[Congressional Record Volume 166, Number 42 (Tuesday, March 3, 2020)]
[Senate]
[Pages S1338-S1342]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1395. Mr. MERKLEY submitted an amendment intended to be proposed
by him to the bill S. 2657, to support innovation in advanced
geothermal research and development, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. 2307. GOOD JOBS FOR 21ST CENTURY ENERGY.
(a) Department of Labor Certification of Qualified
Entities.--
(1) Definitions.--In this subsection:
(A) Applicable construction project.--The term ``applicable
construction project'', with respect to an entity, means
construction by the entity of any property described in
section 45L, 48D, or 179D of the Internal Revenue Code of
1986.
(B) Covered project labor agreement.--The term ``covered
project labor agreement'' means a project labor agreement
that--
(i) binds all contractors and subcontractors on the
construction project through the inclusion of appropriate
specifications in all relevant solicitation provisions and
contract documents;
(ii) allows all contractors and subcontractors to compete
for contracts and subcontracts without regard to whether they
are otherwise a party to a collective bargaining agreement;
(iii) contains guarantees against strikes, lockouts, and
other similar job disruptions;
(iv) sets forth effective, prompt, and mutually binding
procedures for resolving labor disputes arising during the
covered project labor agreement; and
(v) provides other mechanisms for labor-management
cooperation on matters of mutual interest and concern,
including productivity, quality of work, safety, and health.
(C) Project labor agreement.--The term ``project labor
agreement'' means a pre-hire collective bargaining agreement
with one or more labor organizations that establishes the
terms and conditions of employment for a specific
construction project and is described in section 8(f) of the
National Labor Relations Act (29 U.S.C. 158(f)).
(D) Qualified entity.--The term ``qualified entity'' means
an entity that the Secretary of Labor certifies as a
qualified entity in accordance with paragraph (2).
(E) Registered apprenticeship program.--The term
``registered apprenticeship program'' has the meaning given
the term in section 171 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3226).
(2) Certification of qualified entities.--
(A) In general.--The Secretary of Labor shall establish a
process for certifying entities that submit an application
under subparagraph (B) as qualified entities for purposes of
the amendments made by subsections (b), (c), and (d).
(B) Application process.--
(i) In general.--An entity seeking certification as a
qualified entity under this paragraph shall submit an
application to the Secretary of Labor at such time, in such
manner, and containing such information as the Secretary of
Labor may reasonably require, including information to
demonstrate compliance with the requirements under
subparagraph (C).
(ii) Requests for additional information.--Not later than 1
year after receiving an application from an entity under
clause (i)--
[[Page S1339]]
(I) the Secretary of Labor may request additional
information from the entity in order to determine whether the
entity is in compliance with the requirements under
subparagraph (C); and
(II) the entity shall provide such additional information.
(iii) Determination deadline.--The Secretary of Labor shall
make a determination on whether to certify an entity under
this paragraph not later than--
(I) in a case in which such Secretary requests additional
information described in clause (ii)(I), 1 year after such
Secretary receives such additional information from the
entity; or
(II) in a case that is not described in subclause (I), 1
year after the date on which the entity submits the
application under clause (i).
(iv) Pre-certification remedies.--The Secretary of Labor
shall consider any corrective actions taken by an entity
seeking certification under this paragraph to remedy an
administrative merits determination, arbitral award or
decision, or civil judgment identified under subparagraph
(C)(i)(IV) and shall impose as a condition of certification
any additional remedies necessary to avoid further or
repeated violations.
(C) Labor standards requirements.--
(i) In general.--The Secretary of Labor shall require an
entity, as a condition of certification under this paragraph,
to satisfy each of the following requirements:
(I) The entity shall ensure that all laborers and mechanics
employed by contractors and subcontractors in the performance
of any applicable construction project 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'').
(II) The entity shall give preference in hiring to workers
who--
(aa) have been previously employed in the fossil fuel
industry;
(bb) are members of deindustrialized communities; or
(cc) are members of communities with a significant presence
of fossil fuel infrastructure or operations.
