#c7 ,application ,an entity seeking to operate a ,center under this subsection shall submit to the ,secretary an application at such time and in such manner as the ,secretary may require4 7#d7 ,priority criteria ,in selecting applications to operate a ,center under this subsection1 the ,secretary shall prioritize applicants that-- 7,a7 have access to existing or planned research facilities with modular technology capabilities2 7,b7 are institutions of higher education with established expertise in engineering and design for carbon capture technologies1 or partnerships with such institutions2 7,c7 have access to existing research and test facilities for pre-combustion1 post-combustion1 or oxy-combustion technologies2 or 7,d7 have test capabilities to address scaling challenges of integrating carbon capture technologies with utility scale power plants4 7#e7 ,considerations ,in awarding grants for the operation of the ,centers under this subsection1 the ,secretary shall ensure that-- 7,a7 the portfolio of ,centers includes a diverse representation of regional and resource characteristics2 and 7,b7 each new ,center demonstrates unique research capabilities1 unique regional benefits1 or new technology development opportunities4 7#f7 ,schedule ,each grant to operate a ,center under this subsection shall be awarded for a term of not more than #e years1 subject to the availability of appropriations4 ,the ,secretary may renew such #e-year term without limit1 subject to a rigorous merit review4 7#g7 ,termination ,to the extent otherwise authorized by law1 the ,secretary may eliminate a ,center during any #e-year term described in paragraph 7#f7 if such ,center is underperforming4 7f7 ,demonstrations 7#a7 ,in general ,as a part of the program under subsection 7a71 the ,secretary may provide grants for large-scale demonstration projects for power and industrial systems that test the scale of technology necessary to gain the operational data needed to understand the technical and performance risks of the technology before the application of the technology at commercial scale1 in accordance with this subsection4 7#b7 ,engineering and design studies ,the ,secretary is authorized to fund front-end engineering and design studies in addition to1 or in advance of1 issuing an award for a demonstration project under this subsection4 7#c7 ,application ,an entity seeking an award to conduct a demonstration project under this subsection shall submit to the ,secretary an application at such time and in such manner as the ,secretary may require4 7#d7 ,limitations ,the ,secretary shall only provide an award under this subsection after reviewing each applicant and application regarding-- 7,a7 financial strength2 7,b7 construction schedule2 7,c7 market risk2 and 7,d7 contractor history4 7#e7 ,requirements ,a demonstration project funded under this subsection shall-- 7,a7 utilize technologies that have completed pilot-scale testing or the equivalent1 as determined by the ,secretary2 7,b7 secure and maintain agreements for the utilization or sequestration of captured carbon dioxide2 and 7,c7 upon completion1 demonstrate carbon capture technologies on a power or industrial system capable of capturing not less than #ajj1jjj tons of carbon dioxide annually4 7g7 ,definition of power system ,in this section1 the term power system means any electricity generating unit that utilizes fossil fuels to generate electricity provided to the electric grid or directly to a consumer4 7h7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary for activities under subsections 7a7 through 7f7-- 7#a7 #cjj1jjj1jjj for fiscal year #bjba2 7#b7 #cae1jjj1jjj for fiscal year #bjbb2 7#c7 #ccj1gej1jjj for fiscal year #bjbc2 7#d7 #cdg1bhh1jjj for fiscal year #bjbd2 and 7#e7 #cfd1feb1jjj for fiscal year #bjbe4 7i7 ,commercial demonstration 7#a7 ,in general ,the ,secretary shall establish a carbon capture technology commercialization program to improve the efficiency1 effectiveness1 cost1 and environmental performance of such technologies for power1 industrial1 transportation1 and other commercial applications4 ,such program shall include funding for commercial carbon capture technology projects for up to five demonstrations of a particular technology type4 7#b7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subsection #a1ejj1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 7b7 ,,gao study 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report on the results of a study of the ,department's successes1 failures1 practices1 and improvements in carrying out demonstration projects for carbon capture technologies for power and industrial systems4 ,in conducting the study1 the ,comptroller ,general shall consider-- 7,a7 applicant and contractor qualifications2 7,b7 project management practices at the ,department2 7,c7 economic or market changes and other factors impacting project viability2 7,d7 completion of third-party agreements1 including power purchase agreements and carbon dioxide offtake agreements2 7,e7 regulatory challenges2 and 7,f7 construction challenges4 7#b7 ,consideration ,the ,secretary shall consider any relevant recommendations1 as determined by the ,secretary1 provided in the report required under paragraph 7#a71 and shall adopt such recommendations as the ,secretary considers appropriate4 7#c7 ,power system defined ,in this section1 the term power system means any electricity generating unit that utilizes fossil fuels to generate electricity provided to the electric grid or directly to a consumer4 #cajd4 ,natural gas carbon capture research1 development1 and demonstration program 7a7 ,in general ,subtitle ,f of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbia et seq47 is amended by adding at the end the following3 #ifi4 ,natural gas carbon capture research1 development1 and demonstration program 7a7 ,definitions ,in this section3 7#a7 ,natural gas ,the term natural gas includes any fuel consisting in whole or in part of-- 7,a7 natural gas2 7,b7 liquid petroleum gas2 7,c7 synthetic gas derived from petroleum or natural gas liquids2 or 7,d7 any mixture of natural gas and synthetic gas4 7#b7 ,qualifying electric generation facility ,the term qualifying electric generation facility means a facility that generates electric energy through the use of natural gas or a facility that generates hydrogen from natural gas4 7#c7 ,qualifying technology ,the term qualifying technology means any technology to capture carbon dioxide produced during the generation of electricity from natural gas power systems or during the generation of hydrogen from natural gas4 7b7 ,establishment of research1 development1 and demonstration program 7#a7 ,in general ,the ,secretary shall establish a program under which the ,secretary shall1 through a competitive1 merit-reviewed process1 award grants to eligible entities to conduct research1 development1 and demonstration of qualifying technologies4 7#b7 ,objectives ,the objectives of the program established under paragraph 7#a7 shall be-- 7,a7 to conduct research to accelerate the development of qualifying technologies to reduce the quantity of carbon dioxide emissions released from qualifying electric generation facilities1 including-- 7i7 pre- and post-combustion capture technologies2 and 7ii7 technologies to improve the thermodynamics1 kinetics1 scalability1 durability1 and flexibility of carbon capture technologies for use during the generation of electricity from natural gas power systems2 7,b7 to expedite and carry out demonstration projects 7including pilot projects7 for qualifying technologies in partnership with qualifying electric generation facilities in order to demonstrate the technical feasibility and economic potential for commercial deployment of technologies developed pursuant to subparagraph 7,a72 and 7,c7 to identify any barriers to the commercial deployment of any qualifying technologies under development pursuant to research conducted pursuant to subparagraph 7,a74 7#c7 ,eligible entities ,an entity eligible to receive a grant under this subsection is-- 7,a7 a ,national ,laboratory2 7,b7 an institution of higher education2 7,c7 a research facility2 7,d7 a multi-institutional collaboration2 or 7,e7 another appropriate entity or combination of any of the entities specified in subparagraphs 7,a7 through 7,d74 7c7 ,carbon capture facilities demonstration program 7#a7 ,establishment ,as part of the program established under paragraph 7#a71 the ,secretary shall establish a demonstration program under which the ,secretary shall1 through a competitive1 merit-reviewed process1 enter into cooperative agreements with entities that submit applications pursuant to paragraph 7#d7 for demonstration or pilot projects to construct and operate1 by not later than ,september #cj1 #bjbe1 up to five facilities to capture carbon dioxide from qualifying electric generation facilities4 ,the ,secretary shall1 to the maximum extent practicable1 provide technical assistance to any entity seeking to enter into such a cooperative agreement in obtaining any necessary permits and licenses to demonstrate qualifying technologies4 7#b7 ,cooperative agreements ,the ,secretary may enter into a cooperative agreement under this subsection with industry stakeholders1 including any such industry stakeholder operating in partnership with ,national ,laboratories1 institutions of higher education1 multi-institutional collaborations1 and other appropriate entities4 7#c7 ,goals ,each demonstration or pilot project carried out pursuant to the demonstration program under this subsection shall-- 7,a7 be designed to further the development of qualifying technologies that may be used by a qualifying electric generation facility2 7,b7 be financed in part by the private sector2 7,c7 if necessary1 secure agreements for the offtake of carbon dioxide emissions captured by qualifying technologies during the project2 and 7,d7 support energy production in the ,united ,states4 7#d7 ,request for applications ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall solicit applications for cooperative agreements for projects-- 7,a7 to demonstrate qualifying technologies at up to five qualifying electric generation facilities2 and 7,b7 to construct and operate three or more facilities to capture carbon dioxide from a qualifying electric generation facility4 7#e7 ,review of applications ,in considering applications submitted under paragraph 7#d71 the ,secretary1 to the maximum extent practicable1 shall-- 7,a7 ensure a broad geographic distribution of project sites2 7,b7 ensure that a broad selection of qualifying electric generation facilities are represented2 7,c7 ensure that a broad selection of qualifying technologies are represented2 7,d7 require information and knowledge gained by each participant in the demonstration program to be transferred and shared among all participants in the demonstration program2 and 7,e7 leverage existing-- 7i7 public-private partnerships2 and 7ii7 ,federal resources4 7d7 ,cost sharing ,in carrying out this section1 the ,secretary shall require cost sharing in accordance with section #ihh4 7e7 ,report ,not later than #ahj days after the date on which the ,secretary solicits applications under subsection 7c77#c71 and annually thereafter1 the ,secretary shall submit to the appropriate committees of jurisdiction of the ,senate and the ,house of ,representatives a report that includes-- 7#a7 a detailed description of how applications for cooperative agreements under subsection 7b7 will be solicited and evaluated1 including-- 7,a7 a list of any activities carried out by the ,secretary to solicit or evaluate applications2 and 7,b7 a process for ensuring that any projects carried out under a cooperative agreement are designed to result in the development or demonstration of qualifying technologies2 7#b7 7,a7 in the case of the first report under this subsection1 a detailed list of technical milestones for the development and demonstration of each qualifying technology pursued under subsection 7b72 and 7,b7 in the case of each subsequent report under this subsection1 the progress made towards achieving such technical milestones during the period covered by the report2 and 7#c7 with respect to the demonstration program established under subsection 7c71 includes-- 7,a7 an estimate of the cost of licensing1 permitting1 constructing1 and operating each carbon capture facility expected to be constructed under that demonstration program2 7,b7 a schedule for the planned construction and operation of each demonstration or pilot project2 and 7,c7 an estimate of any financial assistance1 compensation1 or incentives proposed to be paid by the host ,state1 ,indian ,tribe1 or local government with respect to each facility4 7f7 ,there are authorized to be appropriated to the ,secretary to carry out this section #ej1jjj1jjj1 to remain available until expended1 for each of fiscal years #bjba through #bjbe4 4 7b7 ,clerical amendment ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #fjj7 is amended by inserting after the item relating to section #ifh the following3 ,sec4 #ifi4 ,natural gas carbon capture research1 development1 and demonstration program4 4 #caje4 ,carbon storage validation and testing ,section #ifc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbic7 is amended to read as follows3 #ifc4 ,carbon storage validation and testing 7a7 ,carbon storage ,the ,secretary1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 shall carry out a program of research1 development1 and demonstration for carbon storage4 ,the program shall-- 7#a7 in coordination with relevant ,federal agencies1 develop and maintain mapping tools and resources that assess the capacity of geologic storage formations in the ,united ,states2 7#b7 develop monitoring tools1 modeling of geologic formations1 and analyses to predict and verify carbon dioxide containment and account for sequestered carbon dioxide in geologic storage sites2 7#c7 research potential environmental1 safety1 and health impacts in the event of a leak to the atmosphere or to an aquifer1 and any corresponding mitigation actions or responses to limit harmful consequences2 7#d7 evaluate the interactions of carbon dioxide with formation solids and fluids1 including the propensity of injections to induce seismic activity2 7#e7 assess and ensure the safety of operations related to geologic sequestration of carbon dioxide2 7#f7 determine the fate of carbon dioxide concurrent with and following injection into geologic formations2 7#g7 support cost and business model assessments to examine the economic viability of technologies and systems developed under this program2 and 7#h7 provide information to ,state1 local1 and ,tribal governments1 the ,environmental ,protection ,agency1 and other appropriate entities1 to support development of a regulatory framework for commercial-scale sequestration operations that ensure the protection of human health and the environment4 7b7 ,geologic settings ,in carrying out research activities under this section1 the ,secretary shall consider a variety of candidate geologic settings1 both onshore and offshore1 including-- 7#a7 operating oil and gas fields2 7#b7 depleted oil and gas fields2 7#c7 residual oil zones2 7#d7 unconventional reservoirs and rock types2 7#e7 unmineable coal seams2 7#f7 saline formations in both sedimentary and basaltic geologies2 7#g7 geologic systems that may be used as engineered reservoirs to extract economical quantities of brine from geothermal resources of low permeability or porosity2 and 7#h7 geologic systems containing in situ carbon dioxide mineralization formations4 7c7 ,regional carbon sequestration partnerships 7#a7 ,in general ,the ,secretary shall carry out large-scale carbon sequestration demonstrations for geologic containment of carbon dioxide to collect and validate information on the cost and feasibility of commercial deployment of technologies for the geologic containment of carbon dioxide4 ,the ,secretary may fund new demonstrations or expand the work completed at one or more of the existing regional carbon sequestration partnerships4 7#b7 ,demonstration components ,each demonstration described in paragraph 7#a7 shall include longitudinal tests involving carbon dioxide injection and monitoring1 mitigation1 and verification operations4 7#c7 ,clearinghouse ,the ,national ,energy ,technology ,laboratory shall act as a clearinghouse of shared information and resources for the regional carbon sequestration partnerships and any new demonstrations funded under this section4 7#d7 ,report ,not later than #a year after the date of enactment of this section1 the ,secretary shall provide to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report that-- 7,a7 assesses the progress of all regional carbon sequestration partnerships2 7,b7 identifies the remaining challenges in achieving carbon sequestration that is reliable and safe for the environment and public health2 and 7,c7 creates a roadmap for ,department of ,energy carbon storage research and development activities through #bjcj with the goal of reducing economic and policy barriers to commercial carbon sequestration4 7#e7 ,large-scale carbon sequestration ,for purposes of this subsection1 large-scale carbon sequestration means a scale that demonstrates the ability to inject and sequester several million metric tons carbon dioxide for at least #aj years4 7d7 ,integrated storage projects ,the ,secretary may carry out a program for the purpose of transitioning the large-scale carbon sequestration demonstration projects under subsection 7c7 into integrated1 commercial storage complexes4 ,the program shall focus on-- 7#a7 qualifying geologic storage sites in order to accept large volumes of carbon dioxide acceptable for commercial contracts2 7#b7 understanding the technical and commercial viability of storage sites2 7#c7 developing the qualification processes that will be necessary for a diverse range of geologic storage sites to commercially accept carbon dioxide2 and 7#d7 any other activities the ,secretary determines necessary to transition the large scale demonstration storage projects into commercial ventures4 7e7 ,cost sharing ,the ,secretary shall require cost sharing under this section in accordance with section #ihh4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary for activities under this section-- 7#a7 #fbj1jjj1jjj for fiscal year #bjba2 7#b7 #fbf1jjj1jjj for fiscal year #bjbb2 7#c7 #fcb1cjj1jjj for fiscal year #bjbc2 7#d7 #fch1iae1jjj for fiscal year #bjbd2 and 7#e7 #fde1hfj1gej for fiscal year #bjbe4 4 #cajf4 ,carbon utilization 7a7 ,program ,subtitle ,f of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbia et seq471 as amended by this ,act1 is amended by adding at the end the following3 #igj4 ,carbon utilization 7a7 ,in general ,the ,secretary shall carry out a program of research1 development1 and demonstration for carbon utilization4 ,the program shall-- 7#a7 assess and monitor potential changes in life cycle carbon dioxide and other greenhouse gas emissions1 and other environmental safety indicators of new technologies1 practices1 processes1 or methods1 used in enhanced hydrocarbon recovery as part of the activities authorized in section #ifc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbic72 7#b7 identify and evaluate novel uses for carbon1 including the conversion of carbon oxides1 in a manner that1 on a full life-cycle basis1 achieves a permanent reduction in1 or avoidance of a net increase in carbon dioxide in the atmosphere1 for use in commercial and industrial products1 such as-- 7,a7 chemicals2 7,b7 plastics2 7,c7 building materials2 7,d7 fuels2 7,e7 cement2 7,f7 products of coal utilization in power systems 7as such term is defined in section #ifb7;e771 or other applications2 or 7,g7 other products with demonstrated market value2 7#c7 carbon capture technologies for industrial systems2 7#d7 identify and assess alternative uses for coal that result in no net emissions of carbon dioxide or other pollutants1 including products derived from carbon engineering1 carbon fiber1 and coal conversion methods4 7b7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary for activities under this section-- 7#a7 #cj1jjj1jjj for fiscal year #bjba2 7#b7 #ca1ejj1jjj for fiscal year #bjbb2 7#c7 #cc1jge1jjj for fiscal year #bjbc2 7#d7 #cd1gbi1jjj for fiscal year #bjbd2 and 7#e7 #cf1dfe1jjj for fiscal year #bjbe4 4 7b7 ,study ,the ,secretary shall enter into an agreement with the ,national ,academies to conduct a study assessing the barriers1 and opportunities related to the commercial application of carbon dioxide in the ,united ,states4 ,such study shall-- 7#a7 analyze the technical feasibility1 related challenges1 and impacts to commercializing carbon dioxide1 including-- 7,a7 creating a national system of carbon dioxide pipelines and geologic sequestration sites2 7,b7 mitigating environmental and landowner impacts2 and 7,c7 regional economic challenges and opportunities2 7#b7 identify potential markets1 industries1 or sectors that may benefit from greater access to commercial carbon dioxide2 7#c7 assess the current state of infrastructure and any necessary updates to allow for the integration of safe and reliable carbon dioxide transportation1 utilization1 and storage2 7#d7 estimate the economic1 climate1 and environmental impacts of any well-integrated national carbon dioxide pipeline system1 including suggestions for policies that could improve the economic impact of the system2 7#e7 assess the global status and progress of carbon utilization technologies 7both chemical and biological7 in practice today that utilize waste carbon 7including carbon dioxide1 carbon monoxide1 methane1 and biogas7 from power generation1 biofuels production1 and other industrial processes that may be important to minimizing net greenhouse gas emissions2 7#f7 identify emerging technologies and approaches for carbon utilization that show promise for scale-up1 demonstration1 deployment1 and commercialization relevant to minimizing net greenhouse gas emissions2 7#g7 analyze the factors associated with making carbon utilization technologies that may be important to minimizing net greenhouse gas emissions viable at a commercial scale1 including carbon waste stream availability1 economics1 market capacity1 energy and lifecycle requirements2 7#h7 assess the major technical challenges associated with increasing the commercial viability of carbon reuse technologies1 and identify the research and development questions that will address those challenges2 7#i7 assess current research efforts1 including engineering and computational1 that are addressing these challenges and identify gaps in the current research portfolio2 and 7#aj7 develop a comprehensive research agenda that addresses both long- and short-term research needs and opportunities for technologies that may be important to minimizing net greenhouse gas emissions4 #cajg4 ,advanced energy systems ,subtitle ,f of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbia et seq471 as amended by this ,act1 is further amended by adding at the end the following3 #igj;,a4 ,advanced energy systems 7a7 ,in general ,the ,secretary shall conduct a program1 with the purpose of reducing emissions from fossil fuel power generation by not less than #ej percent1 of research1 development1 demonstration1 and commercial application with respect to the following3 7#a7 ,high-efficiency turbines in accordance with the program under section #igj;,a-#a4 7#b7 ,supercritical and ultrasupercritical carbon dioxide1 with an emphasis on developing directly-fired and indirectly fired cycles in the next #aj years4 7#c7 ,advanced combustion systems1 including oxy-combustion systems and chemical looping4 7#d7 ,fuel cell technologies for low-cost1 high-efficiency1 fuel-flexible1 modular power systems1 including solid oxide fuel cell technology for commercial1 residential1 and distributed generation systems1 using improved manufacturing production and processes4 7#e7 ,gasification systems to enable carbon capture1 improve efficiency1 and reduce capital and operating costs4 7#f7 ,thermal cycling with ramping or rapid black start capabilities that do not compromise efficiency or environmental performance4 7#g7 ,small-scale and modular coal-fired technologies with reduced carbon outputs or carbon capture that can support incremental power generation capacity additions4 7b7 ,priority ,in carrying out the program under subsection 7a71 the ,secretary is encouraged to prioritize transformational technologies that enable a step change in reduction of emissions as compared to the technology in existence on the date of enactment of this section4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary for activities under this section and section #igj;,a-#a-- 7#a7 #aej1jjj1jjj for fiscal year #bjba2 7#b7 #aeg1ejj1jjj for fiscal year #bjbb2 7#c7 #afe1cge1jjj for fiscal year #bjbc2 7#d7 #agc1fdc1gej for fiscal year #bjbd2 and 7#e7 #ahb1cbe1ich for fiscal year #bjbe4 #igj;,a-#a4 ,high efficiency gas turbines 7a7 ,in general ,the ,secretary of ,energy1 through the ,office of ,fossil ,energy1 shall carry out a multiyear1 multiphase program of research1 development1 and technology demonstration to improve the efficiency of gas turbines used in power generation systems and to identify the technologies that ultimately will lead to gas turbine combined cycle efficiency of #fg percent or simple cycle efficiency of #ej percent4 7b7 ,program elements ,the program under this section shall-- 7#a7 support first-of-a-kind engineering and detailed gas turbine design for megawatt-scale and utility-scale electric power generation1 including-- 7,a7 high temperature materials1 including superalloys1 coatings1 and ceramics2 7,b7 improved heat transfer capability2 7,c7 manufacturing technology required to construct complex three-dimensional geometry parts with improved aerodynamic capability2 7,d7 combustion technology to produce higher firing temperature while lowering nitrogen oxide and carbon monoxide emissions per unit of output2 7,e7 advanced controls and systems integration2 7,f7 advanced high performance compressor technology2 and 7,g7 validation facilities for the testing of components and subsystems2 7#b7 include technology demonstration through component testing1 subscale testing1 and full-scale testing in existing fleets2 7#c7 include field demonstrations of the developed technology elements so as to demonstrate technical and economic feasibility2 and 7#d7 assess overall combined cycle and simple cycle system performance4 7c7 ,program goals ,the goals of the multiphase program established under subsection 7a7 shall be-- 7#a7 in phase ,i-- 7,a7 to develop the conceptual design of advanced high efficiency gas turbines that can achieve at least #fe-percent combined cycle efficiency or #dg-percent simple cycle efficiency on a lower heating value basis2 and 7,b7 to develop and demonstrate the technology required for advanced high efficiency gas turbines that can achieve at least #fe-percent combined cycle efficiency or #dg-percent simple cycle efficiency on a lower heating value basis2 and 7#b7 in phase ,,ii1 to develop the conceptual design for advanced high efficiency gas turbines that can achieve at least #fg-percent combined cycle efficiency or #ej-percent simple cycle efficiency on a lower heating value basis4 7d7 ,proposals ,not later than #ahj days after the date of enactment of this section1 the ,secretary shall solicit grant and contract proposals from industry1 small businesses1 universities1 and other appropriate parties for conducting activities under this ,act4 ,in selecting proposals1 the ,secretary shall emphasize-- 7#a7 the extent to which the proposal will stimulate the creation or increased retention of jobs in the ,united ,states2 and 7#b7 the extent to which the proposal will promote and enhance ,united ,states technology leadership4 7e7 ,competitive awards ,the provision of funding under this section shall be on a competitive basis with an emphasis on technical merit4 7f7 ,cost sharing ,section #ihh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceb7 shall apply to an award of financial assistance made under this section4 7g7 ,limits on participation ,the limits on participation applicable under section #iii;,e of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcge7 shall apply to financial assistance awarded under this section4 4 #cajh4 ,rare earth elements ,subtitle ,f of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbia et seq47 is further amended by adding at the end the following3 #igj;,b4 ,rare earth elements 7a7 ,in general ,in coordination with the relevant ,federal agencies1 the ,secretary shall conduct research to develop and assess methods to separate and recover rare earth elements and other strategic minerals and coproducts from coal and coal byproduct streams4 ,the program shall-- 7#a7 develop advanced rare earth element separation and extraction processes using coal-based resources as feedstock materials2 7#b7 assess the technical and economic feasibility of recovering rare earth elements from coal-based resources and validate such feasibility with prototype systems producing salable1 high-purity rare earth elements from coal-based resources2 and 7#c7 assess and mitigate any environmental and public health impacts of recovering rare earth elements from coal-based resources4 7b7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary for activities under this section-- 7#a7 #bc1jjj1jjj for fiscal year #bjba2 7#b7 #bd1aej1jjj for fiscal year #bjbb2 7#c7 #be1ceg1ejj for fiscal year #bjbc2 7#d7 #bf1fbe1cge for fiscal year #bjbd2 and 7#e7 #bg1ief1fdd for fiscal year #bjbe4 4 #caji4 ,methane hydrate research amendments 7a7 ,repeal ,section #b of the ,methane ,hydrate ,research and ,development ,act of #bjjj 7#cj ,u4,s4,c4 #bjja7 is repealed4 7b7 ,development ,section #d of the ,methane ,hydrate ,research and ,development ,act of #bjjj 7#cj ,u4,s4,c4 #bjjc7 is amended by striking and development in each place it occurs4 7c7 ,in general ,section #d7;b7 of the ,methane ,hydrate ,research and ,development ,act of #bjjj 7#cj ,u4,s4,c4 #bjjc7;b77 is amended to read as follows3 7b7 ,grants1 contracts1 cooperative agreements1 interagency funds transfer agreements1 and field work proposals 7#a7 ,assistance and coordination ,in carrying out the program of methane hydrate research authorized by this section1 the ,secretary may award grants1 or enter into contracts or cooperative agreements to-- 7,a7 conduct research to assess and mitigate the environmental impact of natural methane hydrate degassing2 7,b7 conduct research to identify the environmental and health impacts of methane hydrate development2 7,c7 assess and develop technologies to mitigate environmental impacts of natural methane hydrate degassing and to mitigate environmental impacts of the exploration and commercial development of methane hydrates1 including through the avoidance of the use of seismic testing2 or 7,d7 expand education and training programs in methane hydrate research through fellowships or other means for graduate education and training4 7#b7 ,environmental monitoring and research 7,a7 ,in general ,the ,secretary1 ,secretary of ,commerce1 and ,secretary of the ,interior shall conduct a long-term environmental monitoring and research program to study methane hydrates4 7,b7 ,notice and comment ,in developing a plan for long-term environmental monitoring and research under subparagraph 7,a71 the ,secretaries shall publish in the ,federal ,register a notice providing for an opportunity for the public to comment on such plan prior to conducting monitoring and research under such subparagraph4 7#c7 ,competitive peer review ,funds made available to carry out paragraphs 7#a7 and 7#b7 shall be made available based on a competitive process using external scientific peer review of proposed research4 4 7d7 ,responsibilities of the ,secretary ,section #d7;e7 of the ,methane ,hydrate ,research and ,development ,act of #bjjj 7#cj ,u4,s4,c4 #bjjc7;e77 is amended to read as follows3 7e7 ,responsibilities of the ,secretary ,in carrying out subsection 7b77#a71 the ,secretary shall-- 7#a7 facilitate and develop partnerships among government1 industrial enterprises1 and institutions of higher education to research methane hydrates2 7#b7 ensure that the data and information developed through the program are accessible and widely disseminated as needed and appropriate2 7#c7 promote cooperation among agencies that are developing technologies that may hold promise for methane hydrate research2 7#d7 report annually to ,congress on the results of actions taken to carry out this chapter2 and 7#e7 ensure1 to the maximum extent practicable1 greater participation by the ,department of ,energy in international cooperative efforts4 4 7e7 ,conforming amendment ,section #d7;e7 of such ,act 7#cj ,u4,s4,c4 #bjjc7;e77 is amended in the matter preceding paragraph 7#a7 by striking subsection 7b77#a7 and inserting paragraphs 7#a7 and 7#b7 of subsection 7b74 7f7 ,authorization of appropriations ,section #g of such ,act 7#cj ,u4,s4,c4 #bjjf7 is amended to read as follows3 #g4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this ,act #ae1jjj1jjj1 to remain available until expended1 for each of fiscal years #bjba through #bjbe4 4 #caaj4 ,carbon removal ,subtitle ,f of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbia et seq47 is further amended by adding at the end the following3 #igj;,c4 ,carbon removal 7a7 ,establishment ,the ,secretary1 in coordination with the appropriate ,federal agencies1 shall establish a research1 development1 and demonstration program to remove carbon dioxide from the atmosphere on a large scale4 ,the program may include activities in-- 7#a7 direct air capture and storage technologies2 7#b7 enhanced carbon mineralization2 7#c7 bioenergy with carbon capture and sequestration2 7#d7 agricultural and grazing practices2 7#e7 forest management and afforestation2 and 7#f7 planned or managed carbon sinks1 including natural and artificial4 7b7 ,prioritization ,in carrying out the program established in subsection 7a71 the ,secretary shall prioritize-- 7#a7 the activities described in paragraphs 7#a7 and 7#b7 of subsection 7a71 acting through the ,assistant ,secretary for ,fossil ,energy2 7#b7 the activities described in subsection 7a77#c71 acting through the ,assistant ,secretary for ,energy ,efficiency and ,renewable ,energy and the ,assistant ,secretary for ,fossil ,energy2 7#c7 the activities described in subsection 7a77#d71 acting through the ,assistant ,secretary for ,fossil ,energy in consultation with the ,secretary of ,agriculture2 and 7#d7 the activities described in subsection 7a77#e71 acting through the ,assistant ,secretary for ,fossil ,energy in consultation with the ,secretary of ,agriculture4 7c7 ,considerations ,the program under this section shall identify and develop carbon removal technologies and strategies that consider the following3 7#a7 ,land use changes1 including impacts on natural and managed ecosystems4 7#b7 ,ocean acidification4 7#c7 ,net greenhouse gas emissions4 7#d7 ,commercial viability4 7#e7 ,potential for near-term impact4 7#f7 ,potential for carbon reductions on a gigaton scale4 7#g7 ,economic co-benefits4 7d7 ,accounting ,the ,department shall collaborate with the ,environmental ,protection ,agency and other relevant agencies to develop and improve accounting frameworks and tools to accurately measure carbon removal and sequestration methods and technologies across the ,federal ,government4 7e7 ,air ,capture ,technology ,prize ,not later than #a year after the date of enactment of this ,act1 as part of the program carried out under this section1 the ,secretary shall carry out a program to award competitive technology prizes for carbon dioxide capture from ambient air or water4 ,in carrying out this subsection1 the ,secretary shall-- 7#a7 in accordance with section #bd of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgai71 develop requirements for-- 7,a7 the prize competition process2 7,b7 minimum performance standards for projects eligible to participate in the prize competition2 and 7,c7 monitoring and verification procedures for projects selected to receive a prize award2 7#b7 establish minimum levels for the capture of carbon dioxide from ambient air or water that are required to qualify for a prize award2 and 7#c7 offer prize awards for any of the following3 7,a7 ,a design for a promising capture technology that will-- 7i7 be operated on a demonstration scale2 and 7ii7 have the potential to achieve significant reduction in the level of carbon dioxide in the atmosphere4 7,b7 ,a successful bench-scale demonstration of a capture technology4 7f7 ,commercial direct air capture prize 7#a7 ,definitions ,in this subsection3 7,a7 ,qualified carbon dioxide 7i7 ,in general ,the term qualified carbon dioxide means any carbon dioxide that-- 7,i7 is captured directly from the ambient air2 and 7,,ii7 is measured at the source of capture and verified at the point of disposal1 injection1 or utilization4 7ii7 ,inclusion ,the term qualified carbon dioxide includes the initial deposit of captured carbon dioxide used as a tertiary injectant4 7iii7 ,exclusion ,the term qualified carbon dioxide does not include carbon dioxide that is recaptured1 recycled1 and reinjected as part of the enhanced oil and natural gas recovery process4 7,b7 ,qualified direct air capture facility 7i7 ,in general ,subject to clause 7ii71 the term qualified direct air capture facility means any facility that-- 7,i7 uses carbon capture equipment to capture carbon dioxide directly from the ambient air2 and 7,,ii7 captures more than #aj1jjj metric tons of qualified carbon dioxide annually4 7ii7 ,exclusion ,the term qualified direct air capture facility does not include any facility that captures carbon dioxide-- 7,i7 that is deliberately released from naturally occurring subsurface springs2 or 7,,ii7 using natural photosynthesis4 7#b7 ,establishment ,not later than #a year after the date of enactment of this section1 the ,secretary1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 shall establish a commercial direct air capture prize designed to significantly reward commercial applications of direct air capture technologies4 7#c7 ,commercial direct air capture prize program 7,a7 ,awards ,under the prize program1 the ,secretary shall provide financial awards in a competitive setting equally for each ton of qualified carbon dioxide captured by a qualified direct air capture facility until appropriated funds are expended4 ,the prize per metric ton shall not exceed-- 7i7 #ahj for qualified carbon dioxide captured and stored in saline storage formations2 7ii7 a lesser amount as determined by the ,secretary for qualified carbon dioxide captured and stored in conjunction with enhanced oil recovery operations2 or 7iii7 a lesser amount as determined by the ,secretary for qualified carbon dioxide captured and utilized in any activity consistent with section #de,q7f77#e7 of the ,internal ,revenue ,code of #aihf4 7,b7 ,administration 7i7 ,requirements ,not later than #a year after the date of enactment of this section1 the ,administrator1 in consultation with the ,secretary1 shall submit requirements for qualifying metric tons of carbon dioxide4 ,in carrying out this clause1 the ,administrator shall develop specific requirements for-- 7,i7 the process of applying for prizes2 and 7,,ii7 the demonstration of performance of approved projects4 7ii7 ,determination ,for purposes of determining the amount of metric tons of qualified carbon dioxide eligible for prizes under clause 7i71 the amount shall be equal to the net metric tons of carbon dioxide removal demonstrated by the recipient1 subject to the requirements set forth by the ,administrator under such clause4 7,c7 ,schedule of payment ,the ,secretary shall award prizes on an annual basis to qualified direct air capture facilities for metric tons of qualified carbon dioxide captured and verified at the point of disposal1 injection1 or utilization4 7#d7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subsection #bjj1jjj1jjj for the period of fiscal years #bjba through #bjbe1 and #djj1jjj1jjj for the period of fiscal years #bjbf through #bjcj1 to remain available until expended4 7g7 ,direct air capture test center 7#a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,secretary shall award grants to one or more eligible entities for the operation of one or more test centers 7in this subsection1 known as ,centers7 to provide unique testing capabilities for innovative direct air capture and storage technologies4 7#b7 ,purpose ,each ,center shall-- 7,a7 advance research1 development1 demonstration1 and commercial application of direct air capture and storage technologies2 7,b7 support pilot plant and full-scale demonstration projects and test technologies that represent the scale of technology development beyond laboratory testing but not yet advanced to test under operational conditions at commercial scale2 7,c7 develop front-end engineering design and economic analysis2 and 7,d7 maintain a public record of pilot and full-scale plant performance4 7#c7 ,priority criteria ,in selecting applications to operate a ,center under this subsection1 the ,secretary shall prioritize applicants that-- 7,a7 have access to existing or planned research facilities2 7,b7 are institutions of higher education with established expertise in engineering for direct air capture technologies1 or partnerships with such institutions2 or 7,c7 have access to existing research and test facilities for bulk materials design and testing1 component design and testing1 or professional engineering design4 7#d7 ,schedule ,each grant to operate a ,center under this subsection shall be awarded for a term of not more than #e years1 subject to the availability of appropriations4 ,the ,secretary may renew such #e-year term without limit1 subject to a rigorous merit review4 7#e7 ,termination ,to the extent otherwise authorized by law1 the ,secretary may eliminate the center during any #e-year term described in the last paragraph if it is underperforming4 7h7 ,large-scale pilots and demonstrations ,in supporting the technology development activities under this section1 the ,secretary is encouraged to support carbon removal pilot and demonstration projects1 including-- 7#a7 pilot projects that test direct air capture systems capable of capturing #aj to #ajj tonnes of carbon oxides per year to provide data for demonstration-scale projects2 and 7#b7 direct air capture demonstration projects capable of capturing greater than #a1jjj tonnes of carbon oxides per year4 7i7 ,intra-,agency research ,in carrying out the program established in 7a71 the ,secretary shall encourage and promote collaborations among relevant offices and agencies within the ,department4 7j7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary for activities under this section-- 7#a7 #bge1jjj1jjj for fiscal year #bjba1 of which #ae1jjj1jjj are authorized to carry out subsection 7e7 and of which #bjj1jjj1jjj are authorized to carry out subsection 7f72 7#b7 #bfc1jjj1jjj for fiscal year #bjbb1 of which #bjj1jjj1jjj are authorized to carry out subsection 7f72 7#c7 #bff1aej1jjj for fiscal year #bjbc1 of which #bjj1jjj1jjj are authorized to carry out subsection 7f72 7#d7 #bfi1deh1jjj for fiscal year #bjbd1 of which #bjj1jjj1jjj are authorized to carry out subsection 7f72 and 7#e7 #bgb1icj1jjj for fiscal year #bjbe1 of which #bjj1jjj1jjj are authorized to carry out subsection 7f74 4 #caaa4 ,methane leak detection and mitigation ,subtitle ,f of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbia et seq47 is further amended by adding at the end the following3 #igj;,d4 ,methane leak detection and mitigation 7a7 ,in general ,the ,secretary1 in consultation with the ,administrator of the ,environmental ,protection ,agency and other appropriate ,federal agencies1 shall carry out a program of methane leak detection and mitigation research1 development1 demonstration1 and commercial application for technologies and methods that significantly reduce emissions4 ,in carrying out the program1 the ,secretary shall-- 7#a7 develop cooperative agreements with ,state or local governments or private entities to provide technical assistance to-- 7,a7 prevent or respond to methane leaks1 including detection1 mitigation1 and identification of leaks throughout the natural gas infrastructure 7which includes natural gas storage1 pipelines1 and natural gas production sites72 and 7,b7 protect public health in the event of a major methane leak2 7#b7 promote demonstration and adoption of effective methane emissions-reduction technologies in the private sector2 7#c7 in coordination with representatives from private industry1 ,state and local governments1 and institutions of higher education1 create a publicly accessible resource for best practices in the design1 construction1 maintenance1 performance1 monitoring1 and incident response for-- 7,a7 pipeline systems2 7,b7 wells2 7,c7 compressor stations2 7,d7 storage facilities2 and 7,e7 other vulnerable infrastructure2 7#d7 identify high-risk characteristics of pipelines1 wells1 and materials1 geologic risk factors1 or other key factors that increase the likelihood of methane leaks2 and 7#e7 in collaboration with private entities and institutions of higher education1 quantify and map significant geologic methane seeps across the ,united ,states4 7b7 ,considerations ,in carrying out the program under this section1 the ,secretary shall consider the following3 7#a7 ,historical data of methane leaks4 7#b7 ,public health consequences4 7#c7 ,public safety4 7#d7 ,novel materials and designs for pipelines1 compressor stations1 components1 and wells 7including casing1 cement1 wellhead74 7#e7 ,regional geologic traits4 7#f7 ,induced and natural seismicity4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary for activities under this section-- 7#a7 #bb1jjj1jjj for fiscal year #bjba2 7#b7 #bc1ajj1jjj for fiscal year #bjbb2 7#c7 #bd1bee1jjj for fiscal year #bjbc2 7#d7 #be1dfg1gej for fiscal year #bjbd2 and 7#e7 #bf1gda1ach for fiscal year #bjbe4 4 #caab4 ,waste gas utilization ,subtitle ,f of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbia et seq47 is further amended by adding at the end the following3 #igj;,e4 ,waste gas utilization ,the ,secretary shall carry out a program of research1 development1 and demonstration for waste gas utilization4 ,the program shall-- 7#a7 identify and evaluate novel uses for light hydrocarbons1 such as methane1 ethane1 propane1 butane1 pentane1 and hexane1 produced during oil and shale gas production1 including the production of chemicals or transportation fuels2 7#b7 develop advanced gas conversion technologies that are modular and compact1 and may leverage advanced manufacturing technologies2 7#c7 support demonstration activities at operating oil and gas facilities to test the performance and cost-effectiveness of new gas conversion technologies2 and 7#d7 assess and monitor potential changes in life cycle greenhouse gas emissions that may result from the use of technologies developed under this program4 4 #caac4 ,national energy technology laboratory reforms 7a7 ,special hiring authority for scientific1 engineering1 and project management personnel 7#a7 ,in general ,the ,director of the ,national ,energy ,technology ,laboratory shall have the authority to-- 7,a7 make appointments to positions in the ,laboratory to assist in meeting a specific project or research need1 without regard to civil service laws1 of individuals who-- 7i7 have an advanced scientific or engineering background2 or 7ii7 have a business background and can assist in specific technology-to-market needs2 7,b7 fix the basic pay of any employee appointed under this section at a rate not to exceed level ,,ii of the ,executive ,schedule2 and 7,c7 pay any employee appointed under this section payments in addition to basic pay1 except that the total amount of additional payments paid to an employee under this subsection for any #ab-month period shall not exceed the least of-- 7i7 #be1jjj2 7ii7 the amount equal to #be percent of the annual rate of basic pay of that employee2 and 7iii7 the amount of the limitation that is applicable for a calendar year under section #ecjg7;a77#a7 of title #e1 ,united ,states ,code4 7#b7 ,limitations 7,a7 ,in general ,the term of any employee appointed under this section shall not exceed #c years4 7,b7 ,full-time employees ,not more than #aj full-time employees appointed under this subsection may be employed at the ,national ,energy ,technology ,laboratory at any given time4 7b7 ,discretionary research and development 7#a7 ,in general ,the ,secretary shall establish mechanisms under which the ,director of the ,national ,energy ,technology ,laboratory may use an amount that is1 in total1 not less than #b percent and not more than #d percent of all funds available to the ,laboratory for the following purposes3 7,a7 ,to fund innovative research that is conducted at the ,laboratory and supports the mission of the ,department4 7,b7 ,to fund technology development programs that support the transition of technologies developed by the ,laboratory into the commercial market4 7,c7 ,to fund workforce development activities to strengthen external engineering and manufacturing partnerships to ensure safe1 efficient1 productive1 and useful fossil energy technology production4 7,d7 ,to fund the revitalization1 recapitalization1 or minor construction of the ,laboratory infrastructure4 7#b7 ,prioritization ,the ,director shall prioritize innovative experiments and proposals proposed by scientists and researchers at the ,national ,energy ,technology ,laboratory4 7#c7 ,annual report on use of authority ,not later than ,march #a of each year1 the ,secretary shall submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report on the use of the authority under this subsection during the preceding fiscal year4 7c7 ,laboratory operations ,the ,secretary shall delegate human resources operations of the ,national ,energy ,technology ,laboratory to the ,director of the ,national ,energy ,technology ,laboratory4 7d7 ,review ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report assessing the ,national ,energy ,technology ,laboratory's management and research4 ,the report shall include-- 7#a7 an assessment of the quality of science and research at the ,national ,energy ,technology ,laboratory relative to similar work at other national laboratories2 7#b7 a review of the effectiveness of authorities provided in subsections 7a7 and 7b72 and 7#c7 recommendations for policy changes within the ,department and legislative changes to provide the ,national ,energy ,technology ,laboratory the necessary tools and resources to advance its research mission4 #caad4 ,climate ,solutions ,challenges 7a7 ,authority ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,energy shall establish a program to be known as ,fossil ,energy ,climate ,solutions ,challenges for carrying out prize competitions described under subsection 7d7 pursuant to section #bd of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgai7 relating to the climate and energy4 7b7 ,prize committees 7#a7 ,in general ,the ,secretary shall assemble a prize committee that shall define the scope and detail of1 and provide the requirements for1 the prize competitions under this section4 ,such committee may be composed of-- 7,a7 members from the ,office of ,fossil ,energy1 ,advanced ,research ,projects ,energy1 ,office of ,technology ,transitions1 or other offices that most appropriately corresponds with the topic of the prize competition2 and 7,b7 representatives of any other entities1 as determined appropriate by the ,secretary1 including other ,federal agencies1 ,state and local governments1 and the private sector4 7#b7 ,defining topic areas ,the prize committee may modify and define the scope of the prize areas described under subsection 7c71 so long as such modification is in accordance with descriptions in such subsection4 7#c7 ,incentive for prize competition ,the prize committee for each prize competition shall determine the incentive for the prize competition4 ,in determining the incentive1 the committee shall consider-- 7,a7 a cash prize2 7,b7 access to ,government facilities1 such as through a lab-embedded entrepreneurship program of the ,department of ,energy1 a cooperative research and development agreement1 or other method2 7,c7 advance market commitments for technologies of use or promise to the ,federal ,government2 and 7,d7 any other incentive provided for by law4 7#d7 ,judging criteria ,the prize committee for each prize competition shall establish judging criteria for the competition that shall include1 at a minimum-- 7,a7 potential for the solution to become a commercial product or service or advance knowledge to further the public good2 7,b7 consideration of how likely the solution is to lead to subsequent research1 development1 deployment1 or manufacturing in the ,united ,states2 7,c7 the degree to which the solution will lower the climate footprint of the ,united ,states2 and 7,d7 the degree to which the solution will lower the global climate footprint4 7#e7 ,consideration ,in carrying out this section1 the committee shall take into consideration the best practices provided for in the challenges and prizes toolkit made publicly available on ,december #ae1 #bjaf1 by the ,general ,services ,administration4 7c7 ,prize competitions ,in carrying out the program1 the ,secretary shall offer prize awards for any of the following3 7#a7 ,solutions to capture carbon emissions from sources that would otherwise be emitted to the atmosphere4 7#b7 ,solutions to convert carbon emissions to a beneficial use that does not result in near-term re-release into the atmosphere1 unless such re-release offsets the emission of additional carbon into the atmosphere1 such that the net effect of the solution is to reduce the overall amount of carbon being emitted to the atmosphere4 7#c7 ,other solutions that have potential to achieve reduction in greenhouse gas emissions associated with fossil-based energy production4 7d7 ,acceptance of funds ,in addition to such sums as may be appropriated or otherwise made available to the ,secretary to award prizes under this section1 the ,secretary may accept funds from other ,federal agencies1 private sector entities1 and ,state and local governments to award prizes under this section4 ,the ,secretary may not give any special consideration relating to the selection of awards under the prize competition to any private sector entity or individual in return for a donation to the ,secretary or prize committee4 7e7 ,eligibility ,notwithstanding section #bd7;g77#c7 of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgai7;g77#c771 a group may be eligible for an award under this section if one or more members of such group is a citizen or permanent resident of the ,united ,states4 7f7 ,completion of prize competitions ,the prize competitions carried out under this section shall be completed not later than the date that is #e years after the program is established under subsection 7a74 7g7 ,authorization of appropriations ,there is authorized to be appropriated #ae1jjj1jjj to carry out this section1 to remain available until expended4 #caae4 ,carbon dioxide removal task force and report 7a7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,energy 7referred to in this section as the ,secretary71 in consultation with the head of any other relevant ,federal agency1 shall prepare a report that-- 7#a7 estimates the magnitude of excess carbon dioxide in the atmosphere that will need to be removed by #bjej to achieve net-zero emissions and stabilize the climate2 7#b7 inventories current and emerging approaches of carbon dioxide removal and evaluates the advantages and disadvantages of each such approach2 and 7#c7 identifies recommendations for legislation1 funding1 rules1 revisions to rules1 financing mechanisms1 or other policy tools that the ,federal ,government can use to sufficiently advance the deployment of carbon dioxide removal projects in order to meet1 in the aggregate1 the magnitude of needed removals estimated under paragraph 7#a71 including policy tools such as-- 7,a7 grants2 7,b7 loans or loan guarantees2 7,c7 public-private partnerships2 7,d7 direct procurement2 7,e7 incentives1 including subsidized ,federal financing mechanisms available to project developers2 7,f7 advance market commitments2 7,g7 regulations2 and 7,h7 and any other policy mechanism determined by the ,secretary to be beneficial for advancing carbon dioxide removal methods and the deployment of carbon dioxide removal projects4 7b7 ,submission2 publication ,the ,secretary shall submit the report prepared under subsection 7a7 to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and as soon as practicable1 make the report publicly available4 7c7 ,evaluation ,the ,secretary shall-- 7#a7 not later than #b years after the publication of the report under subsection 7a71 and every #b years thereafter1 evaluate the findings and recommendations of the report1 taking into consideration any issues and recommendations identified by the task force established under subsection 7d72 and 7#b7 after each evaluation under paragraph 7#a71 revise the report 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 report4 7d7 ,task force 7#a7 ,establishment and duties ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall establish a task force to-- 7,a7 identify barriers to advancement of carbon dioxide removal methods and the deployment of carbon dioxide removal projects2 7,b7 inventory existing or potential ,federal legislation1 rules1 revisions to rules1 financing mechanisms1 or other policy tools that are capable of advancing carbon dioxide removal methods and the deployment of carbon dioxide removal projects2 7,c7 assist in drafting the report described in subsection 7a7 and any updates thereto2 and 7,d7 advise the ,secretary on matters pertaining to carbon dioxide removal4 7#b7 ,members and selection ,the ,secretary shall-- 7,a7 develop criteria for the selection of members to the task force2 and 7,b7 select members for the task force in accordance with the criteria developed under subparagraph 7,a74 7#c7 ,meetings ,the task force shall meet not less than once each year4 7#d7 ,evaluation ,not later than #g years after the date of enactment of this ,act1 the ,secretary shall-- 7,a7 reevaluate the need for the task force2 and 7,b7 submit to ,congress a recommendation as to whether the task force should continue4 7e7 ,carbon dioxide removal definition ,in this section1 the term carbon dioxide removal means the capture of carbon dioxide directly from ambient air or1 in dissolved form1 from seawater1 combined with the sequestration of such carbon dioxide1 including through direct air capture and sequestration1 enhanced carbon mineralization1 bioenergy with carbon capture and sequestration1 forest restoration1 soil carbon management1 and direct ocean capture4 #caaf4 ,national ,academy of ,sciences study on carbon capture technology 7a7 ,in general ,the ,secretary of ,energy shall enter into an agreement with the ,national ,academy of ,sciences1 ,engineering1 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 technologies4 ,such study shall include a description of the following3 7#a7 ,analysis of the effectiveness of emissions reductions and cost through implementation of carbon capture as compared to transitioning to other low-emissions technologies4 7#b7 ,differences in performance of various carbon capture technologies and storage methods1 including the net amount of carbon dioxide that can be permanently sequestered1 the cost 7in terms of dollar per ton captured_/sequestered7 of each technology1 and the potential to increase the net amount of carbon dioxide captured_/sequestered and lower operational costs4 7#c7 ,barriers1 in terms of cost1 infrastructure1 geology1 aquifers1 and markets1 to ensuring permanent carbon storage including both point of source capture and removal from the atmosphere of captured carbon dioxide4 7#d7 ,analysis of the lifecycle emissions associated with carbon capture technologies1 including construction and operation of the carbon capture technology1 as well as transport1 processing1 and injection of carbon dioxide1 including the permanence of carbon storage and sequestration1 and strategies to reduce those emissions4 ,this should include the amount of carbon dioxide 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 process itself4 7#e7 ,evaluation of the impact of carbon capture technologies on air pollution1 including particulate emissions and ozone precursors1 with specific analysis on the impacts on communities historically overburdened with pollution1 including rural communities4 7b7 ,report ,the agreement under subsection 7a7 shall specify that1 not later than #a year after the date of enactment of this ,act1 the ,national ,academy of ,sciences shall submit to ,congress a report containing the results and findings of study authorized under this section4 #caag4 ,study on ,blue ,hydrogen ,technology 7a7 ,study ,the ,secretary of ,energy shall conduct a study to examine 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 storage4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,energy shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report that describes the results of the study under subsection 7a74 ,b ,controlling methane leaks #cbja4 ,improving the natural gas distribution system 7a7 ,program ,the ,secretary of ,energy shall establish a grant program to provide financial assistance to ,states to offset the incremental rate increases paid by low-income households resulting from the implementation of infrastructure replacement1 repair1 and maintenance programs that are approved by the rate-setting entity and designed to accelerate the necessary replacement1 repair1 or maintenance of natural gas distribution systems4 7b7 ,date of eligibility ,awards may be provided under this section to offset rate increases described in subsection 7a7 occurring on or after the date of enactment of this ,act4 7c7 ,prioritization ,the ,secretary shall collaborate with ,states to prioritize the distribution of grants made under this section4 ,at a minimum1 the ,secretary shall consider prioritizing the distribution of grants to ,states which have-- 7#a7 authorized or adopted enhanced infrastructure replacement programs or innovative rate recovery mechanisms1 such as infrastructure cost trackers and riders1 infrastructure base rate surcharges1 deferred regulatory asset programs1 and earnings stability mechanisms2 and 7#b7 a viable means for delivering financial assistance to low-income households4 7d7 ,auditing and reporting requirements ,the ,secretary shall establish auditing and reporting requirements for ,states with respect to the performance of eligible projects funded pursuant to grants awarded under this section4 7e7 ,prevailing wages ,all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alteration1 or repair work assisted1 in whole or in part1 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 #ca of title #dj4 ,with respect to the labor standards in this subsection1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj4 7f7 ,definitions ,in this section3 7#a7 ,innovative rate recovery mechanisms ,the term innovative rate recovery mechanisms means rate structures that allow ,state public utility commissions to modify tariffs and recover costs of investments in utility replacement incurred between rate cases4 7#b7 ,low-income household ,the term low-income household means a household that is eligible to receive payments under section #bfje7;b77#b7 of the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfbd7;b77#b774 7g7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this section #bej1jjj1jjj in each of fiscal years #bjba through #bjbe4 ,c ,eminent domain reform #ccja4 ,modifications to exercise of the right of eminent domain by holder of a certificate of public convenience and necessity 7a7 ,requirement ,section #g7;h7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f7h77 is amended-- 7#a7 by striking ,when any holder and inserting the following3 7#a7 ,subject to paragraph 7#b71 when any holder 2 and 7#b7 by adding at the end the following new paragraphs3 7#b7 ,a holder of a certificate of public convenience and necessity may not exercise the right of eminent domain under paragraph 7#a7 unless the holder-- 7,a7 obtains all ,federal and ,state permits required by law for the construction and operation of pipeline facilities2 7,b7 complies with all environmental conditions appended to the certificate order2 and 7,c7 is in compliance with subsection 7i77#b74 7#c7 ,a holder of a certificate of public convenience and necessity shall be suspended from the exercise of the right of eminent domain under paragraph 7#a7-- 7,a7 if the holder requests a material amendment to the certificate1 until such time as the conditions in paragraph 7#d7 are satisfied2 or 7,b7 if a ,federal or ,state permit held by the holder is vacated or remanded1 until such time as-- 7i7 all vacated or remanded permits are reinstated or reissued to the holder2 and 7ii7 the holder complies with all environmental conditions appended to the certificate order4 7#d7 ,a holder of a certificate of public convenience and necessity who requests a material amendment to the certificate and has the exercise of the right of eminent domain suspended under paragraph 7#c77;,a7 may not commence a new action or proceeding to exercise the right of eminent domain under paragraph 7#a7 until such time as-- 7,a7 the ,commission issues an amended certificate of public convenience and necessity2 and 7,b7 the holder-- 7i7 obtains all additional ,federal and ,state permits required by law pursuant to the amended certificate2 and 7ii7 complies with all environmental conditions appended to the amended certificate order4 4 7b7 ,access for surveys ,section #g of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f7 is further amended by adding at the end the following3 7i7 7#a7 ,for purposes of subsection 7h71 the exercise of the right of eminent domain does not include accessing property for purposes of surveying prior to acquiring the property1 except in accordance with paragraph 7#b74 7#b7 ,if a holder of a certificate of public convenience and necessity is unable to agree with the owner of property on access to the property for purposes of surveying1 the holder shall enter into the dispute resolution process of the ,commission4 ,if dispute resolution fails1 or if the property owner refuses to participate in such process1 the ,commission may1 upon a showing by the holder of documented repeated1 good faith efforts to work with the property owner to agree on such access1 issue an order declaring that1 upon a court order1 for purposes of the relevant certificate and with respect to the relevant property1 the exercise of the right of eminent domain under subsection 7h7 includes accessing the property1 in a limited1 non-land-disturbing manner1 for purposes of surveying prior to acquiring the property4 4 7c7 ,effective date ,the amendments made by this subtitle shall apply-- 7#a7 to any action or proceeding for eminent domain under section #g7;h77#a7 of the ,natural ,gas ,act1 as amended by this subtitle1 commencing on or after the date of enactment of this ,act2 and 7#b7 to any request for a material amendment to a certificate of public convenience and necessity occurring on or after the date of enactment of this ,act4 ,d ,climate ,smart ,ports #cdja4 ,climate smart ports grant program 7a7 ,establishment ,not later than #f months after the date of enactment of this section1 the ,administrator shall establish a program to award grants to eligible entities to purchase1 and as applicable install1 zero emissions port equipment and technology4 7b7 ,use of grants 7#a7 ,in general ,an eligible entity may use a grant awarded under this section to purchase1 and as applicable install1 zero emissions port equipment and technology4 7#b7 ,prohibited use 7,a7 ,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 infrastructure that is designed for fully automated cargo handling equipment4 7,b7 ,human-operated zero emissions port equipment and technology ,nothing in subparagraph 7,a7 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 technology4 7#c7 ,cost share 7,a7 ,in general ,except as provided in subparagraph 7,b71 an eligible entity may not use a grant awarded under this section to cover more than #gj percent of the cost of purchasing1 and as applicable installing1 zero emissions port equipment and technology4 7,b7 ,certain grants ,with respect to a grant in an amount equal to or greater than #c1jjj1jjj1 an eligible entity may use such grant to cover not more than #he percent of the cost of purchasing and installing zero emissions port equipment and technology if such eligible entity certifies to the ,administrator that-- 7i7 such grant will be used1 at least in part1 to employ laborers or mechanics to install zero emissions port equipment and technology2 and 7ii7 such eligible entity is a party to a project labor agreement or requires that each subgrantee of such eligible entity1 and any subgrantee thereof at any tier1 that performs such installation participate in a project labor agreement4 7#d7 ,project labor ,an eligible entity that uses a grant awarded under this section to install zero emissions port equipment and technology shall ensure1 to the greatest extent practicable1 that any subgrantee of such eligible entity1 and any subgrantee thereof at any tier1 that carries out such installation employs laborers or mechanics for such installation that-- 7,a7 are domiciled not further than #ej miles from such installation2 7,b7 are members of the ,armed ,forces serving on active duty1 separated from active duty1 or retired from active duty2 7,c7 have been incarcerated or served time in a juvenile detention facility2 or 7,d7 have a disability4 7c7 ,wages 7#a7 ,in general ,all laborers and mechanics employed by a subgrantee of an eligible entity1 and any subgrantee thereof at any tier1 to perform construction1 alteration1 installation1 or repair work that is assisted1 in whole or in part1 by a grant awarded under this section shall be paid wages at rates not less than those prevailing on similar construction1 alteration1 installation1 or repair work in the locality as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 7#b7 ,labor standards ,with respect to the labor standards in this subsection1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7d7 ,application 7#a7 ,in general ,to be eligible to be awarded a grant under this section1 an eligible entity shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require4 7#b7 ,priority ,the ,administrator shall prioritize awarding grants under this section to eligible entities based on the following3 7,a7 ,the degree to which the proposed use of the grant will-- 7i7 reduce greenhouse gas emissions2 7ii7 reduce emissions of any criteria pollutant and precursor thereof2 7iii7 reduce hazardous air pollutant emissions2 and 7iv7 reduce public health disparities in communities that receive a disproportionate quantity of air pollution from a port4 7,b7 ,the amount of matching1 non-,federal funds expected to be used by an applicant to purchase1 and as applicable install1 zero emissions port equipment and technology4 7,c7 ,whether the applicant will use such grant to purchase1 and as applicable install1 zero emissions port equipment and technology that is produced in the ,united ,states4 7,d7 ,as applicable1 whether the applicant will meet the utilization requirements for registered apprentices established by the ,secretary of ,labor or a ,state ,apprenticeship ,agency4 7,e7 ,as applicable1 whether the applicant will recruit and retain skilled workers through a ,state-approved joint labor management apprenticeship program4 7e7 ,outreach 7#a7 ,in general ,not later than #ij days after funds are made available to carry out this section1 the ,administrator shall develop and carry out an educational outreach program to promote and explain the grant program established under subsection 7a7 to prospective grant recipients4 7#b7 ,program components ,in carrying out the outreach program developed under paragraph 7#a71 the ,administrator shall-- 7,a7 inform prospective grant recipients how to apply for a grant awarded under this section2 7,b7 describe to prospective grant recipients the benefits of available zero emissions port equipment and technology2 7,c7 explain to prospective grant recipients the benefits of participating in the grant program established under this section2 and 7,d7 facilitate the sharing of best practices and lessons learned between grant recipients and prospective grant recipients with respect to how to apply for and use grants awarded under this section4 7f7 ,reports 7#a7 ,report to ,administrator ,not later than #ij days after the date on which an eligible entity uses a grant awarded under this section1 such eligible entity shall submit to the ,administrator a report containing such information as the ,administrator shall require4 7#b7 ,annual report to ,congress ,not later than ,january #ca1 #bjba1 and annually thereafter1 the ,administrator shall submit to ,congress and make available on the website of the ,environmental ,protection ,agency a report that includes1 with respect to each grant awarded under this section during the preceding calendar year-- 7,a7 the name and location of the eligible entity that was awarded such grant2 7,b7 the amount of such grant that the eligible entity was awarded2 7,c7 the name and location of the port where the zero emissions port equipment and technology that was purchased1 and as applicable installed1 with such grant is used2 7,d7 an estimate of the impact of such zero emissions port equipment and technology on reducing-- 7i7 greenhouse gas emissions2 7ii7 emissions of criteria pollutants and precursors thereof2 7iii7 hazardous air pollutant emissions2 and 7iv7 public health disparities2 and 7,e7 any other information the ,administrator determines necessary to understand the impact of grants awarded under this section4 7g7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this section #a1jjj1jjj1jjj for each of fiscal years #bjba through #bjcj4 7#b7 ,nonattainment areas ,to the extent practicable1 at least #be percent of amounts made available to carry out this section in each fiscal year shall be used to award grants to eligible entities to provide zero emissions port equipment and technology to ports that are in nonattainment areas4 7h7 ,definitions ,in this section3 7#a7 ,active duty ,the term active duty has the meaning given such term in section #aja of title #aj1 ,united ,states ,code4 7#b7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#c7 ,alternative emissions control technology ,the term alternative emissions control technology means a technology1 technique1 or measure that-- 7,a7 captures the emissions of nitrogen oxide1 particulate matter1 reactive organic compounds1 and greenhouse gases from the auxiliary engine and auxiliary boiler of an ocean-going vessel at berth2 7,b7 is verified or approved by a ,state or ,federal air quality regulatory agency2 7,c7 the use of which achieves at least the equivalent reduction of emissions as the use of shore power for an ocean-going vessel at berth2 7,d7 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-- 7i7 #b4h g_/k,w-hr for nitrogen oxide2 7ii7 #j4jc g_/k,w-hr for particulate matter #b4e2 and 7iii7 #j4a g_/k,w-hr for reactive organic compounds2 and 7,e7 reduces the emissions of the auxiliary engine and boiler of an ocean-going vessel at berth by at least #hj percent of the default emissions rate1 which is #ac4h g4 7#d7 ,criteria pollutant ,the term criteria pollutant means each of the following3 7,a7 ,ground-level ozone4 7,b7 ,particulate matter4 7,c7 ,carbon monoxide4 7,d7 ,lead4 7,e7 ,sulfur dioxide4 7,f7 ,nitrogen dioxide4 7#e7 ,distributed energy resource 7,a7 ,in general ,the term distributed energy resource means an energy resource that-- 7i7 is located on or near a customer site2 7ii7 is operated on the customer side of the electric meter2 and 7iii7 is interconnected with the electric grid4 7,b7 ,inclusions ,the term distributed energy resource includes-- 7i7 clean electric generation2 7ii7 customer electric efficiency measures2 7iii7 electric demand flexibility2 and 7iv7 energy storage4 7#f7 ,eligible entity ,the term eligible entity means-- 7,a7 a port authority2 7,b7 a ,state1 regional1 local1 or ,tribal agency that has jurisdiction over a port authority or a port2 7,c7 an air pollution control district or air quality management district2 or 7,d7 a private or nonprofit entity1 applying for a grant awarded under this section in collaboration with another entity described in subparagraphs 7,a7 through 7,c71 that owns or uses cargo or transportation equipment at a port4 7#g7 ,energy storage system ,the term energy storage system means a system1 equipment1 facility1 or technology that-- 7,a7 is capable of absorbing energy1 storing energy for a period of time1 and dispatching the stored energy2 and 7,b7 uses a mechanical1 electrical1 chemical1 electrochemical1 or thermal process to store energy that-- 7i7 was generated at an earlier time for use at a later time2 or 7ii7 was generated from a mechanical process1 and would otherwise be wasted1 for delivery at a later time4 7#h7 ,fully automated cargo handling equipment ,the term fully automated cargo handling equipment means cargo handling equipment that-- 7,a7 is remotely operated or remotely monitored2 and 7,b7 with respect to the use of such equipment1 does not require the exercise of human intervention or control4 7#i7 ,nonattainment area ,the term nonattainment area has the meaning given such term in section #aga of the ,clean ,air ,act 7#db ,u4,s4,c4 #geja74 7#aj7 ,port ,the term port includes a maritime port and an inland port4 7#aa7 ,port authority ,the term port authority means a governmental or quasi-governmental authority formed by a legislative body to operate a port4 7#ab7 ,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 #h7;f7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;f774 7#ac7 ,registered apprentice ,the term registered apprentice means a person who is participating in a registered apprenticeship program4 7#ad7 ,registered apprenticeship program ,the term registered apprenticeship program means a program registered pursuant to the ,act of ,august #af1 #aicg 7commonly known as the 8,national ,apprenticeship ,act02 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq474 7#ae7 ,shore power ,the term shore power means the provision of shoreside electrical power to a ship at berth that has shut down main and auxiliary engines4 7#af7 ,state ,apprenticeship ,agency ,the term ,state ,apprenticeship ,agency has the meaning given such term in section #bi4b of title #bi1 ,code of ,federal ,regulations 7as in effect on ,january #a1 #bjbj74 7#ag7 ,zero emissions port equipment and technology 7,a7 ,in general ,the term zero emissions port equipment and technology means equipment and technology1 including the equipment and technology described in subparagraph 7,b71 that-- 7i7 is used at a port2 and 7ii7 7,i7 produces zero exhaust emissions of-- 7aa7 any criteria pollutant and precursor thereof2 and 7bb7 any greenhouse gas1 other than water vapor2 or 7,,ii7 captures #ajj percent of the exhaust emissions produced by an ocean-going vessel at berth4 7,b7 ,equipment and technology described ,the equipment and technology described in this subparagraph is the following3 7i7 ,any equipment that handles cargo4 7ii7 ,a drayage truck that transports cargo4 7iii7 ,a train that transports cargo4 7iv7 ,port harbor craft4 7v7 ,a distributed energy resource4 7vi7 ,an energy storage system4 7vii7 ,electrical charging infrastructure4 7viii7 ,shore power or an alternative emissions control technology4 7ix7 ,an electric transport refrigeration unit4 ,e ,interagency ,task ,force on ,short-,lived ,climate ,pollutant ,mitigation #ceja4 ,interagency task force on short-lived climate pollutant mitigation 7a7 ,establishment ,not later than #ij days after the date of enactment of this ,act1 the ,president shall establish a task force1 to be known as the ,interagency ,task ,force on ,short-,lived ,climate ,pollutant ,mitigation4 7b7 ,membership ,the members of the ,task ,force shall include the head 7or a designee thereof7 of each of-- 7#a7 the ,department of ,agriculture2 7#b7 the ,department of ,commerce2 7#c7 the ,department of ,defense2 7#d7 the ,department of ,energy2 7#e7 the ,department of ,health and ,human ,services2 7#f7 the ,department of the ,interior2 7#g7 the ,department of ,state2 7#h7 the ,department of ,transportation2 7#i7 the ,environmental ,protection ,agency2 7#aj7 the ,national ,oceanic and ,atmospheric ,administration2 7#aa7 the ,council on ,environmental ,quality2 7#ab7 the ,united ,states ,agency for ,international ,development2 and 7#ac7 any other ,federal agency the ,president determines appropriate4 7c7 ,duties ,the ,task ,force shall-- 7#a7 review the policy recommendations made by-- 7,a7 the ,intergovernmental ,panel on ,climate ,change2 7,b7 the ,united ,states ,climate ,alliance2 7,c7 the ,interagency ,strategy to ,reduce ,methane ,emissions2 7,d7 the ,council on ,climate ,preparedness and ,resilience2 and 7,e7 the ,clean ,cooking ,alliance2 7#b7 develop an action plan to reduce short-lived climate pollutants that incorporates any appropriate proposals or recommendations made by the entities referred to in paragraph 7#a7 that are relevant to short-lived climate pollutants2 7#c7 identify any ,federal program that is1 or could be1 relevant to reducing short-lived climate pollutants-- 7,a7 in the ,united ,states2 or 7,b7 worldwide2 7#d7 identify overlapping and duplicative ,federal programs addressing short-lived climate pollutants that would benefit from consolidation and streamlining2 7#e7 identify gaps and serious deficiencies in ,federal programs targeted at short-lived climate pollutants1 including gaps and deficiencies that can be addressed through a combination of assessment1 scientific research1 monitoring1 and technological development activities1 with an emphasis on-- 7,a7 industry standards2 and 7,b7 public-private partnerships2 7#f7 in developing recommendations1 consult with affected stakeholders in private industry2 and 7#g7 not later than #ah months after the date of enactment of this ,act1 submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report describing the findings and recommendations resulting from the activities described in paragraphs 7#a7 through 7#f74 ,f ,black ,carbon #cfja4 ,reduction of black carbon emissions 7a7 ,comprehensive plan 7#a7 ,in general ,the ,administrator of the ,environmental ,protection ,agency 7in this section referred to as the ,administrator71 in consultation with the ,secretary of ,energy1 the ,secretary of ,state1 the ,secretary of ,transportation1 the ,secretary of ,commerce1 and the ,commandant of the ,coast ,guard1 shall develop a comprehensive plan to reduce black carbon emissions from ships based on appropriate emissions data from oceangoing vessels4 ,the plan shall provide for such reduction through-- 7,a7 a clean freight partnership2 7,b7 limits on black carbon emissions2 and 7,c7 efforts that include protection of access to critical fuel shipments and emergency needs of coastal communities4 7#b7 ,roadmap ,a principal objective of the plan developed pursuant to paragraph 7#a7 shall be the establishment1 in coordination with the ,secretary of ,state1 of a roadmap for helping countries to reduce fine-particle 7,,pm#b4e7 and black carbon emissions in the shipping sector through-- 7,a7 the installation of advanced emissions controls2 7,b7 the reduction of sulfur content in fuels2 and 7,c7 the adoption of black carbon control policies4 7b7 ,black carbon emissions reduction goals ,the ,administrator1 in coordination with the ,secretary of ,state1 and other relevant ,federal agencies1 shall-- 7#a7 lead an effort to reduce black carbon through an ,arctic-wide aspirational black carbon goal2 and 7#b7 encourage observers of the ,arctic ,council 7including ,india and ,china7 to adopt mitigation plans consistent with the findings and recommendations of the ,arctic ,council's ,framework for ,action on ,black ,carbon and ,methane4 7c7 ,climate and clean air coalition ,the ,administrator1 in coordination with the ,secretary of ,state1 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 activities4 7d7 ,black carbon mitigation activities 7#a7 ,prioritization ,the ,administrator of the ,united ,states ,agency for ,international ,development1 in cooperation with the ,administrator1 shall-- 7,a7 encourage black carbon mitigation activities as part of official development assistance and programmatic activities2 7,b7 give special emphasis to projects that produce substantial environmental1 gender1 livelihood1 and public health benefits1 including support for clean-burning cookstoves and fuels2 and 7,c7 work with the ,global ,alliance for ,clean ,cookstoves to help developing nations establish thriving markets for clean and efficient cooking solutions4 7#b7 ,emissions reductions ,the ,secretary of ,state1 in collaboration with the ,administrator1 the ,secretary of ,energy1 and the ,secretary of ,transportation1 shall provide aid to international efforts to reduce black carbon emissions from diesel trucks and ships1 #b-stroke engines1 diesel generators1 and industrial processes by providing technical assistance-- 7,a7 to help developing nations lower the sulfur content of diesel fuels2 7,b7 to expand access to diesel particulate filters2 7,c7 to provide vehicle manufacturers with low- and zero-emission engine designs2 7,d7 to deploy on-road1 off-road1 and shore-side infrastructure to support zero-emission engine technologies2 7,e7 to develop other mitigation activities1 including energy efficiency alternatives for generators and industrial processes2 and 7,f7 to reduce ammonia emissions from agriculture4 ,,iv ,nuclear ,energy ,a ,advanced nuclear fuel availability #daja4 ,program 7a7 ,establishment ,the ,secretary shall establish and carry out1 through the ,office of ,nuclear ,energy1 a program to support the availability of ,,ha-,,leu for civilian domestic demonstration and commercial use4 7b7 ,program elements ,in carrying out the program under subsection 7a71 the ,secretary-- 7#a7 shall develop1 in consultation with the ,commission1 criticality benchmark data to assist the ,commission in-- 7,a7 the licensing and regulation of category ,,ii spent nuclear material fuel fabrication and enrichment facilities under part #gj of title #aj1 ,code of ,federal ,regulations2 and 7,b7 certification of transportation packages under part #ga of title #aj1 ,code of ,federal ,regulations2 7#b7 may conduct research and development1 and provide financial assistance to assist commercial entities1 to design and license transportation packages for ,,ha-,,leu1 including canisters for metal1 gas1 and other ,,ha-,,leu compositions2 7#c7 shall1 to the extent practicable-- 7,a7 by ,january #a1 #bjbd1 have commercial entities submit such transportation package designs to the ,commission for certification by the ,commission under part #ga of title #aj1 ,code of ,federal ,regulations2 and 7,b7 encourage the ,commission to have such transportation package designs so certified by the ,commission by ,january #a1 #bjbf2 7#d7 shall consider options for acquiring or providing ,,ha-,,leu from a stockpile of uranium owned by the ,department1 or using enrichment technology1 to make available to members of the consortium established pursuant to paragraph 7#f7 for commercial use or demonstration projects1 taking into account cost and amount of time required1 and prioritizing methods that would produce usable ,,ha-,,leu the quickest1 including options for acquiring or providing ,,ha-,,leu-- 7,a7 that-- 7i7 directly meets the needs of an end user2 and 7ii7 has been previously used or fabricated for another purpose2 7,b7 that meets the needs of an end user after having radioactive or other contaminants that resulted from a previous use or fabrication of the fuel for research1 development1 demonstration1 or deployment activities of the ,department removed2 7,c7 that is produced from high-enriched uranium that is blended with lower assay uranium to become ,,ha-,,leu to meet the needs of an end user2 7,d7 that is produced by ,united ,states or foreign-owned commercial entities2 or 7,e7 that does not require extraction of uranium or development of uranium from lands managed by the ,federal ,government1 cause harm to the natural or cultural resources of ,tribal communities or sovereign ,native ,nations1 or result in degraded ground or surface water quality on publicly managed or privately owned lands2 7#e7 not later than #a year after the date of enactment of this ,act1 and biennially thereafter1 shall conduct a survey of stakeholders to estimate the quantity of ,,ha-,,leu necessary for domestic commercial use for each of the #e subsequent years2 7#f7 shall establish a consortium1 which may include entities involved in any stage of the nuclear fuel cycle1 to partner with the ,department to support the availability of ,,ha-,,leu for civilian domestic demonstration and commercial use1 including by-- 7,a7 providing information to the ,secretary for purposes of surveys conducted under paragraph 7#e72 7,b7 purchasing ,,ha-,,leu made available to members of the consortium by the ,secretary under the program2 and 7,c7 carrying out demonstration projects using ,,ha-,,leu awarded by the ,secretary under the program2 7#g7 shall1 prior to acquiring or providing ,,ha-,,leu under paragraph 7#h71 in coordination with the consortium established pursuant to paragraph 7#f71 develop a schedule for cost recovery of ,,ha-,,leu made available to members of the consortium using ,,ha-,,leu for commercial use pursuant to paragraph 7#h72 7#h7 shall1 beginning not later than #c years after the establishment of a consortium under paragraph 7#f71 have the capability to acquire or provide ,,ha-,,leu1 in order to make such ,,ha-,,leu available to members of the consortium beginning not later than ,january #a1 #bjbf1 in amounts that are consistent1 to the extent practicable1 with-- 7,a7 the quantities estimated under the surveys conducted under paragraph 7#e72 plus 7,b7 the quantities necessary for demonstration projects carried out under the program1 as determined by the ,secretary2 and 7#i7 shall1 for advanced reactor demonstration projects1 determine awardees of ,,ha-,,leu under this subtitle through a merit-based1 competitive selection process4 7c7 ,applicability of ,,usec ,privatization ,act 7#a7 ,sale or transfer to consortium ,the requirements of subparagraphs 7,a7 and 7,c7 of section #caab7;d77#b7 of the ,,usec ,privatization ,act 7#db ,u4,s4,c4 #bbig;h-#aj7;d77#b77 shall apply to a sale or transfer of ,,ha-,,leu for commercial use by the ,secretary to a member of the consortium under this section4 7#b7 ,demonstration ,,ha-,,leu made available to members of the consortium established pursuant to subsection 7b77#f7 for demonstration projects shall remain the property of the ,department1 which shall be responsible for the storage1 use1 and disposition of all radioactive waste created by the irradiation1 processing1 or purification of such uranium1 and shall not be treated as a sale or transfer of uranium subject to sections #caab and #caac of the ,,usec ,privatization ,act 7#db ,u4,s4,c4 #bbig;h-#aj2 #db ,u4,s4,c4 #bbig;h-#aa74 7d7 ,,doe acquisition of ,,ha-,,leu ,the ,secretary may not make commitments under this section 7including cooperative agreements 7used in accordance with section #fcje of title #ca1 ,united ,states ,code71 purchase agreements1 guarantees1 leases1 service contracts1 or any other type of commitment7 for the purchase or other acquisition of ,,ha-,,leu unless funds are specifically provided for such purposes in advance in subsequent appropriations ,acts1 and only to the extent that the full extent of anticipated costs stemming from such commitments is recorded as an obligation up front and in full at the time it is made4 7e7 ,sunset ,the authority of the ,secretary to carry out the program under this section shall expire on the earlier of-- 7#a7 ,september #cj1 #bjcd2 or 7#b7 #ij days after the date on which ,,ha-,,leu is available to provide a reliable and adequate supply for civilian domestic advanced nuclear reactors in the commercial market4 7f7 ,limitation ,the ,secretary shall not barter or otherwise sell or transfer uranium in any form in exchange for services relating to the final disposition of radioactive waste from uranium that is made available under this section4 #dajb4 ,reports to ,congress 7a7 ,commission report on necessary regulatory updates ,not later than #ab months after the date of enactment of this ,act1 the ,commission shall submit to ,congress a report that includes-- 7#a7 identification of updates to regulations1 certifications1 and other regulatory policies that the ,commission determines are necessary in order for ,,ha-,,leu to be commercially available1 including-- 7,a7 guidance for material control and accountability of category ,,ii special nuclear material2 7,b7 certifications relating to transportation packaging for ,,ha-,,leu2 and 7,c7 licensing of enrichment1 conversion1 and fuel fabrication facilities for ,,ha-,,leu1 and associated physical security plans for such facilities2 7#b7 a description of such updates2 and 7#c7 a timeline to complete such updates4 7b7 ,,doe report on program to support the availability of ,,ha-,,leu for civilian domestic demonstration and commercial use 7#a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,secretary shall submit to ,congress a report that describes actions proposed to be carried out by the ,secretary under the program described in section #daja7;a74 7#b7 ,coordination and stakeholder input ,in developing the report under this subsection1 the ,secretary shall consult with-- 7,a7 the ,nuclear ,regulatory ,commission2 7,b7 the ,national ,nuclear ,security ,administration2 7,c7 the ,national ,laboratories2 7,d7 institutions of higher education2 7,e7 a diverse group of entities from the nuclear energy industry2 7,f7 a diverse group of technology developers2 7,g7 experts in nuclear nonproliferation1 environmental safety1 public health and safety1 and economics2 and 7,h7 members of the consortium created under section #daja7;b77#f74 7#c7 ,cost and schedule estimates ,the report under this subsection shall include estimated costs1 budgets1 and timeframes for all activities carried out under this subtitle4 7#d7 ,required evaluations ,the report under this subsection shall evaluate-- 7,a7 the actions required to establish and carry out the program under section #daja7;a7 and the cost of such actions1 including with respect to-- 7i7 proposed preliminary terms for contracting between the ,department and recipients of ,,ha-,,leu under the program 7including guidelines defining the roles and responsibilities between the ,department and the recipient72 and 7ii7 the potential to coordinate with recipients of ,,ha-,,leu under the program regarding-- 7,i7 fuel fabrication2 and 7,,ii7 fuel transport2 7,b7 the potential sources and fuel forms available to provide uranium for the program under section #daja7;a72 7,c7 options to coordinate the program under section #daja7;a7 with the operation of the versatile1 reactor-based fast neutron source under section #iei;,a of the ,energy ,policy ,act of #bjje 7as added by this title72 7,d7 the ability of uranium producers to provide materials for advanced nuclear reactor fuel2 7,e7 any associated legal1 regulatory1 and policy issues that should be addressed to enable-- 7i7 implementation of the program under section #daja7;a72 and 7ii7 the establishment of an industry capable of providing ,,ha-,,leu2 and 7,f7 any research and development plans to develop criticality benchmark data under section #daja7;b77#a71 if needed4 7c7 ,alternate fuels report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall1 after consulting with relevant entities1 including ,national ,laboratories1 institutions of higher education1 and technology developers1 submit to ,congress a report identifying any and all options for providing nuclear material1 containing isotopes other than the uranium-#bce isotope1 such as uranium-#bcc and thorium-#bcb to be used as fuel for advanced nuclear reactor research1 development1 demonstration1 or commercial application purposes4 #dajc4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subtitle-- 7#a7 #ca1ejj1jjj for fiscal year #bjba2 7#b7 #cc1jge1jjj for fiscal year #bjbb2 7#c7 #cd1gbh1gej for fiscal year #bjbc2 7#d7 #cf1dfe1ahh for fiscal year #bjbd2 and 7#e7 #ch1bhh1ddg for fiscal year #bjbe4 #dajd4 ,definitions ,in this subtitle3 7#a7 ,commission ,the term ,commission means the ,nuclear ,regulatory ,commission4 7#b7 ,department ,the term ,department means ,department of ,energy4 7#c7 ,,ha-,,leu ,the term ,,ha-,,leu means high-assay low-enriched uranium4 7#d7 ,high-assay low-enriched uranium ,the term high-assay low-enriched uranium means uranium having an assay greater than #e4j weight percent and less than #bj4j weight percent enrichment of the uranium-#bce isotope4 7#e7 ,high-enriched uranium ,the term high-enriched uranium means uranium with an assay of #bj4j weight percent enrichment or more of the uranium-#bce isotope4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 ,b ,nuclear ,energy ,leadership ,act #dbja4 ,definitions ,section #iea7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga7;b77 is amended-- 7#a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,advanced nuclear reactor ,the term advanced nuclear reactor means-- 7,a7 a nuclear fission reactor1 including a prototype plant 7as defined in sections #ej4b and #eb4a of title #aj1 ,code of ,federal ,regulations 7or successor regulations771 with significant improvements compared to reactors operating on the date of enactment of the ,clean ,economy ,jobs and ,innovation ,act1 including improvements such as-- 7i7 additional inherent safety features2 7ii7 lower waste yields2 7iii7 improved fuel and material performance2 7iv7 increased tolerance to loss of fuel cooling2 7v7 enhanced reliability2 7vi7 increased proliferation resistance2 7vii7 increased thermal efficiency2 7viii7 reduced consumption of cooling water and other environmental impacts2 7ix7 the ability to integrate into electric applications and nonelectric applications2 7x7 modular sizes to allow for deployment that corresponds with the demand for electricity or process heat2 7xi7 operational flexibility to respond to changes in demand for electricity or process heat and to complement integration with intermittent renewable energy or energy storage2 or 7xii7 improved resilience2 and 7,b7 a fusion reactor4 2 and 7#b7 by adding at the end the following3 7#g7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 4 #dbjb4 ,nuclear energy research1 development1 demonstration1 and commercial application programs 7a7 ,reactor concepts research1 development1 and demonstration ,section #ieb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgb7 is amended to read as follows3 #ieb4 ,reactor concepts research1 development1 demonstration1 and commercial application 7a7 ,sustainability program for light water reactors 7#a7 ,in general ,the ,secretary shall carry out a program of research1 development1 demonstration1 and commercial application to support existing operating nuclear power plants which shall address technologies to modernize and improve1 with respect to such plants-- 7,a7 reliability2 7,b7 capacity2 7,c7 component aging2 7,d7 safety2 7,e7 physical security and security costs2 7,f7 plant lifetime2 7,g7 operations and maintenance costs1 including by utilizing risk-informed systems analysis2 7,h7 the ability for plants to operate flexibly2 7,i7 nuclear hybrid energy system applications described in subsection 7c72 7,j7 efficiency2 7,k7 environmental impacts2 and 7,l7 resilience4 7#b7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out the program under this subsection-- 7,a7 #ee1jjj1jjj for fiscal year #bjba2 7,b7 #eg1gej1jjj for fiscal year #bjbb2 7,c7 #fj1fcg1ejj for fiscal year #bjbc2 7,d7 #fc1ffi1cge for fiscal year #bjbd2 and 7,e7 #ff1heb1hdd for