,i #aagth ,,congress #b;d ,session ,h4 ,r4 #gdci ,,in ,,the ,,house ,,of ,,representatives ,april #g1 #bjbb,ms4 ,bush 7for herself1 ,mr4 ,bowman1 ,ms4 ,tlaib1 ,mr4 ,takano1 ,mr4 ,garca of ,illinois1 ,mr4 ,huffman1 ,mr4 ,espaillat1 ,mr4 ,grijalva1 ,mr4 ,jones1 ,mr4 ,khanna1 ,ms4 ,pressley1 ,mr4 ,levin of ,michigan1 ,ms4 ,norton1 ,ms4 ,ocasio-,cortez1 ,mrs4 ,watson ,coleman1 ,ms4 ,clarke of ,new ,york1 ,mr4 ,nadler1 ,ms4 ,newman1 ,ms4 ,barragn1 ,ms4 ,lee of ,california1 ,mr4 ,crow1 ,ms4 ,omar1 ,ms4 ,bass1 ,ms4 ,sherrill1 ,mr4 ,casten1 ,ms4 ,jayapal1 ,mrs4 ,carolyn ,b4 ,maloney of ,new ,york1 ,mr4 ,cohen1 ,mr4 ,neguse1 and ,mr4 ,carson7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on ,financial ,services1 and ,education and ,labor1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to promote ,united ,states energy security and independence by bolstering renewable energy supply chains in the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,energy ,security and ,independence ,act of #bjbb4 #b4 ,definitions ,in this ,act3 7#a7 ,covered energy-efficiency or renewable energy system or technology ,the term covered energy-efficiency or renewable energy system or technology means-- 7,a7 a renewable energy generation system2 7,b7 a renewable energy storage system2 7,c7 an energy-efficiency system 7including a heat pump72 7,d7 an energy-efficiency technology2 7,e7 an electric transportation system2 7,f7 a renewable energy technology2 and 7,g7 an energy storage technology utilizing energy generated from a renewable energy source4 7#b7 ,direct loan 7,a7 ,in general ,the term direct loan means a disbursement of funds by the ,federal ,government to a non-,federal borrower under a contract that requires the repayment of those funds with or without interest4 7,b7 ,inclusion ,the term direct loan includes the purchase of1 or participation in-- 7i7 a loan made by another lender2 or 7ii7 a financing arrangement that defers payment for more than #ij days1 including the sale of a ,government asset on credit terms4 7#c7 ,eligible entity ,the term eligible entity means a private entity1 including a manufacturer1 or a partnership of private entities4 7#d7 ,environmental justice community ,the term environmental justice community means a community with significant representation of #a or more communities of color1 low-income communities1 or ,tribal or indigenous communities that experience1 or are at risk of experiencing1 higher or more adverse human health or environmental effects as compared to other communities4 7#e7 ,heat pump ,the term heat pump means a device that-- 7,a7 transfers heat from a colder area to a hotter area by using mechanical energy2 and 7,b7 is used to maintain a safe1 comfortable1 and affordable temperature in a building4 7#f7 ,public heat pump ,the term public heat pump means a heat pump that is owned or operated by-- 7,a7 a unit of ,federal1 ,state1 or local government2 or 7,b7 a cooperatively owned utility4 7#g7 ,renewable energy ,the term renewable energy means energy generated from a renewable energy source4 7#h7 ,renewable energy source ,the term renewable energy source means wind1 solar1 tidal1 wave1 or geothermal energy4 #c4 ,finding ,congress finds that it is in the interests of the ,united ,states-- 7#a7 to have a viable domestic manufacturing supply chain for components of covered energy-efficiency and renewable energy systems and technologies2 and 7#b7 to reduce the reliance of ,united ,states manufacturers on components of covered energy-efficiency and renewable energy systems and technologies made in foreign countries4 #d4 ,use of ,defense ,production ,act of #aiej authorities to support domestic industrial base and manufacturing capabilities for renewable energy technologies 7a7 ,renewable energy technologies as strategic and critical materials ,section #ajf of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deaf7 is amended-- 7#a7 by inserting 7a7 before ,for purposes2 and 7#b7 by adding at the end the following3 7b7 ,the designation of energy as a strategic and critical material under subsection 7a7 includes the designation of covered energy-efficiency and renewable energy systems and technologies 7as defined in section #b of the ,energy ,security and ,independence ,act of #bjbb7 as strategic and critical materials4 4 7b7 ,appropriation 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1jjj to the ,president to carry out subsection 7c74 7#b7 ,availability of amounts ,amounts appropriated under paragraph 7#a7 shall remain available until ,september #cj1 #bjcb4 7c7 ,support for domestic industrial base and manufacturing capabilities 7#a7 ,in general ,the ,president shall use the authorities under titles ,i and ,,iii and section #gjh7;c7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deja et seq47 to establish1 maintain1 protect1 or restore the domestic industrial base and manufacturing capabilities for covered energy-efficiency and renewable energy