[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5288 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 5288
To provide for the establishment of clean technology consortia to
enhance the economic, environmental, and energy security of the United
States by promoting domestic development, manufacture, and deployment
of clean technologies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 19, 2016
Mr. Cartwright (for himself, Mr. Honda, Ms. Michelle Lujan Grisham of
New Mexico, Mr. Takano, Mr. Tonko, Mr. McDermott, and Mr. Langevin)
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 provide for the establishment of clean technology consortia to
enhance the economic, environmental, and energy security of the United
States by promoting domestic development, manufacture, and deployment
of clean technologies, 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 ``Consortia-Led Energy and Advanced
Manufacturing Networks Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Clean technology.--The term ``clean technology'' means
a technology, production process, or methodology that--
(A) produces energy from solar, wind, geothermal,
biomass, tidal, wave, ocean, or another renewable
energy source (as defined in section 609 of the Public
Utility Regulatory Policies Act of 1978 (7 U.S.C.
918c));
(B) more efficiently transmits, distributes, or
stores energy;
(C) enhances energy efficiency for buildings and
industry, including combined heat and power;
(D) enables the development of a Smart Grid (as
described in section 1301 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17381)), including
integration of renewable energy sources and distributed
generation, demand response, demand side management,
and systems analysis;
(E) produces an advanced or sustainable material
with energy or energy efficiency applications;
(F) improves energy efficiency for transportation,
including electric vehicles; or
(G) enhances water security through improved water
management, conservation, distribution, or end use
applications.
(2) Advanced manufacturing.--The term ``advanced
manufacturing''--
(A) means a manufacturing process that makes
extensive use of computer, high precision, or
information technologies integrated with a high
performance workforce in a production system capable of
furnishing a heterogeneous mix of products in small or
large volumes with either the efficiency of mass
production or the flexibility of custom manufacturing
in order to respond quickly to customer demands; and
(B) includes both new ways to manufacture existing
products and the manufacture of new products emerging
from new advanced technologies.
(3) Cluster.--The term ``cluster'' means a network of
entities directly involved in the research, development,
finance, and commercial application of clean technologies and
advanced manufacturing whose geographic proximity facilitates
the use and sharing of skilled human resources, infrastructure,
research facilities, educational and training institutions,
venture capital, and input suppliers.
(4) Consortium.--The term ``consortium'' means a clean
technology consortium established in accordance with this Act.
(5) Project.--The term ``project'' means an activity with
respect to which a consortium provides support under this Act.
(6) Qualifying entity.--The term ``qualifying entity''
means--
(A) an institution of higher education that has
entered into a partnership agreement with a private-
sector entity;
(B) a Federal or State entity with a focus on
developing clean technologies or clusters, as
determined by the Secretary;
(C) a nongovernmental organization with expertise
in translational research, clean technology, or cluster
development; or
(D) any other entity determined appropriate by the
Secretary.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(8) Translational research.--The term ``translational
research'' means the coordination of basic or applied research
with technical applications to enable promising discoveries or
inventions to achieve commercial application.
SEC. 3. ESTABLISHMENT OF CLEAN TECHNOLOGY CONSORTIA PROGRAM.
(a) In General.--The Secretary shall establish and carry out a
program to establish clean technology consortia to enhance the
economic, environmental, and energy security of the United States by
promoting domestic development, manufacture, and deployment of clean,
state-of-the-art technologies.
(b) Program.--The Secretary shall carry out the program established
under subsection (a) by leveraging the expertise and resources of
private research communities, institutions of higher education,
industry, venture capital, National Laboratories (as defined in section
2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)), and other
participants in technology innovation--
(1) to support collaborative, cross-disciplinary research
and development in clean technologies and advanced
manufacturing; and
(2) to develop and accelerate the commercial application of
innovative clean technologies and advanced manufacturing
practices.