fiscal year #bjbe4 7#c7 ,report ,the ,secretary shall submit annually a public report to the ,congressional ,committees of ,jurisdiction documenting funds spent under the program1 including those that could benefit the entirety of the existing reactor fleet1 such as with respect to aging management and related sustainability concerns1 and identifying funds awarded to private entities4 7b7 ,advanced reactor technologies 7#a7 ,in general ,the ,secretary shall carry out a program of research1 development1 demonstration1 and commercial application to support advanced reactor technologies4 7#b7 ,requirements ,in carrying out the program under this subsection1 the ,secretary shall-- 7,a7 prioritize designs for advanced nuclear reactors that are proliferation resistant and passively safe1 including designs that1 compared to reactors operating on the date of enactment of the ,clean ,economy ,jobs and ,innovation ,act-- 7i7 are economically competitive with other electric power generation plants2 7ii7 have higher efficiency1 lower cost1 less environmental impacts1 increased resilience1 and improved safety2 7iii7 use fuels that are proliferation-resistant and have reduced production of high-level waste per unit of output2 and 7iv7 use advanced instrumentation and monitoring systems2 7,b7 consult with the ,nuclear ,regulatory ,commission on appropriate metrics to consider for the criteria specified in subparagraph 7,a72 7,c7 support research and development to resolve materials challenges relating to extreme environments1 including environments that contain high levels of-- 7i7 radiation fluence2 7ii7 temperature2 7iii7 pressure2 and 7iv7 corrosion2 7,d7 support research and development to aid in the qualification of advanced fuels1 including fabrication techniques2 7,e7 support activities that address near-term challenges in modeling and simulation to enable accelerated design of and licensing of advanced nuclear reactors1 including the identification of tools and methodologies for validating such modeling and simulation efforts2 7,f7 develop technologies1 including technologies to manage1 reduce1 or reuse nuclear waste2 7,g7 ensure that nuclear research infrastructure is maintained or constructed1 including-- 7i7 currently operational research reactors at the ,national ,laboratories and institutions of higher education2 7ii7 hot cell research facilities2 7iii7 a versatile fast neutron source2 and 7iv7 advanced coolant testing facilities1 including coolants such as lead1 sodium1 gas1 and molten salt2 7,h7 improve scientific understanding of nonlight water coolant physics and chemistry2 7,i7 develop advanced sensors and control systems1 including the identification of tools and methodologies for validating such sensors and systems2 7,j7 investigate advanced manufacturing and advanced construction techniques and materials to reduce the cost of advanced nuclear reactors1 including the use of digital twins and of strategies to implement project and construction management best practices1 and study the effects of radiation and corrosion on materials created with these techniques2 7,k7 consult with the ,administrator of the ,national ,nuclear ,security ,administration to integrate reactor safeguards and security into design2 7,l7 support efforts to reduce any technical barriers that would prevent commercial application of advanced nuclear energy systems2 and 7,m7 develop various safety analyses and emergency preparedness and response methodologies4 7#c7 ,coordination ,the ,secretary shall coordinate with individuals engaged in the private sector and individuals who are experts in nuclear non-proliferation1 environmental and public health and safety1 and economics to advance the development of various designs of advanced nuclear reactors4 ,in carrying out this paragraph1 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 program4 7#d7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out the program under this subsection #ee1jjj1jjj for each of fiscal years #bjba through #bjbe4 7c7 ,nuclear hybrid energy systems research1 development1 demonstration1 and commercial application program 7#a7 ,in general ,the ,secretary shall carry out a program of research1 development1 demonstration1 and commercial application to develop nuclear hybrid energy systems1 composed of #b or more colocated or jointly operated subsystems of energy generation1 energy storage1 or other technologies and in which not less than #a such subsystem is a nuclear energy system1 to reduce greenhouse gas emissions in both the power and nonpower sectors4 7#b7 ,coordination ,in carrying out the program under paragraph 7#a71 the ,secretary shall coordinate with relevant program offices within the ,department of ,energy4 7#c7 ,focus areas ,the program under paragraph 7#a7 may include research1 development1 demonstration1 or commercial application of nuclear hybrid energy systems with respect to-- 7,a7 desalination of water2 7,b7 hydrogen or other liquid and gaseous fuel or chemical production2 7,c7 heat for industrial processes2 7,d7 district heating2 7,e7 heat or electricity generation and storage2 7,f7 carbon capture1 use1 utilization1 and storage2 7,g7 microgrid or island applications2 7,h7 integrated systems modeling1 analysis1 and optimization1 inclusive of different configurations of hybrid energy systems2 and 7,i7 integrated design1 planning1 building1 and operation of systems with existing infrastructure1 including interconnection requirements with the electric grid1 as appropriate4 7#d7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out the program under this subsection-- 7,a7 #eb1ejj1jjj for fiscal year #bjba2 7,b7 #ee1abe1jjj for fiscal year #bjbb2 7,c7 #eg1hha1bej for fiscal year #bjbc2 7,d7 #fj1gge1cac for fiscal year #bjbd2 and 7,e7 #fc1had1jgh for fiscal year #bjbe4 4 7b7 ,fuel cycle research and development ,section #iec of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgc7 is amended to read as follows3 #iec4 ,fuel cycle research1 development1 demonstration1 and commercial application 7a7 ,used nuclear fuel research1 development1 demonstration1 and commercial application 7#a7 ,in general ,the ,secretary shall conduct an advanced fuel cycle research1 development1 demonstration1 and commercial application program that improves fuel cycle performance and supports a variety of options for used nuclear fuel storage1 use1 and disposal1 including advanced nuclear reactor and non-reactor concepts 7such as radioisotope power systems71 while minimizing environmental and public health and safety impacts1 including-- 7,a7 dry cask storage2 7,b7 consolidated interim storage2 7,c7 deep geological storage and disposal1 including mined repository1 and other technologies2 7,d7 used nuclear fuel transportation2 7,e7 integrated waste management systems2 7,f7 vitrification2 7,g7 fuel recycling and transmutation technologies1 including advanced reprocessing technologies such as electrochemical and molten salt technologies1 and advanced redox extraction technologies2 7,h7 advanced materials to be used in subparagraphs 7,a7 through 7,g72 and 7,i7 other areas as determined by the ,secretary4 7#b7 ,requirements ,in carrying out the program under this subsection1 the ,secretary shall-- 7,a7 ensure all activities and designs incorporate state of the art safeguards technologies and techniques to reduce risk of proliferation2 7,b7 consult with the ,administrator of the ,national ,nuclear ,security ,administration to integrate safeguards and security by design2 7,c7 consider the potential benefits and other impacts of those activities for civilian nuclear applications1 environmental health and safety1 and national security1 including consideration of public consent2 and 7,d7 consider the economic viability of all activities and designs4 7#c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out the program under this subsection-- 7,a7 #ia1hge1jjj for fiscal year #bjba2 7,b7 #if1dfh1gej for fiscal year #bjbb2 7,c7 #aja1bib1ahh for fiscal year #bjbc2 7,d7 #ajf1cef1gig for fiscal year #bjbd2 and 7,e7 #aaa1fgd1fcg for fiscal year #bjbe4 7b7 ,advanced fuels 7#a7 ,in general ,the ,secretary shall conduct an advanced fuels research1 development1 demonstration1 and commercial application program on next-generation light water reactor and advanced reactor fuels that demonstrate the potential for improved-- 7,a7 performance2 7,b7 accident tolerance2 7,c7 proliferation resistance2 7,d7 use of resources2 7,e7 environmental impact2 and 7,f7 economics4 7#b7 ,requirements ,in carrying out the program under this subsection1 the ,secretary shall-- 7,a7 focus on the development of advanced technology fuels1 including fabrication techniques1 that offer improved accident-tolerance and economic performance with the goal of initial commercial application by ,december #ca1 #bjbe2 and 7,b7 cooperate with private industry and with institutions of higher education through the ,nuclear ,energy ,university and ,integrated ,research ,projects programs of the ,department4 7#c7 ,report ,not later than #ahj days after the date of enactment of this section1 the ,secretary shall submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report that describes how the technologies and concepts studied under this program would impact reactor economics1 the fuel cycle1 operations1 safety1 proliferation1 and the environment4 7#d7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out the program under this subsection-- 7,a7 #acc1jjj1jjj for fiscal year #bjba2 7,b7 #aci1fej1jjj for fiscal year #bjbb2 7,c7 #adf1fcb1ejj for fiscal year #bjbc2 7,d7 #aec1ifd1abe for fiscal year #bjbd2 and 7,e7 #afa1ffb1cca for fiscal year #bjbe4 4 7c7 ,nuclear science and engineering support ,section #ied of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgd7 is amended-- 7#a7 in the section heading1 by striking ,university nuclear and inserting ,nuclear2 7#b7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a71 by striking this section and inserting this subsection2 and 7,b7 by redesignating paragraphs 7#a7 through 7#e7 as subparagraphs 7,a7 through 7,e71 respectively1 and indenting appropriately2 7#c7 in subsection 7c71 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and indenting appropriately2 7#d7 in subsection 7d7-- 7,a7 in the matter preceding paragraph 7#a71 by striking this section and inserting this subsection2 and 7,b7 by redesignating paragraphs 7#a7 through 7#d7 as subparagraphs 7,a7 through 7,d71 respectively1 and indenting appropriately2 7#e7 in subsection 7e71 by striking this section and inserting this subsection2 7#f7 in subsection 7f7-- 7,a7 by striking this section and inserting this subsection2 and 7,b7 by striking subsection 7b77#b7 and inserting paragraph 7#b77;,b72 7#g7 by redesignating subsections 7a7 through 7d7 as paragraphs 7#a7 through 7#d71 respectively1 and indenting appropriately2 7#h7 by redesignating subsections 7e7 and 7f7 as paragraphs 7#g7 and 7#h71 respectively2 7#i7 by inserting after paragraph 7#d7 7as so redesignated7 the following3 7#e7 ,radiological facilities management 7,a7 ,in general ,the ,secretary shall carry out a program under which the ,secretary shall provide project management1 technical support1 quality engineering and inspection1 and nuclear material handling support to research reactors located at universities4 7,b7 ,authorization of appropriations ,of any amounts appropriated to carry out the program under this subsection1 there are authorized to be appropriated to the ,secretary to carry out the program under this paragraph #bj1jjj1jjj for each of fiscal years #bjba through #bjcj4 7#f7 ,nuclear energy university program ,in carrying out the programs under this section1 the ,department shall allocate #bj percent of funds appropriated to nuclear energy research and development programs annually to fund university-led research and university infrastructure projects through an open1 competitive solicitation process4 2 7#aj7 by inserting before paragraph 7#a7 7as so redesignated7 the following3 7a7 ,university nuclear science and engineering support 2 and 7#aa7 by adding at the end the following3 7b7 ,nuclear energy apprenticeship subprogram 7#a7 ,establishment ,in carrying out the program under subsection 7a71 the ,secretary shall establish a nuclear energy apprenticeship subprogram under which the ,secretary shall competitively award traineeships and apprenticeships in coordination with universities to provide focused1 advanced training to meet critical mission needs of the ,department1 including in industries that are represented by skilled labor unions4 7#b7 ,requirements ,in carrying out the subprogram under this subsection1 the ,secretary shall-- 7,a7 encourage appropriate partnerships among ,national ,laboratories1 affected universities1 and industry2 and 7,b7 on an annual basis1 evaluate the needs of the nuclear energy community to implement traineeships for focused topical areas addressing mission-specific workforce needs4 7#c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out the subprogram under this subsection #e1jjj1jjj for each of fiscal years #bjba through #bjcj4 4 7d7 ,conforming amendment ,the table of contents of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #fjj7 is amended by striking the items relating to sections #ieb through #ied and inserting the following3 ,sec4 #ieb4 ,reactor concepts research1 development1 demonstration1 and commercial application4 ,sec4 #iec4 ,fuel cycle research1 development1 demonstration1 and commercial application ,sec4 #ied4 ,nuclear science and engineering support4 4 7e7 ,university nuclear leadership program ,section #cac of the ,omnibus ,appropriations ,act1 #bjji 7#db ,u4,s4,c4 #afbgd;a71 is amended to read as follows3 #cac4 ,university nuclear leadership program 7a7 ,in general ,in carrying out section #ied of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgd71 the ,secretary of ,energy shall support a program to be known as the ,university ,nuclear ,leadership ,program 7in this section referred to as the ,program74 7b7 ,use of funds 7#a7 ,in general ,except as provided in paragraph 7#b71 amounts made available to carry out the ,program shall be used to provide financial assistance for scholarships1 fellowships1 and research and development projects at institutions of higher education with respect to research1 development1 demonstration1 and commercial application activities relevant to civilian advanced nuclear reactors including1 but not limited to-- 7,a7 relevant fuel cycle technologies2 7,b7 project management2 and 7,c7 advanced construction1 manufacturing1 and fabrication methods4 7#b7 ,exception ,notwithstanding paragraph 7#a71 amounts made available to carry out the ,program may be used to provide financial assistance for a scholarship1 fellowship1 or multiyear research and development project that does not align directly with a programmatic mission of the ,department of ,energy1 if the activity for which assistance is provided would facilitate the maintenance of the discipline of nuclear science or nuclear engineering4 7c7 ,authorization of appropriations ,there are authorized to be appropriated #ae1jjj1jjj to the ,secretary of ,energy to carry out the ,program for each of fiscal years #bjba through #bjcj4 4 7f7 ,versatile neutron source ,section #iee7;c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbge7;c77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the paragraph heading1 by striking ,,mission ,,need and inserting ,,authorization2 and 7,b7 in subparagraph 7,a71 by striking determine the mission need and inserting provide2 and 7#b7 by adding at the end the following3 7#g7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out to completion the construction of the facility under this section-- 7,a7 #cjj1jjj1jjj for fiscal year #bjba2 7,b7 #eej1jjj1jjj for fiscal year #bjbb2 7,c7 #fch1jjj1jjj for fiscal year #bjbc2 7,d7 #gfe1jjj1jjj for fiscal year #bjbd2 and 7,e7 #gfc1jjj1jjj for fiscal year #bjbe4 4 7g7 ,advanced nuclear reactor research1 development1 and demonstration program 7#a7 ,in general ,subtitle ,e of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga et seq47 is amended by adding at the end the following3 #iei;,a4 ,advanced nuclear reactor research1 development1 demonstration1 and commercial application program 7a7 ,demonstration project defined ,for the purposes of this section1 the term demonstration project means-- 7#a7 an advanced nuclear reactor operated for the purpose of demonstrating the suitability for commercial application of the advanced nuclear reactor-- 7,a7 as part of the power generation facilities of an electric utility system2 or 7,b7 in any other manner2 or 7#b7 the operation of one or more experimental advanced nuclear reactors1 for the purpose of demonstrating the suitability for commercial application of such advanced nuclear reactors4 7b7 ,establishment ,the ,secretary shall establish a program to advance the research1 development1 demonstration1 and commercial application of domestic advanced1 affordable1 nuclear energy technologies by-- 7#a7 demonstrating a variety of advanced nuclear reactor technologies that could be used to produce-- 7,a7 safer1 emissions-free power at a lower cost compared to reactors operating on the date of enactment of the ,clean ,economy ,jobs and ,innovation ,act2 7,b7 heat for community heating1 industrial purposes1 heat storage1 or synthetic fuel production2 7,c7 remote or off-grid energy supply2 or 7,d7 backup or mission-critical power supplies2 7#b7 identifying research areas that the private sector is unable or unwilling to undertake due to the cost of1 or risks associated with1 the research2 and 7#c7 facilitating the access of the private sector-- 7,a7 to ,federal research facilities and personnel2 and 7,b7 to the results of research relating to civil nuclear technology funded by the ,federal ,government4 7c7 ,demonstration projects ,in carrying out demonstration projects under the program established in subsection 7b71 the ,secretary shall-- 7#a7 include1 as an evaluation criterion1 diversity in designs for the advanced nuclear reactors demonstrated under this section1 including designs using various-- 7,a7 primary coolants2 7,b7 fuel types and compositions2 and 7,c7 neutron spectra2 7#b7 consider1 as an evaluation criterion1 the likelihood that the operating cost for future commercial units for each design implemented through a demonstration project under this subsection is cost-competitive in the applicable market1 including those designs configured as hybrid energy systems as described in section #ieb7;c72 7#c7 ensure that each evaluation of candidate technologies for the demonstration projects is completed through an external review of proposed designs1 which review shall-- 7,a7 be conducted by a panel that includes not fewer than #a representative that does not have a conflict of interest of each of-- 7i7 an electric utility2 7ii7 an entity that uses high-temperature process heat for manufacturing or industrial processing1 such as a petrochemical or synthetic fuel company1 a manufacturer of metals or chemicals1 or a manufacturer of concrete2 7iii7 an expert from the investment community2 7iv7 a project management practitioner2 and 7v7 an environmental health and safety expert2 and 7,b7 include a review of each demonstration project under this subsection which shall include consideration of cost-competitiveness and other value streams1 together with the technology readiness level1 the technical abilities and qualifications of teams desiring to demonstrate a proposed advanced nuclear reactor technology1 the capacity to meet cost-share requirements of the ,department1 if ,federal funding is provided1 and environmental impacts2 7#d7 for federally funded demonstration projects1 enter into cost-sharing agreements with private sector partners in accordance with section #ihh for the conduct of activities relating to the research1 development1 and demonstration of advanced nuclear reactor designs under the program2 7#e7 consult with-- 7,a7 ,national ,laboratories2 7,b7 institutions of higher education2 7,c7 traditional end users 7such as electric utilities72 7,d7 potential end users of new technologies 7such as users of high-temperature process heat for manufacturing processing1 including petrochemical or synthetic fuel companies1 manufacturers of metals or chemicals1 or manufacturers of concrete72 7,e7 developers of advanced nuclear reactor technology2 7,f7 environmental and public health and safety experts2 and 7,g7 non-proliferation experts2 7#f7 seek to ensure that the demonstration projects carried out under this section do not cause any delay in the progress of an advanced reactor project by private industry and the ,department of ,energy that is underway as of the date of enactment of this section2 7#g7 establish a streamlined approval process for expedited contracting between awardees and the ,department2 7#h7 identify technical challenges to candidate technologies2 7#i7 support near-term research and development to address the highest risk technical challenges to the successful demonstration of a selected advanced reactor technology1 in accordance with-- 7,a7 paragraph 7#h72 7,b7 the research and development activities under section #ieb7;b72 and 7,c7 the research and development activities under section #ieh2 and 7#aj7 establish such technology advisory working groups as the ,secretary determines to be appropriate to advise the ,secretary regarding the technical challenges identified under paragraph 7#h7 and the scope of research and development programs to address the challenges1 in accordance with paragraph 7#i71 to be comprised of-- 7,a7 private sector advanced nuclear reactor technology developers2 7,b7 technical experts with respect to the relevant technologies at institutions of higher education2 7,c7 technical experts at the ,national ,laboratories2 7,d7 environmental and public health and safety experts2 7,e7 non-proliferation experts2 and 7,f7 any other entities the ,secretary determines appropriate4 7d7 ,milestone-based demonstration projects ,the ,secretary may carry out demonstration projects under subsection 7c7 as a milestone-based demonstration project under section #hcjd of the ,clean ,economy ,jobs and ,innovation ,act4 7e7 ,nonduplication ,entities may not receive funds under this program if receiving funds from another reactor demonstration program at the ,department in the same fiscal year4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out the program under this subsection-- 7#a7 #ecj1jjj1jjj for fiscal year #bjba2 7#b7 #fhj1jjj1jjj for fiscal year #bjbb2 7#c7 #fhj1jjj1jjj for fiscal year #bjbc2 7#d7 #fhj1jjj1jjj for fiscal year #bjbd2 and 7#e7 #fhj1jjj1jjj for fiscal year #bjbe4 4 7#b7 ,table of contents ,the table of contents of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #eid7 is amended-- 7,a7 in the items relating to sections #ieg1 #ieh1 and #iei1 by inserting ,sec4 before #i each place it appears2 and 7,b7 by inserting after the item relating to section #iei the following3 ,sec4 #iei;,a4 ,advanced nuclear reactor research1 development1 demonstration1 and commercial application program4 4 7h7 ,international nuclear energy cooperation 7#a7 ,in general ,subtitle ,e of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga et seq471 as amended by subsection 7g71 is further amended by adding at the end the following3 #iei;,b4 ,international nuclear energy cooperation 7a7 ,in general ,the ,secretary1 in consultation with international regulators1 shall carry out a program-- 7#a7 to coordinate international efforts with respect to research1 development1 demonstration1 and commercial application of nuclear technology that supports diplomatic1 nonproliferation1 climate1 and international economic objectives for the safe1 secure1 and peaceful use of such technology2 and 7#b7 to develop collaboration initiatives with respect to such efforts with a variety of countries through-- 7,a7 research and development agreements2 7,b7 the development of coordinated action plans2 and 7,c7 new or existing multilateral cooperation commitments including-- 7i7 the ,international ,framework for ,nuclear ,energy ,cooperation2 7ii7 the ,generation ,,iv ,international ,forum2 7iii7 the ,international ,atomic ,energy ,agency2 7iv7 the ,organization for ,economic ,co-operation and ,development ,nuclear ,energy ,agency2 and 7v7 any other international collaborative effort with respect to advanced nuclear reactor operations and safety4 7b7 ,requirements ,the program under subsection 7a7 shall be carried out to facilitate1 to the maximum extent practicable1 workshops and expert-based exchanges to engage industry1 stakeholders1 and foreign governments regarding international civil nuclear issues1 such as training1 financing1 safety1 and options for multinational cooperation on used nuclear fuel disposal4 4 7#b7 ,table of contents ,the table of contents of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #eid71 as amended by subsection 7g71 is further amended by inserting after the item relating to section #iei;,a the following3 ,sec4 #iei;,b4 ,international nuclear energy cooperation4 4 #dbjc4 ,nuclear energy budget plan ,section #iei of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgi7 is amended-- 7#a7 by amending subsection 7b7 to read as follows3 7b7 ,budget plan alternative #a ,one of the budget plans submitted under subsection 7a7 shall assume constant annual funding for #aj years at the appropriated level for the current fiscal year for the civilian nuclear energy research and development of the ,department4 2 and 7#b7 by inserting after subsection 7d7 the following3 7e7 ,updates ,not less frequently than once every #b years1 the ,secretary shall submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate updated #aj-year budget plans which shall identify1 and provide a justification for1 any major deviation from a previous budget plan submitted under this section4 4 #dbjd4 ,organization and administration of programs 7a7 ,in general ,subtitle ,e of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga et seq471 as amended by this ,act1 is further amended by adding at the end of the following3 #iei;,c4 ,organization and administration of programs 7a7 ,coordination ,in carrying out this subtitle1 the ,secretary shall coordinate activities1 and effectively manage crosscutting research priorities across programs of the ,department and other relevant ,federal agencies1 including the ,national ,laboratories4 7b7 ,collaboration 7#a7 ,in general ,in carrying out this subtitle1 the ,secretary shall collaborate with industry1 ,national ,laboratories1 other relevant ,federal agencies1 institutions of higher education1 including minority-serving institutions and research reactors1 ,tribal entities1 including ,alaska ,native ,corporations1 and international bodies with relevant scientific and technical expertise4 7#b7 ,participation ,to the extent practicable1 the ,secretary shall encourage research projects that promote collaboration between entities specified in paragraph 7#a74 7c7 ,dissemination of results and public availability ,the ,secretary shall1 except to the extent protected from disclosure under section #eeb7;b7 of title #e1 ,united ,states ,code1 publish the results of projects supported under this subtitle through ,department websites1 reports1 databases1 training materials1 and industry conferences1 including information discovered after the completion of such projects4 7d7 ,education and outreach ,in carrying out the activities described in this subtitle1 the ,secretary shall support education and outreach activities to disseminate information and promote public understanding of nuclear energy4 7e7 ,technical assistance ,in carrying out this subtitle1 for the purposes of supporting technical1 nonhardware1 and information-based advances in nuclear energy development and operations1 the ,secretary shall also conduct technical assistance and analysis activities1 including activities that support commercial application of nuclear energy in rural1 ,tribal1 and low-income communities4 7f7 ,program review ,at least annually1 all programs in this subtitle shall be subject to an annual review by the ,nuclear ,energy ,advisory ,committee of the ,department or other independent entity1 as appropriate4 7g7 ,sensitive information ,the ,secretary shall not publish any information generated under this subtitle that is detrimental to national security1 as determined by the ,secretary4 4 7b7 ,table of contents ,the table of contents of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #eid71 as amended by this ,act1 is further amended by inserting after the item relating to section #iei;,b the following3 ,sec4 #iei;,c4 ,organization and administration of programs4 4 ,c ,defending ,against ,rosatom ,exports #dcja4 ,extension and expansion of limitations on importation of uranium from ,russian ,federation 7a7 ,in general ,section #caab;,a of the ,,usec ,privatization ,act 7#db ,u4,s4,c4 #bbig;h-#aj;a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraph 7#g7 as paragraph 7#h72 and 7,b7 by inserting after paragraph 7#f7 the following3 7#g7 ,suspension agreement ,the term ,suspension ,agreement has the meaning given that term in section #cajb7ac74 2 7#b7 in subsection 7b7-- 7,a7 by striking ,united ,states to support and inserting the following3 ,united ,states-- 7#a7 to support 2 7,b7 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7#b7 to reduce reliance on uranium imports in order to protect essential national security interests of the ,united ,states2 7#c7 to revive and strengthen the supply chain for nuclear fuel produced and used in the ,united ,states2 and 7#d7 to expand production of nuclear fuel in the ,united ,states4 2 and 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking ,after and inserting ,except as provided in subparagraph 7,b71 after2 7,,ii7 in clause 7vi71 by striking 2 and and inserting a semicolon2 7,,iii7 in clause 7vii71 by striking the period at the end and inserting a semicolon2 and 7,,iv7 by adding at the end the following3 7viii7 in calendar year #bjba1 #eif1fhb kilograms2 7ix7 in calendar year #bjbb1 #dhi1fag kilograms2 7x7 in calendar year #bjbc1 #egh1hgg kilograms2 7xi7 in calendar year #bjbd1 #dgf1ecf kilograms2 7xii7 in calendar year #bjbe1 #dgj1cgf kilograms2 7xiii7 in calendar year #bjbf1 #dfd1ahc kilograms2 7xiv7 in calendar year #bjbg1 #dei1jhc kilograms2 7xv7 in calendar year #bjbh1 #cdd1cab kilograms2 7xvi7 in calendar year #bjbi1 #cdj1aad kilograms2 7xvii7 in calendar year #bjcj1 #ccb1ada kilograms2 7xviii7 in calendar year #bjca1 #cbh1hfb kilograms2 7xix7 in calendar year #bjcb1 #cbb1bee kilograms2 7xx7 in calendar year #bjcc1 #cag1ecf kilograms2 7xxi7 in calendar year #bjcd1 #bih1jhh kilograms2 7xxii7 in calendar year #bjce1 #bid1eaa kilograms2 7xxiii7 in calendar year #bjcf1 #bhf1jff kilograms2 7xxiv7 in calendar year #bjcg1 #bha1bgb kilograms2 7xxv7 in calendar year #bjch1 #bgg1abd kilograms2 7xxvi7 in calendar year #bjci1 #bgg1abd kilograms2 and 7xxvii7 in calendar year #bjdj1 #bfg1fhe kilograms4 2 7ii7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7iii7 by inserting after subparagraph 7,a7 the following3 7,b7 ,administration 7i7 ,in general ,the ,secretary of ,commerce shall administer the import limitations described in subparagraph 7,a7 in accordance with the provisions of the ,suspension ,agreement1 including-- 7,i7 the limitations on sales of enriched uranium product and separative work units plus conversion2 7,,ii7 the requirements for natural uranium returned feed associated with sales of enrichment1 or enrichment plus conversion from the ,russian ,federation2 and 7,,iii7 any other provisions of the ,suspension ,agreement4 7ii7 ,effect of termination of suspension agreement ,clause 7i7 shall remain in effect if the ,suspension ,agreement is terminated4 2 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by striking the semicolon and inserting 2 or2 7ii7 in subparagraph 7,b71 by striking 2 or and inserting a period2 and 7iii7 by striking subparagraph 7,c72 7,c7 in paragraph 7#e7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking reference data and all that follows through #bjai and inserting the following3 ,lower ,scenario data in the #bjai report of the ,world ,nuclear ,association entitled ,the ,nuclear ,fuel ,report3 ,global ,scenarios for ,demand and ,supply ,availability #bjai-bjdj4 ,in each of calendar years #bjbc1 #bjbi1 and #bjce2 and 7,,ii7 by striking report or a subsequent report and inserting report2 7ii7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,c7 and 7,d71 respectively2 7iii7 by inserting after subparagraph 7,a7 the following3 7,b7 ,report required ,not later than one year after the date of the enactment of the ,clean ,economy ,jobs and ,innovation ,act1 and every #c years thereafter1 the ,secretary shall submit to ,congress a report that includes-- 7i7 a recommendation on the use of all publicly available data to ensure accurate forecasting by scenario data to comport to actual demand for low-enriched uranium for nuclear reactors in the ,united ,states2 and 7ii7 an identification of the steps to be taken to adjust the import limitations described in paragraph 7#b77;,a7 based on the most accurate scenario data4 2 and 7iv7 in subparagraph 7,d71 as redesignated by clause 7ii71 by striking subparagraph 7,b7 and inserting subparagraph 7,c72 7,d7 in paragraph 7#i71 by striking #bjbj and inserting #bjdj2 7,e7 in paragraph 7#ab77;,b71 by inserting or the ,suspension ,agreement after the ,russian ,,heu ,agreement2 and 7,f7 by striking 7#b77;,b7 each place it appears and inserting 7#b77;,c74 7b7 ,applicability ,the amendments made by subsection 7a7 apply with respect to uranium imported from the ,russian ,federation on or after ,january #a1 #bjba4 ,d ,,fusion ,,energy ,,research #ddja4 ,fusion energy research 7a7 ,program ,section #cjg of the ,department of ,energy ,research and ,innovation ,act 7#db ,u4,s4,c4 #ahfde7 is amended-- 7#a7 by redesignating subsections 7a7 through 7g7 as subsections 7b7 through 7h71 respectively2 7#b7 by inserting before subsection 7b71 as so redesignated1 the following3 7a7 ,program ,as part of the activities authorized under section #bji of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaci7 and section #igb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcab71 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 industry in the ,united ,states4 ,as part of this program1 the ,director shall carry out research activities to expand the fundamental understandings of plasmas and matter at very high temperatures and densities for fusion applications and for other plasma science applications4 2 7#c7 by amending subsection 7d7 to read as follows3 7d7 ,inertial fusion research and development 7#a7 ,in general ,the ,director shall carry out a program of research and technology development in inertial fusion for energy applications1 including ion beam1 laser1 and pulsed power fusion systems4 7#b7 ,activities ,as part of the program described in paragraph 7#a71 the ,director shall support activities at and partnerships with universities and the ,national ,laboratories to-- 7,a7 develop novel target designs2 7,b7 support modeling of various inertial fusion energy concepts and systems2 7,c7 develop diagnostic tools2 and 7,d7 improve inertial fusion energy driver technologies4 7#c7 ,authorization of appropriations ,out of funds authorized to be appropriated under subsection 7o71 there are authorized to be appropriated to the ,secretary to carry out the activities described in subsection 7d7-- 7,a7 #be1jjj1jjj for fiscal year #bjba2 7,b7 #bf1bej1jjj for fiscal year #bjbb2 7,c7 #bg1efc1jjj for fiscal year #bjbc2 7,d7 #bh1ida1jjj for fiscal year #bjbd2 and 7,e7 #cj1cgg1jjj for fiscal year #bjbe4 2 7#d7 by amending subsection 7e7 to read as follows3 7e7 ,alternative and enabling concepts 7#a7 ,in general ,the ,director shall support research and development activities and facility operations at institutions of higher education1 ,national ,laboratories1 and private facilities in the ,united ,states for a portfolio of alternative and enabling fusion energy concepts that may provide solutions to significant challenges to the establishment of a commercial magnetic fusion power plant1 prioritized based on the ability of the ,united ,states to play a leadership role in the international fusion research community4 7#b7 ,activities ,fusion energy concepts and activities explored under paragraph 7#a7 may include-- 7,a7 alternative fusion energy concepts1 including-- 7i7 advanced stellarator concepts2 7ii7 non-tokamak confinement configurations operating at low magnetic fields2 7iii7 magnetized target fusion energy concepts2 or 7iv7 other promising fusion energy concepts identified by the ,director2 7,b7 enabling fusion technology development activities1 including-- 7i7 high magnetic field approaches facilitated by high temperature superconductors2 7ii7 liquid metals to address issues associated with fusion plasma interactions with the inner wall of the encasing device2 and 7iii7 advanced blankets for heat management and fuel breeding2 and 7,c7 advanced scientific computing activities4 7#c7 ,innovation network for fusion energy 7,a7 ,in general ,the ,secretary1 acting through the ,office of ,science1 shall support a program to provide fusion energy researchers with access to scientific and technical resources and expertise at facilities supported by the ,department1 including such facilities at ,national ,laboratories and universities1 to advance innovative fusion energy technologies toward commercial application4 7,b7 ,awards ,financial assistance under the program established in subsection 7a7 may be in the form of grants1 vouchers1 equipment loans1 or contracts to private entities4 7#c7 ,authorization of appropriations ,out of funds authorized to be appropriated under subsection 7o71 there are authorized to be appropriated to the ,secretary to carry out the activities described in subsection 7e7-- 7,a7 #ajj1jjj1jjj for fiscal year #bjba2 7,b7 #aje1jjj1jjj for fiscal year #bjbb2 7,c7 #aaj1bej1jjj for fiscal year #bjbc2 7,d7 #aae1gfc1jjj for fiscal year #bjbd2 and 7,e7 #aba1eea1jjj for fiscal year #bjbe4 2 and 7#e7 by adding at the end the following3 7i7 ,milestone-based development program 7#a7 ,in general ,using the authority of the ,secretary under section #fdf7;g7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gbef7;g771 notwithstanding paragraph 7#aj7 of such section1 the ,secretary shall establish1 within #c months of enactment of this ,act1 a milestone-based fusion energy development program that requires projects to meet particular technical milestones before a participant is awarded funds by the ,department4 7#b7 ,purpose ,the purpose of the program established by paragraph 7#a7 shall be to support the development of a ,u4,s4-based fusion power industry through the research and development of technologies that will enable the construction of new full-scale fusion systems capable of demonstrating significant improvements in the performance of such systems1 as defined by the ,secretary1 within #aj years of the enactment of this ,act4 7#c7 ,eligibility ,any entity is eligible to participate in the program provided that the ,under ,secretary has deemed it as having the necessary resources and expertise4 7#d7 ,requirements ,in carrying out the milestone-based program under paragraph 7#a71 the ,secretary shall1 for each relevant project-- 7,a7 request proposals from eligible entities1 as determined by the ,secretary1 that include proposed technical milestones1 including estimated project timelines and total costs2 7,b7 set milestones based on a rigorous technical review process2 7,c7 award funding of a predetermined amount to projects that successfully meet proposed milestones under paragraph 7#a71 or for expenses deemed reimbursable by the ,secretary1 in accordance with terms negotiated for an individual award2 and 7,d7 communicate regularly with selected eligible entities and1 if the ,secretary deems appropriate1 exercise small amounts of flexibility for technical milestones as projects mature4 7#e7 ,awards ,for the program established under paragraph 7#a7-- 7,a7 an award recipient shall be responsible for all costs until milestones are achieved1 or reimbursable expenses are reviewed and verified by the ,department2 and 7,b7 should an awardee not meet the milestones described in paragraph 7#d71 the ,secretary may end the partnership with an award recipient and use the remaining funds in the ended agreement for new or existing projects carried out under this section4 7#f7 ,applications ,any project proposal submitted to the program under paragraph 7#a7 shall be evaluated based upon its scientific1 technical1 and business merits through a peer-review process1 which shall include reviewers with appropriate expertise from the private sector1 the investment community1 and experts in the science and engineering of fusion and plasma physics4 7#g7 ,project management ,in carrying out projects under this program and assessing the completion of their milestones in accordance with paragraph 7#d71 the ,secretary shall consult with experts that represent diverse perspectives and professional experiences1 including those from the private sector1 to ensure a complete and thorough review4 7#h7 ,programmatic review ,not later than #d years after the ,secretary has established #c milestones under this program1 the ,secretary shall enter into a contractual arrangement with the ,national ,academy of ,sciences to review and provide a report describing the findings of this review to the ,house ,committee on ,science1 ,space1 and ,technology and the ,senate ,committee on ,energy and ,natural ,resources on the program established under this paragraph 7#a7 that assesses-- 7,a7 the benefits and drawbacks of a milestone-based fusion program as compared to traditional program structure funding models at the ,department2 7,b7 lessons-learned from program operations2 and 7,c7 any other matters the ,secretary determines regarding the program4 7#i7 ,annual report ,as part of the annual budget request submitted for each fiscal year1 the ,secretary shall provide the ,house ,committee on ,science1 ,space1 and ,technology and the ,senate ,committee on ,energy and ,natural ,resources a report describing partnerships supported by the program established under paragraph 7#a7 during the previous fiscal year4 7#aj7 ,authorizations for appropriations ,out of funds authorized to be appropriated under subsection 7o71 there are authorized to be appropriated to the ,secretary to carry out the activities described in subsection 7i71 to remain available until expended-- 7,a7 #de1jjj1jjj for fiscal year #bjba2 7,b7 #aaj1jjj1jjj for fiscal year #bjbb2 7,c7 #adj1jjj1jjj for fiscal year #bjbc2 7,d7 #aaj1jjj1jjj for fiscal year #bjbd2 and 7,e7 #de1jjj1jjj for fiscal year #bjbe4 7j7 ,fusion reactor system design ,the ,director shall support research and development activities to design future fusion reactor systems and examine and address the technical drivers for the cost of these systems4 7k7 ,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 applications1 including support for research relevant to advancements in chip manufacturing and microelectronics4 7l7 ,sense of congress ,it is the sense of ,congress that the ,united ,states should support a robust1 diverse program in addition to providing sufficient support to1 at a minimum1 meet its commitments to ,,iter and maintain the schedule of the project as determined by the ,secretary in coordination with the ,,iter ,organization at the time of the enactment of this ,act4 ,it is further the sense of ,congress that developing the scientific basis for fusion1 providing research results key to the success of ,,iter1 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 project4 7m7 ,international collaboration ,the ,director shall-- 7#a7 as practicable and in coordination with other appropriate ,federal agencies as necessary1 ensure the access of ,united ,states researchers to the most advanced fusion research facilities and research capabilities in the world1 including ,,iter2 7#b7 to the maximum extent practicable1 continue to leverage ,united ,states participation ,,iter1 and prioritize expanding international partnerships and investments in current and future fusion research facilities within the ,united ,states2 and 7#c7 to the maximum extent practicable1 prioritize engagement 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 researchers4 7n7 ,fission and fusion research coordination report 7#a7 ,in general ,not later than #f months after the date of enactment of this ,act1 the ,secretary shall transmit to ,congress a report addressing opportunities for coordinating fusion energy research and development activities between the ,office of ,nuclear ,energy and the ,office of ,science4 7#b7 ,components ,the report shall assess opportunities for collaboration on research and development of-- 7,a7 liquid metals to address issues associated with fusion plasma interactions with the inner wall of the encasing device and other components within the reactor2 7,b7 immersion blankets for heat management and fuel breeding2 7,c7 technologies and methods for instrumentation and control2 7,d7 computational methods and codes for system operation and maintenance2 7,e7 codes and standard development2 7,f7 radioactive waste handling2 7,g7 radiological safety2 7,h7 potential for non-electricity generation applications2 and 7,i7 any other overlapping priority as identified by the ,director of the ,office of ,science or the ,assistant ,secretary of ,energy for ,nuclear ,energy4 7#c7 ,implementation ,the ,secretary shall implement the recommendations made by the report directed in this section upon transmission of the report to ,congress4 7o7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out the activities described in this section-- 7#a7 #igf1jjj1jjj for fiscal year #bjba2 7#b7 #a1jcc1jjj1jjj for fiscal year #bjbb2 7#c7 #a1ajd1jjj1jjj for fiscal year #bjbc2 7#d7 #a1aha1jjj1jjj for fiscal year #bjbd2 and 7#e7 #a1bfd1jjj1jjj for fiscal year #bjbe4 4 7b7 ,iter ,section #igb7;c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcab7 is amended to read as follows3 7c7 ,united states participation in iter 7#a7 ,in general ,there is authorized ,united ,states participation in the construction and operations of the ,,iter project1 as agreed to under the ,april #be1 #bjjg ,agreement on the ,establishment of the ,,iter ,international ,fusion ,energy ,organization for the ,joint ,implementation of the ,,iter ,project4 ,the ,director shall coordinate and carry out the responsibilities of the ,united ,states with respect to this ,agreement4 7#b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report providing an assessment of the most recent schedule for ,,iter that has been approved by the ,,iter ,council4 7#c7 ,authorization of appropriations ,out of funds authorized to be appropriated under section #cjg7o7 of the ,department of ,energy ,research and ,innovation ,act 7#db ,u4,s4,c4 #ahfde71 there shall be made available to the ,secretary to carry out the construction of ,,iter-- 7,a7 #cgd1jjj1jjj for fiscal year #bjba2 and 7,b7 #cjj1jjj1jjj for each of fiscal years #bjbb through #bjbe4 4 ,v ,electric ,grid and ,cybersecurity ,a ,electric ,grid #a #bast ,century ,power ,grid #eaja4 #bast ,century ,power ,grid 7a7 ,in general ,the ,secretary of ,energy shall establish a program to provide financial assistance to eligible partnerships to carry out projects related to the modernization of the electric grid1 including-- 7#a7 projects for the deployment of technologies to improve monitoring of1 advanced controls for1 and prediction of performance of1 a distribution system2 and 7#b7 projects related to transmission system planning and operation4 7b7 ,eligible projects ,projects for which an eligible partnership may receive financial assistance under subsection 7a7-- 7#a7 shall be designed to improve the resiliency1 performance1 or efficiency of the electric grid1 while ensuring the continued provision of safe1 secure1 reliable1 and affordable power2 7#b7 may be designed to deploy a new product or technology that could be used by customers of an electric utility2 and 7#c7 shall demonstrate-- 7,a7 secure integration and management of energy resources1 including through distributed energy generation1 combined heat and power1 microgrids1 energy storage1 electric vehicles1 energy efficiency1 demand response1 or controllable loads2 or 7,b7 secure integration and interoperability of communications and information technologies related to the electric grid4 7c7 ,cybersecurity plan ,each project carried out with financial assistance provided under subsection 7a7 shall include the development of a cybersecurity plan written in accordance with guidelines developed by the ,secretary of ,energy4 7d7 ,privacy effects analysis ,each project carried out with financial assistance provided under subsection 7a7 shall include a privacy effects analysis that evaluates the project in accordance with the ,voluntary ,code of ,conduct of the ,department of ,energy1 commonly known as the ,data,guard ,energy ,data ,privacy ,program1 or the most recent revisions to the privacy program of the ,department4 7e7 ,definitions ,in this section3 7#a7 ,eligible partnership ,the term eligible partnership means a partnership consisting of two or more entities1 which-- 7,a7 may include-- 7i7 any institution of higher education2 7ii7 a ,national ,laboratory2 7iii7 a ,state1 territory1 or a local government or other public body created by or pursuant to ,state law2 7iv7 an ,indian ,tribe2 7v7 a ,federal power marketing administration2 or 7vi7 an entity that develops and provides technology2 and 7,b7 shall include at least one of any of-- 7i7 an electric utility2 7ii7 a ,regional ,transmission ,organization2 or 7iii7 an ,independent ,system ,operator4 7#b7 ,electric utility ,the term electric utility has the meaning given that term in section #c7bb7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif7bb771 except that such term does not include an entity described in subparagraph 7,b7 of such section4 7#c7 ,federal power marketing administration ,the term ,federal power marketing administration means the ,bonneville ,power ,administration1 the ,southeastern ,power ,administration1 the ,southwestern ,power ,administration1 or the ,western ,area ,power ,administration4 7#d7 ,independent system operator2 regional transmission organization ,the terms ,independent ,system ,operator and ,regional ,transmission ,organization have the meanings given those terms in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7#e7 ,institution of higher education ,the term institution of higher education has the meaning given that term in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 7f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of ,energy to carry out this section #gjj1jjj1jjj for each of fiscal years #bjba through #bjbe1 to remain available until expended4 #eajb4 ,definitions ,in sections #eajc and #eajd3 7#a7 ,advanced energy technology ,the term advanced energy technology means any energy generation1 load-modifying transmission1 or storage technology with zero or minimal greenhouse gas emissions that is connected-- 7,a7 to the distribution system2 7,b7 to the transmission system2 or 7,c7 behind the meter4 7#b7 ,advisory ,committee ,the term ,advisory ,committee means the advisory committee established under section #eajc7;a77#b77;,a74 7#c7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#d7 ,electric utility ,the term electric utility has the meaning given the term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7#e7 ,grid operator ,the term grid operator means-- 7,a7 a ,transmission ,organization1 including-- 7i7 an ,independent ,system ,operator2 and 7ii7 a ,regional ,transmission ,organization2 7,b7 a public utility2 and 7,c7 an electric utility4 7#f7 ,independent ,system ,operator ,the term ,independent ,system ,operator has the meaning given the term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7#g7 ,initiative ,the term ,initiative means the ,advanced ,energy ,technology ,research ,initiative established under section #eajc7;a77#a74 7#h7 ,public utility ,the term public utility has the meaning given the term in section #bja7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd7;e774 7#i7 ,regional ,transmission ,organization ,the term ,regional ,transmission ,organization has the meaning given the term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#aa7 ,transmission ,organization ,the term ,transmission ,organization has the meaning given the term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 #eajc4 ,power ,system modeling reform and updates to grid services and grid operator software 7a7 ,advanced energy technology research initiative 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,commission1 in coordination with the ,secretary1 shall establish an initiative1 to be known as the ,advanced ,energy ,technology ,research ,initiative1 to research and provide recommendations on how to improve the modeling1 operational1 and planning practices used for the bulk electric system4 7#b7 ,advisory committee 7,a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,commission1 in coordination with the ,secretary1 shall establish an advisory committee to research1 report on1 and provide recommendations on matters relating to the ,initiative1 including-- 7i7 whether the existing modeling and long-term and short-term planning practices used by grid operators for power systems1 including power markets1 adequately incorporate expected integration with respect to advanced energy technologies2 7ii7 whether the methods used to determine future transmission and capacity needs and make reliability-related determinations use the right data to adequately forecast and model the integration of advanced energy technology into electric power systems2 7iii7 whether the modeling and planning practices described in clause 7i7 and the methods described in clause 7ii7 need to be updated to better account for the integration of advanced energy technology into electric power systems2 7iv7 any undue barriers to the adoption of advanced energy technology presented by-- 7,i7 existing modeling1 operational1 and planning practices2 and 7,,ii7 ,state estimation tools for planning and reliability2 7v7 any need to develop emerging technologies or software for use in improving modeling1 planning1 and operations in wholesale electricity markets to resolve computational or technical barriers to the adoption of advanced energy technology1 including software relating to-- 7,i7 the use of big data1 artificial intelligence1 and probabilistic methods to predict1 in near-real-time-- 7aa7 energy generation from variable and distributed resources2 7bb7 load profiles2 and 7cc7 consumption and congestion2 and 7,,ii7 the use of artificial intelligence to improve the responsiveness of energy system operations2 7vi7 whether existing and future grid reliability service definitions and the modeling techniques1 operational processes1 and planning processes used to procure grid reliability services-- 7,i7 appropriately account for the technical and operational characteristics of advanced energy technologies2 7,,ii7 allow for the use of those advanced energy technologies to provide grid reliability services2 and 7,,iii7 include appropriate cybersecurity safeguards2 and 7vii7 any rulemaking1 technical conference1 or policy statement that1 in the determination of the ,advisory ,committee1 the ,commission should consider4 7,b7 ,composition ,the ,advisory ,committee shall consist of-- 7i7 not fewer than #a representative from each of-- 7,i7 the ,commission2 7,,ii7 the ,department of ,energy2 7,,iii7 the ,electric ,reliability ,organization 7as defined in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a7772 7,,iv7 an ,independent ,system ,operator or a ,regional ,transmission ,organization2 7,v7 an entity generating electric power that is not affiliated with a transmission-owning public or nonpublic utility2 7,,vi7 an environmental organization with expertise on the bulk electric system2 and 7,,vii7 an institution of higher education with expertise on the bulk electric system2 7ii7 not fewer than #b designees of the ,national ,association of ,regulatory ,utility ,commissioners2 7iii7 not fewer than #c representatives from public utilities or electric utilities in areas not serviced by an ,independent ,system ,operator or a ,regional ,transmission ,organization2 and 7iv7 not fewer than #b representatives from private and nonprofit associations with expertise in the development1 deployment1 and use of advanced energy technologies4 7,c7 ,reports ,not later than #ah months after the date of enactment of this ,act1 and every #b years thereafter for #aj years1 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 ,initiative1 including the findings or recommendations of the ,advisory ,committee with respect to the matters described in clauses 7i7 through 7vii7 of subparagraph 7,a74 7b7 ,advanced energy technology and grid services program 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a competitive financial assistance program1 to be known as the ,advanced ,energy ,technology and ,grid ,services ,program1 under which the ,secretary shall enter into ,federal financial assistance agreements with eligible entities described in paragraph 7#b7 for the purpose of increasing the market penetration of advanced energy technology through advanced research and development and pilot demonstrations of-- 7,a7 software upgrades1 including upgrades to the software platforms used to operate wholesale energy markets2 7,b7 updated power system planning2 7,c7 new power system 7including power market7 modeling platforms2 7,d7 cybersecurity and physical security upgrades2 and 7,e7 resilience upgrades4 7#b7 ,eligible entities described ,an eligible entity referred to in paragraph 7#a7 is-- 7,a7 a grid operator2 7,b7 a ,state public utility commission2 7,c7 an energy cooperative2 7,d7 a municipality2 7,e7 an electric utility2 7,f7 a gas utility2 or 7,g7 a ,state energy office4 7#c7 ,eligible activities ,the ,secretary may enter into a financial assistance agreement under this subsection for-- 7,a7 software upgrades by grid operators2 7,b7 new power system 7including power market7 modeling platforms2 7,c7 enhancements to cybersecurity safeguards2 or 7,d7 updated power system 7including power market7 planning1 updated power system 7including power market7 modeling1 or updated reliability planning and modeling by grid operators4 7#d7 ,cost sharing ,in awarding ,federal financial assistance 7including grants1 loans1 and any other form of financial assistance7 to fund eligible activities under this subsection1 the ,secretary shall require cost sharing in accordance with section #ihh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceb74 7#e7 ,coordination ,in carrying out the ,advanced ,energy ,technology and ,grid ,services ,program established under this subsection1 the ,secretary1 to the maximum extent practicable1 shall coordinate with existing programs of the ,department of ,energy that focus on grid modernization efforts4 #eajd4 ,advanced energy and grid efficiency studies and report 7a7 ,studies 7#a7 ,advanced energy study ,the ,secretary1 in coordination with the ,commission1 shall carry out a study of the costs and benefits to consumers of updating power system planning1 modeling1 and operational practices1 including reliability-related planning1 and energy market participation rules on advanced energy technologies and resources1 including distributed energy technologies and resources1 such as-- 7,a7 energy storage technologies2 7,b7 energy efficiency and transmission efficiency technologies2 7,c7 distributed solar and wind energy generation2 7,d7 fuel cells2 7,e7 smart thermostats and smart building technologies2 7,f7 demand response technologies1 including natural gas demand response technologies2 7,g7 advanced metering technologies2 7,h7 electric vehicles and electric vehicle charging infrastructure2 7,i7 any aggregation of the distributed energy technologies and resources described in subparagraph 7,a7 or 7,c72 and 7,j7 any other advanced energy technologies1 as determined by the ,secretary4 7#b7 ,grid efficiency study 7,a7 ,in general ,the ,secretary1 in coordination with the ,commission1 shall carry out a study of the barriers and opportunities for advanced energy technologies that provide increased1 more efficient1 or more effective delivery over the existing transmission network4 7,b7 ,requirements ,the study under subparagraph 7,a7 shall include-- 7i7 an examination of-- 7,i7 the reliability1 resilience1 and economic benefits of technologies such as power flow control1 topology optimization1 and dynamic line ratings2 7,,ii7 the costs1 benefits1 and challenges associated with deployment of the advanced energy technologies described in subparagraph 7,a72 and 7,,iii7 the impact of grid efficiency improvements on wholesale and retail electricity rates2 and 7ii7 an analysis of the role of financial and regulatory incentives in the deployment of advanced energy technologies1 as determined by the ,secretary4 7b7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report describing the results of the studies under paragraphs 7#a7 and 7#b7 of subsection 7a74 #b ,transmission ,planning #eaaa4 ,interregional transmission planning report ,not later than #f months after the date of enactment of this ,act1 the ,secretary of ,energy shall submit to ,congress a report that-- 7#a7 examines the effectiveness of interregional transmission planning processes for identifying transmission projects across regions that provide economic1 reliability1 or operational benefits1 taking into consideration the public interest1 the integrity of markets1 and the protection of consumers2 7#b7 evaluates the current architecture of regional electricity grids 7including international transmission connections of such grids7 that together comprise the ,nation's electricity grid1 with respect to-- 7,a7 potential growth in renewable energy generation1 including energy generation from offshore wind2 7,b7 potential growth in electricity demand2 and 7,c7 retirement of existing electricity generation assets2 7#c7 analyzes-- 7,a7 the range of benefits that interregional transmission provides2 7,b7 the impact of basing transmission project approvals on a comprehensive assessment of the multiple benefits provided2 7,c7 synchronization of processes described in paragraph 7#a7 among neighboring regions2 7,d7 how often interregional transmission planning should be completed2 7,e7 whether voltage1 size1 or cost requirements should be a factor in the approval of interregional transmission projects2 7,f7 cost allocation methodologies for interregional transmission projects2 and 7,g7 current barriers and challenges to construction of interregional transmission projects2 and 7#d7 identifies potential changes1 based on the analysis under paragraph 7#c71 to the processes described in paragraph 7#a7 to ensure the most efficient1 cost effective1 and broadly beneficial transmission projects are selected for construction4 #eaab4 ,interregional transmission planning rulemaking 7a7 ,in general ,not later than #f months after the date of the enactment of this section1 the ,federal ,energy ,regulatory ,commission 7hereinafter in this section referred to as the ,commission7 shall initiate a rulemaking to increase the effectiveness of the interregional transmission planning process4 7b7 ,assessment ,in conducting the rulemaking under subsection 7a71 the ,commission shall assess-- 7#a7 the effectiveness of interregional transmission planning processes for identifying transmission planning solutions that provide economic1 reliability1 operation1 and public policy benefits1 taking into consideration-- 7,a7 the public interest2 7,b7 the integrity of markets2 and 7,c7 the protection of consumers2 and 7#b7 proposed changes to the processes described in paragraph 7#a7 to ensure that efficient1 cost-effective1 and broadly beneficial transmission solutions are selected for construction1 taking into consideration-- 7,a7 the public interest2 7,b7 the integrity of markets2 7,c7 the protection of consumers2 and 7,d7 the range of benefits that interregional transmission provides4 7c7 ,emphasis ,in conducting the rulemaking under subsection 7a71 the ,commission shall develop rules that emphasize-- 7#a7 the need for a solution to secure approval based on a comprehensive assessment of the multiple benefits the solution is expected to provide2 7#b7 that interregional benefit analyses made between multiple regions should not be subject to reassessment by a single regional entity2 7#c7 the importance of synchronizing the planning processes between regions that neighbor one another1 including using one timeline with a single set of needs1 input assumptions1 and benefit metrics2 7#d7 that evaluation of long-term scenarios should align with the expected life of an interregional transmission solution2 7#e7 that transmission planning authorities should allow for the identification and joint evaluation between regions of alternative proposals2 7#f7 that the interregional transmission planning process should take place not less frequently than once every #c years2 7#g7 the elimination of arbitrary voltage1 size1 or cost requirements for an interregional transmission solution2 and 7#h7 cost allocation methodologies that reflect the multiple benefits provided by an interregional transmission solution4 7d7 ,timing ,not later than #ah months after the date of the enactment of this section1 the ,commission shall complete the rulemaking initiated under subsection 7a74 7e7 ,definitions ,in this section3 7#a7 ,interregional benefit analysis ,the term interregional benefit analysis means the identification and evaluation of the estimated benefits of interregional transmission facilities in two or more neighboring transmission planning regions to meet the needs for transmission system reliability1 resilience1 economic1 and public policy requirements4 7#b7 ,interregional transmission planning process ,the term interregional transmission planning process means an evaluation of transmission needs established by public utility transmission providers in two or more neighboring transmission planning regions that are jointly evaluated by those regions4 7#c7 ,interregional transmission solution ,the term interregional transmission solution means an interregional transmission facility that is evaluated by two or more neighboring transmission planning regions and determined by each of those regions for the ability of the project to efficiently or cost effectively meet regional transmission needs or to provide substantial benefits that are not addressed in either of the region's regional planning processes4 7#d7 ,transmission planning authority ,the term transmission planning authority means the public utility transmission provider within a transmission planning region that is required to create a regional transmission plan that identifies transmission facilities and nontransmission alternatives needed to meet regional needs4 7#e7 ,transmission planning regions ,the term transmission planning regions means the transmission planning regions recognized by the ,commission as compliant with the final rule entitled ,transmission ,planning and ,cost ,allocation by ,transmission ,owning and ,operating ,public ,utilities located at part #ce of title #ah1 ,code of ,federal ,regulations 7or any successor regulation74 ,b ,state ,energy ,security ,plans #ebja4 ,state energy security plans 7a7 ,in general ,part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcba et seq47 is amended by adding at the end the following3 #cfg4 ,state energy security plans 7a7 ,in general ,federal financial assistance made available to a ,state under this part may be used for the implementation1 review1 and revision of a ,state energy security plan that assesses the ,state's existing circumstances and proposes methods to strengthen the ability of the ,state1 in consultation with owners and operators of energy infrastructure in such ,state1 to-- 7#a7 secure the energy infrastructure of the ,state against all physical and cybersecurity threats2 7#b7 mitigate the risk of energy supply disruptions to the ,state and enhance the response to1 and recovery from1 energy disruptions2 and 7#c7 ensure the ,state has a reliable1 secure1 and resilient energy infrastructure4 7b7 ,contents of plan ,a ,state energy security plan described in subsection 7a7 shall-- 7#a7 address all fuels1 including petroleum products1 other liquid fuels1 coal1 electricity1 and natural gas1 as well as regulated and unregulated energy providers2 7#b7 provide a ,state energy profile1 including an assessment of energy production1 distribution1 and end-use2 7#c7 address potential hazards to each energy sector or system1 including physical threats and cybersecurity threats and vulnerabilities2 7#d7 provide a risk assessment of energy infrastructure and cross-sector interdependencies2 7#e7 provide a risk mitigation approach to enhance reliability and end-use resilience2 and 7#f7 address multi-,state1 ,indian ,tribe1 and regional coordination planning and response1 and to the extent practicable1 encourage mutual assistance in cyber and physical response plans4 7c7 ,coordination ,in developing a ,state energy security plan under this section1 the energy office of the ,state shall1 to the extent practicable1 coordinate with-- 7#a7 the public utility or service commission of the ,state2 7#b7 energy providers from the private sector2 and 7#c7 other entities responsible for maintaining fuel or electric reliability4 7d7 ,financial assistance ,a ,state is not eligible to receive ,federal financial assistance under this part1 for any purpose1 for a fiscal year unless the ,governor of such ,state submits to the ,secretary1 with respect to such fiscal year-- 7#a7 a ,state energy security plan described in subsection 7a7 that meets the requirements of subsection 7b72 or 7#b7 after an annual review of the ,state energy security plan by the ,governor-- 7,a7 any necessary revisions to such plan2 or 7,b7 a certification that no revisions to such plan are necessary4 7e7 ,technical assistance ,upon request of the ,governor of a ,state1 the ,secretary may provide information and technical assistance1 and other assistance1 in the development1 implementation1 or revision of a ,state energy security plan4 7f7 ,sunset ,this section shall expire on ,october #ca1 #bjbd4 4 7b7 ,technical and conforming amendments 7#a7 ,conforming amendments ,section #cfc of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbc7 is amended-- 7,a7 by redesignating subsection 7f7 as subsection 7e72 and 7,b7 by striking subsection 7e74 7#b7 ,technical amendment ,section #cff7c77;,b77i7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbf7c77;,b77i77 is amended by striking approved under section #cfg4 7#c7 ,reference ,the item relating to ,department of ,energy--,energy ,conservation in title ,,ii of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aihe 7#db ,u4,s4,c4 #fcbc;a7 is amended by striking sections #cfa through #cff and inserting sections #cfa through #cfg4 7#d7 ,table of sections ,the table of sections for part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act is amended by adding at the end the following3 ,sec4 #cfg4 ,state energy security plans4 4 ,c ,research and ,development #a ,better ,energy ,storage ,technology #ecja4 ,energy storage 7a7 ,in general ,the ,united ,states ,energy ,storage ,competitiveness ,act of #bjjg 7#db ,u4,s4,c4 #agbca7 is amended-- 7#a7 by redesignating subsections 7l7 through 7p7 as subsections 7p7 through 7t71 respectively2 and 7#b7 by inserting after subsection 7k7 the following3 7l7 ,energy storage research and development program 7#a7 ,in general ,not later than #ahj days after the date of enactment of this subsection1 the ,secretary shall establish a research and development program for energy storage systems1 components1 and materials across multiple program offices of the ,department4 7#b7 ,requirements ,in carrying out the program under paragraph 7#a71 the ,secretary shall-- 7,a7 coordinate across all relevant program offices throughout the ,department1 including the ,office of ,electricity1 the ,office of ,energy ,efficiency and ,renewable ,energy1 the ,advanced ,research ,projects ,agency - ,energy1 the ,office of ,science1 and the ,office of ,cybersecurity1 ,energy ,security1 and ,emergency ,response2 7,b7 adopt long-term cost1 performance1 and demonstration targets for different types of energy storage systems and for use in a variety of regions1 including rural areas2 7,c7 incorporate considerations of sustainability1 sourcing1 recycling1 reuse1 and disposal of materials1 including critical elements1 in the design of energy storage systems2 7,d7 identify energy storage duration needs2 7,e7 analyze the need for various types of energy storage to improve electric grid resilience and reliability2 and 7,f7 support research and development of advanced manufacturing technologies that have the potential to improve ,united ,states competitiveness in energy storage manufacturing4 7#c7 ,strategic plan 7,a7 ,in general ,no later than #ahj days after the date of enactment of this subsection1 the ,secretary shall develop a #e-year strategic plan identifying research1 development1 demonstration1 and commercial application goals for the program in accordance with this section4 ,the ,secretary shall submit this plan to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate4 7,b7 ,contents ,the strategic plan submitted under subparagraph 7,a7 shall-- 7i7 identify programs at the ,department related to energy storage systems that support the research and development activities described in paragraph 7#d71 and the demonstration projects under subsection 7m72 and 7ii7 include timelines for the accomplishment of goals developed under the plan4 7,c7 ,updates to plan ,not less frequently than once every #c years1 the ,secretary shall submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate an updated version of the plan under subparagraph 7,a74 7#d7 ,research and development ,in carrying out the program established in paragraph 7#a71 the ,secretary shall focus on developing-- 7,a7 energy storage systems that can store energy and deliver stored energy for a minimum of #f hours in duration to balance electricity needs over the course of a single day2 7,b7 long-duration energy storage systems that can store energy and deliver stored energy for #aj to #ajj hours in duration2 and 7,c7 energy storage systems that can store energy and deliver stored energy over several months and address seasonal scale variations in supply and demand4 7#e7 ,testing and validation ,the ,secretary shall support the standardized testing and validation of energy storage systems under the program through collaboration with #a or more ,national ,laboratories1 including the development of methodologies to independently validate energy storage technologies by-- 7,a7 performance of energy storage systems on the electric grid1 including-- 7i7 when appropriate1 testing of application-driven charge and discharge protocols2 7ii7 evaluation of power capacity and energy output2 7iii7 degradation of the energy storage systems from cycling and aging2 7iv7 safety2 and 7v7 reliability testing under grid duty cycles2 and 7,b7 prediction of lifetime metrics4 7#f7 ,coordination ,in carrying out the program established in paragraph 7#a71 the ,secretary shall coordinate with-- 7,a7 programs and offices that aim to increase domestic manufacturing and production of energy storage systems1 such as those within the ,department and within the ,national ,institute of ,standards and ,technology2 7,b7 other ,federal agencies that are carrying out initiatives to increase energy reliability through the development of energy storage systems1 including the ,department of ,defense2 and 7,c7 other stakeholders working to advance the development of commercially viable energy storage systems4 7#g7 ,technical assistance program 7,a7 ,in general ,the ,secretary shall provide technical assistance for commercial application of energy storage technologies to eligible entities4 7,b7 ,technical assistance ,technical assistance provided under this paragraph-- 7i7 may include assistance with-- 7,i7 assessment of relevant technical and geographic characteristics2 7,,ii7 interconnection of electricity storage systems with the electric grid2 and 7,,iii7 engineering design2 and 7ii7 may not include assistance relating to modification of ,federal1 ,state1 or local regulations or policies with respect to energy storage systems4 7,c7 ,applications 7i7 ,in general ,the ,secretary shall seek applications for technical assistance under the program-- 7,i7 on a competitive basis2 and 7,,ii7 on a periodic basis1 but not less frequently than once every #ab months4 7ii7 ,priorities ,in selecting eligible entities for technical assistance for commercial applications1 the ,secretary shall give priority to eligible entities with projects that have the greatest potential for-- 7,i7 strengthening the reliability and resilience of the electric grid to the impact of extreme weather events1 power grid failures1 and interruptions in supply of electricity2 7,,ii7 reducing the cost of energy storage systems2 or 7,,iii7 facilitating the use of net zero emission energy resources4 7#h7 ,program defined ,in this subsection 7except in paragraph 7#i771 the term program means the research and development program established under paragraph 7#a74 7#i7 ,technical ,assistance ,grant ,program 7,a7 ,in general ,the ,secretary shall establish a technical assistance grant program 7referred to in this subsection as the program7 to award grants to eligible entities so that entities may seek technical assistance outside of the ,department of ,energy to identify1 evaluate1 plan1 design1 and develop processes to procure energy storage systems4 7,b7 ,technical assistance 7i7 ,in general ,grants for technical assistance may be used to obtain technical assistance with one or more of the following activities relating to energy storage systems3 7,i7 ,identification of opportunities to use energy storage systems4 7,,ii7 ,assessment of technical and economic characteristics4 7,,iii7 ,utility interconnection4 7,,iv7 ,permitting and siting issues4 7,v7 ,business planning and financial analysis4 7,,vi7 ,engineering design4 7,,vii7 ,carrying out initial assessment to identify net system benefits of using energy storage systems4 7,,viii7 ,obtaining guidance relating to methods to assess energy storage in long-term resource planning and resource procurement4 7,,ix7 ,carrying out studies to assess the cost-benefit ratio of energy storage systems4 7,x7 ,obtaining guidance on complying with state and local regulatory technical standards1 including siting and permitting standards4 7ii7 ,exclusion ,the grants for technical assistance described in subparagraph 7,a7 shall not be used for assistance relating to modification of ,federal1 ,state1 or local regulations or policies relating to energy storage systems4 7,c7 ,applications 7i7 ,in general ,an eligible entity desiring grants for technical assistance under the program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7ii7 ,application process ,the ,secretary shall seek applications for technical assistance grants under the program-- 7,i7 on a competitive basis2 and 7,,ii7 on a periodic basis1 but not less frequently than once every #ab months4 7,d7 ,priorities ,in selecting eligible entities for grants under the program1 the ,secretary shall give priority to eligible entities with projects that have the greatest potential for-- 7i7 strengthening the reliability of energy infrastructure and the resilience of energy infrastructure to the effects of extreme weather events1 power grid failures1 and interruptions in supply of power2 7ii7 reducing the cost of energy storage systems2 7iii7 facilitating the use of renewable energy resources2 7iv7 minimizing environmental impact1 including regulated air pollutants and greenhouse gas emissions2 7v7 improving the feasibility of microgrids or island-mode operation1 particularly in rural areas1 including rural areas with high energy costs2 and 7vi7 maximizing local job creation4 7,e7 ,rules and procedures 7i7 ,rules ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall1 by rule1 establish procedures for carrying out the program4 7ii7 ,grants ,not later than #abj days after the date on which the ,secretary establishes procedures for the program under subparagraph 7,a71 the ,secretary shall issue grants under this subsection4 7,f7 ,reports ,the ,secretary shall submit to ,congress and make available to the public-- 7i7 not less frequently than once every #b years1 a report describing the performance of the program under this subsection1 including a synthesis and analysis of any information the ,secretary requires grant recipients to provide to the ,secretary as a condition of receiving a grant2 and 7ii7 on termination of the program under this subsection1 an assessment of the success of1 and education provided by1 the measures carried out by eligible entities under the program4 7#aj7 ,department of ,energy ,workshops ,the ,secretary shall hold one or more workshops during each of calendar years #bjba and #bjbc to facilitate the sharing1 across the ,department of ,energy1 the ,states1 local and ,tribal governments1 industry1 and the academic research community1 of research developments and new technical knowledge gained in carrying out this subsection4 4 7b7 ,energy storage demonstration program ,the ,united ,states ,energy ,storage ,competitiveness ,act of #bjjg 7#db ,u4,s4,c4 #agbca71 as amended1 is further amended by inserting after subsection 7l71 as added by subsection 7a71 the following3 7m7 ,energy storage demonstration program 7#a7 ,establishment ,the ,secretary shall establish a competitive grant program for the demonstration of energy storage systems1 as identified by the ,secretary1 that use either-- 7,a7 a single system2 or 7,b7 aggregations of multiple systems4 7#b7 ,selection requirements ,in selecting eligible entities to receive a grant under this section1 the ,secretary shall1 to the maximum extent practicable-- 7,a7 ensure regional diversity among eligible entities that receive the grants1 including participation by rural ,states and small ,states2 7,b7 ensure that specific projects selected for grants-- 7i7 expand on the existing technology demonstration programs of the ,department of ,energy2 and 7ii7 are designed to achieve one or more of the objectives described in paragraph 7#c72 7,c7 give consideration to proposals from eligible entities for securing energy storage through competitive procurement or contract for service2 and 7,d7 prioritize projects that leverage matching funds from non-,federal sources4 7#c7 ,objectives ,each demonstration project selected for a grant under paragraph 7#a7 shall include one or more of the following objectives3 7,a7 ,to improve the security of critical infrastructure and emergency response systems4 7,b7 ,to improve the reliability of the transmission and distribution system1 particularly in rural areas1 including high energy cost rural areas4 7,c7 ,to optimize transmission or distribution system operation and power quality to defer or avoid costs of replacing or upgrading electric grid infrastructure1 including transformers and substations4 7,d7 ,to supply energy at peak periods of demand on the electric grid or during periods of significant variation of electric grid supply or demand4 7,e7 ,to reduce peak loads of homes and businesses1 particularly to defer or avoid investments in new electric grid capacity4 7,f7 ,to advance power conversion systems to make the systems smarter1 more efficient1 able to communicate with other inverters1 and able to control voltage4 7,g7 ,to provide ancillary services for grid stability and management4 7,h7 ,to integrate one or more energy resources1 including renewable energy resources1 at the source or away from the source4 7,i7 ,to increase the feasibility of microgrids or island-mode operation4 7,j7 ,to enable the use of stored energy in forms other than electricity to support the natural gas system and other industrial processes4 7#d7 ,restriction on use of funds ,any eligible entity that receives a grant under paragraph 7#a7 may only use the grant to fund programs relating to the demonstration of energy storage systems connected to the electric grid1 or that provides bi-directional energy storage capable of providing back-up energy in the event of grid outages1 including energy storage systems sited behind a customer revenue meter4 7#e7 ,cost sharing ,in carrying out this section1 the ,secretary shall require cost sharing under this section in accordance with section #ihh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceb74 7#f7 ,no project ownership interest ,the ,united ,states shall hold no equity or other ownership interest in an energy storage system for which a grant is provided under paragraph 7#a74 7#g7 ,rules and procedures2 awarding of grants 7,a7 ,rules and procedures ,not later than #ahj days after the date of enactment of this subsection1 the ,secretary shall adopt rules and procedures for carrying out the grant program under subsection 7m74 7,b7 ,awarding of grants ,not later than #a year after the date on which the rules and procedures under paragraph 7,a7 are established1 the ,secretary shall award the initial grants provided under this section4 7#h7 ,reports ,the ,secretary shall submit to ,congress and make publicly available-- 7,a7 not less frequently than once every #b years for the duration of the grant program under subsection 7m71 a report describing the performance of the grant program1 including a synthesis and analysis of any information the ,secretary requires grant recipients to provide to the ,secretary as a condition of receiving a grant2 and 7,b7 on termination of the grant program under subsection 7m71 an assessment of the success of1 and education provided by1 the measures carried out by grant recipients under the grant program4 7#i7 ,program defined ,in this subsection1 the term program means the demonstration program established under paragraph 7#a74 4 7c7 ,authorization of appropriations ,the ,united ,states ,energy ,storage ,competitiveness ,act of #bjjg 7#db ,u4,s4,c4 #agbca7 is amended1 in subsection 7t7 7as redesignated by subsection 7a77#a77-- 7#a7 in paragraph 7#e71 by striking and at the end2 7#b7 in paragraph 7#f71 by striking the period at the end and inserting 22 and 7#c7 by adding at the end the following3 7#g7 the research and development program for energy storage systems under subsection 7l7-- 7,a7 #fe1ajj1jjj for fiscal year #bjba2 7,b7 #fh1cee1jjj for fiscal year #bjbb2 7,c7 #ga1ggc1jjj for fiscal year #bjbc2 7,d7 #ge1cfb1jjj for fiscal year #bjbd2 and 7,e7 #gi1acj1jjj for fiscal year #bjbe2 and 7#h7 the demonstration program for energy storage systems under subsection 7m71 #ej1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 #ecjb4 ,critical mineral recycling and reuse research1 development1 and demonstration program ,the ,united ,states ,energy ,storage ,competitiveness ,act of #bjjg 7#db ,u4,s4,c4 #agbca7 is amended by inserting after subsection 7m71 as added by section #ecja7;b7 of this ,act1 the following3 7n7 ,critical mineral recycling and reuse research1 development1 and demonstration program 7#a7 ,definitions ,in this subsection3 7,a7 ,critical mineral ,the term critical mineral means any of a class of chemical elements that have a high risk of a supply disruption and are critical to one or more new1 energy-related technologies such that a shortage of such element would significantly inhibit large-scale deployment of technologies that store energy4 7,b7 ,recycling ,the term recycling means the separation of critical minerals embedded within an energy storage system through physical or chemical means and reuse of those separated critical minerals in other technologies4 7#b7 ,establishment ,not later than #ahj days after the date of enactment of this subsection1 the ,secretary shall establish a research1 development1 and demonstration program of recycling of energy storage systems containing critical minerals4 7#c7 ,research1 development1 and demonstration ,in carrying out the program1 the ,secretary may focus research1 development1 and demonstration activities on-- 7,a7 technologies1 process improvements1 and design optimizations that facilitate and promote recycling1 including-- 7i7 improvement of efficiency and rates of collection of products and scrap containing critical minerals from consumer1 industrial1 and other waste streams2 7ii7 separation and sorting of component materials in energy storage systems containing critical minerals1 including improving the recyclability of such energy storage systems2 7iii7 safe storage of energy storage systems1 including reducing fire risk2 7iv7 safe transportation of energy storage systems and components2 and 7v7 development of technologies to advance energy storage recycling facility infrastructure1 including integrated recycling facilities that can process multiple materials2 7,b7 research and development of technologies that mitigate emissions and environmental impacts that arise from recycling1 including disposal of toxic reagents and byproducts related to recycling processes2 7,c7 research and development of technologies to enable recycling of critical materials from batteries in electric vehicles2 7,d7 research on and analysis of non-technical barriers to improving the transportation of energy storage systems containing critical minerals2 and 7,e7 research on technologies and methods to enable the safe disposal of energy storage systems containing critical minerals1 including waste materials and components recovered during the recycling process4 7#d7 ,report to congress ,not later than #b years after the date of enactment of this subsection1 and every #c years thereafter1 the ,secretary shall submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report summarizing the activities1 findings1 and progress of the program4 7o7 ,definitions ,for purposes of subsections 7l71 7m71 and 7n71 the following definitions apply3 7#a7 ,energy storage system ,the term energy storage system means equipment or facilities relating to the electric grid that are capable of absorbing and converting energy1 as applicable1 storing the energy for a period of time1 and dispatching the energy1 and that-- 7,a7 use mechanical1 electrochemical1 biochemical1 or thermal processes1 to convert and store energy that was generated at an earlier time for use at a later time2 7,b7 use mechanical1 electrochemical1 biochemical1 or thermal processes to convert and store energy generated from mechanical processes that would otherwise be wasted for delivery at a later time2 or 7,c7 convert and store energy in an electric1 thermal1 or gaseous state for consumption at a later time in a manner that avoids the need to use electricity or other fuel sources at that later time1 as is offered by grid-enabled water heaters1 building heaters or coolers1 electric vehicles1 mini-pumped hydroelectric facilities1 electrolysis processes that make hydrogen for transportation or industrial needs1 or any other load shaping mechanism that includes energy storage4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state1 territory1 or possession of the ,united ,states2 7,b7 a ,state energy office 7as defined in section #abd7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehba7;a7772 7,c7 a tribal organization 7as defined in section #cgfe of title #ch1 ,united ,states ,code72 7,d7 an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja772 7,e7 an electric utility1 including-- 7i7 a rural electric cooperative2 7ii7 a political subdivision of a ,state1 such as a municipally owned electric utility1 or any agency1 authority1 corporation1 or instrumentality of one or more ,state political subdivisions2 and 7iii7 an investor-owned utility2 and 7,f7 a private energy storage company that is a small business concern 7as defined in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb774 7#c7 ,island mode ,the term island mode means a mode in which a distributed generator or energy storage system continues to power a location in the absence of electric power from the primary source4 7#d7 ,microgrid ,the term microgrid means an integrated energy system consisting of interconnected loads and distributed energy resources1 including generators and energy storage systems1 within clearly defined electrical boundaries that-- 7,a7 acts as a single controllable entity with respect to the electric grid2 7,b7 can connect to1 and disconnect from1 the electric grid to operate in both grid-connected mode and island mode4 7#e7 ,national laboratory ,the term national laboratory has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 4 #b ,grid ,modernization ,research and ,development #ecba4 ,smart grid regional demonstration initiative ,section #acjd of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agchd7 is amended-- 7#a7 in subsection 7a71 by inserting research1 development1 and demonstration before program2 7#b7 in subsection 7b7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,the ,secretary shall establish a smart grid regional demonstration initiative 7referred to in this subsection as the ,initiative7 composed of demonstration projects focused on cost-effective1 advanced technologies for use in power grid sensing1 communications1 analysis1 power flow control1 visualization1 distribution automation1 industrial control systems1 dynamic line rating systems1 grid redesign1 and the integration of distributed energy resources4 2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,d71 by striking and at the end2 7ii7 in subparagraph 7,e71 by striking the period and inserting 2 and2 and 7iii7 by inserting at the end the following3 7,f7 to encourage the commercial application of advanced distribution automation technologies that exert intelligent control over electrical grid functions at the distribution level to improve system resilience4 4 #ecbb4 ,smart grid modeling1 visualization1 architecture1 and controls ,title ,,xiii of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agcha et seq47 is amended by inserting after section #acjd the following3 #acjd;a4 ,smart grid modeling1 visualization1 architecture1 and controls 7a7 ,in general ,not later than #ahj days after the enactment of this section1 the ,secretary shall establish a program of research1 development1 demonstration1 and commercial application on electric grid modeling1 sensing1 visualization1 architecture development1 and advanced operation and controls4 7b7 ,modeling research and development ,the ,secretary shall support development of models of emerging technologies and systems to facilitate the secure and reliable design1 planning1 and operation of the electric grid for use by industry stakeholders4 ,in particular1 the ,secretary shall support development of-- 7#a7 models to analyze and predict the effects of adverse physical and cyber events on the electric grid2 7#b7 coupled models of electrical1 physical1 and cyber systems2 7#c7 models of existing and emerging technologies being deployed on the electric grid due to projected changes in the electric generation mix and loads1 for a variety of regional characteristics2 and 7#d7 integrated models of the communications1 transmission1 distribution1 and other interdependent systems for existing1 new1 and emerging technologies4 7c7 ,situational awareness research and development 7#a7 ,in general ,the ,secretary shall support development of computational tools and technologies to improve sensing1 monitoring1 and visualization of the electric grid for real-time situational awareness and decision support tools that enable improved operation of the power system1 including utility1 non-utility1 and customer grid-connected assets1 for use by industry partners4 7#b7 ,data use ,in developing visualization capabilities under this section1 the ,secretary shall develop tools for industry stakeholders to use to analyze data collected from advanced measurement and monitoring technologies1 including data from phasor measurement units and advanced metering units4 7#c7 ,severe events ,the ,secretary shall prioritize enhancing cyber and physical situational awareness of the electric grid during adverse manmade and naturally-occurring events4 7d7 ,architecture ,the ,secretary shall conduct research in collaboration with industry stakeholders to develop model grid architectures to assist with wide-area transmission and distribution planning that incorporate expected changes to the modern electric grid4 ,in supporting the development of model grid architectures1 the ,secretary shall-- 7#a7 analyze a variety of grid architecture scenarios that range from minor upgrades to existing transmission grid infrastructure to scenarios that involve the replacement of significant portions of existing transmission grid infrastructure2 7#b7 analyze the effects of the increasing proliferation of renewable and other zero emissions energy generation sources1 increasing use of distributed resources owned by non-utility entities1 and the use of digital and automated controls not managed by grid operators2 7#c7 include a variety of new and emerging distribution grid technologies1 including distributed energy resources1 electric vehicle charging stations1 distribution automation technologies1 energy storage1 and renewable energy sources2 7#d7 analyze the effects of local load balancing and other forms of decentralized control2 7#e7 analyze the effects of changes to grid architectures resulting from modernizing electric grid systems1 including communications1 controls1 markets1 consumer choice1 emergency response1 electrification1 and cybersecurity concerns2 and 7#f7 develop integrated grid architectures that incorporate system resilience for cyber1 physical1 and communications systems4 7e7 ,operation and controls research and development ,the ,secretary shall conduct research to develop improvements to the operation and controls of the electric grid1 in coordination with industry partners4 ,such activities shall include-- 7#a7 a training facility or facilities to allow grid operators to gain operational experience with advanced grid control concepts and technologies2 7#b7 development of cost-effective advanced operation and control concepts and technologies1 such as adaptive islanding1 dynamic line rating systems1 power flow controllers1 network topology optimization1 smart circuit breakers1 intelligent load shedding1 and fault-tolerant control system architectures2 7#c7 development of real-time control concepts using artificial intelligence and machine learning for improved electric grid resilience2 and 7#d7 utilization of advanced data analytics including load forecasting1 power flow modeling1 equipment failure prediction1 resource optimization1 risk analysis1 and decision analysis4 7f7 ,interoperability research and development ,the ,secretary shall conduct research and development on tools and technologies that improve the interoperability and compatibility of new and emerging components1 technologies1 and systems with existing electric grid infrastructure4 7g7 ,underground transmission and distribution lines ,in carrying out the program under subsection 7a71 the ,secretary shall support research and development on underground transmission and distribution lines4 ,this shall include research on-- 7#a7 methods for lowering the costs of underground transmission and distribution lines1 including through novel installation techniques and materials considerations2 7#b7 techniques to improve the lifespan of underground transmission and distribution lines2 7#c7 wireless sensors to improve safety of underground transmission and distribution lines and to predict1 identify1 detect1 and transmit information about degradation and faults2 and 7#d7 methods for improving the resilience and reliability of underground transmission and distribution lines1 including by mitigating the impact of flooding1 storm surge1 and seasonal climate cycles on degradation of and damage to underground transmission and distribution lines4 7h7 ,computing resources and data coordination research and development ,in