[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4864 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4864
To direct the Secretary of Energy to establish grant programs focused
on battery material processing, manufacturing, and recycling programs,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2021
Mr. Michael F. Doyle of Pennsylvania (for himself, Mr. McKinley, Mr.
Veasey, Mr. Ryan, and Mrs. Dingell) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committee on Science, Space, and Technology, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To direct the Secretary of Energy to establish grant programs focused
on battery material processing, manufacturing, and recycling 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 ``Battery Material Processing and
Component Manufacturing Act of 2021''.
SEC. 2. BATTERY MATERIAL PROCESSING GRANTS; BATTERY MANUFACTURING AND
RECYCLING GRANTS.
(a) Definitions.--In this section:
(1) Advanced battery.--The term ``advanced battery'' means
a battery that consists of a battery cell that can be
integrated into a module, pack, or system to be used in energy
storage applications, including electric vehicles and the
electric grid.
(2) Advanced battery component.--
(A) In general.--The term ``advanced battery
component'' means a component of an advanced battery.
(B) Inclusions.--The term ``advanced battery
component'' includes materials, enhancements,
enclosures, anodes, cathodes, electrolytes, cells, and
other associated technologies that comprise an advanced
battery.
(3) Battery material.--The term ``battery material'' means
the raw and processed form of a mineral, metal, chemical, or
other material used in an advanced battery component.
(4) Eligible entity.--The term ``eligible entity'' means an
entity described in any of paragraphs (1) through (5) of
section 989(b) of the Energy Policy Act of 2005 (42 U.S.C.
16353(b)).
(5) Manufacturing.--The term ``manufacturing'', with
respect to an advanced battery and an advanced battery
component, means the industrial and chemical steps taken to
produce that advanced battery or advanced battery component,
respectively.
(6) Processing.--The term ``processing'', with respect to
battery material, means the refining of materials, including
the treating, baking, and coating processes used to convert raw
products into constituent materials employed directly in
advanced battery manufacturing.
(7) Recycling.--The term ``recycling'' means the recovery
of materials from advanced batteries to be reused in similar
applications, including the extracting, processing, and
recoating of battery materials and advanced battery components.
(b) Battery Material Processing Grants.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish within the
Office of Fossil Energy a program, to be known as the ``Battery
Material Processing Grant Program'' (referred to in this
subsection as the ``program''), under which the Secretary shall
award grants in accordance with this subsection.
(2) Purposes.--The purposes of the program are--
(A) to ensure that the United States has a viable
battery materials processing industry to supply the
North American battery supply chain;
(B) to expand the capabilities of the United States
in advanced battery manufacturing;
(C) to enhance national security by reducing the
reliance of the United States on foreign competitors
for critical materials and technologies; and
(D) to enhance the domestic processing capacity of
minerals necessary for battery materials and advanced
batteries.
(3) Grants.--
(A) In general.--Under the program, the Secretary
shall award grants to eligible entities--
(i) to carry out 1 or more demonstration
projects in the United States for the
processing of battery materials;
(ii) to construct 1 or more new commercial-
scale battery material processing facilities in
the United States; and
(iii) to retool, retrofit, or expand 1 or
more existing battery material processing
facilities located in the United States and
determined qualified by the Secretary.
(B) Amount limitation.--The amount of a grant
awarded under the program shall be not less than--
(i) $50,000,000 for an eligible entity
carrying out 1 or more projects described in
subparagraph (A)(i);
(ii) $100,000,000 for an eligible entity
carrying out 1 or more projects described in
subparagraph (A)(ii); and
(iii) $50,000,000 for an eligible entity
carrying out 1 or more projects described in
subparagraph (A)(iii).
(C) Priority; consideration.--In awarding grants to
eligible entities under the program, the Secretary
shall--
(i) give priority to an eligible entity
that--
(I) is located and operates in the
United States;
(II) is owned by a United States
entity;
(III) deploys North American-owned
intellectual property and content;
(IV) represents consortia or
industry partnerships; and
(V) will not use battery material
supplied by or originating from a
foreign entity of concern; and
(ii) take into consideration whether a
project--
(I) provides workforce
opportunities in low- and moderate-
income communities;
(II) encourages partnership with
universities and laboratories to spur
innovation and drive down costs;
(III) partners with Indian Tribes;
and
(IV) takes into account--
(aa) greenhouse gas
emissions reductions and energy
efficient battery material
processing opportunities
throughout the manufacturing
process; and
(bb) supply chain
logistics.