systems and technologies1 including by providing loan guarantees1 loans1 purchase agreements1 and grants to manufacturing entities to expand the domestic productive capacity of those entities and repurpose equipment to meet the manufacturing demands of such systems and technologies4 7#b7 ,requirements ,in carrying out paragraph 7#a71 the ,president shall-- 7,a7 identify the domestic industrial base needs to transform the ,united ,states domestic energy system into a #ajj percent renewable energy system2 7,b7 use the authorities under title ,i of the ,defense ,production ,act 7#ej ,u4,s4,c4 #deja et seq47-- 7i7 to prioritize contracts and allocate materials1 services1 and facilities to achieve the goal described in subparagraph 7,a72 and 7ii7 to allocate the strategic and critical materials described in section #ajf7;b7 of that ,act1 as added by subsection 7a71 in a manner that prioritizes-- 7,i7 environmental justice communities first2 7,,ii7 publicly owned systems of renewable energy2 7,,iii7 systems that reduce utility and energy costs in the ,united ,states2 and 7,,iv7 ,federal agencies whose buildings can be used as public sources of solar energy for environmental justice communities2 7,c7 take the actions described in subparagraph 7,b7 in tandem with existing financial and technical assistance programs of the ,department of ,energy1 the ,department of ,transportation1 and such other agencies as the ,president considers appropriate2 and 7,d7 coordinate with the task force established under section #e4 #e4 ,domestic renewable energy industrial base task force 7a7 ,in general ,the ,president shall establish a domestic renewable energy industrial base task force that includes-- 7#a7 manufacturers1 engineers1 scientists1 and planning experts in the fields of-- 7,a7 equitable energy2 and 7,b7 energy democracy and transportation design2 7#b7 environmental justice community leaders2 7#c7 labor unions2 7#d7 the ,secretary of ,energy1 the ,secretary of ,transportation1 and the ,secretary of ,labor2 7#e7 staff of the ,national ,laboratories 7as defined in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja772 and 7#f7 other relevant ,federal1 ,state1 and local agencies4 7b7 ,duties ,the task force established under subsection 7a7 shall develop a manufacturing and allocation plan-- 7#a7 to establish1 maintain1 protect1 and restore a domestic industrial base and manufacturing capabilities for covered energy-efficiency and renewable energy systems and technologies2 7#b7 to reach the goal of a #ajj percent renewable energy system as soon as possible1 using the best available science and technologies2 7#c7 to prioritize distributed energy resources and storage to boost climate resilience and equity2 7#d7 to make an equitable allocation of ,federal renewable energy investments and assistance1 in partnership with environmental justice communities and public entities2 and 7#e7 to ensure that the domestic industrial base of covered energy-efficiency and renewable energy systems and technologies creates and maintains high-quality jobs that are represented by labor organizations4 7c7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated1 out of any money in the ,treasury not otherwise appropriated1 #be1jjj1jjj to the ,president to carry out this section for fiscal year #bjbb1 to remain available until ,september #cj1 #bjca4 #f4 ,renewable energy generation system component manufacturing supply chain assistance 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,energy 7referred to in this section as the ,secretary7 shall establish a program 7referred to in this section as the program7 to provide financial assistance1 including grants1 direct loans1 and loan guarantees1 to eligible entities to carry out projects-- 7#a7 to construct new facilities that manufacture components of covered energy-efficiency and renewable energy systems and technologies2 and 7#b7 to retool1 retrofit1 or expand existing facilities that manufacture1 or have the ability to manufacture1 components of covered energy-efficiency and renewable energy systems and technologies4 7b7 ,application ,to be eligible to receive financial 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 7c7 ,priority ,in providing financial assistance under the program1 the ,secretary shall give priority to projects that-- 7#a7 have the potential to benefit an environmental justice community1 including by reducing the pollution and emissions within1 and the utility costs of1 such a community2 7#b7 are strategically located near manufacturers of components of covered energy-efficiency and renewable energy systems and technologies to create a geographic concentration of those manufacturers in the manufacturing supply chain2 7#c7 have potential to directly and indirectly create domestic jobs1 including jobs for low-income communities1 dislocated workers1 and workers from groups that are underrepresented in the manufacturing industry1 including formerly