carrying out this section1 the ,secretary shall-- 7#a7 leverage existing computing resources at the ,national ,laboratories2 7#b7 develop voluntary standards for data taxonomies and communication protocols in coordination with public and private sector stakeholders2 and 7#c7 comply with section #ecbg of the ,clean ,economy ,jobs and ,innovation ,act4 7i7 ,information sharing ,none of the activities authorized in this section shall require private entities to share information or data with the ,secretary4 7j7 ,resilience ,in this section1 the term resilience means the ability to withstand and reduce the magnitude or duration of disruptive events1 which includes the capability to anticipate1 absorb1 adapt to1 or rapidly recover from such an event1 including from deliberate attacks1 accidents1 and naturally occurring threats or incidents4 4 #ecbc4 ,hybrid energy systems ,title ,,xiii of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agcha et seq471 as amended1 is amended by adding at the end the following3 #acaj4 ,hybrid energy systems 7a7 ,in general ,not later than #ahj days after the enactment of this section1 the ,secretary shall establish a research1 development1 and demonstration program to develop cost-effective hybrid energy systems1 including-- 7#a7 development of computer modeling to design different configurations of hybrid energy systems and to optimize system operation2 7#b7 research on system integration needed to plan1 design1 build1 and operate hybrid energy systems1 including interconnection requirements with the electric grid2 7#c7 development of hybrid energy systems for various applications1 including-- 7,a7 thermal energy generation and storage for buildings and manufacturing2 7,b7 electricity storage coupled with energy generation2 7,c7 desalination2 7,d7 production of liquid and gaseous fuels2 and 7,e7 production of chemicals such as ammonia and ethylene2 7#d7 development of testing facilities for hybrid energy systems2 and 7#e7 research on incorporation of various technologies for hybrid energy systems1 including nuclear energy1 renewable energy1 storage1 and carbon capture1 utilization1 and sequestration technologies4 7b7 ,strategic plan 7#a7 ,in general ,not later than #a year after the date of the enactment of this section1 the ,secretary shall submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a strategic plan that identifies opportunities1 challenges1 and standards needed for the development and commercial application of hybrid energy systems4 ,the strategic plan shall include-- 7,a7 analysis of the potential benefits of development of hybrid electric systems on the electric grid2 7,b7 analysis of the potential contributions of hybrid energy systems to different grid architecture scenarios2 7,c7 research and development goals for various hybrid energy systems1 including those identified in subsection 7a72 7,d7 assessment of policy and market barriers to the adoption of hybrid energy systems2 7,e7 analysis of the technical and economic feasibility of adoption of different hybrid energy systems2 and 7,f7 a #aj-year roadmap to guide the program established under subsection 7a74 7#b7 ,updates ,not less than once every #c years for the duration of this research program1 the ,secretary shall submit an updated version of the strategic plan to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate4 7c7 ,program implementation ,in carrying out the research1 development1 demonstration1 and commercial application aims of section1 the ,secretary shall-- 7#a7 implement the recommendations set forth in the strategic plan in subsection 7b72 7#b7 coordinate across all relevant program offices at the ,department1 including-- 7,a7 the ,office of ,energy ,efficiency and ,renewable ,energy2 7,b7 the ,office of ,nuclear ,energy2 and 7,c7 the ,office of ,fossil ,energy2 7#c7 leverage existing programs and resources of the ,department2 7#d7 prioritize activities that accelerate the development of integrated electricity generation1 storage1 and distribution systems with net zero greenhouse gas emissions2 and 7#e7 comply with section #ecbf of the ,clean ,economy ,jobs and ,innovation ,act4 7d7 ,hybrid energy system defined ,the term hybrid energy system means a system composed of #b or more co-located or jointly operated sub-systems of energy generation1 energy storage1 or other energy technologies4 4 #ecbd4 ,grid integration research and development 7a7 ,integrating distributed energy resources onto the electric grid ,section #ibe7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbae7 is amended-- 7#a7 by redesignating paragraphs 7#aj7 and 7#aa7 as paragraphs 7#ab7 and 7#ac71 respectively2 and 7#b7 by inserting after paragraph 7#i7 the following3 7#aj7 the development of cost-effective technologies that enable two-way information and power flow between distributed energy resources and the electric grid2 7#aa7 the development of technologies and concepts that enable interoperability between distributed energy resources and other behind-the-meter devices and the electric grid2 4 7b7 ,integrating renewable energy onto the electric grid ,subtitle ,c of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbca et seq47 is amended by adding at the end the following3 #icf4 ,research and development into integrating renewable energy onto the electric grid 7a7 ,in general ,not later than #ahj days after the enactment of this section1 the ,secretary shall establish a research1 development1 and demonstration program on technologies that enable integration of renewable energy generation sources onto the electric grid across multiple program offices of the ,department4 ,the program shall include-- 7#a7 forecasting for predicting generation from variable renewable energy sources2 7#b7 development of cost-effective low-loss1 long-distance transmission lines2 and 7#c7 development of cost-effective advanced technologies for variable renewable generation sources to provide grid services4 7b7 ,coordination ,in carrying out this program1 the ,secretary shall-- 7#a7 coordinate across all relevant program offices at the ,department to achieve the goals established in this section1 including the ,office of ,electricity2 and 7#b7 comply with section #ecbf of the ,clean ,economy ,jobs and ,innovation ,act4 7c7 ,adoption of technologies ,in carrying out this section1 the ,secretary shall consider barriers to adoption and commercial application of technologies that enable integration of renewable energy sources onto the electric grid1 including cost and other economic barriers1 and shall coordinate with relevant entities to reduce these barriers4 4 7c7 ,integrating electric vehicles onto the electric grid ,subtitle ,b of title ,i of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjaa et seq47 is amended by adding at the end the following3 #acg4 ,research and development into integrating electric vehicles onto the electric grid 7a7 ,in general ,the ,secretary shall establish a research1 development1 and demonstration program to advance the integration of electric vehicles1 including plug-in hybrid electric vehicles1 onto the electric grid4 7b7 ,vehicles-to-grid integration assessment report ,not later than #a year after the enactment of this section1 the ,secretary shall submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report on the results of a study that examines the research1 development1 and demonstration opportunities1 challenges1 and standards needed for integrating electric vehicles onto the electric grid4 7#a7 ,report requirements ,the report shall include-- 7,a7 an evaluation of the use of electric vehicles to maintain the reliability of the electric grid1 including-- 7i7 the use of electric vehicles for demand response1 load shaping1 emergency power1 and frequency regulation2 and 7ii7 the potential for the reuse of spent electric vehicle batteries for stationary grid storage2 7,b7 the impact of grid integration on electric vehicles1 including-- 7i7 the impact of bi-directional electricity flow on battery degradation2 and 7ii7 the implications of the use of electric vehicles for grid services on original equipment manufacturer warranties2 7,c7 the impacts to the electric grid of increased penetration of electric vehicles1 including-- 7i7 the distribution grid infrastructure needed to support an increase in charging capacity2 7ii7 strategies for integrating electric vehicles onto the distribution grid while limiting infrastructure upgrades2 7iii7 the changes in electricity demand over a #bd-;hour cycle due to electric vehicle charging behavior2 7iv7 the load increases expected from electrifying the transportation sector2 7v7 the potential for customer incentives and other managed charging stations strategies to shift charging off-peak2 7vi7 the technology needed to achieve bi-directional power flow on the distribution grid2 and 7vii7 the implementation of smart charging techniques2 7,d7 research on the standards needed to integrate electric vehicles with the grid1 including communications systems1 protocols1 and charging stations1 in collaboration with the ,national ,institute for ,standards and ,technology2 7,e7 the cybersecurity challenges and needs associated with electrifying the transportation sector2 and 7,f7 an assessment of the feasibility of adopting technologies developed under the program established under subsection 7a7 at ,department facilities4 7#b7 ,recommendations ,as part of the ,vehicles-to-,grid ,integration ,assessment ,report1 the ,secretary shall develop a #aj-year roadmap to guide the research1 development1 and demonstration program to integrate electric vehicles onto the electric grid4 7#c7 ,consultation ,in developing this report1 the ,secretary shall consult with relevant stakeholders1 including-- 7,a7 electric vehicle manufacturers2 7,b7 electric utilities2 7,c7 public utility commissions2 7,d7 vehicle battery manufacturers2 7,e7 electric vehicle supply equipment manufacturers2 7,f7 charging infrastructure manufacturers2 7,g7 the ,national ,laboratories2 and 7,h7 other ,federal agencies1 as the ,secretary determines appropriate4 7#d7 ,updates ,the ,secretary shall update the report required under this section every #c years for the duration of the program under section 7a7 and shall submit the updated report to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate4 7c7 ,program implementation ,in carrying out the research1 development1 demonstration1 and commercial application aims of section1 the ,secretary shall-- 7#a7 implement the recommendations set forth in the report in subsection 7b72 7#b7 coordinate across all relevant program offices at the ,department to achieve the goals established in this section1 including the ,office of ,electricity2 and 7#c7 comply with section #ecbf of the ,clean ,economy ,jobs and ,innovation ,act4 7d7 ,testing capabilities ,the ,secretary shall coordinate with the ,national ,laboratories to develop testing capabilities for the evaluation1 rapid prototyping1 and optimization of technologies enabling integration of electric vehicles onto the electric grid4 4 7d7 ,research and development on integrating buildings onto the electric grid ,subtitle ,b of title ,,iv of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjha et seq47 is amended by adding at the end the following3 #dbf4 ,advanced integration of buildings onto the electric grid 7a7 ,buildings-to-grid integration report ,not later than #a year after the enactment of this section1 the ,secretary shall submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report on the results of a study that examines the research1 development1 and demonstration opportunities1 challenges1 and standards needed to enable components of commercial and residential buildings to serve as dynamic energy loads on and resources for the electric grid4 7#a7 ,report requirements ,the report shall include-- 7,a7 an assessment of the technologies needed to enable building components as dynamic loads on and resources for the electric grid1 including how such technologies can be-- 7i7 incorporated into new commercial and residential buildings2 and 7ii7 retrofitted in older buildings2 7,b7 guidelines for the design of new buildings and building components to enable modern grid interactivity and improve energy efficiency2 7,c7 an assessment of barriers to the adoption by building owners of advanced technologies enabling greater integration of building components onto the electric grid2 and 7,d7 an assessment of the feasibility of adopting advanced building technologies at ,department facilities4 7#b7 ,recommendations ,as part of the report1 the ,secretary shall develop a #aj-year roadmap to guide the research1 development1 and demonstration program to enable components of commercial and residential buildings to serve as dynamic energy loads on and resources for the electric grid4 7#c7 ,updates ,the ,secretary shall update the report required under this section every #c years for the duration of the program under subsection 7a7 and shall submit the updated report to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate4 7b7 ,program implementation ,in carrying out this section1 the ,secretary shall-- 7#a7 implement the recommendations from the report in subsection 7a72 7#b7 coordinate across all relevant program offices at the ,department to achieve the goals established in this section1 including the ,office of ,electricity2 and 7#c7 comply with section #ecbf of the ,clean ,economy ,jobs and ,innovation ,act4 4 #ecbe4 ,industry alliance ,title ,,xiii of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agcha et seq471 as amended1 is amended by adding at the end the following3 #acaa4 ,industry alliance 7a7 ,in general ,not later than #ahj days after the enactment of this section1 the ,secretary shall establish an advisory committee 7to be known as the ,industry ,alliance7 to advise the ,secretary on the authorization of research1 development1 and demonstration projects under sections #acjd and #acjd;a4 7b7 ,membership ,the ,industry ,alliance shall be composed of members selected by the ,secretary that1 as a group1 are broadly representative of ,united ,states electric grid research1 development1 infrastructure1 operations1 and manufacturing expertise4 7c7 ,responsibility ,the ,secretary shall annually solicit from the ,industry ,alliance-- 7#a7 comments to identify grid modernization technology needs2 7#b7 an assessment of the progress of the research activities on grid modernization2 and 7#c7 assistance in annually updating grid modernization technology roadmaps4 4 #ecbf4 ,coordination of efforts ,in carrying out the amendments made by this part1 the ,secretary shall coordinate with relevant entities to the maximum extent practicable1 including-- 7#a7 electric utilities2 7#b7 private sector entities2 7#c7 representatives of all sectors of the electric power industry2 7#d7 transmission organizations2 7#e7 transmission owners and operators2 7#f7 distribution organizations2 7#g7 distribution asset owners and operators2 7#h7 ,state1 tribal1 local1 and territorial governments and regulatory authorities2 7#i7 academic institutions2 7#aj7 the ,national ,laboratories2 7#aa7 other ,federal agencies2 7#ab7 nonprofit organizations2 7#ac7 the ,federal ,energy ,regulatory ,commission2 7#ad7 the ,north ,american ,reliability ,corporation2 7#ae7 independent system operators2 and 7#af7 programs and program offices at the ,department4 #ecbg4 ,technical amendments2 authorization of appropriations 7a7 ,technical amendments 7#a7 ,energy ,independence and ,security ,act of #bjjg ,section #a7;b7 of the ,energy ,independence and ,security ,act of #bjjg is amended in the table of contents-- 7,a7 by inserting the following after the item related to section #acf3 ,sec4 #acg4 ,research and development into integrating electric vehicles onto the electric grid4 2 7,b7 by inserting the following after the item related to section #dbe3 ,sec4 #dbf4 ,advanced integration of buildings onto the electric grid4 2 7,c7 by inserting the following after the item related to section #acjd3 ,sec4 #acjd;a4 ,smart grid modeling1 visualization1 architecture1 and controls4 2 and 7,d7 by inserting the following after the item related to section #acji3 ,sec4 #acaj4 ,hybrid energy systems4 ,sec4 #acaa4 ,industry ,alliance4 4 7#b7 ,energy ,policy ,act of #bjje ,section #a7;b7 of the ,energy ,policy ,act of #bjje is amended in the table of contents by inserting the following after the item related to section #ice3 ,sec4 #icf4 ,research and development into integrating renewable energy onto the electric grid4 4 7b7 ,authorization of appropriations ,there are authorized to be appropriated-- 7#a7 to carry out sections #ecbe and #ecbf and the amendments made by sections #ecba and #ecbb of this part-- 7,a7 #age1jjj1jjj for fiscal year #bjba2 7,b7 #ahj1jjj1jjj for fiscal year #bjbb2 7,c7 #ahe1jjj1jjj for fiscal year #bjbc2 7,d7 #aij1jjj1jjj for fiscal year #bjbd2 and 7,e7 #aii1ejj1jjj for fiscal year #bjbe2 7#b7 to carry out section #ecbc of this part-- 7,a7 #ba1jjj1jjj for fiscal year #bjba2 7,b7 #bb1jej1jjj for fiscal year #bjbb2 7,c7 #bc1aec1jjj for fiscal year #bjbc2 7,d7 #bd1caj1jjj for fiscal year #bjbd2 and 7,e7 #be1ebe1jjj for fiscal year #bjbe2 and 7#c7 to carry out section #ecbd of this part-- 7,a7 #eb1ejj1jjj for fiscal year #bjba2 7,b7 #ee1aeb1jjj for fiscal year #bjbb2 7,c7 #eg1hhb1jjj for fiscal year #bjbc2 7,d7 #fj1gge1jjj for fiscal year #bjbd2 and 7,e7 #fc1had1jjj for fiscal year #bjbe4 #c ,grid ,security ,research and ,development #ecda4 ,amendment to ,energy ,independence and ,security ,act of #bjjg 7a7 ,in general ,title ,,xiii of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agcha et seq471 as amended by this ,act1 is further amended by adding at the end the following3 #acab4 ,energy sector security research1 development1 and demonstration program 7a7 ,in general ,the ,secretary1 in coordination with appropriate ,federal agencies1 the ,electricity ,subsector ,coordinating ,council1 the ,electric ,reliability ,organization1 ,state1 tribal1 local1 and territorial governments1 the private sector1 and other relevant stakeholders1 shall carry out a research1 development1 and demonstration program to protect the electric grid and energy systems1 including assets connected to the distribution grid1 from cyber and physical attacks by increasing the cyber and physical security capabilities of the energy sector and accelerating the development of relevant technologies and tools4 7b7 ,department of energy ,as part of the initiative described in subsection 7a71 the ,secretary shall award research1 development1 and demonstration grants to-- 7#a7 identify cybersecurity risks to the electricity sector1 energy systems1 and energy infrastructure2 7#b7 develop methods and tools to rapidly detect cyber intrusions and cybersecurity incidents1 including through the use of data and big data analytics techniques1 such as intrusion detection1 and security information and event management systems1 to validate and verify system behavior2 7#c7 assess emerging cybersecurity capabilities that could be applied to energy systems and develop technologies that integrate cybersecurity features and procedures into the design and development of existing and emerging grid technologies1 including renewable energy1 storage1 and demand-side management technologies2 7#d7 identify existing vulnerabilities in intelligent electronic devices1 advanced analytics systems1 and information systems2 7#e7 work with relevant entities to develop technologies or concepts that build or retrofit cybersecurity features and procedures into-- 7,a7 information and energy management system devices1 components1 software1 firmware1 and hardware1 including distributed control and management systems1 and building management systems2 7,b7 data storage systems1 data management systems1 and data analysis processes2 7,c7 automated- and manually-controlled devices and equipment for monitoring and stabilizing the electric grid2 7,d7 technologies used to synchronize time and develop guidance for operational contingency plans when time synchronization technologies1 are compromised2 7,e7 power system delivery and end user systems and devices that connect to the grid1 including-- 7i7 meters1 phasor measurement units1 and other sensors2 7ii7 distribution automation technologies1 smart inverters1 and other grid control technologies2 7iii7 distributed generation1 energy storage1 and other distributed energy technologies2 7iv7 demand response technologies2 7v7 home and building energy management and control systems2 7vi7 electric and plug-in hybrid vehicles and electric vehicle charging systems2 and 7vii7 other relevant devices1 software1 firmware1 and hardware2 and 7,f7 the supply chain of electric grid management system components2 7#f7 develop technologies that improve the physical security of information systems1 including remote assets2 7#g7 integrate human factors research into the design and development of advanced tools and processes for dynamic monitoring1 detection1 protection1 mitigation1 response1 and cyber situational awareness2 7#h7 evaluate and understand the potential consequences of practices used to maintain the cybersecurity of information systems and intelligent electronic devices2 7#i7 develop or expand the capabilities of existing cybersecurity test beds to simulate impacts of cyber attacks and combined cyber-physical attacks on information systems and electronic devices1 including by increasing access to existing and emerging test beds for cooperative utilities1 utilities owned by a political subdivision of a ,state1 such as municipally-owned electric utilities1 and other relevant stakeholders2 and 7#aj7 develop technologies that reduce the cost of implementing effective cybersecurity technologies and tools1 including updates to these technologies and tools1 in the energy sector4 7c7 ,national science foundation ,the ,national ,science ,foundation1 in coordination with other ,federal agencies1 shall through its cybersecurity research and development programs-- 7#a7 support basic research to advance knowledge1 applications1 technologies1 and tools to strengthen the cybersecurity of information systems that support the electric grid and energy systems1 including interdisciplinary research in-- 7,a7 evolutionary systems1 theories1 mathematics1 and models2 7,b7 economic and financial theories1 mathematics1 and models2 and 7,c7 big data analytical methods1 mathematics1 computer coding1 and algorithms2 and 7#b7 support cybersecurity education and training focused on information systems for the electric grid and energy workforce1 including through the ,advanced ,technological ,education program1 the ,cybercorps program1 graduate research fellowships1 and other appropriate programs4 #acac4 ,grid resilience and emergency response 7a7 ,in general ,not later than #ahj days after the enactment of this section1 the ,secretary1 in coordination with appropriate ,federal agencies1 shall establish a research1 development1 and demonstration program to enhance resilience and strengthen emergency response and management pertaining to the energy sector4 7b7 ,grants ,the ,secretary shall award grants to eligible entities under subsection 7c7 on a competitive basis to conduct research and development with the purpose of improving the resilience and reliability of electric grid by-- 7#a7 developing methods to improve community and governmental preparation for and emergency response to large-area1 long-duration electricity interruptions1 including through the use of energy efficiency1 storage1 and distributed generation technologies2 7#b7 developing tools to help utilities and communities ensure the continuous delivery of electricity to critical facilities2 7#c7 developing tools to improve coordination between utilities and relevant ,federal agencies to enable communication1 information-sharing1 and situational awareness in the event of a physical or cyber-attack on the electric grid2 7#d7 developing technologies and capabilities to withstand and address the current and projected impact of the changing climate on energy sector infrastructure1 including extreme weather events other natural disasters1 and wildfires2 7#e7 developing technologies capable of early detection of malfunctioning electrical equipment on the transmission and distribution grid1 including detection of spark ignition causing wildfires and risks of vegetation contact2 7#f7 assessing upgrades and additions needed to energy sector infrastructure due to projected changes in the energy generation mix and energy demand2 7#g7 upgrading tools used to estimate the costs of outages longer than #bd hours2 and 7#h7 developing tools and technologies to assist with the planning1 safe execution of1 and safe and timely restoration of power after emergency power shut offs1 such as those conducted to reduce risks of wildfires started by grid infrastructure4 7c7 ,concurrent and ,co-,located disasters ,in carrying out the program under subsection 7a71 the ,secretary shall support research and development on tools1 techniques1 and technologies for improving electric grid and energy sector safety and resilience in the event of multiple simultaneous or co-located weather or climate events leading to extreme conditions1 such as extreme wind1 wildfires1 and extreme heat4 7d7 ,eligible entities ,the entities eligible to receive grants under this section include-- 7#a7 an institution of higher education1 including a historically ,black college or university and a minority-serving institution4 7#b7 a nonprofit organization2 7#c7 a ,national ,laboratory2 7#d7 a unit of ,state1 local1 or tribal government2 7#e7 an electric utility or electric cooperative2 7#f7 a retail service provider of electricity2 7#g7 a private commercial entity2 7#h7 a partnership or consortium of #b or more entities described in subparagraphs 7#a7 through 7#g72 and 7#i7 any other entities the ,secretary deems appropriate4 7e7 ,relevant activities ,grants awarded under subsection 7b7 shall include funding for research and development activities related to the purpose described in subsection 7b71 such as-- 7#a7 development of technologies to use distributed energy resources1 such as solar photovoltaics1 energy storage systems1 electric vehicles1 and microgrids1 to improve grid and critical end-user resilience2 7#b7 analysis of non-technical barriers to greater integration and use of technologies on the distribution grid2 7#c7 analysis of past large-area1 long-duration electricity interruptions to identify common elements and best practices for electricity restoration1 mitigation1 and prevention of future disruptions2 7#d7 development of advanced monitoring1 analytics1 operation1 and controls of electric grid systems to improve electric grid resilience2 7#e7 analysis of technologies1 methods1 and concepts that can improve community resilience and survivability of frequent or long-duration power outages2 7#f7 development of methodologies to maintain cybersecurity during restoration of energy sector infrastructure and operation2 7#g7 development of advanced power flow control systems and components to improve electric grid resilience2 and 7#h7 any other relevant activities determined by the ,secretary4 7f7 ,technical assistance 7#a7 ,in general ,the ,secretary1 in consultation with relevant ,federal agencies1 shall provide technical assistance to eligible entities for the commercial application of technologies to improve the resilience of the electric grid and commercial application of technologies to help entities develop plans for preventing and recovering from various power outage scenarios at the local1 regional1 and ,state level4 7#b7 ,technical assistance program ,the commercial application technical assistance program established in paragraph 7#a7 shall include assistance to eligible entities for-- 7,a7 the commercial application of technologies developed from the grant program established in subsection 7b71 including cooperative utilities and utilities owned by a political subdivision of a ,state1 such as municipally-owned electric utilities2 7,b7 the development of methods to strengthen or otherwise mitigate adverse impacts on electric grid infrastructure against natural hazards2 7,c7 the use of ,department data and modeling tools for various purposes2 7,d7 a resource assessment and analysis of future demand and distribution requirements1 including development of advanced grid architectures and risk analysis2 7,e7 the development of tools and technologies to coordinate data across relevant entities to promote resilience and wildfire prevention in the planning1 design1 construction1 operation1 and maintenance of transmission infrastructure2 7,f7 analysis to predict the likelihood of extreme weather events to inform the planning1 design1 construction1 operation1 and maintenance of transmission infrastructure in consultation with the ,national ,oceanic and ,atmospheric ,administration2 and 7,g7 the commercial application of relevant technologies1 such as distributed energy resources1 microgrids1 or other energy technologies1 to establish backup power for users or facilities affected by emergency power shutoffs4 7#c7 ,eligible entities ,the entities eligible to receive technical assistance for commercial application of technologies under this section include-- 7,a7 representatives of all sectors of the electric power industry1 including electric utilities1 trade organizations1 and transmission and distribution system organizations1 owners1 and operators2 7,b7 ,state and local governments and regulatory authorities1 including public utility commissions2 7,c7 tribal and ,alaska ,native governmental entities2 7,d7 partnerships among entities under subparagraphs 7,a7 through 7,c72 7,e7 regional partnerships2 and 7,f7 any other entities the ,secretary deems appropriate4 7#d7 ,authority ,nothing in this section shall authorize the ,secretary to require any entity to adopt any model1 tool1 technology1 plan1 analysis1 or assessment4 #acad4 ,best practices and guidance documents for energy sector cybersecurity research 7a7 ,in general ,the ,secretary1 in coordination with appropriate ,federal agencies1 the ,electricity ,subsector ,coordinating ,council1 standards development organizations1 ,state1 tribal1 local1 and territorial governments1 the private sector1 public utility commissions1 and other relevant stakeholders1 shall coordinate the development of guidance documents for research1 development1 and demonstration activities to improve the cybersecurity capabilities of the energy sector through participating agencies4 ,as part of these activities1 the ,secretary1 in consultation with relevant ,federal agencies1 shall-- 7#a7 facilitate stakeholder involvement to update-- 7,a7 the ,roadmap to ,achieve ,energy ,delivery ,systems ,cybersecurity2 7,b7 the ,cybersecurity ,procurement ,language for ,energy ,delivery ,systems1 including developing guidance for-- 7i7 contracting with third parties to conduct vulnerability testing for information systems used across the energy production1 delivery1 storage1 and end use systems2 7ii7 contracting with third parties that utilize transient devices to access information systems2 and 7iii7 managing supply chain risks2 and 7,c7 the ,electricity ,subsector ,cybersecurity ,capability ,maturity ,model1 including the development of metrics to measure changes in cybersecurity readiness2 and 7#b7 develop voluntary guidance to improve digital forensic analysis capabilities1 including-- 7,a7 developing standardized terminology and monitoring processes2 and 7,b7 utilizing human factors research to develop more effective procedures for logging incident events2 and 7#c7 develop a mechanism to anonymize1 aggregate1 and share the testing results from cybersecurity test beds to facilitate technology improvements by public and private sector researchers4 7b7 ,best practices ,the ,secretary1 in collaboration with the ,director of the ,national ,institute of ,standards and ,technology1 the ,director of the ,cybersecurity and ,infrastructure ,security ,agency1 and other appropriate ,federal agencies1 shall convene relevant stakeholders and facilitate the development of-- 7#a7 consensus-based best practices to improve cybersecurity for-- 7,a7 emerging energy technologies2 7,b7 distributed generation and storage technologies1 and other distributed energy resources2 7,c7 electric vehicles and electric vehicle charging stations2 and 7,d7 other technologies and devices that connect to the electric grid2 7#b7 recommended cybersecurity designs and technical requirements that can be used by the private sector to design and build interoperable cybersecurity features into technologies that connect to the electric grid1 including networked devices and components on distribution systems2 and 7#c7 technical analysis that can be used by the private sector in developing best practices for test beds and test bed methodologies that will enable reproducible testing of cybersecurity protections for information systems1 electronic devices1 and other relevant components1 software1 and hardware across test beds4 7c7 ,regulatory authority ,none of the activities authorized in this section shall be construed to authorize regulatory actions4 ,additionally1 the voluntary standards developed under this section shall not duplicate or conflict with mandatory reliability standards4 #acae4 ,vulnerability testing and technical assistance to improve cybersecurity ,the ,secretary shall-- 7#a7 coordinate with appropriate ,federal agencies and energy sector asset owners and operators1 leveraging the research facilities and expertise of the ,national ,laboratories1 to assist entities in developing testing capabilities by-- 7,a7 utilizing a range of methods to identify vulnerabilities in physical and cyber systems2 7,b7 developing cybersecurity risk assessment tools and providing analyses and recommendations to participating stakeholders2 and 7,c7 working with appropriate ,federal agencies and stakeholders to develop methods to share anonymized and aggregated test results to assist relevant stakeholders in the energy sector1 researchers1 and the private sector to advance cybersecurity efforts1 technologies1 and tools2 7#b7 in coordination with appropriate ,federal agencies1 collaborate with relevant stakeholders1 including public utility commissions1 to-- 7,a7 identify information1 research1 staff training1 and analytical tools needed to evaluate cybersecurity issues and challenges in the energy sector2 and 7,b7 facilitate the sharing of information and the development of tools identified under subparagraph 7,a72 7#c7 coordinate with tribal governments to identify information1 research1 and analysis tools needed by tribal governments to increase the cybersecurity of energy assets within their jurisdiction4 #acaf4 ,education and workforce training research and standards 7a7 ,in general ,the ,secretary shall support the development of an energy sector cybersecurity workforce through a program that-- 7#a7 facilitates collaboration between undergraduate and graduate students1 researchers at the ,national ,laboratories1 and the civilian energy sector2 7#b7 prioritizes science and technology in areas relevant to the mission of the ,department of ,energy through the design and application of cybersecurity technologies for the energy sector2 7#c7 develops1 or facilitates private sector development of1 voluntary cybersecurity training and retraining standards1 lessons1 and recommendations for the energy sector that minimize duplication of cybersecurity compliance training programs2 and 7#d7 maintains a public database of energy sector cybersecurity education1 training1 and certification programs4 7b7 ,grid resilience technology training ,the ,secretary shall support the development of the grid workforce through a training program that prioritizes activities that enhance the resilience of the electric grid and energy sector infrastructure1 including training on the use of tools1 technologies1 and methods developed under the grant program established in section #acac7;b74 7c7 ,collaboration ,in carrying out the program authorized in subsection 7a7 and 7b71 the ,secretary shall coordinate with appropriate ,federal agencies and leverage programs and activities carried out across the ,department of ,energy1 other relevant ,federal agencies1 institutions of higher education1 and other appropriate entities best suited to provide national leadership on cybersecurity and grid resilience-related issues4 #acag4 ,interagency coordination and strategic plan for energy sector cybersecurity research 7a7 ,duties ,the ,secretary1 in coordination with appropriate ,federal agencies and the ,energy ,sector ,government ,coordinating ,council1 shall-- 7#a7 review the most recent versions of the ,roadmap to ,achieve ,energy ,delivery ,systems ,cybersecurity and the ,multi-,year ,program ,plan for ,energy ,sector ,cybersecurity to identify crosscutting energy sector cybersecurity research needs and opportunities for collaboration among ,federal agencies and other relevant stakeholders2 7#b7 identify interdisciplinary research1 technology1 and tools that can be applied to cybersecurity challenges in the energy sector2 7#c7 identify technology transfer opportunities to accelerate the development and commercial application of novel cybersecurity technologies1 systems1 and processes in the energy sector2 and 7#d7 develop a coordinated ,interagency ,strategic ,plan for research to advance cybersecurity capabilities used in the energy sector that builds on the ,roadmap to ,achieve ,energy ,delivery ,systems in ,cybersecurity and the ,multi-,year ,program ,plan for ,energy ,sector ,cybersecurity4 7b7 ,interagency strategic plan 7#a7 ,submittal ,the ,interagency ,strategic ,plan developed under subsection 7a77#d7 shall be submitted to ,congress and made public within #ab months after the date of enactment of this section4 7#b7 ,contents ,the ,interagency ,strategic ,plan shall include-- 7,a7 an analysis of how existing cybersecurity research efforts across the ,federal ,government are advancing the goals of the ,roadmap to ,achieve ,energy ,delivery ,systems ,cybersecurity and the ,multi-,year ,program ,plan for ,energy ,sector ,cybersecurity2 7,b7 recommendations for research areas that may advance the cybersecurity of the energy sector2 7,c7 an overview of existing and proposed public and private sector research efforts that address the topics outlined in paragraph 7#c72 and 7,d7 an overview of needed support for workforce training in cybersecurity for the energy sector4 7#c7 ,considerations ,in developing the ,interagency ,strategic ,plan1 the ,secretary1 in coordination with appropriate ,federal agencies and the ,energy ,sector ,government ,coordinating ,council1 shall consider-- 7,a7 opportunities for human factors research to improve the design and effectiveness of cybersecurity devices1 technologies1 tools1 processes1 and training programs2 7,b7 contributions of other disciplines to the development of innovative cybersecurity procedures1 devices1 components1 technologies1 and tools2 7,c7 opportunities for technology transfer programs to facilitate private sector development of cybersecurity procedures1 devices1 components1 technologies1 and tools for the energy sector2 and 7,d7 broader applications of the work done by relevant ,federal agencies to advance the cybersecurity of information systems and data analytics systems for the energy sector4 7c7 ,participation ,for the purposes of carrying out this section1 the ,energy ,sector ,government ,coordinating ,council shall include representatives from ,federal agencies with expertise in the energy sector1 information systems1 data analytics1 cyber and physical systems1 engineering1 human factors research1 human-machine interfaces1 high performance computing1 big data and data analytics1 or other disciplines considered appropriate by the ,council ,chair4 #acah4 ,report to ,congress 7a7 ,study ,the ,secretary1 in collaboration with appropriate ,federal agencies and energy sector stakeholders1 in order to provide recommendations for additional research1 development1 demonstration1 and commercial application activities1 shall-- 7#a7 analyze physical and cyber attacks on infrastructure related to energy functions in the energy sector and identify cost-effective opportunities to improve physical and cyber security for such infrastructure2 and 7#b7 examine the risks associated with increasing penetration of digital technologies in grid networks1 particularly on the distribution grid4 7b7 ,content ,the study shall-- 7#a7 analyze processes1 operational procedures1 and other factors common among cyber attacks2 7#b7 identify areas where human behavior plays a critical role in maintaining or compromising the security of a system2 7#c7 recommend-- 7,a7 changes to the design of devices1 human-machine interfaces1 technologies1 tools1 processes1 or procedures to optimize security that do not require a change in human behavior2 and 7,b7 training techniques to increase the capacity of employees to actively identify1 prevent1 or neutralize the impact of cyber attacks2 7#d7 evaluate existing engineering and technical design criteria and guidelines that incorporate human factors research findings1 and recommend criteria and guidelines for cybersecurity tools that can be used to develop display systems for cybersecurity monitoring1 such as alarms1 user-friendly displays1 and layouts2 7#e7 evaluate the cybersecurity risks and benefits of various design and architecture options for energy sector systems1 networked grid systems and components1 and automation systems1 including consideration of-- 7,a7 designs that include both digital and analog control devices and technologies2 7,b7 different communication technologies used to transfer information and data between control system devices1 technologies1 and system operators2 7,c7 automated and human-in-the-loop devices and technologies2 7,d7 programmable versus nonprogrammable devices and technologies2 7,e7 increased redundancy using dissimilar cybersecurity technologies2 and 7,f7 grid architectures that use autonomous functions to limit control vulnerabilities2 and 7#f7 recommend methods or metrics to document changes in risks associated with system designs and architectures4 7c7 ,consultation ,in conducting the study1 the ,secretary shall consult with energy sector stakeholders1 academic researchers1 the private sector1 and other relevant stakeholders4 7d7 ,report ,not later than #bd months after the date of enactment of this section1 the ,secretary shall submit the study to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate4 #acai4 ,definitions ,for purposes of sections #acab through #acah3 7#a7 ,big data ,the term big data means datasets that require advanced analytical methods for their transformation into useful information4 7#b7 ,historically ,black college or university ,the term historically ,black college or university has the meaning given the term part ,b institution in section #cbb7b7 of the ,h,igher ,education ,act of #aife 7#bi ,u4,s4,c4 #ajf7b774 7#c7 ,human factors research ,the term human factors research means research on human performance in social and physical environments1 and on the integration and interaction of humans with physical systems and computer hardware and software4 7#d7 ,human-machine interfaces ,the term human-machine interfaces means technologies that present information to an operator or user about the state of a process or system1 or accept human instructions to implement an action1 including visualization displays such as a graphical user interface4 7#e7 ,minority-serving institution ,the term minority-serving institution means an eligible institution under section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a774 7#f7 ,national laboratory ,the term national laboratory has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#g7 ,security vulnerability ,the term security vulnerability has the meaning given the term in section #ajb of the ,cybersecurity ,information ,sharing ,act of #bjae 7#f ,u4,s4,c4 #aeja74 7#h7 ,transient devices ,the term transient devices means removable media1 including floppy disks1 compact disks1 ,,usb flash drives1 external hard drives1 mobile devices1 and other devices that utilize wireless connections4 4 7b7 ,authorization of appropriations ,there are authorized to be appropriated to carry out the amendments made by subsection 7a7-- 7#a7 #aej1jjj1jjj for fiscal year #bjba2 7#b7 #aeg1ejj1jjj for fiscal year #bjbb2 7#c7 #afe1cge1jjj for fiscal year #bjbc2 7#d7 #agc1fde1jjj for fiscal year #bjbd2 and 7#e7 #ahb1cbe1jjj for fiscal year #bjbe4 #ecdb4 ,critical infrastructure research and construction 7a7 ,in general ,the ,secretary of ,energy shall carry out a program of research1 development1 and demonstration of technologies and tools to help ensure the resilience and security of critical infrastructure4 7b7 ,coordination ,in carrying out the program under subsection 7a71 the ,secretary shall leverage expertise and resources of and coordinate with-- 7#a7 relevant programs and activities across the ,department of ,energy2 and 7#b7 other relevant ,federal agencies4 7c7 ,energy sector ,critical infrastructure test facility ,in carrying out the program under subsection 7a71 the ,secretary1 in consultation with other appropriate ,federal agencies1 shall establish and operate an ,energy ,sector ,critical ,infrastructure ,test ,facility 7referred to in this section as the ,test ,facility7 that allows for scalable physical and cyber performance testing to be conducted on industry-scale energy sector critical infrastructure systems4 ,this facility shall include a focus on-- 7#a7 cybersecurity test beds2 and 7#b7 electric grid test beds4 7d7 ,selection ,the ,secretary shall select the ,test ,facility under this section on a competitive1 merit-reviewed basis4 ,the ,secretary shall consider applications from ,national ,laboratories1 institutions of higher education1 multi-institutional collaborations1 and other appropriate entities4 7e7 ,duration ,the ,test ,facility established under this section shall receive support for a period of not more than #e years1 subject to the availability of appropriations4 7f7 ,renewal ,upon the expiration of any period of support of the ,test ,facility1 the ,secretary may renew support for the ,test ,facility1 on a merit-reviewed basis1 for a period of not more than #e years4 7g7 ,termination ,consistent with the existing authorities of the ,department1 the ,secretary may terminate the ,test ,facility for cause during the performance period4 7h7 ,critical infrastructure defined ,the term critical infrastructure means infrastructure that the ,secretary determines to be vital to socioeconomic activities such that1 if destroyed or damaged1 such destruction or damage could cause substantial disruption to such socioeconomic activities4 7i7 ,critical infrastructure and microgrid research program ,the ,secretary shall establish a research1 development1 and demonstration program to improve the energy resilience of critical infrastructure1 including through the use of microgrids1 during extreme weather events including extreme heat and wildfires4 ,this program shall focus on developing technologies that-- 7#a7 improve the energy resilience and meet the power needs of critical infrastructure1 including through the use of microgrids1 renewable energy1 energy efficiency1 and on-site storage2 7#b7 improve the energy efficiency of critical infrastructure2 7#c7 decrease the size and cost of on-site backup generators for critical infrastructure2 7#d7 provide on-site back-up power with renewable and low-carbon liquid fuels2 and 7#e7 ensure the safe power up and power down of critical infrastructure when necessary1 as well as the transfer to backup sources of power for uninterrupted electricity supply1 including the use of microgrids4 #ecdc4 ,conforming amendment ,section #a7;b7 of the ,energy ,independence and ,security ,act of #bjjg is amended in the table of contents by adding after the matter relating to section #acaa 7as added by this ,act7 the following3 ,sec4 #acab4 ,energy sector security research1 development1 and demonstration program4 ,sec4 #acac4 ,grid resilience and emergency response4 ,sec4 #acad4 ,best practices and guidance documents for energy sector cybersecurity research4 ,sec4 #acae4 ,vulnerability testing and technical assistance to improve cybersecurity4 ,sec4 #acaf4 ,education and workforce training research and standards4 ,sec4 #acag4 ,interagency coordination and strategic plan for energy sector cybersecurity research4 ,sec4 #acah4 ,report to ,congress4 ,sec4 #acai4 ,definitions4 4 ,d ,tribal ,energy #edja4 ,indian energy 7a7 ,definition of ,indian land ,section #bfja7b7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja7b77 is amended-- 7#a7 in subparagraph 7,b77iii71 by striking and2 7#b7 in subparagraph 7,c71 by striking land4 and inserting land22 and 7#c7 by adding at the end the following subparagraphs3 7,d7 any land located in a census tract in which the majority of residents are ,natives 7as defined in section #c7;b7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb7;b7772 and 7,e7 any land located in a census tract in which the majority of residents are persons who are enrolled members of a federally recognized ,tribe or village4 4 7b7 ,reduction of cost share ,section #bfjb7;b77#e7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;b77#e77 is amended by adding at the end the following subparagraphs3 7,d7 ,the ,secretary of ,energy may reduce any applicable cost share required of an ,indian tribe1 intertribal organization1 or tribal energy development organization in order to receive a grant under this subsection to not less than #aj percent if the ,indian tribe1 intertribal organization1 or tribal energy development organization meets criteria developed by the ,secretary of ,energy1 including financial need4 7,e7 ,section #ihh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceb7 shall not apply to assistance provided under this subsection4 4 7c7 ,authorization ,section #bfjb7;b77#g7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;b77#g77 is amended by striking #bj1jjj1jjj for each of fiscal years #bjjf through #bjaf and inserting #cj1jjj1jjj for each of fiscal years #bjba through #bjbe4 #edjb4 ,report on electricity access and reliability 7a7 ,assessment ,the ,secretary of ,energy shall conduct an assessment of the status of access to electricity by households residing in ,tribal communities or on ,indian land1 and the reliability of electric service available to households residing in ,tribal communities or on ,indian land1 as compared to the status of access to and reliability of electricity within neighboring ,states or within the ,state in which ,indian land is located4 7b7 ,consultation ,the ,secretary of ,energy shall consult with ,indian ,tribes1 ,tribal organizations1 the ,north ,american ,electricity ,reliability ,corporation1 and the ,federal ,energy ,regulatory ,commission in the development and conduct of the assessment under subsection 7a74 ,indian ,tribes and ,tribal organizations shall have the opportunity to review and make recommendations regarding the development of the assessment and the findings of the assessment1 prior to the submission of the report under subsection 7c74 7c7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of ,energy shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report on the results of the assessment conducted under subsection 7a71 which shall include-- 7#a7 a description of generation1 transmission1 and distribution assets available to provide electricity to households residing in ,tribal communities or on ,indian land2 7#b7 a survey of the retail and wholesale prices of electricity available to households residing in ,tribal communities or on ,indian land2 7#c7 a description of participation of ,tribal members in the electric utility workforce1 including the workforce for construction and maintenance of renewable energy resources and distributed energy resources2 7#d7 the percentage of households residing in ,tribal communities or on ,indian land that do not have access to electricity2 7#e7 the potential of distributed energy resources to provide electricity to households residing in ,tribal communities or on ,indian land2 7#f7 the potential for tribally-owned electric utilities or electric utility assets to participate in or benefit from regional electricity markets2 7#g7 a description of the barriers to providing access to electric service to households residing in ,tribal communities or on ,indian land2 and 7#h7 recommendations to improve access to and reliability of electric service for households residing in ,tribal communities or on ,indian land4 7d7 ,definitions ,in this section3 7#a7 ,tribal member ,the term ,tribal member means a person who is an enrolled member of a federally recognized ,tribe or village4 7#b7 ,tribal community ,the term ,tribal community means a community in a ,united ,states census tract in which the majority of residents are persons who are enrolled members of a federally recognized ,tribe or village4 ,e ,utility ,resilience and ,reliability #eeja4 ,reliability of bulk-power system in changing conditions 7a7 ,in general ,not later than #a year after the date of enactment of this paragraph1 the ,electric ,reliability ,organization shall file with the ,federal ,energy ,regulatory ,commission a proposed reliability standard1 under section #bae7;d7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7d771 that addresses the reliability of the bulk-power system and suggestions for how to-- 7#a7 prepare for and adapt to changing conditions2 and 7#b7 withstand and rapidly recover from disruptions1 including disruptions caused by extreme weather conditions4 7b7 ,regional differences ,the proposed reliability standard filed under subsection 7a7 shall take into account regional differences4 7c7 ,definitions ,in this section1 the terms bulk-power system1 ,electric ,reliability ,organization1 and reliability standard have the meanings given those terms in section #bae of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo74 #eejb4 ,electric grid resilience education program 7a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,secretary of ,energy shall establish a program 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 events4 7b7 ,electric utility defined ,in this section1 the term electric utility has the meaning given such term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 #eejc4 ,report on planned electric power outages due to extreme weather conditions ,not later than #a year after the date of enactment of this section1 the ,secretary of ,energy shall submit to ,congress a report1 and publish such report on the website of the ,department of ,energy1 that provides recommendations on how to minimize the need for1 effects of1 and duration of1 planned electric power outages that are due to extreme weather conditions1 including such conditions under which the ,national ,weather ,service issues a red flag warning4 ,,vi ,transportation ,a ,diesel ,emissions ,reduction #faja4 ,reauthorization of diesel emissions reduction program ,section #gig7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afacg7;a77 is amended by striking #ajj1jjj1jjj for each of fiscal years #bjab through #bjaf and inserting #ejj1jjj1jjj for each of fiscal years #bjba through #bjbe4 ,b ,clean ,school ,bus ,program #fbja4 ,reauthorization of ,clean ,school ,bus ,program 7a7 ,definitions 7#a7 ,alternative fuel ,section #gda7;a77#b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;a77 is amended-- 7,a7 in subparagraph 7,b71 by striking or after the semicolon2 7,b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following new subparagraph3 7,d7 electricity4 4 7#b7 ,clean school bus ,paragraph 7#c7 of section #gda7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;a77 is amended to read as follows3 7#c7 ,clean school bus ,the term clean school bus means-- 7,a7 a school bus 7as the term schoolbus is defined in section #cjabe7;a7 of title #di1 ,united ,states ,code7 that-- 7i7 is operated solely on an alternative fuel2 and 7ii7 meets or exceeds ,federal vehicle emission standards for medium-duty passenger vehicles applicable to the model year in which the school bus is manufactured2 or 7,b7 a zero-emission school bus4 4 7#c7 ,other definitions ,section #gda7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;a771 as amended1 is further amended-- 7,a7 by redesignating paragraphs 7#d71 7#e71 and 7#f7 as paragraphs 7#e71 7#i71 and 7#aj71 respectively2 7,b7 by inserting after paragraph 7#c7 the following3 7#d7 ,community of color ,the term community of color means any geographically distinct area the population of color of which is higher than the average population of color of the ,state in which the community is located4 2 7,c7 by inserting after paragraph 7#e71 as redesignated1 the following3 7#f7 ,indigenous community ,the term indigenous community means-- 7,a7 a federally recognized ,indian ,tribe2 7,b7 a ,state-recognized ,indian ,tribe2 7,c7 an ,alaska ,native or ,native ,hawaiian community or organization2 and 7,d7 any other community of indigenous people1 including communities in other countries4 7#g7 ,low income ,the term low income means an annual household income equal to1 or less than1 the greater of-- 7,a7 an amount equal to #hj percent of the median income of the area in which the household is located1 as reported by the ,department of ,housing and ,urban ,development2 and 7,b7 #bjj percent of the ,federal poverty line4 7#h7 ,low-income community ,the term low-income community means any census block group in which #cj percent or more of the population are individuals with low income4 2 and 7,d7 by adding at the end the following3 7#aa7 ,zero-emission school bus ,the term zero-emission school bus means a school bus 7as the term schoolbus is defined in section #cjabe7;a7 of title #di1 ,united ,states ,code7 with a drivetrain that produces1 under any possible operational mode or condition1 zero exhaust emission of-- 7,a7 any air pollutant that is listed pursuant to section #ajh7;a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjg7;a77 7or any precursor to such an air pollutant72 or 7,b7 any greenhouse gas4 4 7b7 ,program for ,retrofit or ,replacement of ,certain ,existing ,school ,buses with ,clean ,school ,buses 7#a7 ,national grant1 rebate1 and loan programs 7,a7 ,in general ,section #gda7;b77#a77;,a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;b77#a77;,a77 is amended by inserting after awarding grants the following3 1 rebates1 and low-cost revolving loans1 as determined by the ,administrator1 including through contracts pursuant to subsection 7d714 7,b7 ,conforming changes ,section #gda of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7 is amended-- 7i7 in subsection 7a77#d77;,b71 by striking grant funds and inserting award funds2 7ii7 in subsection 7b77#a77;,b71 by striking awarding grants each place it appears and inserting making awards2 7iii7 in the heading of subsection 7b77#b71 by striking grant applications and inserting award applications2 7iv7 in subsection 7b77#b77;,a71 by striking grant applications and inserting award applications2 7v7 in subsection 7b77#c77;,a71 by striking grant and insert award2 7vi7 and 7b77#d7-- 7,i7 in the paragraph heading1 by striking grants and inserting awards2 and 7,,ii7 by striking award grants and inserting make awards2 7vii7 in subsection 7b77#g7-- 7,i7 by striking grant awards and inserting awards2 and 7,,ii7 by striking grant funding and inserting funding2 7viii7 in subsection 7b77#h77;,a77ii7-- 7,i7 in subclauses 7,i7 and 7,,ii71 by striking grant applications each place it appears and inserting award applications2 and 7,,ii7 in subclause 7,,iii7-- 7aa7 by striking grants awarded and inserting awards made2 and 7bb7 by striking grant recipients and inserting award recipients2 and 7ix7 in subsection 7c77#c7-- 7,i7 in subparagraph 7,a7-- 7aa7 by striking grant recipients and inserting award recipients2 and 7bb7 by striking grants and inserting awards2 and 7,,ii7 in subparagraph 7,c71 by striking grant program and inserting award program4 7#b7 ,priority of award applications ,section #gda7;b77#b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;b77#b77 is amended-- 7,a7 in subparagraph 7,a7-- 7i7 by striking #aigg and inserting #bjjg2 and 7ii7 by inserting before the period at the end with clean school buses2 and 7,b7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,retrofitting ,in the case of award applications to retrofit school buses1 the ,administrator shall give highest priority to applicants that propose to retrofit school buses manufactured before model year #bjaj to become clean school buses4 4 7#c7 ,use of school bus fleet ,section #gda7;b77#c77;,b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;b77#c77;,b77 is amended by inserting charged1 after operated14 7#d7 ,replacement awards ,paragraph 7#e7 of section #gda7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;b77 is amended to read as follows3 7#e7 ,replacement awards ,in the case of awards to replace school buses-- 7,a7 the ,administrator may make awards for up to-- 7i7 #ajj percent of the replacement costs for clean school buses that are zero-emission school buses2 and 7ii7 #fj percent of the replacement costs for other eligible clean school buses2 and 7,b7 such replacement costs may include the costs of acquiring the clean school buses and charging and fueling infrastructure4 4 7#e7 ,ultra low-sulfur diesel fuel ,section #gda7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;b77 is amended-- 7,a7 by striking paragraph 7#f72 and 7,b7 by redesignating paragraph 7#g7 as paragraph 7#f74 7#f7 ,scrappage ,section #gda7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;b77 is further amended by inserting after paragraph 7#f71 as redesignated1 the following new paragraph3 7#g7 ,scrappage ,in the case of an award under this section for the replacement of a school bus or a retrofit including installation of a new engine1 the ,administrator shall require the recipient of the award to verify that the replaced bus1 or the engine of a retrofitted bus that was removed1 was returned to the supplier for remanufacturing to a more stringent set of engine emissions standards or for scrappage4 4 7c7 ,education ,paragraph 7#a7 of section #gda7;c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;c77 is amended to read as follows3 7#a7 ,in general ,not later than #ij days after the date of enactment of the ,clean ,economy ,jobs and ,innovation ,act1 the ,administrator shall develop an education outreach program to promote and explain the award program under subsection 7b74 4 7d7 ,contract programs2 administrative costs ,section #gda of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7f72 and 7#b7 by inserting after subsection 7c7 the following new subsections3 7d7 ,contract programs 7#a7 ,authority ,in addition to the use of contracting authority otherwise available to the ,administrator1 the ,administrator may enter into contracts with eligible contractors described in paragraph 7#b7 for awarding rebates and low-cost revolving loans pursuant to subsection 7b77#a74 7#b7 ,eligible contractors ,a contractor is an eligible contractor described in this paragraph if the contractor is a for-profit1 not-for-profit1 or nonprofit entity that has the capacity-- 7,a7 to sell clean school buses or equipment to1 or to arrange financing for1 individuals or entities that own a school bus or fleet of school buses2 or 7,b7 to upgrade school buses or their equipment with verified or ,environmental ,protection ,agency-certified engines or technologies1 or to arrange financing for such upgrades4 7e7 ,administrative costs ,the ,administrator may not use1 for the administrative costs of carrying out this section1 more than one percent of the amounts made available to carry out this section for any fiscal year4 4 7e7 ,authorization of appropriations ,subsection 7f71 as redesignated1 of section #gda of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7 is amended to read as follows3 7f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out this section1 to remain available until expended1 #acj1jjj1jjj for each of fiscal years #bjba through #bjbe1 of which-- 7#a7 not less than #ajj1jjj1jjj for each such fiscal year shall be used for awards under this section to eligible recipients proposing to replace school buses with zero-emission school buses2 and 7#b7 not less than #eb1jjj1jjj for each such fiscal year shall be used for awards under this section to eligible recipients proposing to replace or retrofit school buses to serve a community of color1 indigenous community1 low-income community1 or any community located in an air quality area designated pursuant to section #ajg of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjg7 as nonattainment4 4 7f7 ,technical amendment to strike redundant authorization ,the ,safe1 ,accountable1 ,flexible1 ,efficient ,transportation ,equity ,act3 ,a ,legacy for ,users 7commonly referred to as ,,safetea-,,lu7 is amended by striking section #fjae 7#db ,u4,s4,c4 #afjia;a74 ,c ,clean ,cities ,coalition ,program #fcja4 ,clean ,cities ,coalition ,program 7a7 ,in general ,the ,secretary shall carry out a program to be known as the ,clean ,cities ,coalition ,program4 7b7 ,program elements ,in carrying out the program under subsection 7a71 the ,secretary shall-- 7#a7 establish criteria for designating local and regional ,clean ,cities ,coalitions2 7#b7 designate local and regional ,clean ,cities ,coalitions that the ,secretary determines meet the criteria established under paragraph 7#a72 7#c7 make awards to each designated ,clean ,cities ,coalition for administrative and program expenses of the coalition2 7#d7 make competitive awards to designated ,clean ,cities ,coalitions for projects and activities described in subsection 7c72 7#e7 provide technical assistance and training to designated ,clean ,cities ,coalitions2 7#f7 provide opportunities for communication and sharing of best practices among designated ,clean ,cities ,coalitions2 and 7#g7 maintain1 and make available to the public1 a centralized database of information included in the reports submitted under subsection 7d74 7c7 ,projects and activities ,projects and activities eligible for awards under subsection 7b77#d7 are projects and activities that reduce petroleum consumption1 improve air quality1 promote energy and economic security1 and encourage deployment of a diverse1 domestic supply of alternative fuels in the transportation sector by-- 7#a7 encouraging the purchase and use of alternative fuel vehicles and alternative fuels1 including by fleet managers2 7#b7 expediting the establishment of local1 regional1 and national infrastructure to fuel alternative fuel vehicles2 7#c7 advancing the use of other petroleum fuel reduction technologies and strategies2 7#d7 conducting outreach and education activities to advance the use of alternative fuels and alternative fuel vehicles2 7#e7 providing training and technical assistance and tools to users that adopt petroleum fuel reduction technologies2 or 7#f7 collaborating with and training officials and first responders with responsibility for permitting and enforcing fire1 building1 and other safety codes related to the deployment and use of alternative fuels or alternative fuel vehicles4 7d7 ,annual report ,each designated ,clean ,cities ,coalition shall submit an annual report to the ,secretary on the activities and accomplishments of the coalition4 7e7 ,definitions ,in this section3 7#a7 ,alternative fuel ,the term alternative fuel has the meaning given such term in section #cbija of title #di1 ,united ,states ,code4 7#b7 ,alternative fuel vehicle ,the term alternative fuel vehicle means any vehicle that is capable of operating1 partially or exclusively1 on an alternative fuel4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7f7 ,funding 7#a7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7,a7 #ej1jjj1jjj for fiscal year #bjba2 7,b7 #fj1jjj1jjj for fiscal year #bjbb2 7,c7 #ge1jjj1jjj for fiscal year #bjbc2 7,d7 #ij1jjj1jjj for fiscal year #bjbd2 and 7,e7 #ajj1jjj1jjj for fiscal year #bjbe4 7#b7 ,allocations ,the ,secretary shall allocate funds made available to carry out this section in each fiscal year as follows3 7,a7 ,thirty percent of such funds shall be distributed as awards under subsection 7b77#c74 7,b7 ,fifty percent of such funds shall be distributed as competitive awards under subsection 7b77#d74 7,c7 ,twenty percent of such funds shall be used to carry out the duties of the ,secretary under this section4 ,d ,renewable fuel standard integrity #fdja4 ,annual deadline for petitions by small refineries for exemptions from renewable fuel requirements 7a7 ,deadline ,notwithstanding any other provision of law1 petitions under section #baa7o77#i7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#i77 for an exemption from the requirements of section #baa7o77#b7 of such ,act 7#db ,u4,s4,c4 #gede7o77#b77 shall be submitted to the ,administrator of the ,environmental ,protection ,agency by ,june #a of the year preceding the year when such requirements would otherwise be in effect4 7b7 ,effect of failure ,to meet deadline ,if a petition described in subsection 7a7 is not submitted by the deadline specified in such subsection1 the petition shall be ineligible for consideration or approval4 #fdjb4 ,information in petition subject to public disclosure 7a7 ,in general ,the information described in subsection 7b7 in any submission to the ,environmental ,protection ,agency by any person1 including a small refinery1 with respect to a petition under section #baa7o77#i77;,b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#i77;,b77-- 7#a7 shall not be deemed to be a trade secret or confidential information2 and 7#b7 shall be subject to public disclosure under section #eeb of title #e1 ,united ,states ,code4 7b7 ,described information ,the information described in this subsection is-- 7#a7 the name of the small refinery requesting an extension of an exemption2 7#b7 the number of gallons of renewable fuel that will not be contained in fuel pursuant to section #baa7o77#b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#b77 as a result of the extension if the extension is granted2 and 7#c7 the compliance year for which the extension is requested4 7c7 ,applicability ,subsection 7a7 applies only with respect to information submitted with respect to a petition under section #baa7o77#i77;,b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#i77;,b77 for calendar year #bjba or a subsequent calendar year4 ,e ,,ev ,infrastructure #feja4 ,definitions ,in this subtitle3 7#a7 ,electric vehicle supply equipment ,the term electric vehicle supply equipment means any conductors1 including ungrounded1 grounded1 and equipment grounding conductors1 electric vehicle connectors1 attachment plugs1 and all other fittings1 devices1 power outlets1 or apparatuses installed specifically for the purpose of delivering energy to an electric vehicle4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#c7 ,underserved or disadvantaged community ,the term underserved or disadvantaged community means-- 7,a7 a community located in a ,,zip code that includes a census tract that is identified as-- 7i7 a low-income community2 or 7ii7 a community of color2 7,b7 a community in which climate change1 pollution1 or environmental destruction have exacerbated systemic racial1 regional1 social1 environmental1 and economic injustices by disproportionately affecting indigenous peoples1 communities of color1 migrant communities1 deindustrialized communities1 depopulated rural communities1 the poor1 low-income workers1 women1 the elderly1 the unhoused1 people with disabilities1 or youth2 or 7,c7 any other community that the ,secretary determines is disproportionately vulnerable to1 or bears a disproportionate burden of1 any combination of economic1 social1 and environmental stressors4 #fejb4 ,electric vehicle supply equipment rebate program 7a7 ,rebate program ,not later than ,january #a1 #bjbb1 the ,secretary shall establish a rebate program to provide rebates for covered expenses associated with publicly accessible electric vehicle supply equipment 7in this section referred to as the rebate program74 7b7 ,rebate program requirements 7#a7 ,eligible entities ,a rebate under the rebate program may be made to an individual1 a ,state1 local1 ,tribal1 or ,territorial government1 a private entity1 a not-for-profit entity1 a nonprofit entity1 or a metropolitan planning organization4 7#b7 ,eligible equipment 7,a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall publish and maintain on the ,department of ,energy internet website a list of electric vehicle supply equipment that is eligible for the rebate program4 7,b7 ,updates ,the ,secretary may1 by regulation1 add to1 or otherwise revise1 the list of electric vehicle supply equipment under subparagraph 7,a7 if the ,secretary determines that such addition or revision will likely lead to-- 7i7 greater usage of electric vehicle supply equipment2 7ii7 greater access to electric vehicle supply equipment by users2 or 7iii7 an improved experience for users of electric vehicle supply equipment1 including accessibility in compliance with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7,c7 ,location requirement ,to be eligible for the rebate program1 the electric vehicle supply equipment described in subparagraph 7,a7 shall be installed-- 7i7 in the ,united ,states2 7ii7 on property-- 7,i7 owned by the eligible entity under paragraph 7#a72 or 7,,ii7 on which the eligible entity under paragraph 7#a7 has authority to install electric vehicle supply equipment2 and 7iii7 at a location that is-- 7,i7 a multi-unit housing structure2 7,,ii7 a workplace2 7,,iii7 a commercial location2 or 7,,iv7 open to the public for a minimum of #ab hours per day2 7#c7 ,application 7,a7 ,in general ,an eligible entity under paragraph 7#a7 may submit to the ,secretary an application for a rebate under the rebate program4 ,such application shall include-- 7i7 the estimated cost of covered expenses to be expended on the electric vehicle supply equipment that is eligible under paragraph 7#b72 7ii7 the estimated installation cost of the electric vehicle supply equipment that is eligible under paragraph 7#b72 7iii7 the global positioning system location1 including the integer number of degrees1 minutes1 and seconds1 where such electric vehicle supply equipment is to be installed1 and identification of whether such location is-- 7,i7 a multi-unit housing structure2 7,,ii7 a workplace2 7,,iii7 a commercial location2 or 7,,iv7 open to the public for a minimum of #ab hours per day2 7iv7 the technical specifications of such electric vehicle supply equipment1 including the maximum power voltage and amperage of such equipment2 7v7 an identification of any existing electric vehicle supply equipment that-- 7,i7 is available to the public for a minimum of #ab hours per day2 and 7,,ii7 is not further than #ej miles from the global positioning system location identified under clause 7iii72 and 7vi7 any other information determined by the ,secretary to be necessary for a complete application4 7,b7 ,review process ,the ,secretary shall review an application for a rebate under the rebate program and approve an eligible entity under paragraph 7#a7 to receive such rebate if the application meets the requirements of the rebate program under this subsection4 7,c7 ,notification to eligible entity ,not later than #a year after the date on which the eligible entity under paragraph 7#a7 applies for a rebate under the rebate program1 the ,secretary shall notify the eligible entity whether the eligible entity will be awarded a rebate under the rebate program following the submission of additional materials required under paragraph 7#e74 7#d7 ,rebate amount 7,a7 ,in general ,except as provided in subparagraph 7,b71 the amount of a rebate made under the rebate program for each charging unit shall be the lesser of-- 7i7 #ge percent of the applicable covered expenses2 7ii7 #b1jjj for covered expenses associated with the purchase and installation of non-networked level #b charging equipment2 7iii7 #d1jjj for covered expenses associated with the purchase and installation of networked level #b charging equipment2 or 7iv7 #ajj1jjj for covered expenses associated with the purchase and installation of networked direct current fast charging equipment4 7,b7 ,rebate amount for replacement equipment ,a rebate made under the rebate program for replacement of pre-existing electric vehicle supply equipment at a single location shall be the lesser of-- 7i7 #ge percent of the applicable covered expenses2 7ii7 #a1jjj for covered expenses associated with the purchase and installation of non-networked level #b charging equipment2 7iii7 #b1jjj for covered expenses associated with the purchase and installation of networked level #b charging equipment2 or 7iv7 #be1jjj for covered expenses associated with the purchase and installation of networked direct current fast charging equipment4 7#e7 ,disbursement of rebate 7,a7 ,in general ,the ,secretary shall disburse a rebate under the rebate program to an eligible entity under paragraph 7#a71 following approval of an application under paragraph 7#c71 if such entity submits the materials required under subparagraph 7,b74 7,b7 ,materials required for disbursement of rebate ,not later than one year after the date on which the eligible entity under paragraph 7#a7 receives notice under paragraph 7#c77;,c7 that the eligible entity has been approved for a rebate1 such eligible entity shall submit to the ,secretary the following-- 7i7 a record of payment for covered expenses expended on the installation of the electric vehicle supply equipment that is eligible under paragraph 7#b72 7ii7 a record of payment for the electric vehicle supply equipment that is eligible under paragraph 7#b72 7iii7 the global positioning system location of where such electric vehicle supply equipment was installed and identification of whether such location is-- 7,i7 a multi-unit housing structure2 7,,ii7 a workplace2 7,,iii7 a commercial location2 or 7,,iv7 open to the public for a minimum of #ab hours per day2 7iv7 the technical specifications of the electric vehicle supply equipment that is eligible under paragraph 7#b71 including the maximum power voltage and amperage of such equipment2 and 7v7 any other information determined by the ,secretary to be necessary4 7,c7 ,agreement to maintain ,to be eligible for a rebate under the rebate program1 an eligible entity under paragraph 7#a7 shall enter into an agreement with the ,secretary to maintain the electric vehicle supply equipment that is eligible under paragraph 7#b7 in a satisfactory manner for not less than #e years after the date on which the eligible entity under paragraph 7#a7 receives the rebate under the rebate program4 7,d7 ,exception ,the ,secretary shall not disburse a rebate under the rebate program if materials submitted under subparagraph 7,b7 do not meet the same global positioning system location and technical specifications for the electric vehicle supply equipment that is eligible under paragraph 7#b7 provided in an application under paragraph 7#c74 7#f7 ,multi-port chargers ,an eligible entity under paragraph 7#a7 shall be awarded a rebate under the rebate program for covered expenses relating to the purchase and installation of a multi-port charger based on the number of publicly accessible charging ports1 with each subsequent port after the first port being eligible for #ej percent of the full rebate amount4 7#g7 ,networked direct current fast charging ,of amounts appropriated to carry out the rebate program1 not more than #dj percent may be used for rebates of networked direct current fast charging equipment4 7#h7 ,hydrogen fuel cell refueling infrastructure ,hydrogen refueling equipment shall be eligible for a rebate under the rebate program as though it were networked direct current fast charging equipment4 ,all requirements related to public accessibility of installed locations shall apply4 7#i7 ,report ,not later than #c years after the first date on which the ,secretary awards a rebate under the rebate program1 the ,secretary shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report of the number of rebates awarded for electric vehicle supply equipment and hydrogen fuel cell refueling equipment in each of the location categories described in paragraph 7#b77;,c77iii74 7c7 ,definitions ,in this section3 7#a7 ,covered expenses ,the term covered expenses means an expense that is associated with the purchase and installation of electric vehicle supply equipment1 including-- 7,a7 the cost of electric vehicle supply equipment2 7,b7 labor costs associated with the installation of such electric vehicle supply equipment1 only if wages for such labor are paid at rates not less than those prevailing on similar labor in the locality of installation1 as determined by the ,secretary of ,labor under subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly referred to as the ,davis-,bacon ,act72 7,c7 material costs associated with the installation of such electric vehicle supply equipment1 including expenses involving electrical equipment and necessary upgrades or modifications to the electrical grid and associated infrastructure required for the installation of such electric vehicle supply equipment2 7,d7 permit costs associated with the installation of such electric vehicle supply equipment2 and 7,e7 the cost of an on-site energy storage system4 7#b7 ,electric vehicle ,the term electric vehicle means a vehicle that derives all or part of its power from electricity4 7#c7 ,multi-port charger ,the term multi-port charger means electric vehicle supply equipment capable of charging more than one electric vehicle4 7#d7 ,level #b charging equipment ,the term level #b charging equipment means electric vehicle supply equipment that provides an alternating current power source at a minimum of #bjh volts4 7#e7 ,networked direct current fast charging equipment ,the term networked direct current fast charging equipment means electric vehicle supply equipment that provides a direct current power source at a minimum of #ej kilowatts and is enabled to connect to a network to facilitate data collection and access4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ajj1jjj1jjj for each of fiscal years #bjba through #bjbe4 #fejc4 ,expanding access to electric vehicles in underserved communities 7a7 ,assessment 7#a7 ,in general 7,a7 ,assessment ,the ,secretary shall conduct an assessment of the state of1 challenges to1 and opportunities for the deployment of electric vehicle charging infrastructure in underserved or disadvantaged communities located in major urban areas and rural areas throughout the ,united ,states4 7,b7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report on the results of the assessment conducted under subparagraph 7,a71 which shall-- 7i7 describe the state of deployment of electric vehicle charging infrastructure in underserved or disadvantaged communities located in major urban areas and rural areas by providing-- 7,i7 the number of existing and planned ,level #b charging stations and ,,dc ,,fast charging stations per capita in each ,state for charging individually owned light-duty and medium-duty electric vehicles2 7,,ii7 the number of existing and planned ,level #b charging stations and ,,dc ,,fast charging stations for charging public and private fleet electric vehicles and medium- and heavy-duty electric equipment and electric vehicles2 7,,iii7 the number of ,level #b charging stations and ,,dc ,,fast charging stations installed in or available to occupants of publicly owned and privately owned multi-unit dwellings2 7,,iv7 information pertaining to policies1 plans1 and programs that cities1 ,states1 utilities1 and private entities are using to encourage greater deployment and usage of electric vehicles and the associated electric vehicle charging infrastructure1 including programs to encourage deployment of charging stations available to residents in publicly owned and privately owned multi-unit dwellings2 7,v7 information pertaining to ownership models for ,level #b charging stations and ,,dc ,,fast charging stations located in publicly owned and privately owned residential multi-unit dwellings1 commercial buildings1 public and private parking areas1 and curb-side locations2 and 7,,vi7 information pertaining to how charging stations are financed and the rates charged for the use of ,level #b charging stations and ,,dc ,,fast charging stations2 7ii7 describe the methodology used to obtain the information provided in the report2 7iii7 identify the barriers to expanding deployment of electric vehicle charging infrastructure in underserved or disadvantaged communities in major urban areas and rural areas1 including any challenges relating to such deployment in multi-unit dwellings2 7iv7 compile and provide an analysis of the best practices and policies used by ,state and local governments and private entities to increase deployment of electric vehicle charging infrastructure in underserved or disadvantaged communities in major urban areas and rural areas1 including best practices with respect to-- 7,i7 public outreach and engagement2 and 7,,ii7 increasing deployment of electric vehicle charging infrastructure in publicly owned and privately owned multi-unit dwellings2 7v7 enumerate and identify the number of electric vehicle charging stations per capita at locations within each major urban area and rural area throughout the ,united ,states with detail at the level of ,,zip ,codes and census tracts2 and 7vi7 identify the potential for1 and obstacles to1 recruiting and entering into contracts with locally-owned small and disadvantaged businesses1 including women- and minority-owned businesses1 to deploy electric vehicle charging infrastructure in underserved or disadvantaged communities in major urban areas and rural areas4 7#b7 ,five-year update assessment ,not later than #e years after the date of the enactment of this ,act1 the ,secretary shall-- 7,a7 update the assessment conducted under paragraph 7#a77;,a72 and 7,b7 make public and submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report1 which shall-- 7i7 update the information required by paragraph 7#a77;,b72 and 7ii7 include a description of case studies and key lessons learned after the date on which the report under paragraph 7#a77;,b7 was submitted with respect to expanding the deployment of electric vehicle charging infrastructure in underserved or disadvantaged communities in major urban areas and rural areas4 7b7 ,definitions ,in this section3 7#a7 ,electric vehicle charging infrastructure ,the term electric vehicle charging infrastructure means electric vehicle supply equipment and other physical assets that provide for the distribution of and access to electricity for the purpose of charging an electric vehicle or a plug-in hybrid electric vehicle4 7#b7 ,major urban area ,the term major urban area means a metropolitan statistical area within the ,united ,states with an estimated population that is greater than or equal to #a1ejj1jjj4 #fejd4 ,ensuring program benefits for underserved and disadvantaged communities ,in carrying out this subtitle1 and the amendments made by this subtitle1 the ,secretary shall provide1 to the extent practicable access to electric vehicle charging infrastructure1 address transportation needs1 and provide improved air quality in underserved or disadvantaged communities4 #feje4 ,model building code for electric vehicle supply equipment 7a7 ,review ,the ,secretary shall review proposed or final model building codes for-- 7#a7 integrating electric vehicle supply equipment into residential and commercial buildings that include space for individual vehicle or fleet vehicle parking2 and 7#b7 integrating onsite renewable power equipment and electric storage equipment 7including electric vehicle batteries to be used for electric storage7 into residential and commercial buildings4 7b7 ,technical assistance ,the ,secretary shall provide technical assistance to stakeholders representing the building construction industry1 manufacturers of electric vehicles and electric vehicle supply equipment1 ,state and local governments1 and any other persons with relevant expertise or interests to facilitate understanding of the model code and best practices for adoption by jurisdictions4 #fejf4 ,electric vehicle supply equipment coordination 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary1 acting through the ,assistant ,secretary of the ,office of ,electricity ,delivery and ,energy ,reliability 7including the ,smart ,grid ,task ,force71 shall convene a group to assess progress in the development of standards necessary to-- 7#a7 support the expanded deployment of electric vehicle supply equipment2 7#b7 develop an electric vehicle charging network to provide reliable charging for electric vehicles nationwide1 taking into consideration range anxiety and the location of charging infrastructure to ensure an electric vehicle can travel throughout the ,united ,states without losing a charge2 and 7#c7 ensure the development of such network will not compromise the stability and reliability of the electric grid4 7b7 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall provide to the ,committee on ,energy and ,commerce of the ,house of ,representatives and to the ,committee on ,energy and ,natural ,resources of the ,senate a report containing the results of the assessment carried out under subsection 7a7 and recommendations to overcome any barriers to standards development or adoption identified by the group convened under such subsection4 #fejg4 ,state consideration of electric vehicle charging 7a7 ,consideration and determination respecting certain ratemaking standards ,section #aaa7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d77 is further amended by adding at the end the following3 7#bb7 ,electric vehicle charging programs 7,a7 ,in general ,each ,state shall consider measures to promote greater electrification of the transportation sector1 including-- 7i7 authorizing measures to stimulate investment in and deployment of electric vehicle supply equipment and to foster the market for electric vehicle charging2 7ii7 authorizing each electric utility of the ,state to recover from ratepayers any capital1 operating expenditure1 or other costs of the electric utility relating to load management1 programs1 or investments associated with the integration of electric vehicle supply equipment into the grid2 and 7iii7 allowing a person or agency that owns and operates an electric vehicle charging facility for the sole purpose of recharging an electric vehicle battery to be excluded from regulation as an electric utility pursuant to section #c7d7 when making electricity sales from the use of the electric vehicle charging facility1 if such sales are the only sales of electricity made by the person or agency4 7,b7 ,definition ,for purposes of this paragraph1 the term electric vehicle supply equipment means conductors1 including ungrounded1 grounded1 and equipment grounding conductors1 electric vehicle connectors1 attachment plugs1 and all other fittings1 devices1 power outlets1 or apparatuses installed specifically for the purpose of delivering energy to an electric vehicle4 4 7b7 ,obligations ,to consider and determine 7#a7 ,time limitations ,section #aab7;b7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;b77 is amended by adding at the end the following3 7#i7 7,a7 ,not later than #a year after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority7 and each nonregulated electric utility shall commence the consideration referred to in section #aaa1 or set a hearing date for consideration1 with respect to the standards established by paragraph 7#bb7 of section #aaa7;d74 7,b7 ,not later than #b years after the date of the enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority71 and each nonregulated electric utility1 shall complete the consideration1 and shall make the determination1 referred to in section #aaa with respect to each standard established by paragraph 7#bb7 of section #aaa7;d74 4 7#b7 ,failure to comply ,section #aab7;c7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;c77 is amended by adding at the end the following3 ,in the case of the standard established by paragraph 7#bb7 of section #aaa7;d71 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 paragraph44 7#c7 ,prior ,state actions ,section #aab of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7 is amended by adding at the end the following3 7i7 ,prior ,state actions ,subsections 7b7 and 7c7 of this section shall not apply to the standard established by paragraph 7#bb7 of section #aaa7;d7 in the case of any electric utility in a ,state if1 before the enactment of this subsection-- 7#a7 the ,state has implemented for such utility the standard concerned 7or a comparable standard72 7#b7 the ,state regulatory authority for such ,state or relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard concerned 7or a comparable standard7 for such utility2 7#c7 the ,state legislature has voted on the implementation of such standard 7or a comparable standard7 for such utility2 or 7#d7 the ,state has taken action to implement incentives or other steps to strongly encourage the deployment of electric vehicles4 4 7#d7 ,prior and pending proceedings ,section #abd of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfcd7 is amended is amended by adding at the end the following3 ,in the case of the standard established by paragraph 7#bb7 of section #aaa7;d71 the reference contained in this section to the date of the enactment of this ,act shall be deemed to be a reference to the date of enactment of such paragraph 7#bb744 #fejh4 ,state energy plans 7a7 ,state energy conservation plans ,section #cfb7;d7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb7;d77 is amended-- 7#a7 in paragraph 7#af71 by striking 2 and and inserting a semicolon2 7#b7 by redesignating paragraph 7#ag7 as paragraph 7#ah72 and 7#c7 by inserting after paragraph 7#af7 the following3 7#ag7 a ,state energy transportation plan developed in accordance with section #cfh2 and 4 7b7 ,authorization of appropriations ,section #cfe7;f7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbe7;f77 is amended to read as follows3 7f7 ,authorization of appropriations 7#a7 ,state energy conservation plans ,for the purpose of carrying out this part1 there are authorized to be appropriated #ajj1jjj1jjj for each of fiscal years #bjba through #bjbe4 7#b7 ,state energy transportation plans ,in addition to the amounts authorized under paragraph 7#a71 for the purpose of carrying out section #cfh1 there are authorized to be appropriated #be1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 7c7 ,state energy transportation plans 7#a7 ,in general ,part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcba et seq47 is further amended by adding at the end the following3 #cfh4 ,state energy transportation plans 7a7 ,in general ,the ,secretary may provide financial assistance to a ,state to develop a ,state energy transportation plan1 for inclusion in a ,state energy conservation plan under section #cfb7;d71 to promote the electrification of the transportation system1 reduced consumption of fossil fuels1 and improved air quality4 7b7 ,development ,a ,state developing a ,state energy transportation plan under this section shall carry out this activity through the ,state energy office that is responsible for developing the ,state energy conservation plan under section #cfb4 7c7 ,contents ,a ,state developing a ,state energy transportation plan under this section shall include in such plan a plan to-- 7#a7 deploy a network of electric vehicle supply equipment to ensure access to electricity for electric vehicles1 including commercial vehicles1 to an extent that such electric vehicles can travel throughout the ,state without running out of a charge2 and 7#b7 promote modernization of the electric grid1 including through the use of renewable energy sources to power the electric grid1 to accommodate demand for power to operate electric vehicle supply equipment and to utilize energy storage capacity provided by electric vehicles1 including commercial vehicles4 7d7 ,coordination ,in developing a ,state energy transportation plan under this section1 a ,state shall coordinate1 as appropriate1 with-- 7#a7 ,state regulatory authorities 7as defined in section #c of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfjb772 7#b7 electric utilities2 7#c7 regional transmission organizations or independent system operators2 7#d7 private entities that provide electric vehicle charging services2 7#e7 ,state transportation agencies1 metropolitan planning organizations1 and local governments2 7#f7 electric vehicle manufacturers2 7#g7 public and private entities that manage vehicle fleets2 and 7#h7 public and private entities that manage ports1 airports1 or other transportation hubs4 7e7 ,technical assistance ,upon request of the ,governor of a ,state1 the ,secretary shall provide information and technical assistance in the development1 implementation1 or revision of a ,state energy transportation plan4 7f7 ,electric vehicle supply equipment defined ,for purposes of this section1 the term electric vehicle supply equipment means conductors1 including ungrounded1 grounded1 and equipment grounding conductors1 electric vehicle connectors1 attachment plugs1 and all other fittings1 devices1 power outlets1 or apparatuses installed specifically for the purpose of delivering energy to an electric vehicle4 4 7#b7 ,conforming amendment ,the table of sections for part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act is further amended by adding at the end the following3 ,sec4 #cfh4 ,state energy security plans4 4 #feji4 ,transportation electrification ,section #aca of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjaa7 is amended-- 7#a7 in subsection 7a77#f7-- 7,a7 in subparagraph 7,a71 by inserting 1 including ground support equipment at ports before the semicolon2 7,b7 in subparagraph 7,e71 by inserting and vehicles before the semicolon2 7,c7 in subparagraph 7,h71 by striking and at the end2 7,d7 in subparagraph 7,i7-- 7i7 by striking battery chargers12 and 7ii7 by striking the period at the end and inserting a semicolon2 and 7,e7 by adding at the end the following3 7,j7 installation of electric vehicle supply equipment for recharging plug-in electric drive vehicles1 including such equipment that is accessible in rural and urban areas and in underserved or disadvantaged communities and such equipment for medium- and heavy-duty vehicles1 including at depots and in-route locations2 7,k7 multi-use charging hubs used for multiple forms of transportation2 7,l7 medium- and heavy-duty vehicle smart charging management and refueling2 7,m7 battery recycling and secondary use1 including for medium- and heavy-duty vehicles2 and 7,n7 sharing of best practices1 and technical assistance provided by the ,department to public utilities commissions and utilities1 for medium- and heavy-duty vehicle electrification4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#c77;,a77ii71 by inserting 1 components for such vehicles1 and charging equipment for such vehicles after vehicles2 and 7,b7 in paragraph 7#f71 by striking #ij1jjj1jjj for each of fiscal years #bjjh through #bjab and inserting #b1jjj1jjj1jjj for each of fiscal years #bjba through #bjbe2 7#c7 in subsection 7c7-- 7,a7 in the header1 by striking ,near-,term and inserting ,large-,scale2 and 7,b7 in paragraph 7#d71 by striking #ie1jjj1jjj for each of fiscal years #bjjh through #bjac and inserting #b1ejj1jjj1jjj for each of fiscal years #bjba through #bjbe2 and 7#d7 by redesignating subsection 7d7 as subsection 7e7 and inserting after subsection 7c7 the following3 7d7 ,priority ,in providing grants under subsections 7b7 and 7c71 the ,secretary shall give priority consideration to applications that contain a written assurance that all laborers and mechanics employed by contractors or subcontractors during construction1 alteration1 or repair that is financed1 in whole or in part1 by a grant provided under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality1 as determined by the ,secretary of ,labor in accordance