(4) Wage rate requirements.--
(A) Davis-bacon.--Any laborer or mechanic employed
by any contractor or subcontractor in the performance
of work on a project funded by a grant awarded under
this subsection shall be paid wages at rates not less
than those prevailing on similar projects in the
locality as determined by the Secretary of Labor under
subchapter IV of chapter 31 of title 40, United States
Code (commonly referred to as the ``Davis-Bacon Act'').
(B) Authority.--With respect to the labor standards
specified in subparagraph (A), 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.
(5) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out the program
$3,500,000,000 for the period of fiscal years 2022 through
2026, to remain available until expended.
(c) Battery Manufacturing and Recycling Grants.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish within the
Office of Energy Efficiency and Renewable Energy a battery
manufacturing and recycling grant program (referred to in this
subsection as the ``program'').
(2) Purpose.--The purpose of the program is to ensure that
the United States has a viable domestic manufacturing and
recycling capability to support and sustain a North American
battery supply chain.
(3) Grants.--
(A) In general.--Under the program, the Secretary
shall award grants to eligible entities--
(i) to carry out 1 or more demonstration
projects for advanced battery component
manufacturing, advanced battery manufacturing,
and recycling;
(ii) to construct 1 or more new commercial-
scale advanced battery component manufacturing,
advanced battery manufacturing, or recycling
facilities in the United States; and
(iii) to retool, retrofit, or expand 1 or
more existing facilities located in the United
States and determined qualified by the
Secretary for advanced battery component
manufacturing, advanced battery manufacturing,
and recycling.
(B) Amount limitation.--The amount of a grant
awarded under the program shall be not less than--
(i) $50,000,000 for an eligible entity
carrying out 1 or more projects described in
subparagraph (A)(i);
(ii) $100,000,000 for an eligible entity
carrying out 1 or more projects described in
subparagraph (A)(ii); and
(iii) $50,000,000 for an eligible entity
carrying out 1 or more projects described in
subparagraph (A)(iii).
(C) Priority; consideration.--In awarding grants to
eligible entities under the program, the Secretary
shall--
(i) give priority to an eligible entity
that--
(I) is located and operates in the
United States;
(II) is owned by a United States
entity;
(III) deploys North American-owned
intellectual property and content;
(IV) represents consortia or
industry partnerships; and
(V)(aa) if the eligible entity will
use the grant for advanced battery
component manufacturing, will not use
battery material supplied by or
originating from a foreign entity of
concern; or
(bb) if the eligible entity will
use the grant for battery recycling,
will not export recovered critical
materials to a foreign entity of
concern; and
(ii) take into consideration whether a
project--
(I) provides workforce
opportunities in low- and moderate-
income or rural communities;
(II) provides workforce
opportunities in communities that have
lost jobs due to the displacements of
fossil energy jobs;
(III) encourages partnership with
universities and laboratories to spur
innovation and drive down costs;
(IV) partners with Indian Tribes;
(V) takes into account--
(aa) greenhouse gas
emissions reductions and energy
efficient battery material
processing opportunities
throughout the manufacturing
process; and
(bb) supply chain
logistics; and
(VI) utilizes feedstock produced in
the United States.
(4) Wage rate requirements.--
(A) Davis-bacon.--Any laborer or mechanic employed
by any contractor or subcontractor in the performance
of work on a project funded by a grant awarded under
this subsection shall be paid wages at rates not less
than those prevailing on similar projects in the
locality as determined by the Secretary of Labor under
subchapter IV of chapter 31 of title 40, United States
Code (commonly referred to as the ``Davis-Bacon Act'').
(B) Authority.--With respect to the labor standards
specified in subparagraph (A), 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.
(5) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out the program
$6,500,000,000 for the period of fiscal years 2022 through
2026, to remain available until expended.
(d) Reporting Requirements.--Not later than 1 year after the date
of enactment of this Act, and annually thereafter, the Secretary shall
submit to Congress a report on the grant programs established under
subsections (b) and (c), including, with respect to each grant program,
a description of--
(1) the number of grant applications received;
(2) the number of grants awarded and the amount of each
award;
(3) the purpose and status of each project carried out
using a grant; and
(4) any other information the Secretary determines
necessary.
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