[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7303 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7303
To provide additional funds for Federal and State facility energy
resiliency programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 24, 2020
Ms. Blunt Rochester introduced the following bill; which was referred
to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To provide additional funds for Federal and State facility energy
resiliency programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Open Back Better Act of 2020''.
SEC. 2. FACILITIES ENERGY RESILIENCY.
(a) Definitions.--In this section:
(1) Covered project.--The term ``covered project'' means a
building project at an eligible facility that--
(A) increases--
(i) resiliency, including--
(I) public health and safety;
(II) power outages;
(III) natural disasters;
(IV) indoor air quality; and
(V) any modifications necessitated
by the COVID-19 pandemic;
(ii) energy efficiency;
(iii) renewable energy; and
(iv) grid integration; and
(B) may have combined heat and power and energy
storage as project components.
(2) Early childhood education program.--The term ``early
childhood education program'' has the meaning given the term in
section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003).
(3) Elementary school.--The term ``elementary school'' has
the meaning given the term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(4) Eligible facility.--The term ``eligible facility''
means a public facility, as determined by the Secretary,
including--
(A) a public school, including an elementary school
and a secondary school;
(B) a facility used to operate an early childhood
education program;
(C) a local educational agency;
(D) a medical facility;
(E) a local or State government building;
(F) a community facility;
(G) a public safety facility;
(H) a day care center;
(I) an institution of higher education;
(J) a public library; and
(K) a wastewater treatment facility.
(5) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low income
communities, or Tribal and indigenous communities, that
experiences, or is at risk of experiencing, higher or more
adverse human health or environmental effects.
(6) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(7) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(8) Low income.--The term ``low income'', with respect to a
household, means an annual household income equal to, or less
than, the greater of--
(A) 80 percent of the median income of the area in
which the household is located, as reported by the
Department of Housing and Urban Development; and
(B) 200 percent of the Federal poverty line.
(9) Low income community.--The term ``low income
community'' means a census block group in which not less than
30 percent of households are low income.
(10) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(11) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(12) State.--The term ``State'' has the meaning given the
term in section 3 of the Energy Policy and Conservation Act (42
U.S.C. 6202).
(13) State energy program.--The term ``State Energy
Program'' means the State Energy Program established under part
D of title III of the Energy Policy and Conservation Act (42
U.S.C. 6321 et seq.).
(14) Tribal organization.--
(A) In general.--The term ``tribal organization''
has the meaning given the term in section 3765 of title
38, United States Code.
(B) Technical amendment.--Section 3765(4) of title
38, United States Code, is amended by striking
``section 4(l) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(l))'' and
inserting ``section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304)''.
(b) State Programs.--
(1) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall distribute grants
to States under the State Energy Program, in accordance with
the allocation formula established under that Program, to
implement covered projects.
(2) Use of funds.--
(A) In general.--Subject to subparagraph (B), grant
funds under paragraph (1) may be used for technical
assistance, project facilitation, and administration.
(B) Technical assistance.--A State may use not more
than 10 percent of grant funds received under paragraph
(1) to provide technical assistance for the
development, facilitation, management, oversight, and
measurement of results of covered projects implemented
using those funds.
(C) Environmental justice and other communities.--
To support communities adversely impacted by the COVID-
19 pandemic, a State shall use not less than 40 percent
of grant funds received under paragraph (1) to
implement covered projects in environmental justice
communities or low income communities.
(D) Private financing.--A State receiving a grant
under paragraph (1) shall--
(i) to the extent practicable, leverage
private financing for cost-effective energy
efficiency, renewable energy, resiliency, and
other smart-building improvements, such as by
entering into an energy service performance
contract; but
(ii) maintain the use of grant funds to
carry out covered projects with more project
resiliency, public health, and capital-
intensive efficiency and emission reduction
components than are typically available through
private energy service performance contracts.
(E) Guidance.--In carrying out a covered project
using grant funds received under paragraph (1), a State
shall, to the extent practicable, adhere to guidance
developed by the Secretary pursuant to the American
Recovery and Reinvestment Act of 2009 (Public Law 111-
5; 123 Stat. 115) relating to distribution of funds, if
that guidance will speed the distribution of funds
under this subsection.
(3) No matching requirement.--Notwithstanding any other
provision of law, a State receiving a grant under paragraph (1)
shall not be required to provide any amount of matching
funding.
(4) Report.--Not later than 1 year after the date on which
grants are distributed under paragraph (1), and each year
thereafter until the funds appropriated under paragraph (5) are
no longer available, the Secretary shall submit a report on the
use of those funds (including in the communities described in
paragraph (2)(C)) to--
(A) the Subcommittee on Energy and Water
Development of the Committee on Appropriations of the
Senate;
(B) the Subcommittee on Energy and Water
Development and Related Agencies of the Committee on
Appropriations of the House of Representatives;
(C) the Committee on Energy and Natural Resources
of the Senate; and
(D) the Committee on Energy and Commerce of the
House of Representatives.
(5) Funding.--In addition to any amounts made available to
the Secretary to carry out the State Energy Program, there is
appropriated to the Secretary, out of funds in the Treasury not
otherwise appropriated, $18,000,000,000 to carry out this
subsection, to remain available until September 30, 2025.
(6) Supplement, not supplant.--Funds made available under
paragraph (5) shall supplement, not supplant, any other funds
made available to States for the State Energy Program or the
weatherization assistance program established under part A of
title IV of the Energy Conservation and Production Act (42
U.S.C. 6861 et seq.).
(c) Federal Energy Management Program.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall use the funds
appropriated under paragraph (4) to provide grants under the
AFFECT program under the Federal Energy Management Program of
the Department of Energy to implement covered projects.