with sections #cada through #cadd1 #cadf1 and #cadg of title #dj1 ,united ,states ,code 7and the ,secretary of ,labor shall1 with respect to the labor standards described in this clause1 have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code74 4 #feaj4 ,federal fleets 7a7 ,minimum ,federal fleet requirement ,section #cjc of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acbab7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 7#c7 ,the ,secretary1 in consultation with the ,administrator of ,general ,services1 shall ensure that in acquiring medium- and heavy-duty vehicles for a ,federal fleet1 a ,federal entity shall acquire zero emission vehicles to the maximum extent feasible4 2 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,percentage requirements 7#a7 ,in general 7,a7 ,light-duty vehicles ,beginning in fiscal year #bjbe1 #ajj percent of the total number of light-duty vehicles acquired by a ,federal entity for a ,federal fleet shall be alternative fueled vehicles1 of which-- 7i7 at least #ej percent shall be zero emission vehicles or plug-in hybrids in fiscal years #bjbe through #bjcd2 7ii7 at least #ge percent shall be zero emission vehicles or plug-in hybrids in fiscal years #bjce through #bjdi2 and 7iii7 #ajj percent shall be zero emission vehicles in fiscal year #bjej and thereafter4 7,b7 ,medium- and heavy-duty vehicles ,the following percentages of the total number of medium- and heavy-duty vehicles acquired by a ,federal entity for a ,federal fleet shall be alternative fueled vehicles3 7i7 ,at least #bj percent in fiscal years #bjbe through #bjbi4 7ii7 ,at least #cj percent in fiscal years #bjcj through #bjci4 7iii7 ,at least #dj percent in fiscal years #bjdj through #bjdi4 7iv7 ,at least #ej percent in fiscal year #bjej and thereafter4 7#b7 ,exception ,the ,secretary1 in consultation with the ,administrator of ,general ,services where appropriate1 may permit a ,federal entity to acquire for a ,federal fleet a smaller percentage than is required in paragraph 7#a7 for a fiscal year1 so long as the aggregate percentage acquired for each class of vehicle for all ,federal fleets in the fiscal year is at least equal to the required percentage4 7#c7 ,definitions ,in this subsection3 7,a7 ,federal fleet ,the term ,federal fleet means a fleet of vehicles that are centrally fueled or capable of being centrally fueled and are owned1 operated1 leased1 or otherwise controlled by or assigned to any ,federal executive department1 military department1 ,government corporation1 independent establishment1 or executive agency1 the ,united ,states ,postal ,service1 the ,congress1 the courts of the ,united ,states1 or the ,executive ,office of the ,president4 ,such term does not include-- 7i7 motor vehicles held for lease or rental to the general public2 7ii7 motor vehicles used for motor vehicle manufacturer product evaluations or tests2 7iii7 law enforcement vehicles2 7iv7 emergency vehicles2 or 7v7 motor vehicles acquired and used for military purposes that the ,secretary of ,defense has certified to the ,secretary must be exempt for national security reasons4 7,b7 ,fleet ,the term fleet means-- 7i7 #bj or more light-duty vehicles1 located in a metropolitan statistical area or consolidated metropolitan statistical area1 as established by the ,bureau of the ,census1 with a #aihj population of more than #bej1jjj2 or 7ii7 #aj or more medium- or heavy-duty vehicles1 located at a ,federal facility or located in a metropolitan statistical area or consolidated metropolitan statistical area1 as established by the ,bureau of the ,census1 with a #aihj population of more than #bej1jjj4 2 and 7#c7 in subsection 7f77#b77;,b7-- 7,a7 by striking 1 either2 and 7,b7 in clause 7i71 by striking or and inserting and4 7b7 ,federal fleet conservation requirements ,section #djj;,,ff7a7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcgd;e7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking #ah months after the date of enactment of this section and inserting #ab months after the date of enactment of the ,clean ,economy ,jobs and ,innovation ,act2 7,b7 by striking #bjaj and inserting #bjbb2 and 7,c7 by striking and increase alternative fuel consumption and inserting 1 increase alternative fuel consumption1 and reduce vehicle greenhouse gas emissions2 and 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,goals ,the goals of the requirements under paragraph 7#a7 are that each ,federal agency shall-- 7,a7 reduce fleet-wide per-mile greenhouse gas emissions from agency fleet vehicles1 relative to a baseline of emissions in #bjae1 by-- 7i7 not less than #cj percent by the end of fiscal year #bjbe2 7ii7 not less than #ej percent by the end of fiscal year #bjcj2 and 7iii7 #ajj percent by the end of fiscal year #bjej2 and 7,b7 increase the annual percentage of alternative fuel consumption by agency fleet vehicles as a proportion of total annual fuel consumption by ,federal fleet vehicles1 to achieve-- 7i7 #be percent of total annual fuel consumption that is alternative fuel by the end of fiscal year #bjbe2 7ii7 #ej percent of total annual fuel consumption that is alternative fuel by the end of fiscal year #bjce2 and 7iii7 at least #he percent of total annual fuel consumption that is alternative fuel by the end of fiscal year #bjej4 4 #feaa4 ,domestic ,manufacturing ,conversion ,grant ,program 7a7 ,hybrid vehicles1 advanced vehicles1 and fuel cell buses ,subtitle ,b of title ,,vii of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjfa et seq47 is amended-- 7#a7 in the subtitle header1 by inserting ,plug-,in ,electric ,vehicles1 before ,hybrid ,vehicles2 and 7#b7 in part #a1 in the part header1 by striking ,hybrid and inserting ,plug-,in ,electric4 7b7 ,plug-,in electric vehicles ,section #gaa of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjfa7 is amended to read as follows3 #gaa4 ,plug-in electric vehicles ,the ,secretary shall accelerate efforts1 related to domestic manufacturing1 that are directed toward the improvement of batteries1 power electronics1 and other technologies for use in plug-in electric vehicles4 4 7c7 ,efficient hybrid and advanced diesel vehicles ,section #gab of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjfb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by inserting 1 plug-in electric1 after efficient hybrid2 and 7,b7 by amending paragraph 7#c7 to read as follows3 7#c7 ,priority ,priority shall be given to-- 7,a7 the refurbishment or retooling of manufacturing facilities that have recently ceased operation or would otherwise cease operation in the near future2 and 7,b7 applications containing a written assurance that-- 7i7 all laborers and mechanics employed by contractors or subcontractors during construction1 alteration1 retooling1 or repair that is financed1 in whole or in part1 by a grant under this subsection shall be paid wages at rates not less than those prevailing on similar construction in the locality1 as determined by the ,secretary of ,labor in accordance with sections #cada through #cadd1 #cadf1 and #cadg of title #dj1 ,united ,states ,code2 7ii7 all laborers and mechanics employed by the owner or operator of a manufacturing facility that is financed1 in whole or in part1 by a grant under this subsection shall be paid wages at rates not less than those prevailing on similar construction in the locality1 as determined by the ,secretary of ,labor in accordance with sections #cada through #cadd1 #cadf1 and #cadg of title #dj1 ,united ,states ,code2 and 7iii7 the ,secretary of ,labor shall1 with respect to the labor standards described in this paragraph1 have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 2 and 7#b7 by striking subsection 7c7 and inserting the following3 7c7 ,cost share and guarantee of operation 7#a7 ,condition ,a recipient of a grant under this section shall pay the ,secretary the full amount of the grant if the facility financed in whole or in part under this subsection fails to manufacture goods for a period of at least #aj years after the completion of construction4 7#b7 ,cost share ,section #ihh7;c7 shall apply to a grant made under this subsection4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #b4e billion for each of fiscal years #bjba through #bjbe4 7e7 ,period of availability ,an award made under this section after the date of enactment of this subsection shall only be available with respect to facilities and equipment placed in service before ,december #cj1 #bjce4 4 7d7 ,conforming amendment ,the table of contents of the ,energy ,policy ,act of #bjje is amended-- 7#a7 in the item relating to subtitle ,b of title ,,vii1 by inserting ,plug-,in ,electric ,vehicles1 before ,hybrid ,vehicles2 7#b7 in the item relating to part #a of such subtitle1 by striking ,hybrid and inserting ,plug-,in ,electric2 and 7#c7 in the item relating to section #gaa1 by striking ,hybrid and inserting ,plug-in electric4 #feab4 ,advanced technology vehicles manufacturing incentive program ,section #acf of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjac7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by redesignating subparagraphs 7,a7 through 7,c7 as clauses 7i7 through 7iii71 respectively1 and indenting appropriately2 7ii7 by striking 7#a7 ,advanced technology vehicle4-- and all that follows through meets-- and inserting the following3 7#a7 ,advanced technology vehicle ,the term advanced technology vehicle means-- 7,a7 an ultra efficient vehicle2 7,b7 a light-duty vehicle or medium-duty passenger vehicle that-- 2 7iii7 in subparagraph 7,b77i7 7as so redesignated71 by striking the ,bin #e ,tier ,,ii and inserting meets the ,bin #afj ,tier ,,iii2 7iv7 in subparagraph 7,b77ii7 7as so redesignated71 by inserting meets before any new2 7v7 by amending subparagraph 7,b77iii7 7as so redesignated7 to read as follows3 7iii7 7,i7 for vehicles produced in model years #bjba through #bjbe1 meets the applicable regulatory standards for emissions of greenhouse gases for model year #bjba through #bjbe vehicles promulgated by the ,administrator of the ,environmental ,protection ,agency on ,october #ae1 #bjab 7#gg ,fed4 ,reg4 #fbfbd72 or 7,,ii7 emits zero emissions of greenhouse gases2 or 2 and 7vi7 by adding at the end the following3 7,c7 a heavy-duty vehicle 7excluding a medium-duty passenger vehicle7 that-- 7i7 complies early with and demonstrates achievement below the applicable regulatory standards for emissions of greenhouse gases for model year #bjbg vehicles promulgated by the ,administrator on ,october #be1 #bjaf 7#ha ,fed4 ,reg4 #gcdgh72 or 7ii7 emits zero emissions of greenhouse gases4 2 7,b7 by striking paragraph 7#b7 and redesignating paragraph 7#c7 as paragraph 7#b72 7,c7 by striking paragraph 7#d7 and inserting the following3 7#c7 ,qualifying component ,the term qualifying component means a material1 technology1 component1 system1 or subsystem in an advanced technology vehicle1 including an ultra-efficient component4 7#d7 ,ultra-efficient component ,the term ultra-efficient component means a component of an ultra efficient vehicle1 including-- 7,a7 fuel cell technology2 7,b7 battery technology1 including a battery cell1 battery1 battery management system1 or thermal control system2 7,c7 an automotive semiconductor or computer2 7,d7 an electric motor1 axle1 or component2 and 7,e7 an advanced lightweight1 high-strength1 or high-performance material4 2 and 7,d7 in paragraph 7#e7-- 7i7 in subparagraph 7,b71 by striking or at the end2 7ii7 in subparagraph 7,c71 by striking the period at the end and inserting 2 or2 and 7iii7 by adding at the end the following3 7,d7 at least #ge miles per gallon equivalent while operating as a hydrogen fuel cell electric vehicle4 2 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,advanced vehicles manufacturing facility 7#a7 ,in general ,the ,secretary shall provide facility funding awards under this section to advanced technology vehicle manufacturers and component suppliers to pay not more than #ej percent of the cost of-- 7,a7 reequipping1 expanding1 or establishing a manufacturing facility in the ,united ,states to produce-- 7i7 advanced technology vehicles2 or 7ii7 qualifying components2 and 7,b7 engineering integration performed in the ,united ,states of advanced technology vehicles and qualifying components4 7#b7 ,ultra-efficient components cost share ,notwithstanding paragraph 7#a71 a facility funding award under such paragraph may pay not more than #hj percent of the cost of a project to reequip1 expand1 or establish a manufacturing facility in the ,united ,states to produce ultra-efficient components4 2 7#c7 in subsection 7c71 by striking #bjbj and inserting #bjcj each place it appears2 7#d7 in subsection 7d7-- 7,a7 by amending paragraph 7#b7 to read as follows3 7#b7 ,application ,an applicant for a loan under this subsection shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including-- 7,a7 a written assurance that-- 7i7 all laborers and mechanics employed by contractors or subcontractors during construction1 alteration1 or repair1 or at any manufacturing operation1 that is financed1 in whole or in part1 by a loan under this section shall be paid wages at rates not less than those prevailing in a similar firm or on similar construction in the locality1 as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code2 and 7ii7 the ,secretary of ,labor shall1 with respect to the labor standards described in this paragraph1 have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code2 7,b7 a disclosure of whether there has been any administrative merits determination1 arbitral award or decision1 or civil judgment1 as defined in guidance issued by the ,secretary of ,labor1 rendered against the applicant in the preceding #c years for violations of applicable labor1 employment1 civil rights1 or health and safety laws2 7,c7 specific information regarding the actions the applicant will take to demonstrate compliance with1 and where possible exceedance of1 requirements under applicable labor1 employment1 civil rights1 and health and safety laws1 and actions the applicant will take to ensure that its direct suppliers demonstrate compliance with applicable labor1 employment1 civil rights1 and health and safety laws2 and 7,d7 an estimate and description of the jobs and types of jobs to be retained or created by the project and the specific actions the applicant will take to increase employment and retention of dislocated workers1 veterans1 individuals from low-income communities1 women1 minorities1 and other groups underrepresented in manufacturing1 and individuals with a barrier to employment4 2 7,b7 by amending paragraph 7#c7 to read as follows3 7#c7 ,selection of eligible projects ,the ,secretary shall select eligible projects to receive loans under this subsection in cases in which the ,secretary determines-- 7,a7 the loan recipient-- 7i7 has a reasonable prospect of repaying the principal and interest on the loan2 7ii7 will provide sufficient information to the ,secretary for the ,secretary to ensure that the qualified investment is expended efficiently and effectively2 and 7iii7 has met such other criteria as may be established and published by the ,secretary2 and 7,b7 the amount of the loan 7when combined with amounts available to the loan recipient from other sources7 will be sufficient to carry out the project4 2 and 7,c7 in paragraph 7#d7-- 7i7 in subparagraph 7,b77i71 by striking 2 and and inserting 2 or2 7ii7 in subparagraph 7,c71 by striking 2 and and inserting a semicolon2 7iii7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7,e7 shall be subject to the condition that the loan is not subordinate to other financing4 2 7#e7 by amending subsection 7e7 to read as follows3 7e7 ,regulations ,not later than #f months after the date of enactment of the ,clean ,economy ,jobs and ,innovation ,act1 the ,secretary shall issue a final rule establishing regulations to carry out this section4 2 7#f7 by amending subsection 7f7 to read as follows3 7f7 ,fees ,the ,secretary shall charge and collect fees for loans under this section in amounts the ,secretary determines are sufficient to cover applicable administrative expenses 7including any costs associated with third-party consultants engaged by the ,secretary71 which may not exceed #ajj1jjj or #aj basis points of the loan and may not be collected prior to financial closing4 2 7#g7 by amending subsection 7g7 to read as follows3 7g7 ,priority ,the ,secretary shall1 in making awards or loans to those manufacturers that have existing facilities 7which may be idle71 give priority to those facilities that are or would be-- 7#a7 oldest or in existence for at least #bj years2 7#b7 recently closed1 or at risk of closure2 7#c7 utilized primarily for the manufacture of medium-duty passenger vehicles or other heavy-duty vehicles that emit zero greenhouse gas emissions2 or 7#d7 utilized primarily for the manufacture of ultra-efficient components4 2 7#h7 in subsection 7h7-- 7,a7 in the header1 by striking automobile and inserting advanced technology vehicle2 and 7,b7 in paragraph 7#a77;,b71 by striking automobiles1 or components of automobiles and inserting advanced technology vehicles1 or components of advanced technology vehicles2 7#i7 by striking subsection 7i7 and redesignating subsection 7j7 as subsection 7i72 and 7#aj7 by adding at the end the following3 7j7 ,coordination ,in carrying out this section1 the ,secretary shall coordinate with relevant vehicle1 bioenergy1 and hydrogen and fuel cell demonstration project activities supported by the ,department4 7k7 ,outreach ,in carrying out this section1 the ,secretary shall-- 7#a7 provide assistance with the completion of applications for awards or loans under this section2 and 7#b7 conduct outreach1 including through conferences and online programs1 to disseminate information on awards and loans under this section to potential applicants4 7l7 ,report ,not later than #b years after the date of the enactment of this subsection1 and every #c years thereafter1 the ,secretary shall submit to ,congress a report on the status of projects supported by a loan under this section1 including-- 7#a7 a list of projects receiving a loan under this section1 including the loan amount and construction status of each such project2 7#b7 the status of each project's loan repayment1 including future repayment projections2 7#c7 data regarding the number of direct and indirect jobs retained1 restored1 or created by financed projects2 7#d7 the number of new projects projected to receive a loan under this section in the next #b years and the aggregate loan amount2 and 7#e7 any other metrics the ,secretary finds appropriate4 7m7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7#a7 #aj1jjj1jjj for each of fiscal years #bjba through #bjbe to administer this section2 and 7#b7 #aj1jjj1jjj for fiscal year #bjba1 to remain available until expended1 for administrative costs associated with loans under this section that are not covered by fees collected under subsection 7f74 4 ,f ,vehicles used for competition #ffja4 ,treatment of vehicles not legal for operation on a street or highway and used solely for competition 7a7 ,treatment ,an action with respect to any device or element of design referred to in paragraph 7#c7 of section #bjc7;a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gebb7;a77 shall not be treated as a prohibited act under such paragraph if the action is for the purpose of modifying a motor vehicle that is not legal for operation on a street or highway and is to be used solely for competition4 7b7 ,implementation ,not later than #ah months after the date of enactment of this ,act1 the ,administrator of the ,environmental ,protection ,agency shall promulgate final regulations as necessary to implement subsection 7a74 ,g ,clean ,refrigerated ,vehicles ,program #fgja4 ,pilot program for the electrification of certain refrigerated vehicles 7a7 ,establishment of pilot program ,the ,administrator shall establish and carry out a pilot program to award funds1 in the form of grants1 rebates1 and low-cost revolving loans1 as determined appropriate by the ,administrator1 on a competitive basis1 to eligible entities to carry out projects described in subsection 7b74 7b7 ,projects ,an eligible entity receiving an award of funds under subsection 7a7 may use such funds only for one or more of the following projects3 7#a7 ,transport refrigeration unit replacement ,a project to retrofit a heavy-duty vehicle by replacing or retrofitting the existing diesel-powered transport refrigeration unit in such vehicle with an electric transport refrigeration unit and retiring the replaced unit for scrappage4 7#b7 ,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 fuel4 7c7 ,maximum amounts ,the amount of an award of funds under subsection 7a7 shall not exceed-- 7#a7 for the costs of a project described in subsection 7b77#a71 #ge percent of such costs2 and 7#b7 for the costs of a project described in subsection 7b77#b71 #ee percent of such costs4 7d7 ,applications ,to be eligible to receive an award of funds under subsection 7a71 an eligible entity shall submit to the ,administrator-- 7#a7 a description of the air quality in the area served by the eligible entity1 including a description of how the air quality is affected by diesel emissions from heavy-duty vehicles2 7#b7 a description of the project proposed by the eligible entity1 including-- 7,a7 any technology to be used or funded by the eligible entity2 and 7,b7 a description of the heavy-duty vehicle or vehicles of the eligible entity1 that will be retrofitted1 if any1 including-- 7i7 the number of such vehicles2 7ii7 the uses of such vehicles2 7iii7 the locations where such vehicles dock for the purpose of loading or unloading2 and 7iv7 the routes driven by such vehicles1 including the times at which such vehicles are driven2 7#c7 an estimate of the cost of the proposed project2 7#d7 a description of the age and expected lifetime control of the equipment used or funded by the eligible entity2 and 7#e7 provisions for the monitoring and verification of the project including to verify scrappage of replaced units4 7e7 ,priority ,in awarding funds under subsection 7a71 the ,administrator shall give priority to proposed projects that1 as determined by the ,administrator-- 7#a7 maximize public health benefits2 7#b7 are the most cost-effective2 and 7#c7 will serve the communities that are most polluted by diesel motor emissions1 including communities that the ,administrator identifies as being in either nonattainment or maintenance of the national ambient air quality standards for a criteria pollutant1 particularly for-- 7,a7 ozone2 and 7,b7 particulate matter4 7f7 ,data release ,not later than #abj days after the date on which an award of funds is made under this section1 the ,administrator shall publish on the website of the ,environmental ,protection ,agency1 on a downloadable electronic database1 information with respect to such award of funds1 including-- 7#a7 the name and location of the recipient2 7#b7 the total amount of funds awarded2 7#c7 the intended use or uses of the awarded funds2 7#d7 the date on which the award of funds was approved2 7#e7 where applicable1 an estimate of any air pollution or greenhouse gas emissions avoided as a result of the project funded by the award2 and 7#f7 any other data the ,administrator determines to be necessary for an evaluation of the use and effect of awarded funds provided under this section4 7g7 ,reports to ,congress 7#a7 ,annual report to ,congress ,not later than #a year after the date of the establishment of the pilot program under this section1 and annually thereafter until amounts made available to carry out this section are expended1 the ,administrator shall submit to ,congress and make available to the public a report that describes1 with respect to the applicable year-- 7,a7 the number of applications for awards of funds received under such program2 7,b7 all awards of funds made under such program1 including a summary of the data described in subsection 7f72 7,c7 the estimated reduction of annual emissions of air pollutants regulated under section #aji of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdji71 and the estimated reduction of greenhouse gas emissions1 associated with the awards of funds made under such program2 7,d7 the number of awards of funds made under such program for projects in communities described in subsection 7e77#c72 and 7,e7 any other data the ,administrator determines to be necessary to describe the implementation1 outcomes1 or effectiveness of such program4 7#b7 ,final report ,not later than #a year after amounts made available to carry out this section are expended1 or #e years after the pilot program is established1 whichever comes first1 the ,administrator shall submit to ,congress and make available to the public a report that describes-- 7,a7 all of the information collected for the annual reports under paragraph 7#a72 7,b7 any benefits to the environment or human health that could result from the widespread application of electric transport refrigeration units for short-haul transportation and delivery of perishable goods or other goods requiring climate-controlled conditions1 including in low-income communities and communities of color2 7,c7 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 technologies2 7,d7 an assessment of the national market potential for electric transport refrigeration units2 7,e7 an assessment of challenges and opportunities for widespread deployment of electric transport refrigeration units1 including in urban areas2 and 7,f7 recommendations for how future ,federal1 ,state1 and local programs can best support the adoption and widespread deployment of electric transport refrigeration units4 7h7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,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 engine4 7#c7 ,electric transport refrigeration unit ,the term electric transport refrigeration unit means a transport refrigeration unit in which the refrigeration or climate-control system is driven by an electric motor when connected to shore power infrastructure or other equipment that enables transport refrigeration units to connect to electric power1 including all-electric transport refrigeration units1 hybrid electric transport refrigeration units1 and standby electric transport refrigeration units4 7#d7 ,eligible entity ,the term eligible entity means-- 7,a7 a regional1 ,state1 local1 or ,tribal agency1 or port authority1 with jurisdiction over transportation or air quality2 7,b7 a nonprofit organization or institution that-- 7i7 represents or provides pollution reduction or educational services to persons or organizations that own or operate heavy-duty vehicles or fleets of heavy-duty vehicles2 or 7ii7 has1 as its principal purpose1 the promotion of air quality2 7,c7 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 conditions2 7,d7 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-controlled conditions2 or 7,e7 a hospital or public health institution that utilizes refrigeration for storage of perishable goods or other goods requiring climate-controlled conditions4 7#e7 ,heavy-duty vehicle ,the term heavy-duty vehicle means-- 7,a7 a commercial truck or van-- 7i7 used for the primary purpose of transporting perishable goods or other goods requiring climate-controlled conditions2 and 7ii7 with a gross vehicle weight rating greater than #f1jjj pounds2 or 7,b7 an insulated cargo trailer used in transporting perishable goods or other goods requiring climate-controlled conditions when mounted on a semitrailer4 7#f7 ,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 loaded1 including a food distribution center or other location where heavy-duty vehicles congregate4 7#g7 ,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 conditions4 7i7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj1 to remain available until expended4 7#b7 ,administrative expenses ,the ,administrator may use not more than #a percent of amounts made available pursuant to paragraph 7#a7 for administrative expenses to carry out this section4 ,h ,low-,carbon fuels #fhja4 ,study by ,national ,academy of ,sciences 7a7 ,in general ,the ,administrator of the ,environmental ,protection ,agency1 after consultation with the ,secretary of ,energy and the ,secretary of ,agriculture1 shall seek to enter into an agreement with the ,national ,academy of ,sciences 7or1 if the ,academy declines1 another appropriate entity7 under which the ,academy 7or other appropriate entity7 agrees to-- 7#a7 assess current methods for life cycle greenhouse gas emissions analyses for low-carbon transportation fuels in the ,united ,states2 and 7#b7 develop a framework for assessing broader environmental implications of low-carbon transportation fuels in addition to greenhouse gas emissions4 7b7 ,timing of agreement ,the ,administrator shall seek to enter into the agreement described in subsection 7a7 not later than #fj days after the date of enactment of this ,act4 7c7 ,assessment ,the assessment pursuant to subsection 7a77#a7 shall examine methods for calculating life cycle greenhouse gas emissions associated with transportation fuels 7liquid and nonliquid71 including-- 7#a7 direct greenhouse gas emissions1 including all stages of fuel and feedstock production1 distribution1 and use2 and 7#b7 potentially significant indirect greenhouse gas emissions4 7d7 ,framework ,the framework pursuant to subsection 7a77#b7 shall include a recommended framework and approaches for detailed quantitative assessments of the comparative environmental implications of low-carbon transportation fuels 7liquid and nonliquid71 including-- 7#a7 life cycle implications for air1 water1 land1 and ecosystems in different regions of the ,united ,states and over time2 and 7#b7 potential environmental implications over the life cycle of transportation fuels for low-income and disadvantaged communities and communities of color4 7e7 ,reports ,the agreement under subsection 7a7 shall provide for the publication by the ,academy 7or other appropriate entity7 of-- 7#a7 not later than #ab months after the date of enactment of this ,act1 a report-- 7,a7 describing the results of the assessment under subsection 7a77#a72 and 7,b7 recommending a standardized approach to calculating life cycle greenhouse gas emissions from low-carbon transportation fuels 7liquid and nonliquid72 and 7#b7 not later than #ah months after the date of enactment of this ,act1 a report providing recommendations for a framework to assess environmental implications1 in addition to greenhouse gas emissions1 of low-carbon transportation fuels 7liquid and nonliquid74 7f7 ,definitions ,in this section3 7#a7 ,academy ,the term ,academy means the ,national ,academy of ,sciences4 7#b7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#c7 ,life cycle greenhouse gas emissions ,the term life cycle greenhouse gas emissions means the aggregate quantity of greenhouse gas emissions 7including direct emissions and significant indirect emissions such as significant emissions from land use changes71 as determined by the ,academy 7or other appropriate entity7 over the full life cycle of the respective greenhouse gases1 across all stages of a given fuel's supply chain1 where the mass values for all greenhouse gases are adjusted to account for their relative global warming potential and residence time4 7#d7 ,other appropriate entity ,the term other appropriate entity means the other appropriate entity with which the agreement under subsection 7a7 is entered into if the ,academy declines to enter into the agreement4 ,i ,climate ,action ,planning for ,ports #fija4 ,grants ,to reduce greenhouse gas emissions at ports 7a7 ,grants ,the ,administrator of the ,environmental ,protection ,agency may award grants to eligible entities-- 7#a7 to implement plans to reduce greenhouse gas emissions at one or more ports or port facilities within the jurisdictions of the respective eligible entities2 and 7#b7 to develop climate action plans described in subsection 7b77#b74 7b7 ,application 7#a7 ,in general ,to seek a grant under this section1 an eligible entity shall submit an application to the ,administrator of the ,environmental ,protection ,agency at such time1 in such manner1 and containing such information and assurances as the ,administrator may require4 7#b7 ,climate action plan ,at a minimum1 each such application shall contain-- 7,a7 a detailed and strategic plan1 to be known as a climate action plan1 that outlines how the eligible entity will develop and implement climate change mitigation or adaptation measures through the grant2 or 7,b7 a request pursuant to subsection 7a77#b7 for funding for the development of a climate action plan4 7#c7 ,required components ,a climate action plan under paragraph 7#b7 shall demonstrate that the measures proposed to be implemented through the grant-- 7,a7 will reduce greenhouse gas emissions at the port or port facilities involved pursuant to greenhouse gas emission reduction goals set forth in the climate action plan2 7,b7 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 plan2 7,c7 will implement emissions accounting and inventory practices to determine baseline emissions and measure progress2 and 7,d7 will ensure labor protections for workers employed directly at the port or port facilities involved1 including by-- 7i7 demonstrating that implementation of the measures proposed to be implemented through the grant will not result in a net loss of jobs at the port or port facilities involved2 7ii7 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 locality1 as determined by the ,secretary of ,labor under sections #cada through #cadd1 #cadf1 and #cadg of title #dj1 ,united ,states ,code2 and 7iii7 requiring any projects initiated to carry out the plan with total capital costs of #a1jjj1jjj or greater to utilize a project labor agreement and not impact any preexisting project labor agreement4 7#d7 ,other components ,in addition to the components required by paragraph 7#c71 a climate action plan under paragraph 7#b7 shall demonstrate that the measures proposed to be implemented through the grant will do at least #b of the following3 7,a7 ,improve energy efficiency at a port or port facility1 including by using-- 7i7 energy-efficient vehicles1 such as hybrid1 low-emission1 or zero-emission vehicles2 7ii7 energy efficient cargo-handling1 harbor vessels1 or storage facilities such as energy-efficient refrigeration equipment2 7iii7 energy-efficient lighting2 7iv7 shore power2 or 7v7 other energy efficiency improvements4 7,b7 ,deploy technology or processes that reduce idling of vehicles at a port or port facility4 7,c7 ,reduce the direct emissions of greenhouse gases and other air pollutants with a goal of achieving zero emissions1 including by replacing and retrofitting equipment 7including vehicles onsite1 cargo-handling equipment1 or harbor vessels7 at a port or port facility4 7#e7 ,prohibited use ,an eligible entity may not use a grant provided under this section-- 7,a7 to purchase fully automated cargo handling equipment2 7,b7 to build1 or plan to build1 terminal infrastructure that is designed for fully automated cargo handling equipment2 7,c7 to purchase1 test1 or develop highly automated trucks1 chassis1 or any related equipment that can be used to transport containerized freight2 or 7,d7 to extend to any independent contractor1 independent owner1 operator1 or other entity that is not using employees for the sake of performing work on terminal grounds4 7#f7 ,coordination with stakeholders ,in developing a climate action plan under paragraph 7#b71 an eligible entity shall-- 7,a7 identify and collaborate with stakeholders who may be affected by the plan1 including local environmental justice communities and other near-port communities2 7,b7 address the potential cumulative effects of the plan on stakeholders when those effects may have a community-level impact2 and 7,c7 ensure effective advance communication with stakeholders to avoid and minimize conflicts4 7c7 ,priority ,in awarding grants under this section1 the ,administrator of the ,environmental ,protection ,agency shall give priority to applicants proposing-- 7#a7 to strive for zero emissions as a key strategy within the grantee's climate action plan under paragraph 7#b72 7#b7 to take a regional approach to reducing greenhouse gas emissions at ports2 7#c7 to collaborate with near-port communities to identify and implement mutual solutions to reduce air pollutants at ports or port facilities affecting such communities1 with emphasis given to implementation of such solutions in near-port communities that are environmental justice communities2 7#d7 to implement activities with off-site benefits1 such as by reducing air pollutants from vehicles1 equipment1 and vessels at sites other than the port or port facilities involved2 and 7#e7 to reduce localized health risk pursuant to health risk reduction goals that are set within the grantee's climate action plan under paragraph 7#b74 7d7 ,model methodologies ,the ,administrator of the ,environmental ,protection ,agency shall-- 7#a7 develop model methodologies which grantees under this section may choose to use for emissions accounting and inventory practices referred to in subsection 7b77#c77;,c72 and 7#b7 ensure that such methodologies are designed to measure progress in reducing air pollution at near-port communities4 7e7 ,definitions ,in this section3 7#a7 ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,the term cargo-handling equipment includes-- 7,a7 ship-to-shore container cranes and other cranes2 7,b7 container-handling equipment2 and 7,c7 equipment for moving or handling cargo1 including trucks1 reachstackers1 toploaders1 and forklifts4 7#c7 ,the term eligible entity means-- 7,a7 a port authority2 7,b7 a ,state1 regional1 local1 or ,tribal agency that has jurisdiction over a port authority or a port2 7,c7 an air pollution control district2 or 7,d7 a private entity 7including any nonprofit organization7 that-- 7i7 applies for a grant under this section in collaboration with an entity described in subparagraph 7,a71 7,b71 or 7,c7 2 and 7ii7 owns1 operates1 or uses a port facility1 cargo equipment1 transportation equipment1 related technology1 or a warehouse facility at a port or port facility4 7#d7 ,the term environmental justice community means a community with significant representation of communities of color1 low-income communities1 or ,tribal and indigenous communities1 that experiences1 or is at risk of experiencing1 higher or more adverse human health or environmental effects4 7#e7 ,the term harbor vessel includes a ship1 boat1 lighter1 or maritime vessel designed for service at and around harbors and ports4 7#f7 ,the term inland port means a logistics or distribution hub that is located inland from navigable waters1 where cargo1 such as break-bulk cargo or cargo in shipping containers1 is processed1 stored1 and transferred between trucks1 rail cars1 or aircraft4 7#g7 ,the term port includes an inland port4 7#h7 ,the term stakeholder means residents1 community groups1 businesses1 business owners1 labor unions1 commission members1 or groups from which a near-port community draws its resources that-- 7,a7 have interest in the climate action plan of a grantee under this section2 or 7,b7 can affect or be affected by the objectives and policies of such a climate action plan4 7f7 ,authorization of appropriations 7#a7 ,in general ,to carry out this subtitle1 there is authorized to be appropriated #bej1jjj1jjj for each of fiscal years #bjba through #bjbe4 7#b7 ,development of climate action plans ,in addition to the authorization of appropriations in paragraph 7#a71 there is authorized to be appropriated for grants pursuant to subsection 7a77#b7 to develop climate action plans #ej1jjj1jjj for fiscal year #bjba1 to remain available until expended4 ,j ,research and ,development #fiaa4 ,definitions ,in this subtitle3 7#a7 ,alternative fuel ,the term alternative fuel means a fuel that is sustainably produced and1 or1 that results in a significant reduction in carbon dioxide 7,,co#b7 emissions1 or other particulate or toxic emissions1 over the lifecycle of such fuel4 7#b7 ,department ,the term ,department means the ,department of ,energy4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 #fiab4 ,vehicle research and development 7a7 ,in general ,the ,secretary shall conduct a program of research1 development1 and demonstration activities on more efficient and sustainable materials1 technologies1 and processes with the potential to substantially reduce or eliminate petroleum from the manufacture1 use1 and the emissions of the passenger and commercial vehicles with lower cost of vehicle manufacturing and ownership1 including activities in the areas of-- 7#a7 electrification of vehicle systems2 including compact and efficient electric drivetrain systems2 7#b7 power electronics1 electric machines1 and electric machine drive systems1 including-- 7,a7 electronic motors1 including advanced inverters and motors that can be used for passenger vehicles and commercial vehicles2 7,b7 magnetic materials1 including permanent magnets with reduced or no critical materials2 7,c7 improving partial load efficiency2 7,d7 design of power electronics and electric motor technologies that enable efficient recycling of critical materials2 and 7,e7 other technically feasible areas for power electronics and electric machine advances4 7#c7 vehicle batteries and relevant systems1 including-- 7,a7 advanced batteries systems1 ultracapacitors1 and other competitive energy storage devices2 7,b7 the development of common interconnection protocols1 specifications1 and architecture for both transportation and stationary battery applications2 7,c7 improving energy density and capacity1 recharging robustness1 extreme fast charging and wireless charging capabilities1 and efficiencies to lower cost2 7,d7 thermal management of battery systems2 7,e7 improving efficient use1 substitution1 and recycling of potentially critical materials in vehicles1 including rare earth elements and precious metals1 at risk of supply disruption2 and 7,f7 advanced battery protection systems for safe handling of high voltage power2 7#d7 vehicle1 component1 and subsystem manufacturing technologies and processes2 7#e7 vehicle systems and components1 including-- 7,a7 engine efficiency and combustion optimization2 7,b7 waste heat recovery2 7,c7 transmission and drivetrains2 7,d7 advanced boosting systems2 7,e7 idle reduction systems and components2 7,f7 innovative propulsion systems2 and 7,g7 vehicle fuel cells and relevant systems2 7#f7 hybrid and alternative fuel vehicles1 including-- 7,a7 vehicle fuel cells and relevant systems1 including power electronics systems to regulate the fuel cell voltages2 7,b7 synthetic fuels from recycled ,,co#b and net-zero carbon liquid fuels2 and 7,c7 advanced biofuel technologies2 7#g7 aftertreatment technologies1 aerodynamics1 rolling resistance 7including tires and wheel assemblies71 accessory power loads of vehicles and associated equipment1 friction and wear reduction1 and lubricants for hybrid and electric vehicles2 7#h7 vehicle weight reduction1 including-- 7,a7 more sustainable and cost-effective lightweighting materials2 and 7,b7 the development of higher efficiency manufacturing processes to make sustainable lightweight materials and fabricate1 assemble1 and use dissimilar materials1 including-- 7i7 lightweighted systems which combine several existing vehicle components2 and 7ii7 voluntary1 consensus-based standards for strategic lightweight materials2 7#i7 improved vehicle recycling methods to increase the recycled material content of feedstocks used in raw material manufacturing2 7#aj7 vehicle propulsion systems1 including-- 7,a7 engine and component durability2 7,b7 engine down speeding2 7,c7 engine compatibility with and optimization for a variety of transportation fuels1 including biofuels1 synthetic fuels1 and other liquid and gaseous fuels2 7,d7 advanced internal combustion engines2 7,e7 transmission gear and engine operation matching2 and 7,f7 advanced transmission technologies2 7#aa7 predictive engineering1 modeling1 and simulation of components1 vehicle and transportation systems2 7#ab7 leveraging automation in both vehicle and infrastructure systems2 7#ac7 infrastructure1 including-- 7,a7 refueling and charging infrastructure for alternative fueled and electric drive or plug-in electric hybrid vehicles1 including the unique challenges facing rural areas2 7,b7 extreme fast wired and wireless charging systems2 7,c7 integration1 bidirectional capability1 and operational optimization of vehicle electrification for light1 medium1 and heavy duty with the charging infrastructure and the grid2 and 7,d7 sensing1 communications1 and actuation technologies for vehicle1 electric grid1 and infrastructure1 including-- 7i7 communication and connectivity among vehicles1 infrastructure1 and the electrical grid2 and 7ii7 vehicle-to-vehicle1 vehicle-to-pedestrian1 vehicle-to-cloud1 and vehicle-to-infrastructure technologies2 7#ad7 retrofitting advanced vehicle technologies to existing vehicles2 7#ae7 transportation system analysis to further understand the energy implications and opportunities of advanced mobility solutions1 including-- 7,a7 advanced vehicle technologies1 including automation2 7,b7 new mobility business models1 real time information1 transit1 and micro mobility choices2 7,c7 consumer travel decisions and e-commerce engagement1 including travel behavior and potential strategies for reducing vehicle miles traveled to reduce emissions2 7,d7 goods movement and delivery interactions1 including with car transport2 7,e7 infrastructure advancements and linkage with vehicle-to-everything1 7,f7 quantification of technology1 policy1 and investment decisions on mobility1 access1 equity1 and the environment2 and 7,g7 overall system optimization2 7#af7 aligned industry standards for strategic lightweight materials2 7#ag7 energy efficient advanced computing systems1 technology1 and networking for vehicular on-board1 off-board1 and edge computing applications2 7#ah7 identifying strategies to mitigate the long-term ramification of vehicle and mobility technology research1 development1 and demonstration stemming from events such as economic downturns2 and 7#ai7 other innovative technologies research and development as determined by the ,secretary4 7b7 ,security of on-road transportation 7#a7 ,in general ,the ,secretary1 in coordination with other relevant ,federal agencies1 shall establish a research and development program focused on the cyber and physical security of interconnections between vehicles1 charging equipment1 buildings1 and the grid for plug-in electric vehicles1 connected vehicles1 and autonomous vehicles1 including the security impacts1 efficiency1 and safety of plug-in electric vehicles using alternating current charging1 high-power direct current fast charging1 and extreme fast charging1 defined as charge rates of #cejk,w and above4 7#b7 ,assessment ,the ,secretary shall develop an assessment of emergent cybersecurity threats and vulnerabilities to the ,united ,states on-road transportation system and connected infrastructure with #e- to #aj-year impact by identifying areas of research where ,federal cross-agency research coordination and cooperation will help address such threats and vulnerabilities4 7#c7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives1 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 resiliency of electric and connected and automated vehicle technologies4 7c7 ,vehicle energy storage system safety 7#a7 ,in general ,the ,secretary shall support a program of research1 development1 and demonstration of vehicle energy storage safety and reliability4 7#b7 ,activities ,in carrying out this section1 the ,secretary shall support activities to-- 7,a7 research the mechanisms that lead to vehicle energy storage system safety and reliability incidents2 7,b7 develop new materials to improve overall vehicle energy storage system safety and abuse tolerance2 7,c7 perform abuse testing2 7,d7 advance testing techniques2 7,e7 demonstrate detailed failure analyses2 7,f7 develop strategies to mitigate vehicle energy storage cell and system failures2 and 7,g7 development of crush-induced battery safety protocols and standards to improve robustness4 7d7 ,vehicle technologies advisory committee 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish the ,advanced ,vehicle ,technologies ,advisory ,committee 7in this section referred to as the advisory committee7 to advise the ,secretary on vehicle technology and mobility system research advancements4 ,the advisory committee shall be composed of not fewer than #ae members1 including representatives of research and academic institutions1 environmental organizations1 industry1 and nongovernmental entities1 who are qualified to provide advice on the research1 development1 and demonstration activities under this ,act 7in this section referred to as the ,,doe ,vehicle ,program74 7#b7 ,assessment ,the advisory committee shall assess-- 7,a7 the current state of ,united ,states competitiveness in advancing vehicle technologies and mobility systems1 including-- 7i7 the scope and scale of ,united ,states investments in sustainable transportation research1 development1 demonstration1 and 7ii7 research1 development1 and demonstration activities to lower vehicle and fuel lifecycle emissions2 7,b7 progress made in implementing the ,,doe ,vehicle ,program1 including progress of research activities to lower vehicle emissions1 considering emissions at each stage of the vehicle and fuel lifecycle2 7,c7 the need to revise the ,,doe ,vehicle ,program2 7,d7 the balance of activities and funding across the ,,doe ,vehicle ,program2 7,e7 the management1 coordination1 implementation1 and activities of the ,,doe ,vehicle ,program2 7,f7 whether environmental1 safety1 security1 and other appropriate societal issues are adequately addressed by the ,,doe ,vehicle ,technologies ,program2 and 7,g7 other relevant topics as decided by the ,secretary4 7#c7 ,reports ,not later than #b years after the date of enactment of this ,act1 and not less frequently than once every #c years thereafter1 the advisory committee shall submit to the ,secretary1 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report on-- 7,a7 the findings of the advisory committee's assessment under paragraph 7#a72 and 7,b7 the advisory committee's recommendations for ways to improve the ,,doe ,vehicle ,program4 7#d7 ,application of federal advisory committee act ,section #ad of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,advisory ,committee4 7e7 ,interagency and intraagency coordination ,to the maximum extent practicable1 the ,secretary shall coordinate research1 development1 and demonstration activities among-- 7#a7 relevant programs within the ,department1 including-- 7,a7 the ,office of ,energy ,efficiency and ,renewable ,energy2 7,b7 the ,office of ,science2 7,c7 the ,office of ,electricity2 7,d7 the ,office of ,fossil ,energy2 7,e7 the ,office of ,cybersecurity1 ,energy ,security1 and ,emergency ,response2 7,f7 the ,advanced ,research ,projects ,agency--,energy2 and 7,g7 other offices as determined by the ,secretary2 and 7#b7 relevant technology research and development programs within other ,federal agencies1 including-- 7,a7 the ,department of ,transportation2 7,b7 ,national ,institute of ,standards ,technology2 7,c7 ,national ,science ,foundation2 and 7,d7 other ,federal agencies as determined by the ,secretary4 7f7 ,intergovernmental coordination ,the ,secretary shall seek opportunities to leverage resources and support initiatives of ,federal1 ,state1 and local governments in developing and promoting advanced vehicle technologies1 manufacturing1 and infrastructure4 7g7 ,secondary use applications of vehicle batteries 7#a7 ,in general ,the ,secretary shall carry out a research1 development1 and demonstration program that-- 7,a7 builds on any work carried out under section #iae of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaie72 7,b7 identifies possible uses of a vehicle battery after the useful life of the battery in a vehicle has been exhausted2 7,c7 conducts long-term testing to verify performance and degradation predictions and lifetime valuations for secondary uses2 7,d7 evaluates innovative approaches to recycling materials from plug-in electric drive vehicles and the batteries used in plug-in electric drive vehicles2 7,e7 assesses the potential for markets for uses described in subparagraph 7,b7 to develop2 and 7,f7 identifies any barriers to the development of those markets2 7,g7 identifies the potential uses of a vehicle battery-- 7i7 with the most promise for market development2 and 7ii7 for which market development would be aided by a demonstration project4 7#b7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall submit to the appropriate committees of ,congress an initial report on the findings of the program described in paragraph 7#a71 including recommendations for stationary energy storage and other potential applications for batteries used in plug-in electric drive vehicles4 7#c7 ,secondary use demonstration 7,a7 ,in general ,based on the results of the program described in paragraph 7#a71 the ,secretary shall develop guidelines for projects that demonstrate the secondary uses and innovative recycling of vehicle batteries4 7,b7 ,publication of guidelines ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall-- 7i7 publish the guidelines described in subparagraph 7,a72 and 7ii7 solicit applications for funding for demonstration projects4 7#e7 ,pilot demonstration program ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall select proposals for ,federal financial assistance under this subsection1 based on an assessment of which proposals are mostly likely to contribute to the development of a secondary market for vehicle batteries4 7h7 ,study to examine battery science and technology pathways 7#a7 ,in general ,the ,secretary shall enter into an agreement with the ,national ,academies of ,sciences1 ,engineering1 and ,medicine under which the ,national ,academies agree to conduct a study on battery technologies to advance research toward a resilient and low-carbon transportation system and electric grid4 ,such study shall-- 7,a7 identify promising battery technologies2 7,b7 recommend research priorities to support the development of sustainable battery value chains1 including analyzing human rights1 environmental impacts1 and recycling and reuse infrastructure2 7,c7 examine market1 policy1 and technology barriers to their development2 and 7,d7 recommend strategic research priorities on technology pathways to develop affordable1 sustainable1 safe1 efficient1 and long-lasting batteries to meet future transportation and energy storage demands4 7#b7 ,report ,the agreement entered into under subsection 7a7 shall include a requirement that the ,national ,academies1 not later than #bd months after the date of enactment of this ,act1 submit to the ,house ,committee on ,science1 ,space and ,technology1 and the ,senate ,committee on ,energy and ,natural ,resources a report on the results of the study conducted pursuant to such subsection4 #fiac4 ,research and development program for advanced vehicle manufacturing technologies ,the ,secretary shall carry out a research1 development1 and demonstration program of advanced vehicle manufacturing technologies and practices1 including innovative1 efficient1 and sustainable processes-- 7#a7 to increase the production rate and decrease the cost of advanced battery and fuel cell manufacturing1 including synthesis of precursor materials for electrodes2 7#b7 to develop technologies enabling flexible manufacturing facilities that can accommodate different battery chemistries and configurations2 7#c7 to reduce or repurpose waste streams1 reduce emissions1 and energy intensity of vehicle1 engine1 advanced battery1 and component manufacturing processes2 7#d7 to recycle and remanufacture used batteries and other vehicle components for reuse in vehicles or other applications2 7#e7 to develop manufacturing and additive manufacturing processes to fabricate1 assemble1 and produce cost-effective lightweight materials with enhanced functionality such as advanced aluminum1 steel1 and other metal alloys1 advanced polymers1 polymeric composites1 and carbon fiber for use in vehicles and related tooling2 7#f7 to leverage the use of machine learning toward manufacturing and additive manufacturing optimization2 7#g7 to design and manufacture purpose-built hydrogen fuel cell vehicles1 hydrogen fueling infrastructure1 and components2 7#h7 to improve the lifetime and reduce the lifecycle impacts of advanced batteries2 and 7#i7 to reuse valuable components and materials such as permanent magnets and other electric drive components for advanced vehicles4 #fiad4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary for research1 development1 and demonstration1 of alternative fuels1 vehicle propulsion systems1 vehicle components1 and other related technologies in the ,united ,states1 including activities authorized under this subtitle-- 7#a7 for fiscal year #bjba1 #cif1jjj1jjj2 7#b7 for fiscal year #bjbb1 #dae1hjj1jjj2 7#c7 for fiscal year #bjbc1 #dcf1eij1jjj2 7#d7 for fiscal year #bjbd1 #deh1dai1ejj2 and 7#e7 for fiscal year #bjbe1 #dha1cdj1dge4 ,,vii ,advanced ,research ,projects ,agency--,energy #gjja4 ,,arpa-,e amendments 7a7 ,establishment ,section #ejab7;b7 of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afech7;b77 is amended by striking development of energy technologies and inserting development of transformative science and technology solutions to address the energy and environmental missions of the ,department4 7b7 ,goals ,section #ejab7;c7 of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afech7;c77 is amended-- 7#a7 by striking paragraph 7#a77;,a7 and inserting the following3 7,a7 to enhance the economic and energy security of the ,united ,states through the development of energy technologies that-- 7i7 reduce imports of energy from foreign sources2 7ii7 reduce energy-related emissions1 including greenhouse gases2 7iii7 improve the energy efficiency of all economic sectors2 7iv7 provide transformative solutions to improve the management1 clean-up1 and disposal of radioactive waste and spent nuclear fuel2 and 7v7 improve the resilience1 reliability1 and security of infrastructure to produce1 deliver1 and store energy2 and 2 and 7#b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking energy technology projects and inserting advanced technology projects4 7c7 ,responsibilities ,section #ejab7;e77#c77;,a7 of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afech7;e77#c77;,a77 is amended by striking energy4 7d7 ,reports and roadmaps ,section #ejab7;h7 of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afech7;h77 is amended to read as follows3 7h7 ,reports and roadmaps 7#a7 ,annual report ,as part of the annual budget request submitted for each fiscal year1 the ,director shall provide to the relevant authorizing and appropriations committees of ,congress a report that-- 7,a7 describes projects supported by ,,arpa-,e during the previous fiscal year2 7,b7 describes projects supported by ,,arpa-,e during the previous fiscal year that examine topics and technologies closely related to other activities funded by the ,department1 and includes an analysis of whether in supporting such projects1 the ,director is in compliance with subsection 7i77#a72 and 7,c7 describes current1 proposed1 and planned projects to be carried out pursuant to subsection 7e77#c77;,d74 7#b7 ,strategic vision roadmap ,not later than ,october #a1 #bjba1 and every four years thereafter1 the ,director shall provide to the relevant authorizing and appropriations committees of ,congress a roadmap describing the strategic vision that ,,arpa-,e will use to guide the choices of ,,arpa-,e for future technology investments over the following #d fiscal years4 4 7e7 ,coordination and nonduplication ,section #ejab7;i77#a7 of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afech7;i77#a77 is amended to read as follows3 7#a7 ,in general ,to the maximum extent practicable1 the ,director shall ensure that-- 7,a7 the activities of ,,arpa-,e are coordinated with1 and do not duplicate the efforts of1 programs and laboratories within the ,department and other relevant research agencies2 and 7,b7 ,,arpa-,e does not provide funding for a project unless the prospective grantee demonstrates sufficient attempts to secure private financing or indicates that the project is not independently commercially viable4 4 7f7 ,evaluation ,section #ejab7l7 of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afech7l77 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,not later than #c years after the date of enactment of this paragraph1 the ,secretary is authorized to enter into a contract with the ,national ,academy of ,sciences under which the ,national ,academy shall conduct an evaluation of how well ,,arpa-,e is achieving the goals and mission of ,,arpa-,e4 2 and 7#b7 in paragraph 7#b7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking shall and inserting may2 and 7,b7 in subparagraph 7,a71 by striking the recommendation of the ,national ,academy of ,sciences and inserting a recommendation4 7g7 ,authorization of appropriations ,paragraph 7#b7 of section #ejab7o7 of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afech7o77 is amended to read as follows3 7#b7 ,authorization of appropriations ,subject to paragraph 7#d71 there are authorized to be appropriated to the ,director for deposit in the ,fund1 without fiscal year limitation-- 7,a7 #dig1jjj1jjj for fiscal year #bjba2 7,b7 #efg1jjj1jjj for fiscal year #bjbb2 7,c7 #fea1jjj1jjj for fiscal year #bjbc2 7,d7 #gej1jjj1jjj for fiscal year #bjbd2 and 7,e7 #hge1jjj1jjj for fiscal year #bjbe4 4 7h7 ,technical amendments ,section #ejab of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afech7 is amended-- 7#a7 in subsection 7g77#c77;,a77iii71 by striking subpart each place it appears and inserting subparagraph2 and 7#b7 in subsection 7o77#d77;,b71 by striking 7c77#b77;,d7 and inserting 7c77#b77;,c74 ,,viii ,technology ,transfer #hjja4 ,definitions ,in this title3 7#a7 ,clean energy technology ,the term clean energy technology means a technology that significantly reduces energy use1 increases energy efficiency1 reduces greenhouse gas emissions1 reduces emissions of other pollutants1 or mitigates other negative environmental consequences4 7#b7 ,department ,the term ,department means the ,department of ,energy4 7#c7 ,director ,the term ,director means the ,director of each ,national ,laboratory and the ,director of each ,department of ,energy single-purpose research facility4 7#d7 ,economically distressed area ,the term economically distressed area has the meaning described in section #cja7;a7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cafa7;a774 7#e7 ,grant ,the term grant means a grant award1 cooperative agreement award1 or any other financial assistance arrangement that the ,secretary of ,energy determines to be appropriate4 7#f7 ,institution of higher education ,the term institution of higher education has the meaning given such term in the ,higher ,education ,act of #aife1 as amended 7#bj ,u4,s4,c4 #ajja74 7#g7 ,national laboratory ,the term ,national ,laboratory has the meaning given that term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 ,a ,national ,clean ,energy ,technology ,transfer ,programs #haja4 ,regional clean energy innovation program 7a7 ,definitions ,in this section3 7#a7 ,regional clean energy innovation partnership ,the term regional clean energy innovation partnership means a group of one or more persons1 including a covered consortium1 who perform a collection of activities that are coordinated by such covered consortium to carry out the purposes of the program under subsection 7c7 in a region of the ,united ,states4 7#b7 ,covered consortium ,the term covered consortium means an individual or group of individuals in partnership with a government entity1 including a ,state1 local1 or tribal government or unit of such government1 and at least #b or more of the following additional entities-- 7,a7 an institution of higher education or higher education consortium2 7,b7 a workforce training provider1 including vocational schools and community colleges2 7,c7 a private sector entity2 7,d7 a nonprofit organization2 7,e7 a community group2 7,f7 a labor group2 7,g7 a ,national ,laboratory2 7,h7 a venture development organization2 7,i7 an organization focused on clean energy technology innovation or entrepreneurship2 7,j7 a business accelerator or incubator2 7,k7 a private sector entity or group of entities1 including a trade or industry association2 7,l7 an economic development organization2 7,m7 a manufacturing facility or organization2 7,n7 a clean energy incubator or accelerator2 or 7,o7 any other entity that the ,secretary determines to be relevant4 7#c7 ,program ,the term program means the ,regional ,clean ,energy ,innovation ,program authorized in subsection 7b74 7#d7 ,frontline community ,the term frontline community means a community with significant representation of communities of color1 low-income communities1 or ,tribal and indigenous communities1 that experiences1 or is at risk of experiencing higher or more adverse human health or environmental effects4 7b7 ,in general ,the ,secretary shall establish a ,regional ,clean ,energy ,innovation ,program designed to accelerate the pace of innovation of clean energy technologies through the formation or support of regional clean energy innovation partnerships that-- 7#a7 are responsive to the energy resources1 needs of industry1 workforce1 policy landscape1 and clean energy innovation capabilities of the region of the country in which such partnership is located2 7#b7 enhance and accelerate clean energy innovation2 7#c7 are located in diverse geographic regions of the ,united ,states1 including ,united ,states territories2 and 7#d7 improve economic development outcomes in economically distressed areas4 7c7 ,purposes of the program ,the purposes of the program established under subsection 7a7 are to-- 7#a7 improve the competitiveness of ,united ,states' clean energy technology research1 development1 demonstration1 and commercial application2 7#b7 to identify and leverage the competitive strengths of and address clean energy challenges that are particular to diverse geographic regions of the ,united ,states to stimulate innovation in clean energy technologies2 7#c7 support the development of clean energy innovation companies in diverse geographic regions of the ,united ,states2 7#d7 promote the economic development of and enhance the economic resilience of diverse geographic regions of the ,united ,states2 7#e7 support the development of tools and technologies best suited for use in low-income and frontline communities2 and 7#f7 support the development of manufacturing capabilities and supply chains relevant to clean energy technologies in the ,united ,states4 7d7 ,regional clean energy innovation partnerships 7#a7 ,in general ,the ,secretary shall competitively award grants to covered consortia to establish or support regional clean energy innovation partnerships that achieve the purposes of the program in subsection 7c74 7#b7 ,permissible activities ,grants awarded under this subsection shall be used for activities determined appropriate by the ,secretary to achieve the purposes of the program in subsection 7c71 including-- 7,a7 facilitating the commercial application of clean energy products1 processes1 and services1 including through research1 development1 demonstration1 technology transfer1 or support of clean energy companies2 7,b7 planning among participants of a regional clean energy innovation partnership to improve the strategic coordination of the partnership2 7,c7 improving stakeholder involvement in the development of goals and activities of a regional clean energy innovation partnership2 7,d7 assessing different incentive mechanisms for clean energy development and commercial application in the region2 7,e7 hosting events and conferences2 and 7,f7 establishing and updating roadmaps to measure progress on relevant goals1 such as those relevant to metrics developed under subsection 7g74 7#c7 ,applications ,each application submitted to the ,secretary under paragraph 7#a7 may include-- 7,a7 a list of members and roles of members of the covered consortia1 as well as any other stakeholders supporting the activities of the regional clean energy innovation partnership2 7,b7 a description of the proposed outcomes of the regional clean energy innovation partnership2 7,c7 an assessment of the relevant clean energy innovation assets needed in a region to achieve proposed outcomes1 such as education and training programs1 research facilities1 infrastructure or site development1 access to capital1 manufacturing capabilities1 or other assets2 7,d7 a description of proposed activities that the regional clean energy innovation partnership plans to undertake and how the proposed activities will achieve the purposes described in subsection 7c7 and the proposed outcomes in subparagraph 7,b72 7,e7 a description of the geographical region that will engage in the partnership2 7,f7 a plan for attracting additional funds and identification of funding sources from non-,federal sources to deliver the proposed outcomes of the regional clean energy innovation partnership2 and 7,g7 a plan for sustaining activities of the regional clean energy innovation partnership after funds received under this program have been expended4 7#d7 ,considerations ,in selecting covered consortia for funding under the program1 the ,secretary shall-- 7,a7 give special consideration to applications from entities located in an economically distressed area2 and 7,b7 ensure that there is geographic diversity among the covered consortia selected to receive funding4 7#e7 ,award amount ,grants given out under this ,program shall be in an amount not greater than #aj1jjj1jjj1 with the total grant award in any year less than that in the previous year4 7#f7 ,cost share ,for grants that are disbursed over the course of three or more years1 the ,secretary shall require1 as a condition of receipt of funds under this section1 that a covered consortium provide not less than #ej percent of the funding for the activities of the regional clean energy partnership under this section for years #c1 #d1 and #e4 7#g7 ,duration ,each grant under paragraph 7#a7 shall be for a period of not longer than #e years4 7#h7 ,renewal ,a grant award made to a regional clean energy innovation partnership under this section may be renewed for a period of not more than #e years1 subject to a rigorous merit review based on the progress of a regional clean energy innovation partnership towards achieving the purposes of the program in subsection 7c7 and the metrics developed under subsection 7g74 7#i7 ,administrative costs ,the ,secretary may allow a covered consortium that receives funds under this section to allocate a portion of the funding received to be used for administrative or indirect costs4 7#aj7 ,funding ,the ,secretary may accept funds from other ,federal agencies to support funding and activities under this section4 7e7 ,planning funds ,the ,secretary may competitively award grants in an amount no greater than #b1jjj1jjj for a period not longer than #b years to an entity consisting of a government entity1 including a ,state1 local1 or tribal government or unit of such government or any entity listed under subsection 7a77#b7 to plan a regional clean energy innovation partnership or establish a covered consortium for the purpose of applying for funds under subsection 7b74 7f7 ,information sharing ,as part of the program1 the ,secretary shall support the gathering1 analysis1 and dissemination of information on best practices for developing and operating successful regional clean energy innovation partnerships4 7g7 ,metrics ,in evaluating a grant renewals under section 7d77#h71 the ,secretary shall work with program evaluation experts to develop and make publicly available metrics to assess the progress of a regional clean energy innovation partnership towards achieving the purposes of the program in section 7c74 ,such metrics may include-- 7#a7 the number and quality of-- 7,a7 new clean energy companies created in the region as a result of activities carried out under the regional clean energy innovation partnership2 7,b7 new or expanded workforce development or training programs2 and 7,c7 support services provided to clean energy technology developers in the region4 7#b7 changes in clean energy employment in the region as a result of activities carried out under the regional clean energy innovation partnership 2 and 7#c7 the amount of capital investment in clean energy companies in the region as a result of activities carried out under the regional clean energy innovation partnership grant4 7h7 ,coordination ,in carrying out the program1 the ,secretary may coordinate with relevant programs at other ,federal agencies1 including-- 7#a7 the ,office of ,innovation and ,entrepreneurship under the ,economic ,development ,administration1 including the ,regional ,innovation ,program under section #bg of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgbb72 7#b7 the ,hollings ,manufacturing ,extension ,partnership ,program under section #be7;a7 of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bghk72 7#c7 the ,manufacturing ,,usa ,program under section #cd7;a7 of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bghs72 7#d7 the ,defense ,manufacturing ,communities ,support ,program under section #hdf of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai 7#aj ,u4,s4,c4 #beja note72 and 7#e7 the ,office of ,economic ,adjustment at the ,department of ,defense4 7i7 ,evaluation by comptroller general ,not later than #c years after the date of the enactment of this ,act1 and every #c years thereafter1 the ,comptroller ,general shall submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate an evaluation on the operation of the program during the most recent #c-year period1 including-- 7#a7 an assessment of the progress made towards achieving the purposes specified in subsection 7c7 based on the metrics developed under subsection 7g72 7#b7 the short-term and long-term metrics used to determine the success of the program under subsection 7g71 and any changes recommended to the metrics used2 7#c7 the regional clean energy innovation partnerships that have received grants under subsection 7d72 and 7#d7 any recommendations on how the program may be improved4 7j7 ,national laboratories ,in supporting technology transfer activities at the ,national ,laboratories1 the ,secretary shall encourage partnerships with entities that are located in the same region or ,state as a ,national ,laboratory4 7k7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this section #ej1jjj1jjj for each of fiscal years #bjba through #bjbe4 #hajb4 ,national clean energy incubator program 7a7 ,clean energy incubator defined ,in this section1 the term clean energy incubator-- 7#a7 means any entity that is designed to accelerate the commercial application of clean energy technologies by providing-- 7,a7 physical workspace1 labs1 and prototyping facilities to support clean energy startups or established clean energy companies2 or 7,b7 companies developing such technologies with support1 resources1 and services1 including-- 7i7 access to business education and counseling2 7ii7 mentorship opportunities2 and 7iii7 other services rendered for the purpose of aiding the development and commercial application of a clean energy technology2 and 7#b7 may include a program within or established by a ,national ,laboratory1 an institution of higher education or a ,state1 local1 or tribal government4 7b7 ,program establishment ,not later than #ahj days after the enactment of this ,act1 the ,secretary1 acting through the ,chief ,commercialization ,officer established in section #ajja7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7;a771 shall establish a ,clean ,energy ,incubator ,program 7herein referred to as the program7 to competitively award grants to clean energy incubators4 7c7 ,clean energy incubator selection ,in awarding grants to clean energy incubators under subsection 7b71 the ,secretary shall prioritize funding clean energy incubators that-- 7#a7 partner with entities that carry out activities relevant to the activities of such incubator and that operate at the local1 ,state1 and regional levels2 7#b7 support the commercial application activities of startup companies focused on physical hardware1 computational1 or integrated hardware and software technologies2 7#c7 are located in geographically diverse regions of the ,united ,states2 7#d7 are located in1 or partner with entities located in1 economically-distressed areas2 7#e7 support the development of entities focused on expanding clean energy tools and technologies to low-income and frontline communities2 7#f7 support the commercial application of technologies being developed by clean energy entrepreneurs from underrepresented backgrounds2 and 7#g7 have a plan for sustaining activities of the incubator after grant funds received under this program have been expended4 7d7 ,award limits ,the ,secretary shall not award more than #d1jjj1jjj to one or more incubators in one given ,state1 per fiscal year4 7e7 ,duration ,each grant under subsection 7b7 shall be for a period of no longer than #e years1 subject to the availability of appropriations4 7f7 ,use of funds ,an entity receiving a grant under this section may use grant amounts for operating expenses4 7g7 ,renewal ,an award made to a clean energy incubator under this section may be renewed for a period of not more than #c years1 subject to merit review4 7h7 ,evaluation ,in accordance with section #hcjg7;b7 of this ,act1 the ,secretary shall submit #c years after the enactment of this ,act and every #c years thereafter to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate an evaluation of the program established under this section that includes analyses of the performance of the clean energy incubators4 7i7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this section #ae1jjj1jjj for each of fiscal years #bjba through #bjbe4 #hajc4 ,clean energy technology university prize competition 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means a non-profit entity1 an institution of higher education1 or an entity working with one or more institutes of higher education4 7#b7 ,minority-serving institution ,the term minority-serving institution means an institution described in section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a774 7b7 ,in general ,the ,secretary1 acting through the ,chief ,commercialization ,officer established in section #ajja7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7;a771 shall establish a program1 known as the ,clean ,energy ,technology ,university ,prize1 to award funding for eligible entities to carry out regional and one national clean energy technology prize competitions1 under section #bd of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgai74 ,in carrying out such prize competitions1 students shall compete to develop a business model for furthering the commercial application of an innovative clean energy technology4 ,the purpose of this program is to encourage student interest in clean energy technology development and to help students solve challenges in clean energy technology commercial application1 with participation from diverse geographical regions of the ,united ,states4 7c7 ,training funding ,in carrying out this program1 the ,secretary may provide funding to train participating students in skills needed for the successful commercial application of clean energy technologies1 including through virtual training sessions4 7d7 ,prioritization ,in awarding grants under this section1 the ,secretary shall prioritize awarding grants to eligible entities that work with students at minority-serving institutions4 7e7 ,coordination ,in carrying out this program1 the ,secretary shall coordinate and partner with existing clean energy technology prize competitions4 ,in doing so1 the ,secretary may develop and disseminate best practices for administering prize competitions under this section4 7f7 ,report ,in accordance with section #hcjg7;a7 of this ,act1 the ,secretary shall report annually on the progress and implementation of the program established under subsection 7b74 7g7 ,evaluation ,in accordance with section #hcjg7;b7 of this ,act1 the ,secretary shall submit #c years after the enactment of this ,act and every #c years thereafter to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate an evaluation on the long-term outcomes of the program established under this section and the progress towards achieving the purposes of the program in subsection 7b74 7h7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out the activities authorized in this section #a1jjj1jjj for each of fiscal years #bjba through #bjbe4 #hajd4 ,energy ,i-,corps 7a7 ,in general ,the ,secretary of ,energy 7hereinafter in this section referred to as the ,secretary71 acting through the ,chief ,commercialization ,officer established in section #ajja7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7;a771 shall carry out a program to support commercial application education1 training1 professional development1 and mentorship called the ,energy ,innovation ,corps ,program 7hereinafter in this section referred to as ,energy ,i-,corps74 7b7 ,purpose ,the purposes of ,energy ,i-,corps shall be to help participants described in subsection 7c7 develop skills and to accelerate the commercial application of clean energy technologies and other technologies related to the mission of the ,department of ,energy4 7c7 ,participants ,the ,secretary shall carry out this program for participants consisting of-- 7#a7 employees at the ,national ,laboratories2 and 7#b7 researchers1 students1 and clean energy entrepreneurs4 7d7 ,activities ,in carrying out ,energy ,i-,corps1 the ,secretary shall support-- 7#a7 commercial application education1 training1 and mentoring activities1 including workshops1 seminars1 and short courses2 7#b7 engagement with private sector entities to identify future research and development activities2 and 7#c7 any other activities that the ,secretary determines to be relevant4 7e7 ,state and local partnerships ,in carrying out ,energy ,i-,corps1 the ,secretary may engage in partnerships with ,national ,laboratories1 ,state and local governments1 economic development organizations1 and nonprofit organizations to broaden access to ,energy ,i-,corps and support relevant activities under this subsection4 7f7 ,federal coordination ,in carrying out ,energy ,i-,corps1 the ,secretary may coordinate with any other ,federal science agency program that carries out a similar program to support entrepreneurial and commercial application education1 training1 professional development1 and mentorship in order to share best practices4 7g7 ,evaluation ,in accordance with section #hcjg7;b7 of this ,act1 the ,secretary shall submit #c years after the enactment of this ,act and every #c years thereafter to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate an evaluation on the long-term effectiveness of the ,energy ,i-,corps program and the progress towards achieving the purposes of the program in subsection 7a74 7h7 ,authorization of appropriations ,there are authorized to be appropriated to the ,chief ,commercialization ,officer established in section #ajja7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7;a77 to carry out the activities authorized in subsection 7a7-- 7#a7 for participants under subsection 7c77#a7 #c1jjj1jjj for each of fiscal years #bjba through #bjbe2 and 7#b7 for participants under subsection 7c77#b7 #b1jjj1jjj for each of fiscal years #bjba through #bjbe4 #haje4 ,clean energy technology transfer coordination 7a7 ,in general ,the ,secretary1 acting through the ,chief ,commercialization ,officer established in section #ajja7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7;a771 shall support the coordination of relevant technology transfer programs1 including those authorized in sections #haja1 #hajb1 #hajc1 #hajd1 #hbjb1 and #hbjf of this ,act1 that advance the commercial application of clean energy technologies nationally and across all energy sectors4 ,in particular1 the ,secretary may support activities to-- 7#a7 facilitate the sharing of information on best practices for successful operation of clean energy technology transfer programs2 7#b7 coordinate resources and improve cooperation among clean energy technology transfer programs2 7#c7 facilitate connections between entrepreneurs and start-up companies and the variety of programs related to clean energy technology transfer under the ,department2 and 7#d7 facilitate the development of metrics to measure the impact of clean energy technology transfer programs on-- 7,a7 advancing the development1 demonstration1 and commercial application of clean energy technologies2 7,b7 increasing the competitiveness of ,united ,states in the clean energy sector1 including in manufacturing2 and 7,c7 commercial application of clean energy technologies being developed by entrepreneurs from under-represented backgrounds4 7b7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out the activities in this section #c1jjj1jjj for each of fiscal years #bjba through #bjbe4 ,b ,supporting ,technology ,development ,at the ,national ,laboratories #hbja4 ,lab partnering service pilot program 7a7 ,pilot program 7#a7 ,in general ,the ,secretary1 acting through the ,chief ,commercialization ,officer established in section #ajja7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7;a771 shall establish a ,lab ,partnering ,service ,pilot ,program 7hereinafter in this section referred to as the pilot program74 7#b7 ,purposes ,the purposes of the pilot program are to provide services that encourage and support partnerships between the ,national ,laboratories and public and private sector entities1 and to improve communication of research1 development1 demonstration1 and commercial application projects and opportunities at the ,national ,laboratories to potential partners through the development of a website and the provision of services1 in collaboration with relevant external entities4 7#c7 ,activities ,in carrying out this pilot program1 the ,secretary shall-- 7,a7 conduct outreach to and engage with relevant public and private entities2 7,b7 identify and disseminate best practices for strengthening connections between the ,national ,laboratories and public and private sector entities2 and 7,c7 develop a website to disseminate information on-- 7i7 different partnering mechanisms for working with the ,national ,laboratories2 7ii7 ,national ,laboratory experts and research areas2 and 7iii7 ,national ,laboratory facilities and user facilities4 7b7 ,metrics ,the ,secretary shall support the development of metrics1 including conversion metrics1 to determine the effectiveness of the pilot program in achieving the purposes in subsection 7a7 and the number and types of partnerships established between public and private sector entities and the ,national ,laboratories compared to baseline data4 7c7 ,coordination ,in carrying out the activities authorized in this section1 the ,secretary shall coordinate with the ,directors and dedicated technology transfer staff at the ,national ,laboratories1 in particular for matchmaking services for individual projects1 which should be led by the ,national ,laboratories4 7d7 ,funding employee partnering activities ,the ,secretary shall delegate to the ,directors the authority to compensate ,national ,laboratory employees providing services under this section4 7e7 ,duration ,subject to the availability of appropriations1 the pilot program established in this section shall operate for not less than #c years and may be built off an existing program4 7f7 ,evaluation ,not later than #f months after the completion of this pilot program1 the ,secretary shall support the evaluation of the success of the pilot program in achieving the purposes in subsection 7a7 and shall submit the evaluation to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate4 ,the assessment shall include analyses of the performance of the pilot program based on the metrics developed under subsection 7b74 7g7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary #b1jjj1jjj for each of fiscal years #bjba through #bjbc to carry out subsections 7a71 7b71 7c71 7e71 and 7f7 and #a1gjj1jjj for each of fiscal years #bjba through #bjbc for national laboratory employees to provide services under subsection 7d74 #hbjb4 ,lab-embedded entrepreneurship program 7a7 ,in general ,the ,secretary shall competitively award grants to ,national ,laboratories for the purpose of establishing or supporting ,lab-,embedded ,entrepreneurship ,programs4 7b7 ,purposes ,the purposes of such programs are to provide entrepreneurial fellows with access to ,national ,laboratory research facilities1 ,national ,laboratory expertise1 and mentorship to perform research and development and gain expertise that may be required or beneficial for the commercial application of research ideas4 7c7 ,entrepreneurial fellows ,an entrepreneurial fellow participating in a program described in subsection 7a7 shall be provided with-- 7#a7 opportunities for entrepreneurial training1 professional development1 and exposure to leaders from academia1 industry1 government1 and finance who may serve as advisors to or partners of the fellow2 7#b7 financial and technical support for research1 development1 and commercial application activities2 7#c7 fellowship awards to cover costs of living1 health insurance1 and travel stipends for the duration of the fellowship2 and 7#d7 any other resources determined appropriate by the ,secretary4 7d7 ,program activities ,each eligible entity that receives funding under this section shall support entrepreneurial fellows by providing-- 7#a7 access to facilities and expertise within the ,national ,laboratory2 7#b7 engagement with external stakeholders2 and 7#c7 market and customer development opportunities4 7e7 ,administration ,eligible entities that receive grants under this section shall prioritize the support and success of the entrepreneurial fellow with regards to professional development and development of a relevant technology4 7f7 ,partnerships ,in carrying out a ,lab-,embedded ,entrepreneurship ,program1 a ,national ,laboratory may partner with an external entity1 including-- 7#a7 a nonprofit organization2 7#b7 an institution of higher education2 or 7#c7 a federally-owned corporation4 7g7 ,metrics ,the ,secretary shall support the development of short-term and long-term metrics to assess the effectiveness of programs receiving a grant under subsection 7a7 in achieving the purposes of the program in subsection 7b74 7h7 ,evaluation ,in accordance with section #hcjg7;b7 of this ,act1 not later than #c years after the date of the enactment of this ,act1 and every #c years thereafter1 the ,secretary shall submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate an evaluation of the effectiveness of the programs under subsection 7a7 based on the metrics developed pursuant to subsection 7g74 7i7 ,coordination ,the ,secretary shall oversee the planning and coordination of grants under subsection 7a7 and shall identify and disseminate best practices for achieving the purposes of subsection 7b7 to eligible entities that receive grants under this section4 7j7 ,interagency collaboration ,the ,secretary shall collaborate with other executive branch agencies1 including the ,department of ,defense and other agencies with federal laboratories1 regarding opportunities to partner with programs receiving a grant under subsection 7a74 7i7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out the activities authorized in this section #be1jjj1jjj for each of fiscal years #bjba through #bjbe4 #hbjc4 ,small business voucher program ,section #ajjc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcic7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking 1 and may require the ,director of a single-purpose research facility1 and inserting 7as defined in section #b7 and the ,director of each single-purpose research facility2 7,b7 in paragraph 7#a7-- 7i7 by striking increase and inserting encourage2 and 7ii7 by striking collaborative research1 and inserting research1 development1 demonstration1 and commercial application activities1 including product development12 7,c7 in paragraph 7#b71 by striking procurement and collaborative research and inserting procurement and the activities described in paragraph 7#a72 7,d7 in paragraph 7#c7-- 7i7 by inserting facilities1 before training2 and 7ii7 by striking procurement and collaborative research activities and inserting procurement and the activities described in paragraph 7#a72 and 7,e7 in paragraph 7#e71 by striking for the program under subsection 7b7 and inserting and metrics for the programs under subsections 7b7 and 7c72 7#b7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 7#c7 by inserting after subsection 7b7 the following3 7c7 ,small business voucher program 7#a7 ,definitions ,in this subsection3 7,a7 ,director ,the term ,director means-- 7i7 the ,director of each ,national ,laboratory2 and 7ii7 the ,director of each single-purpose research facility4 7,b7 ,national laboratory ,the term ,national ,laboratory has the meaning given the term in section #b4 7,c7 ,program ,the term program means the program established under paragraph 7#b74 7,d7 ,small business concern ,the term small business concern has the meaning given such term in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 7#b7 ,establishment ,the ,secretary1 acting through the ,chief ,commercialization ,officer appointed under section #ajja7;a71 and in consultation with the ,directors1 shall establish a program to provide small business concerns with vouchers under paragraph 7#c7-- 7,a7 to achieve the goal described in subsection 7a77#a72 and 7,b7 to improve the products1 services1 and capabilities of small business concerns in the mission space of the ,department4 7#c7 ,vouchers ,under the program1 the ,directors are authorized to provide to small business concerns vouchers to be used at ,national ,laboratories and single-purpose research facilities for-- 7,a7 research1 development1 demonstration1 technology transfer1 or commercial application activities2 or 7,b7 any other activities that the applicable ,director determines appropriate4 7#d7 ,expedited approval ,the ,secretary1 working with the ,directors1 shall establish a streamlined approval process for financial assistance agreements signed between-- 7,a7 small business concerns selected to receive a voucher under the program2 and 7,b7 the ,national ,laboratories and single-purpose research facilities4 7#e7 ,cost-sharing requirement ,in carrying out the program1 the ,secretary shall require cost-sharing in accordance with section #ihh2 and 7#f7 ,report ,in accordance with section #hcjg7;a7 of the ,clean ,economy ,jobs and ,innovation ,act1 the ,secretary shall report annually on the progress and implementation of the small business voucher program established under this section1 including the number and locations of small businesses that received grants under this program4 2 and 7#d7 in subsection 7e7 7as so redesignated71 by striking for activities under this section and inserting for activities under subsection 7b7 and inserting at the end and for activities under subsection 7c7 #be1jjj1jjj for each of fiscal years #bjba through #bjbe4 #hbjd4 ,entrepreneurial leave program 7a7 ,in general ,the ,secretary shall delegate to ,directors the authority to carry out an entrepreneurial leave program 7referred to in this section as the program7 to allow ,national ,laboratory employees to take a full leave of absence from their position1 with the option to return to that or a comparable position up to #c years later1 or a partial leave of absence1 to advance the commercial application of energy and related technologies relevant to the mission of the ,department4 7b7 ,termination authority ,directors shall retain the authority to terminate ,national ,laboratory employees that participate in the program if such employees are found to violate terms prescribed by the ,national ,laboratory at which such employee is employed4 7c7 ,licensing ,to reduce barriers to participation in the program1 the ,secretary shall delegate to the ,directors the requirement to establish streamlined mechanisms for facilitating the licensing of technology that is the focus of ,national ,laboratory employees who participate in the program4 7d7 ,report ,in accordance with section #hcjg7;a7 of this ,act1 the ,secretary shall report annually on the utilization of this authority at national laboratories1 including the number of employees who participate in this program at each national laboratory and the number of employees who take a permanent leave from their positions at national laboratories as a result of participating in this program4 7e7 ,federal ethics ,nothing in this section shall affect existing federal ethics rules applicable to federal personnel4 #hbje4 ,national laboratory employee outside employment authority 7a7 ,in general ,the ,secretary shall delegate to ,directors of ,national ,laboratories the authority to allow their employees-- 7#a7 to engage in outside employment1 including start-up companies based on licensing technologies developed at ,national ,laboratories and consulting in their areas of expertise1 and receive compensation from such entities2 and 7#b7 to engage in outside activities related to their areas of expertise at the ,national ,laboratory and may allow employees1 in their employment capacity at such outside employment1 to access the ,national ,laboratories under the same contracting mechanisms as non-laboratory employees and entities1 in accordance with appropriate conflict of interest protocols4 7b7 ,requirements ,if a ,director elects to use the authority granted by subsection 7a7 of this section1 the ,director1 or their designee1 shall-- 7#a7 require employees to disclose to and obtain approval from the ,director or their designee prior to engaging in any outside employment2 7#b7 develop and require appropriate conflict of interest protocols for employees that engage in outside employment2 and 7#c7 maintain the authority to terminate employees engaging in outside employment if they are found to violate terms1 including conflict of interest protocols1 mandated by the ,director4 7c7 ,additional restrictions ,employees engaging in outside employment may not-- 7#a7 sacrifice1 hamper1 or impede their duties at the ,national ,laboratory2 7#b7 engage in activities related to outside employment using ,national ,laboratory government equipment1 property1 or resources1 unless such activities are performed under ,national ,laboratory contracting mechanisms1 such as ,cooperative ,research and ,development ,agreement or ,strategic ,partnership ,projects1 whereby all conflicts of interest requirements apply2 or 7#c7 use their position at a ,national ,laboratory to provide an unfair competitive advantage to an outside employer or start-up activity4 7d7 ,federal ethics ,nothing in this section shall affect existing federal ethics rules applicable to federal personnel4 #hbjf4 ,technology commercialization fund ,section #ajja7;e7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7;e77 is amended to read as follows3 7e7 ,technology commercialization fund 7#a7 ,establishment ,the ,secretary1 acting through the ,chief ,commercialization ,officer established in section #ajja7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7;a771 shall establish a ,technology ,commercialization ,fund 7hereafter referred to as the ,fund71 using nine-tenths of one percent of the amount of appropriations made available to the ,department for applied energy research1 development1 demonstration1 and commercial application for each fiscal year1 to be used to provide1 in accordance with the cost-sharing requirements under section #ihh1 funds to national laboratories to promote promising energy technologies for commercial purposes with private partners4 7#b7 ,applications 7,a7 ,considerations ,the ,secretary shall develop criteria for evaluating applications for funding under this section1 which may include-- 7i7 the potential that a proposed technology will result in a commercially successful product within a reasonable timeframe2 and 7ii7 the relative maturity of a proposed technology for commercial application4 7,b7 ,selections ,in awarding funds under this section1 the ,secretary may give special consideration to applications that involve at least one applicant that has participated in an entrepreneurial or commercialization training program1 such as ,energy ,innovation ,corps4 7#c7 ,annual report ,the ,secretary shall include in the annual report required under subsection 7h77#b7-- 7,a7 description of the projects carried out with awards from the ,fund for that fiscal year2 7,b7 each project's cost-share for that fiscal year2 7,c7 each project's partners for that fiscal year4 7#d7 ,evaluation ,in accordance with section #hcjg7;b7 of the ,clean ,economy ,jobs and ,innovation ,act1 the ,secretary shall submit #c years after the enactment of that ,act and every #c years thereafter to the ,committee on ,science1 ,space1 and ,technology ,committee of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate an evaluation on the long-term commercial success of projects that received awards from the ,fund4 7#e7 ,technology commercialization fund report 7,a7 ,in general ,not later than #a year after the date of enactment of the ,energizing ,technology ,transfer ,act1 the ,secretary shall submit to the ,committee on ,science1 ,space1 and ,technology and ,committee on ,appropriations of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources and ,committee on ,appropriations of the ,senate a report on the current and recommended implementation of the ,fund4 7,b7 ,contents ,the report under subparagraph 7,a7 shall include-- 7i7 a summary1 with supporting data1 of how much ,department program offices contribute to and use the ,fund each year1 including a list of current funding restrictions2 7ii7 recommendations on how to improve implementation and administration of the ,fund2 and 7iii7 an analysis on how to spend funds optimally on technology areas that have the greatest need and opportunity for commercial application1 rather than spending funds at the programmatic level or under current funding restrictions4 4 #hbjg4 ,signature authority 7a7 ,in general ,subject to subsections 7b7 and 7c71 the ,secretary shall delegate to ,directors of the ,national ,laboratories signature authority with respect to any agreement described in subsection 7b7 the total cost of which1 including the ,national ,laboratory contributions and project recipient cost share1 is less than #a1jjj1jjj1 if such an agreement falls within the scope of-- 7#a7 the strategic plan for the ,national ,laboratory or a master scope of work that has been approved by the ,department2 or 7#b7 the most recent budget approved by ,congress for ,department activities to be carried out by the ,national ,laboratory4 7b7 ,agreements ,subsection 7a7 applies to-- 7#a7 a cooperative research and development agreement2 7#b7 a strategic partnership project2 7#c7 prize competitions2 7#d7 an agreement for commercializing technology2 or 7#e7 any other agreement determined to be appropriate by the ,secretary1 in collaboration with the ,directors4 7c7 ,administration 7#a7 ,accountability ,the ,director of the affected ,national ,laboratory and the affected contractor shall carry out an agreement under this section in accordance with applicable policies of the ,department1 including by ensuring that the agreement does not compromise any national security1 economic1 or environmental interest of the ,united ,states4 7#b7 ,certification ,the ,director of the affected ,national ,laboratory and the affected contractor shall certify that each activity carried out under a project for which an agreement is entered into under this section does not present1 or minimizes1 any apparent conflict of interest1 and avoids or neutralizes any actual conflict of interest1 as a result of the agreement under this section4 7#c7 ,availability of records ,not later than #cj days after the date on which a ,director enters an agreement under this section1 such ,director shall submit to the ,secretary for monitoring and review all records of the ,national ,laboratory relating to the agreement4 7d7 ,approval ,upon granting the signature authority under subsection 7a71 the ,secretary may not require any additional reviews or approvals of draft agreements1 statements of work1 or other documents for agreements that meet the criteria under subsection 7a74 7e7 ,exception ,this section does not apply to any agreement with a foreign-controlled entity or entity under the majority control of any foreign entity4 7f7 ,report ,in accordance with section #hcjg7;a7 of this ,act1 the ,secretary shall submit annually information on the number and types of agreements signed using the authorities granted under this section4 7g7 ,evaluation ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,science1 ,space1 and ,technology ,committee of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate an evaluation of the efficacy of reducing administrative burden for agreements signed using the authorities granted under this section4 7h7 ,conforming amendment ,section #ab of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgaj;a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and indenting the subparagraphs appropriately2 7,b7 by striking ,each ,federal agency and inserting the following3 7#a7 ,in general ,except as provided in paragraph 7#b71 each ,federal agency 2 and 7,c7 by adding at the end the following3 7#b7 ,exception ,notwithstanding paragraph 7#a71 in accordance with section #hbjg of the ,clean ,economy ,jobs and ,innovation ,act1 approval by the ,secretary of ,energy shall not be required for any agreement proposed to be entered into by a ,national ,laboratory of the ,department of ,energy1 the total cost of which1 including the ,national ,laboratory contributions and project recipient cost share1 is less than #a1jjj1jjj4 2 and 7#b7 in subsection 7b71 by striking subsection 7a77#a7 each place it appears and inserting subsection 7a77#a77;,a74 ,c ,department of ,energy ,modernization #hcja4 ,technology ,transfer ,program 7a7 ,chief ,commercialization ,officer ,section #ajja of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,chief ,commercialization ,officer ,the ,secretary shall appoint a ,chief ,commercialization ,officer to be the principal advisor to the ,secretary on all matters relating to technology transfer and commercialization1 and who shall report directly to1 and be appointed by1 the ,secretary4 2 and 7#b7 in subsections 7b7 and 7c71 by striking ,coordinator each place it appears and inserting ,chief ,commercialization ,officer4 7b7 ,office of ,technology ,transitions ,title ,x of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia et4 seq47 is amended by adding at the end the following3 #ajab4 ,technology ,transfer ,program 7a7 ,office of ,technology ,transitions ,there is established within the ,department an ,office of ,technology ,transitions 7referred to in this section as the #8,office'71 which shall be headed by the ,chief ,commercialization ,officer appointed under section #ajja7;a74 7b7 ,mission ,the mission of the ,office shall be-- 7#a7 to expand the commercial impact of the research investments of the ,department2 and 7#b7 to advance the commercial application of technologies that reduce energy use1 reduce greenhouse gas emissions and other pollutants1 improve energy efficiency1 mitigate other negative environmental consequences1 or support other missions of the ,department4 7c7 ,goals 7#a7 ,in general ,in carrying out the mission and activities of the ,office1 the ,chief ,commercialization ,officer shall1 with respect to commercial application activities1 meet all of the goals described in paragraph 7#b74 7#b7 ,goals described ,the goals referred to in paragraph 7#a7 are the following3 7,a7 ,reduction of greenhouse gas emissions or other pollutants4 7,b7 ,improvement of energy efficiency4 7,c7 ,improvement of economic competitiveness4 7,d7 ,enhancement of domestic energy security and national security4 7,e7 ,enhancement of the domestic workforce relevant to energy and other sectors relevant to the mission of the ,department4 7d7 ,hiring and management ,to carry out the activities authorized in this section1 the ,under ,secretary for ,science may appoint personnel using the authorities in section #hcjf of the ,clean ,economy ,jobs and ,innovation ,act4 7e7 ,collaboration ,in carrying out the mission and activities of the ,office of ,technology ,transitions1 the ,chief ,commercialization ,officer shall coordinate with the senior leadership of the ,department1 other relevant offices of the ,department1 the ,directors1 the ,national ,laboratories1 the ,technology ,transfer ,working ,group established under section #ajja7;d71 the ,technology ,transfer ,policy ,board1 and other stakeholders1 including private industry4 7f7 ,report ,in accordance with section #hcjg7;a7 of the ,clean ,economy ,jobs and ,innovation ,act1 the ,secretary shall report annually on the activities carried out by the ,office of ,technology ,transitions pertaining to the mission of the program in subsection 7b7 and the goals in subsection 7c74 7g7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out the activities authorized in this section #bj1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 #hcjb4 ,management of demonstration projects 7a7 ,management of department of energy demonstration projects ,the ,secretary shall establish a program to conduct project management and oversight of demonstration projects that receive more than #ej1jjj1jjj in funding from the ,department1 in coordination with relevant staff from ,department program offices4 ,the purposes of this program are to-- 7#a7 conduct evaluation of demonstration project proposals prior to selection of a project for funding2 7#b7 conduct independent oversight of the execution of a demonstration project once funding has been awarded for such project2 and 7#c7 ensure a balanced portfolio of investments in clean energy technology demonstration projects4 7b7 ,demonstration project management employees 7#a7 ,authority ,in carrying out the program under subsection 7a71 the ,under ,secretary for ,science shall appoint at least #b full time employees to achieve the purposes of the program outlined in subsection 7a7 in coordination with relevant staff at ,department program offices4 7#b7 ,hiring authority ,to carry out the program authorized in this section1 the ,under ,secretary for ,science may hire personnel using the authorities in section #hcjf of this ,act4 7c7 ,duties ,in carrying out the program in subsection 7a71 employees under this section shall work with relevant staff from ,department program offices to-- 7#a7 evaluate demonstration project proposals1 including the scope1 technical specifications1 maturity of design1 funding profile1 estimated costs1 proposed schedule1 proposed technical and financial milestones1 and potential for commercial success based on economic and policy projections2 7#b7 develop independent cost estimates of demonstration project proposals1 when appropriate2 7#c7 recommend to the director of a program office whether to fund a demonstration project proposal2 7#d7 oversee the execution of the demonstration projects that receive funding from the ,department under this section and conduct reviews of ongoing projects1 which may include reconciling estimated costs as compared to actual costs and evaluating progress of the project based on the proposed schedule and technical and financial milestones1 and provide such reviews to the ,secretary2 and 7#e7 assess lessons learned and implement improvements to evaluate and oversee demonstration projects carried out under this section4 7d7 ,project termination ,should an ongoing demonstration project receive an unfavorable review under subsection 7c77#d71 the director of a ,department program office or their designee may cease funding the demonstration project and reallocate the remaining funds to new or existing demonstration projects carried out by that program office4 7e7 ,coordination ,in establishing and carrying out the program1 the ,secretary shall coordinate with project management and acquisition management entities within the ,department1 including the ,office of ,project ,management1 and relevant professional organizations in project management1 construction1 cost estimation1 and other relevant fields4 7f7 ,reporting ,in accordance with section #hcjg7;a71 the ,secretary shall report annually on the utilization of the authority granted under this section1 including a summary of-- 7#a7 any demonstration projects currently being carried out under this section2 and 7#b7 a summary of the reviews under subsection 7c77#d7 of any ongoing demonstration projects carried out under this section4 7g7 ,evaluation by comptroller general ,not later than #c years after the date of the enactment of this ,act the ,comptroller ,general shall submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate an evaluation on the operation of the program established under this section1 including-- 7#a7 the processes and procedures used to evaluate demonstration project proposals and oversee demonstration projects that receive funding under this section2 7#b7 any recommended changes to the program1 including the structure and the processes and procedures used to evaluate and oversee demonstration projects that receive funding under this section2 and 7#c7 any recommended changes to the structure of this program to improve the success in meeting the program purposes under subsection 7a74 #hcjc4 ,streamlining prize competitions ,section #ajjh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcif7 is amended by inserting after subsection 7d7 the following 7and redesignating subsections 7e7 and 7f7 as subsections 7g7 and 7h71 respectively73 7e7 ,coordination ,in carrying out subsection 7a71 and for any prize competitions under section #aje of the ,america ,creating ,opportunities to ,meaningfully ,promote ,excellence in ,technology1 ,education1 and ,science ,reauthorization ,act of #bjaj1 the ,secretary shall-- 7#a7 designate at least one full time employee to serve as a ,department-wide point of contact on prize competitions2 7#b7 issue ,department-wide guidance on the design1 development1 and implementation of prize competitions2 7#c7 collect and disseminate best practices on the design and administration of prize competitions2 7#d7 streamline contracting mechanisms for the implementation of prize competitions2 and 7#e7 provide training and prize competition design support1 as necessary1 to ,department staff to develop prize competitions and challenges4 7f7 ,report ,in accordance with section #hcjg7;a7 of the ,clean ,economy ,jobs and ,innovation ,act1 the ,secretary shall report annually on a description of any prize competitions carried out using this authority1 the total amount of prizes awarded along with any private sector contributions1 the methods used for solicitation and evaluation1 and a description of how each prize competition advanced the mission of the ,department4 4 #hcjd4 ,milestone-based demonstration projects 7a7 ,in general ,acting under section #fdf7;g7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gbef7;g771 notwithstanding paragraph 7#aj7 of such section1 the ,secretary may carry out demonstration projects as a milestone-based demonstration project that requires particular technical and financial milestones to be met before a participant is awarded grants by the ,department through a competitive award process4 7b7 ,requirements ,in carrying out milestone-based demonstration projects under the authority in subsection 7a71 the ,secretary shall1 for each relevant project-- 7#a7 request proposals from eligible entities1 as determined by the ,secretary1 including-- 7,a7 a business plan1 that may include a plan for scalable manufacturing and a plan for addressing supply chain gaps2 7,b7 a plan for raising private sector investment2 and 7,c7 proposed technical and financial milestones1 including estimated project timelines and total costs2 7#b7 award funding of a predetermined amount to projects that successfully meet proposed milestones under paragraph 7#a77;,c7 or for expenses deemed reimbursable by the ,secretary1 in accordance with terms negotiated for an individual award2 7#c7 require cost-sharing in accordance with section #ihh of the ,energy ,policy ,act of #bjje2 and 7#d7 communicate regularly with selected eligible entities and1 if the ,secretary deems appropriate1 exercise small amounts of flexibility for technical and financial milestones as projects mature4 7c7 ,awards ,for the program established under subsection 7a7-- 7#a7 an award recipient shall be responsible for all costs until milestones are achieved1 or reimbursable expenses are reviewed and verified by the ,department2 and 7#b7 should an awardee not meet the milestones described in subsection 7a71 the ,secretary or their designee may end the partnership with an award recipient and use the remaining funds in the ended agreement for new or existing projects carried out under this section4 7d7 ,project management ,in carrying out projects under this program and assessing the completion of their milestones in accordance with subsection 7b71 the ,secretary shall consult with experts that represent diverse perspectives and professional experiences1 including those from the private sector1 to ensure a complete and thorough review4 7e7 ,report ,in accordance with section #hcjg7;a71 the ,secretary shall report annually on any demonstration projects carried out using the authorities under this section4 #hcje4 ,cost-share waiver extension 7a7 ,section #ihh of the ,energy ,policy ,act of #bjje is amended in subsection 7b77#d77;,b7 by striking this paragraph and inserting the ,energizing ,technology ,transfer ,act4 7b7 ,section #ajh of the ,department of ,energy ,research and ,innovation ,act is amended in subparagraph 7b7 by striking this ,act everywhere it appears and replacing with title ,,viii of the ,clean ,economy ,jobs and ,innovation ,act4 #hcjf4 ,special hiring authority for scientific1 engineering1 and project management personnel 7a7 ,in general ,the ,under ,secretary for ,science shall have the authority to-- 7#a7 make appointments of scientific1 engineering1 and professional personnel1 without regard to civil service laws1 to assist the ,department in meeting specific project or research needs2 7#b7 fix the basic pay of any employee appointed under this section at a rate to be determined by the ,under ,secretary at rates not in excess of the ,executive ,schedule 7,,ex-,,ii7 without regard to the civil service laws2 and 7#c7 pay any employee appointed under this section payments in addition to basic pay1 except that the total amount of additional payments paid to an employee under this subsection for any #ab-month period shall not exceed the lesser of the following amounts3 7,a7 #be1jjj4 7,b7 ,the amount equal to #be percent of the annual rate of basic pay of that employee4 7,c7 ,the amount of the limitation that is applicable for a calendar year under section #ecjg7;a77#a7 of title #e1 ,united ,states ,code4 7b7 ,term 7#a7 ,in general ,the term of any employee appointed under this section shall not exceed #c years unless otherwise authorized in law4 7#b7 ,termination ,the ,under ,secretary for ,science shall have the authority to terminate any employee appointed under this section at any time based on performance or changing project or research needs of the ,department4 #hcjg4 ,technology transfer reports and evaluation 7a7 ,annual report ,as part of the updated technology transfer execution plan required each year under section #ajja7;h77#b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7;g77#b771 the ,secretary shall submit to the ,committee on ,science1 ,space1 and ,technology ,committee of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report on the progress and implementation of programs established under sections #hajc1 #hbjc1 #hbjd1 #hbje1 #hbjg1 #hcja1 #hcjb1 #hcjc1 and #hcjd of this ,act and section #ajja7;e7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7;e774 7b7 ,evaluation ,not later than #c years after the enactment of this ,act and every #c years thereafter the ,secretary shall submit to the ,committee on ,science1 ,space1 and ,technology ,committee of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate an evaluation on the extent to which programs established under sections #hajb1 #hajc1 #hajd1 and #hbjb of this ,act and section #ajja7;e7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7;e77 are achieving success based on relevant short-term and long-term metrics4 7c7 ,report on technology transfer gaps ,not later than #c years after the enactment of this ,act1 the ,secretary shall enter into an agreement with the ,national ,academies of ,science1 ,engineering and ,medicine to submit to the ,committee on ,science1 ,space1 and ,technology ,committee of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report on programmatic gaps that exist to advance the commercial application of technologies developed at the ,national ,laboratories4 #hcjh4 ,other transaction authority extension ,subsection #fdf7;g77#aj7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gbef7;g77#aj77 is amended by striking ,september #cj1 #bjbj and inserting ,september #cj1 #bjbe4 ,d ,increasing and ,mobilizing ,partnerships to ,achieve ,commercialization of ,technologies for ,energy #hdja4 ,short title ,this subtitle may be cited as the ,increasing and ,mobilizing ,partnerships to ,achieve ,commercialization of ,technologies for ,energy ,act or the ,,impact for ,energy ,act4 #hdjb4 ,definitions ,in this subtitle3 7#a7 ,board ,the term ,board means the ,board of ,directors described in section #hdjc7;b77#a74 7#b7 ,department ,the term ,department means the ,department of ,energy4 7#c7 ,executive ,director ,the term ,executive ,director means the ,executive ,director described in section #hdjc7;e77#a74 7#d7 ,foundation ,the term ,foundation means the ,energy ,technology ,commercialization ,foundation established under section #hdjc7;a74 7#e7 ,national ,laboratory ,the term ,national ,laboratory has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 #hdjc4 ,energy ,technology ,commercialization ,foundation 7a7 ,establishment 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a nonprofit corporation to be known as the ,energy ,technology ,commercialization ,foundation4 7#b7 ,mission ,the mission of the ,foundation shall be-- 7,a7 to support the mission of the ,department2 and 7,b7 to advance collaboration with energy researchers1 institutions of higher education1 industry1 and nonprofit and philanthropic organizations to accelerate the commercialization of energy technologies4 7#c7 ,limitation ,the ,foundation shall not be an agency or instrumentality of the ,federal ,government4 7#d7 ,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 #eja7;c7 of the ,internal ,revenue ,code of #aihf1 and exempt from taxation under section #eja7;a7 of such ,code4 7#e7 ,collaboration with existing organizations ,the ,secretary may collaborate with #a or more organizations to establish the ,foundation and carry out the activities of the ,foundation4 7b7 ,board of ,directors 7#a7 ,establishment ,the ,foundation shall be governed by a ,board of ,directors4 7#b7 ,composition 7,a7 ,in general ,the ,board shall be composed of the members described in subparagraph 7,b74 7,b7 ,board members 7i7 ,initial members ,the ,secretary shall-- 7,i7 enter into a contract with the ,national ,academies of ,sciences1 ,engineering1 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 7ii7 and 7iii72 and 7,,ii7 appoint the initial members of the ,board1 in consultation with the ,national ,academies of ,sciences1 ,engineering1 and ,medicine1 with the requirements of clauses 7ii7 and 7iii74 7ii7 ,representation ,the members of the ,board shall reflect a broad cross-section of stakeholders from academia1 industry1 nonprofit organizations1 ,state or local governments1 the investment community1 the philanthropic community1 and management and operating contractors of the ,national ,laboratories4 7iii7 ,experience ,the ,secretary shall ensure that a majority of the members of the ,board-- 7,i7 7aa7 has experience in the energy sector2 7bb7 has research experience in the energy field2 or 7cc7 has experience in technology commercialization or foundation operations2 and 7,,ii7 to the extent practicable1 represents diverse regions and energy sectors4 7#c7 ,chair and ,vice ,chair 7,a7 ,in general ,the ,board shall designate from among the members of the ,board-- 7i7 an individual to serve as ,chair of the ,board2 and 7ii7 an individual to serve as ,vice ,chair of the ,board4 7,b7 ,terms ,the term of service of the ,chair and ,vice ,chair of the ,board shall end on the earlier of-- 7i7 the date that is #c years after the date on which the ,chair or ,vice ,chair of the ,board1 as applicable1 is designated for the position2 and 7ii7 the last day of the term of service of the member1 as determined under paragraph 7#d77;,a71 who is designated to be ,chair or ,vice ,chair of the ,board1 as applicable4 7,c7 ,representation ,the ,chair and ,vice ,chair of the ,board-- 7i7 shall not be representatives of the same area or entity1 as applicable1 under paragraph 7#b77;,b77ii72 and 7ii7 shall not be representatives of any area or entity1 as applicable1 represented by the immediately preceding ,chair and ,vice ,chair of the ,board4 7#d7 ,terms and vacancies 7,a7 ,terms 7i7 ,in general ,except as provided in clause 7ii71 the term of service of each member of the ,board shall be #e years4 7ii7 ,initial members ,of the initial members of the ,board appointed under paragraph 7#b77;,b77i71 half of the members shall serve for #d years and half of the members shall serve for #e years1 as determined by the ,chair of the ,board4 7,b7 ,vacancies ,any vacancy in the membership of the ,board-- 7i7 shall be filled in accordance with the bylaws of the ,foundation by an individual capable of representing the same area or entity1 as applicable1 as represented by the vacating board member under paragraph 7#b77;,b77ii72 7ii7 shall not affect the power of the remaining members to execute the duties of the ,board2 and 7iii7 shall be filled by an individual selected by the ,board4 7#e7 ,meetings2 quorum 7,a7 ,initial meeting ,not later than #fj days after the ,board is established1 the ,secretary shall convene a meeting of the members of the ,board to incorporate the ,foundation4 7,b7 ,quorum ,a majority of the members of the ,board shall constitute a quorum for purposes of conducting the business of the ,board4 7#f7 ,duties ,the ,board shall-- 7,a7 establish bylaws for the ,foundation in accordance with paragraph 7#g72 7,b7 provide overall direction for the activities of the ,foundation and establish priority activities2 7,c7 carry out any other necessary activities of the ,foundation2 7,d7 evaluate the performance of the ,executive ,director2 and 7,e7 actively solicit and accept funds1 gifts1 grants1 devises1 or bequests of real or personal property to the ,foundation1 including from private entities4 7#g7 ,bylaws 7,a7 ,in general ,the bylaws established under paragraph 7#f77;,a7 may include-- 7i7 policies for the selection of ,board members1 officers1 employees1 agents1 and contractors of the ,foundation2 7ii7 policies1 including ethical standards1 for-- 7,i7 the acceptance1 solicitation1 and disposition of donations and grants to the ,foundation1 including appropriate limits on the ability of donors to designate1 by stipulation or restriction1 the use or recipient of donated funds2 and 7,,ii7 the disposition of assets of the ,foundation2 7iii7 policies that subject all employees1 fellows1 trainees1 and other agents of the ,foundation 7including members of the ,board7 to conflict of interest standards2 and 7iv7 the specific duties of the ,executive ,director4 7,b7 ,requirements ,the ,board shall ensure that the bylaws of the ,foundation and the activities carried out under those bylaws shall not-- 7i7 reflect unfavorably on the ability of the ,foundation to carry out activities in a fair and objective manner2 or 7ii7 compromise1 or appear to compromise1 the integrity of any governmental agency or program1 or any officer or employee employed by1 or involved in1 a governmental agency or program4 7#h7 ,compensation 7,a7 ,in general ,no member of the ,board shall receive compensation for serving on the ,board4 7,b7 ,certain expenses ,in accordance with the bylaws of the ,foundation1 members of the ,board may be reimbursed for travel expenses1 including per diem in lieu of subsistence1 and other necessary expenses incurred in carrying out the duties of the ,board4 7c7 ,purpose ,the purpose of the ,foundation is to increase private and philanthropic sector investments that support efforts to create1 develop1 and commercialize innovative technologies that address crosscutting national energy challenges by methods that include-- 7#a7 fostering collaboration and partnerships with researchers from the ,federal ,government1 ,state governments1 institutions of higher education1 federally funded research and development centers1 industry1 and nonprofit organizations for the research1 development1 or commercialization of transformative energy and associated technologies2 7#b7 7,a7 strengthening regional economic development through scientific and energy innovation2 and 7,b7 disseminating lessons learned from that development to foster the creation and growth of new regional energy innovation clusters2 7#c7 promoting new product development that supports job creation2 7#d7 administering prize competitions to accelerate private sector competition and investment2 and 7#e7 supporting programs that advance technologies from the prototype stage to a commercial stage4 7d7 ,activities 7#a7 ,studies1 competitions1 and projects ,the ,foundation may conduct and support studies1 competitions1 projects1 and other activities that further the purpose of the ,foundation described in subsection 7c74 7#b7 ,fellowships and grants 7,a7 ,in general ,the ,foundation may award fellowships and grants for activities relating to research1 development1 demonstration1 maturation1 or commercialization of energy and other ,department-supported technologies4 7,b7 ,form of award ,a fellowship or grant under subparagraph 7,a7 may consist of a stipend1 health insurance benefits1 funds for travel1 and funds for other appropriate expenses4 7,c7 ,selection ,in selecting a recipient for a fellowship or grant under subparagraph 7,a71 the ,foundation-- 7i7 shall make the selection based on the technical and commercialization merits of the proposed project of the potential recipient2 and 7ii7 may consult with a potential recipient regarding the ability of the potential recipient to carry out various projects that would further the purpose of the ,foundation described in subsection 7c74 7,d7 ,national ,laboratories ,a ,national ,laboratory that applies for or accepts a grant under subparagraph 7,a7 shall not be considered to be engaging in a competitive process4 7#c7 ,accessing facilities and expertise ,the ,foundation may work with the ,department-- 7,a7 to leverage the capabilities and facilities of ,national ,laboratories to commercialize technology2 and 7,b7 to assist with resources1 including through the development of internet websites that provide information on the capabilities and facilities of each ,national ,laboratory relating to the commercialization of technology4 7#d7 ,training and education ,the ,foundation may support programs that provide commercialization training to researchers1 scientists1 and other relevant personnel at ,national ,laboratories and institutions of higher education to help commercialize federally funded technology4 7#e7 ,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 stage4 7#f7 ,stakeholder engagement ,the ,foundation shall convene1 and may consult with1 representatives from the ,department1 institutions of higher education1 ,national ,laboratories1 the private sector1 and commercialization organizations to develop programs for the purpose of the ,foundation described in subsection 7c7 and to advance the activities of the ,foundation4 7#g7 ,individual laboratory foundations program 7,a7 ,definition of ,individual ,laboratory ,foundation ,in this paragraph1 the term ,individual ,laboratory ,foundation means a ,laboratory ,foundation established by a ,national ,laboratory4 7,b7 ,support ,the ,foundation shall provide support to and collaborate with ,individual ,laboratory ,foundations4 7,c7 ,guidelines and templates ,for the purpose of providing support under subparagraph 7,b71 the ,secretary shall establish suggested guidelines and templates for ,individual ,laboratory ,foundations1 including-- 7i7 a standard adaptable organizational design for the responsible management of an ,individual ,laboratory ,foundation2 7ii7 standard and legally tenable bylaws and money-handling procedures for ,individual ,laboratory ,foundations2 and 7iii7 a standard training curriculum to orient and expand the operating expertise of personnel employed by an ,individual ,laboratory ,foundation4 7,d7 ,affiliations ,nothing in this paragraph requires-- 7i7 an existing ,individual ,laboratory ,foundation to modify current practices or affiliate with the ,foundation2 or 7ii7 an ,individual ,laboratory ,foundation to be bound by charter or corporate bylaws as permanently affiliated with the ,foundation4 7#h7 ,supplemental programs ,the ,foundation may carry out supplemental programs-- 7,a7 to conduct and support forums1 meetings1 conferences1 courses1 and training workshops consistent with the purpose of the ,foundation described in subsection 7c72 7,b7 to support and encourage the understanding and development of-- 7i7 data that promotes the translation of technologies from the research stage1 through the development and maturation stage1 and ending in the market stage2 and 7ii7 policies that make regulation more effective and efficient by leveraging the technology translation data described in clause 7i7 for the regulation of relevant technology sectors2 7,c7 for writing1 editing1 printing1 publishing1 and vending books and other materials relating to research carried out under the ,foundation and the ,department2 and 7,d7 to conduct other activities to carry out and support the purpose of the ,foundation described in subsection 7c74 7#i7 ,evaluations ,the ,foundation shall support the development of an evaluation methodology1 to be used as part of any program supported by the ,foundation1 that shall-- 7,a7 consist of qualitative and quantitative metrics2 and 7,b7 include periodic third party evaluation of those programs and other activities of the ,foundation4 7#aj7 ,communications ,the ,foundation shall develop an expertise in communications to promote the work of grant and fellowship recipients under paragraph 7#b71 the commercialization successes of the ,foundation1 opportunities for partnership with the ,foundation1 and other activities4 7e7 ,administration 7#a7 ,executive director ,the ,board shall hire an ,executive ,director of the ,foundation1 who shall serve at the pleasure of the ,board4 7#b7 ,administrative control ,no member of the ,board1 officer or employee of the ,foundation or of any program established by the ,foundation1 or participant in a program established by the ,foundation1 shall exercise administrative control over any ,federal employee4 7#c7 ,strategic plan ,not later than #a year after the date of enactment of this ,act1 the ,foundation shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a strategic plan that contains-- 7,a7 a plan for the ,foundation to become financially self-sustaining in fiscal year #bjbb and thereafter 7except for the amounts provided each fiscal year under subsection 7l77#a77;,c772 7,b7 a forecast of major crosscutting energy challenge opportunities1 including short- and long-term objectives1 identified by the ,board1 with input from communities representing the entities and areas1 as applicable1 described in subsection 7b77#b77;,b77ii72 7,c7 a description of the efforts that the ,foundation will take to be transparent in the processes of the ,foundation1 including processes relating to-- 7i7 grant awards1 including selection1 review1 and notification2 7ii7 communication of past1 current1 and future research priorities2 and 7iii7 solicitation of and response to public input on the opportunities identified under subparagraph 7,b72 and 7,d7 a description of the financial goals and benchmarks of the ,foundation for the following #aj years4 7#d7 ,annual report ,not later than #a year after the date on which the ,foundation is established1 and every #b years thereafter1 the ,foundation shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate1 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives1 and the ,secretary a report that1 for the year covered by the report-- 7,a7 describes the activities of the ,foundation and the progress of the ,foundation in furthering the purpose of the ,foundation described in subsection 7c72 7,b7 provides a specific accounting of the source and use of all funds made available to the ,foundation to carry out those activities2 7,c7 describes how the results of the activities of the ,foundation could be incorporated into the procurement processes of the ,general ,services ,administration2 and 7,d7 includes a summary of each evaluation conducted using the evaluation methodology described in subsection 7d77#i74 7#e7 ,evaluation by ,comptroller ,general ,not later than #e years after the date on which the ,foundation is established1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives-- 7,a7 an evaluation of-- 7i7 the extent to which the ,foundation is achieving the mission of the ,foundation2 and 7ii7 the operation of the ,foundation2 and 7,b7 any recommendations on how the ,foundation may be improved4 7#f7 ,audits ,the ,foundation shall-- 7,a7 provide for annual audits of the financial condition of the ,foundation2 and 7,b7 make the audits1 and all other records1 documents1 and papers of the ,foundation1 available to the ,secretary and the ,comptroller ,general of the ,united ,states for examination or audit4 7#g7 ,separate fund accounts ,the ,board shall ensure that any funds received under subsection 7l77#a7 are held in a separate account from any other funds received by the ,foundation4 7#h7 ,integrity 7,a7 ,in general ,to ensure integrity in the operations of the ,foundation1 the ,board shall develop and enforce procedures relating to standards of conduct1 financial disclosure statements1 conflicts of interest 7including recusal and waiver rules71 audits1 and any other matters determined appropriate by the ,board4 7,b7 ,financial conflicts of interest ,any individual who is an officer1 employee1 or member of the ,board is prohibited from any participation in deliberations by the ,foundation of a matter that would directly or predictably affect any financial interest of-- 7i7 the individual2 7ii7 a relative 7as defined in section #aji of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app477 of that individual2 or 7iii7 a business organization or other entity in which the individual has an interest1 including an organization or other entity with which the individual is negotiating employment4 7#i7 ,intellectual property ,the ,board shall adopt written standards to govern the ownership and licensing of any intellectual property rights developed by the ,foundation or derived from the collaborative efforts of the ,foundation4 7#aj7 ,liability ,the ,united ,states shall not be liable for any debts1 defaults1 acts1 or omissions of the ,foundation nor shall the full faith and credit of the ,united ,states extend to any obligations of the ,foundation4 7#aa7 ,nonapplicability of ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,foundation4 7f7 ,department collaboration 7#a7 ,national ,laboratories ,the ,secretary shall collaborate with the ,foundation to develop a process to ensure collaboration and coordination between the ,department1 the ,foundation1 and ,national ,laboratories-- 7,a7 to streamline contracting processes between ,national ,laboratories and the ,foundation1 including by-- 7i7 streamlining the ability of the ,foundation to transfer equipment and funds to ,national ,laboratories2 7ii7 standardizing contract mechanisms to be used by the ,foundation2 and 7iii7 streamlining the ability of the ,foundation to fund endowed positions at ,national ,laboratories2 7,b7 to allow a ,national ,laboratory or site of a ,national ,laboratory-- 7i7 to accept and perform work for the ,foundation1 consistent with provided resources1 notwithstanding any other provision of law governing the administration1 mission1 use1 or operations of the ,national ,laboratory or site1 as applicable2 and 7ii7 to perform that work on a basis equal to other missions at the ,national ,laboratory2 and 7,c7 to permit the director of any ,national ,laboratory or site of a ,national ,laboratory to enter into a cooperative research and development agreement or negotiate a licensing agreement with the ,foundation pursuant to section #ab of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgaj;a74 7#b7 ,department liaisons ,the ,secretary shall appoint liaisons from across the ,department to collaborate and coordinate with the ,foundation4 7#c7 ,administration ,the ,secretary shall leverage appropriate arrangements1 contracts1 and directives to carry out the process developed under paragraph 7#a74 7g7 ,national security ,nothing in this section exempts the ,foundation from any national security policy of the ,department4 7h7 ,support services ,the ,secretary shall provide facilities1 utilities1 and support services to the ,foundation if it is determined by the ,secretary to be advantageous to the research programs of the ,department4 7i7 ,preemption of authority ,this section shall not preempt any authority or responsibility of the ,secretary under any other provision of law4 7j7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated-- 7,a7 to the ,secretary1 not less than #a1ejj1jjj for fiscal year #bjba to establish the ,foundation2 7,b7 to the ,foundation1 not less than #cj1jjj1jjj for fiscal year #bjba to carry out the activities of the ,foundation2 and 7,c7 to the ,foundation1 not less than #c1jjj1jjj for fiscal year #bjbb1 and each fiscal year thereafter1 for administrative and operational costs4 7#b7 ,cost share ,funds made available under paragraph 7#a77;,b7 shall be required to be cost-shared by a partner of the ,foundation other than the ,department4 ,,ix ,industrial ,innovation and ,competitiveness ,a ,smart manufacturing #iaja4 ,definitions ,in this subtitle3 7#a7 ,energy management system ,the term energy management system means a business management process based on standards of the ,american ,national ,standards ,institute that enables an organization to follow a systematic approach in achieving continual improvement of energy performance1 including energy efficiency1 security1 use1 and consumption4 7#b7 ,industrial assessment center ,the term industrial assessment center means a center located at an institution of higher education that-- 7,a7 receives funding from the ,department of ,energy2 7,b7 provides an in-depth assessment of small- and medium-sized manufacturer plant sites to evaluate the facilities1 services1 and manufacturing operations of the plant site2 and 7,c7 identifies opportunities for potential savings for small- and medium-sized manufacturer plant sites from energy efficiency improvements1 waste minimization1 pollution prevention1 and productivity improvement4 7#c7 ,information and communication technology ,the term information and communication technology means any electronic system or equipment 7including the content contained in the system or equipment7 used to create1 convert1 communicate1 or duplicate data or information1 including computer hardware1 firmware1 software1 communication protocols1 networks1 and data interfaces4 7#d7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 7#e7 ,national ,laboratory ,the term ,national ,laboratory has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#f7 ,north ,american ,industry ,classification ,system ,the term ,north ,american ,industry ,classification ,system means the standard used by ,federal statistical agencies in classifying business establishments for the purpose of collecting1 analyzing1 and publishing statistical data relating to the business economy of the ,united ,states4 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#h7 ,small and medium manufacturers ,the term small and medium manufacturers means manufacturing firms-- 7,a7 classified in the ,north ,american ,industry ,classification ,system as any of sectors #ca through #cc2 7,b7 with gross annual sales of less than #ajj1jjj1jjj2 7,c7 with fewer than #ejj employees at the plant site2 and 7,d7 with annual energy bills totaling more than #ajj1jjj and less than #b1ejj1jjj4 7#i7 ,smart manufacturing ,the term smart manufacturing means advanced technologies in information1 automation1 monitoring1 computation1 sensing1 modeling1 and networking that-- 7,a7 digitally-- 7i7 simulate manufacturing production lines2 7ii7 operate computer-controlled manufacturing equipment2 7iii7 monitor and communicate production line status2 and 7iv7 manage and optimize energy productivity and cost throughout production2 7,b7 model1 simulate1 and optimize the energy efficiency of a factory building2 7,c7 monitor and optimize building energy performance2 7,d7 model1 simulate1 and optimize the design of energy efficient and sustainable products1 including the use of digital prototyping and additive manufacturing to enhance product design2 7,e7 connect manufactured products in networks to monitor and optimize the performance of the networks1 including automated network operations2 and 7,f7 digitally connect the supply chain network4 #iajb4 ,development of national smart manufacturing plan 7a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,national ,academies1 shall develop and complete a national plan for smart manufacturing technology development and deployment to improve the productivity and energy efficiency of the manufacturing sector of the ,united ,states4 7b7 ,content 7#a7 ,in general ,the plan developed under subsection 7a7 shall identify areas in which agency actions by the ,secretary and other heads of relevant ,federal agencies would-- 7,a7 facilitate quicker development1 deployment1 and adoption of smart manufacturing technologies and processes2 7,b7 result in greater energy efficiency and lower environmental impacts for all ,american manufacturers2 and 7,c7 enhance competitiveness and strengthen the manufacturing sectors of the ,united ,states4 7#b7 ,inclusions ,agency actions identified under paragraph 7#a7 shall include-- 7,a7 an assessment of previous and current actions of the ,department of ,energy relating to smart manufacturing2 7,b7 the establishment of voluntary interconnection protocols and performance standards2 7,c7 use of smart manufacturing to improve energy efficiency and reduce emissions in supply chains across multiple companies2 7,d7 actions to increase cybersecurity in smart manufacturing infrastructure2 7,e7 deployment of existing research results2 and 7,f7 the leveraging of existing high-performance computing infrastructure4 7c7 ,biennial revisions ,not later than #b years after the date on which the ,secretary completes the plan under subsection 7a71 and not less frequently than once every #b years thereafter1 the ,secretary shall revise the plan to account for advancements in information and communication technology and manufacturing needs4 7d7 ,report ,annually until the completion of the plan under subsection 7a71 the ,secretary shall submit to ,congress a report on the progress made in developing the plan4 #iajc4 ,leveraging existing agency programs to assist small and medium manufacturers 7a7 ,findings ,congress finds that-- 7#a7 the ,department of ,energy has existing technical assistance programs that facilitate greater economic growth through outreach to and engagement with small and medium manufacturers2 7#b7 those technical assistance programs represent an important conduit for increasing the awareness of and providing education to small and medium manufacturers regarding the opportunities for implementing smart manufacturing2 and 7#c7 those technical assistance programs help facilitate the implementation of best practices4 7b7 ,expansion of technical assistance programs ,the ,secretary shall expand the scope of technologies covered by the ,industrial ,assessment ,centers of the ,department of ,energy-- 7#a7 to include smart manufacturing technologies and practices2 and 7#b7 to equip the directors of the ,industrial ,assessment ,centers with the training and tools necessary to provide technical assistance in smart manufacturing technologies and practices1 including energy management systems1 to manufacturers4 #iajd4 ,leveraging smart manufacturing infrastructure at ,national ,laboratories 7a7 ,study 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall conduct a study on how the ,department of ,energy can increase access to existing high-performance computing resources in the ,national ,laboratories1 particularly for small and medium manufacturers4 7#b7 ,inclusions ,in identifying ways to increase access to ,national ,laboratories under paragraph 7#a71 the ,secretary shall-- 7,a7 focus on increasing access to the computing facilities of the ,national ,laboratories2 and 7,b7 ensure that-- 7i7 the information from the manufacturer is protected2 and 7ii7 the security of the ,national ,laboratory facility is maintained4 7#c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing the results of the study4 7b7 ,actions for increased access ,the ,secretary shall facilitate access to the ,national ,laboratories studied under subsection 7a7 for small and medium manufacturers so that small and medium manufacturers can fully use the high-performance computing resources of the ,national ,laboratories to enhance the manufacturing competitiveness of the ,united ,states4 #iaje4 ,state leadership grants 7a7 ,finding ,congress finds that the ,states-- 7#a7 are committed to promoting domestic manufacturing and supporting robust economic development activities2 and 7#b7 are uniquely positioned to assist manufacturers1 particularly small and medium manufacturers1 with deployment of smart manufacturing through the provision of infrastructure1 including-- 7,a7 access to shared supercomputing facilities2 7,b7 assistance in developing process simulations2 and 7,c7 conducting demonstrations of the benefits of smart manufacturing4 7b7 ,grants authorized ,the ,secretary may make grants on a competitive basis to ,states for establishing ,state programs to be used as models for supporting the implementation of smart manufacturing technologies4 7c7 ,application 7#a7 ,in general ,to be eligible to receive a grant under this section1 a ,state shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,criteria ,the ,secretary shall evaluate an application for a grant under this section on the basis of merit using criteria identified by the ,secretary1 including-- 7,a7 the breadth of academic and private sector partners2 7,b7 alternate sources of funding2 7,c7 plans for dissemination of results2 7,d7 the permanence of the infrastructure to be put in place by the project2 and 7,e7 whether the project will be of benefit or use to diverse and underserved communities4 7d7 ,requirements 7#a7 ,term ,the term of a grant under this section shall not exceed #c years4 7#b7 ,maximum amount ,the amount of a grant under this section shall be not more than #c1jjj1jjj4 7#c7 ,matching requirement ,each ,state that receives a grant under this section shall contribute matching funds in an amount equal to not less than #cj percent of the amount of the grant4 7e7 ,use of funds ,a ,state shall use a grant provided under this section-- 7#a7 to provide access to shared supercomputing facilities to small and medium manufacturers2 7#b7 to fund research and development of transformational manufacturing processes and materials technology that advance smart manufacturing2 and 7#c7 to provide tools and training to small and medium manufacturers on how to adopt energy management systems and implement smart manufacturing technologies in the facilities of the small and medium manufacturers4 7f7 ,evaluation ,the ,secretary shall conduct biannual evaluations of each grant made under this section-- 7#a7 to determine the impact and effectiveness of programs funded with the grant2 and 7#b7 to provide guidance to ,states on ways to better execute the program of the ,state4 7g7 ,funding ,there is authorized to be appropriated to the ,secretary to carry out this section #aj1jjj1jjj for each of fiscal years #bjba through #bjbe4 #iajf4 ,report ,the ,secretary annually shall submit to ,congress and make publicly available a report on the progress made in advancing smart manufacturing in the ,united ,states4 ,b ,american ,innovation and ,manufacturing ,leadership #ibja4 ,definitions ,in this subtitle3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,allowance ,the term allowance means a limited authorization for the production or the consumption1 as applicable1 of a regulated substance in accordance with this subtitle4 7#c7 ,consumption ,the term consumption means1 with respect to any regulated substance1 the amount of that regulated substance produced in the ,united ,states1 plus the amount imported1 minus the amount exported4 7#d7 ,consumption baseline ,the term consumption baseline means the baseline established for consumption of regulated substances under section #ibjd7;a77#b74 7#e7 ,destroy ,the term destroy means destruction by process or technology as approved by regulation by the ,administrator4 7#f7 ,exchange value ,the term exchange value means1 for each regulated substance and each substance referenced in paragraph 7#a77;,b71 7#a77;,c71 7#b77;,b71 or 7#b77;,c7 of section #ibjd7;a71 the value by which the mass of such substance shall be multiplied for purposes of calculations under section #ibjd4 7#g7 ,export ,the term export means the transport of a regulated substance from any place subject to the jurisdiction of the ,united ,states to any place not subject to the jurisdiction of the ,united ,states4 7#h7 ,import ,the term import means to land on1 bring into1 or introduce into1 or attempt to land on1 bring into1 or introduce into1 any place subject to the jurisdiction of the ,united ,states1 whether or not such landing1 bringing1 or introduction constitutes an importation within the meaning of the customs laws of the ,united ,states4 7#i7 ,person ,the term person has the meaning given to such term in section #cjb of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfjb74 7#aj7 ,produce1 produced1 and production ,the terms produce1 produced1 and production refer to the manufacture in the ,united ,states of a regulated substance from any raw material or feedstock chemical1 but such terms do not include-- 7,a7 the manufacture of a regulated substance that is used and entirely consumed 7except for trace quantities7 in the manufacture of other chemicals2 7,b7 the reuse or recycling of a regulated substance2 or 7,c7 amounts that are destroyed4 7#aa7 ,production baseline ,the term production baseline means the baseline established for production of regulated substances under section #ibjd7;a77#a74 7#ab7 ,reclaim1 reclaimed1 and reclaiming ,the terms reclaim1 reclaimed1 and reclaiming mean the reprocessing of a recovered regulated substance to1 at a minimum1 the purity specified by and verified in accordance with the ,air-,conditioning1 ,heating1 and ,refrigeration ,institute 7,,ahri7 ,standard #gjj-bjaf 7or an appropriate successor standard adopted by the ,administrator74 7#ac7 ,recover and recovered ,the terms recover and recovered mean the removal of a regulated substance in any condition from equipment and the storage of such regulated substance in an external container without necessarily testing or processing such regulated substance in any way4 7#ad7 ,regulated substance ,the term regulated substance means a substance on the list published pursuant to section #ibjb4 7#ae7 ,united ,states ,the term ,united ,states means any place subject to the jurisdiction of the ,united ,states4 #ibjb4 ,listing of regulated substances 7a7 ,list of regulated substances ,the ,administrator shall maintain a list of regulated substances1 listed by chemical name and common name4 ,the ,administrator shall publish such list and each update thereto in the ,federal ,register4 ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall establish the initial such list4 ,the initial list under this subsection shall contain the following3 ,table #a ,chemical ,name,common ,name,exchange ,value ,,chf#b ,,chf#b;,,hfc-#acdaajj ,,ch#b;,,fcf#c;,,hfc-#acd;a#adcj ,,ch#b;,,fchf#b;,,hfc#adccec ,,chf#b;,,ch#b;,,cf#c;,,hfc-#bde;fa#ajcj ,,cf#c;,,ch#b;,,cf#b;,,ch#c;,,hfc-#cfemf c#gid ,,cf#c;,,chfcf#c;,,hfc-#bbg;ea#cbbj ,,ch#b;,,fcf#b;,,cf#c;,,hfc-#bcf;cb#acdj ,,chf#b;,,chfcf#c;,,hfc-#bcf;ea#acgj ,,cf#c;,,ch#b;,,cf#c;,,hfc-#bcf;fa#ihaj ,,ch#b;,,fcf#b;,,chf#b;,,hfc-#bde;ca#fic ,,cf#c;,,chfchfcf#b;,,cf#c;,,hfc-#dc-ajm ee#afdj ,,ch#b;,f#b;,,hfc-#cbfge ,,chf#b;,,cf#c;,,hfc-#abecejj ,,ch#c;,,cf#c;,,hfc-#adc;a#ddgj ,,ch#c;,,fhfc-#daib ,,ch#b;,,fch#b;,,fhfc-#aebec ,,ch#c;,,chf#b;,,hfc-#aeb;a#abd ,,chf#c;,,hfc-#bcadhjj 7b7 ,requirements ,the list required under subsection 7a7 shall include the exchange value of each regulated substance1 as set forth in table #a of this section or1 for additional regulated substances listed pursuant to subsection 7c71 as determined by the ,administrator pursuant to the requirements of that subsection4 7c7 ,additional regulated substances ,the ,administrator may1 by regulation1 add a substance to the list published under subsection 7a7 if such substance-- 7#a7 is a saturated hydrofluorocarbon2 and 7#b7 has an exchange value1 as determined by the ,administrator on the basis of widely used or commonly accepted credible current scientific information relating to infrared absorption and kinetic rate constants1 of not less than #ec4 7d7 ,savings provision ,nothing in this section authorizes the ,administrator to add to the list under subsection 7a71 for purposes of phasing down production or consumption under section #ibjd1 a blend of substances4 ,the preceding sentence does not affect the authority of the ,administrator to regulate a regulated substance within a blend of substances4 #ibjc4 ,monitoring and reporting requirements 7a7 ,reports 7#a7 ,in general ,on a periodic basis to be determined by the ,administrator1 but which shall be not less than annually1 each person who produced1 imported1 exported1 reclaimed1 destroyed1 used and entirely consumed 7except for trace quantities7 in the manufacture of other chemicals1 or used as a process agent a regulated substance shall submit a report to the ,administrator setting forth the amount of each such substance that such person during the preceding reporting period-- 7,a7 produced2 7,b7 imported2 7,c7 exported2 7,d7 reclaimed2 7,e7 destroyed2 7,f7 used and entirely consumed 7except for trace quantities7 in the manufacture of other chemicals2 or 7,g7 used as a process agent4 7#b7 ,attestation ,each report submitted under paragraph 7#a7 shall be signed and attested by a responsible officer 7as such term is used in section #fjc7;b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfga;b7b774 7b7 ,cessation of reporting requirement ,if a person subject to subsection 7a77#a7 permanently ceases production1 importation1 exportation1 reclaiming1 destruction1 use and entire consumption 7except for trace quantities71 or process agent use1 of a regulated substance1 such person shall-- 7#a7 submit a report under such subsection for the reporting period in which such cessation occurs2 7#b7 notify the ,administrator of such cessation prior to the end of such reporting period2 and 7#c7 not be subject to such subsection with respect to such regulated substance for subsequent reporting periods4 7c7 ,baseline reports 7#a7 ,initial report ,each person reporting pursuant to subsection 7a77#a7 shall include in the first required such report1 in addition to the information required by subsection 7a77#a7 to be reported for the applicable reporting period1 the amount of each regulated substance1 in each of calendar years #bjaa through #bjac1 produced1 imported1 exported1 reclaimed1 destroyed1 used and entirely consumed 7except for trace quantities7 in the manufacture of other chemicals1 or used as a process agent4 7#b7 ,additional substances ,in the case of a substance added to the list of regulated substances pursuant to section #ibjb7;c71 each person who produced1 imported1 exported1 reclaimed1 destroyed1 used and entirely consumed 7except for trace quantities7 in the manufacture of other chemicals1 or used as a process agent1 such regulated substance1 shall submit to the ,administrator1 not later than #ahj days after the date on which such substance is added to the list1 a report setting forth the amount of the substance that such person produced1 imported1 exported1 reclaimed1 destroyed1 used and entirely consumed 7except for trace quantities7 in the manufacture of other chemicals1 or used as a process agent in-- 7,a7 each of calendar years #bjaa through #bjac2 and 7,b7 the calendar year in which this ,act is enacted and each subsequent calendar year1 if required by the ,administrator in a regulation adding a substance to the list of regulated substances4 7d7 ,coordination ,to the extent consistent with subsections 7a7 through 7c71 the ,administrator may1 by regulation1 allow any person subject to the requirements of subsection 7a77#a7 to combine and include the information required to be reported under that subsection with any other related information that the person is required to report to the ,administrator4 7e7 ,regulations ,the ,administrator shall promulgate regulations to implement this section4 ,not later than #bgj days after the date of enactment of this ,act1 the ,administrator shall promulgate such initial final regulations as may be necessary pursuant to the preceding sentence4 #ibjd4 ,phasedown of regulated substances 7a7 ,baselines 7#a7 ,production baseline ,the baseline for the phasedown of the production of regulated substances shall be the sum of-- 7,a7 the sum of the products of-- 7i7 the average annual production in the ,united ,states of each regulated substance during the #c-year period of calendar years #bjaa1 #bjab1 and #bjac2 multiplied by 7ii7 the respective exchange value of each regulated substance2 7,b7 an amount equal to #ae percent of the sum of the products of-- 7i7 the average production in the ,united ,states of each hydrochlorofluorocarbon in #aihi2 multiplied by 7ii7 the respective exchange value of each such hydrochlorofluorocarbon2 and 7,c7 an amount equal to #j4db percent of the sum of the products of-- 7i7 the average production in the ,united ,states of each chlorofluorocarbon in #aihi2 multiplied by 7ii7 the respective exchange value of each such chlorofluorocarbon4 7#b7 ,consumption baseline ,the baseline for the phasedown of the consumption of regulated substances shall be the sum of-- 7,a7 an amount equal to the sum of the products of-- 7i7 the average annual consumption in the ,united ,states of each regulated substance during the #c-year period of calendar years #bjaa1 #bjab1 and #bjac2 multiplied by 7ii7 the respective exchange value of each such regulated substance2 7,b7 an amount equal to #ae percent of the sum of the products of-- 7i7 the average consumption in the ,united ,states of each hydrochlorofluorocarbon in #aihi2 multiplied by 7ii7 the respective exchange value of each such hydrochlorofluorocarbon2 and 7,c7 an amount equal to #j4db percent of the sum of the products of-- 7i7 the average consumption in the ,united ,states of each chlorofluorocarbon in #aihi2 multiplied by 7ii7 the respective exchange value of each such chlorofluorocarbon4 7#c7 ,exchange values ,for purposes of paragraphs 7#a7 and 7#b71 the following exchange values for hydrochlorofluorocarbons and chlorofluorocarbons respectively shall apply3 ,table #b ,chemical ,name,common ,name,exchange ,value ,c,h,f,cl#b;,,hcfc-#baaea ,,chf#b;,cl,h,c,f,c-#bbahaj ,c#b;,,hf#c;,cl#b;,,hcfc-#abcgg ,c#b;,,hf#d;,cl,h,c,f,c-#abdfji ,,ch#c;,c,f,cl#b;,,hcfc-#ada;b#gbe ,,ch#c;,,cf#b;,cl,h,c,f,c-#adb;b#bcaj ,,cf#c;,,cf#b;,c,h,cl#b;,,hcfc-#bbe;ca#a bb ,,cf#b;,cl,c,f#b;,c,h,cl,f,h,c,f,c-#bbe; cb#eie ,table #c ,chemical ,name,common ,name,exchange ,value ,c,f,cl#c;,,cfc-#aadgej ,,cf#b;,cl#b;,,cfc-#abajijj ,c#b;,f#c;,cl#c;,,cfc-#aacfacj ,c#b;,f#d;,cl#b;,,cfc-#aadajjjj ,c#b;,f#e;,cl,c,f,c-#aaegcgj 7b7 ,allowances 7#a7 ,framework regulations ,the ,administrator shall1 by regulation1 establish an allowance allocation and trading program to phase down the production and the consumption of regulated substances in accordance with this section4 ,not later than #bgj days after the date of enactment of this ,act1 the ,administrator shall promulgate such final regulations as may be necessary to establish the program required by the preceding sentence4 7#b7 ,allocations ,not later than ,october #a of each calendar year following the promulgation of final regulations pursuant to the second sentence of paragraph 7#a73 7,a7 ,the ,administrator shall establish a quantity of production allowances and a quantity of consumption allowances4 ,the quantities established pursuant to this paragraph shall not exceed the applicable percentages of the production baseline and of the consumption baseline for the calendar year involved as specified in the following table #d3 ,table #d ,calendar year,percentage of ,production ,baseline,percentage of ,consumption ,baseline through #bjbcijij #bjbd through #bjbhfjfj #bjbi through #bjcccjcj #bjcd through #bjcebjbj #bjcf and subsequent years#aeae 7,b7 ,the ,administrator shall1 by regulation1 allocate such production allowances and consumption allowances up to the quantities of such allowances established pursuant to this paragraph for the succeeding calendar year4 ,the ,administrator may1 at the ,administrator's discretion1 so allocate allowances through a single rulemaking for multiple succeeding calendar years4 7#c7 ,prohibition ,effective ,january #a of the calendar year immediately following the issuance of a final regulation pursuant to the second sentence of paragraph 7#a71 it shall be unlawful for a person to do any of the following3 7,a7 ,production of a regulated substance without holding a production allowance that authorizes such production4 7,b7 ,consumption of a regulated substance without holding a consumption allowance that authorizes such consumption4 7,c7 ,holding1 using1 or transferring any production allowance or consumption allowance allocated under this section1 except in accordance with regulations promulgated by the ,administrator pursuant to paragraphs 7#a7 and 7#b74 7#d7 ,nature of allowances ,an allowance does not constitute a property right4 ,nothing in this subtitle or in any other provision of law shall be construed to limit the authority of the ,united ,states to terminate or limit the authorization for the production or consumption of a regulated substance1 as applicable1 granted by the allowance4 7#e7 ,compliance ,for each year listed in table #d1 the ,administrator shall ensure that the annual quantity of production or consumption in the ,united ,states of all regulated substances does not exceed the product obtained by multiplying the production baseline or consumption baseline1 as applicable1 and the applicable percentage listed in table #d4 7c7 ,transfers ,the regulations required by subsection 7b77#a7 shall-- 7#a7 utilize the exchange values for each regulated substance established by or pursuant to section #ibjb2 7#b7 ensure that transfers of production allowances and consumption allowances will result in greater total reductions in the annual production or consumption1 as applicable1 of regulated substances than would occur in that year in the absence of such transfers2 and 7#c7 authorize the transfer of production allowances or consumption allowances among two or more persons only if the transferor and transferee are subject to an enforceable and quantifiable reduction in1 respectively1 annual production or consumption4 7d7 ,schedule 7#a7 ,in general 7,a7 ,regulations ,subject to paragraph 7#c71 the ,administrator may1 in response to a petition submitted to the ,administrator in accordance with paragraph 7#b71 promulgate regulations which establish a schedule for phasing down the production and the consumption of regulated substances that is more stringent than set forth in table #d in subsection 7b71 if1 based on the availability of substitutes for regulated substances1 the ,administrator determines that such more stringent schedule is practicable1 taking into account technological achievability1 commercial demands1 safety1 and other relevant factors1 including the quantities of regulated substances available from reclaiming or from prior production or prior import4 7,b7 ,uniform application ,in any regulations under subparagraph 7,a71 the ,administrator shall apply any more stringent phasedown schedule uniformly to the allocation of production allowances and consumption allowances as provided under subsection 7b74 7#b7 ,petition 7,a7 ,submission ,any person may petition the ,administrator to promulgate regulations under this subsection4 7,b7 ,disposition ,the ,administrator shall grant or deny any petition under subparagraph 7,a7 within #bgj days after receipt of any such petition4 7,c7 ,denial ,if the ,administrator denies any such petition1 the ,administrator shall publish in the ,federal ,register an explanation of why the petition was denied4 7,d7 ,granting ,if the ,administrator grants any such petition1 the ,administrator shall-- 7i7 propose regulations implementing a more stringent phasedown schedule not later than #bgj days after granting the petition2 and 7ii7 promulgate final regulations implementing a more stringent phasedown schedule not later than #cfe days after proposing such regulations4 7,e7 ,public availability ,the ,administrator shall-- 7i7 submit for publication in the ,federal ,register a notice of the availability of each petition received pursuant to this paragraph not later than #fj days after receipt of such petition2 and 7ii7 shall make each such petition available in full upon request4 7,f7 ,required showing ,any petition under subparagraph 7,a7 shall include a showing by the petitioner that there are adequate data to support the petition4 7,g7 ,insufficient information ,if the ,administrator determines that data are not adequate to grant or deny the petition1 the ,administrator shall use any authority available to the ,administrator1 under any applicable law1 to acquire such data4 7#c7 ,limitation ,the ,administrator may not promulgate a more stringent phasedown schedule under this subsection applicable to any calendar year prior to calendar year #bjbd4 7e7 ,essential uses 7#a7 ,petition2 authorization ,the ,administrator may1 by regulation1 allocate to a person additional production allowances or consumption allowances to authorize the production or consumption1 respectively1 beginning with calendar year #bjcd1 for a period of up to #e years1 of a regulated substance in an amount up to #aj percent of the quantity of production or consumption of such regulated substance contributed by such person to the production baseline or the consumption baseline1 as applicable1 if the ,administrator finds1 based on a petition by such person1 that-- 7,a7 such excess production or consumption is exclusively for an application with respect to which no substitute is available during such period1 considering technological achievability1 commercial demands1 safety1 and other relevant factors2 and 7,b7 the available supply of such regulated substance1 including any quantities of such regulated substance available from reclaiming1 prior production1 or prior import1 and allowances for such regulated substance1 are insufficient to accommodate such application4 7#b7 ,extension ,the ,administrator may1 by regulation1 allocate additional production allowances or consumption allowances1 for additional periods of up to #e years1 in an amount up to #aj percent of the quantity of production or consumption of the regulated substance contributed by the person involved to the production baseline or the consumption baseline1 as applicable1 if the ,administrator finds1 based on a petition by such person1 that the criteria described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 continue to be satisfied4 7#c7 ,exception ,the ,administrator may allocate production allowances or consumption allowances pursuant to this subsection in amounts that cause the total quantity of production allowances or consumption allowances in a year to exceed the maximum quantity permissible under subsection 7b7 for that year4 7f7 ,exports 7#a7 ,exports of excess amounts 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c7 and paragraph 7#b71 the ,administrator may1 by regulation1 issue additional production allowances for renewable periods of up to #e years to a person to produce a regulated substance at a facility located in the ,united ,states in excess of the amount authorized by the production allowances otherwise held by that person solely for export to1 and use in1 a foreign country4 7,b7 ,petition required ,prior to issuing any additional production allowances to a person pursuant to subparagraph 7,a71 the ,administrator shall require the person to submit a petition in such manner and containing such information as the ,administration may by regulation require4 7,c7 ,limitation ,the ,administrator shall not issue any production allowances pursuant to subparagraph 7,a7 in amounts that would cause the total quantity of production allowances in a year to exceed the maximum quantity of production allowances permissible under subsection 7b7 for that year4 7#b7 ,prohibited export for certain countries ,beginning on ,january #a1 #bjcc1 no person subject to the requirements of this subtitle shall export a regulated substance to a foreign country that is not identified by the ,administrator as having enacted or otherwise established the same or similar requirements or otherwise undertaken commitments regarding the production and the consumption of regulated substances as are contained in this subtitle4 #ibje4 ,management of regulated substances 7a7 ,sense of ,congress ,it is the sense of ,congress that the ,administrator should provide for a safe hydrofluorocarbon transition by ensuring that heating1 ventilation1 air conditioning1 and refrigeration practitioners are positioned to comply with safe servicing1 repair1 disposal1 or installation procedures4 7b7 ,regulations 7#a7 ,in general ,not later than #bd months after the date of enactment of this ,act1 the ,administrator shall1 for purposes of maximizing reclaiming1 minimizing the release of a regulated substance from equipment1 and ensuring the safety of technicians and consumers1 promulgate regulations to control1 where appropriate1 any practice1 process1 or activity regarding the servicing1 repair1 disposal1 or installation of equipment that involves a regulated substance or a substitute for a regulated substance1 including the reclaiming of a regulated substance or a substitute for a regulated substance4 7#b7 ,minimum standards ,the regulations promulgated under paragraph 7#a7 may include1 where appropriate1 that any such servicing1 repair1 disposal1 or installation be performed by a trained technician meeting minimum standards1 as determined by the ,administrator4 7c7 ,reclaim 7#a7 ,consideration ,the ,administrator shall consider the use of any authority available to the ,administrator under this subtitle to increase opportunities for the reclaiming of regulated substances4 7#b7 ,requirement ,any regulated substance that is recovered shall be reclaimed before such regulated substance is sold or transferred to a new owner1 except where such recovered regulated substance is sold or transferred to a new owner solely for the purposes of being reclaimed or destroyed4 7d7 ,coordination ,in promulgating regulations to implement this section1 the ,administrator may coordinate such regulations with any other regulations promulgated by the ,administrator that involve-- 7#a7 the same or similar practice1 process1 or activity regarding the servicing1 repair1 disposal1 or installation of equipment2 or 7#b7 reclaiming4 7e7 ,inapplicability ,subsections 7a7 through 7d7 do not apply with respect to a regulated substance or a substitute for a regulated substance that is contained in a foam4 #ibjf4 ,technology transitions 7a7 ,authority ,the ,administrator may1 by regulation and in accordance with this section1 prohibit or restrict1 including through a graduated schedule1 the use of a regulated substance in a sector or subsector in which such regulated substance is used4 7b7 ,negotiated rulemaking ,the ,administrator shall consider negotiating and developing a proposed regulation under this section in accordance with the negotiated rulemaking procedure under subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code 7commonly referred to as the ,negotiated ,rulemaking ,act of #aiij74 ,if the ,administrator decides to proceed with a negotiated rulemaking1 the ,administrator shall1 to the extent the ,administrator deems practicable1 give priority to completing that rulemaking over completing concurrent non-negotiated rulemakings pursuant to this section4 ,if the ,administrator decides not to proceed with a negotiated rulemaking1 the ,administrator shall include an explanation of such decision in any proposed regulation published pursuant to this section4 7c7 ,petition 7#a7 ,submission ,any person may petition the ,administrator to promulgate regulations under this section to prohibit or restrict the use of a regulated substance in a sector or subsector4 7#b7 ,disposition ,the ,administrator shall grant or deny a petition received pursuant to paragraph 7#a7 not later than #ahj days after receipt of such petition4 7#c7 ,denial ,if the ,administrator denies a petition received pursuant to paragraph 7#a71 the ,administrator shall publish in the ,federal ,register an explanation of the ,administrator's decision4 7#d7 ,granting ,if the ,administrator grants a petition received pursuant to paragraph 7#a71 the ,administrator shall-- 7,a7 propose regulations prohibiting or restricting the use of the regulated substance in the sector or subsector under subsection 7a7 not later than #bgj days after granting such petition2 and 7,b7 promulgate final regulations prohibiting or restricting the use of the regulated substance in the sector or subsector under subsection 7a7 not later than #cfe days after proposing such regulations4 7#e7 ,public availability ,the ,administrator shall-- 7,a7 submit for publication in the ,federal ,register a notice of the availability of each petition received pursuant to this subsection not later than #fj days after receipt of such petition2 and 7,b7 shall make each such petition available in full upon request4 7d7 ,criteria ,in promulgating regulations under this section1 the ,administrator shall consider-- 7#a7 promoting and supporting domestic economic development2 7#b7 maximizing protections for human health and the environment2 7#c7 minimizing costs for the production1 use1 and reclaiming of regulated substances2 7#d7 maximizing flexibility for the recovery1 reclaiming1 and re-use of regulated substances2 7#e7 ensuring consumer safety2 7#f7 the availability of substitutes for regulated substances1 taking into account technological achievability1 commercial demands1 safety1 and other relevant factors1 including lead times for equipment conversion2 and 7#g7 minimizing any costs to consumers4 7e7 ,evaluation ,for purposes of this subtitle1 the ,administrator shall-- 7#a7 on an ongoing basis1 evaluate the availability of substitutes for regulated substances in a sector or subsector1 taking into account technological achievability1 commercial demands1 safety1 and other relevant factors1 including lead times for equipment conversion2 and 7#b7 maintain a public clearinghouse of such substitutes by sector and subsector1 as applicable4 7f7 ,coordination ,in promulgating regulations to prohibit or restrict the use of a regulated substance in a sector or subsector under this section1 the ,administrator may coordinate such regulations with any other regulations pertaining to currently or potentially available substitutes for regulated substances4 #ibjg4 ,rulemaking authority 7a7 ,rulemakings ,the ,administrator may promulgate such regulations as are necessary to carry out the functions of the ,administrator under this subtitle4 7b7 ,delegation ,the ,administrator may delegate to any officer or employee of the ,environmental ,protection ,agency such of the powers and duties of the ,administrator under this subtitle as the ,administrator determines to be appropriate4 7c7 ,requirements ,in exercising any requirement or authority in this subtitle to act by regulation or to promulgate regulations1 the ,administrator shall comply with the requirements of section #cjg7;d7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfjg7;d774 #ibjh4 ,relationship to other laws ,sections #aac1 #aad1 #cjd1 and #cjg of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdac1 #gdad1 #gfjd1 #gfjg7 shall apply to this subtitle and any regulations promulgated by the ,administrator pursuant to this subtitle as though this subtitle were included in title ,,vi of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfga et seq474 ,c ,clean ,industrial ,technology #icja4 ,purpose ,the purpose of this subtitle and the amendments made by this subtitle is to encourage the development and evaluation of innovative technologies aimed at increasing-- 7#a7 the technological and economic competitiveness of industry and manufacturing in the ,united ,states2 and 7#b7 the emissions reduction of nonpower industrial sectors4 #icjb4 ,industrial emissions reduction technology development program 7a7 ,in general ,subtitle ,d of title ,,iv of the ,energy ,independence and ,security ,act of #bjjg1 as amended by this ,act1 is further amended by adding at the end the following3 #dee4 ,industrial emissions reduction technology development program 7a7 ,definitions ,in this section3 7#a7 ,director ,the term ,director means the ,director of the ,office of ,science and ,technology ,policy4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a scientist or other individual with knowledge and expertise in emissions reduction2 7,b7 an institution of higher education2 7,c7 a nongovernmental organization2 7,d7 a ,national ,laboratory2 7,e7 a private entity2 and 7,f7 a partnership or consortium of #b or more entities described in subparagraphs 7,b7 through 7,e74 7#c7 ,emissions reduction 7,a7 ,in general ,the term emissions reduction means the reduction1 to the maximum extent practicable1 of net nonwater greenhouse gas emissions to the atmosphere by energy services and industrial processes4 7,b7 ,exclusion ,the term emissions reduction does not include the elimination of carbon embodied in the principal products of industrial manufacturing4 7#d7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#e7 ,program ,the term program means the program established under subsection 7b77#a74 7#f7 ,critical material or mineral ,the term critical material or mineral means a material or mineral that serves an essential function in the manufacturing of a product and has a high risk of a supply disruption1 such that a shortage of such a material or mineral would have significant consequences for ,united ,states economic or national security4 7b7 ,industrial emissions reduction technology development program 7#a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,secretary1 in coordination with the ,director and in consultation with the heads of relevant ,federal agencies1 ,national ,laboratories1 industry1 and institutions of higher education1 shall establish a crosscutting research1 development1 and demonstration program to further the development and commercial application of innovative industrial emissions reduction technologies that-- 7,a7 increase the technological and economic competitiveness of industry and manufacturing in the ,united ,states2 and 7,b7 achieve emissions reduction in nonpower industrial sectors4 7#b7 ,coordination ,in carrying out the program1 the ,secretary shall1 to the maximum extent practicable-- 7,a7 coordinate with each relevant office in the ,department and any other ,federal agency2 7,b7 coordinate and collaborate with the ,industrial ,technology ,innovation ,advisory ,committee established under section #def2 and 7,c7 coordinate with the energy-intensive industries program established under section #deb4 7#c7 ,leverage of existing resources ,in carrying out the program1 the ,secretary shall leverage1 to the maximum extent practicable-- 7,a7 existing resources and programs of the ,department and other relevant ,federal agencies2 and 7,b7 public-private partnerships4 7c7 ,focus areas ,the program shall focus on1 to the maximum extent practicable-- 7#a7 industrial production processes1 including technologies and processes that-- 7,a7 achieve emissions reduction in high-emissions industrial materials production processes1 including production processes for iron1 steel1 steel mill products1 aluminum1 cement1 concrete1 glass1 pulp1 paper1 and industrial ceramics2 7,b7 achieve emissions reduction in medium- and high-temperature heat generation1 including-- 7i7 through electrification of heating processes2 7ii7 through renewable heat generation technology2 7iii7 through combined heat and power2 and 7iv7 by switching to alternative fuels1 including hydrogen2 7,c7 achieve emissions reduction in chemical production processes2 7,d7 leverage smart manufacturing technologies and principles1 digital manufacturing technologies1 and advanced data analytics to develop advanced technologies and practices in information1 automation1 monitoring1 computation1 sensing1 modeling1 and networking that-- 7i7 simulate manufacturing production lines2 7ii7 monitor and communicate production line status2 7iii7 manage and optimize energy productivity and cost throughout production2 and 7iv7 model1 simulate1 and optimize the energy efficiency of manufacturing processes2 7,e7 leverage the principles of sustainable manufacturing and sustainable chemistry to minimize the negative environmental impacts of manufacturing while conserving energy and resources1 including-- 7i7 by designing products that enable reuse1 refurbishment1 remanufacturing1 and recycling2 7ii7 by minimizing waste from industrial processes2 and 7iii7 by reducing resource intensity2 and 7,f7 increase the energy efficiency of industrial processes2 7#b7 alternative materials that produce fewer emissions during production and result in fewer emissions during use1 including-- 7,a7 high-performance lightweight materials2 and 7,b7 substitutions for critical materials and minerals2 7#c7 development of net-zero emissions liquid and gaseous fuels2 7#d7 emissions reduction in shipping1 aviation1 and long distance transportation1 including through the use of alternative fuels2 7#e7 carbon capture technologies for industrial processes2 7#f7 high-performance computing to develop advanced materials and manufacturing processes contributing to the focus areas described in paragraphs 7#a7 through 7#e71 including-- 7,a7 modeling1 simulation1 and optimization to design energy efficient and sustainable products2 and 7,b7 the use of digital prototyping and additive manufacturing to enhance product design2 7#g7 other technologies that achieve net-zero emissions in nonpower industrial sectors as determined by ,secretary in coordination with the ,director2 7#h7 incorporation of sustainable and green chemistry and engineering principles1 practices1 and methodologies1 as the ,secretary determines appropriate2 and 7#i7 other research or technology areas identified in the ,emissions ,reduction ,roadmap authorized in section #def4 7d7 ,grants1 contracts1 cooperative agreements1 and demonstration projects 7#a7 ,grants ,in carrying out the program1 the ,secretary shall award grants on a competitive basis to eligible entities for projects that the ,secretary determines would best achieve the goals of the program4 7#b7 ,contracts and cooperative agreements ,in carrying out the program1 the ,secretary may enter into contracts and cooperative agreements with eligible entities and ,federal agencies for projects that the ,secretary determines would further the purposes of the program4 7#c7 ,demonstration projects ,in supporting technologies developed under this section1 the ,secretary shall fund demonstration projects that test and validate technologies described in subsection 7c74 7#d7 ,cost sharing ,in awarding funds under this section1 the ,secretary shall require cost sharing in accordance with section #ihh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceb74 7e7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out the demonstration projects authorized in subsection 7d77#c7-- 7#a7 #bj1jjj1jjj for fiscal year #bjba2 7#b7 #hj1jjj1jjj for fiscal year #bjbb2 7#c7 #ajj1jjj1jjj for fiscal year #bjbc2 7#d7 #aej1jjj1jjj for fiscal year #bjbd2 and 7#e7 #aej1jjj1jjj for fiscal year #bjbe4 7f7 ,coordination ,the ,secretary shall carry out the activities authorized in this section in accordance with section #bjc of the ,department of ,energy ,research and ,innovation ,act 7#db ,u4,s4,c4 #ahfca74 4 7b7 ,technical amendment ,the table of contents of the ,energy ,independence and ,security ,act of #bjjg 7,public ,law #aaj-adj2 #aba ,stat4 #adid7 is amended by inserting after the item relating to section #ded 7as added by this ,act7 the following3 ,sec4 #dee4 ,industrial emissions reduction technology development program4 4 #icjc4 ,industrial ,technology ,innovation ,advisory ,committee 7a7 ,in general ,subtitle ,d of title ,,iv of the ,energy ,independence and ,security ,act of #bjjg1 as amended by this ,act1 is further amended by adding at the end the following3 #def4 ,industrial ,technology ,innovation ,advisory ,committee 7a7 ,definitions ,in this section3 7#a7 ,committee ,the term ,committee means the ,industrial ,technology ,innovation ,advisory ,committee established under subsection 7b74 7#b7 ,director ,the term ,director means the ,director of the ,office of ,science and ,technology ,policy4 7#c7 ,emissions reduction ,the term emissions reduction has the meaning given the term in section #dee7;a74 7#d7 ,program ,the term program means the industrial emissions reduction technology development program established under section #dee7;b77#a74 7b7 ,establishment ,not later than #ahj days after the date of enactment of this section1 the ,secretary1 in coordination with the ,director1 shall establish an advisory committee1 to be known as the ,industrial ,technology ,innovation ,advisory ,committee4 7c7 ,membership 7#a7 ,appointment ,the ,committee shall be comprised of not fewer than #ae members1 who shall be appointed by the ,secretary1 in coordination with the ,director4 7#b7 ,representation ,members appointed pursuant to paragraph 7#a7 shall include-- 7,a7 not less than #a representative of each relevant ,federal agency1 as determined by the ,secretary2 7,b7 not less than #b representatives of labor groups2 7,c7 not less than #c representatives of the research community1 which shall include academia and ,national ,laboratories2 7,d7 not less than #b representatives of nongovernmental organizations2 7,e7 not less than #f representatives of industry1 the collective expertise of which shall cover every focus area described in section #dee7;c72 7,f7 not less than #a representative of a ,state government2 and 7,g7 any other individual whom the ,secretary1 in coordination with the ,director1 determines to be necessary to ensure that the ,committee is comprised of a diverse group of representatives of industry1 academia1 independent researchers1 and public and private entities4 7#c7 ,chair ,the ,secretary shall designate a member of the ,committee to serve as ,chair4 7d7 ,duties 7#a7 ,in general ,the ,committee shall-- 7,a7 in consultation with the ,secretary and the ,director1 develop the missions and goals of the program1 which shall be consistent with the purposes of the program described in section #dee7;b77#a72 7,b7 advise the ,secretary and the ,director with respect to the program-- 7i7 by identifying and evaluating any technologies being developed by the private sector or other ,federal agencies relating to the focus areas described in section #dee7;c72 7ii7 by identifying technology gaps in the private sector in those focus areas1 and making recommendations to address those gaps2 7iii7 by surveying and analyzing factors that prevent the adoption of emissions reduction technologies by the private sector2 and 7iv7 by recommending technology screening criteria for technology developed under the program to encourage adoption of the technology by the private sector2 and 7,c7 develop the roadmap described in paragraph 7#b74 7#b7 ,emissions reduction roadmap 7,a7 ,purpose ,the purpose of the roadmap developed under paragraph 7#a77;,c7 is to set forth a plan for achieving the goals of the program established in section #dee7;b77#a71 including for the focus areas described in section #dee7;c74 7,b7 ,contents ,the roadmap developed under paragraph 7#a77;,c7 shall-- 7i7 specify near-term and long-term qualitative and quantitative objectives relating to each focus area described in section #dee7;c71 including research1 development1 demonstration1 and commercial application objectives2 7ii7 leverage existing roadmaps relevant to the program in section #dee7;b77#a7 and the focus areas in section #dee7;c72 7iii7 specify the anticipated timeframe for achieving the objectives specified under clause 7i72 7iv7 include plans for developing emissions reduction technologies that are globally cost-competitive1 including in developing economies2 and 7v7 identify the appropriate role for investment by the ,federal ,government1 in coordination with the private sector1 to achieve the objectives specified under clause 7i74 7e7 ,meetings 7#a7 ,frequency ,the ,committee shall meet not less frequently than #b times per year1 at the call of the ,chair4 7#b7 ,initial meeting ,not later than #cj days after the date on which the members are appointed under subsection 7b71 the ,committee shall hold its first meeting4 7f7 ,committee report 7#a7 ,in general ,not later than #b years after the date of enactment of this section1 and not less frequently than once every #c years thereafter1 the ,committee shall submit to the ,secretary a report on the progress of achieving the purposes of the program4 7#b7 ,contents ,the report under paragraph 7#a7 shall include-- 7,a7 a description of any technology innovation opportunities identified by the ,committee2 7,b7 a description of any technology gaps identified by the ,committee under subsection 7d77#a77;,b77ii72 7,c7 a review of the management1 technology screening1 coordination1 and industry utility of the program2 7,d7 an evaluation of the progress of the program and the research1 development1 and demonstration activities funded under the program2 7,e7 any recommended changes to the focus areas of the program described in section #dee7;c72 7,f7 a description of the manner in which the ,committee has carried out the duties described in subsection 7d77#a7 and any relevant findings as a result of carrying out those duties2 7,g7 the roadmap developed by the ,committee under subsection 7d77#a77;,c72 7,h7 the progress made in achieving the goals set out in that roadmap2 7,i7 an assessment of the extent to which progress has been made under the program in developing commercial1 cost-competitive technologies in each focus area described in section #dee7;c72 and 7,j7 an assessment of the effectiveness of the program in coordinating efforts within the ,department and with other ,federal agencies to achieve the purposes of the program4 7g7 ,report to ,congress ,not later than #fj days after receiving a report from the ,committee under subsection 7f71 the ,secretary shall submit a copy of that report to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate4 7h7 ,applicability of ,federal ,advisory ,committee ,act ,except as otherwise provided in this section1 the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,committee4 4 7b7 ,technical amendment ,the table of contents of the ,energy ,independence and ,security ,act of #bjjg 7,public ,law #aaj-adj2 #aba ,stat4 #adid7 is amended by inserting after the item relating to section #dee 7as added by this ,act7 the following3 ,sec4 #def4 ,industrial ,technology ,innovation ,advisory ,committee4 4 #icjd4 ,technical assistance program to implement industrial emissions reduction 7a7 ,in general ,subtitle ,d of title ,,iv of the ,energy ,independence and ,security ,act of #bjjg1 as amended by this ,act1 is further amended by adding at the end the following3 #deg4 ,technical assistance program to implement industrial emissions reduction 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state2 7,b7 a unit of local government2 7,c7 a territory or possession of the ,united ,states2 7,d7 a relevant ,state or local office1 including an energy office2 7,e7 a tribal organization 7as defined in section #cgfe of title #ch1 ,united ,states ,code72 7,f7 an institution of higher education2 7,g7 a private entity2 and 7,h7 a trade association or technical society4 7#b7 ,emissions reduction ,the term emissions reduction has the meaning given the term in section #dee7;a74 7#c7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#d7 ,program ,the term program means the program established under subsection 7b74 7b7 ,establishment ,not later than one year after the date of enactment of this section1 the ,secretary shall establish a program to provide technical assistance to eligible entities to promote the commercial application of emission reduction technologies developed through the program established in section #dee7;b74 7c7 ,applications 7#a7 ,application process ,the ,secretary shall seek applications for technical assistance under the program on a periodic basis1 but not less frequently than once every #ab months4 7#b7 ,priorities ,in selecting eligible entities for technical assistance under the program1 the ,secretary shall give priority to an eligible entity-- 7,a7 carrying out a commercial application of technology that has the greatest potential for emissions reduction in nonpower industrial sectors2 7,b7 located in a ,state that has historically relied on industrial sectors for a substantial portion of the ,state economy1 as determined by the ,secretary1 taking into account employment data1 per capita income1 and other indicators of economic output in the ,state2 or 7,c7 located in a ,state that has experienced significant decline in the economic contribution of industry to the ,state4 4 7b7 ,technical amendment ,the table of contents of the ,energy ,independence and ,security ,act of #bjjg 7,public ,law #aaj-adj2 #aba ,stat4 #adid7 is amended by inserting after the item relating to section #def 7as added by this ,act7 the following3 ,sec4 #deg4 ,technical assistance program to implement industrial emissions reduction4 4 #icje4 ,coordination of research and development of energy efficient technologies for industry ,section #f7;a7 of the ,american ,energy ,manufacturing ,technical ,corrections ,act 7#db ,u4,s4,c4 #fcea7;a77 is amended-- 7#a7 by striking ,industrial ,technologies ,program each place it appears and inserting ,advanced ,manufacturing ,office2 and 7#b7 in the matter preceding paragraph 7#a71 by striking ,office of ,energy and all that follows through ,office of ,science and inserting ,department of ,energy4 ,d ,combined ,heat and ,power ,support #idja4 ,,chp ,technical ,assistance ,partnership ,program 7a7 ,in general ,section #cge of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcde7 is amended to read as