incarcerated workers2 7#d7 will result in economic development or economic diversification in economically distressed regions or localities2 and 7#e7 do not expedite or fast track any applicable environmental review processes4 7d7 ,direct loan conditions ,a direct loan made under the program shall-- 7#a7 bear interest at a rate that does not exceed a level that the ,secretary determines to be appropriate2 and 7#b7 be subject to such other terms and conditions as the ,secretary determines to be appropriate4 7e7 ,cost sharing for grants ,section #ihh7;c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceb7;c77 shall apply to a grant made under the program4 7f7 ,conditions of receipt of financial assistance 7#a7 ,required agreement ,an eligible entity awarded financial assistance under the program shall enter into an agreement that specifies that1 during the #e-year period immediately following the award of the financial assistance-- 7,a7 the eligible entity will not-- 7i7 repurchase an equity security of the eligible entity or any parent company of the eligible entity that is listed on a national securities exchange1 except to the extent required under a contractual obligation that is in effect as of the date of enactment of this ,act2 7ii7 outsource or offshore jobs to a location outside of the ,united ,states2 or 7iii7 abrogate existing collective bargaining agreements2 and 7,b7 the eligible entity will remain neutral in any union organizing effort4 7#b7 ,financial protection of ,government 7,a7 ,in general ,financial assistance may not be awarded under the program to an eligible entity unless-- 7i7 7,i7 the eligible entity has issued securities that are traded on a national securities exchange2 and 7,,ii7 the ,secretary of the ,treasury receives a warrant or equity interest in the eligible entity2 or 7ii7 in the case of an eligible entity other than an eligible entity described in clause 7i77,i71 the ,secretary of the ,treasury receives1 in the discretion of the ,secretary of the ,treasury-- 7,i7 a warrant or equity interest in the eligible entity2 or 7,,ii7 a senior debt instrument issued by the eligible entity4 7,b7 ,terms and conditions ,the terms and conditions of any warrant1 equity interest1 or senior debt instrument received under subparagraph 7,a77ii7 shall be set by the ,secretary and shall meet the following requirements3 7i7 ,purposes ,such terms and conditions shall be designed to provide for reasonable participation by the ,secretary1 for the benefit of taxpayers1 in-- 7,i7 equity appreciation in the case of a warrant or other equity interest2 or 7,,ii7 a reasonable interest rate premium1 in the case of a debt instrument4 7ii7 ,authority to sell1 exercise1 or surrender 7,i7 ,in general ,for the primary benefit of taxpayers1 the ,secretary may sell1 exercise1 or surrender a warrant or any senior debt instrument received under this paragraph4 7,,ii7 ,no voting ,the ,secretary shall not exercise voting power with respect to any shares of common stock acquired under this paragraph4 7iii7 ,sufficiency ,if the ,secretary determines that an eligible entity cannot feasibly issue warrants or other equity interests as required by this paragraph1 the ,secretary may accept a senior debt instrument in an amount and on such terms as the ,secretary determines appropriate4 7g7 ,free1 prior1 and informed consent for ,indigenous communities in the siting process ,the ,secretary shall establish standards and procedural requirements to secure free1 prior1 and informed consent of ,indian ,tribes to the siting of projects carried out with financial assistance under the program that affect ,indian land1 water1 livelihoods1 and culture1 including off-reservation treaty-reserved rights to hunting1 fishing1 gathering1 and protection of1 and access to1 sacred sites4 7h7 ,prohibition ,in carrying out the program1 the ,secretary may not provide financial assistance for projects that will source components of covered energy-efficiency and renewable energy systems and technologies from1 or supply components of covered energy-efficiency and renewable energy systems and technologies to1 entities that use forced labor 7as defined in section #cjg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjg774 7i7 ,study and report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall conduct1 and submit to ,congress a report describing the results of1 a study on-- 7#a7 opportunities to convert fossil fuel infrastructure into renewable energy infrastructure2 7#b7 gaps in the current ,united ,states manufacturing supply chains for covered energy-efficiency and renewable energy systems and technologies2 and 7#c7 benefits to the energy security of the ,united ,states of onshoring supply chains for covered energy-efficiency and renewable energy systems and technologies4 7j7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj1jjj for the period of fiscal years #bjbc through #bjcb4 #g4 ,weatherization assistance