(III) The entity shall be a party to, or require
contractors and subcontractors in the performance of any
applicable construction project to consent to, a covered
project labor agreement.
(IV) The entity, and all contractors and subcontractors in
performance of any applicable construction project, shall
represent in the application submitted under subparagraph (B)
whether there has been any administrative merits
determination, arbitral award or decision, or civil judgment,
as defined in guidance issued by the Secretary of Labor,
rendered against the entity in the preceding 3 years for
violations of--
(aa) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.);
(bb) the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.);
(cc) the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1801 et seq.);
(dd) the National Labor Relations Act (29 U.S.C. 151 et
seq.);
(ee) subchapter IV of chapter 31 of title 40, United States
Code (commonly known as the ``Davis-Bacon Act'');
(ff) chapter 67 of title 41, United States Code (commonly
known as the ``Service Contract Act'');
(gg) Executive Order 11246 (42 U.S.C. 2000e note; relating
to equal employment opportunity);
(hh) section 503 of the Rehabilitation Act of 1973 (29
U.S.C. 793);
(ii) section 4212 of title 38, United States Code;
(jj) the Family and Medical Leave Act of 1993 (29 U.S.C.
2601 et seq.);
(kk) title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.);
(ll) the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.);
(mm) the Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.);
(nn) Executive Order 13658 (79 Fed. Reg. 9851; relating to
establishing a minimum wage for contractors); or
(oo) equivalent State laws, as defined in guidance issued
by the Secretary of Labor.
(V) The entity, and all contractors and subcontractors in
the performance of any applicable construction project, shall
not require mandatory arbitration for any dispute involving a
worker engaged in a service for the entity.
(VI) The entity, and all contractors and subcontractors in
the performance of any applicable construction project, shall
consider an individual performing any service in such
performance as an employee (and not an independent
contractor) of the entity, contractor, or subcontractor,
respectively, unless--
(aa) the individual is free from control and direction in
connection with the performance of the service, both under
the contract for the performance of the service and in fact;
(bb) the service is performed outside the usual course of
the business of the entity, contractor, or subcontractor,
respectively; and
(cc) the individual is customarily engaged in an
independently established trade, occupation, profession, or
business of the same nature as that involved in such service.
(VII) The entity shall prohibit all contractors and
subcontractors in the performance of any applicable
construction project from hiring employees through a
temporary staffing agency unless the relevant State workforce
agency certifies that temporary employees are necessary to
address an acute, short-term labor demand.
(VIII) The entity shall require all contractors,
subcontractors, successors in interest of the entity, and
other entities that may acquire the entity, in the
performance or acquisition of any applicable construction
project, to have an explicit neutrality policy on any issue
involving the organization of employees of the entity, and
all contractors and subcontractors in the performance of any
applicable construction project, for purposes of collective
bargaining.
(IX) The entity shall, for each skilled craft employed on
any applicable construction project, demonstrate an ability
to use and commit to use individuals enrolled in a registered
apprenticeship program, which such individuals shall, to the
greatest extent practicable, constitute not less than 20
percent of the individuals working on such project.
(X) The entity, and all contractors and subcontractors in
the performance of any applicable construction project, shall
not request or otherwise consider the criminal history of an
applicant for employment before extending a conditional offer
to the applicant, unless--
(aa) a background check is otherwise required by law;
(bb) the position is for a Federal law enforcement officer
(as defined in section 115(c) of title 18, United States
Code) position; or
(cc) the Secretary of Labor, in consultation with the
Secretary of Energy, certifies that precluding criminal
history prior to the conditional offer would pose a threat to
national security.
(ii) Davis-bacon act.--The Secretary of Labor shall have,
with respect to the labor standards described in clause
(i)(I), 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.
(D) Period of validity for certifications.--A certification
made under this paragraph shall be in effect for a period of
5 years. An entity may reapply to the Secretary of Labor for
an additional certification under this paragraph in
accordance with the application process under subparagraph
(B).