follows3 #cge4 ,,chp ,technical ,assistance ,partnership ,program 7a7 ,renaming 7#a7 ,in general ,the ,clean ,energy ,application ,centers of the ,department of ,energy are redesignated as the ,,chp ,technical ,assistance ,partnership ,program 7referred to in this section as the ,program74 7#b7 ,program description ,the ,program shall consist of-- 7,a7 the #aj regional ,,chp ,technical ,assistance ,partnerships in existence on the date of enactment of the ,clean ,economy ,jobs and ,innovation ,act2 7,b7 such other regional ,,chp ,technical ,assistance ,partnerships as the ,secretary may establish2 and 7,c7 any supporting technical activities under the ,technical ,partnership ,program of the ,advanced ,manufacturing ,office4 7#c7 ,references ,any reference in any law1 rule1 regulation1 or publication to a ,combined ,heat and ,power ,application ,center or a ,clean ,energy ,application ,center shall be deemed to be a reference to the ,program4 7b7 ,,chp ,technical ,assistance ,partnership ,program 7#a7 ,in general ,the ,program shall-- 7,a7 operate programs to encourage deployment of combined heat and power1 waste heat to power1 and efficient district energy 7collectively referred to in this subsection as ,,chp7 technologies by providing education and outreach to-- 7i7 building1 industrial1 and electric and natural gas utility professionals2 7ii7 ,state and local policymakers2 and 7iii7 other individuals and organizations with an interest in efficient energy use1 local or opportunity fuel use1 resiliency1 or energy security1 microgrids1 and district energy2 and 7,b7 provide project specific support to building and industrial professionals through economic and engineering assessments and advisory activities4 7#b7 ,funding for certain activities 7,a7 ,in general ,the ,program shall make funds available to institutions of higher education1 research centers1 and other appropriate institutions to ensure the continued operations and effectiveness of the regional ,,chp ,technical ,assistance ,partnerships4 7,b7 ,use of funds ,funds made available under subparagraph 7,a7 may be used-- 7i7 to research1 develop1 and distribute informational materials relevant to manufacturers1 commercial buildings1 institutional facilities1 and ,federal sites1 including continued support of the mission goals of the ,department of ,defense1 on ,,chp and microgrid technologies1 including continuation and updating of-- 7,i7 the ,,chp installation database2 7,,ii7 ,,chp technology potential analyses2 7,,iii7 ,state ,,chp resource pages2 and 7,,iv7 ,,chp ,technical ,assistance ,partnerships websites2 7ii7 to research1 develop1 and conduct target market workshops1 reports1 seminars1 internet programs1 ,,chp resiliency resources1 and other activities to provide education to end users1 regulators1 and stakeholders in a manner that leads to the deployment of ,,chp technologies2 7iii7 to provide or coordinate onsite assessments for sites and enterprises that may consider deployment of ,,chp technology1 including the potential use of biomass ,,chp systems2 7iv7 to perform market research to identify high profile candidates for deployment of ,,chp technologies1 hybrid renewable-,,chp technologies1 biomass ,,chp1 microgrids1 and clean energy2 7v7 to provide nonbiased engineering support to sites considering deployment of ,,chp technologies2 7vi7 to assist organizations and communities developing clean energy technologies and policies in overcoming barriers to deployment2 and 7vii7 to assist companies1 communities1 and organizations with field validation and performance evaluations of ,,chp and other clean energy technologies implemented4 7,c7 ,duration ,the ,program shall make funds available under subparagraph 7,a7 for a period of #e years4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #ab1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 7b7 ,conforming amendment ,the table of contents of the ,energy ,policy and ,conservation ,act is amended by striking the item relating to section #cge and inserting the following3 #cge4 ,,chp ,technical ,assistance ,partnership ,program4 4 ,e ,title ,,xvii ,loan ,program ,reform #ieja4 ,loan program office title ,,xvii reform 7a7 ,terms and conditions ,section #agjb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7 is amended-- 7#a7 by amending subsection 7b7 to read as follows3 7b7 ,specific appropriation or contribution 7#a7 ,in general ,except as provided in paragraph 7#b71 the cost of a guarantee shall be paid by the ,secretary using an appropriation made for the cost of the guarantee1 subject to the availability of such an appropriation4 7#b7 ,insufficient appropriations ,if sufficient appropriated funds to pay the cost of a guarantee are not available1 then the guarantee shall not be made unless-- 7,a7 the ,secretary has received from the borrower a payment in full for the cost of the guarantee and deposited the payment into the ,treasury2 or 7,b7 a combination of one or more appropriations and one or more payments from the borrower under this subsection has been made that is sufficient to cover the cost of the guarantee4 2 7#b7 in subsection 7h7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,the ,secretary shall charge1 and collect on or after the date of the financial close of an obligation1 a fee for a guarantee in an amount that the ,secretary determines is sufficient to cover applicable administrative expenses 7including any costs associated with third-party consultants engaged by the ,secretary74 2 and 7,b7 by adding at the following3 7#c7 ,reduction in fee amount ,notwithstanding paragraph 7#a7 and subject to the availability of appropriations1 the ,secretary may reduce the amount of a fee for a guarantee under this subsection4 2 and 7#c7 by adding at the end the following3 7l7 ,application status 7#a7 ,request ,if the ,secretary does not make a final decision on an application for a guarantee under this title by the date that is #ahj days after receipt of the application by the ,secretary1 the applicant may request1 on or after that date and not more than once every #fj days thereafter until a final decision is made1 that the ,secretary provide to the applicant a response described in paragraph 7#b74 7#b7 ,response ,not later than #aj days after receiving a request from an applicant under paragraph 7#a71 the ,secretary shall provide to the applicant a response that includes-- 7,a7 a description of the current status of review of the application2 7,b7 a summary of any factors that are delaying a final decision on the application1 a list of what items are required in order to reach a final decision1 citations to authorities stating the reasons why such items are required1 and a list of actions the applicant can take to expedite the process2 and 7,c7 an estimate of when a final decision on the application will be made4 7m7 ,outreach ,in carrying out this title1 the ,secretary shall-- 7#a7 provide assistance with the completion of applications for a guarantee under this title2 7#b7 conduct outreach1 including through conferences and online programs1 to disseminate information to potential applicants2 and 7#c7 conduct outreach to encourage participation of supporting finance institutions and private lenders in eligible projects4 7n7 ,coordination ,in carrying out this title1 to the extent consistent with applicable law1 the ,secretary shall collaborate1 coordinate1 and share information with relevant offices within the ,department4 7o7 ,report ,not later than #b years after the date of the enactment of this subsection and every #c years thereafter1 the ,secretary shall submit to ,congress a report on the status of projects receiving guarantees under this title1 including-- 7#a7 a list of such projects1 including the guarantee amount1 construction status1 and financing partners of each such project2 7#b7 the status of each such project's loan repayment1 including interest paid and future repayment projections2 7#c7 estimate of the greenhouse gas emissions avoided from each such project2 7#d7 data regarding the number of direct and indirect jobs retained1 restored1 or created by such projects2 7#e7 the number of new projects projected to receive a guarantee under this title during the next #b years and the aggregate guarantee amount2 and 7#f7 any other metrics the ,secretary finds appropriate4 4 7b7 ,state loan eligibility 7#a7 ,definitions ,section #agja of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeaa7 is amended by adding at the end the following3 7#f7 ,indian tribe1 ,native ,corporation1 tribal energy development organization ,the terms ,indian tribe1 ,native ,corporation1 and tribal energy development organization have the meaning given such terms in section #bfja of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja74 7#g7 ,state ,the term ,state has the meaning given the term in section #bjb of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhjb74 7#h7 ,state energy financing institution 7,a7 ,in general ,the term ,state energy financing institution means a quasi-independent entity or an entity within a ,state agency or financing authority established by a ,state that may-- 7i7 provide financing support or credit enhancements1 including loan guarantees and loan loss reserves1 for eligible projects2 and 7ii7 create liquid markets for eligible projects1 including warehousing and securitization1 or take other steps to reduce financial barriers to the deployment of existing and new eligible projects4 7,b7 ,inclusion ,the term ,state energy financing institution includes an entity or organization established to achieve the purposes described in clauses 7i7 and 7ii7 of subparagraph 7,a7 by an ,indian tribe1 ,native ,corporation1 or tribal energy development organization4 4 7#b7 ,terms and conditions ,section #agjb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7 is further amended-- 7,a7 in subsection 7a71 by inserting 1 including projects receiving financial support or credit enhancements from a ,state energy financing institution1 after for projects2 7,b7 in subsection 7d77#a71 by inserting 1 including a guarantee for a project receiving financial support or credit enhancements from a ,state energy financing institution1 after ,no guarantee2 and 7,c7 by adding at the end the following3 7p7 ,state energy financing institutions 7#a7 ,partnerships authorized ,state energy financing institutions providing financial support or credit enhancements for eligible projects may enter into partnerships with private entities1 ,indian tribes1 ,native ,corporations1 and tribal energy development organizations4 7#b7 ,prohibition on use of appropriated funds ,amounts appropriated to the ,department before the date of enactment of this subsection shall not be available to be used for the cost of guarantees made to ,state energy financing institutions4 4 7c7 ,project eligibility expansion 7#a7 ,in general ,the ,energy ,policy ,act of #bjje is amended by adding after section #agjc the following new section3 #agjc;,a4 ,other eligible projects 7a7 ,in general ,the ,secretary may make guarantees under this section only for projects that-- 7#a7 avoid1 reduce1 utilize1 or sequester air pollutants or anthropogenic emissions of greenhouse gases2 and 7#b7 employ new or significantly improved technologies as compared to commercial technologies in service in the ,united ,states at the time the guarantee is issued1 including projects that employ-- 7,a7 a system of technologies that combine existing technologies in an innovative manner2 7,b7 elements of commercial technologies in combination with new or significantly improved technologies2 or 7,c7 new and innovative technologies developed outside the energy sector that enable modernization of existing energy infrastructure and systems4 7b7 ,categories ,projects from the following categories shall be eligible for a guarantee under this section3 7#a7 ,advanced nuclear energy facilities1 including manufacturing and deployment of nuclear supply components for advanced nuclear reactors4 7#b7 ,carbon capture1 utilization1 and sequestration practices and technologies1 including-- 7,a7 agricultural and forestry practices that store and sequester carbon2 and 7,b7 synthetic technologies to remove carbon from the air and oceans4 7#c7 ,energy storage technologies for residential1 industrial1 transportation1 and power generation applications4 7#d7 ,technologies and systems for reducing emissions of greenhouse gases with high global warming potential1 including for reducing methane leakage from natural gas transmission and distribution infrastructure4 7#e7 ,application of technologies1 including data analytics1 artificial intelligence1 and other software to improve the energy efficiency1 operations1 and management of energy infrastructure1 including electric grid operations4 7#f7 ,energy-water use efficiency in water resources infrastructure and water-using technologies4 7#g7 ,technologies for improving the resilience or reliability of existing energy infrastructure1 including technologies that incorporate energy storage and grid modernization initiatives or improve the cybersecurity of energy technologies4 7#h7 ,technologies or processes for reducing greenhouse gas emissions from industrial applications1 including iron1 steel1 cement1 and ammonia production1 hydrogen production1 and generation of high-temperature heat4 7#i7 ,categories of projects and projects described in section #agjc4 7c7 ,regional variation ,notwithstanding subsection 7a77#b71 the ,secretary may1 to account for regional variation in deployment of technology1 make guarantees under this section for up to #f projects that employ the same or similar technology as another project1 provided no more than #b projects that use the same or a similar technology are located in the same region of the ,united ,states4 7d7 ,state energy financing institutions ,notwithstanding subsection 7a71 the ,secretary may use up to #be percent of authority provided for commitments to guarantee loans under this title for projects-- 7#a7 that are receiving financial support or credit enhancements from a ,state energy financing institution2 and 7#b7 that meet the requirements of paragraph 7#a7 of subsection 7a71 but do not meet the requirements of paragraph 7#b7 of subsection 7a74 7e7 ,emission levels and tax credits ,subsections 7d7 and 7e7 of section #agjc shall apply with respect to projects receiving guarantees under this section4 4 7#b7 ,applicability ,section #agjb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7 is further amended by adding at the end the following3 7q7 ,applicability ,the ,secretary shall not1 for a period of #aj years after the date of enactment of this subsection1 enter into a loan guarantee agreement for an eligible project-- 7#a7 under section #agjc;,a2 or 7#b7 that is receiving financial support or credit enhancements from a ,state energy financing institution4 4 7#c7 ,conforming amendments 7,a7 ,definition of eligible projects ,section #agja7c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeaa7c77 is amended by inserting or section #agjc;,a after section #agjc4 7,b7 ,table of contents ,the table of contents for the ,energy ,policy ,act of #bjje is amended by inserting after the item relating to section #agjc the following3 ,sec4 #agjc;,a4 ,other eligible projects4 4 #iejb4 ,authorization of appropriations ,section #agjd of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afead7 is amended by adding at the end the following3 7c7 ,administrative and other expenses ,there are authorized to be appropriated-- 7#a7 #cb1jjj1jjj for each of fiscal years #bjba through #bjbe to carry out this title2 and 7#b7 for fiscal year #bjba1 in addition to amounts authorized under paragraph 7#a71 #be1jjj1jjj1 to remain available until expended1 for administrative expenses described in section #agjb7;h77#a7 that are not covered by fees collected pursuant to section #agjb7;h74 4 ,x ,critical ,materials #ajaja4 ,definitions ,in this title3 7#a7 ,appropriate congressional committees ,the term appropriate ,congressional committees means the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,energy and ,natural ,resources of the ,senate4 7#b7 ,center ,the term ,center means the ,critical ,materials ,information ,center established under section #ajabb7;a74 7#c7 ,department ,the term ,department means the ,department of ,energy4 7#d7 ,energy critical material ,the term energy critical material means any of a class of non-fuel materials that have a high risk of a supply disruption and are critical to one or more existing or new1 energy-related technologies such that a substantial supply disruption of such material would significantly inhibit large-scale deployment of technologies that produce1 transmit1 store1 or conserve energy4 7#e7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 7#f7 ,program ,the term program means the program authorized in section #ajaba7;a74 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 ,a ,energy ,critical ,materials #ajaba4 ,energy critical materials program 7a7 ,authorization of program 7#a7 ,in general ,the ,secretary shall carry out a cross-cutting program of research1 development1 demonstration1 and commercial application to assure the long-term1 secure1 and sustainable supply of energy critical materials sufficient to satisfy the national security1 economic well-being1 public health1 and industrial production needs of the ,united ,states4 ,this program may be carried out primarily by an ,energy ,innovation ,hub established under section #bjf of the ,department of ,energy ,research ,coordination ,act 7#db ,u4,s4,c4 #ahfcb74 7#b7 ,program activities ,in carrying out this program1 the ,secretary shall focus on areas that the private sector by itself is not likely to undertake because of technical and financial uncertainty and support activities to-- 7,a7 identify1 develop1 and test alternative minerals1 metals1 and replacement materials that-- 7i7 can be substituted for energy critical materials and maintain or exceed current performance2 or 7ii7 enable new component and system design options that lessen the need for energy critical materials2 particularly those alternative materials with existing production sources within the ,united ,states and not subject to substantial supply disruptions2 7,b7 engineer and test diverse applications that-- 7i7 accelerate recycling and use of recycled energy critical materials2 7ii7 use alternative materials2 or 7iii7 seek to minimize energy critical material content2 7,c7 develop innovative technologies and practices to diversify commercially viable and sustainable domestic sources of energy critical materials1 including technologies for recovery from waste streams1 more efficient recovery of coproducts and byproducts1 and reduction of energy intensity1 environmental impact1 and costs of the extraction1 production1 separation1 alloying1 and processing of energy critical materials2 7,d7 improve the understanding of the performance1 processing1 and adaptability in engineering designs using energy critical materials2 7,e7 develop advanced theoretical1 computational1 and experimental tools necessary to support the crosscutting research and development needs of diverse critical materials stakeholders2 7,f7 ensure that relevant facilities are available and equipped to assist in carrying out the direction of the program2 7,g7 advance new mapping and analytical technologies and techniques that identify and characterize domestic critical materials resources2 and 7,h7 improve the understanding of energy critical material supply chains1 risks from supply disruption1 supply restriction1 volatility in demand1 and ability to substitute4 7#c7 ,coordination ,in carrying out the program under subsection 7a7 the ,secretary of ,energy shall coordinate and leverage resources and expertise across the ,department and from-- 7,a7 ,federal agencies2 7,b7 ,national ,laboratories2 7,c7 academic institutions2 7,d7 private sector entities1 including small businesses2 7,e7 nongovernmental organizations2 and 7,f7 other relevant entities or individuals4 7#d7 ,expanding participation ,in carrying out the program1 the ,secretary shall encourage multidisciplinary collaborations of participants1 including opportunities for students and post-doctoral staff at institutions of higher education4 7#e7 ,international collaboration ,in carrying out the program1 the ,secretary shall collaborate1 to the extent practicable1 on activities of mutual interest with the relevant agencies and nongovernmental organizations of foreign countries with interests relating to energy critical materials4 7b7 ,plan 7#a7 ,in general ,within #ahj days after the date of enactment of this ,act and biennially thereafter1 the ,secretary shall prepare and submit to the appropriate ,congressional committees a plan to carry out the program4 7#b7 ,specific requirements ,the plan required under paragraph 7#a7 shall include a description of-- 7,a7 the research and development activities to be carried out by the program during the subsequent #b years2 7,b7 the expected contributions of the program to the creation of innovative methods and technologies for the efficient and sustainable provision of energy critical materials to the domestic economy2 7,c7 the expected activities of the program to mitigate the adverse environmental and health impacts of the extraction1 processing1 manufacturing1 use1 recovery1 and recycling of energy critical materials2 and 7,d7 how the program is promoting the broadest possible participation by academic1 industrial1 the public1 and other contributors4 7#c7 ,consultation ,in preparing each plan under paragraph 7#a71 the ,secretary shall consult with appropriate representatives of industry1 institutions of higher education1 ,department of ,energy national laboratories1 professional and technical societies1 other ,federal agencies1 ,states1 tribes1 the public1 and other entities1 as determined by the ,secretary4 7c7 ,coordination and nonduplication ,to the maximum extent practicable1 the ,secretary shall ensure that the activities carried out under this subtitle are coordinated with1 and do not unnecessarily duplicate the efforts of1 other programs within the ,federal ,government4 7d7 ,standard of review ,not later than #b years after the date of the enactment of this ,act the ,secretary of ,energy shall conduct a review of activities carried out under this program described in subsection 7a7 to determine the achievement of technical milestones established in subsection 7e74 7e7 ,critical materials consortium 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,energy shall establish and operate a ,critical ,materials ,consortium 7referred to in this section as the ,consortium7 for the purpose of supporting the program under subsection 7a7 by providing1 to the maximum extent practicable1 a centralized entity for multidisciplinary1 collaborative1 critical materials research and development4 7#b7 ,leadership ,if an ,energy ,innovation ,hub1 consistent with section #bjf of the ,department of ,energy ,research ,coordination ,act1 that is focused on energy critical materials exists on the date of enactment of this ,act1 then the ,secretary shall leverage the personnel and expertise of such a ,hub to manage the ,consortium for at least a #c year period following the establishment of the ,consortium4 7#c7 ,membership ,the members of the ,consortium shall be representatives from relevant ,federal agencies1 the ,national ,laboratories1 institutions of higher education1 private sector entities1 multi-institutional collaborations1 and other appropriate entities4 7#d7 ,activities ,the ,consortium shall-- 7,a7 develop and implement a multi-year program plan which includes the determination of technical goals and milestones and prioritizes leveraging of the user facilities1 high performance computing capabilities1 and expertise of the ,department of ,energy and the ,national ,laboratories2 and 7,b7 submit an annual report to the ,secretary of ,energy summarizing the activities of the ,consortium which includes an evaluation of the ,consortium's role in the achievement of technical milestones determined in subparagraph 7,a74 7#e7 ,duration ,the ,consortium established under this subsection shall receive support for a period of not more than #e years1 subject to the availability of appropriations4 7#f7 ,renewal ,upon the expiration of any period of support of the ,consortium1 the ,secretary of ,energy may renew support for the ,consortium1 on a merit-reviewed basis1 for a period of not more than #e years4 7#g7 ,termination ,consistent with the existing authorities of the ,department1 the ,secretary of ,energy may terminate the ,consortium for cause during the performance period4 7f7 ,critical materials and supply chain research facility ,the ,secretary shall support construction of a facility that provides an integrated1 rapidly reconfigurable research platform to further enable research and development activities throughout the supply chain for energy critical materials4 7g7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary of ,energy #ace1jjj1jjj for each of fiscal years #bjba through #bjbe to carry out this section4 #ajabb4 ,critical materials research database and information center 7a7 ,in general ,in carrying out the program established under section #ajaba1 the ,secretary1 in consultation with the ,director of the ,national ,science ,foundation shall establish and operate a ,critical ,materials ,information ,center to collect1 catalogue1 disseminate1 and archive information on energy critical materials in coordination with the ,office of ,scientific and ,technical ,information of the ,department of ,energy1 and support the development of a web-based platform to provide public access to a database of computed information on known and predicted critical materials and related material properties and computational tools in order to-- 7#a7 accelerate breakthroughs in energy critical materials identification and design2 7#b7 strengthen the foundation for technologies that will enable more sustainable recycling1 substitution1 use1 and recovery and minimize the environmental impacts of methods for extraction1 processing1 and manufacturing of energy critical materials2 and 7#c7 drive the development of advanced materials for applications that span the ,department's missions in energy1 environment1 and national security4 7b7 ,activities ,in carrying out this section1 the ,secretary shall-- 7#a7 conduct cooperative research with industry1 academia1 and other research institutions to facilitate the design of novel materials1 including critical materials and substitutes for critical materials2 7#b7 leverage existing high-performance computing systems to conduct high throughput calculations and develop computing and data mining algorithms for the prediction of material properties1 including a focus on critical materials2 7#c7 leverage and support research in mineralogy and mineral chemistry to enhance the understanding1 prediction1 and manipulation of critical materials2 7#d7 assist scientists and engineers in making the fullest possible use of the ,department's relevant data holdings1 including the scientific and technical data generated by the research and development activities funded under section #ajba2 7#e7 seek and incorporate other information on energy critical materials to enhance the ,department's utility for program participants and other users2 7#f7 manage and make available to researchers and the public accessible1 curated1 standardized1 secure1 and privacy protected data sets from the public and private sectors for the purposes of critical materials research and development activities4 7c7 ,coordination ,to carry out this section1 the ,secretary of ,energy shall leverage and ensure the coordination of relevant programs1 facilities1 and activities across the ,department1 including the ,critical ,materials ,consortium established under section #ajaba7;e74 7d7 ,security ,in carrying out the activities authorized by this section1 the ,secretary of ,energy1 in consultation with the ,director of the ,national ,science ,foundation1 shall ensure proper security controls are in place to protect proprietary or sensitive data1 as appropriate4 #ajabc4 ,critical materials interagency subcommittee 7a7 ,in general ,the ,critical ,minerals ,subcommittee of the ,national ,science and ,technology ,council 7referred to in this section as the ,subcommittee71 shall coordinate ,federal science and technology efforts to ensure secure1 reliable1 and environmentally sustainable supplies of critical materials to the ,united ,states4 7b7 ,purposes the purposes of the ,subcommittee shall be-- 7#a7 to advise and assist the ,national ,science and ,technology ,council1 including the ,committee on ,homeland and ,national ,security1 on ,united ,states policies1 procedures1 and plans as it relates to critical materials1 including-- 7,a7 ,federal research1 development1 and commercial application efforts to minimize the environmental impacts of methods for extractions1 concentration1 separation and purification of conventional1 secondary1 and unconventional sources of critical materials2 7,b7 efficient use1 substitution1 and reuse of critical materials2 7,c7 the critical materials workforce of the ,united ,states2 and 7,d7 ,united ,states private industry investments in innovation and technology transfer from federally funded science and technology2 7#b7 to identify emerging opportunities1 stimulate international cooperation1 and foster the development of secure and reliable supply chains of critical materials and establish scenario modeling systems for supply problems of critical materials and energy critical materials2 7#c7 to ensure the transparency of information and data related to critical materials2 and 7#d7 to provide recommendations on coordination and collaboration among the research1 development1 and deployment programs and activities of ,federal agencies to promote a secure and reliable supply of critical materials necessary to maintain national security1 economic well-being1 public health1 and industrial production4 7c7 ,responsibilities ,in carrying out paragraphs 7#a7 and 7#b71 the ,subcommittee may1 taking into account the findings and recommendations of relevant advisory committees-- 7#a7 provide recommendations on how ,federal agencies may improve the topographic1 geologic1 and geophysical mapping of the ,united ,states and improve the discoverability1 accessibility1 and usability of the resulting and existing data1 to the extent permitted by law and subject to appropriate limitation for purposes of privacy and security2 assess the progress towards developing critical materials recycling and reprocessing technologies1 and technological alternatives to critical materials2 7#b7 establish a mechanism for the coordination and evaluation of ,federal programs with energy critical material needs1 including ,federal programs involving research and development1 in a manner that complements related efforts carried out by the private sector and other domestic and international agencies and organizations2 7#c7 examine options for accessing and developing critical materials through investment and trade with our allies and partners and provide recommendations2 7#d7 evaluate and provide recommendations to incentivize the development and use of advances in science and technology in the private industry2 7#e7 assess the need for and make recommendations to address the challenges the ,united ,states critical materials supply chain workforce faces1 including aging and retiring personnel and faculty1 and foreign competition for ,united ,states talent2 7#f7 develop1 and update as necessary1 a strategic plan to guide ,federal programs and activities to enhance scientific and technical capabilities across critical material supply chains1 including a roadmap that identifies key research and development needs and coordinates on-going activities for source diversification1 more efficient use1 recycling1 and substitution for critical materials2 as well as cross-cutting mining science1 data science techniques1 materials science1 manufacturing science and engineering1 computational modeling1 and environmental health and safety research and development2 and 7#g7 assess the need for1 and make recommendations concerning1 the availability and adequacy of the supply of technically trained personnel necessary for energy critical materials research1 development1 extraction1 and industrial production1 with a particular focus on the problem of attracting and maintaining high-quality professionals for maintaining an adequate supply of energy critical materials2 and 7#h7 report to the appropriate ,congressional committees on activities and findings under this section4 ,b ,national ,materials and ,minerals ,policy1 ,research1 and ,development #ajada4 ,amendments to ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7a7 ,program plan ,section #e of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afjd7 is amended-- 7#a7 by striking date of enactment of this ,act each place it appears and inserting date of enactment of the ,clean ,economy ,jobs and ,innovation ,act2 7#b7 in subsection 7b77#a71 by striking ,federal ,coordinating ,council for ,science1 ,engineering1 and ,technology and inserting ,national ,science and ,technology ,council2 7#c7 in subsection 7c7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking the ,federal ,emergency and all that follows through ,agency1 and2 and 7ii7 by striking appropriate shall and inserting appropriate1 shall2 7,b7 by striking paragraph 7#a72 7,c7 in paragraph 7#b71 by striking in the case and all that follows through subsection12 7,d7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#a7 and 7#b71 respectively2 and 7,e7 by amending paragraph 7#b71 as so redesignated1 to read as follows3 7#b7 assess the adequacy and stability of the supply of materials necessary to maintain national security1 economic well-being1 public health1 and industrial production4 2 7#d7 by striking subsection 7d72 and 7#e7 by redesignating subsections 7e7 and 7f7 as subsections 7d7 and 7e71 respectively4 7b7 ,policy ,section #c of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afjb7 is amended-- 7#a7 by striking ,the ,congress declares that it and inserting ,it2 and 7#b7 by striking ,the ,congress further declares that implementation and inserting ,implementation4 7c7 ,implementation ,section #d of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afjc7 is amended1 in the matter preceding paragraph 7#a7-- 7#a7 by striking ,for the purpose and all that follows through declares that the and inserting ,the2 and 7#b7 by striking departments and agencies1 and inserting departments and agencies to implement the policy specified in section #c4 #ajadb4 ,conforming repeal ,the ,national ,critical ,materials ,act of #aihd 7#cj ,u4,s4,c4 #ahja et seq47 is repealed4 ,,xi ,environmental ,justice #aajja4 ,definitions ,in this title3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,advisory council ,the term ,advisory ,council means the ,national ,environmental ,justice ,advisory ,council described in section #aajji4 7#c7 ,aggrieved person ,the term aggrieved person means a person aggrieved by discrimination on the basis of race1 color1 or national origin4 7#d7 ,clearinghouse ,the term ,clearinghouse means the ,environmental ,justice ,clearinghouse established by the ,administrator under section #aajjg4 7#e7 ,community of color ,the term community of color means any geographically distinct area the population of color of which is higher than the average population of color of the ,state in which the community is located4 7#f7 ,community-based science ,the term community-based science means voluntary public participation in the scientific process and the incorporation of data and information generated outside of traditional institutional boundaries to address real-world problems in ways that may include formulating research questions1 conducting scientific experiments1 collecting and analyzing data1 interpreting results1 making new discoveries1 developing technologies and applications1 and solving complex problems1 with an emphasis on the democratization of science and the engagement of diverse people and communities4 7#g7 ,demonstrates ,the term demonstrates means meets the burdens of going forward with the evidence and of persuasion4 7#h7 ,director ,the term ,director means the ,director of the ,national ,institute of ,environmental ,health ,sciences4 7#i7 ,disparate impact ,the term disparate impact means an action or practice that1 even if appearing neutral1 actually has the effect of subjecting persons to discrimination because of their race1 color1 or national origin4 7#aj7 ,disproportionate burden of adverse human health or environmental effects ,the term disproportionate burden of adverse human health or environmental effects means a situation where there exists higher or more adverse human health or environmental effects on communities of color1 low-income communities1 and ,tribal and indigenous communities4 7#aa7 ,environmental justice ,the term environmental justice means the fair treatment and meaningful involvement of all individuals1 regardless of race1 color1 culture1 national origin1 educational level1 or income1 with respect to the development1 implementation1 and enforcement of environmental laws1 regulations1 and policies to ensure that-- 7,a7 populations of color1 communities of color1 ,tribal and indigenous communities1 and low-income communities have access to public information and opportunities for meaningful public participation relating to human health and environmental planning1 regulations1 and enforcement2 7,b7 ,each population of color or community of color1 ,tribal and indigenous community1 or low-income community enjoy the same degree of protection from pollution or other environmental and health hazards2 and 7,c7 the #ag ,principles of ,environmental ,justice written and adopted at the ,first ,national ,people of ,color ,environmental ,leadership ,summit held on ,october #bd through #bg1 #aiia1 in ,washington1 ,,dc1 are upheld4 7#ab7 ,environmental justice community ,the term environmental justice community means a community with significant representation of communities of color1 low-income communities1 or ,tribal and indigenous communities1 that experiences1 or is at risk of experiencing higher or more adverse human health or environmental effects4 7#ac7 ,fair treatment ,the term fair treatment means the conduct of a program1 policy1 practice or activity by a ,federal agency in a manner that ensures that no group of individuals 7including racial1 ethnic1 or socioeconomic groups7 experience a disproportionate burden of adverse human health or environmental effects resulting from such program1 policy1 practice1 or activity1 as determined through consultation with1 and with the meaningful participation of1 individuals from the communities affected by a program1 policy1 practice or activity of a ,federal agency4 7#ad7 ,federal agency ,the term ,federal agency means-- 7,a7 each ,federal agency represented on the ,working ,group2 and 7,b7 any other ,federal agency that carries out a ,federal program or activity that substantially affects human health or the environment1 as determined by the ,president4 7#ae7 ,tribal and indigenous community ,the term ,tribal and indigenous community refers to a population of people who are members of-- 7,a7 a federally recognized ,indian ,tribe2 7,b7 a ,state-recognized ,indian ,tribe2 7,c7 an ,alaska ,native or ,native ,hawaiian community or organization2 and 7,d7 any other community of indigenous people located in a ,state4 7#af7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#ag7 ,infrastructure ,the term infrastructure means any system for safe drinking water1 sewer collection1 solid waste disposal1 electricity generation1 communication1 or transportation access 7including highways1 airports1 marine terminals1 rail systems1 and residential roads7 that is used to effectively and safely support-- 7,a7 housing2 7,b7 an educational facility2 7,c7 a medical provider2 7,d7 a park or recreational facility2 or 7,e7 a local business4 7#ah7 ,local government ,the term local government means-- 7,a7 a county1 municipality1 city1 town1 township1 local public authority1 school district1 special district1 intrastate district1 council of governments 7regardless of whether the council of governments is incorporated as a nonprofit corporation under ,state law71 regional or interstate governmental entity1 or agency or instrumentality of a local government2 or 7,b7 an ,indian ,tribe or authorized ,tribal organization1 or ,alaska ,native village or organization1 that is not a ,tribal ,government4 7#ai7 ,low income ,the term low income means an annual household income equal to1 or less than1 the greater of-- 7,a7 an amount equal to #hj percent of the median income of the area in which the household is located1 as reported by the ,department of ,housing and ,urban ,development2 and 7,b7 #bjj percent of the ,federal poverty line4 7#bj7 ,low-income community ,the term low income community means any census block group in which #cj percent or more of the population are individuals with low income4 7#ba7 ,meaningful ,the term meaningful1 with respect to involvement by the public in a determination by a ,federal agency1 means that-- 7,a7 potentially affected residents of a community have an appropriate opportunity to participate in decisions regarding a proposed activity that will affect the environment or public health of the community2 7,b7 the public contribution can influence the determination by the ,federal agency2 7,c7 the concerns of all participants involved are taken into consideration in the decision-making process2 and 7,d7 the ,federal agency-- 7i7 provides to potentially affected members of the public relevant and accurate information regarding the activity potentially affecting the environment or public health of affected members of the public2 and 7ii7 facilitates the involvement of potentially affected members of the public4 7#bb7 ,population ,the term population means a census block group or series of geographically contiguous blocks representing certain common characteristics1 such as 7but not limited to7 race1 ethnicity1 national origin1 income-level1 health disparities1 or other public health and socioeconomic attributes4 7#bc7 ,population of color ,the term population of color means a population of individuals who identify as-- 7,a7 ,black2 7,b7 ,african ,american2 7,c7 ,asian2 7,d7 ,pacific ,islander2 7,e7 another non-,white race2 7,f7 ,hispanic2 7,g7 ,latino2 or 7,h7 linguistically isolated4 7#bd7 ,publish ,the term publish means to make publicly available in a form that is-- 7,a7 generally accessible1 including on the internet and in public libraries2 and 7,b7 accessible for-- 7i7 individuals who are limited in ,english proficiency1 in accordance with ,executive ,order ,no4 #acaff 7#fe ,fed4 ,reg4 #ejaba 7,august #af1 #bjjj772 and 7ii7 individuals with disabilities4 7#be7 ,state ,the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 7#bf7 ,tribal government ,the term ,tribal ,government means the governing body of an ,indian ,tribe4 7#bg7 ,working group ,the term ,working ,group means the interagency ,federal ,working ,group on ,environmental ,justice convened under section #a-ajb of ,executive ,order ,no4 #abhih 7#db ,u4,s4,c4 #dcba note71 as amended by ,executive ,order ,no4 #abidh 7#fj ,fed4 ,reg4 #fcha 7,january #cj1 #aiie77 and modified by this title4 7#bh7 ,climate justice ,the term climate justice means the fair treatment and meaningful involvement of all individuals1 regardless of race1 color1 culture1 national origin1 educational level1 or income1 with respect to the development1 implementation1 and enforcement of policies and projects that address climate change1 a recognition of the historical responsibilities for climate change1 and a commitment that the people and communities least responsible for climate change1 and most vulnerable to the impacts of climate change1 do not suffer disproportionately as a result of historical injustice and disinvestment4 7#bi7 ,natural infrastructure ,the term natural infrastructure means infrastructure that uses1 restores1 or emulates natural ecological processes and-- 7,a7 is created through the action of natural physical1 geological1 biological1 and chemical processes over time2 7,b7 is created by human design1 engineering1 and construction to emulate or act in concert with natural processes2 or 7,c7 involves the use of plants1 soils1 and other natural features1 including through the creation1 restoration1 or preservation of vegetated areas using materials appropriate to the region to manage stormwater and runoff1 to attenuate flooding and storm surges1 and for other related purposes4 #aajjb4 ,environmental justice community technical assistance grants 7a7 ,in general ,the ,administrator may award grants to eligible entities to enable such entities to participate in decisions impacting the health and safety of their communities in connection with an actual or potential release of a covered hazardous air pollutant4 7b7 ,timing 7#a7 ,guidance ,not later than #ab months after the date of enactment of this section1 the ,administrator shall publish guidance describing the process for eligible entities to apply for a grant under this section1 including the required content and form of applications1 the manner in which applications must be submitted1 and any applicable deadlines4 7#b7 ,first grant ,not later than #ahj days after the issuance of guidance under paragraph 7#a71 the ,administrator shall award the first grant under this section4 7c7 ,eligible entity ,to be eligible for a grant under this section1 an applicant shall be a group of individuals who reside in a community that-- 7#a7 is a population of color1 a community of color1 a ,tribal and indigenous community1 or a low-income community2 and 7#b7 is in close proximity to the site of an actual or potential release of a covered hazardous air pollutant4 7d7 ,use of funds ,an eligible entity receiving a grant under this section shall use the grant to participate in decisions impacting the health and safety of the community involved in connection with an actual or potential release of a covered hazardous air pollutant1 including-- 7#a7 interpreting information with regard to the nature of the hazard1 cumulative impacts studies1 health impacts studies1 remedial investigation and feasibility studies1 agency decisions1 remedial design1 and operation and maintenance of necessary monitors2 and 7#b7 performing additional air pollution monitoring4 7e7 ,limitations on amount2 renewal 7#a7 ,amount 7,a7 ,in general ,the amount of a grant under this section 7excluding any renewals of the grant7 may not exceed #ej1jjj for any grant recipient4 7,b7 ,exception ,the ,administrator may waive the limitation in subparagraph 7,a7 with respect to an applicant in any case where the ,administrator determines that such waiver is necessary for the community involved to obtain the necessary technical assistance4 7#b7 ,renewal ,grants may be renewed for each step in the regulatory1 removal1 or remediation process in connection with a facility with the potential to release a covered hazardous air pollutant4 7f7 ,definition of covered hazardous air pollutant ,in this section1 the term covered hazardous air pollutant means a hazardous air pollutant 7as defined in section #aab of the ,clean ,air ,act7 that-- 7#a7 is listed on the toxics release inventory under section #cac7;c7 of the ,emergency ,planning and ,community ,right-,to-,know ,act of #aihf2 or 7#b7 is identified as carcinogenic by an assessment under the ,integrated ,risk ,information ,system 7,,iris7 of the ,environmental ,protection ,agency4 #aajjc4 ,interagency ,federal working group on environmental justice 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,administrator shall convene1 as appropriate to carry out this section1 the ,working ,group4 7b7 ,requirements 7#a7 ,composition ,the ,working ,group shall be comprised of the following 7or a designee73 7,a7 ,the ,secretary of ,agriculture4 7,b7 ,the ,secretary of ,commerce4 7,c7 ,the ,secretary of ,defense4 7,d7 ,the ,secretary of ,energy4 7,e7 ,the ,secretary of ,health and ,human ,services4 7,f7 ,the ,secretary of ,homeland ,security4 7,g7 ,the ,secretary of ,housing and ,urban ,development4 7,h7 ,the ,secretary of the ,interior4 7,i7 ,the ,secretary of ,labor4 7,j7 ,the ,secretary of ,transportation4 7,k7 ,the ,attorney ,general4 7,l7 ,the ,administrator4 7,m7 ,the ,director of the ,office of ,environmental ,justice4 7,n7 ,the ,chairman of the ,consumer ,product ,safety ,commission4 7,o7 ,the ,chairperson of the ,chemical ,safety ,board4 7,p7 ,the ,director of the ,office of ,management and ,budget4 7,q7 ,the ,director of the ,office of ,science and ,technology ,policy4 7,r7 ,the ,chair of the ,council on ,environmental ,quality4 7,s7 ,the ,assistant to the ,president for ,domestic ,policy4 7,t7 ,the ,director of the ,national ,economic ,council4 7,u7 ,the ,chairman of the ,council of ,economic ,advisers4 7,v7 ,the ,secretary of ,education4 7,w7 ,the ,deputy ,assistant to the ,president for ,environmental ,policy4 7,x7 ,the ,director of the ,national ,institutes of ,health4 7,y7 ,the ,director of the ,national ,park ,service4 7,z7 ,the ,assistant ,secretary of the ,bureau of ,indian ,affairs4 7,,aa7 ,the ,chairperson of the ,national ,environmental ,justice ,advisory ,council4 7,,bb7 ,such other ,federal officials as the ,president may designate4 7#b7 ,functions ,the ,working ,group shall-- 7,a7 report to the ,president through the ,chair of the ,council on ,environmental ,quality2 7,b7 provide guidance to ,federal agencies regarding criteria for identifying disproportionately high and adverse human health or environmental effects-- 7i7 on populations of color1 communities of color1 ,tribal and indigenous communities1 and low-income communities2 and 7ii7 on the basis of race1 color1 national origin1 or income2 7,c7 coordinate with1 provide guidance to1 and serve as a clearinghouse for1 each ,federal agency with respect to the implementation and updating of an environmental justice strategy required under this title1 in order to ensure that the administration1 interpretation1 and enforcement of programs1 activities1 and policies are carried out in a consistent manner2 7,d7 assist in coordinating research by1 and stimulating cooperation among1 the ,environmental ,protection ,agency1 the ,department of ,health and ,human ,services1 the ,department of ,housing and ,urban ,development1 and other ,federal agencies conducting research or other activities in accordance with this title2 7,e7 identify1 based in part on public recommendations contained in ,federal agency progress reports1 important areas for ,federal agencies to take into consideration and address1 as appropriate1 in environmental justice strategies and other efforts2 7,f7 assist in coordinating data collection and maintaining and updating appropriate databases1 as required by this title2 7,g7 examine existing data and studies relating to environmental justice2 7,h7 hold public meetings and otherwise solicit public participation under paragraph 7#c72 and 7,i7 develop interagency model projects relating to environmental justice that demonstrate cooperation among ,federal agencies4 7#c7 ,public participation ,the ,working ,group shall-- 7,a7 hold public meetings or otherwise solicit public participation and community-based science for the purpose of fact-finding with respect to the implementation of this title2 and 7,b7 prepare for public review and publish a summary of any comments and recommendations provided4 7c7 ,judicial review and rights of action ,any person may commence a civil action-- 7#a7 to seek relief from1 or to compel1 an agency action under this section 7including regulations promulgated pursuant to this section72 or 7#b7 otherwise to ensure compliance with this section 7including regulations promulgated pursuant to this section74 #aajjd4 ,federal agency actions to address environmental justice 7a7 ,federal agency responsibilities 7#a7 ,environmental justice mission ,to the maximum extent practicable and permitted by applicable law1 each ,federal agency shall make achieving environmental justice part of the mission of the ,federal agency by identifying1 addressing1 and mitigating disproportionately high and adverse human health or environmental effects of the programs1 policies1 and activities of the ,federal agency on populations of color1 communities of color1 ,tribal and indigenous communities1 and low-income communities in the ,united ,states 7including the territories and possessions of the ,united ,states and the ,district of ,columbia74 7#b7 ,nondiscrimination ,each ,federal agency shall conduct any program1 policy1 or activity that substantially affects human health or the environment in a manner that ensures that the program1 policy1 or activity does not have the effect of excluding any individual or group from participation in1 denying any individual or group the benefits of1 or subjecting any individual or group to discrimination under1 the program1 policy1 or activity because of race1 color1 or national origin4 7#c7 ,strategies 7,a7 ,agencywide strategies ,each ,federal agency shall implement and update1 not less frequently than annually1 an agencywide environmental justice strategy that identifies and includes strategies to address disproportionally high and adverse human health or environmental effects of the programs1 policies1 spending1 and other activities of the ,federal agency with respect to populations of color1 communities of color1 ,tribal and indigenous communities1 and low-income communities1 including1 as appropriate for the mission of the ,federal agency1 with respect to the following areas3 7i7 ,implementation of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7ii7 ,implementation of title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 7including regulations promulgated pursuant to that title74 7iii7 ,implementation of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq474 7iv7 ,impacts from the lack of infrastructure1 or from deteriorated infrastructure4 7v7 ,impacts from land use4 7vi7 ,impacts from climate change4 7vii7 ,impacts from commercial transportation4 7viii7 ,strategies for the implementation of agency programs1 policies1 and activities to provide for-- 7,i7 equal protection from environmental and health hazards for populations of color1 communities of color1 ,tribal and indigenous communities1 and low-income communities2 7,,ii7 equal opportunity for public involvement and due process to populations of color1 communities of color1 ,tribal and indigenous communities1 and low-income communities in the development1 implementation1 and enforcement of agency programs1 policies1 and activities2 7,,iii7 improved technical assistance and access to information to populations of color1 communities of color1 ,tribal and indigenous communities1 and low-income communities regarding the impacts of agency programs1 policies1 and activities on environmental justice communities2 7,,iv7 improved agency cooperation with ,state governments1 ,tribal ,governments1 and local governments to address pollution and public health burdens for populations of color1 communities of color1 ,tribal and indigenous communities1 and low-income communities4 7,b7 ,revisions 7i7 ,in general ,each strategy developed and updated pursuant to subparagraph 7,a7 shall identify programs1 policies1 planning and public participation processes1 rulemaking1 agency spending1 and enforcement activities relating to human health or the environment that may be revised1 at a minimum-- 7,i7 to promote enforcement of all health1 environmental1 and civil rights laws and regulations in areas containing populations of color1 communities of color1 ,tribal and indigenous communities1 and low-income communities2 7,,ii7 to ensure greater public participation2 7,,iii7 to provide increased access to infrastructure2 7,,iv7 to improve research and data collection relating to the health and environment of populations of color1 communities of color1 ,tribal and indigenous communities1 and low-income communities1 including through the increased use of community-based science2 and 7,v7 to identify differential patterns of use of natural resources among populations of color1 communities of color1 ,tribal and indigenous communities1 and low-income communities4 7ii7 ,timetables ,each strategy implemented and updated pursuant to subparagraph 7,a7 shall include a timetable for undertaking revisions identified pursuant to clause 7i74 7,c7 ,progress reports ,not later than #a year after the date of enactment of this ,act1 and not less frequently than once every #e years thereafter1 each ,federal agency shall submit to ,congress and the ,working ,group1 and shall publish1 a progress report that includes1 with respect to the period covered by the report-- 7i7 a description of the current environmental justice strategy of the ,federal agency2 7ii7 an evaluation of the progress made by the ,federal agency at national and regional levels regarding implementation of the environmental justice strategy1 including-- 7,i7 metrics used by the ,federal agency to measure performance2 and 7,,ii7 the progress made by the ,federal agency toward-- 7aa7 the achievement of the metrics described in subclause 7,i72 and 7bb7 mitigating identified instances of environmental injustice2 7iii7 a description of the participation by the ,federal agency in interagency collaboration2 7iv7 responses to recommendations submitted by members of the public to the ,federal agency relating to the environmental justice strategy of the ,federal agency and the implementation by the ,federal agency of this title2 and 7v7 any updates or revisions to the environmental justice strategy of the ,federal agency1 including those resulting from public comments4 7#d7 ,public participation ,each ,federal agency shall-- 7,a7 ensure that meaningful opportunities exist for the public to submit comments and recommendations relating to the environmental justice strategy1 progress reports1 and ongoing efforts of the ,federal agency to incorporate environmental justice principles into the programs1 policies1 and activities of the ,federal agency2 7,b7 hold public meetings or otherwise solicit public participation and community-based science from populations of color1 communities of color1 ,tribal and indigenous communities1 and low-income communities for fact-finding1 receiving public comments1 and conducting inquiries concerning environmental justice2 and 7,c7 prepare for public review and publish a summary of the comments and recommendations provided4 7#e7 ,access to information ,each ,federal agency shall-- 7,a7 publish public documents1 notices1 and hearings relating to the programs1 policies1 and activities of the ,federal agency that affect human health or the environment2 and 7,b7 translate and publish any public documents1 notices1 and hearings relating to an action of the ,federal agency as appropriate for the affected population1 specifically in any case in which a limited ,english-speaking population may be disproportionately affected by that action4 7#f7 ,codification of guidance 7,a7 ,council on environmental quality ,notwithstanding any other provision of law1 sections ,,ii and ,,iii of the guidance issued by the ,council on ,environmental ,quality entitled ,environmental ,justice ,guidance ,under the ,national ,environmental ,policy ,act and dated ,december #aj1 #aiig1 are enacted into law4 7,b7 ,environmental protection agency ,notwithstanding any other provision of law1 the guidance issued by the ,environmental ,protection ,agency entitled ,,epa ,policy on ,consultation and ,coordination with ,indian ,tribes3 ,guidance for ,discussing ,tribal ,treaty ,rights and dated ,february #bjaf is enacted into law4 7b7 ,human health and environmental research1 data collection1 and analysis 7#a7 ,research ,each ,federal agency1 to the maximum extent practicable and permitted by applicable law1 shall-- 7,a7 in conducting environmental or human health research1 include diverse segments of the population in epidemiological and clinical studies1 including segments at high risk from environmental hazards1 such as-- 7i7 populations of color1 communities of color1 ,tribal and indigenous communities1 populations with low income1 and low-income communities2 7ii7 fenceline communities2 and 7iii7 workers who may be exposed to substantial environmental hazards2 7,b7 in conducting environmental or human health analyses1 identify multiple and cumulative exposures2 and 7,c7 actively encourage and solicit community-based science1 and provide to populations of color1 communities of color1 ,tribal and indigenous communities1 populations with low income1 and low income communities the opportunity to comment regarding the development and design of research strategies carried out pursuant to this title4 7#b7 ,disproportionate impact ,to the maximum extent practicable and permitted by applicable law 7including section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act771 each ,federal agency shall-- 7,a7 collect1 maintain1 and analyze information assessing and comparing environmental and human health risks borne by populations identified by race1 national origin1 or income2 and 7,b7 use that information to determine whether the programs1 policies1 and activities of the ,federal agency have disproportionally high and adverse human health or environmental effects on populations of color1 communities of color1 ,tribal and indigenous communities1 and low-income communities4 7#c7 ,information relating to non-federal facilities ,in connection with the implementation of ,federal agency strategies under subsection 7a77#c71 each ,federal agency1 to the maximum extent practicable and permitted by applicable law1 shall collect1 maintain1 and analyze information relating to the race1 national origin1 and income level1 and other readily accessible and appropriate information1 for fenceline communities in proximity to any facility or site expected to have a substantial environmental1 human health1 or economic effect on the surrounding populations1 if the facility or site becomes the subject of a substantial ,federal environmental administrative or judicial action4 7#d7 ,impact from federal facilities ,each ,federal agency1 to the maximum extent practicable and permitted by applicable law1 shall collect1 maintain1 and analyze information relating to the race1 national origin1 and income level1 and other readily accessible and appropriate information1 for fenceline communities in proximity to any facility of the ,federal agency that is-- 7,a7 subject to the reporting requirements under the ,emergency ,planning and ,community ,right-,to-,know ,act of #aihf 7#db ,u4,s4,c4 #aajja et seq471 as required by ,executive ,order ,no4 #abhih 7#db ,u4,s4,c4 #dcba note72 and 7,b7 expected to have a substantial environmental1 human health1 or economic effect on surrounding populations4 7c7 ,consumption of fish and wildlife 7#a7 ,in general ,each ,federal agency shall develop1 publish 7unless prohibited by law71 and revise1 as practicable and appropriate1 guidance on actions of the ,federal agency that will impact fish and wildlife consumed by populations that principally rely on fish or wildlife for subsistence4 7#b7 ,requirement ,the guidance described in paragraph 7#a7 shall-- 7,a7 reflect the latest scientific information available concerning methods for evaluating the human health risks associated with the consumption of pollutant-bearing fish or wildlife2 and 7,b7 publish the risks of such consumption patterns4 7d7 ,mapping and screening tool ,the ,administrator shall continue to make available to the public an environmental justice mapping and screening tool 7such as ,e,j,screen or an equivalent tool7 that includes1 at a minimum1 the following features3 7#a7 ,nationally consistent data4 7#b7 ,environmental data4 7#c7 ,demographic data1 including data relating to race1 ethnicity1 and income4 7#d7 ,capacity to produce maps and reports by geographical area4 7#e7 ,data on national parks and other federally protected natural1 historic1 and cultural sites4 7e7 ,judicial review and rights of action ,any person may commence a civil action-- 7#a7 to seek relief from1 or to compel1 an agency action under this section 7including regulations promulgated pursuant to this section72 or 7#b7 otherwise to ensure compliance with this section 7including regulations promulgated pursuant to this section74 7f7 ,information sharing ,in carrying out this section1 each ,federal agency1 to the maximum extent practicable and permitted by applicable law1 shall share information and eliminate unnecessary duplication of efforts through the use of existing data systems and cooperative agreements among ,federal agencies and with ,state1 local1 and ,tribal ,governments4 #aajje4 ,training of employees of ,federal agencies 7a7 ,initial training ,not later than #a year after the date of enactment of this ,act1 each employee of the ,department of ,energy1 the ,environmental ,protection ,agency1 the ,department of the ,interior1 and the ,national ,oceanic and ,atmospheric ,administration shall complete an environmental justice training program to ensure that each such employee-- 7#a7 has received training in environmental justice2 and 7#b7 is capable of-- 7,a7 appropriately incorporating environmental justice concepts into the daily activities of the employee2 and 7,b7 increasing the meaningful participation of individuals from environmental justice communities in the activities of the applicable agency4 7b7 ,mandatory participation ,effective on the date that is #a year after the date of enactment of this ,act1 each individual hired by the ,department of ,energy1 the ,environmental ,protection ,agency1 the ,department of the ,interior1 and the ,national ,oceanic and ,atmospheric ,administration after that date shall be required to participate in environmental justice training4 7c7 ,requirement relating to certain employees 7#a7 ,in general ,with respect to each ,federal agency that participates in the ,working ,group1 not later than #cj days after the date on which an individual is appointed to the position of environmental justice coordinator1 or any other position the responsibility of which involves the conduct of environmental justice activities1 the individual shall be required to possess documentation of the completion by the individual of environmental justice training4 7#b7 ,evaluation ,not later than #c years after the date of enactment of this ,act1 the ,inspector ,general of each ,federal agency that participates in the ,working ,group shall evaluate the training programs of such ,federal agency to determine if such ,federal agency has improved the rate of training of the employees of such ,federal agency to ensure that each employee has received environmental justice training4 #aajjf4 ,environmental justice basic training program 7a7 ,establishment ,the ,administrator shall establish a basic training program1 in coordination and consultation with nongovernmental environmental justice organizations1 to increase the capacity of residents of environmental justice communities to identify and address disproportionately adverse human health or environmental effects by providing culturally and linguistically appropriate-- 7#a7 training and education relating to-- 7,a7 basic and advanced techniques for the detection1 assessment1 and evaluation of the effects of hazardous substances on human health2 7,b7 methods to assess the risks to human health presented by hazardous substances2 7,c7 methods and technologies to detect hazardous substances in the environment2 7,d7 basic biological1 chemical1 and physical methods to reduce the quantity and toxicity of hazardous substances2 7,e7 the rights and safeguards currently afforded to individuals through policies and laws intended to help environmental justice communities address disparate impacts and discrimination1 including-- 7i7 laws adopted to protect human health and the environment2 and 7ii7 section #fjb of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#a72 7,f7 public engagement opportunities through the policies and laws described in subparagraph 7,e72 7,g7 materials available on the ,clearinghouse described in section #aajjg2 7,h7 methods to expand access to parks and other natural and recreational amenities2 and 7,i7 finding and applying for ,federal grants related to environmental justice2 and 7#b7 short courses and continuation education programs for residents of communities who are located in close proximity to hazardous substances to provide-- 7,a7 education relating to-- 7i7 the proper manner to handle hazardous substances2 7ii7 the management of facilities at which hazardous substances are located 7including facility compliance protocols72 and 7iii7 the evaluation of the hazards that facilities described in clause 7ii7 pose to human health2 and 7,b7 training on environmental and occupational health and safety with respect to the public health and engineering aspects of hazardous waste control4 7b7 ,grant ,program 7#a7 ,establishment ,in carrying out the basic training program established under subsection 7a71 the ,administrator may provide grants to1 or enter into any contract or cooperative agreement with1 an eligible entity to carry out any training or educational activity described in subsection 7a74 7#b7 ,eligible entity ,to be eligible to receive assistance under paragraph 7#a71 an eligible entity shall be an accredited institution of education in partnership with-- 7,a7 a community-based organization that carries out activities relating to environmental justice2 7,b7 a generator of hazardous waste2 7,c7 any individual who is involved in the detection1 assessment1 evaluation1 or treatment of hazardous waste2 7,d7 any owner or operator of a facility at which hazardous substances are located2 or 7,e7 any ,state government1 ,tribal ,government1 or local government4 7c7 ,plan 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,administrator1 in consultation with the ,director1 shall develop and publish in the ,federal ,register a plan to carry out the basic training program established under subsection 7a74 7#b7 ,contents ,the plan described in paragraph 7#a7 shall contain-- 7,a7 a list that describes the relative priority of each activity described in subsection 7a72 and 7,b7 a description of research and training relevant to environmental justice issues of communities adversely affected by pollution4 7#c7 ,coordination with federal agencies ,the ,administrator shall1 to the maximum extent practicable1 take appropriate steps to coordinate the activities of the basic training program described in the plan with the activities of other ,federal agencies to avoid any duplication of effort4 7d7 ,report 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter1 the ,administrator shall submit to the ,committees on ,energy and ,commerce and ,natural ,resources of the ,house of ,representative and the ,committees on ,environment and ,public ,works and ,energy and ,natural ,resources of the ,senate a report describing-- 7,a7 the implementation of the basic training program established under subsection 7a72 and 7,b7 the impact of the basic training program on improving training opportunities for residents of environmental justice communities4 7#b7 ,public availability ,the ,administrator shall make the report required under paragraph 7#a7 available to the public 7including by posting a copy of the report on the website of the ,environmental ,protection ,agency74 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj for each of fiscal years #bjba through #bjbe4 #aajjg4 ,environmental justice clearinghouse 7a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall establish a public internet-based clearinghouse1 to be known as the ,environmental ,justice ,clearinghouse4 7b7 ,contents ,the ,clearinghouse shall be comprised of culturally and linguistically appropriate materials related to environmental justice1 including-- 7#a7 information describing the activities conducted by the ,environmental ,protection ,agency to address issues relating to environmental justice2 7#b7 copies of training materials provided by the ,administrator to help individuals and employees understand and carry out environmental justice activities2 7#c7 links to web pages that describe environmental justice activities of other ,federal agencies2 7#d7 a directory of individuals who possess technical expertise in issues relating to environmental justice2 7#e7 a directory of nonprofit and community-based organizations1 including grassroots organizations led by people of color1 that address issues relating to environmental justice at the local1 ,state1 and ,federal levels 7with particular emphasis given to nonprofit and community-based organizations that possess the capability to provide advice or technical assistance to environmental justice communities72 and 7#f7 any other appropriate information as determined by the ,administrator1 including information on any resources available to help address the disproportionate burden of adverse human health or environmental effects on environmental justice communities4 7c7 ,consultation ,in developing the ,clearinghouse1 the ,administrator shall consult with individuals representing academic and community-based organizations who have expertise in issues relating to environmental justice4 7d7 ,annual review ,the ,advisory ,council shall-- 7#a7 conduct a review of the ,clearinghouse on an annual basis2 and 7#b7 recommend to the ,administrator any updates for the ,clearinghouse that the ,advisory ,council determines to be necessary for the effective operation of the ,clearinghouse4 #aajjh4 ,public meetings 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and biennially thereafter1 the ,administrator shall hold public meetings on environmental justice issues in each region of the ,environmental ,protection ,agency to gather public input with respect to the implementation and updating of environmental justice strategies and efforts of the ,environmental ,protection ,agency4 7b7 ,outreach to environmental justice communities ,the ,administrator1 in advance of the meetings described in subsection 7a71 shall to the extent practicable hold multiple meetings in environmental justice communities in each region to provide meaningful community involvement opportunities4 7c7 ,notice ,notice for the meetings described in subsections 7a7 and 7b7 shall be provided-- 7#a7 to applicable representative entities or organizations present in the environmental justice community including-- 7,a7 local religious organizations2 7,b7 civic associations and organizations2 7,c7 business associations of people of color2 7,d7 environmental and environmental justice organizations2 7,e7 homeowners'1 tenants'1 and neighborhood watch groups2 7,f7 local and ,tribal ,governments2 7,g7 rural cooperatives2 7,h7 business and trade organizations2 7,i7 community and social service organizations2 7,j7 universities1 colleges1 and vocational schools2 7,k7 labor organizations2 7,l7 civil rights organizations2 7,m7 senior citizens' groups2 and 7,n7 public health agencies and clinics2 7#b7 through communication methods that are accessible in the applicable environmental justice community1 which may include electronic media1 newspapers1 radio1 and other media particularly targeted at communities of color1 low-income communities1 and ,tribal and indigenous communities2 and 7#c7 at least #cj days before any such meeting4 7d7 ,communication methods and requirements ,the ,administrator shall-- 7#a7 provide translations of any documents made available to the public pursuant to this section in any language spoken by more than #e percent of the population residing within the applicable environmental justice community1 and make available translation services for meetings upon request2 and 7#b7 not require members of the public to produce a form of identification or register their names1 provide other information1 complete a questionnaire1 or otherwise fulfill any condition precedent to attending a meeting1 but if an attendance list1 register1 questionnaire1 or other similar document is utilized during meetings1 it shall state clearly that the signing1 registering1 or completion of the document is voluntary4 7e7 ,required attendance of certain employees ,in holding a public meeting under subsection 7a71 the ,administrator shall ensure that at least #a employee of the ,environmental ,protection ,agency at the level of ,assistant ,administrator is present at the meeting to serve as a representative of the ,environmental ,protection ,agency4 #aajji4 ,national environmental justice advisory council 7a7 ,establishment ,the ,president shall establish an advisory council1 to be known as the ,national ,environmental ,justice ,advisory ,council4 7b7 ,membership ,the ,advisory ,council shall be comprised of #bf members who have knowledge of1 or experience relating to1 the effect of environmental conditions on communities of color1 low-income communities1 and ,tribal and indigenous communities1 including-- 7#a7 representatives of-- 7,a7 community-based organizations that carry out initiatives relating to environmental justice1 including grassroots organizations led by people of color2 7,b7 ,state governments1 ,tribal ,governments1 and local governments2 7,c7 ,indian ,tribes and other indigenous groups2 7,d7 nongovernmental and environmental organizations2 and 7,e7 private sector organizations 7including representatives of industries and businesses72 and 7#b7 experts in the fields of-- 7,a7 socioeconomic analysis2 7,b7 health and environmental effects2 7,c7 exposure evaluation2 7,d7 environmental law and civil rights law2 and 7,e7 environmental health science research4 7c7 ,subcommittees2 workgroups 7#a7 ,establishment ,the ,advisory ,council may establish any subcommittee or workgroup to assist the ,advisory ,council in carrying out any duty of the ,advisory ,council described in subsection 7d74 7#b7 ,report ,upon the request of the ,advisory ,council1 each subcommittee or workgroup established by the ,advisory ,council under paragraph 7#a7 shall submit to the ,advisory ,council a report that contains-- 7,a7 a description of each recommendation of the subcommittee or workgroup2 and 7,b7 any advice requested by the ,advisory ,council with respect to any duty of the ,advisory ,council4 7d7 ,duties ,the ,advisory ,council shall provide independent advice and recommendations to the ,environmental ,protection ,agency with respect to issues relating to environmental justice1 including advice-- 7#a7 to help develop1 facilitate1 and conduct reviews of the direction1 criteria1 scope1 and adequacy of the scientific research and demonstration projects of the ,environmental ,protection ,agency relating to environmental justice2 7#b7 to improve participation1 cooperation1 and communication with respect to such issues-- 7,a7 within the ,environmental ,protection ,agency2 7,b7 between1 and among1 the ,environmental ,protection ,agency and ,federal agencies1 ,state and local governments1 ,indian ,tribes1 environmental justice leaders1 interest groups1 and the public2 7#c7 requested by the ,administrator to help improve the response of the ,environmental ,protection ,agency in securing environmental justice for communities of color1 low-income communities1 and ,tribal and indigenous communities2 and 7#d7 on issues relating to-- 7,a7 the developmental framework of the ,environmental ,protection ,agency with respect to the integration by the ,environmental ,protection ,agency of socioeconomic programs into the strategic planning1 annual planning1 and management accountability of the ,environmental ,protection ,agency to achieve environmental justice results throughout the ,environmental ,protection ,agency2 7,b7 the measurement and evaluation of the progress1 quality1 and adequacy of the ,environmental ,protection ,agency in planning1 developing1 and implementing environmental justice strategies1 project1 and programs2 7,c7 any existing and future information management systems1 technologies1 and data collection activities of the ,environmental ,protection ,agency 7including recommendations to conduct analyses that support and strengthen environmental justice programs in administrative and scientific areas72 7,d7 the administration of grant programs relating to environmental justice assistance2 and 7,e7 education1 training1 and other outreach activities conducted by the ,environmental ,protection ,agency relating to environmental justice4 7e7 ,designated ,federal officer ,the ,director of the ,office of ,environmental ,justice of the ,environmental ,protection ,agency is designated as the ,federal officer required under section #aj7;e7 of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 for the ,advisory ,council4 7f7 ,meetings 7#a7 ,in general ,the ,advisory ,council shall meet not less frequently than #c times each calendar year4 7#b7 ,open to public ,each meeting of the ,advisory ,council shall be held open to the public4 7#c7 ,duties of designated federal officer ,the designated ,federal officer described in subsection 7e7 7or a designee7 shall-- 7,a7 be present at each meeting of the ,advisory ,council2 7,b7 ensure that each meeting is conducted in accordance with an agenda approved in advance by the designated ,federal officer2 7,c7 provide an opportunity for interested persons-- 7i7 to file comments before or after each meeting of the ,advisory ,council2 or 7ii7 to make statements at such a meeting1 to the extent that time permits2 7,d7 ensure that a representative of the ,working ,group and a high-level representative from each regional office of the ,environmental ,protection ,agency are invited to1 and encouraged to attend1 each meeting of the ,advisory ,council2 and 7,e7 provide technical assistance to ,states seeking to establish ,state-level environmental justice advisory councils or implement other environmental justice policies or programs4 7g7 ,responses from administrator 7#a7 ,public comment inquiries ,the ,administrator shall provide a written response to each inquiry submitted to the ,administrator by a member of the public before or after each meeting of the ,advisory ,council by not later than #abj days after the date of submission4 7#b7 ,recommendations from advisory council ,the ,administrator shall provide a written response to each recommendation submitted to the ,administrator by the ,advisory ,council by not later than #abj days after the date of submission4 7h7 ,travel expenses ,a member of the ,advisory ,council may be allowed travel expenses1 including per diem in lieu of subsistence1 at such rate as the ,administrator determines to be appropriate while away from the home or regular place of business of the member in the performance of the duties of the ,advisory ,council4 7i7 ,duration ,the ,advisory ,council shall remain in existence unless otherwise provided by law4 #aajaj4 ,environmental justice grant programs 7a7 ,in general ,the ,administrator shall continue to carry out the ,environmental ,justice ,small ,grants ,program and the ,environmental ,justice ,collaborative ,problem-,solving ,cooperative ,agreement ,program1 as those programs are in existence on the date of enactment of this ,act4 7b7 ,care grants ,the ,administrator shall continue to carry out the ,community ,action for a ,renewed ,environment grant programs ,i and ,,ii1 as in existence on ,january #a1 #bjab4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the programs described in subsections 7a7 and 7b7 #ej1jjj1jjj for each of fiscal years #bjba through #bjcj4 #aajaa4 ,environmental justice community solid waste disposal technical assistance grants 7a7 ,in general ,the ,administrator may award grants to eligible entities to enable such entities to participate in decisions impacting the health and safety of their communities relating to the permitting or permit renewal of a solid waste disposal facility or hazardous waste facility4 7b7 ,timing 7#a7 ,guidance ,not later than #ab months after the date of enactment of this section1 the ,administrator shall publish guidance describing the process for eligible entities to apply for a grant under this section1 including the required content and form of applications1 the manner in which applications must be submitted1 and any applicable deadlines4 7#b7 ,first grant ,not later than #ahj days after the issuance of guidance under paragraph 7#a71 the ,administrator shall award the first grant under this section4 7c7 ,eligible entity ,to be eligible for a grant under this section1 an applicant shall be a group of individuals who reside in a community that-- 7#a7 is a population of color1 a community of color1 a ,tribal and indigenous community1 or a low-income community2 and 7#b7 is in close proximity to a facility described in subsection 7a7 for which a decision relating to a permit or permit renewal for such facility is required4 7d7 ,use of funds ,an eligible entity receiving a grant under this section shall use the grant to participate in decisions impacting the health and safety of the community involved that are related to the permitting or permit renewal of a solid waste disposal facility or hazardous waste facility1 including-- 7#a7 interpreting information with regard to-- 7,a7 cumulative impacts studies2 7,b7 health impacts studies2 7,c7 relevant agency decisions2 and 7,d7 operation and maintenance of necessary monitors2 and 7#b7 performing environmental monitoring4 7e7 ,limitations on amount2 renewal 7#a7 ,amount 7,a7 ,in general ,the amount of a grant under this section 7excluding any renewals of the grant7 may not exceed #ej1jjj for any grant recipient4 7,b7 ,exception ,the ,administrator may waive the limitation in subparagraph 7,a7 with respect to an applicant in any case where the ,administrator determines that such waiver is necessary for the community involved to obtain the necessary technical assistance4 7#b7 ,renewal ,grants may be renewed for each step in the process for the permitting or permit renewal of a solid waste disposal facility or hazardous waste facility4 #aajab4 ,environmental justice community1 ,state1 and ,tribal grant programs 7a7 ,environmental justice community grant program 7#a7 ,establishment ,the ,administrator shall establish a program under which the ,administrator shall provide grants to eligible entities to assist the eligible entities in-- 7,a7 building capacity to address issues relating to environmental justice2 and 7,b7 carrying out any activity described in paragraph 7#d74 7#b7 ,eligibility ,to be eligible to receive a grant under paragraph 7#a71 an eligible entity shall be a nonprofit1 community-based organization that conducts activities1 including providing medical and preventive health services1 to reduce the disproportionate health impacts of environmental pollution in the environmental justice community at which the eligible entity proposes to conduct an activity that is the subject of the application described in paragraph 7#c74 7#c7 ,application ,to be eligible to receive a grant under paragraph 7#a71 an eligible entity shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require1 including-- 7,a7 an outline describing the means by which the project proposed by the eligible entity will-- 7i7 with respect to environmental and public health issues at the local level1 increase the understanding of the environmental justice community at which the eligible entity will conduct the project2 7ii7 improve the ability of the environmental justice community to address each issue described in clause 7i72 7iii7 facilitate collaboration and cooperation among various stakeholders 7including members of the environmental justice community72 and 7iv7 support the ability of the environmental justice community to proactively plan and implement just sustainable community development and revitalization initiatives1 including countering displacement and gentrification2 7,b7 a proposed budget for each activity of the project that is the subject of the application2 7,c7 a list of proposed outcomes with respect to the proposed project2 7,d7 a description of the ways by which the eligible entity may leverage the funds of the eligible entity1 or the funds made available through a grant under this subsection1 to develop a project that is capable of being sustained beyond the period of the grant2 and 7,e7 a description of the ways by which the eligible entity is linked to1 and representative of1 the environmental justice community at which the eligible entity will conduct the project4 7#d7 ,use of funds ,an eligible entity may only use a grant under this subsection to carry out culturally and linguistically appropriate projects and activities that are driven by the needs1 opportunities1 and priorities of the environmental justice community at which the eligible entity proposes to conduct the project or activity to address environmental justice concerns and improve the health or environment of the environmental justice community1 including activities-- 7,a7 to create or develop collaborative partnerships2 7,b7 to educate and provide outreach services to the environmental justice community2 7,c7 to identify and implement projects to address environmental or public health concerns2 or 7,d7 to develop a comprehensive understanding of environmental or public health issues4 7#e7 ,report 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 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 community-based nonprofit organizations address issues relating to environmental justice4 7,b7 ,public availability ,the ,administrator shall make each report required under subparagraph 7,a7 available to the public 7including by posting a copy of the report on the website of the ,environmental ,protection ,agency74 7#f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #be1jjj1jjj for each of fiscal years #bjba through #bjbe4 7b7 ,state grant program 7#a7 ,establishment ,the ,administrator shall establish a program under which the ,administrator shall provide grants to ,states to enable the ,states-- 7,a7 to establish culturally and linguistically appropriate protocols1 activities1 and mechanisms for addressing issues relating to environmental justice2 and 7,b7 to carry out culturally and linguistically appropriate activities to reduce or eliminate disproportionately adverse human health or environmental effects on environmental justice communities in the ,state1 including reducing economic vulnerabilities that result in the environmental justice communities being disproportionately affected4 7#b7 ,eligibility 7,a7 ,application ,to be eligible to receive a grant under paragraph 7#a71 a ,state shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require1 including-- 7i7 a plan that contains a description of the means by which the funds provided through a grant under paragraph 7#a7 will be used to address issues relating to environmental justice at the ,state level2 and 7ii7 assurances that the funds provided through a grant under paragraph 7#a7 will be used only to supplement the amount of funds that the ,state allocates for initiatives relating to environmental justice4 7,b7 ,ability to continue program ,to be eligible to receive a grant under paragraph 7#a71 a ,state shall demonstrate to the ,administrator that the ,state has the ability to continue each program that is the subject of funds provided through a grant under paragraph 7#a7 after receipt of the funds4 7#c7 ,report 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 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-- 7i7 the implementation of the grant program established under paragraph 7#a72 7ii7 the impact of the grant program on improving the ability of each participating ,state to address environmental justice issues2 and 7iii7 the activities carried out by each ,state to reduce or eliminate disproportionately adverse human health or environmental effects on environmental justice communities in the ,state4 7,b7 ,public availability ,the ,administrator shall make each report required under subparagraph 7,a7 available to the public 7including by posting a copy of the report on the website of the ,environmental ,protection ,agency74 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #ae1jjj1jjj for each of fiscal years #bjba through #bjbe4 7c7 ,tribal grant program 7#a7 ,establishment ,the ,administrator shall establish a program under which the ,administrator shall provide grants to ,tribal ,governments to enable the ,indian ,tribes-- 7,a7 to establish culturally and linguistically appropriate protocols1 activities1 and mechanisms for addressing issues relating to environmental justice2 and 7,b7 to carry out culturally and linguistically appropriate activities to reduce or eliminate disproportionately adverse human health or environmental effects on environmental justice communities in ,tribal and indigenous communities1 including reducing economic vulnerabilities that result in the ,tribal and indigenous communities being disproportionately affected4 7#b7 ,eligibility 7,a7 ,application ,to be eligible to receive a grant under paragraph 7#a71 a ,tribal ,government shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require1 including-- 7i7 a plan that contains a description of the means by which the funds provided through a grant under paragraph 7#a7 will be used to address issues relating to environmental justice in ,tribal and indigenous communities2 and 7ii7 assurances that the funds provided through a grant under paragraph 7#a7 will be used only to supplement the amount of funds that the ,tribal ,government allocates for initiatives relating to environmental justice4 7,b7 ,ability to continue program ,to be eligible to receive a grant under paragraph 7#a71 a ,tribal ,government shall demonstrate to the ,administrator that the ,tribal ,government has the ability to continue each program that is the subject of funds provided through a grant under paragraph 7#a7 after receipt of the funds4 7#c7 ,report 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 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-- 7i7 the implementation of the grant program established under paragraph 7#a72 7ii7 the impact of the grant program on improving the ability of each participating ,indian ,tribe to address environmental justice issues2 and 7iii7 the activities carried out by each ,tribal ,government to reduce or eliminate disproportionately adverse human health or environmental effects on applicable environmental justice communities in ,tribal and indigenous communities4 7,b7 ,public availability ,the ,administrator shall make each report required under subparagraph 7,a7 available to the public 7including by posting a copy of the report on the website of the ,environmental ,protection ,agency74 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #be1jjj1jjj for each of fiscal years #bjba through #bjbe4 7d7 ,community-based participatory research grant program 7#a7 ,establishment ,the ,administrator1 in consultation with the ,director1 shall establish a program under which the ,administrator shall provide not more than #be multiyear grants to eligible entities to carry out community-based participatory research-- 7,a7 to address issues relating to environmental justice2 7,b7 to improve the environment of residents and workers in environmental justice communities2 and 7,c7 to improve the health outcomes of residents and workers in environmental justice communities4 7#b7 ,eligibility ,to be eligible to receive a multiyear grant under paragraph 7#a71 an eligible entity shall be a partnership comprised of-- 7,a7 an accredited institution of higher education2 and 7,b7 a community-based organization4 7#c7 ,application ,to be eligible to receive a multiyear grant under paragraph 7#a71 an eligible entity shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require1 including-- 7,a7 a detailed description of the partnership of the eligible entity that1 as determined by the ,administrator1 demonstrates the participation of members of the community at which the eligible entity proposes to conduct the research2 and 7,b7 a description of-- 7i7 the project proposed by the eligible entity2 and 7ii7 the ways by which the project will-- 7,i7 address issues relating to environmental justice2 7,,ii7 assist in the improvement of health outcomes of residents and workers in environmental justice communities2 and 7,,iii7 assist in the improvement of the environment of residents and workers in environmental justice communities4 7#d7 ,public availability ,the ,administrator shall make the results of the grants available provided under this subsection to the public1 including by posting on the website of the ,environmental ,protection ,agency a copy of the grant awards and an annual report at the beginning of each fiscal year describing the research findings associated with each grant provided under this subsection4 7#e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #aj1jjj1jjj for each of fiscal years #bjba through #bjbe4 #aajac4 ,protections for environmental justice communities against harmful federal actions 7a7 ,purpose2 definitions 7#a7 ,purpose ,the purpose of this section is to establish additional protections relating to ,federal actions affecting environmental justice communities in recognition of the disproportionate burden of adverse human health or environmental effects faced by such communities4 7#b7 ,definitions ,in this section3 7,a7 ,federal action ,the term ,federal action means a proposed action that requires the preparation of an environmental impact statement1 environmental assessment1 categorical exclusion1 or other document under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,b7 ,environmental impact statement ,the term environmental impact statement means the detailed statement of environmental impacts of a proposed action required to be prepared pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7b7 ,preparation of a community impact report ,a ,federal agency proposing to take a ,federal action that has the potential to cause negative environmental or public health impacts on an environmental justice community shall prepare a community impact report assessing the potential impacts of the proposed action4 7c7 ,contents ,the community impact report described in subsection 7b7 shall-- 7#a7 assess the degree to which a proposed ,federal action affecting an environmental justice community will cause multiple or cumulative exposure to human health and environmental hazards that influence1 exacerbate or contribute to adverse health outcomes2 7#b7 assess relevant public health data and industry data concerning the potential for multiple or cumulative exposure to human health or environmental hazards in the area of the environmental justice community and historical patterns of exposure to environmental hazards and agencies shall assess these multiple1 or cumulative effects1 even if certain effects are not within the control or subject to the discretion of the ,federal agency proposing the ,federal action2 7#c7 assess the impact of such proposed ,federal action on such environmental justice community's ability to access public parks1 outdoor spaces1 and public recreation opportunities2 7#d7 evaluate alternatives to or mitigation measures for the proposed ,federal action that will-- 7,a7 eliminate or reduce any identified exposure to human health and environmental hazards described in paragraph 7#a7 to a level that is reasonably expected to avoid human health impacts in environmental justice communities2 and 7,b7 not negatively impact an environmental justice community's ability to access public parks1 outdoor spaces1 and public recreation opportunities2 and 7#e7 analyze any alternative developed by members of an affected environmental justice community that meets the purpose and need of the proposed action4 7d7 ,delegation ,federal agencies shall not delegate responsibility for the preparation of a community impact report prepared under this section to any other entity4 7e7 ,national environmental policy act requirements for environmental justice communities ,when carrying out the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for a proposed ,federal action that may affect an environmental justice community1 a ,federal agency