program ,section #dbb of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhgb7 is amended-- 7#a7 by striking the section designation and heading and all that follows through ,for the and inserting the following3 #dbb4 ,appropriations ,for the 2 and 7#b7 in the matter preceding paragraph 7#a71 by striking are authorized to be appropriated-- and all that follows through the period at the end of paragraph 7#b7 and inserting is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #c1jjj1jjj1jjj for each of fiscal years #bjbc through #bjcb44 #h4 ,public heat pumps ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any funds in the ,treasury not otherwise appropriated1 #aj1jjj1jjj1jjj to the ,secretary of ,energy1 acting through the ,office of ,energy ,efficiency and ,renewable ,energy1 to procure and install public heat pumps1 to remain available until ,september #cj1 #bjcb4 #i4 ,minimum labor standards 7a7 ,definitions ,in this section3 7#a7 ,covered entity ,the term covered entity means an entity that directly or indirectly receives funds or assistance under a covered energy program1 without regard to the form1 amount1 or type of ,federal assistance provided4 7#b7 ,covered energy program ,the term covered energy program means-- 7,a7 a program authorized under this ,act2 or 7,b7 the ,weatherization ,assistance ,program for ,low-,income ,persons established under part ,a of title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfa et seq474 7#c7 ,project labor agreement ,the term project labor agreement means a pre-hire collective bargaining agreement with one or more labor organizations that-- 7,a7 establishes the terms and conditions of employment for a specific construction project2 and 7,b7 is an agreement described in section #h7;f7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;f774 7b7 ,labor standard requirements ,notwithstanding any other provision of law1 a covered entity shall comply with the labor standards under this section4 7c7 ,prevailing wages ,a covered entity shall ensure the following3 7#a7 ,laborers and mechanics ,any laborer or mechanic employed by the covered entity1 or any contractor or subcontractor in the performance of work funded or assisted1 in whole or in part1 under a covered energy program1 shall be paid wages at rates not less than those prevailing on work of a similar character in the locality1 as determined by the ,secretary of ,labor under subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act74 ,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 7#b7 ,other workers ,all individuals employed by the covered entity1 or any contractor or subcontractor using funds or other assistance provided under a covered energy program1 in the manufacture or furnishing of materials1 supplies1 articles1 or equipment shall be paid wages at rates not less than employees performing similar work or in the particular or similar industries or groups of industries currently operating in the locality in which the materials1 supplies1 articles1 or equipment are to be manufactured or furnished1 as determined by the ,secretary of ,labor in accordance with sections #feja through #feaa of title #da1 ,united ,states ,code 7commonly known as the ,public ,contracts ,act74 7d7 ,labor-,management cooperation 7#a7 ,definitions ,in this subsection3 7,a7 ,,nlra definitions ,the terms employee1 employer1 and labor organization have the meanings given the terms in section #b of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb74 7,b7 ,board ,the term ,board means the ,national ,labor ,relations ,board4 7#b7 ,in general ,notwithstanding any contrary provision of law1 including the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq471 paragraphs 7#c7 through 7#h7 shall apply with respect to any covered entity that is an employer and any labor organization who represents or seeks to represent employees of such covered entity4 7#c7 ,labor peace ,any employer that is a covered entity shall recognize for purposes of collective bargaining a labor organization that demonstrates that a majority of the employees in a unit appropriate for bargaining who perform or will perform work funded or assisted1 in whole or in part1 by a covered energy program have signed valid authorizations designating the labor organization as their bargaining representative and that no other labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit pursuant to the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq474 ,upon such showing of majority status1 the employer shall notify the labor organization and the ,board that the employer has determined that the labor organization represents a majority of the employees and that the employer is recognizing the labor organization as the exclusive representative of the employees for the purposes of collective bargaining pursuant to section #i of such ,act 7#bi ,u4,s4,c4 #aei74 7#d7 ,certification ,should a dispute over majority status or the appropriateness