(2) Private financing.--A recipient of a grant under
paragraph (1) shall--
(A) to the extent practicable, leverage private
financing for cost-effective energy efficiency,
renewable energy, resiliency, and other smart-building
improvements, such as by entering into an energy
service performance contract; but
(B) maintain the use of grant funds to carry out
covered projects with more project resiliency, public
health, and capital-intensive efficiency and emission
reduction components than are typically available
through private energy service performance contracts.
(3) Report.--Not later than 1 year after the date on which
grants are distributed under paragraph (1), and each year
thereafter until the funds appropriated under paragraph (4) are
no longer available, the Secretary shall submit a report on the
use of those funds to--
(A) the Subcommittee on Energy and Water
Development of the Committee on Appropriations of the
Senate;
(B) the Subcommittee on Energy and Water
Development and Related Agencies of the Committee on
Appropriations of the House of Representatives;
(C) the Committee on Energy and Natural Resources
of the Senate; and
(D) the Committee on Energy and Commerce of the
House of Representatives.
(4) Funding.--In addition to any amounts made available to
the Secretary to carry out the AFFECT program described in
paragraph (1), there is appropriated to the Secretary, out of
funds in the Treasury not otherwise appropriated, $500,000,000
to carry out this subsection, to remain available until
September 30, 2025.
(d) Tribal Organizations.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary, acting through the head
of the Office of Indian Energy, shall distribute funds made
available under paragraph (3) to tribal organizations to
implement covered projects.
(2) Report.--Not later than 1 year after the date on which
funds are distributed under paragraph (1), and each year
thereafter until the funds made available under paragraph (3)
are no longer available, the Secretary shall submit a report on
the use of those funds to--
(A) the Subcommittee on Energy and Water
Development of the Committee on Appropriations of the
Senate;
(B) the Subcommittee on Energy and Water
Development and Related Agencies of the Committee on
Appropriations of the House of Representatives;
(C) the Committee on Energy and Natural Resources
of the Senate; and
(D) the Committee on Energy and Commerce of the
House of Representatives.
(3) Funding.--There is appropriated to the Secretary, out
of funds in the Treasury not otherwise appropriated,
$1,500,000,000 to carry out this subsection, to remain
available until September 30, 2025.
(e) Use of American Iron, Steel, and Manufactured Goods.--
(1) In general.--Except as provided in paragraph (2), none
of the funds made available by or pursuant to this section may
be used for a covered project unless all of the iron, steel,
and manufactured goods used in the project are produced in the
United States.
(2) Exceptions.--The requirement under paragraph (1) shall
be waived by the head of the relevant Federal department or
agency in any case or category of cases in which the head of
the relevant Federal department or agency determines that--
(A) adhering to that requirement would be
inconsistent with the public interest;
(B) the iron, steel, and manufactured goods needed
for the project are not produced in the United States--
(i) in sufficient and reasonably available
quantities; and
(ii) in a satisfactory quality; or
(C) the inclusion of iron, steel, and relevant
manufactured goods produced in the United States would
increase the overall cost of the project by more than
25 percent.
(3) Waiver publication.--If the head of a Federal
department or agency makes a determination under paragraph (2)
to waive the requirement under paragraph (1), the head of the
Federal department or agency shall publish in the Federal
Register a detailed justification for the waiver.
(4) International agreements.--This subsection shall be
applied in a manner consistent with the obligations of the
United States under all applicable international agreements.
(f) Wage Rate Requirements.--
(1) In general.--Notwithstanding any other provision of
law, all laborers and mechanics employed by contractors and
subcontractors on projects funded directly or assisted in whole
or in part by the Federal Government pursuant to this section
shall be paid wages at rates not less than those prevailing on
projects of a similar character in the locality, as determined
by the Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code (commonly known as
the ``Davis-Bacon Act'').
(2) Authority.--With respect to the labor standards
specified in paragraph (1), the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
3145 of title 40, United States Code.
SEC. 3. PERSONNEL.
(a) In General.--To carry out section 2, the Secretary shall hire
within the Department of Energy--
(1) not less than 300 full-time employees in the Office of
Energy Efficiency and Renewable Energy;
(2) not less than 100 full-time employees, to be
distributed among--
(A) the Office of General Counsel;
(B) the Office of Procurement Policy;
(C) the Golden Field Office;
(D) the National Energy Technology Laboratory; and
(E) the Office of the Inspector General; and
(3) not less than 20 full-time employees in the Office of
Indian Energy.
(b) Timeline.--Not later than 60 days after the date of enactment
of this Act, the Secretary shall--
(1) hire all personnel under subsection (a); or
(2) certify that the Secretary is unable to hire all
personnel by the date required under this subsection.
(c) Contract Hires.--
(1) In general.--If the Secretary makes a certification
under subsection (b)(2), the Secretary may hire on a contract
basis not more than 50 percent of the personnel required to be
hired under subsection (a).
(2) Duration.--An individual hired on a contract basis
under paragraph (1) shall have an employment term of not more
than 1 year.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $84,000,000 for
each of fiscal years 2021 through 2031.
(e) Report.--Not later than 60 days after the date of enactment of
this Act, and annually thereafter for 2 years, the Secretary shall
submit a report on progress made in carrying out subsection (a) to--
(1) the Subcommittee on Energy and Water Development of the
Committee on Appropriations of the Senate;
(2) the Subcommittee on Energy and Water Development and
Related Agencies of the Committee on Appropriations of the
House of Representatives;
(3) the Committee on Energy and Natural Resources of the
Senate; and
(4) the Committee on Energy and Commerce of the House of
Representatives.
<all>