(c) Role of the Secretary.--The Secretary shall--
(1) carry out and oversee all aspects of the program
established under subsection (a);
(2) select recipients of grants for the establishment and
operation of consortia through a competitive selection process;
and
(3) coordinate the innovation activities of consortia with
activities carried out by the Secretary of Energy, the
Secretary of Defense, other Federal agency heads, industry, and
institutions of higher education, including by annually--
(A) issuing guidance regarding national clean
technology and advanced manufacturing development
priorities and strategic objectives; and
(B) convening a conference relating to clean
technology and advanced manufacturing, which shall
bring together representatives of Federal agencies,
industry, institutions of higher education, and other
entities to share research and commercialization
results, program plans, and opportunities for
collaboration.
(d) Purposes of Consortia.--The purposes of the consortia shall
include--
(1) promoting new innovative clean technologies that have
demonstrated interest and potential for commercialization;
(2) expanding advanced manufacturing capabilities,
networks, supply chains, and assets, in the area of clean
technologies, that contribute to regional and national
manufacturing competitiveness and potential for growth;
(3) promoting job creation and entrepreneurship through the
establishment of new companies, the expansion of existing
companies, and commercialization of clean technologies;
(4) providing technical or financial assistance to
companies looking to invest in clean technologies, new products
or services, or enhanced processes that will grow sales and
jobs;
(5) determining opportunities and challenges that companies
are facing and how to improve their use or production of clean
technologies;
(6) assisting individual small- and medium-sized
enterprises with adopting and utilizing new clean technologies
and related business and advanced manufacturing practices;
(7) accelerating investment in and deployment of clean
technologies through public-private partnerships;
(8) encouraging partnering between and among emerging and
established clean technology and advanced manufacturing
enterprises; or
(9) demonstrating a comprehensive and successful model for
commercialization of clean technologies for promotion and
emulation.
SEC. 4. APPLICATIONS.
(a) In General.--To receive a grant under this Act, a consortium
shall submit to the Secretary an application in such manner, at such
time, and containing such information as the Secretary determines to be
necessary.
(b) Eligibility.--A consortium shall be eligible to receive a grant
under this Act if--
(1) the consortium consists of--
(A) one or more research universities that can
demonstrate a significant annual clean technology
research budget, entrepreneurial support programs, and
technology licensing expertise; and
(B) a total of three or more qualifying entities
that can demonstrate expertise in translational
research, clean technology, and cluster development;
(2) the members of the consortium have established a
binding agreement that documents--
(A) the structure of the partnership agreement;
(B) a governance and management structure that
enables cost-effective implementation of the program;
(C) a conflicts-of-interest policy, including
procedures, consistent with those of the Department of
Commerce, to ensure that employees and designees for
consortium activities who are in decisionmaking
capacities disclose all material conflicts of interest,
including financial, organizational, and personal
conflicts of interest;
(D) an accounting structure that meets the
requirements of the Secretary and that may be audited
under this Act; and
(E) the existence of an external advisory
committee;
(3) the consortium receives funding from non-Federal
sources, such as a State and participants of the consortium,
that may be used to support projects;
(4) the consortium is part of an existing cluster or
demonstrates high potential to develop a new cluster; and
(5) the consortium operates as a nonprofit organization or
as a public-private partnership under an operating agreement
led by a nonprofit organization.
(c) Disqualification.--The Secretary may disqualify an application
from a consortium under this Act if the Secretary determines that the
conflicts-of-interest policy of the consortium is inadequate.
(d) External Advisory Committees.--
(1) In general.--To be eligible to receive a grant under
this Act, a consortium shall establish an external advisory
committee, the members of which shall have extensive and
relevant scientific, technical, industry, financial, or
research management expertise.
(2) Duties.--An external advisory committee shall--
(A) review the proposed plans, programs, project
selection criteria, and projects of the consortium; and
(B) ensure that projects selected by the consortium
meet the applicable conflicts-of-interest policy of the
consortium.
