[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8187 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8187
To direct the Secretary of Energy to establish and carry out a program
to support the development, maintenance, implementation, and adoption
of digital identification systems for advanced energy technologies for
the purpose of increasing critical material supply chain transparency.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 30, 2024
Mr. Tonko (for himself and Mr. Graves of Louisiana) 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 and carry out a program
to support the development, maintenance, implementation, and adoption
of digital identification systems for advanced energy technologies for
the purpose of increasing critical material supply chain transparency.
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 ``Critical Material Transparency and
Reporting in Advanced Clean Energy Act of 2024''.
SEC. 2. ADVANCED ENERGY TECHNOLOGY SUPPLY CHAIN TRANSPARENCY PROGRAM.
(a) In General.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish and carry
out a program to support the development, maintenance,
implementation, and adoption of digital identification systems
for advanced energy technologies to improve the transparency of
the supply chains of advanced energy technologies by tracking
and tracing the flow of critical materials used in such
technologies.
(2) Financial and technical assistance.--The Secretary may
provide financial and technical assistance to entities to
support the development, maintenance, implementation, and
adoption of digital identification systems under paragraph (1).
(3) Interagency coordination.--The Secretary shall consult
with the Administrator of the Environmental Protection Agency,
the Secretary of the Treasury, the Secretary of Commerce, the
Secretary of Defense, the Secretary of the Interior, the
Secretary of Labor, the Secretary of State, the Director of the
United States Geological Survey, the Chair of the Federal Trade
Commission, and other Federal agencies the Secretary determines
are relevant to align the program established under paragraph
(1) with--
(A) any existing regulations, rules, guidelines,
and funding opportunities related to advanced energy
technologies or critical materials; and
(B) other efforts that support recycling, reuse,
refurbishment, repurposing, and the sustainable
sourcing, manufacturing, and use of advanced energy
technologies.
(4) External engagement.--In establishing and carrying out
the program under paragraph (1), the Secretary shall engage
with external stakeholders, including potentially impacted
communities, digital identification system developers and
users, mining organizations, national security organizations,
consumer privacy experts, advanced energy technology
manufacturers, and nongovernmental organizations.
(b) Digital Battery Identification Systems.--
(1) In general.--In carrying out the program established
under subsection (a), the Secretary shall support the
development, maintenance, implementation, and adoption of
digital battery identification systems, which shall contain the
data and other information required under paragraph (4).
(2) Purposes.--The purposes of a digital battery
identification system developed, maintained, implemented, or
adopted pursuant to this subsection include--
(A) enabling demonstration and verification of
compliance with the applicable mineral percentages
under section 30D(e) of the Internal Revenue Code (26
U.S.C. 30D(e));
(B) enabling and improving effective and
responsible battery collection and end-of-life
management, including the reuse and recycling of
critical materials;
(C) reducing safety concerns relating to the
improper disposal of batteries;
(D) improving and harmonizing global supply chain
data collection and verification processes; and
(E) enabling the reduction of global greenhouse gas
emissions.
(3) Program requirements.--In carrying out paragraph (1),
the Secretary shall--
(A) establish a framework for responsible data
governance, including developing, identifying,
documenting, and establishing best practices, methods,
and standards for data collection, access, ownership,
verification, sharing, collation, reporting, and
security, including the protection of confidential
business information;
(B) engage with stakeholders, including potentially
impacted communities, digital identification system
developers and users, mining organizations, national
security organizations, consumer privacy experts,
advanced energy technology manufacturers, in
collaborative platforms, including workshops and
forums;
(C) consider best practices for use and
administration of digital battery identification
systems, including display format; and
(D) encourage digital battery identification
systems to be comparable and interoperable through
harmonized data collection, verification methods, and
standards.