of the unit arise between the employer and the labor organization1 either party may request that the ,board investigate and resolve the dispute4 ,if the ,board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the labor organization as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit1 the ,board shall not direct an election but shall certify the labor organization as the representative described in section #i7;a7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7;a774 7#e7 ,commencement of bargaining ,not later than #aj days after receiving a written request for collective bargaining from a recognized or certified labor organization1 or within such period as the parties agree upon1 the labor organization and employer shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement4 7#f7 ,mediation ,if after the expiration of the #ij-;day period beginning on the date on which bargaining is commenced1 or such additional period as the parties may agree upon1 the parties have failed to reach an agreement1 either party may notify the ,federal ,mediation and ,conciliation ,service of the existence of a dispute and request mediation4 ,whenever such a request is received1 it shall be the duty of the ,service promptly to put itself in communication with the parties and to use its best efforts1 by mediation and conciliation1 to bring them to agreement4 7#g7 ,arbitration ,if after the expiration of the #cj-;day period beginning on the date on which the request for mediation is made under paragraph 7#f71 or such additional period as the parties may agree upon1 the ,federal ,mediation and ,conciliation ,service is not able to bring the parties to agreement by conciliation1 the ,service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the ,service1 with one member selected by the labor organization1 one member selected by the employer1 and one neutral member mutually agreed to by the parties4 ,the labor organization and employer must each select the members of the tripartite arbitration panel within #ad days of the ,service's referral2 if the labor organization or employer fail to do so1 the ,service shall designate any members not selected by the labor organization or the employer4 ,a majority of the tripartite arbitration panel shall render a decision settling the dispute as soon as practicable and not later than within #abj days of the selection of all members of the panel1 absent extraordinary circumstances or by agreement or permission of the parties1 and such decision shall be binding upon the parties for a period of #b years1 unless amended during such period by written consent of the parties4 ,such decision shall be based on-- 7,a7 the employer's financial status and prospects2 7,b7 the size and type of the employer's operations and business2 7,c7 the employees' cost of living2 7,d7 the employees' ability to sustain themselves1 their families1 and their dependents on the wages and benefits they earn from the employer2 and 7,e7 the wages and benefits other employers in the same business provide their employees4 7#h7 ,contractors and subcontractors ,any employer that is a covered entity shall require any contractor or subcontractor whose employees perform or will perform work funded or assisted1 in whole or in part1 by a covered energy program to comply with the requirements set forth in paragraphs 7#b7 through 7#g74 7e7 ,project labor agreement ,a covered entity performing any construction project funded or assisted1 in whole or in part1 by a covered energy program shall be a party to1 or1 as applicable1 require contractors and subcontractors in the performance of such project to be a party to1 a project labor agreement4 7f7 ,limits on background checks ,a covered entity1 and each contractor and subcontractor in the performance of any work funded or assisted1 in whole or in part1 by a covered energy program1 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;c7 of title #ah1 ,united ,states ,code7 position2 or 7#c7 the ,secretary of ,labor1 in consultation with the ,secretary of ,energy1 certifies that precluding criminal history prior to the conditional offer would pose a threat to national security4 7g7 ,employee status ,a covered entity1 and each contractor and subcontractor of the covered entity in the performance of any project funded or assisted1 in whole or in part1 by a covered energy program1 shall consider an individual performing any service in such performance as an employee 7and not an independent contractor7 of the covered 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 covered 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 #aj4 ,equitable allocation of funds ,the ,president and the ,secretary of ,energy shall each ensure that of the total amount of ,federal support and assistance provided under this ,act by the ,president and the ,secretary of ,energy1 respectively1 not less than #dj percent shall be invested in environmental justice communities4