shall-- 7#a7 consider all potential direct1 indirect1 and cumulative impacts caused by the action1 alternatives to such action1 and mitigation measures on the environmental justice community required by the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7#b7 require any public comment period carried out during the scoping phase of the environmental review process to be no less than #ij days2 7#c7 provide early and meaningful community involvement opportunities by-- 7,a7 holding multiple hearings in such community regarding the proposed ,federal action in each prominent language within the environmental justice community2 and 7,b7 providing notice of any step or action in the ,national ,environmental ,policy ,act process that involves public participation to any representative entities or organizations present in the environmental justice community including-- 7i7 local religious organizations2 7ii7 civic associations and organizations2 7iii7 business associations of people of color2 7iv7 environmental and environmental justice organizations1 including community-based grassroots organizations led by people of color2 7v7 homeowners'1 tenants'1 and neighborhood watch groups2 7vi7 local and ,tribal ,governments2 7vii7 rural cooperatives2 7viii7 business and trade organizations2 7ix7 community and social service organizations2 7x7 universities1 colleges1 and vocational schools2 7xi7 labor and other worker organizations2 7xii7 civil rights organizations2 7xiii7 senior citizens' groups2 and 7xiv7 public health agencies and clinics2 and 7#d7 provide translations of publicly available documents made available pursuant to the ,national ,environmental ,policy ,act in any language spoken by more than #e percent of the population residing within the environmental justice community4 7f7 ,communication methods and requirements ,any notice provided under subsection 7e77#c77;,b7 shall be provided-- 7#a7 through communication methods that are accessible in the environmental justice community4 ,such methods may include electronic media1 newspapers1 radio1 direct mailings1 canvassing1 and other outreach methods particularly targeted at communities of color1 low-income communities1 and ,tribal and indigenous communities2 and 7#b7 at least #cj days before any hearing in such community or the start of any public comment period4 7g7 ,requirements for actions requiring an environmental impact statement ,for any proposed ,federal action affecting an environmental justice community requiring the preparation of an environmental impact statement1 the ,federal agency shall provide the following information when giving notice of the proposed action3 7#a7 ,a description of the proposed action4 7#b7 ,an outline of the anticipated schedule for completing the process under the ,national ,environmental ,policy ,act1 with a description of key milestones4 7#c7 ,an initial list of alternatives and potential impacts4 7#d7 ,an initial list of other existing or proposed sources of multiple or cumulative exposure to environmental hazards that contribute to higher rates of serious illnesses within the environmental justice community4 7#e7 ,an agency point of contact4 7#f7 ,timely notice of locations where comments will be received or public meetings held4 7#g7 ,any telephone number or locations where further information can be obtained4 7h7 ,national environmental policy act requirements for ,indian ,tribes ,when carrying out the requirements of the ,national ,environmental ,policy ,act for a proposed ,federal action that may affect an ,indian ,tribe1 a ,federal agency shall-- 7#a7 seek ,tribal representation in the process in a manner that is consistent with the government-to-government relationship between the ,united ,states and ,tribal ,governments1 the ,federal ,government's trust responsibility to federally recognized ,tribes1 and any treaty rights2 7#b7 ensure that an ,indian ,tribe is invited to hold the status of a cooperating agency throughout the ,national ,environmental ,policy ,act process for any proposed action that could impact an ,indian ,tribe including actions that could impact off reservation lands and sacred sites2 and 7#c7 invite an ,indian ,tribe to hold the status of a cooperating agency in accordance with paragraph 7#b7 no later than the commencement of the scoping process for a proposed action requiring the preparation of an environmental impact statement4 7i7 ,agency determinations ,federal agency determinations about the analysis of a community impact report described in this section shall be subject to judicial review to the same extent as any other analysis performed under the ,national ,environmental ,policy ,act4 7j7 ,effective date ,this section shall take effect one year after the date of enactment of this ,act4 7k7 ,savings clause ,nothing in this section diminishes-- 7#a7 any right granted through the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 to the public2 or 7#b7 the requirements under that ,act to consider direct1 indirect1 and cumulative impacts4 #aajad4 ,prohibited discrimination ,section #fja of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d7 is amended-- 7#a7 by striking ,no and inserting 7a7 ,no2 and 7#b7 by adding at the end the following3 7b7 7#a7 7,a7 ,discrimination 7including exclusion from participation and denial of benefits7 based on disparate impact is established under this title if-- 7i7 an entity subject to this title 7referred to in this title as a covered entity7 has a program1 policy1 practice1 or activity that causes a disparate impact on the basis of race1 color1 or national origin and the covered entity fails to demonstrate that the challenged program1 policy1 practice1 or activity is related to and necessary to achieve the nondiscriminatory goal of the program1 policy1 practice1 or activity alleged to have been operated in a discriminatory manner2 or 7ii7 a less discriminatory alternative program1 policy1 practice1 or activity exists1 and the covered entity refuses to adopt such alternative program1 policy1 practice1 or activity4 7,b7 ,with respect to demonstrating that a particular program1 policy1 practice1 or activity does not cause a disparate impact1 the covered entity shall demonstrate that each particular challenged program1 policy1 practice1 or activity does not cause a disparate impact1 except that if the covered entity demonstrates to the courts that the elements of the covered entity's decision-making process are not capable of separation for analysis1 the decision-making process may be analyzed as #a program1 policy1 practice1 or activity4 7#b7 ,a demonstration that a program1 policy1 practice1 or activity is necessary to achieve the goals of a program1 policy1 practice1 or activity may not be used as a defense against a claim of intentional discrimination under this title4 7c7 ,no person in the ,united ,states shall be subjected to discrimination1 including retaliation or intimidation1 because such person opposed any program1 policy1 practice1 or activity prohibited by this title1 or because such person made a charge1 testified1 assisted1 or participated in any manner in an investigation1 proceeding1 or hearing under this title4 4 #aajae4 ,right of action 7a7 ,in general ,section #fjb of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#a7 is amended-- 7#a7 by inserting 7a7 before ,each ,federal department and agency which is empowered2 and 7#b7 by adding at the end the following3 7b7 ,any person aggrieved by the failure to comply with this title1 including any regulation promulgated pursuant to this title1 may file suit in any district court of the ,united ,states having jurisdiction of the parties1 without respect to the amount in controversy and without regard to the citizenship of the parties4 4 7b7 ,effective date 7#a7 ,in general ,this section1 including the amendments made by this section1 takes effect on the date of enactment of this ,act4 7#b7 ,application ,this section1 including the amendments made by this section1 applies to all actions or proceedings pending on or after the date of enactment of this ,act4 #aajaf4 ,rights of recovery ,title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 is amended by inserting after section #fjb the following3 #fjb;,a4 ,actions brought by aggrieved persons 7a7 ,claims based on proof of intentional discrimination ,in an action brought by an aggrieved person under this title against a covered entity who has engaged in unlawful intentional discrimination 7not a practice that is unlawful because of its disparate impact7 prohibited under this title 7including its implementing regulations71 the aggrieved person may recover equitable and legal relief 7including compensatory and punitive damages71 attorney's fees 7including expert fees71 and costs of the action1 except that punitive damages are not available against a government1 government agency1 or political subdivision4 7b7 ,claims based on the disparate impact standard of proof ,in an action brought by an aggrieved person under this title against a covered entity who has engaged in unlawful discrimination based on disparate impact prohibited under this title 7including implementing regulations71 the aggrieved person may recover attorney's fees 7including expert fees71 and costs of the action4 4 #aajag4 ,public health risks associated with cumulative environmental stressors 7a7 ,proposed protocol ,not later than #ahj days after the date of enactment of this section1 the ,administrator1 in consultation with the ,advisory ,council1 shall publish a proposal for a protocol for assessing and addressing the cumulative public health risks associated with multiple environmental stressors4 ,the ,administrator shall allow #ij days for public comment on such proposal4 ,the environmental stressors addressed under such proposal shall include-- 7#a7 impacts associated with global climate change1 including extreme heat1 extremes in temperature change1 drought1 wildfires1 sea level rise1 flooding1 storms1 water shortage1 food shortage1 ecosystem disruption1 and the spread of infectious disease2 7#b7 exposure to pollutants1 emissions1 discharges1 waste1 chemicals1 or other materials subject to regulation under the ,clean ,air ,act1 the ,federal ,water ,pollution ,control ,act1 the ,safe ,drinking ,water ,act1 the ,toxic ,substances ,control ,act1 the ,solid ,waste ,disposal ,act1 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj1 the ,emergency ,planning and ,community ,right-to-,know ,act of #aihf1 and other laws administered by the ,administrator2 and 7#c7 other environmental stressors determined by the ,administrator to impact public health4 7b7 ,final protocol ,not later than #a year after the enactment of this section1 the ,administrator shall publish the final protocol for assessing and addressing the cumulative public health risks associated with multiple environmental stressors4 7c7 ,implementation ,not later than #c years after the enactment of this section1 the ,administrator shall implement the protocol described under subsection 7b74 #aajah4 ,climate ,justice ,grant ,program 7a7 ,establishment ,the ,administrator shall establish a program under which the ,administrator shall provide grants to eligible entities to assist the eligible entities in-- 7#a7 building capacity to address issues relating to climate justice2 and 7#b7 carrying out any activity described in subsection 7d74 7b7 ,eligibility ,to be eligible to receive a grant under subsection 7a71 an eligible entity shall be a tribal government1 local government1 or nonprofit1 community-based organization4 7c7 ,application ,to be eligible to receive a grant under subsection 7a71 an eligible entity shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require1 including-- 7#a7 an outline describing the means by which the project proposed by the eligible entity will-- 7,a7 with respect to climate justice issues at the local level1 increase the understanding of the environmental justice community at which the eligible entity will conduct the project2 7,b7 improve the ability of the environmental justice community to address each issue described in subparagraph 7,a72 7,c7 facilitate collaboration and cooperation among various stakeholders 7including members of the environmental justice community72 and 7,d7 support the ability of the environmental justice community to proactively plan and implement climate justice initiatives2 7#b7 a proposed budget for each activity of the project that is the subject of the application2 7#c7 a list of proposed outcomes with respect to the proposed project2 7#d7 a description of the ways by which the eligible entity may leverage the funds of the eligible entity1 or the funds made available through a grant under this subsection1 to develop a project that is capable of being sustained beyond the period of the grant2 and 7#e7 a description of the ways by which the eligible entity is linked to1 and representative of1 the environmental justice community at which the eligible entity will conduct the project4 7d7 ,use of funds ,an eligible entity may only use a grant under this subsection to carry out culturally and linguistically appropriate projects and activities that are driven by the needs1 opportunities1 and priorities of the environmental justice community at which the eligible entity proposes to conduct the project or activity to address climate justice concerns of the environmental justice community1 including activities-- 7#a7 to create or develop collaborative partnerships2 7#b7 to educate and provide outreach services to the environmental justice community on climate justice2 7#c7 to identify and implement projects to address climate justice concerns1 including community solar and wind energy projects1 energy efficiency1 home and building electrification1 home and building weatherization1 energy storage1 solar and wind energy supported microgrids1 battery electric vehicles1 electric vehicle charging infrastructure1 natural infrastructure1 and climate resilient infrastructure4 7e7 ,limitations on amount ,the amount of a grant under this section may not exceed #b1jjj1jjj for any grant recipient4 7f7 ,report 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 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 justice4 7#b7 ,public availability ,the ,administrator shall make each report required under paragraph 7#a7 available to the public 7including by posting a copy of the report on the website of the ,environmental ,protection ,agency74 7g7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #a1jjj1jjj1jjj for each of fiscal years #bjba through #bjbe4 ,the ,administrator may not use more than #b percent of the amount appropriated for each fiscal year for administrative expenses1 including outreach and technical assistance to eligible entities4 #aajai4 ,environmental justice for communities overburdened by environmental violations 7a7 ,identification of communities ,not later than #ahj days after the date of enactment of this section1 the ,administrator shall1 in consultation with the ,advisory ,council and co-regulators in ,state and local agencies1 identify at least #ajj communities-- 7#a7 that are environmental justice communities2 and 7#b7 in which there have been over the previous #e years a number of violations of environmental law that the ,administrator determines to be greater than the national average of such violations4 7b7 ,analysis and recommendations ,not later than #a year after the enactment of this section1 with respect to each community identified under subsection 7a71 and in consultation with the ,advisory ,council1 the ,administrator shall-- 7#a7 undertake an analysis of the conditions which have led to the number of violations identified under subsection 7a77#a71 including through community-based science implemented through engagement with the residents of each such community2 7#b7 identify the root cause of the number of violations described under subsection 7a77#a72 and 7#c7 recommend measures that the ,administrator shall take1 in coordination with co-regulators in ,state and local agencies1 to reduce the number of violations of environmental law to a number that the ,administrator determines to be significantly below the national average4 7c7 ,implementation ,not later than #b years after the date of enactment of this section1 the ,administrator shall complete the implementation of the measures identified under subsection 7b77#c74 ,,xii ,other ,matters ,a ,blue ,collar to ,green ,collar ,jobs ,development #a ,office of ,economic ,impact1 ,diversity1 and ,employment #abaja4 ,name of office 7a7 ,in general ,section #baa of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gada7 is amended-- 7#a7 in the section heading1 by striking ,minority ,economic ,impact and inserting ,economic ,impact1 ,diversity1 and ,employment2 and 7#b7 in subsection 7a71 by striking ,office of ,minority ,economic ,impact and inserting ,office of ,economic ,impact1 ,diversity1 and ,employment4 7b7 ,conforming amendment ,the table of contents for the ,department of ,energy ,organization ,act is amended by amending the item relating to section #baa to read as follows3 ,sec4 #baa4 ,office of ,economic ,impact1 ,diversity1 and ,employment4 4 #abajb4 ,energy workforce development programs ,section #baa of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gada7 is amended-- 7#a7 by redesignating subsections 7f7 and 7g7 as subsections 7g7 and 7h71 respectively2 and 7#b7 by inserting after subsection 7e7 the following3 7f7 ,the ,secretary1 acting through the ,director1 shall support the establishment and execution of the programs described in sections #abaaa and #abaab of the ,clean ,economy ,jobs and ,innovation ,act4 4 #abajc4 ,authorization ,subsection 7h7 of section #baa of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gada71 as redesignated by section #abajb of this ,act1 is amended by striking not to exceed #c1jjj1jjj for fiscal year #aigi1 not to exceed #e1jjj1jjj for fiscal year #aihj1 and not to exceed #f1jjj1jjj for fiscal year #aiha4 ,of the amounts so appropriated each fiscal year1 not less than #ej percent shall be available for purposes of financial assistance under subsection 7e74 and inserting #ajj1jjj1jjj for each of fiscal years #bjba through #bjbe44 #b ,energy workforce development #abaaa4 ,energy workforce development 7a7 ,in general ,subject to the availability of appropriations for such purpose1 the ,secretary of ,labor and the ,secretary of ,energy1 acting through the ,director of the ,office of ,economic ,impact1 ,diversity1 and ,employment1 shall jointly establish and carry out a comprehensive1 nationwide program to improve education and training for jobs in energy-related industries1 including manufacturing1 engineering1 construction1 and retrofitting jobs in such energy-related industries in order to the increase number of skilled workers trained to work in such energy-related industries1 including by-- 7#a7 encouraging underrepresented groups1 including religious and ethnic minorities1 women1 veterans1 individuals with disabilities1 unemployed energy workers1 and socioeconomically disadvantaged individuals to enter into the science1 technology1 engineering1 and mathematics 7in this section referred to as ,,stem7 fields2 7#b7 encouraging the ,nation's educational institutions to equip students with the skills1 mentorships1 training1 and technical expertise necessary to fill the employment opportunities vital to managing and operating the ,nation's energy-related industries2 7#c7 providing students and other candidates for employment with the necessary skills and certifications for skilled jobs in such energy-related industries2 and 7#d7 strengthening and more fully engaging ,department of ,energy programs and laboratories in carrying out the ,department's ,minorities in ,energy ,initiative4 7b7 ,direct assistance 7#a7 ,in general ,in carrying out the program established under subsection 7a71 the ,secretaries may provide financial assistance awards1 technical assistance1 and other assistance the ,secretaries determine appropriate1 to educational institutions and training programs and providers1 including those serving unemployed and underemployed energy workers4 7#b7 ,distribution ,the ,secretaries shall distribute assistance described in paragraph 7#a7 in a manner proportional to the needs of energy-related industries and demand for jobs in energy-related industries1 consistent with information developed under subsection 7e71 and to the extent practicable1 ensure a geographically diverse distribution1 including a geographically diverse distribution among regions of the country and among urban1 suburban1 and rural areas4 7c7 ,priority ,in carrying out the program established under subsection 7a7 the ,secretaries shall prioritize the education and training of individuals from underrepresented populations for jobs in energy-related industries4 7d7 ,collaboration and outreach ,in carrying out the program established under subsection 7a71 the ,secretaries shall-- 7#a7 collaborate with-- 7,a7 to the maximum extent possible1 ,state or local workforce development boards and ,state workforce agencies1 to maximize program efficiency2 7,b7 educational institutions and training programs and providers2 and 7,c7 employers and labor organizations in energy-related industries providing opportunities to participate in internships1 fellowships1 traineeships1 and apprenticeships to students1 including students of minority-serving institutions and unemployed or underemployed energy workers1 and other candidates1 such as underrepresented populations2 and 7#b7 conduct outreach activities to-- 7,a7 encourage individuals from underrepresented populations and unemployed or underemployed energy workers to enter into the ,,stem fields2 and 7,b7 encourage and foster collaboration1 mentorships1 and partnerships among energy-related industries1 and training programs and providers1 that provide effective training programs for jobs in energy-related industries and educational institutions that seek to establish these types of programs in order to share best practices and approaches that best suit local1 ,state1 and national needs4 7e7 ,clearinghouse 7#a7 ,establishment ,in carrying out the program established under subsection 7a71 the ,secretary of ,labor1 in collaboration with ,secretary of ,energy1 the ,secretary of ,education1 the ,secretary of ,commerce1 and the ,director of the ,bureau of the ,census1 and energy-related industries1 shall establish a clearinghouse on a publicly accessible website to-- 7,a7 develop1 maintain1 and update information and other resources1 by ,state and by region1 on-- 7i7 training programs for jobs in energy-related industries2 and 7ii7 the current and future workforce needs of energy-related industries1 and job opportunities in such energy-related industries1 including identification of jobs in energy-related industries for which there is the greatest demand2 and 7,b7 act as a resource for educational institutions and training programs and providers that would like to develop and implement training programs for such jobs4 7#b7 ,report ,the ,secretaries shall annually publish a report on the information and other resources developed1 maintained1 and updated on the clearinghouse established under paragraph 7#a71 including-- 7,a7 a report providing comprehensive and detailed description of the workforce needs of such energy-related industries1 and job opportunities in such energy-related industries1 by ,state and by region2 and 7,b7 publish an annual report on job creation in the energy-related industries described in subsection 7f77#a74 7f7 ,guidelines to develop skills for an energy industry workforce 7#a7 ,in general ,in carrying out the program established under subsection 7a71 the ,secretaries1 in collaboration with the ,secretary of ,education1 the ,secretary of ,commerce1 and the ,national ,science ,foundation1 shall develop voluntary guidelines or best practices for educational institutions to help provide students with the skills necessary for jobs in energy-related industries1 including jobs in-- 7,a7 the energy efficiency industry1 including jobs in energy efficiency 7including architecture1 design1 and construction of new energy efficient buildings71 conservation1 weatherization1 retrofitting1 inspecting1 auditing1 and software development2 7,b7 the renewable energy industry1 including jobs in the development1 engineering1 manufacturing1 and production of energy from renewable energy sources 7such as solar1 hydropower1 wind1 and geothermal energy72 7,c7 the community energy resiliency industry1 including jobs in the installation of rooftop solar1 in battery storage1 and in microgrid technologies2 7,d7 the fuel cell and hydrogen energy industry2 7,e7 the advanced automotive technology industry1 including jobs relating to electric vehicle batteries1 connectivity and automation1 and advanced combustion engines2 7,f7 the manufacturing industry1 including jobs as operations technicians1 in operations and design in additive manufacturing1 #c-;,d printing1 and advanced composites and advanced aluminum and other metal alloys1 and in industrial energy efficiency management systems1 including power electronics1 and other innovative technologies2 7,g7 the chemical manufacturing industry1 including jobs in construction 7such as welders1 pipefitters1 and tool and die makers71 as instrument and electrical technicians1 machinists1 chemical process operators1 engineers1 quality and safety professionals1 and reliability engineers2 7,h7 the utility industry1 including jobs in smart grid technology1 cybersecurity management1 and the generation1 transmission1 and distribution of electricity and natural gas1 such as electricians and utility dispatchers1 technicians1 operators1 lineworkers1 engineers1 scientists1 and information technology specialists2 7,i7 the alternative fuels industry1 including jobs in biofuel and bioproducts development and production2 7,j7 the pipeline industry1 including jobs in pipeline construction and maintenance and jobs as engineers and technical advisors2 7,k7 the nuclear energy industry1 including jobs as scientists1 engineers1 technicians1 mathematicians1 and security personnel2 7,l7 the oil and gas industry1 including jobs as scientists1 engineers1 technicians1 mathematicians1 petrochemical engineers1 and geologists2 and 7,m7 the coal industry1 including jobs as coal miners1 engineers1 developers and manufacturers of state-of-the-art coal facilities1 technology vendors1 coal transportation workers and operators1 and mining equipment vendors4 7#b7 ,energy efficiency and conservation initiatives ,the guidelines or best practices developed under paragraph 7#a7 shall include grade-specific guidelines for elementary schools and secondary schools for teaching energy efficiency technology1 architecture1 design1 and construction of new energy-efficient buildings and building energy retrofits1 manufacturing efficiency technology1 community energy resiliency1 and conservation initiatives4 7#c7 ,,stem education ,the guidelines or best practices developed under paragraph 7#a7 shall promote ,,stem education and energy related programs of study in educational institutions as it relates to job opportunities in energy-related industries listed under such paragraph4 7g7 ,outreach to minority serving institutions ,in carrying out the program established under subsection 7a71 the ,secretaries shall-- 7#a7 give special consideration to increasing outreach to minority-serving institutions2 7#b7 make resources available to minority-serving institutions with the objective of increasing the number of skilled minorities and women trained for jobs in energy-related industries1 including manufacturing1 engineering1 construction1 and retrofitting jobs in such energy-related industries2 7#c7 encourage energy-related industries to improve the opportunities for students of minority-serving institutions to participate in industry internships1 apprenticeships1 and cooperative work-study programs2 and 7#d7 partner with the ,department of ,energy laboratories to increase underrepresented groups' participation in internships1 fellowships1 traineeships1 and employment at all ,department of ,energy laboratories4 7h7 ,outreach to displaced1 unemployed and underemployed energyworkers ,in carrying out the program established under subsection 7a71 the ,secretaries shall-- 7#a7 give special consideration to increasing outreach to employers and job trainers preparing displaced1 unemployed1 and underemployed energy workers for emerging jobs in energy-related industries1 including manufacturing1 engineering1 construction1 and retrofitting jobs in such energy-related industries2 7#b7 make resources available to institutions serving displaced and unemployed energy workers with the objective of increasing the number of individuals trained for jobs in energy-related industries1 including manufacturing1 engineering1 construction1 and retrofitting jobs in such energy-related industries2 and 7#c7 encourage energy-related industries to improve opportunities for displaced and unemployed energy workers to participate in industry internships1 apprenticeships1 and work-study programs4 7i7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ae1jjj1jjj for each of fiscal years #bjba through #bjbe4 #abaab4 ,energy workforce grant program 7a7 ,program 7#a7 ,establishment ,subject to the availability of appropriations for such purpose1 the ,secretary of ,labor and the ,secretary of ,energy1 acting through the ,director of the ,office of ,economic ,impact1 ,diversity1 and ,employment1 shall jointly establish and carry out a program to provide grants to eligible entities to pay the eligible wages of1 or eligible stipends for1 individuals during the time period that such individuals are receiving training to work in the renewable energy sector1 energy efficiency sector1 or grid modernization sector4 7#b7 ,guidelines ,not later than #fj days after the date of enactment of this ,act1 the ,secretaries1 in consultation with stakeholders1 contractors1 and organizations that work to advance existing residential energy efficiency1 shall establish guidelines to identify training that is eligible for purposes of the program established pursuant to paragraph 7#a74 7b7 ,eligibility 7#a7 ,in general ,to be eligible to receive a grant under the program established under subsection 7a71 an eligible entity shall be directly involved with energy efficiency or renewable energy technology and provide services related to-- 7,a7 renewable electric energy generation1 including solar1 wind1 geothermal1 hydropower1 and other renewable electric energy generation technologies2 7,b7 energy efficiency1 including energy-efficient lighting1 heating1 ventilation1 and air conditioning1 air source heat pumps1 advanced building materials1 insulation and air sealing1 and other high-efficiency products and services1 including auditing and inspection1 architecture1 design1 and construction of new energy efficient buildings and building energy retrofits2 7,c7 grid modernization or energy storage1 including smart grid1 microgrid and other distributed energy solutions1 demand response management1 and home energy management technology2 or 7,d7 fuel cell and hybrid fuel cell generation4 7#b7 ,definitions ,in this subsection1 the following terms apply3 7,a7 ,eligible entity ,the term eligible entity means-- 7i7 an employer in an industry described in paragraph 7#a72 or 7ii7 a labor organization1 a joint-labor management organization1 a ,state or local workforce board1 or a training program or provider that provides training to individuals to work for an employer described in clause 7i71 or works on behalf of any such employers4 7,b7 ,eligible stipend ,the term eligible stipend means a stipend that meets the criteria identified pursuant to the guidelines established under subsection 7a77#b74 7,c7 ,eligible wages ,the term eligible wages means wages that meet the criteria identified pursuant to the guidelines established under subsection 7a77#b74 7c7 ,use of grants 7#a7 ,eligible wages ,an eligible entity with-- 7,a7 #bj or fewer employees may use a grant provided under the program established under subsection 7a7 to pay up to-- 7i7 #de percent of an employee's eligible wages for the duration of the applicable training for such employee1 if the training is provided by the eligible entity2 and 7ii7 #ij percent of an employee's eligible wages for the duration of the applicable training for such employee1 if the training is provided by an entity other than the eligible entity2 7,b7 #ba to #ii employees may use a grant provided under the program established under subsection 7a7 to pay up to-- 7i7 #cg4e percent of an employee's eligible wages for the duration of the applicable training for such employee1 if the training is provided by the eligible entity2 and 7ii7 #ge percent of an employee's eligible wages for the duration of the applicable training for such employee1 if the training is provided by an entity other than the eligible entity2 and 7,c7 #ajj employees or more may use a grant provided under the program established under subsection 7a7 to pay up to-- 7i7 #be percent of an employee's eligible wages for the duration of the applicable training for such employee1 if the training is provided by the eligible entity2 and 7ii7 #ej percent of an employee's eligible wages for the duration of the applicable training for such employee1 if the training is provided by an entity other than the eligible entity4 7#b7 ,stipend ,an eligible entity may use a grant provided under the program established under subsection 7a7 to pay up to #ajj percent of an eligible stipend for an individual for the duration of the applicable training for such individual4 7d7 ,priority for targeted communities ,in providing grants under the program established under subsection 7a71 the ,secretary shall give priority to an eligible entity that-- 7#a7 recruits or trains individuals who are-- 7,a7 from the community that the eligible entity serves2 and 7,b7 7i7 from underrepresented populations2 or 7ii7 unemployed or underemployed energy workers2 and 7#b7 will provide individuals receiving training with the opportunity to obtain or retain employment at an eligible entities4 7e7 ,limit ,an eligible entity may not receive more than #ajj1jjj under the program established under subsection 7a7 per fiscal year4 7f7 ,report ,the ,secretaries shall submit to ,congress1 annually for each year the program established under subsection 7a7 is carried out1 a report on such program1 including-- 7#a7 an assessment of such program for the previous year1 including the number of jobs filled by individuals trained pursuant to such program2 and 7#b7 recommendations on how to improve such program4 7g7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ej1jjj1jjj for each of fiscal years #bjba through #bjbe4 7h7 ,monitoring ,the ,secretary of ,labor1 in consultation with the ,secretary of ,energy1 shall collect data to monitor current and future trends and shortages within the clean energy technology industry1 which includes skilled technical personnel1 electric power engineers1 transmission engineers1 and other occupations or fields of work under-- 7#a7 the agriculture and forestry industry2 7#b7 the electric utility industry2 7#c7 the manufacturing industry2 7#d7 the wholesale trade industry2 7#e7 the professional and business services industry2 and 7#f7 the manufacturing and operation and maintenance industries for component parts of clean energy technologies4 7i7 ,report on current trends and shortages ,not later than #abj days after the date of enactment of this ,act1 and on a quarterly basis thereafter1 the ,secretary shall submit to ,congress1 based on the data collected under subsection 7h71 a report on-- 7#a7 trends and shortages as of the date of such report1 and recommendations to prepare the workforce to address such trends and shortages to meet the demands of a clean energy economy2 and 7#b7 other recommendations the ,secretary determines appropriate4 7j7 ,report on future trends and shortages ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to ,congress1 based on the data collected under subsection 7h71 a report on-- 7#a7 trends and shortages projected in the next #aj years1 and recommendations to address such trends and shortages to prepare the workforce to meet the demands of a clean energy economy2 and 7#b7 other recommendations the ,secretary determines appropriate4 #abaac4 ,definitions ,in this part3 7#a7 ,career and technical education ,the term career and technical education has the meaning given such term in section #c or the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb74 7#b7 ,community-based organization ,the term community-based organization has the meaning given such term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#c7 ,training programs and providers ,the term training programs and providers means ,state or local workforce development boards1 community-based organizations1 qualified youth or conservation corps1 ,job ,corps authorized under subtitle ,c of title ,i the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq471 labor organizations1 joint-labor management organizations1 pre-apprenticeship programs1 and apprenticeship programs4 7#d7 ,educational institution ,the term educational institution means an elementary school1 secondary school1 or institution of higher education1 including educational institutions providing career and technical education programs and programs of study4 7#e7 ,elementary school and secondary school ,the terms elementary school and secondary school have the meanings given such terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#f7 ,energy-related industry ,the term energy-related industry includes the energy efficiency industry1 renewable energy industry1 community energy resiliency industry1 fuel cell and hydrogen energy industry1 advanced automotive technology industry1 chemical manufacturing industry1 electric utility industry1 gas utility industry1 alternative fuels industry1 pipeline industry1 nuclear energy industry1 oil and gas industry1 and coal industry4 7#g7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb71 except that such term does not include institutions described in subparagraph 7,a7 or 7,c7 of subsection 7a77#a7 of such section #ajb4 7#h7 ,jobs in energy-related industries ,the term jobs in energy-related industries includes manufacturing1 engineering1 construction1 and retrofitting jobs in energy-related industries4 7#i7 ,labor organization ,the term labor organization has the meaning given such term in section #b of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb74 7#aj7 ,minority-serving institution ,the term minority-serving institution means an institution of higher education that is of one of the following3 7,a7 ,a ,hispanic-serving institution 7as defined in section #ejb7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aaja;a7a7774 7,b7 ,a ,tribal ,college or ,university 7as defined in section #caf7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c7b7774 7,c7 ,an ,alaska ,native-serving institution 7as defined in section #cag7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;d7b7774 7,d7 ,a ,native ,hawaiian-serving institution 7as defined in section #cag7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;d7b7774 7,e7 ,a ,predominantly ,black ,institution 7as defined in section #cah7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;e7b7774 7,f7 ,a ,native ,american-serving nontribal institution 7as defined in section #cai7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;f7b7774 7,g7 ,an ,asian ,american and ,native ,american ,pacific ,islander-serving institution 7as defined in section #cbj7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;g7b7774 7,h7 ,a historically ,black college or university 7having the meaning given the term part ,b institution in section #cbb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfa774 7#aa7 ,qualified youth or conservation corps ,the term qualified youth or conservation corps has the meaning given such term in section #bjc7aa7 of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agbb7aa774 7#ab7 ,secretaries ,the term ,secretaries means the ,secretary of ,labor and the ,secretary of ,energy4 7#ac7 ,state or local workforce development board ,the term ,state or workforce development board or local workforce development board have the meanings given the terms ,state board and local board1 respectively1 in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#ad7 ,state workforce agency ,the term ,state workforce agency means the ,state agency with responsibility for workforce investment activities under chapters #b and #c of subtitle ,b of title ,i of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caba et seq41 #caca et seq474 7#ae7 ,,stem ,the term ,,stem means science1 technology1 engineering1 and mathematics4 7#af7 ,underrepresented populations ,the term underrepresented populations means a group of individuals 7such as a group of individuals from the same gender or race71 the members of which comprise fewer than #be percent of the individuals employed in occupations in energy-related industries4 #abaad4 ,renewable energy transition grant program 7a7 ,in general ,the ,secretary of ,energy1 in coordination with the ,secretary of ,labor1 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 industries4 7b7 ,eligibility ,the ,secretary of ,energy may award grants under subsection 7a7 to local governments-- 7#a7 that establish industry or sector partnerships 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb772 7#b7 that are in localities that the ,secretary of ,energy determines to have a percentage of traditional energy sector jobs that is average or above average relative to the ,united ,states4 7c7 ,determination of percentage of traditional energy sector jobs ,in making the determination under subsection 7b77#b71 the ,secretary of ,energy shall take into consideration information from the report entitled ,u4,s4 ,energy and ,employment ,report issued by the ,secretary in ,january1 #bjag4 7d7 ,use of funds ,funds under subsection 7a7 may be used for the following purposes3 7#a7 ,to develop a transition plan described in subsection 7a74 7#b7 ,to develop an apprenticeship program to train individuals employed in fossil fuel industries and individuals who are new to the workforce for jobs in sustainable industries4 7e7 ,transition plan requirements ,a transition plan funded under subsection 7a7 shall include a plan for unemployment insurance1 job transition training1 and community services for the communities affected by the transition4 7f7 ,authorization ,there are authorized to be appropriated such sums as necessary to carry out this section4 #abaae4 ,energy ,jobs ,council and annual energy employment report 7a7 ,energy ,jobs ,council 7#a7 ,establishment ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,energy 7referred to in this section as the ,secretary7 shall establish a council1 to be known as the ,energy ,jobs ,council 7referred to in this section as the ,council74 7#b7 ,membership ,the ,council shall be comprised of-- 7,a7 to be appointed by the ,secretary-- 7i7 one or more representatives of the ,energy ,information ,administration2 and 7ii7 one or more representatives of a ,state energy office that are serving as members of the ,state ,energy ,advisory ,board established by section #cfe7;g7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbe7;g772 7,b7 to be appointed by the ,secretary of ,commerce-- 7i7 one or more representatives of the ,department of ,commerce2 and 7ii7 one or more representatives of the ,bureau of the ,census2 7,c7 one or more representatives of the ,bureau of ,labor ,statistics1 to be appointed by the ,secretary of ,labor2 and 7,d7 one or more representatives of any other ,federal agency the assistance of which is required to carry out this ,act1 as determined by the ,secretary1 to be appointed by the head of the applicable agency4 7b7 ,survey and analysis 7#a7 ,in general ,the ,council shall-- 7,a7 conduct a survey of employers in the energy1 energy efficiency1 renewable energy1 and motor vehicle sectors of the economy of the ,united ,states2 and 7,b7 perform an analysis of the employment figures and demographics in those sectors1 including the number of personnel in each sector who devote a substantial portion of working hours1 as determined by the ,secretary1 to compliance matters4 7#b7 ,methodology ,in conducting the survey and analysis under paragraph 7#a71 the ,council shall employ a methodology that-- 7,a7 was approved in #bjaf by the ,office of ,management and ,budget for use in the document entitled ,,omb ,control ,number #aiaj-eagi2 7,b7 uses a representative1 stratified sampling of businesses in the ,united ,states2 and 7,c7 is designed to elicit a comparable number of responses from businesses in each ,state and with the same ,north ,american ,industry ,classification ,system codes as were received for the #bjaf and #bjag reports entitled ,u4,s4 ,energy and ,employment ,report4 7#c7 ,consultation ,in conducting the survey and analysis under paragraph 7#a71 the ,council shall consult with key stakeholders1 including-- 7,a7 as the ,council determines to be appropriate1 the heads of relevant ,federal agencies and offices1 including-- 7i7 the ,secretary of ,commerce2 7ii7 the ,secretary of ,transportation2 7iii7 the ,director of the ,bureau of the ,census2 7iv7 the ,commissioner of the ,bureau of ,labor ,statistics2 and 7v7 the ,administrator of the ,environmental ,protection ,agency2 7,b7 ,states2 7,c7 the ,state ,energy ,advisory ,board established by section #cfe7;g7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbe7;g772 and 7,d7 energy industry trade associations4 7c7 ,report 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall-- 7,a7 make publicly available on the website of the ,department of ,energy a report1 to be entitled the ,u4,s4 ,energy and ,employment ,report1 describing the employment figures and demographics in the energy1 energy efficiency1 and motor vehicle sectors of the ,united ,states based on the survey and analysis conducted under subsection 7b72 and 7,b7 subject to the requirements of the ,confidential ,information ,protection and ,statistical ,efficiency ,act of #bjjb 7#dd ,u4,s4,c4 #ceja note2 ,public ,law #ajg-cdg71 make the data collected by the ,council publicly available on the website of the ,department of ,energy4 7#b7 ,contents 7,a7 ,in general ,the report under paragraph 7#a7 shall include employment figures and demographic data for-- 7i7 the energy sector of the economy of the ,united ,states1 including-- 7,i7 the electric power generation and fuels sector2 and 7,,ii7 the transmission1 storage1 and distribution sector2 7ii7 the energy efficiency sector of the economy of the ,united ,states2 and 7iii7 the motor vehicle sector of the economy of the ,united ,states4 7,b7 ,inclusion ,with respect to each sector described in subparagraph 7,a71 the report under paragraph 7#a7 shall include employment figures and demographic data sorted by-- 7i7 each technology1 subtechnology1 and fuel type of those sectors2 and 7ii7 subject to the requirements of the ,confidential ,information ,protection and ,statistical ,efficiency ,act of #bjjb 7#dd ,u4,s4,c4 #ceja note2 ,public ,law #ajg-cdg7-- 7,i7 each ,state2 7,,ii7 each territory of the ,united ,states2 7,,iii7 the ,district of ,columbia2 and 7,,iv7 each county 7or equivalent jurisdiction7 in the ,united ,states4 #c ,measuring green collar job development #ababa4 ,measuring green jobs 7a7 ,in general ,the ,secretary of ,labor1 in consultation with the ,secretary of ,energy1 and acting through the ,bureau of ,labor ,statistics1 where appropriate1 shall collect and analyze labor market data to track workforce trends resulting from renewable energy and energy efficiency technology initiatives carried out under this section4 ,activities carried out under this section shall include the following3 7#a7 ,tracking and documentation of academic and occupational competencies as well as future skill needs with respect to renewable energy and energy efficiency technology4 7#b7 ,tracking and documentation of occupational information and workforce training data with respect to renewable energy and energy efficiency technology4 7#c7 ,collaborating with ,state agencies1 workforce investments boards1 industry1 organized labor1 and community and nonprofit organizations to disseminate information on successful innovations for labor market services and worker training with respect to renewable energy and energy efficiency technology4 7#d7 ,serving as a clearinghouse for best practices in workforce development1 job placement and collaborative training partnerships4 7#e7 ,encouraging the establishment of workforce training initiatives with respect to renewable energy and energy efficiency technologies4 7#f7 ,linking research and development in renewable energy and energy efficiency technology with the development of standards and curricula for current and future jobs4 7#g7 ,assessing new employment and work practices including career ladder and upgrade training as well as high performance work systems4 7#h7 ,providing technical assistance and capacity building to national and ,state energy partnerships1 including industry and labor representatives4 7b7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #aj1jjj1jjj for each fiscal years #bjba through #bjbe4 #d ,clean ,energy ,economy ,workforce #abaca4 ,clean ,energy ,economy ,workforce ,program 7a7 ,definitions ,in this section3 7#a7 ,coal-related facility ,the term coal-related facility includes a coal mine or coal-fueled electric generating facility4 7#b7 ,coal-related generating facility ,the term coal-related industrial facility includes a facility in the manufacturing and transportation supply chains of a coal-related facility4 7#c7 ,eligible entity ,the term eligible entity means a ,national ,laboratory1 business1 or labor organization that demonstrates success in placing graduates of pre-apprenticeship or apprenticeship programs in jobs relevant to such programs and-- 7,a7 is directly involved with zero-emission electricity technology1 energy efficiency1 or other activity that results in a reduction in greenhouse gas emissions1 as determined by the ,secretary2 7,b7 works on behalf of a business or labor organization that is directly involved with zero emission electricity technology1 energy efficiency1 or other activity that results in a reduction in greenhouse gas emissions1 as determined by the ,secretary2 7,c7 provides services related to-- 7i7 zero emission electricity technology deployment and maintenance and energy efficiency2 7ii7 grid modernization2 or 7iii7 reduction in greenhouse gas emissions through the use of zero-emission energy technologies2 7,d7 has knowledge of technician workforce needs of a ,national ,laboratory or covered facility of the ,national ,nuclear security ,administration and the associated security requirements of such laboratory or facility2 7,e7 demonstrates experience in implementing and operating apprenticeship programs or pre-apprenticeship programs that provide a direct pathway to an energy-related career2 or 7,f7 demonstrates success in placing graduates of pre-apprenticeship or apprenticeship programs in jobs relevant to such programs4 7#d7 ,energy transition worker ,the term ,energy ,transition ,worker means a worker1 including workers employed by contractors or subcontractors1 terminated1 laid off from employment1 or whose work hours have been reduced1 on or after the date of enactment of this ,act1 from a coal-related facility1 coal-related industrial facility or other energy related entity4 7#e7 ,national laboratory ,the term ,national ,laboratory means any of the following laboratories owned by the ,department of ,energy3 7,a7 ,ames ,laboratory4 7,b7 ,argonne ,national ,laboratory4 7,c7 ,brookhaven ,national ,laboratory4 7,d7 ,fermi ,national ,accelerator ,laboratory4 7,e7 ,idaho ,national ,laboratory4 7,f7 ,lawrence ,berkeley ,national ,laboratory4 7,g7 ,lawrence ,livermore ,national ,laboratory4 7,h7 ,los ,alamos ,national ,laboratory4 7,i7 ,national ,energy ,technology ,laboratory4 7,j7 ,national ,renewable ,energy ,laboratory4 7,k7 ,oak ,ridge ,national ,laboratory4 7,l7 ,pacific ,northwest ,national ,laboratory4 7,m7 ,princeton ,plasma ,physics ,laboratory4 7,n7 ,sandia ,national ,laboratories4 7,o7 ,savannah ,river ,national ,laboratory4 7,p7 ,stanford ,linear ,accelerator ,center4 7,q7 ,thomas ,jefferson ,national ,accelerator ,facility4 7#f7 ,program ,the term program means the program established under subsection 7b74 7b7 ,establishment ,the ,secretary of ,energy1 in consultation with the ,secretary of ,labor1 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 training of a new or existing employee-- 7#a7 to work in zero emission electricity generation1 energy efficiency1 or grid modernization2 7#b7 to work otherwise on the reduction of greenhouse gas emissions2 or 7#c7 to participate in a pre-apprenticeship program that provides a direct pathway to an energy-related career in construction through one or more apprenticeship programs4 7c7 ,grants 7#a7 ,in general ,an eligible entity desiring a grant under the program shall submit to the ,secretary of ,energy an application at such time1 in such manner1 and containing such information a the ,secretary of ,energy may require4 7#b7 ,priority for targeted communities ,in providing grants under the program1 the ,secretary of ,energy shall give priority to an eligible entity that-- 7,a7 recruits employees-- 7i7 from the #a or more communities that are served by the eligible entity2 and 7ii7 that are minorities1 women1 veterans1 individuals from ,indian ,tribes or ,tribal organizations1 or energy transition workers2 7,b7 provides trainees with the opportunity to obtain real-world experience2 or 7,c7 has fewer than #ajj employees2 and 7,d7 in the case of a pre-apprenticeship program1 demonstrates-- 7i7 a multi-year record of successfully recruiting energy transition workers1 minorities1 women1 and veterans for training and supporting such individuals to a successful completion of a pre-apprenticeship program2 and 7ii7 a successful multi-year record of placing the majority of pre-apprenticeship program graduates into apprenticeship programs in the construction industry4 7#c7 ,use of grant for federal share 7,a7 ,in general ,an eligible entity shall use a grant received under the program to-- 7i7 pay the ,federal share of the cost of providing pre-apprenticeship training or on-the-job training for an individual1 in accordance with subparagraph7,b72 or 7ii7 in the case of a pre-apprenticeship program-- 7,i7 recruiting minorities1 women1 and veterans for training2 7,,ii7 supporting those individuals in the successful completion of the pre-apprenticeship program2 and 7,,iii7 carrying out any other activity of the pre-apprenticeship program1 as determined to be appropriate by the ,secretary of ,labor1 in consultation with the ,secretary4 7,b7 ,federal share amount ,the ,federal share described in subparagraph 7,a77i7 shall not exceed-- 7i7 in the case of an eligible entity with #bj or fewer employees1 #de percent of the cost of on-the-job-training for an employee2 7ii7 in the case of an eligible entity with not fewer than #ba employees and not more than #ii employees1 #cg4e percent of the cost of on-the-job-training for an employee2 7iii7 in the case of an eligible entity with not fewer than #ajj employees1 #bj percent of the cost of on-the-job-training for an employee2 and 7iv7 in the case of an eligible entity that administers a pre-apprenticeship program1 #ge percent of the cost of the pre-apprenticeship program4 7#d7 ,employer payment of non-federal share 7,a7 ,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 organization4 7,b7 ,inclusions ,the non-,federal share described in subparagraph 7,a7 may include the amount of wages paid by the employer to the employee during the time that the employee is receiving on-the-job training1 as fairly evaluated by the ,secretary of ,labor4 7#e7 ,construction ,in providing grants under the program for training1 recruitment1 and support relating to construction1 eligible entities shall only include pre-apprenticeship programs that have an articulation agreement with one or more apprenticeship programs4 7#f7 ,grant amount ,an eligible entity may not receive more than #a1jjj1jjj per fiscal year in grant funds under the program4 7d7 ,authorization of appropriations ,there are authorized to be appropriated #be1jjj1jjj to the ,secretary of ,energy to carry out the program for each of the fiscal years #bjba through #bjcj4 ,b ,buy ,american and ,wage ,rate ,requirements #abbja4 ,use of ,american iron1 steel1 and manufactured goods 7a7 ,none of the funds made available pursuant to this ,act1 or provisions of law added or amended by this ,act1 may be used for a project for the construction1 alteration1 maintenance1 or repair of a public building or public work unless all of the iron1 steel1 and manufactured goods used in the project are produced in the ,united ,states4 7b7 ,subsection 7a7 shall not apply in any case or category of cases in which the head of the ,federal department or agency involved finds that-- 7#a7 applying subsection 7a7 would be inconsistent with the public interest2 7#b7 iron1 steel1 and the relevant manufactured goods are not produced in the ,united ,states in sufficient and reasonably available quantities and of a satisfactory quality2 or 7#c7 inclusion of iron1 steel1 and manufactured goods produced in the ,united ,states will increase the cost of the overall project by more than #be percent4 7c7 ,if the head of a ,federal department or agency determines that it is necessary to waive the application of subsection 7a7 based on a finding under subsection 7b71 the head of the department or agency shall publish in the ,federal ,register a detailed written justification as to why the provision is being waived4 7d7 ,this section shall be applied in a manner consistent with ,united ,states obligations under international agreements4 #abbjb4 ,wage rate requirements ,notwithstanding any other provision of law and in a manner consistent with other provisions in this ,act1 all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the ,federal ,government pursuant to this ,act1 or provisions of law added or amended by this ,act1 shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 ,with respect to the labor standards specified in this section1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 #abbjc4 ,apprenticeships 7a7 ,in general ,any funds made available under this ,act to fund an apprenticeship or pre-apprenticeship program shall only be used for1 or provided to1 apprenticeship and pre-apprenticeship programs as defined this section1 including any funds awarded for the purposes of grants1 contracts1 or cooperative agreements1 or the development1 implementation1 or administration of a program funded in whole or part by federal funds under this ,act4 7b7 ,apprenticeship defined ,in this ,act1 the term apprenticeship means an apprenticeship-- 7#a7 registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq472 and 7#b7 that complies with the requirements of subpart ,a of part #bi of title #bi1 ,code of ,federal ,regulations1 and part #cj of such title 7as in effect on ,september #ah1 #bjbj74 7c7 ,pre-apprenticeship defined ,in this ,act1 the term pre-apprenticeship or pre-apprenticeship program means a training model or program that-- 7#a7 is designed to prepare participants to enter an apprenticeship program2 7#b7 is carried out by a sponsor that has a written agreement with #a or more sponsors of apprenticeship programs2 and 7#c7 includes each of the following3 7,a7 ,training 7including a curriculum for the training7 aligned with industry standards related to an apprenticeship program and reviewed and approved annually by sponsors of the apprenticeship program that are parties to the written agreement1 and that will prepare participants by teaching the skills and competencies needed to enter #a or more apprenticeship programs4 7,b7 ,hands-on training and theoretical education for participants that does not displace a paid employee4 7,c7 ,a formal agreement with a sponsor of an apprenticeship program that would enable participants who successfully complete the pre-apprenticeship program-- 7i7 to enter into the apprenticeship program if a place in the program is available and if the participant meets the qualifications of the apprenticeship program2 and 7ii7 to earn credits towards the apprenticeship program4 ,c ,natural ,resources #abcja4 ,offshore ,wind ,career ,training ,grant ,program 7a7 ,grants authorized ,beginning #ahj days after the date of the enactment of this section1 the ,secretary may award offshore wind career training grants to eligible entities for the purpose of establishing or expanding educational or career training programs that provide individuals in such programs skills and competencies necessary for employment in the offshore wind industry4 7b7 ,allocation of grants 7#a7 ,limitation on grant quantity and size ,an eligible entity may not be awarded-- 7,a7 more than one grant under this section for which the eligible entity is the lead applicant2 or 7,b7 a grant under this section in excess of #b1ejj1jjj4 7#b7 ,allocation to community colleges ,not less than #be percent of the total amount awarded under this section for a fiscal year shall be awarded to eligible entities that are community colleges4 7c7 ,partnerships ,an eligible entity seeking to receive a grant under this section shall establish or partner with one or more of the following3 7#a7 ,another eligible entity 7including an eligible entity that is a community college74 7#b7 ,a ,state or local government agency responsible for education1 workforce development or offshore wind energy activities4 7#c7 ,a qualified intermediary4 7d7 ,use of grant ,an eligible entity may use a grant awarded under this section for the following activities3 7#a7 ,occupational skills training1 including curriculum development and class-room instruction4 7#b7 ,safety and health training4 7#c7 ,the provision of ,english language acquisition and employability skills4 7#d7 ,individual referral and tuition assistance for a community college training program4 7#e7 ,career pathway development or expansion for offshore wind industry occupations4 7#f7 ,the development or expansion of work-based learning or incumbent worker training programs aligned with career pathways in a field related to the offshore wind industry1 such as paid internships1 registered apprenticeships and programs articulating to an apprenticeship program1 customized training1 or transitional jobs4 7#g7 ,curriculum development at the under-graduate and postgraduate levels4 7#h7 ,development and support of offshore wind energy major1 minor1 or certificate programs4 7#i7 ,such other activities1 as determined by the ,secretary1 to meet the purposes of this section4 7e7 ,grant proposals 7#a7 ,submission procedure for grant proposals ,an eligible entity seeking to receive a grant under this section shall submit a grant proposal to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,content of grant proposals ,a grant proposal submitted to the ,secretary under this section shall include a detailed description of-- 7,a7 the specific project for which the grant proposal is submitted1 including the manner in which the grant will be used to develop1 offer1 or improve an educational or career training program that will provide individuals in such program the skills and competencies necessary for employment in the offshore wind industry2 7,b7 any previous experience of the eligible entity in providing such educational or career training programs2 7,c7 the extent to which such project will meet the educational or career training needs2 7,d7 the quantitative data that demonstrates the demand for employment for such program in the geographic area served by the eligible entity1 including wages and benefits for such employment2 7,e7 a description of the entities involved in the industry or sector partnership2 and 7,f7 a description of the activities the eligible entity will carry out4 7f7 ,criteria for award of grants 7#a7 ,in general ,subject to appropriations1 the ,secretary shall award grants under this section based on an evaluation of-- 7,a7 the merits of the grant proposal2 7,b7 the available or projected employment opportunities1 including the projected wages and benefits1 available to individuals who complete the educational or career training program that the eligible entity proposes to develop1 offer1 or improve2 and 7,c7 the availability and capacity of existing educational or career training programs in the community to meet future demand for such programs4 7#b7 ,priority ,priority in awarding grants under this section shall be given to an eligible entity that-- 7,a7 is-- 7i7 an institution of higher education that has formed a partnership with a labor organization or joint-labor management organization2 or 7ii7 a labor organization or joint-labor management organization that has formed a partnership with an institute of higher education2 7,b7 has entered into a memorandum of understanding with one or more employers in the offshore wind industry to partner on the establishment or expansion of programs funded under this ,act2 7,c7 is located in an economically distressed area2 7,d7 serves a high number or high percentage of individuals who are-- 7i7 dislocated workers 7particularly workers dislocated from the offshore oil and gas1 onshore fossil fuel1 nuclear energy1 or fishing industries72 7ii7 veterans1 members of the reserve components of the ,armed ,forces1 or former members of such reserve components2 7iii7 unemployed1 underemployed1 or disconnected2 7iv7 individuals with barriers to employment2 7v7 in-school and out-of-school youth2 or 7vi7 formerly incarcerated1 adjudicated1 nonviolent offenders2 7,e7 an eligible entity that proposes to serve a high percentage or number of low-income or minority students2 or 7,f7 demonstration of or established plans for the eligible entity to be included on the list of eligible providers of training services described in section #abb7;d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caeb7;d774 7#c7 ,geographic distribution ,the ,secretary shall1 to the extent practicable1 award grants under this section in a manner that provides for a reasonable geographic distribution1 except that the ,secretary shall not be required to award grants equally among different regions of the ,united ,states4 7g7 ,matching requirements ,a grant awarded under this section may not be used to satisfy any non-,federal funds matching requirement under any other provision of law4 7h7 ,grantee data collection 7#a7 ,in general ,a grantee1 with respect to the educational or career training program for which the grantee received a grant under this section1 shall collect and report to the ,secretary on an annual basis the following3 7,a7 ,the number of participants enrolled in the educational or career training program4 7,b7 ,the number of participants that have completed the educational or career training programing the last #ab months4 7,c7 ,the services received by such participants1 including a description of training1 education1 and supportive services4 7,d7 ,the amount spent by the grantee per participant4 7,e7 ,the percentage of job placement of participants in the offshore wind industry or related fields4 7,f7 ,the percentage of employment retention-- 7i7 if the eligible entity is not an institution of higher education1 #a year after completion of the educational or career training program2 or 7ii7 if the eligible entity is an institution of higher education1 #a year after completion of the educational or career training program or #a year after the participant is no longer enrolled in such institution of higher education1 whichever is later4 7,g7 ,the percentage of program participants who obtain a recognized postsecondary credential1 or a secondary school diploma or its recognized equivalent during participation in or within #a year after exit from the program4 7#b7 ,disaggregation of data ,the data collected and reported under this subsection shall be disaggregated by each population specified in section #c7bd7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7bd77 and by race1 ethnicity1 sex1 and age4 7#c7 ,assistance from secretary ,the ,secretary shall assist grantees in the collection of data under this subsection by making available1 where practicable1 low-cost means of tracking the labor market outcomes of participants 7including through coordination with the ,secretary of ,labor7 and by providing standardized reporting forms1 where appropriate4 ,the ,secretary shall provide technical assistance and oversight to assist the eligible entities in applying for and administering grants4 7j7 ,guidelines ,not later than #ij days after the date of the enactment of this section1 the ,secretary shall-- 7#a7 promulgate guidelines for the submission of grant proposals2 and 7#b7 publish and maintain such guidelines on a public website of the ,secretary4 7k7 ,reporting requirement ,not later than #ah months after the date of the enactment of this section1 and every #b years thereafter1 the ,secretary shall submit a report to the ,committee on ,natural ,resources of the ,house of ,representatives1 the ,committee on ,energy and ,natural ,resources of the ,senate1 the ,committee on ,education and ,labor of the ,house of ,representatives1 and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate on the grant program established by this section4 ,the report shall include a description of the grantees and the activities for which grantees used a grant awarded under this section4 7l7 ,authorization of appropriations ,there are authorized to be appropriated for purposes of this section #be1jjj1jjj for each of fiscal years #bjba through #bjbe4 ,the ,secretary may use not more than #b percent of the amount appropriated for each fiscal year for administrative expenses1 including the expenses of providing the technical assistance and oversight activities4 7m7 ,definitions ,in this section3 7#a7 ,community college ,the term community college has the meaning given the term junior or community college in section #cab7;f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajeh7;f774 7#b7 ,eligible entity ,the term eligible entity means an entity that is-- 7,a7 an institution of higher education1 as such term is defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja772 or 7,b7 a labor organization or a joint labor management organization4 7#c7 ,grantee ,the term grantee means an eligible entity that has received a grant under this section4 7#d7 ,lead applicant ,the term lead applicant means the eligible entity that is primarily responsible for the preparation1 conduct1 and administration of the project for which the grant was awarded4 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 in consultation with the ,secretary of ,energy1 the ,secretary of ,education1 and the ,secretary of ,labor4 7#f7 ,carl d4 perkins career and technical education act terms ,the terms area career and technical education school1 qualified intermediary1 ,tribal educational agency1 and work-based learning have the meanings given the terms in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb74 7#g7 ,workforce innovation and opportunity act terms ,the terms career pathway1 dislocated worker1 ,english language acquisition1 in-school youth1 individuals with barriers to employment1 industry or sector partnership1 on-the-job training1 out-of-school youth1 recognized postsecondary credential1 supportive services1 have the meanings given the terms in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 #abcjb4 ,data preservation ,subsection 7k7 of the ,national ,geological and ,geophysical ,data ,preservation ,program ,act of #bjje 7#db ,u4,s4,c4 #aeijh7k77 is amended by striking #bjjf through #bjaj and inserting #bjba through #bjbe4 #abcjc4 ,extension of authority for non-oil and gas operations on the ,outer ,continental ,shelf ,section #d7;a77#a7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accc7;a77#a77 is amended to read as follows3 7#a7 ,jurisdiction of the ,united ,states on the outer ,continental ,shelf 7,a7 ,in general ,the ,constitution and laws and civil and political jurisdiction of the ,united ,states are extended1 to the same extent as if the outer ,continental ,shelf were an area of exclusive ,federal jurisdiction located within a ,state1 to-- 7i7 the subsoil and seabed of the outer ,continental ,shelf2 7ii7 all artificial islands on the outer ,continental ,shelf2 7iii7 all installations and other devices permanently or temporarily attached to the seabed1 which may be erected thereon for the purpose of exploring for1 developing1 or producing resources therefrom or producing or supporting the production of energy from sources other than oil and gas2 and 7iv7 any such installation or other device 7other than a ship or vessel7 for the purpose of transporting such resources or transmitting energy4 7,b7 ,leases issued exclusively under this ,act ,mineral or energy leases on the outer ,continental ,shelf shall be maintained or issued only under the provisions of this ,act4 4 ,d ,clean ,energy and ,sustainability ,accelerator #abdja4 ,clean ,energy and ,sustainability ,accelerator ,title ,,xvi of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh1 as amended7 is amended by adding at the end the following new subtitle3 ,c ,clean ,energy and ,sustainability ,accelerator #afba4 ,definitions ,in this subtitle3 7#a7 ,accelerator ,the term ,accelerator means the ,clean ,energy and ,sustainability ,accelerator established under section #afbb4 7#b7 ,board ,the term ,board means the ,board of ,directors of the ,accelerator4 7#c7 ,chief executive officer ,the term chief executive officer means the chief executive officer of the ,accelerator4 7#d7 ,climate-impacted communities ,the term climate-impacted communities includes-- 7,a7 communities of color1 which include any geographically distinct area the population of color of which is higher than the average population of color of the ,state in which the community is located2 7,b7 communities that are already or are likely to be the first communities to feel the direct negative effects of climate change2 7,c7 distressed neighborhoods1 demonstrated by indicators of need1 including poverty1 childhood obesity rates1 academic failure1 and rates of juvenile delinquency1 adjudication1 or incarceration2 7,d7 low-income communities1 defined as any census block group in which #cj percent or more of the population are individuals with low income2 7,e7 low-income households1 defined as a household with annual income equal to1 or less than1 the greater of-- 7i7 an amount equal to #hj percent of the median income of the area in which the household is located1 as reported by the ,department of ,housing and ,urban ,development2 and 7ii7 #bjj percent of the ,federal poverty line2 and 7,f7 rural areas1 which include any area other than-- 7i7 a city or town that has a population of greater than #ej1jjj inhabitants2 and 7ii7 any urbanized area contiguous and adjacent to a city or town described in clause 7i74 7#e7 ,climate resilient infrastructure ,the term climate resilient infrastructure means any project that builds or enhances infrastructure so that such infrastructure-- 7,a7 is planned1 designed1 and operated in a way that anticipates1 prepares for1 and adapts to changing climate conditions2 and 7,b7 can withstand1 respond to1 and recover rapidly from disruptions caused by these climate conditions4 7#f7 ,electrification ,the term electrification means the installation1 construction1 or use of end-use electric technology that replaces existing fossil-fuel-based technology4 7#g7 ,energy efficiency ,the term energy efficiency means any project1 technology1 function1 or measure that results in the reduction of energy use required to achieve the same level of service or output prior to the application of such project1 technology1 function1 or measure1 or substantially reduces greenhouse gas emissions relative to emissions that would have occurred prior to the application of such project1 technology1 function1 or measure4 7#h7 ,fuel switching ,the term fuel switching means any project that replaces a fossil-fuel-based heating system with an electric-powered system or one powered by biomass-generated heat4 7#i7 ,green bank ,the term green bank means a dedicated public or nonprofit specialized finance entity that-- 7,a7 is designed to drive private capital into market gaps for low- and zero-emission goods and services2 7,b7 uses finance tools to mitigate climate change2 7,c7 does not take deposits2 7,d7 is funded by government1 public1 private1 or charitable contributions2 and 7,e7 invests or finances projects-- 7i7 alone2 or 7ii7 in conjunction with other investors4 7#aj7 ,qualified projects ,the term qualified projects means the following kinds of technologies and activities that are eligible for financing and investment from the ,clean ,energy and ,sustainability ,accelerator1 either directly or through ,state and local green banks funded by the ,clean ,energy and ,sustainability ,accelerator3 7,a7 ,renewable energy generation1 including the following3 7i7 ,solar4 7ii7 ,wind4 7iii7 ,geothermal4 7iv7 ,hydropower4 7v7 ,ocean and hydrokinetic4 7vi7 ,fuel cell4 7,b7 ,building energy efficiency1 fuel switching1 and electrification4 7,c7 ,industrial decarbonization4 7,d7 ,grid technology such as transmission1 distribution1 and storage to support clean energy distribution1 including smart-grid applications4 7,e7 ,agriculture and forestry projects that reduce net greenhouse gas emissions4 7,f7 ,clean transportation1 including the following3 7i7 ,battery electric vehicles4 7ii7 ,plug-in hybrid electric vehicles4 7iii7 ,hydrogen vehicles4 7iv7 ,other zero-emissions fueled vehicles4 7v7 ,related vehicle charging and fueling infrastructure4 7,g7 ,climate resilient infrastructure4 7,h7 ,any other key areas identified by the ,board as consistent with the mandate of the ,accelerator as described in section #afbc4 7#aa7 ,renewable energy generation ,the term renewable energy generation means electricity created by sources that are continually replenished by nature1 such as the sun1 wind1 and water4 #afbb4 ,establishment 7a7 ,in general ,not later than #a year after the date of enactment of this subtitle1 there shall be established a nonprofit corporation to be known as the ,clean ,energy and ,sustainability ,accelerator4 7b7 ,limitation ,the ,accelerator shall not be an agency or instrumentality of the ,federal ,government4 7c7 ,full faith and credit ,the full faith and credit of the ,united ,states shall not extend to the ,accelerator4 7d7 ,nonprofit status ,the ,accelerator shall maintain its status as an organization exempt from taxation under the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #a et seq474 #afbc4 ,mandate ,the ,accelerator shall make the ,united ,states a world leader in combating the causes and effects of climate change through the rapid deployment of mature technologies and scaling of new technologies by maximizing the reduction of emissions in the ,united ,states for every dollar deployed by the ,accelerator1 including by-- 7#a7 providing financing support for investments in the ,united ,states in low- and zero-emissions technologies and processes in order to rapidly accelerate market penetration2 7#b7 catalyzing and mobilizing private capital through ,federal investment and supporting a more robust marketplace for clean technologies1 while avoiding competition with private investment2 7#c7 enabling climate-impacted communities to benefit from and afford projects and investments that reduce emissions2 7#d7 providing support for workers and communities impacted by the transition to a low-carbon economy2 7#e7 supporting the creation of green banks within the ,united ,states where green banks do not exist2 and 7#f7 causing the rapid transition to a clean energy economy without raising energy costs to end users and seeking to lower costs where possible4 #afbd4 ,finance and investment division 7a7 ,in general ,there shall be within the ,accelerator a finance and investment division1 which shall be responsible for-- 7#a7 the ,accelerator's greenhouse gas emissions mitigation efforts by directly financing qualifying projects or doing so indirectly by providing capital to ,state and local green banks2 7#b7 originating1 evaluating1 underwriting1 and closing the ,accelerator's financing and investment transactions in qualified projects2 7#c7 partnering with private capital providers and capital markets to attract coinvestment from private banks1 investors1 and others in order to drive new investment into underpenetrated markets1 to increase the efficiency of private capital markets with respect to investing in greenhouse gas reduction projects1 and to increase total investment caused by the ,accelerator2 7#d7 managing the ,accelerator's portfolio of assets to ensure performance and monitor risk2 7#e7 ensuring appropriate debt and risk mitigation products are offered2 and 7#f7 overseeing prudent1 noncontrolling equity investments4 7b7 ,products and investment types ,the finance and investment division of the ,accelerator may provide capital to qualified projects in the form of-- 7#a7 senior1 mezzanine1 and subordinated debt2 7#b7 credit enhancements including loan loss reserves and loan guarantees2 7#c7 aggregation and warehousing2 7#d7 equity capital2 and 7#e7 any other financial product approved by the ,board4 7c7 ,state and local green bank capitalization ,the finance and investment division of the ,accelerator shall make capital available to ,state and local green banks to enable such banks to finance qualifying projects in their markets that are better served by a locally based entity1 rather than through direct investment by the ,accelerator4 7d7 ,investment committee ,the debt1 risk mitigation1 and equity investments made by the ,accelerator shall be-- 7#a7 approved by the investment committee of the ,board2 and 7#b7 consistent with an investment policy that has been established by the investment committee of the ,board in consultation with the risk management committee of the ,board4 #afbe4 ,start-up ,division ,there shall be within the ,accelerator a ,start-up ,division1 which shall be responsible for providing technical assistance and start-up funding to ,states and other political subdivisions that do not have green banks to establish green banks in those ,states and political subdivisions1 including by working with relevant stakeholders in those ,states and political subdivisions4 #afbf4 ,zero-emissions fleet and related infrastructure financing program ,not later than #a year after the date of establishment of the ,accelerator1 the ,accelerator shall explore the establishment of a program to provide low- and zero-interest loans1 up to #cj years in length1 to any school1 metropolitan planning organization1 or nonprofit organization seeking financing for the acquisition of zero-emissions vehicle fleets or associated infrastructure to support zero-emissions vehicle fleets4 #afbg4 ,project prioritization and requirements 7a7 ,emissions reduction mandate ,in investing in projects that mitigate greenhouse gas emissions1 the ,accelerator shall maximize the reduction of emissions in the ,united ,states for every dollar deployed by the ,accelerator4 7b7 ,environmental justice prioritization 7#a7 ,in general ,in order to address environmental justice needs1 the ,accelerator shall1 as applicable1 prioritize the provision of program benefits and investment activity that are expected to directly or indirectly result in the deployment of projects to serve1 as a matter of official policy1 climate-impacted communities4 7#b7 ,minimum percentage ,the ,accelerator shall ensure that over the #cj-year period of its charter #bj percent of its investment activity is directed to serve climate-impacted communities4 7c7 ,consumer protection 7#a7 ,prioritization ,consistent with mandate under section #afbc to maximize the reduction of emissions in the ,united ,states for every dollar deployed by the ,accelerator1 the ,accelerator shall prioritize qualified projects according to benefits conferred on consumers and affected communities4 7#b7 ,consumer credit protection ,the ,accelerator shall ensure that any residential energy efficiency or distributed clean energy project in which the ,accelerator invests directly or indirectly complies with the requirements of the ,consumer ,credit ,protection ,act 7#ae ,u4,s4,c4 #afja et seq471 including1 in the case of a financial product that is a residential mortgage loan1 any requirements of title ,i of that ,act relating to residential mortgage loans 7including any regulations promulgated by the ,bureau of ,consumer ,financial ,protection under section #abi;,c7b77#c77;,c7 of that ,act 7#ae ,u4,s4,c4 #afci;c7b77#c77;,c7774 7d7 ,labor 7#a7 ,in general ,the ,accelerator shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed directly by the ,accelerator will be paid wages not less than those prevailing on similar construction in the locality1 as determined by the ,secretary of ,labor under sections #cada through #cadd1 #cadf1 and #cadg of title #dj1 ,united ,states ,code4 7#b7 ,project labor agreement ,the ,accelerator shall ensure that projects financed directly by the ,accelerator with total capital costs of #ajj1jjj1jjj or greater utilize a project labor agreement4 #afbh4 ,board of ,directors 7a7 ,in general ,the ,accelerator shall operate under the direction of a ,board of ,directors1 which shall be composed of seven members4 7b7 ,initial composition and terms 7#a7 ,selection ,the initial members of the ,board shall be selected as follows3 7,a7 ,appointed members ,three members shall be appointed by the ,president1 with the advice and consent of the ,senate1 of whom no more than two shall belong to the same political party4 7,b7 ,elected members ,four members shall be elected unanimously by the three members appointed and confirmed pursuant to subparagraph 7,a74 7#b7 ,terms ,the terms of the initial members of the ,board shall be as follows3 7,a7 ,the three members appointed and confirmed under paragraph 7#a77;,a7 shall have initial #e-year terms4 7,b7 ,of the four members elected under paragraph 7#a77;,b71 two shall have initial #c-year terms1 and two shall have initial #d-year terms4 7c7 ,subsequent composition and terms 7#a7 ,selection ,except for the selection of the initial members of the ,board for their initial terms under subsection 7b71 the members of the ,board shall be elected by the members of the ,board4 7#b7 ,disqualification ,a member of the ,board shall be disqualified from voting for any position on the ,board for which such member is a candidate4 7#c7 ,terms ,all members elected pursuant to paragraph 7#a7 shall have a term of #e years4 7d7 ,qualifications ,the members of the ,board shall collectively have expertise in-- 7#a7 the fields of clean energy1 electric utilities1 industrial decarbonization1 clean transportation1 resiliency1 and agriculture and forestry practices2 7#b7 climate change science2 7#c7 finance and investments2 and 7#d7 environmental justice and matters related to the energy and environmental needs of climate-impacted communities4 7e7 ,restriction on membership ,no officer or employee of the ,federal or any other level of government may be appointed or elected as a member of the ,board4 7f7 ,quorum ,five members of the ,board shall constitute a quorum4 7g7 ,bylaws 7#a7 ,in general ,the ,board shall adopt1 and may amend1 such bylaws as are necessary for the proper management and functioning of the ,accelerator4 7#b7 ,officers ,in the bylaws described in paragraph 7#a71 the ,board shall-- 7,a7 designate the officers of the ,accelerator2 and 7,b7 prescribe the duties of those officers4 7h7 ,vacancies ,any vacancy on the ,board shall be filled through election by the ,board4 7i7 ,interim appointments ,a member elected to fill a vacancy occurring before the expiration of the term for which the predecessor of that member was appointed or elected shall serve for the remainder of the term for which the predecessor of that member was appointed or elected4 7j7 ,reappointment ,a member of the ,board may be elected for not more than one additional term of service as a member of the ,board4 7k7 ,continuation of service ,a member of the ,board whose term has expired may continue to serve on the ,board until the date on which a successor member is elected4 7l7 ,chief executive officer ,the ,board shall appoint a chief executive officer who shall be responsible for-- 7#a7 hiring employees of the ,accelerator2 7#b7 establishing the two divisions of the ,accelerator described in sections #afbd and #afbe2 and 7#c7 performing any other tasks necessary for the day-to-day operations of the ,accelerator4 7m7 ,advisory committee 7#a7 ,establishment ,the ,accelerator shall establish an advisory committee 7in this subsection referred to as the advisory committee71 which shall be composed of not more than #ac members appointed by the ,board on the recommendation of the president of the ,accelerator4 7#b7 ,members ,members of the advisory committee shall be broadly representative of interests concerned with the environment1 production1 commerce1 finance1 agriculture1 forestry1 labor1 services1 and ,state ,government4 ,of such members-- 7,a7 not fewer than three shall be representatives of the small business community2 7,b7 not fewer than two shall be representatives of the labor community1 except that no two members may be from the same labor union2 7,c7 not fewer than two shall be representatives of the environmental nongovernmental organization community1 except that no two members may be from the same environmental organization2 7,d7 not fewer than two shall be representatives of the environmental justice nongovernmental organization community1 except that no two members may be from the same environmental organization2 7,e7 not fewer than two shall be representatives of the consumer protection and fair lending community1 except that no two members may be from the same consumer protection or fair lending organization2 and 7,f7 not fewer than two shall be representatives of the financial services industry with knowledge of and experience in financing transactions for clean energy and other sustainable infrastructure assets4 7#c7 ,meetings ,the advisory committee shall meet not less frequently than once each quarter4 7#d7 ,duties ,the advisory committee shall-- 7,a7 advise the ,accelerator on the programs undertaken by the ,accelerator2 and 7,b7 submit to the ,congress an annual report with comments from the advisory committee on the extent to which the ,accelerator is meeting the mandate described in section #afbc1 including any suggestions for improvement4 7n7 ,chief risk officer 7#a7 ,appointment ,subject to the approval of the ,board1 the chief executive officer shall appoint a chief risk officer from among individuals with experience at a senior level in financial risk management1 who-- 7,a7 shall report directly to the ,board2 and 7,b7 shall be removable only by a majority vote of the ,board4 7#b7 ,duties ,the chief risk officer1 in coordination with the risk management and audit committees established under section #afca1 shall develop1 implement1 and manage a comprehensive process for identifying1 assessing1 monitoring1 and limiting risks to the ,accelerator1 including the overall portfolio diversification of the ,accelerator4 #afbi4 ,administration 7a7 ,capitalization 7#a7 ,in general ,to the extent and in the amounts provided in advance in appropriations ,acts1 the ,secretary of ,energy shall transfer to the ,accelerator-- 7,a7 #aj1jjj1jjj1jjj on the date on which the ,accelerator is established under section #afbb2 and 7,b7 #b1jjj1jjj1jjj on ,october #a of each of the #e fiscal years following that date4 7#b7 ,authorization of appropriations ,for purposes of the transfers under paragraph 7#a71 there are authorized to be appropriated-- 7,a7 #aj1jjj1jjj1jjj for the fiscal year in which the ,accelerator is established under section #afbb2 and 7,b7 #b1jjj1jjj1jjj for each of the #e succeeding fiscal years4 7b7 ,charter ,the ,accelerator shall establish a charter1 the term of which shall be #cj years4 7c7 ,operational funds ,to sustain operations1 the ,accelerator shall manage revenue from financing fees1 interest1 repaid loans1 and other types of funding4 7d7 ,report ,the ,accelerator shall submit on a quarterly basis to the relevant committees of ,congress a report that describes the financial activities1 emissions reductions1 and private capital mobilization metrics of the ,accelerator for the previous quarter4 7e7 ,restriction ,the ,accelerator shall not accept deposits4 7f7 ,committees ,the ,board shall establish committees and subcommittees1 including-- 7#a7 an investment committee2 and 7#b7 in accordance with section #afcj-- 7,a7 a risk management committee2 and 7,b7 an audit committee4 #afcj4 ,establishment of risk management committee and audit committee 7a7 ,in general ,to assist the ,board in fulfilling the duties and responsibilities of the ,board under this subtitle1 the ,board shall establish a risk management committee and an audit committee4 7b7 ,duties and responsibilities of risk management committee ,subject to the direction of the ,board1 the risk management committee established under subsection 7a7 shall establish policies for and have oversight responsibility for-- 7#a7 formulating the risk management policies of the operations of the ,accelerator2 7#b7 reviewing and providing guidance on operation of the global risk management framework of the ,accelerator2 7#c7 developing policies for-- 7,a7 investment2 7,b7 enterprise risk management2 7,c7 monitoring2 and 7,d7 management of strategic1 reputational1 regulatory1 operational1 developmental1 environmental1 social1 and financial risks2 and 7#d7 developing the risk profile of the ,accelerator1 including-- 7,a7 a risk management and compliance framework2 and 7,b7 a governance structure to support that framework4 7c7 ,duties and responsibilities of audit committee ,subject to the direction of the ,board1 the audit committee established under subsection 7a7 shall have oversight responsibility for-- 7#a7 the integrity of-- 7,a7 the financial reporting of the ,accelerator2 and 7,b7 the systems of internal controls regarding finance and accounting2 7#b7 the integrity of the financial statements of the ,accelerator2 7#c7 the performance of the internal audit function of the ,accelerator2 and 7#d7 compliance with the legal and regulatory requirements related to the finances of the ,accelerator4 #afca4 ,oversight 7a7 ,external oversight ,the inspector general of the ,department of ,energy shall have oversight responsibilities over the ,accelerator4 7b7 ,reports and audit 7#a7 ,annual report ,the ,accelerator shall publish an annual report which shall be transmitted by the ,accelerator to the ,president and the ,congress4 7#b7 ,annual audit of accounts ,the accounts of the ,accelerator shall be audited annually4 ,such audits shall be conducted in accordance with generally accepted auditing standards by independent certified public accountants who are certified by a regulatory authority of the jurisdiction in which the audit is undertaken4 7#c7 ,additional audits ,in addition to the annual audits under paragraph 7#b71 the financial transactions of the ,accelerator for any fiscal year during which ,federal funds are available to finance any portion of its operations may be audited by the ,government ,accountability ,office in accordance with such rules and regulations as may be prescribed by the ,comptroller ,general of the ,united ,states4 #afcb4 ,maximum contingent liability ,the maximum contingent liability of the ,accelerator that may be outstanding at any time shall be not more than #gj1jjj1jjj1jjj in the aggregate4 4 ,e ,scientific ,integrity #abeja4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 science and the scientific process should help inform and guide public policy decisions on a wide range of issues1 including improvement of public health1 protection of the environment1 and protection of national security2 7#b7 the public must be able to trust the science and scientific process informing public policy decisions2 7#c7 science1 the scientific process1 and the communication of science should be free from politics1 ideology1 and financial conflicts of interest2 7#d7 policies and procedures that ensure the integrity of the conduct and communication of publicly funded science are critical to ensuring public trust2 7#e7 a ,federal agency that funds1 conducts1 or oversees research should not suppress1 alter1 interfere with1 or otherwise impede the timely communication and open exchange of data and findings to other agencies1 policymakers1 and the public of research conducted by a scientist or engineer employed or contracted by a ,federal agency that funds1 conducts1 or oversees scientific research2 7#f7 ,federal agencies that fund1 conduct1 or oversee research should work to prevent the suppression or distortion of the data and findings2 7#g7 under the ,first ,amendment to the ,constitution1 citizens of the ,united ,states have the right to petition the government for a redress of grievances2 and 7#h7 ,congress has further protected those rights under section #gbaa of title #e1 ,united ,states ,code1 which states1 the right of employees1 individually or collectively1 to petition ,congress or a member of ,congress 4 4 4 may not be interfered with or denied4 #abejb4 ,amendment to ,america ,,competes ,act ,section #ajji of the ,america ,,competes ,act 7#db ,u4,s4,c4 #ffbj7 is amended by striking subsections 7a7 and 7b7 and inserting the following3 7a7 ,scientific integrity policies 7#a7 ,in general ,not later than #ij days after the date of enactment of the ,scientific ,integrity ,act1 the head of each covered agency shall-- 7,a7 adopt and enforce a scientific integrity policy in accordance with subsections 7b7 and 7c72 and 7,b7 submit such policy to the ,director of the ,office of ,science and ,technology ,policy for approval4 7#b7 ,publication ,not later than #cj days after the ,director of the ,office of ,science and ,technology ,policy approves the scientific integrity policy under paragraph 7#a71 the head of each covered agency shall-- 7,a7 make such policy available to the public on the website of the agency2 and 7,b7 submit such policy to the relevant ,committees of ,congress4 7b7 ,requirements ,a scientific integrity policy under subsection 7a7-- 7#a7 shall prohibit any covered individual from-- 7,a7 engaging in dishonesty1 fraud1 deceit1 misrepresentation1 coercive manipulation1 or other scientific or research misconduct2 7,b7 suppressing1 altering1 interfering with1 delaying without scientific merit1 or otherwise impeding the release and communication of1 scientific or technical findings2 7,c7 intimidating or coercing an individual to alter or censor1 attempting to intimidate or coerce an individual to alter or censor1 or retaliating against an individual for failure to alter or censor1 scientific or technical findings2 or 7,d7 implementing an institutional barrier to cooperation with scientists outside the covered agency and the timely communication of scientific or technical findings2 7#b7 shall allow a covered individual to-- 7,a7 disseminate scientific or technical findings1 subject to existing law1 by-- 7i7 participating in scientific conferences2 and 7ii7 seeking publication in online and print publications through peer-reviewed1 professional1 or scholarly journals2 7,b7 sit on scientific advisory or governing boards2 7,c7 join or hold leadership positions on scientific councils1 societies1 unions1 and other professional organizations2 7,d7 contribute to the academic peer-review process as reviewers or editors2 and 7,e7 participate and engage with the scientific community2 7#c7 may require a covered individual to1 before disseminating scientific or technical findings as described in paragraph 7#b77;,a71 submit such findings to the agency for the purpose of review by the agency of the data and findings for technical accuracy if the scientific integrity policy outlines a clear and consistent process for such review2 and 7#d7 shall