[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3066 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 3066
To require the Secretary of Energy to establish a battery material
processing grant program and a battery manufacturing and recycling
grant program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 26, 2021
Ms. Cortez Masto (for herself and Mr. King) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To require the Secretary of Energy to establish a battery material
processing grant program and a battery manufacturing and recycling
grant program, 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 AND 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) Foreign entity of concern.--The term ``foreign entity
of concern'' means a foreign entity that is--
(A) designated as a foreign terrorist organization
by the Secretary of State under section 219(a) of the
Immigration and Nationality Act (8 U.S.C. 1189(a));
(B) included on the list of specially designated
nationals and blocked persons maintained by the Office
of Foreign Assets Control of the Department of the
Treasury (commonly known as the ``SDN list'');
(C) owned by, controlled by, or subject to the
jurisdiction or direction of a government of a foreign
country that is a covered nation (as defined in section
2533c(d) of title 10, United States Code);
(D) alleged by the Attorney General to have been
involved in activities for which a conviction was
obtained under--
(i) chapter 37 of title 18, United States
Code (commonly known as the ``Espionage Act'');
(ii) section 951 or 1030 of title 18,
United States Code;
(iii) chapter 90 of title 18, United States
Code (commonly known as the ``Economic
Espionage Act of 1996'');
(iv) the Arms Export Control Act (22 U.S.C.
2751 et seq.);
(v) section 224, 225, 226, 227, or 236 of
the Atomic Energy Act of 1954 (42 U.S.C. 2274,
2275, 2276, 2277, and 2284);
(vi) the Export Control Reform Act of 2018
(50 U.S.C. 4801 et seq.); or
(vii) the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.); or
(E) determined by the Secretary, in consultation
with the Secretary of Defense and the Director of
National Intelligence, to be engaged in unauthorized
conduct that is detrimental to the national security or
foreign policy of the United States.
(6) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(7) 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.
(8) 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.
(9) 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.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(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) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out the program
$3,000,000,000 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) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out the program
$3,000,000,000 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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