(4) Requirements for digital battery identification
systems.--A digital battery identification system developed,
maintained, implemented, or adopted pursuant to this subsection
shall--
(A) identify and provide detailed information on
the battery components and battery materials, including
cathode and anode chemistry;
(B) identify the country of origin for each battery
component and battery material identified under
subparagraph (A);
(C) identify the geographical location of the
battery's final manufacturing facility and include the
full material journey of each battery component and
battery material identified under subparagraph (A),
which may include locations of extraction, production,
processing, manufacturing, recycling, and
refurbishment;
(D) identify the recycled content of battery
components identified under subparagraph (A);
(E) as applicable, provide the information
necessary to demonstrate and verify compliance with the
applicable mineral percentages under section 30D(e) of
the Internal Revenue Code (26 U.S.C. 30D(e));
(F) provide information on how to assemble,
disassemble, remove, recycle, repair, repurpose, reuse,
and dispose of the battery;
(G) provide appropriate diagnostic, maintenance,
safety, and performance data with respect to the
battery, including data determined to be useful for
facilitating second use applications, such as data on
the minimum voltage, rated capacity, date of
manufacture, and battery manufacturer;
(H) provide information on, as determined in
consultation with the Secretary of State and the
Secretary of Labor--
(i) environmental concerns and impacts,
which may include the carbon footprint, related
to the full material journey of each battery
component and battery material identified under
subparagraph (A); and
(ii) any labor and human rights issues and
violations related to the processing,
manufacturing, and sourcing of each battery
component and battery material identified under
subparagraph (A);
(I) not collect or share data that risks consumer
privacy; and
(J) provide any other information the Secretary
determines necessary to meet the purposes described in
paragraph (2).
(5) Other standards and laws.--The development,
maintenance, implementation, and adoption of digital battery
identification systems pursuant to this subsection shall be
compatible with--
(A) the labeling guidelines and other forms of
communication materials developed pursuant to section
70401(c) of the Infrastructure Investment and Jobs Act
(42 U.S.C. 6966c(c));
(B) international standards and programs relevant
to battery labeling and digital identification systems;
(C) the Mercury-Containing and Rechargeable Battery
Management Act (42 U.S.C. 14301 et seq.); and
(D) other relevant standards and laws as determined
appropriate by the Secretary.
(6) Financial and technical assistance.--
(A) In general.--The Secretary may provide
financial and technical assistance to entities under
this subsection to support the development,
maintenance, implementation, and adoption of digital
battery identification systems.
(B) Inclusions.--Financial and technical assistance
provided under this paragraph may include--
(i) grants and other types of financial
assistance; and
(ii) conducting outreach and education on
digital battery identification systems.
(c) Report to Congress.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall submit to Congress a report
describing the activities of the program established under subsection
(a).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this Act $20,000,000 for
each of fiscal years 2024 through 2028.
(e) Definitions.--In this section:
(1) Advanced energy technology.--The term ``advanced energy
technology''--
(A) means--
(i) a technology used to produce energy
from the sun, water, wind, a geothermal or
hydrothermal resource, an enhanced geothermal
system, or another renewable resource;
(ii) a microturbine or energy storage
system, including a fuel cell and battery;
(iii) electric grid modernization
equipment;
(iv) technology used to capture, remove,
use, or sequester carbon dioxide;
(v) equipment that refines, electrolyzes,
or blends any fuel, chemical, or product that
is--
(I) renewable; or
(II) low-carbon and low-emission;
(vi) an energy conservation technology,
including such a technology used for
residential, commercial, or industrial
applications;
(vii) a light-, medium-, or heavy-duty
electric or fuel cell vehicle, an electric or
fuel cell locomotive, an electric or fuel cell
maritime vessel, or an electric or fuel cell
plane, including charging or refueling
infrastructure associated with such a vehicle,
locomotive, maritime vessel, or plane; or
(viii) a hybrid vehicle with a gross
vehicle weight rating of not less than 14,000
pounds, including charging or refueling
infrastructure associated with such a hybrid
vehicle; and
(B) includes any other technology that is designed
to reduce greenhouse gas emissions, as determined by
the Secretary.
(2) Battery.--The term ``battery'' means a device that--
(A) consists of 1 or more electrochemical cells
that are electrically connected;
(B) stores and delivers electric energy; and
(C) has a capacity of at least 2 kilowatt-hours.
(3) Battery component.--The term ``battery component''--
(A) means a component of a battery; and
(B) includes materials, enhancements, enclosures,
anodes, cathodes, electrolytes, cells, and other
associated technologies that comprise a battery.
(4) Battery material.--The term ``battery material'' means
the raw and processed form of a mineral, metal, chemical, or
other material used in a battery component.
(5) Critical material.--The term ``critical material'' has
the meanings given such term in section 7002(a) of the Energy
Act of 2020 (30 U.S.C. 1606(a)).
(6) Geothermal; hydrothermal; enhanced geothermal system.--
The terms ``geothermal'', ``hydrothermal'', and ``enhanced
geothermal system'' have the meanings given such terms in
section 612 of the Energy Independence and Security Act of 2007
(42 U.S.C. 17191).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
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