require that-- 7,a7 scientific conclusions are not made based on political considerations2 7,b7 the selection and retention of candidates for science and technology positions in the covered agency are based primarily on the candidate's expertise1 scientific credentials1 experience1 and integrity2 7,c7 personnel actions regarding covered individuals1 except for political appointees1 are not taken on the basis of political consideration or ideology2 7,d7 covered individuals adhere to the highest ethical and professional standards in conducting their research and disseminating their findings2 7,e7 the appropriate rules1 procedures1 and safeguards are in place to ensure the integrity of the scientific process within the covered agency2 7,f7 scientific or technological information considered in policy decisions is subject to well-established scientific processes1 including peer review where appropriate2 7,g7 procedures1 including procedures with respect to applicable whistleblower protections1 are in place as are necessary to ensure the integrity of scientific and technological information and processes on which the covered agency relies in its decision making or otherwise uses2 and 7,h7 enforcement of such policy is consistent with the processes for an administrative hearing and an administrative appeal4 7c7 ,implementation ,in carrying out subsection 7a71 the head of each covered agency shall-- 7#a7 design the scientific integrity policy to apply with respect to the covered agency2 7#b7 ensure that such policy is clear with respect to what activities are permitted and what activities are not permitted2 7#c7 ensure that there is a process for individuals not employed or contracted by the agency1 including grantees1 collaborators1 partners1 and volunteers1 to report violations of the scientific integrity policy2 7#d7 enforce such policy uniformly throughout the covered agency2 and 7#e7 make such policy available to the public1 employees1 private contractors1 and grantees of the covered agency4 7d7 ,scientific ,integrity ,officer ,not later than #ij days after the date of enactment of this ,act1 each covered agency shall appoint a ,scientific ,integrity ,officer1 who shall-- 7#a7 be a career employee at the covered agency in a professional position2 7#b7 have technical knowledge and expertise in conducting and overseeing scientific research2 7#c7 direct the activities and duties described in subsections 7e71 7f71 and 7g72 and 7#d7 work closely with the inspector general of the covered agency1 as appropriate4 7e7 ,administrative process and training ,not later than #ahj days after the date of enactment of this ,act1 the head of each covered agency shall establish-- 7#a7 an administrative process and administrative appeal process for dispute resolution consistent with the scientific integrity policy of the covered agency adopted under subsection 7a72 and 7#b7 a training program to provide-- 7,a7 regular scientific integrity and ethics training to employees and contractors of the covered agency2 7,b7 new covered employees with training within one month of commencing employment2 7,c7 information to ensure that covered individuals are fully aware of their rights and responsibilities regarding the conduct of scientific research1 publication of scientific research1 and communication with the media and the public regarding scientific research2 and 7,d7 information to ensure that covered individuals are fully aware of their rights and responsibilities for administrative hearings and appeals established in the covered agency's scientific integrity policy4 7f7 ,reporting 7#a7 ,annual report ,each year1 each ,scientific ,integrity ,officer appointed by a covered agency under subsection 7d7 shall post an annual report on the public website of the covered agency that includes1 for the year covered by the report-- 7,a7 the number of complaints of misconduct with respect to the scientific integrity policy adopted under subsection 7a7-- 7i7 filed for administrative redress2 7ii7 petitioned for administrative appeal2 and 7iii7 still pending from years prior to the year covered by the report1 if any2 7,b7 an anonymized summary of each such complaint and the results of each such complaint2 and 7,c7 any changes made to the scientific integrity policy4 7#b7 ,incident report 7,a7 ,in general ,not later than #cj days after the date on which an incident described in subparagraph 7,b7 occurs1 the head of a covered agency shall submit a report describing the incident to the ,office of ,science and ,technology ,policy and the relevant ,committees of ,congress4 7,b7 ,incident ,an incident described under this paragraph is an incident in which an individual1 acting outside the channels established under subsection 7e71 overrules the decision of the ,scientific ,integrity ,officer with respect to a dispute regarding a violation of the scientific integrity policy4 7g7 ,office of ,science and ,technology ,policy ,the ,director of the ,office of ,science and ,technology ,policy shall-- 7#a7 collate1 organize1 and publicly share all information it receives under subsection 7f7 in one place on its own website2 and 7#b7 on an annual basis1 convene the ,scientific ,integrity ,officer of each covered agency appointed under subsection 7d7 to discuss best practices for implementing the requirements of this section4 7h7 ,periodic review and approval 7#a7 ,internal review ,the head of each covered agency shall periodically conduct a review of the scientific integrity policy and change such policy as appropriate4 7#b7 ,review by the ,office of ,science and ,technology ,policy 7,a7 ,review of substantial updates ,the head of each covered agency shall submit to the ,office of ,science and ,technology ,policy for approval any substantial changes to the scientific integrity policy4 7,b7 ,quinquennial review ,not later than #e years after the date of the enactment of the ,clean ,economy ,jobs and ,innovation ,act1 and quinquennially thereafter1 the head of each covered agency shall submit the scientific integrity policy to the ,office of ,science and ,technology ,policy for review and approval4 7i7 ,comptroller ,general review ,not later than #b years after the date of the enactment of the ,clean ,economy ,jobs and ,innovation ,act1 the ,comptroller ,general shall conduct a review of the implementation of the scientific integrity policy by each covered agency4 7j7 ,definitions ,in this section3 7#a7 ,agency ,the term agency has the meaning given the term in section #eea of title #e1 ,united ,states ,code4 7#b7 ,covered agency ,the term covered agency means an agency that funds1 conducts1 or oversees scientific research4 7#c7 ,covered individual ,the term covered individual means a ,federal employee or contractor who-- 7,a7 is engaged in1 supervises1 or manages scientific activities2 7,b7 analyzes or publicly communicates information resulting from scientific activities2 or 7,c7 uses scientific information or analyses in making bureau1 office1 or agency policy1 management1 or regulatory decisions4 7#d7 ,relevant committees of ,congress ,the term relevant ,committees of ,congress means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7,b7 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives4 4 #abejc4 ,existing policies2 clarification 7a7 ,existing scientific integrity policies ,notwithstanding the amendments made by this subtitle1 a covered agency's scientific integrity policy that was in effect on the day before the date of enactment of this ,act may satisfy the requirements under the amendments made by this subtitle if the head of the covered agency-- 7#a7 makes a written determination that the policy satisfies such requirements2 and 7#b7 submits the written determination and the policy to the ,director of the ,office of ,science and ,technology ,policy for review and approval4 7b7 ,clarification ,nothing in this subtitle shall affect the application of ,united ,states copyright law4 7c7 ,covered agency defined ,the term covered agency has the meaning given the term in section #ajji of the ,america ,,competes ,act 7#db ,u4,s4,c4 #ffbj74 ,f ,other matters #abfja4 ,authorization ,section #aab7;a77#a77;,b7 of the ,uranium ,mill ,tailings ,radiation ,control ,act of #aigh 7#db ,u4,s4,c4 #gibb7;a77#a77;,b77 is amended by striking ,september #cj1 #bjbc and inserting ,september #cj1 #bjca4 #abfjb4 ,addressing insufficient compensation of employees and other personnel of the ,federal ,energy ,regulatory ,commission 7a7 ,in general ,section #dja of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaga7 is amended by adding at the end the following3 7k7 ,addressing insufficient compensation of employees and other personnel of the ,commission 7#a7 ,in general ,notwithstanding any other provision of law1 if the ,chairman publicly certifies that compensation for a category of employees or other personnel of the ,commission is insufficient to retain or attract employees and other personnel to allow the ,commission to carry out the functions of the ,commission in a timely1 efficient1 and effective manner1 the ,chairman may fix the compensation for the category of employees or other personnel without regard to chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 or any other civil service law4 7#b7 ,certification requirements ,a certification issued under paragraph 7#a7 shall-- 7,a7 apply with respect to a category of employees or other personnel responsible for conducting work of a scientific1 technological1 engineering1 or mathematical nature2 7,b7 specify a maximum amount of reasonable compensation for the category of employees or other personnel2 7,c7 be valid for a #e-year period beginning on the date on which the certification is issued2 7,d7 be no broader than necessary to achieve the objective of retaining or attracting employees and other personnel to allow the ,commission to carry out the functions of the ,commission in a timely1 efficient1 and effective manner2 and 7,e7 include an explanation for why the other approaches available to the ,chairman for retaining and attracting employees and other personnel are inadequate4 7#c7 ,renewal 7,a7 ,in general ,not later than #ij days before the date of expiration of a certification issued under paragraph 7#a71 the ,chairman shall determine whether the certification should be renewed for a subsequent #e-year period4 7,b7 ,requirement ,if the ,chairman determines that a certification should be renewed under subparagraph 7,a71 the ,chairman may renew the certification1 subject to the certification requirements under paragraph 7#b7 that were applicable to the initial certification4 7#d7 ,new hires 7,a7 ,in general ,an employee or other personnel that is a member of a category of employees or other personnel that would have been covered by a certification issued under paragraph 7#a71 but was hired during a period in which the certification has expired and has not been renewed under paragraph 7#c7 shall not be eligible for compensation at the level that would have applied to the employee or other personnel if the certification had been in effect on the date on which the employee or other personnel was hired4 7,b7 ,compensation of new hires on renewal ,on renewal of a certification under paragraph 7#c71 the ,chairman may fix the compensation of the employees or other personnel described in subparagraph 7,a7 at the level established for the category of employees or other personnel in the certification4 7#e7 ,retention of level of fixed compensation ,a category of employees or other personnel1 the compensation of which was fixed by the ,chairman in accordance with paragraph 7#a71 may1 at the discretion of the ,chairman1 have the level of fixed compensation for the category of employees or other personnel retained1 regardless of whether a certification described under that paragraph is in effect with respect to the compensation of the category of employees or other personnel4 7#f7 ,consultation required ,the ,chairman shall consult with the ,director of the ,office of ,personnel ,management in implementing this subsection1 including in the determination of the amount of compensation with respect to each category of employees or other personnel4 7#g7 ,experts and consultants 7,a7 ,in general ,subject to subparagraph 7,b71 the ,chairman may-- 7i7 obtain the services of experts and consultants in accordance with section #caji of title #e1 ,united ,states ,code2 7ii7 compensate those experts and consultants for each day 7including travel time7 at rates not in excess of the rate of pay for level ,,iv of the ,executive ,schedule under section #ecae of that title2 and 7iii7 pay to the experts and consultants serving away from the homes or regular places of business of the experts and consultants travel expenses and per diem in lieu of subsistence at rates authorized by sections #egjb and #egjc of that title for persons in ,government service employed intermittently4 7,b7 ,limitations ,the ,chairman shall-- 7i7 to the maximum extent practicable1 limit the use of experts and consultants pursuant to subparagraph 7,a72 and 7ii7 ensure that the employment contract of each expert and consultant employed pursuant to subparagraph 7,a7 is subject to renewal not less frequently than annually4 4 7b7 ,reports 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and every #b years thereafter for #aj years1 the ,chairman of the ,federal ,energy ,regulatory ,commission shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report on information relating to hiring1 vacancies1 and compensation at the ,federal ,energy ,regulatory ,commission4 7#b7 ,inclusions ,each report under paragraph 7#a7 shall include-- 7,a7 an analysis of any trends with respect to hiring1 vacancies1 and compensation at the ,federal ,energy ,regulatory ,commission2 and 7,b7 a description of the efforts to retain and attract employees or other personnel responsible for conducting work of a scientific1 technological1 engineering1 or mathematical nature at the ,federal ,energy ,regulatory ,commission4 7c7 ,applicability ,the amendment made by subsection 7a7 shall apply beginning on the date that is #cj days after the date of enactment of this ,act4 #abfjc4 ,office of ,public ,participation ,section #cai of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbeq-#a7 is amended-- 7#a7 in subsection 7a77#a71 by inserting 1 to facilitate communication with the public relating to1 and participation by the public in1 matters under the jurisdiction of the ,commission1 including under this ,act and the ,natural ,gas ,act before the period at the end2 7#b7 in subsection 7b71 by striking paragraph 7#d7 and inserting the following3 7#d7 ,the ,office shall promote1 through outreach1 publications1 and1 as appropriate1 direct communication with entities regulated by the ,commission-- 7,a7 improved compliance with rules and orders of the ,commission2 and 7,b7 public participation in matters before the ,commission4 7#e7 ,the ,director may assign staff to intervene1 appear1 and participate in administrative1 regulatory1 or judicial proceedings on behalf of individuals or entities intervening or participating1 or proposing to intervene or participate1 in proceedings before the ,commission by representing the interests of such individuals or entities on any matter before the ,commission4 7#f7 ,the ,office shall advocate for1 and act as a liaison with1 environmental justice communities on matters under the jurisdiction of the ,commission4 2 and 7#c7 by adding at the end the following3 7c7 ,funding ,funding for the ,office shall be derived from fees and charges collected under section #cdja of the ,omnibus ,budget ,reconciliation ,act of #aihf4 7d7 ,definitions ,in this section3 7#a7 ,community of color ,the term community of color means any geographically distinct area the population of color of which is higher than the average population of color of the ,state in which the community is located4 7#b7 ,environmental justice community ,the term environmental justice community means a community with significant representation of communities of color1 low-income communities1 or indigenous communities1 that experiences1 or is at risk of experiencing1 higher or more adverse human health or environmental effects4 7#c7 ,indigenous community ,the term indigenous community means-- 7,a7 a federally recognized ,indian ,tribe2 7,b7 a ,state-recognized ,indian ,tribe2 7,c7 an ,alaska ,native or ,native ,hawaiian community or organization2 and 7,d7 any other community of indigenous people4 7#d7 ,low-income community ,the term low-income community means any census block group in which #cj percent or more of the population are individuals with low income4 7#e7 ,population of color ,the term population of color means a population of individuals who identify as-- 7,a7 ,black2 7,b7 ,african ,american2 7,c7 ,asian2 7,d7 ,pacific ,islander2 7,e7 another non-,white race2 7,f7 ,hispanic2 7,g7 ,latino2 or 7,h7 linguistically isolated4 4 #abfjd4 ,background ozone research 7a7 ,study on background ozone research needs 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,administrator of the ,environmental ,protection ,agency shall seek to enter an agreement with the ,national ,academies of ,sciences1 ,engineering1 and ,medicine 7referred to in this section as the ,national ,academies7 under which the ,national ,academies shall conduct a study on the current and future research needs regarding background ozone4 ,the study shall-- 7,a7 propose a framework of standard terms and definitions for types of non-local ground level ozone1 including types of background ozone1 to standardize research on ground-level ozone2 7,b7 examine the current understanding of background sources of ozone and the contribution of such sources to ground-level ozone in the ,united ,states to identify gaps in knowledge that need to be addressed with additional research2 7,c7 examine challenges in quantifying the sources of background ozone and the contributions of each such source to ground-level ozone on a regional scale in the ,united ,states and identifies specific research needs to address these challenges2 7,d7 include an outline of a plan for a research and development program1 including specifications for costs1 timeframes1 and responsible agencies1 to support analysis and demonstration of background ozone trends1 including by-- 7i7 improving collection and observational infrastructure2 7ii7 improving confidence in model outputs2 7iii7 reducing uncertainties in estimates of background ozone2 and 7iv7 making background ozone research outputs more useful and accessible to decision-makers2 and 7,e7 identify opportunities for international engagement that may facilitate increased research collaborations that improve understanding of ozone trends4 7#b7 ,report ,as a condition of any agreement under subsection 7a71 the ,administrator shall require that the ,national ,academies transmit to ,congress a report on the results of the study under subsection 7a7 not later than #bd months after the date on which such agreement is finalized4 7b7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #a1bjj1jjj4 #abfje4 ,smoke planning and research 7a7 ,research on wildfire smoke 7#a7 ,centers of excellence 7,a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator of the ,environmental ,protection ,agency 7referred to in this subsection as the ,administrator7 shall establish at institutions of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a777 #d centers1 each of which shall be known as a ,center of ,excellence for ,wildfire ,smoke1 to carry out research1 outreach1 and community engagement1 relating to-- 7i7 the effects on public health1 including the health of outdoor workers1 of smoke emissions from wildland fires2 and 7ii7 means by which communities can better respond to the impacts of emissions from wildland fires4 7,b7 ,priority ,in selecting institutions of higher education at which to establish a center under subparagraph 7,a71 the ,administrator shall give priority to institutions that-- 7i7 have established expertise or dedicated centers for air quality research2 7ii7 have experience with relevant outreach and extension work2 7iii7 have established relationships with relevant ,federal1 ,state1 and local agencies1 community organizations1 and ,indian ,tribes2 and 7iv7 are located in an area that is economically or environmentally impacted by wildfire smoke4 7,c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out this paragraph #aj1jjj1jjj for each of fiscal years #bjba through #bjbe4 7#b7 ,research 7,a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall carry out research-- 7i7 to study the health effects of smoke emissions from wildland fires2 7ii7 to develop and disseminate personal and community-based interventions to reduce exposure to and adverse health effects of smoke emissions from wildland fires2 7iii7 to increase the quality of smoke monitoring and prediction tools and techniques2 and 7iv7 to develop implementation and communication strategies4 7,b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out this paragraph #bj1jjj1jjj for each of fiscal years #bjba through #bjbe4 7b7 ,community smoke planning 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall establish a competitive grant program to assist eligible entities described in paragraph 7#b7 in developing and implementing collaborative community plans for mitigating the impacts of smoke emissions from wildland fires4 7#b7 ,eligible entities ,an entity that is eligible to submit an application for a grant under paragraph 7#a7 is-- 7,a7 a ,state2 7,b7 a unit of local government 7including any special district1 such as an air quality management district or a school district72 or 7,c7 an ,indian ,tribe4 7#c7 ,applications ,to be eligible to receive a grant under paragraph 7#a71 an eligible entity described in paragraph 7#b7 shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require1 which shall include plans to collaborate with a public institution of higher education or other research institution that-- 7,a7 has established expertise or dedicated centers for air quality research2 7,b7 has experience with relevant outreach and extension work2 7,c7 has established relationships with relevant ,federal1 ,state1 and local agencies1 community organizations1 and ,indian ,tribes2 and 7,d7 is located in an area that is economically or environmentally impacted by wildfire smoke4 7#d7 ,technical assistance ,the ,administrator may use amounts made available to carry out this subsection to provide to eligible entities described in paragraph 7#b7 technical assistance in-- 7,a7 submitting grant applications under paragraph 7#c72 or 7,b7 carrying out projects using a grant under this subsection4 7#e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out this subsection #ej1jjj1jjj for each of fiscal years #bjba through #bjbe4 #abfjf4 ,report on effects of emissions from fossil fuel facilities 7a7 ,study 7#a7 ,in general ,the ,administrator shall conduct a study to evaluate the effect of emissions from fossil fuel facilities on the health of environmental justice communities1 including such effects on the environment or that result in adverse human health for such communities4 7#b7 ,inclusion ,in evaluating effects under paragraph 7#a71 the ,administrator of the ,environmental ,protection ,agency shall consider the distance between fossil fuel facilities and environmental justice communities4 7b7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall submit to ,congress a report that summarizes the study conducted under subsection 7a74 7c7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,environmental justice community ,the term environmental justice community has the meaning given such term in section #aajja4 7#c7 ,fossil fuel facility ,the term fossil fuel facility has the meaning given such term by the ,administrator for purposes of the ,national ,emissions ,inventory4 #abfjg4 ,wildfire hazard severity mapping for electric transmission and distribution infrastructure 7a7 ,map required ,not later than #b years after the date of the enactment of this section1 the ,secretary of ,energy shall-- 7#a7 use the most recent ,,landfire data to generate a geospatial map for the conterminous ,united ,states that depicts wildfire risk to electric utilities that-- 7,a7 manage electric transmission infrastructure or rights-of-ways on public lands2 and 7,b7 maintain equipment that is at risk of igniting or being impacted by wildland fire2 and 7#b7 disseminate the information generated under paragraph 7#a7 in an appropriate format for use by electric utilities in order to-- 7,a7 improve understanding of wildfire risk2 7,b7 identify areas and assets at the highest risk2 7,c7 prioritize infrastructure maintenance and vegetation management2 7,d7 identify opportunities for energy storage and microgrid projects2 and 7,e7 develop plans for regular and emergency access to manage and mitigate wildfire risk4 7b7 ,consultation ,in carrying out subsection 7a71 the ,secretary of ,energy shall consult with-- 7#a7 the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service2 7#b7 the ,secretary of the ,interior2 7#c7 the ,administrator of the ,federal ,emergency ,management ,agency2 7#d7 other appropriate ,federal agencies2 7#e7 ,states2 7#f7 relevant colleges1 universities1 and institutions of higher education with relevant expertise2 and 7#g7 other entities1 as appropriate4 7c7 ,electric utility defined ,in this section1 the term electric utility means-- 7#a7 a rural electric cooperative2 7#b7 a political subdivision of a ,state1 such as a municipally owned electric utility1 or any agency1 authority1 corporation1 or instrumentality of one or more ,state political subdivisions2 and 7#c7 an investor-owned utility4 #abfjh4 ,wildfire smoke emissions modeling and forecasting improvement program 7a7 ,in general ,the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 in collaboration with other ,federal agencies and such academic entities as the ,administrator considers appropriate1 shall maintain a program to improve wildfire smoke emissions modeling and develop smoke forecasts4 7b7 ,goal ,the goal of the program under subsection 7a7 shall be to develop and extend accurate wildfire smoke forecasts and impact-based decision support services in order to reduce loss of life1 injury1 and damage to the economy with a focus on-- 7#a7 improving modeling of wildfire smoke emissions1 transport1 mixing1 and chemical transformations through advanced modeling approaches2 7#b7 developing and disseminating smoke forecasts2 and 7#c7 incorporating risk communication research in developing smoke forecasts and fire weather warning products4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator of the ,national ,oceanic and ,atmospheric ,administration to carry out this section #bj1jjj1jjj for each of fiscal years #bjba through #bjbe4 #abfji4 ,exposure to wildfire smoke and air pollution 7a7 ,impacts of acute exposure to wildifre smoke and ,,covid-#ai ,the ,administrator of the ,environmental ,protection ,agency1 in coordination with the ,director of the ,centers for ,disease ,control and ,prevention1 and other ,federal agencies as appropriate1 shall coordinate data collection and epidemiological analysis of the impacts of acute air pollution exposure from wildfires in the context of the ,,covid-#ai pandemic4 7b7 ,chronic air pollution exposure ,the ,administrator of the ,environmental ,protection ,agency1 acting through the ,assistant ,administrator for ,research and ,development1 shall coordinate with academic institutions and other research organizations to conduct research to estimate the impacts of chronic exposure to air pollutants1 and other pertinent variables1 in the context of responding to the ,,covid-#ai pandemic4 #abfaj4 ,budgetary effects ,the budgetary effects of this ,act1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go ,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this ,act1 submitted for printing in the ,congressional ,record by the ,chairman of the ,house ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4 #abfaa4 ,effective date ,this ,act1 and the amendments made by this ,act1 shall not take effect until the date on which the ,secretary of ,energy submits to ,congress a certification that implementation of this ,act1 and the amendments made by this ,act1 will not reduce the energy security or energy independence of the ,united ,states4 #abfab4 ,effective date ,this ,act1 and the amendments made by this ,act1 shall not take effect until the date on which the ,secretary of ,energy submits to ,congress a certification that implementation of this ,act1 and the amendments made by this ,act1 will not increase electric rates or gasoline prices outside of normal market factors4 #abfac4 ,report on mining of critical minerals using forced labor in foreign countries ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of the ,interior1 in consultation with the ,commissioner of ,u4,s4 ,customs and ,border ,protection and the ,secretary of ,state1 shall submit to the ,congress a report evaluating the use of child labor1 slavery1 or human trafficking to mine or otherwise obtain one or more of the minerals listed in the ,notice of the ,department of the ,interior entitled ,final ,list of ,critical ,minerals #bjah 7#hc ,fed4 ,reg4 #bcbie71 or in any successor notice updating such ,final ,list1 for export to the ,united ,states4 #abfad4 ,tree planting grant program 7a7 ,definitions ,in this section3 7#a7 ,eligible cost ,the term eligible cost means1 with respect to a project-- 7,a7 the cost of implementing the project1 including-- 7i7 planning and designing the planting activity2 7ii7 purchasing trees2 and 7iii7 preparing the site and conducting planting1 including the labor and cost associated with the use of machinery2 7,b7 the cost of maintaining and monitoring planted trees for a period of up to #c years to ensure successful establishment of the trees2 7,c7 the cost of training activities associated with the project2 and 7,d7 any other relevant cost1 as determined by the ,secretary4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state agency2 7,b7 a local governmental entity2 7,c7 an ,indian ,tribe2 7,d7 a nonprofit organization2 and 7,e7 a retail power provider4 7#c7 ,energy burden ,the term energy burden means the percentage of household income spent on home energy bills4 7#d7 ,indian tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#e7 ,local governmental entity ,the term local governmental entity means any municipal government or county government with jurisdiction over local land use decisions4 7#f7 ,nonprofit organization ,the term nonprofit organization means an organization that-- 7,a7 is described in section #agj7;h77#c7 of the ,internal ,revenue ,code of #aihf2 and 7,b7 operates in accordance with #a or more of the purposes described in section #agj7;h77#d77;,a7 of that ,code4 7#g7 ,program ,the term ,program means the grant program established under subsection 7b77#a74 7#h7 ,project ,the term project means a tree planting project carried out by an eligible entity using grant funds awarded under the ,program4 7#i7 ,retail power provider ,the term retail power provider means any entity authorized under applicable ,state or ,federal law to generate1 distribute1 or provide retail electricity1 natural gas1 or fuel oil service4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,establishment 7#a7 ,in general ,the ,secretary1 in coordination with the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 shall establish a program under which the ,secretary shall award grants to eligible entities to conduct tree planting projects in accordance with this section4 7#b7 ,tree planting ,subject to the availability of appropriations1 in carrying out the ,program1 the ,secretary shall1 to the maximum extent practicable1 award sufficient grants each year to plant not less than #cjj1jjj trees each year4 7c7 ,applications 7#a7 ,in general ,an eligible entity that seeks to receive a grant under the ,program shall submit an application to the ,secretary at such time1 in such form1 and containing such information as the ,secretary may require1 including the information described in paragraph 7#b74 7#b7 ,contents ,an application submitted under paragraph 7#a7 shall include-- 7,a7 a description of how the project will reduce residential energy consumption2 7,b7 an estimate of the expected reduction in residential energy consumption2 7,c7 a description of the total eligible costs of the project and sources of funding for the project2 7,d7 a description of the anticipated community and stakeholder engagement in the project2 7,e7 a description of the tree species to be planted and how that species is suitable for the local environmental conditions and climate2 and 7,f7 any other relevant information required by the ,secretary4 7d7 ,priority ,in awarding grants under the ,program1 the ,secretary shall give priority to projects that-- 7#a7 provide the largest potential reduction in residential energy consumption for households with a high energy burden2 7#b7 are located in a neighborhood with lower tree canopy cover and higher maximum daytime summer temperatures2 7#c7 are located in a neighborhood with high amounts of senior citizens or children2 7#d7 will collaboratively engage neighbors and community members that will be closely affected by the tree planting2 and 7#e7 will employ a substantial percentage of the workforce locally1 with a focus on engaging unemployed and underemployed persons4 7e7 ,costs 7#a7 ,federal share ,the ,secretary shall award a grant to an eligible entity under the ,program in an amount equal to not more than #ge percent of the eligible costs of the project1 as determined by the ,secretary4 7#b7 ,matching requirement ,as a condition of receiving a grant under the ,program1 an eligible entity shall provide1 in cash or through in-kind contributions from non-,federal sources1 matching funds in an amount equal to not less than #be percent of the eligible costs of the project1 as determined by the ,secretary4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to carry out the ,program #ej1jjj1jjj for each of fiscal years #bjba through #bjbe4 #abfae ,labor ,standards 7a7 ,in general ,notwithstanding any other provision of law1 for fiscal year #bjba and each fiscal year thereafter1 any construction or maintenance projects1 including installation or removal of applicable infrastructure1 assisted in whole or in part by funds appropriated under sections #abjc1 #abba1 #ahjb1 #ahjc1 #ahjd1 #ahje1 #babb1 #bdja1 #bejb1 #bejc1 #bejd1 #beje1 #bebb1 #bebc1 #bebd1 #bebe1 #bedb1 #bedc1 #bedd1 #bede1 #bedg1 #beeb1 #beec1 #befa1 #cajb1 #cajc1 #cajd1 #caje1 #cajf1 #cajg1 #caji1 #caaj1 #caaa1 #caab1 #cbja1 #daja1 #dbjb1 #eaja1 #ecja1 #ecjb1 #ecba1 #ecbb1 #ecbc1 #ecbd1 #ecda1 #ecdb1 #fbja1 #fcja1 #fejb1 #feab1 #gjja1 #haja1 #hajb1 #hbjf1 #hcjd1 #iaje1 #icjb1 #icjd1 #ajaba1 and #abdja of this ,act and including #db ,u4,s4,c4 #agjaa and #db ,u4,s4,c4 #afjfa1 without regard to the form or type of ,federal assistance provided under such section or part1 shall comply with labor standards under this section4 ,compliance with labor standards under this section shall also apply to entities that are awarded permits1 leases or enter into agreements with the ,federal ,government under subtitle ,f of ,title ,,ii of this ,act4 7b7 ,certification of qualified entities 7#a7 ,in general ,the ,secretary of ,labor shall establish a process for certifying entities that submit an application under paragraph 7#b7 as qualified entities with respect to construction and maintenance projects funded in part or whole under sections #abjc1 #abba1 #ahjb1 #ahjc1 #ahjd1 #ahje1 #babb1 #bdja1 #bejb1 #bejc1 #bejd1 #beje1 #bebb1 #bebc1 #bebd1 #bebe1 #bedb1 #bedc1 #bedd1 #bede1 #bedg1 #beeb1 #beec1 #befa1 #cajb1 #cajc1 #cajd1 #caje1 #cajf1 #cajg1 #caji1 #caaj1 #caaa1 #caab1 #cbja1 #daja1 #dbjb1 #eaja1 #ecja1 #ecjb1 #ecba1 #ecbb1 #ecbc1 #ecbd1 #ecda1 #ecdb1 #fbja1 #fcja1 #fejb1 #feab1 #gjja1 #haja1 #hajb1 #hbjf1 #hcjd1 #iaje1 #icjb1 #icjd1 #ajaba1 and #abdja of this ,act and including #db ,u4,s4,c4 #agjaa and #db ,u4,s4,c4 #afjfa4 7#b7 ,application process ,an entity seeking certification as a qualified entity under this section shall submit an application to the ,secretary of ,labor at such time1 in such manner1 and containing such information as the ,secretary may reasonably require1 including information to demonstrate compliance with the requirements under subsection 7c74 7#c7 ,requests for additional information ,not later than #a year after receiving an application from an entity under paragraph 7#b7-- 7,a7 the ,secretary of ,labor may request additional information from the entity in order to determine whether the entity is in compliance with the requirements under subsection 7c72 and 7,b7 the entity shall provide such additional information within #cj days of the ,secretary of ,labor's request under subparagraph 7,a74 7#d7 ,determination deadline ,the ,secretary of ,labor shall make a determination on whether to certify an entity under this section not later than-- 7,a7 in a case in which the ,secretary requests additional information described in paragraph 7#c71 #a year after the ,secretary receives such additional information from the entity2 or 7,b7 in a case that is not described in paragraph 7#c77;,a71 #a year after the date on which the entity submits the application under paragraph 7#b74 7#e7 ,precertification remedies ,the ,secretary shall consider any corrective actions taken by an entity seeking certification under this subsection to remedy an administrative merits determination1 arbitral award or decision1 or civil judgment identified under subsection 7c77#c7 and shall impose as a condition of certification any additional remedies necessary to avoid further or repeated violations4 7c7 ,labor standards requirements ,the ,secretary of ,labor shall require an entity1 as a condition of certification under this section1 to satisfy each of the following requirements3 7#a7 ,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 #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act74 7#b7 ,in the case of any construction or maintenance project1 the cost of which exceeds #be1jjj1jjj1 the entity shall be a party to1 or require contractors and subcontractors in the performance of such construction or maintenance project to consent to1 a covered project labor agreement4 7#c7 ,the entity1 and all contractors and subcontractors in performance of any construction or maintenance project1 shall represent in the application submitted under subsection 7b77#b7 7and periodically thereafter during the performance of the construction or maintenance project as the ,secretary of ,labor may require7 whether there has been any administrative merits determination1 arbitral award or decision1 or civil judgment1 as defined in guidance issued by the ,secretary of ,labor1 rendered against the entity in the preceding #c years 7or1 in the case of disclosures after the initial disclosure1 during such period as the ,secretary of ,labor may provide7 for violations of-- 7,a7 the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq472 7,b7 the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq472 7,c7 the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahja et seq472 7,d7 the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq472 7,e7 subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act72 7,f7 chapter #fg of title #da1 ,united ,states ,code 7commonly known as the ,service ,contract ,act72 7,g7 ,executive ,order ,no4 #aabdf1 as amended 7relating to equal employment opportunity72 7,h7 section #ejc of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gic72 7,i7 section #dbab of title #ch1 ,united ,states ,code2 7,j7 the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfja et seq472 7,k7 title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 7,l7 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 7,m7 the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq472 7,n7 ,executive ,order ,no4 #acfeh1 dated ,february #bjad1 7entitled ,establishing a ,minimum ,wage for ,contractors72 or 7,o7 equivalent ,state laws1 as defined in guidance issued by the ,secretary of ,labor4 7#d7 ,the entity1 and all contractors and subcontractors in the performance of construction or maintenance project1 shall not require arbitration for any dispute involving an employee described in paragraph 7#e7 engaged in a service for the entity or any contractor and subcontractor1 or enter into any agreement with such employee requiring arbitration of any such dispute1 unless such employee is covered by a collective bargaining agreement that provides otherwise4 7#e7 ,for purposes of compliance with the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq471 the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq471 and the requirements under this section1 the entity1 and all contractors and subcontractors in the performance of any construction or maintenance project1 shall consider an individual performing any service in such performance as an employee 7and not an independent contractor7 of the entity1 contractor1 or subcontractor1 respectively1 unless-- 7,a7 the individual is free from control and direction in connection with the performance of the service1 both under the contract for the performance of the service and in fact2 7,b7 the service is performed outside the usual course of the business of the entity1 contractor1 or subcontractor1 respectively2 and 7,c7 the individual is customarily engaged in an independently established trade1 occupation1 profession1 or business of the same nature as that involved in such service4 7#f7 ,the entity shall prohibit all contractors and subcontractors 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 acute1 short-term labor demand4 7#g7 ,the entity shall require all contractors1 subcontractors1 successors in interest of the entity1 and other entities that may acquire the entity1 in the performance or acquisition of any construction or maintenance project1 to have and abide by an explicit neutrality policy on any issue involving the exercise by employees of the entity as described in paragraph 7#e71 and of all contractors and subcontractors in the performance of any construction or maintenance project1 of the right to organize and bargain collectively through representatives of their own choosing4 7#h7 ,the entity shall require all contractors and subcontractors to participate in a registered apprenticeship program for each skilled craft employed on any construction or maintenance project4 7#i7 ,the entity1 and all contractors and subcontractors in the performance of any construction or maintenance project1 shall not request or otherwise consider the criminal history of an applicant for employment before extending a conditional offer to the applicant1 unless-- 7,a7 a background check is otherwise required by law2 7,b7 the position is for a ,federal law enforcement officer 7as defined in section #aae7;c77#a7 of title #ah1 ,united ,states ,code7 position2 or 7,c7 the ,secretary of ,labor1 after consultation with the ,secretary of ,energy1 certifies that precluding criminal history prior to the conditional offer would pose a threat to national security4 7d7 ,davis-,bacon ,act ,the ,secretary of ,labor shall have1 with respect to the labor standards described in subsection 7d77#a71 the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7e7 ,period of validity for certifications ,a certification made under this section shall be in effect for a period of #e years4 ,an entity may reapply to the ,secretary of ,labor for an additional certification under this section in accordance with the application process under subsection 7b77#b74 7f7 ,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 requirements of subsection 7c74 7g7 ,certification may cover more than #a substantially similar project ,the ,secretary of ,labor may make certifications under this section which apply with respect to more than #a project if the projects to which such certification apply are substantially similar projects which meet the requirements of this section4 ,such projects shall be treated as a specific construction or maintenance project for purposes of subsection 7h77#b74 7h7 ,definitions ,in this section3 7#a7 ,covered project labor agreement ,the term covered project labor agreement means a project labor agreement that-- 7,a7 binds all contractors and subcontractors on the construction project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents2 7,b7 allows all contractors and subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise a party to a collective bargaining agreement2 7,c7 contains guarantees against strikes1 lockouts1 and other similar job disruptions2 7,d7 sets forth effective1 prompt1 and mutually binding procedures for resolving labor disputes arising during the covered project labor agreement2 and 7,e7 provides other mechanisms for labor-management cooperation on matters of mutual interest and concern1 including productivity1 quality of work1 safety1 and health4 7#b7 ,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 #h7;f7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;f774 7#c7 ,qualified entity ,the term qualified entity means an applicant for certification under subsection 7b7 that the ,secretary of ,labor certifies as a qualified entity in accordance with subsection 7b74 7i7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this such sums as necessary for fiscal year #bjbj and each fiscal year thereafter4 #abfaf4 ,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 projects1 programs1 and other applicable items in this ,act nor to undermine or affect the enforcement of laws relating to protections against child labor and forced labor1 including-- 7#a7 the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq472 7#b7 title #bi1 subtitle ,b1 chapter ,v1 ,subchapter ,a1 ,part #egj1 the ,child ,labor ,regulations1 ,orders1 and ,statements of ,interpretation2 7#c7 article #c of the ,international ,labor ,organization ,convention concerning the prohibition and immediate action for the elimination of the worst forms of child labor 7,december #b1 #bjjj71 or in violation of human rights2 7#d7 number #ahb of the ,international ,labor ,organization ,convention1 entitled ,worst ,forms of ,child ,labour ,convention 7#aiii72 7#e7 number #aje of the ,international ,labor ,organization ,convention1 entitled ,abolition of ,forced ,labour ,convention 7#aieg72 7#f7 applicable trade laws1 including trade preference programs1 trade agreements and ,section #cjg of the ,tariff ,act of #aicj2 and 7#g7 ,executive ,order ,no4 #acabf1 dated ,june #ab1 #aiii1 7entitled ,prohibition of ,acquisition of ,products ,produced by ,forced or ,indentured ,child ,labor74 #abfag4 ,rural and remote communities electrification grants 7a7 ,in general ,section #fji of the ,public ,utility ,regulatory ,policies ,act 7#g ,u4,s4,c4 #iah;c7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking or municipality and inserting 1 municipality1 or ,indian ,tribe2 7,b7 in paragraph 7#e71 by striking #aj1jjj and inserting #bj1jjj2 and 7,c7 by adding at the end the following3 7#f7 ,the term economically distressed community means a unit of local government1 an ,indian ,tribe1 or a political subdivision thereof1 that is significantly impacted by the closure occurring on or after ,january #a1 #bjaj1 of an electric generating station that primarily consumes coal as a fuel source1 including by the loss of-- 7,a7 employment directly from or associated with the electric generating station1 including an associated mine2 7,b7 tax revenue1 lease payments1 or royalties directly from or associated with the electric generating station2 or 7,c7 access to affordable energy4 2 7#b7 in subsection 7b71 by inserting or economically distressed communities after rural areas each place it appears2 and 7#c7 in subsection 7d7-- 7,a7 by striking #bj1jjj1jjj and inserting #ej1jjj1jjj2 and 7,b7 by striking #bjjf through #bjab and inserting #bjba through #bjbe4 #abfah4 ,coal community resource clearinghouse 7a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,energy shall publish1 maintain1 and make publicly available a clearinghouse1 to be known as the ,coal ,community ,resource ,clearinghouse1 on the website of the ,department of ,energy for the purpose of increasing awareness of ,federal and ,state programs1 grants1 loans1 loan guarantees1 and other assistance resources the ,secretary determines will assist economic development activities in economically distressed communities4 7b7 ,periodic updates ,in carrying out subsection 7a71 the ,secretary shall1 not less frequently than once per calendar year1 update the ,coal ,community ,resource ,clearinghouse to address changes to the needs of economically distressed communities4 7c7 ,economically distressed community defined ,the term economically distressed community means a unit of local government1 an ,indian ,tribe1 or a political subdivision thereof1 that is significantly impacted by the closure occurring on or after ,january #a1 #bjaj1 of an electric generating station that primarily consumes coal as a fuel source1 including by the loss of-- 7#a7 employment directly from or associated with the electric generating station1 including an associated mine2 7#b7 tax revenue1 lease payments1 or royalties directly from or associated with the electric generating station2 or 7#c7 access to affordable energy4 #abfai4 ,report on fossil fuel subsidies ,the ,secretary of the ,treasury1 in consultation with other relevant departments and agencies1 shall submit to ,congress a report that contains-- 7#a7 an identification of any existing fossil fuel production subsidies not eliminated by this ,act1 or the amendments made by this ,act2 and 7#b7 a quantification of the economic costs of such subsidies4 #abfbj4 ,publication of ,interconnections ,seams ,study ,not later than #cj days after the date of the enactment of this ,act1 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 ,department4 #abfba4 ,department of energy research mission on climate change and emissions reduction 7a7 ,goals ,section #ijb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaha7 is amended-- 7#a7 in paragraph 7#d71 by striking and at the end2 and 7#b7 by striking paragraph 7#e7 and inserting the following3 7#e7 decreasing the environmental impact of energy-related activities1 including by deeply reducing emissions2 and 7#f7 improving energy-sector resilience to climate change4 4 7b7 ,emissions defined for ,goals ,section #ijb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaha7 is amended by adding at the end the following3 7e7 ,emissions defined ,in this section1 the term emissions means greenhouse gas emissions or other pollutants4 4 7c7 ,emissions reduction ,section #iaa of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaia7 is amended-- 7#a7 in the heading by inserting and emissions reductions after ,energy efficiency2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by inserting and emissions reductions after energy efficiency2 and 7ii7 in subparagraph 7,a71 by inserting 1 and reducing emissions from1 after efficiency of2 and 7,b7 in paragraph 7#b7-- 7i7 by amending the matter preceding subparagraph 7,a77i7 to read as follows3 7,a7 advanced1 cost-effective technologies to improve the energy efficiency and environmental performance of1 and reduce emissions from1 vehicles1 including-- 2 7ii7 by amending subparagraph 7,b7 to read as follows3 7,b7 cost-effective technologies for new construction and retrofit1 to improve the energy efficiency and environmental performance of1 and reduce emissions from buildings1 using a whole-buildings approach1 including onsite clean energy generation and beneficial electrification2 2 and 7iii7 by amending subparagraph 7,c7 to read as follows3 7,c7 advanced technologies to improve the energy efficiency1 environmental performance1 and process efficiency of1 and reduce emissions from industry1 especially energy-intensive and waste-intensive industries2 2 and 7#c7 by adding at the end the following3 7f7 ,emissions defined ,in this section1 the term emissions means greenhouse gas emissions or other pollutants4 4 #abfbb4 ,study on equitable distribution of benefits of clean energy 7a7 ,frontline community ,in this section1 the term frontline community means a community with significant representation of communities of color1 low-income communities1 or ,tribal and indigenous communities1 that experiences1 or is at risk of experiencing1 higher or more adverse human health or environmental effects4 7b7 ,study ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,energy shall enter into an agreement with the ,national ,academies of ,science1 ,engineering1 and ,medicine to undertake a study on technical and non-technical barriers to and solutions for ensuring equitable distribution of the benefits associated with clean energy in frontline communities across all sectors of the economy1 and in particular the role of the ,department of ,energy in assessing and mitigating such barriers4 ,the study shall-- 7#a7 assess the state of research on the equitable distribution of the benefits of clean energy including workforce development and job creation2 7#b7 assess the progress in implementing programs and policies that result in increased adoption of clean energy technologies in frontline communities2 7#c7 identify barriers as well as potential incentives and mechanisms to achieving the equitable distribution of the benefits associated with clean energy in frontline communities1 including through the consideration of social1 behavioral1 regulatory1 policy1 market1 and technology aspects1 and considerations of the characteristics of individual communities1 such as geographical location1 average income1 and racial-ethnic composition2 and 7#d7 recommend research areas for the ,department of ,energy to make progress towards ensuring equitable distribution of the benefits associated with clean energy in frontline communities4 #abfbc4 ,study on certain climate change mitigation efforts 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,transportation shall seek to enter into an agreement with the ,national ,academies of ,sciences1 ,engineering1 and ,medicine 7referred to in this section as the ,national ,academies7 to conduct a study on climate change mitigation efforts with respect to the civil aviation and aerospace industries4 7b7 ,study contents ,in conducting the study under subsection 7a71 the ,national ,academies shall-- 7#a7 identify climate change mitigation efforts1 including efforts relating to emerging technologies1 in the civil aviation and aerospace industries2 7#b7 develop and apply an appropriate indicator for assessing the effectiveness of such efforts2 7#c7 identify gaps in such efforts2 7#d7 identify barriers preventing expansion of such efforts2 and 7#e7 develop recommendations with respect to such efforts4 7c7 ,reports 7#a7 ,findings of study ,not later than #a year after the date on which the ,secretary enters into an agreement for a study pursuant to subsection 7a71 the ,secretary shall submit to the appropriate congressional committees the findings of the study4 7#b7 ,assessment ,not later than #ahj days after the date on which the ,secretary submits the findings pursuant to paragraph 7#a71 the ,secretary1 acting through the ,administrator of the ,federal ,aviation ,administration1 shall submit to the appropriate congressional committees a report that contains an assessment of the findings4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #a1ejj1jjj4 7e7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and other congressional committees determined appropriate by the ,secretary4 7#b7 ,climate change mitigation efforts ,the term climate change mitigation efforts means efforts1 including the use of technologies1 materials1 processes1 or practices1 that contribute to the reduction of greenhouse gas emissions4 #abfbd4 ,low-,dose-,radiation ,research ,section #cjf7;c7 of the ,department of ,energy ,research and ,innovation ,act 7#db ,u4,s4,c4 #ahfdd7;c77 is amended to read as follows3 7c7 ,low-,dose-,radiation ,research ,program 7#a7 ,in general ,the ,secretary shall carry out a research program on low-dose and low dose-rate radiation to-- 7,a7 enhance the scientific understanding of1 and reduce uncertainties associated with1 the effects of exposure to low-dose and low dose-rate radiation2 and 7,b7 inform improved risk-assessment and risk-management methods with respect to such radiation4 7#b7 ,program components ,in carrying out the program required under paragraph 7#a71 the ,secretary shall-- 7,a7 support and carry out the directives under section #ajf of the ,american ,innovation and ,competitiveness ,act 7#db ,u4,s4,c4 #ffja note71 with respect to low dose and low-dose rate radiation research1 in coordination with the ,physical ,science ,subcommittee of the ,national ,science and ,technology ,council2 7,b7 identify and1 to the extent possible1 quantify1 potential monetary and health-related impacts to ,federal agencies1 the general public1 industry1 research communities1 and other users of information produced by such research program2 7,c7 leverage the collective body of knowledge from prior and existing low-dose and low dose-rate radiation research2 7,d7 engage with other ,federal agencies1 research communities1 and potential users of information produced under this section1 including institutions performing or utilizing radiation research1 medical physics1 radiology1 health physics1 and emergency response measures2 and 7,e7 support education and outreach activities to disseminate information and promote public understanding of low-dose radiation1 with a focus on non-emergency situations such as medical physics1 space exploration1 and naturally occurring radiation4 7#c7 ,research plan 7,a7 ,national ,academy of ,sciences ,not later than #ij days after the date of enactment of this ,act1 the ,secretary 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 7#b72 7,b7 ,congress ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall submit the research plan developed under subparagraph 7,a7 to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate4 7#d7 ,program evaluation 7,a7 ,independent external entity ,not later than #c years after the date of enactment of this ,act1 and every #b years thereafter1 the ,secretary shall enter into agreements with an independent external entity to perform a program evaluation4 7,b7 ,congress ,the ,secretary shall submit the program evaluations performed under subparagraph 7,a7 to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate4 7#e7 ,definitions ,in this subsection3 7,a7 ,low-dose radiation ,the term low-dose radiation means a radiation dose of less than #ajj millisieverts4 7,b7 ,low dose-rate radiation ,the term low dose-rate radiation means a radiation dose rate of less than #e millisieverts per hour4 7#f7 ,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 limitations described in section #igg7;e7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcag7;e774 7#g7 ,funding ,there are authorized to be appropriated to the ,secretary to carry out the program under this subsection-- 7,a7 #bj1jjj1jjj for fiscal year #bjba2 7,b7 #cj1jjj1jjj for fiscal year #bjbb2 7,c7 #dj1jjj1jjj for fiscal year #bjbc2 and 7,d7 #ej1jjj1jjj for fiscal year #bjbd4 4 #abfbe4 ,online publication of greenhouse gas emissions 7a7 ,in general ,the ,secretary of the ,interior shall make freely available on a public website1 with respect to the previous year-- 7#a7 information that describes for each fossil fuel operation that is subject to the mineral leasing laws or title ,,iii or ,v of the ,federal ,land ,policy and ,management ,act of #aigf 7#cj ,u4,s4,c4 #agfa et seq471 regardless of size1 including production1 storage1 gathering1 processing1 transportation1 and handling operations-- 7,a7 the aggregate amount of each fossil fuel1 by type and by ,state1 produced on ,federal leases2 and 7,b7 for gas reported1 the portion and source of such amount that was released or disposed of by each of venting1 flaring1 and fugitive release2 and 7#b7 information that describes the amount and sources of energy1 in delivered megawatt hours1 produced from operating solar1 wind1 and geothermal projects on public lands under lease for the production of renewable energy4 7b7 ,format ,information made available under this section shall be presented in a format that-- 7#a7 translates such amounts and portions into emissions of metric tons of greenhouse gases expressed in carbon dioxide equivalent using both the #bj-year and #ajj-year ,global ,warming ,potential-weighted emission values2 7#b7 for energy produced from solar1 wind1 and geothermal projects1 includes an estimate of the net emissions that would result from production of the same amount of energy from new fossil fuel-fired facilities2 and 7#c7 can be downloaded in a machine readable format4 7c7 ,data publication frequency ,the data made available under this section shall be updated at least annually4 #abfbf4 ,sense of ,congress ,it is the sense of ,congress that in order to reduce emissions and meet #ajj percent of the power demand in the ,united ,states through clean1 renewable1 or zero emission energy sources while maintaining ,united ,states leadership in science and technology1 the ,secretary of ,energy must prioritize funding for critical fundamental research infrastructure and for basic research and development activities carried out through the ,office of ,science4 #abfbg4 ,use of bird-safe features1 practices1 and strategies in public buildings 7a7 ,in general ,chapter #cc of title #dj1 ,united ,states ,code1 is amended by adding at the end the following3 #ccai4 ,use of bird-safe features1 practices1 and strategies in public buildings 7a7 ,construction1 alteration1 and acquisition of public buildings ,the ,administrator of ,general ,services shall incorporate1 to the extent practicable1 features1 practices1 and strategies to reduce bird fatality resulting from collisions with public buildings for each public building-- 7#a7 constructed2 7#b7 acquired2 or 7#c7 of which more than #ej percent of the facade is substantially altered 7in the opinion of the ,commissioner of ,public ,buildings74 7b7 ,design guide ,the ,administrator shall develop a design guide to carry out subsection 7a7 that includes the following3 7#a7 ,features for reducing bird fatality resulting from collisions with public buildings throughout all construction phases1 taking into account the number of each such bird fatality that occurs at different types of public buildings4 7#b7 ,methods and strategies for reducing bird fatality resulting from collisions with public buildings during the operation and maintenance of such buildings1 including installing interior1 exterior1 and site lighting4 7#c7 ,best practices for reducing bird fatality resulting from collisions with public buildings1 including-- 7,a7 a description of the reasons for adopting such practices2 and 7,b7 an explanation for the omission of a best practice identified pursuant to subsection 7c74 7c7 ,identifying best practices ,to carry out subsection 7b77#c71 the ,administrator may identify best practices for reducing bird fatality resulting from collisions with public buildings1 including best practices recommended by-- 7#a7 ,federal agencies with expertise in bird conservation2 7#b7 nongovernmental organizations with expertise in bird conservation2 and 7#c7 representatives of green building certification systems4 7d7 ,dissemination of design guide ,the ,administrator shall disseminate the design guide developed pursuant to subsection 7b7 to all ,federal agencies1 subagencies1 and departments with independent leasing authority from the ,administrator4 7e7 ,update to design guide ,the ,administrator shall1 on a regular basis1 update the design guide developed pursuant to subsection 7b7 with respect to the priorities of the ,administrator for reducing bird fatality resulting from collisions with public buildings4 7f7 ,exempt buildings ,this section shall not apply to-- 7#a7 any building or site listed1 or eligible for listing1 on the ,national ,register of ,historic ,places2 7#b7 the ,white ,house and the grounds of the ,white ,house2 7#c7 the ,supreme ,court building and the grounds of the ,supreme ,court2 or 7#d7 the ,united ,states ,capitol and any building on the grounds of the ,capitol4 7g7 ,certification ,not later than ,october #a of each fiscal year1 the ,administrator1 acting through the ,commissioner1 shall certify to ,congress that the ,administrator uses the design guide developed pursuant to subsection 7b7 for each public building described in subsection 7a74 7h7 ,report ,not later than ,october #a of each fiscal year1 the ,administrator shall submit to ,congress a report that includes-- 7#a7 the certification under subsection 7g72 and 7#b7 to the extent practicable1 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 agency4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #cc of title #dj1 ,united ,states ,code1 is amended by adding at the end the following new item3 #ccai4 ,use of bird-safe features1 practices1 and strategies in public buildings4 4 #abfbh4 ,gas waste reduction and enhancement of gas measuring and reporting 7a7 ,in general ,title ,i of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agaa et seq47 is amended by adding at the end the following3 #aah4 ,gas waste reduction and enhancement of gas measuring and reporting 7a7 ,regulations for preventing and reducing waste of gas via venting1 flaring1 and fugitive releases 7#a7 ,requirement to issue regulations ,not later than #b years after the date of enactment of this section1 the ,secretary shall issue regulations pursuant to the ,secretary's authority under the ,mineral ,leasing ,act1 the ,federal ,land ,policy and ,management ,act of #aigf1 the ,indian ,mineral ,leasing ,act of #aich1 and other statutes authorizing the ,secretary to regulate oil and gas activities on ,federal land and ,indian lands1 that establish requirements for reducing and preventing the waste of gas1 including by venting1 flaring1 and fugitive releases1 from covered operations4 7#b7 ,content of regulations ,the regulations shall1 with respect to covered operations-- 7,a7 require that1 beginning not later than #c years after the date of enactment of this section1 each operator captures at least #he percent of all gas produced in each year from each onshore well that is subject to a mineral leasing law2 7,b7 require that1 beginning not later than #e years after the date of enactment of this section1 each operator captures at least #ii percent of all gas produced in each year from each onshore well that is subject to a mineral leasing law2 7,c7 require flaring of gas1 rather than venting1 in all instances in which gas is not captured2 7,d7 require that every application for a permit to drill a production well-- 7i7 demonstrate sufficient infrastructure and capacity is in place to capture the expected quantity of produced gas from the well2 and 7ii7 be published with an opportunity for a public comment period of at least #cj days2 7,e7 beginning not later than #b years after the date of enactment of this section1 prohibit all new and refractured production wells from flaring2 7,f7 require the operator of any covered operation that routinely flares gas before the effective date of a regulation prohibiting flaring issued pursuant to subparagraph 7,e7 to submit a gas capture plan to the ,secretary not later than #ahj days before such effective date that ensures that such operator will meet the requirements described in subparagraphs 7,a7 and 7,b72 7,g7 set performance standards for newly installed equipment based on modern equipment that minimize gas loss from-- 7i7 storage tanks2 7ii7 dehydrators2 7iii7 compressors2 7iv7 open-ended valves or lines2 7v7 pumps2 and 7vi7 such other equipment as the ,secretary determines appropriate to reduce and prevent gas release2 7,h7 require that operators replace existing equipment within one year of the publication date of performance standards established under subsection 7,g72 7,i7 require the replacement of all high-bleed gas-actuated pneumatic devices with low-bleed or no-bleed devices not later than #ahj days after the date of issuance of the regulation enacted under subparagraph 7,a72 7,j7 set performance standards based on modern procedures and equipment that minimize gas loss from-- 7i7 downhole maintenance2 7ii7 liquids unloading2 7iii7 well completion2 and 7iv7 such other procedures as the ,secretary determines appropriate to reduce and prevent gas release2 7,k7 require all operators to have leak detection programs 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 basis2 7,l7 require any leaks found to be repaired promptly1 and in any case not later than #d weeks after the discovery of the leak1 except where exceptional circumstances warrant an extension of not more than #h additional weeks2 and 7,m7 require recordkeeping for-- 7i7 equipment maintenance2 7ii7 leak detection and repair2 7iii7 venting events2 7iv7 flaring events2 and 7v7 such other operations as the ,secretary determines appropriate to reduce and prevent gas release4 7b7 ,gas measuring1 reporting1 and transparency requirements 7#a7 ,in general ,the ,secretary shall1 not later than one year after the date of enactment of this section1 issue regulations requiring each operator to measure and report1 with respect to all gas subject to the mineral leasing laws1 all such gas produced1 consumed on site1 or lost through venting1 flaring1 or fugitive releases4 7#b7 ,measuring and reporting requirements ,to account for all gas referred to in paragraph 7#a71 the ,secretary shall issue regulations requiring each operator to-- 7,a7 measure all production and disposition of gas with such accuracy that fugitive gas releases can be calculated2 7,b7 install metering devices to measure all flared gas2 and 7,c7 report to the ,secretary the volumes of gas measured under the requirements described in subparagraph 7,a71 including-- 7i7 all new measured values for production and disposition1 including vented and flared volumes2 and 7ii7 values for fugitive releases based on guidelines for their calculation established by the ,secretary in such regulations4 7#c7 ,transparency ,the ,secretary shall make all new data produced under the requirements established by the ,secretary under this subsection1 including calculated fugitive releases and volumes of gas lost to venting and flaring1 publicly available through the internet-- 7,a7 without a fee or other access charge2 7,b7 in a searchable1 sortable1 and downloadable manner1 to the extent technically possible2 and 7,c7 as soon as technically practicable after the report by the operator is filed4 7c7 ,application ,except as otherwise specified in this section1 the requirements established by the ,secretary under this section shall apply to-- 7#a7 the construction and operation of any covered operation initiated1 including the refracturing of existing wells1 on or after the date of the issuance of regulations under this section2 and 7#b7 after the end of the #a-year period beginning on the date of the issuance of such regulations1 any covered operation initiated before the date of the issuance of such regulations4 7d7 ,enforcement mechanisms 7#a7 ,in general ,the ,secretary shall include in the regulations issued under this section consistent enforcement mechanisms for covered operations that are not in compliance with the requirements established by the regulations4 7#b7 ,requirements ,the ,secretary shall include in the enforcement mechanisms described in paragraph 7#a7-- 7,a7 civil penalties for unauthorized venting and flaring1 which shall-- 7i7 apply in lieu of the penalties and related provisions under section #aji2 and 7ii7 include production restrictions and civil monetary penalties equivalent to #c times the market value of the vented or flared gas2 and 7,b7 civil penalties that apply to noncompliance with other new or existing procedures1 which shall-- 7i7 apply in addition to or in lieu of the penalties and related provisions under section #aji2 7ii7 include production restrictions or monetary penalties1 or both2 and 7iii7 in the case of monetary penalties1 be proportional to market conditions4 7e7 ,definitions ,in this section3 7#a7 ,capture ,the term capture means the physical containment of natural gas for transportation to market or productive use of natural gas1 and includes reinjection and royalty-free on-site uses4 7#b7 ,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 ,management ,act of #aigf 7#cj ,u4,s4,c4 #agfa et seq471 regardless of size1 including production1 storage1 gathering1 processing1 and handling operations4 7#c7 ,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 atmosphere4 7#d7 ,fugitive release ,the term fugitive release means the unintentional and uncontrolled release of gas into the atmosphere in the course of oil and gas operations4 7#e7 ,gas capture plan ,the term gas capture plan means a plan that includes specific goals1 including equipment and timelines1 for capturing1 gathering1 and processing gas produced under an oil or gas lease4 7#f7 ,gas release ,the term gas release includes all gas that is discharged to the atmosphere via venting or fugitive release4 7#g7 ,vent and venting ,the terms vent and venting mean the intentional and controlled release of gas into the atmosphere in the course of oil and gas operations4 4 7b7 ,clerical amendment ,the table of contents in section #a of such ,act is amended by inserting after the item relating to section #aag the following3 ,sec4 #aah4 ,gas waste reduction and enhancement of gas measuring and reporting4 4 7c7 ,updates ,the ,secretary of the ,interior shall update the regulations required by the amendments made by this section when the ,secretary determines appropriate1 but no less frequently than once every ten years1 to reflect new information regarding gas waste1 the impacts of that waste1 and the availability of technologies and performance measures to reduce gas waste4 7d7 ,application of prior rule ,the final rule entitled ,waste ,prevention1 ,production ,subject to ,royalties1 and ,resource ,conservation1 as published in the ,federal ,register ,november #ah1 #bjaf 7#ha ,fed4 ,reg4 #hcjjh71 is hereby reinstated1 and each of its provisions shall apply unless and until the effective date of a subsequent final rule promulgated under the amendment made by subsection 7a71 or promulgated under another applicable authority1 that replaces or repeals such provision4 7e7 ,assessment of venting1 flaring1 and fugitive releases ,not later than #ahj days after the end of the #a-year period beginning on the date the ,secretary of the ,interior first receives data submitted under the requirements established under subsection 7b7 of section #aah of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb1 as amended by this section1 the ,secretary shall-- 7#a7 submit a report to ,congress describing-- 7,a7 the volume of fugitive releases1 and gas consumed or lost by venting and flaring1 from covered operations 7as those terms are used in such section72 and 7,b7 additional regulations the ,secretary considers would help further curtail venting1 flaring1 and fugitive releases1 or the rational basis for not issuing such additional regulations if the ,secretary considers additional regulations would not be appropriate to further curtail venting1 flaring1 and fugitive releases2 and 7#b7 issue regulations described in the report required by paragraph 7#a77;,b7 not later than #a year after the date of the submission of the report4 ,g ,open ,back ,better #abgja4 ,facilities energy resiliency 7a7 ,definitions ,in this section3 7#a7 ,covered project ,the term covered project means a building project at an eligible facility that-- 7,a7 increases-- 7i7 resiliency1 including-- 7,i7 public health and safety2 7,,ii7 power outages2 7,,iii7 natural disasters2 7,,iv7 indoor air quality2 and 7,v7 any modifications necessitated by the ,,covid-#ai pandemic2 7ii7 energy efficiency2 7iii7 renewable energy2 and 7iv7 grid integration2 and 7,b7 may have combined heat and power and energy storage as project components4 7#b7 ,early childhood education program ,the term early childhood education program has the meaning given the term in section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc74 7#c7 ,elementary school ,the term elementary school has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#d7 ,eligible facility ,the term eligible facility means a public facility1 as determined by the ,secretary1 including-- 7,a7 a public school1 including an elementary school and a secondary school2 7,b7 a facility used to operate an early childhood education program2 7,c7 a local educational agency2 7,d7 a medical facility2 7,e7 a local or ,state government building2 7,f7 a community facility2 7,g7 a public safety facility2 7,h7 a day care center2 7,i7 an institution of higher education2 7,j7 a public library2 and 7,k7 a wastewater treatment facility4 7#e7 ,environmental justice community ,the term environmental justice community means a community with significant representation of communities of color1 low income communities1 or ,tribal and indigenous communities1 that experiences1 or is at risk of experiencing1 higher or more adverse human health or environmental effects4 7#f7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#g7 ,local educational agency ,the term local educational agency has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#h7 ,low income ,the term low income1 with respect to a household1 means an annual household income equal to1 or less than1 the greater of-- 7,a7 #hj percent of the median income of the area in which the household is located1 as reported by the ,department of ,housing and ,urban ,development2 and 7,b7 #bjj percent of the ,federal poverty line4 7#i7 ,low income community ,the term low income community means a census block group in which not less than #cj percent of households are low income4 7#aj7 ,secondary school ,the term secondary school has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#aa7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#ab7 ,state ,the term ,state has the meaning given the term in section #c of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbjb74 7#ac7 ,state ,energy ,program ,the term ,state ,energy ,program means the ,state ,energy ,program established under part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcba et seq474 7#ad7 ,tribal organization 7,a7 ,in general ,the term tribal organization has the meaning given the term in section #cgfe of title #ch1 ,united ,states ,code4 7,b7 ,technical amendment ,section #cgfe7d7 of title #ch1 ,united ,states ,code1 is amended by striking section #d7l7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b7l77 and inserting section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7b7 ,state programs 7#a7 ,establishment ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall distribute grants to ,states under the ,state ,energy ,program1 in accordance with the allocation formula established under that ,program1 to implement covered projects4 7#b7 ,use of funds 7,a7 ,in general ,subject to subparagraph 7,b71 grant funds under paragraph 7#a7 may be used for technical assistance1 project facilitation1 and administration4 7,b7 ,technical assistance ,a ,state may use not more than #aj percent of grant funds received under paragraph 7#a7 to provide technical assistance for the development1 facilitation1 management1 oversight1 and measurement of results of covered projects implemented using those funds4 7,c7 ,environmental justice and other communities ,to support communities adversely impacted by the ,,covid-#ai pandemic1 a ,state shall use not less than #dj percent of grant funds received under paragraph 7#a7 to implement covered projects in environmental justice communities or low income communities4 7,d7 ,private financing ,a ,state receiving a grant under paragraph 7#a7 shall-- 7i7 to the extent practicable1 leverage private financing for cost-effective energy efficiency1 renewable energy1 resiliency1 and other smart-building improvements1 such as by entering into an energy service performance contract2 but 7ii7 maintain the use of grant funds to carry out covered projects with more project resiliency1 public health1 and capital-intensive efficiency and emission reduction components than are typically available through private energy service performance contracts4 7,e7 ,guidance ,in carrying out a covered project using grant funds received under paragraph 7#a71 a ,state shall1 to the extent practicable1 adhere to guidance developed by the ,secretary pursuant to the ,american ,recovery and ,reinvestment ,act of #bjji 7,public ,law #aaa-e2 #abc ,stat4 #aae7 relating to distribution of funds1 if that guidance will speed the distribution of funds under this subsection4 7#c7 ,no matching requirement ,notwithstanding any other provision of law1 a ,state receiving a grant under paragraph 7#a7 shall not be required to provide any amount of matching funding4 7#d7 ,report ,not later than #a year after the date on which grants are distributed under paragraph 7#a71 and each year thereafter until the funds appropriated under paragraph 7#e7 are no longer available1 the ,secretary shall submit a report on the use of those funds 7including in the communities described in paragraph 7#b77;,c77 to-- 7,a7 the ,subcommittee on ,energy and ,water ,development of the ,committee on ,appropriations of the ,senate2 7,b7 the ,subcommittee on ,energy and ,water ,development and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives2 7,c7 the ,committee on ,energy and ,natural ,resources of the ,senate2 7,d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7,e7 the ,committee on ,education and ,labor of the ,house of ,representatives4 7#e7 ,funding ,in addition to any amounts made available to the ,secretary to carry out the ,state ,energy ,program1 there is authorized to be appropriated to the ,secretary #ah1jjj1jjj1jjj to carry out this subsection1 to remain available until ,september #cj1 #bjbe4 7#f7 ,supplement1 not supplant ,funds made available under paragraph 7#e7 shall supplement1 not supplant1 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 7#db ,u4,s4,c4 #fhfa et seq474 7c7 ,federal ,energy ,management ,program 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall use the funds appropriated under paragraph 7#d7 to provide grants under the ,,affect program under the ,federal ,energy ,management ,program of the ,department of ,energy to implement covered projects4 7#b7 ,private financing ,a recipient of a grant under paragraph 7#a7 shall-- 7,a7 to the extent practicable1 leverage private financing for cost-effective energy efficiency1 renewable energy1 resiliency1 and other smart-building improvements1 such as by entering into an energy service performance contract2 but 7,b7 maintain the use of grant funds to carry out covered projects with more project resiliency1 public health1 and capital-intensive efficiency and emission reduction components than are typically available through private energy service performance contracts4 7#c7 ,report ,not later than #a year after the date on which grants are distributed under paragraph 7#a71 and each year thereafter until the funds appropriated under paragraph 7#d7 are no longer available1 the ,secretary shall submit a report on the use of those funds to-- 7,a7 the ,subcommittee on ,energy and ,water ,development of the ,committee on ,appropriations of the ,senate2 7,b7 the ,subcommittee on ,energy and ,water ,development and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives2 7,c7 the ,committee on ,energy and ,natural ,resources of the ,senate2 7,d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7,e7 the ,committee on ,education and ,labor of the ,house of ,representatives4 7#d7 ,funding ,in addition to any amounts made available to the ,secretary to carry out the ,,affect program described in paragraph 7#a71 there is authorized to be appropriated to the ,secretary #ejj1jjj1jjj to carry out this subsection1 to remain available until ,september #cj1 #bjbe4 7d7 ,tribal organizations 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary1 acting through the head of the ,office of ,indian ,energy1 shall distribute funds made available under paragraph 7#c7 to tribal organizations to implement covered projects4 7#b7 ,report ,not later than #a year after the date on which funds are distributed under paragraph 7#a71 and each year thereafter until the funds made available under paragraph 7#c7 are no longer available1 the ,secretary shall submit a report on the use of those funds to-- 7,a7 the ,subcommittee on ,energy and ,water ,development of the ,committee on ,appropriations of the ,senate2 7,b7 the ,subcommittee on ,energy and ,water ,development and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives2 7,c7 the ,committee on ,energy and ,natural ,resources of the ,senate2 7,d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7,e7 the ,committee on ,education and ,labor of the ,house of ,representatives4 7#c7 ,funding ,there is authorized to be appropriated to the ,secretary #a1ejj1jjj1jjj to carry out this subsection1 to remain available until ,september #cj1 #bjbe4 7e7 ,use of ,american iron1 steel1 and manufactured goods 7#a7 ,in general ,except as provided in paragraph 7#b71 none of the funds made available by or pursuant to this section may be used for a covered project unless all of the iron1 steel1 and manufactured goods used in the project are produced in the ,united ,states4 7#b7 ,exceptions ,the requirement under paragraph 7#a7 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-- 7,a7 adhering to that requirement would be inconsistent with the public interest2 7,b7 the iron1 steel1 and manufactured goods needed for the project are not produced in the ,united ,states-- 7i7 in sufficient and reasonably available quantities2 and 7ii7 in a satisfactory quality2 or 7,c7 the inclusion of iron1 steel1 and relevant manufactured goods produced in the ,united ,states would increase the overall cost of the project by more than #be percent4 7#c7 ,waiver publication ,if the head of a ,federal department or agency makes a determination under paragraph 7#b7 to waive the requirement under paragraph 7#a71 the head of the ,federal department or agency shall publish in the ,federal ,register a detailed justification for the waiver4 7#d7 ,international agreements ,this subsection shall be applied in a manner consistent with the obligations of the ,united ,states under all applicable international agreements4 7f7 ,wage rate requirements 7#a7 ,in general ,notwithstanding any other provision of law1 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 locality1 as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act74 7#b7 ,authority ,with respect to the labor standards specified in paragraph 7#a71 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 #abgjb4 ,personnel 7a7 ,in general ,to carry out section #abgja1 the ,secretary of ,energy shall hire within the ,department of ,energy-- 7#a7 not less than #cjj full-time employees in the ,office of ,energy ,efficiency and ,renewable ,energy2 7#b7 not less than #ajj full-time employees1 to be distributed among-- 7,a7 the ,office of ,general ,counsel2 7,b7 the ,office of ,procurement ,policy2 7,c7 the ,golden ,field ,office2 7,d7 the ,national ,energy ,technology ,laboratory2 and 7,e7 the ,office of the ,inspector ,general2 and 7#c7 not less than #bj full-time employees in the ,office of ,indian ,energy4 7b7 ,timeline ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 hire all personnel under subsection 7a72 or 7#b7 certify that the ,secretary is unable to hire all personnel by the date required under this subsection4 7c7 ,contract hires 7#a7 ,in general ,if the ,secretary makes a certification under subsection 7b77#b71 the ,secretary may hire on a contract basis not more than #ej percent of the personnel required to be hired under subsection 7a74 7#b7 ,duration ,an individual hired on a contract basis under paragraph 7#a7 shall have an employment term of not more than #a year4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #hd1jjj1jjj for each of fiscal years #bjba through #bjca4 7e7 ,report ,not later than #fj days after the date of enactment of this ,act1 and annually thereafter for #b years1 the ,secretary shall submit a report on progress made in carrying out subsection 7a7 to-- 7#a7 the ,subcommittee on ,energy and ,water ,development of the ,committee on ,appropriations of the ,senate2 7#b7 the ,subcommittee on ,energy and ,water ,development and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives2 7#c7 the ,committee on ,energy and ,natural ,resources of the ,senate2 7#d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7#e7 the ,committee on ,education and ,labor of the ,house of ,representatives4 ,h ,zeroing ,excess1 ,reducing ,organic ,waste1 and ,sustaining ,technical ,expertise #abhja4 ,grant program 7a7 ,in general ,the ,administrator shall establish and carry out a program to award grants1 on a competitive basis1 to eligible entities for projects that are consistent with zero-waste practices4 7b7 ,grant use 7#a7 ,organics recycling infrastructure ,an eligible entity receiving a grant under this subtitle may use grant funds to carry out a project relating to organics recycling infrastructure1 including facilities1 machinery1 equipment1 and other physical necessities required for organics collection or processing on a city-wide or county-wide scale1 provided that-- 7,a7 implementation of such project-- 7i7 results in increased capacity for residential and commercial source separated organics streams2 and 7ii7 generates a usable product that has demonstrable environmental benefits when compared to the input materials1 such as compost with added nutritional content2 and 7,b7 such project does not include mixed-waste composting4 7#b7 ,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 or recycling1 including infrastructure and technology1 research and development1 and product refurbishment1 provided that such project-- 7,a7 does not include an electronic waste buy-back program that provides compensation for used electronics where such compensation is applied as a credit toward the purchase of additional electronics2 and 7,b7 is carried out by an organization certified in sustainable electronic waste standards by an organization accredited by the ,national ,accreditation ,board of the ,american ,national ,standards ,institute ,the ,american ,society of ,quality1 or another accrediting body as determined appropriate by the ,administrator4 7#c7 ,source reduction ,an eligible entity receiving a grant under this subtitle may use grant funds to carry out a project relating to source reduction1 and such project may include-- 7,a7 educational programming and outreach activities to encourage behavioral changes in consumers that result in source reduction2 and 7,b7 product or manufacturing redesign or redevelopment to reduce byproducts1 packaging1 and other outputs if-- 7i7 the applicable manufacturer-- 7,i7 is domestically-owned and operated2 and 7,,ii7 pays a living wage2 and 7ii7 the redevelopment or redesign does not result in higher toxicity of the product or byproducts1 more complicated recyclability of the product or byproducts1 or increased volume of byproducts compared with the original practice4 7#d7 ,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 prevention1 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 prevention1 provided that such project-- 7,a7 targets easily or commonly recycled materials which are disproportionately disposed of in landfills or incinerated2 7,b7 addresses the reduction of the volume1 weight1 or toxicity of waste and waste byproducts2 and 7,c7 does not conflict with-- 7i7 minimum-content laws1 such as post-consumer recycled content requirements2 7ii7 beverage container deposits2 7iii7 programs funded through retail fees for specific products or classes of products that use such fees to collect1 treat1 or recycle such products2 or 7iv7 any applicable recycled product procurement laws and expanded sustainable government purchasing requirements1 as identified by the ,administrator4 #abhjb4 ,grant awards 7a7 ,application 7#a7 ,criteria for all applicants ,to be eligible to receive a grant under this subtitle1 an eligible entity shall submit to the ,administrator an application at such time and in such form as the ,administrator requires1 demonstrating that the eligible entity-- 7,a7 has set specific source reduction or waste prevention targets2 7,b7 will carry out such project in communities that are in the #hjth percentile or higher for one or more pollutants as noted in the ,,ejscreen tool1 or any successor system1 of the ,environmental ,protection ,agency2 and 7,c7 will carry out a project that meets the applicable project requirements under section #abgja7;b74 7#b7 ,additional application criteria for nonprofit organization ,in the case of an application from an eligible entity that is a nonprofit organization1 the application shall include a letter of support for the proposed project-- 7,a7 from-- 7i7 a local unit of government2 or-- 7ii7 a nonprofit organization that-- 7,i7 has a demonstrated history of undertaking work in the geographic region where the proposed project is to take place2 and 7,,ii7 is not involved in the project being proposed2 and 7,b7 containing such information as the ,administrator may require4 7b7 ,priority factors 7#a7 ,in general ,in awarding grants under this subtitle1 the ,administrator shall give priority to eligible entities that-- 7,a7 have statutorily committed to implementing zero-waste practices2 7,b7 demonstrate how the project to be carried out with grant funds could lead to the creation of new jobs that pay a living wage1 with preference for projects that create jobs for individuals with barriers to employment1 as determined by the ,administrator2 7,c7 will use grant funds for source reduction or waste prevention in schools2 7,d7 will use grant funds to employ adaptive management practices to identify1 prevent1 or address any negative environmental consequences of the proposed project2 7,e7 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 government that is responsible for waste and recycling projects in the geographic area2 7,f7 will use grant funds to develop innovative or new technologies and strategies for source reduction and waste prevention2 7,g7 demonstrate how receiving the grant will encourage further investment in source reduction and waste prevention projects2 or 7,h7 will incorporate multi-stakeholder involvement1 including nonprofit1 commercial1 and public sector partners1 in carrying out a project using grant funds4 7#b7 ,zero-waste hierarchy ,in determining priority between multiple eligible entities who qualify for priority under paragraph 7#a71 the ,administrator shall grant first priority to an eligible entity that can demonstrate how the zero-waste hierarchy was considered with respect to the project to be carried out with grant funds4 #abhjc4 ,reporting ,an eligible entity receiving a grant under this subtitle shall report to the ,administrator1 at such time and in such form as the ,administrator may require1 on the results of the project carried out with grant funds and any relevant data requested by the ,administrator to track the effectiveness of the program established under section #abgja7;a74 #abhjd4 ,annual conference ,in each of calendar years #bjbb through #bjbg1 the ,administrator shall convene an annual conference for eligible entities1 including eligible entities that have received a grant under this subtitle1 and other stakeholders as identified by the ,administrator1 to provide an opportunity for such eligible entities and stakeholders to share experience and expertise in implementing zero-waste practices4 #abhje4 ,definitions ,in this subtitle3 7#a7 ,adaptive management practices ,the term adaptive management practices means1 with respect to a project1 the integration of project design1 management1 and monitoring to identify project impacts and outcomes as they arise and adjust behaviors to improve outcomes4 7#b7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#c7 ,domestically-owned and operated ,the term domestically-owned and operated means1 with respect to a business1 a business with-- 7,a7 headquarters located within the ,united ,states2 and 7,b7 primary operations carried out in the ,united ,states4 7#d7 ,eligible entity ,the term eligible entity means-- 7,a7 a single unit of ,state1 local1 or ,tribal government2 7,b7 a consortium of multiple units of ,state1 local1 or ,tribal government2 7,c7 one or more units of ,state1 local1 or ,tribal government in coordination with for-profit or nonprofit organizations2 or 7,d7 one or more incorporated nonprofit organizations4 7#e7 ,embodied energy ,the term embodied energy means energy that was used to create a product or material4 7#f7 ,living wage ,the term living wage means the minimum income necessary to allow a person working #dj hours per week to afford the cost of housing1 food1 and other material necessities4 7#g7 ,organics recycling ,the term organics recycling means the biological processes by which organics streams are converted to compost which is not harmful to humans1 plants1 or animals4 7#h7 ,recycling ,the term recycling-- 7,a7 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 products2 7,b7 does not include incineration or any other energy recovery process2 and 7,c7 does not include depolymerization or a similar process4 7#i7 ,reuse ,the term reuse-- 7,a7 means-- 7i7 using a product1 packaging1 or resource more than once for the same or a new function with little to no processing2 or 7ii7 repairing a product so it can be used longer1 sharing or renting it1 or selling or donating it to another party2 and 7,b7 does not include incineration4 7#aj7 ,source reduction ,the term source reduction-- 7,a7 includes-- 7i7 activities that reduce consumption of products or services that create physical outputs1 such as packaging1 that is secondary to the intended use of the item being consumed2 7ii7 measures or techniques that reduce the amount of waste generated during production processes2 and 7iii7 the reduction or elimination of the use of materials which are not able to be recycled without degrading the quality of the material2 and 7,b7 does not include incineration4 7#aa7 ,source separated ,the term source separated-- 7,a7 means the separation of a stream of recyclable materials at the point of waste creation before the materials are collected and centralized2 and 7,b7 does not include technologies that sort mixed municipal solid waste into recyclable and non-recyclable materials4 7#ab7 ,waste prevention ,the term waste prevention includes reuse1 recycling1 and other methods to reduce the amount of materials disposed of in landfills or incinerated4 7#ac7 ,zero-waste ,the term zero-waste means the conservation of all resources by means of responsible production1 consumption1 reuse1 and recovery of products1 packaging1 and materials without burning or otherwise destroying embodied energy1 with no discharges to land1 water1 or air that threaten the environment or human health4 7#ad7 ,zero-waste practice ,the term zero-waste practice means a practice used to help achieve zero-waste1 including source reduction and waste prevention4 #abhjf4 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out this subtitle #bej1jjj1jjj for the period of fiscal years #bjba through #bjbh4 ,i ,radon ,abatement ,reauthorization #abija4 ,technical assistance to ,states for radon programs reauthorized ,section #cje7;e7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bffe7;e77 is amended by striking #aihi1 #aiij1 and #aiia and inserting #bjba1 #bjbb1 and #bjbc4 #abijb4 ,grant assistance to ,states for radon programs reauthorized ,section #cjf7;j7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfff7;j77 is amended by striking #aihi1 #aiij1 and #aiia and inserting #bjba1 #bjbb1 and #bjbc4 #abijc4 ,regional radon training centers reauthorized ,section #cjh7;f7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bffh7;f77 is amended by striking #aihi1 #aiij1 and #aiia and inserting #bjba1 #bjbb1 and #bjbc4 ,passed the ,house of ,representatives ,september #bd1 #bjbj4;,clerk4