(3) Members.--An external advisory committee shall consist
of--
(A) representatives of the members of the
consortium; and
(B) such representatives of industry, including
entrepreneurs and venture capitalists, as the members
of the consortium determine to be necessary.
(4) Secretary as member.--The Secretary shall join the
external advisory committee of a consortium that receives a
grant under this Act.
SEC. 5. GRANTS.
(a) In General.--The Secretary shall award grants, on a competitive
basis--
(1) not later than 2 years after the date of enactment of
this Act, to at least 1 consortium; and
(2) not later than 10 years after such date of enactment,
to not fewer than 6 consortia.
(b) Terms.--
(1) In general.--The initial term of a grant awarded under
this Act shall not exceed 5 years.
(2) Extension.--The Secretary may extend the term of a
grant awarded under this Act for a period of not more than 5
additional years.
(c) Amounts.--
(1) In general.--A grant awarded to a consortium under this
Act shall not exceed the lesser of--
(A) $30,000,000 per fiscal year; or
(B) the collective contributions of non-Federal
entities to the consortium, as described under section
4(b)(3).
(2) Flexibility.--In determining the amount of a grant
under this section, the Secretary shall consider--
(A) the translational research capacity of the
consortium;
(B) the financial, human, and facility resources of
the qualifying entities; and
(C) the cluster of which the consortium is a part.
(3) Increases in amounts.--Subject to paragraph (1), a
consortium may request an increase in the amount of a grant
awarded under this Act at the time the consortium requests an
extension of an initial grant.
(d) Use of Amounts.--
(1) In general.--Subject to paragraph (3), a consortium
awarded a grant under this Act shall use the amounts to support
translational research, technology development, manufacturing
innovation, and commercialization activities relating to clean
technology.
(2) Project selection.--As a condition of receiving a grant
under this Act, a consortium shall--
(A) develop and make available to the public on the
Web site of the Department of Commerce proposed plans,
programs, project selection criteria, and terms for
individual project awards;
(B) establish policies--
(i) to prevent resources provided to the
consortium from being used to displace private
sector investment otherwise likely to occur,
including investment from private sector
entities that are members of the consortium;
(ii) to facilitate the participation of
private entities that invest in clean
technologies to perform due diligence on award
proposals, to participate in the award review
process, and to provide guidance to projects
supported by the consortium; and
(iii) to facilitate the participation of
parties with a demonstrated history of
commercial application of clean technologies in
the development of consortium projects;
(C) oversee project solicitations, review proposed
projects, and select projects for awards; and
(D) monitor project implementation.
(3) Limitations.--
(A) Administrative expenses.--A consortium may use
not more than 10 percent of the amounts awarded to the
consortium for administrative expenses.
(B) Prohibition on use.--A consortium may not use
any amounts awarded to the consortium under this Act to
construct a new building or facility.
(e) Audits.--
(1) In general.--A consortium that receives a grant under
this Act shall carry out, in accordance with such requirements
as the Secretary may prescribe, an annual audit to determine
whether the grant has been used in accordance with this Act.
(2) Report.--The consortium shall submit a copy of each
audit under paragraph (1) to the Secretary and the Comptroller
General of the United States.
(3) GAO review.--As a condition of receiving a grant under
this Act, a consortium shall allow the Comptroller General of
the United States, on the request of the Comptroller General,
full access to the books, records, and personnel of consortium.
(4) Reports to congress.--The Secretary shall submit to
Congress annually a report that includes--
(A) a copy of each audit carried out under
paragraph (1); and
(B) any recommendations of the Secretary relating
to the clean technology consortia program.
(f) Revocation of Awards.--The Secretary shall have the authority--
(1) to review grants awarded under this Act; and
(2) to revoke a grant awarded under this Act if the
Secretary determines that a consortium has used the grant in a
manner that is not consistent with this Act.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $100,000,000.
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