(E) Revocation of qualified entity status.--The Secretary
of Labor may revoke the certification of an entity under this
paragraph as a qualified entity at any time in which the
Secretary of Labor determines the entity is no longer in
compliance with subparagraph (C).
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000
for fiscal year 2021 and each fiscal year thereafter.
(b) Jobs in Energy Credit.--
(1) In general.--Subpart E of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
inserting after section 48C the following new section:
``SEC. 48D. JOBS IN ENERGY CREDIT.
``(a) Investment Credit for Qualified Property.--For
purposes of section 46, the Jobs in Energy credit for any
taxable year in which the taxpayer has been certified as a
qualified entity (as defined in subsection (e)) is an amount
equal to 10 percent of the qualified investment for such
taxable year with respect to--
``(1) any qualified facility,
``(2) qualified carbon capture and sequestration equipment,
and
``(3) energy storage property.
``(b) Qualified Investment With Respect to Any Qualified
Facility.--
``(1) In general.--For purposes of subsection (a)(1), the
qualified investment with respect to any qualified facility
for any taxable year is the basis of any qualified property
placed in service by the taxpayer during such taxable year
which is part of a qualified facility.
``(2) Qualified property.--The term `qualified property'
means property--
``(A) which is--
``(i) tangible personal property, or
``(ii) other tangible property (not including a building or
its structural components), but only if such property is used
as an integral part of the qualified facility,
``(B) with respect to which depreciation (or amortization
in lieu of depreciation) is allowable,
``(C) which is constructed, reconstructed, erected, or
acquired by the taxpayer, and
``(D) the original use of which commences with the
taxpayer.
``(3) Qualified facility.--For purposes of this section,
the term `qualified facility' means a facility which is--
``(A)(i) used for the generation of electricity from
qualified energy resources (as such term is defined in
section 45(c)(1)), or
``(ii) described in section 638(a)(1) of the Energy Policy
Act of 2005 (42 U.S.C. 16014(a)(1)), and
``(B) originally placed in service after December 31, 2021.
``(c) Qualified Investment With Respect to Qualified Carbon
Capture and Sequestration Equipment.--
``(1) In general.--For purposes of subsection (a)(2), the
qualified investment with respect to qualified carbon capture
and sequestration equipment for any taxable year
[[Page S1340]]
is the basis of any qualified carbon capture and
sequestration equipment placed in service by the taxpayer
during such taxable year.
``(2) Qualified carbon capture and sequestration
equipment.--The term `qualified carbon capture and
sequestration equipment' means property--
``(A) installed at a facility placed in service before
January 1, 2021, which--
``(i) produces electricity, or
``(ii) emits greenhouse gases as a result of industrial
processes,
``(B) which results in the elimination of carbon dioxide
emissions from the facility through the capture and disposal
or utilization of qualified carbon dioxide (as defined in
paragraph (3)),
``(C) with respect to which depreciation is allowable,
``(D) which is constructed, reconstructed, erected, or
acquired by the taxpayer, and
``(E) the original use of which commences with the
taxpayer.
``(3) Qualified carbon dioxide.--The term `qualified carbon
dioxide' means carbon dioxide captured from an industrial
source which--
``(A) would otherwise be released into the atmosphere as
industrial emission of greenhouse gas,
``(B) is measured at the source of capture and verified at
the point of disposal or utilization,
``(C)(i) is disposed of by the taxpayer in secure
geological storage (as such term is defined under section
45Q(f)(2)), or
``(ii) utilized by the taxpayer in a manner described in
section 45Q(f)(5), and
``(D) is captured and disposed or utilized within the
United States (within the meaning of section 638(1)) or a
possession of the United States (within the meaning of
section 638(2)).
``(d) Qualified Investment With Respect to Energy Storage
Property.--
``(1) In general.--For purposes of subsection (a)(3), the
qualified investment with respect to energy storage property
for any taxable year is the basis of any energy storage
property placed in service by the taxpayer during such
taxable year.
``(2) Energy storage property.--The term `energy storage
property' means property--
``(A) which receives, stores, and delivers electricity, or
energy for conversion to electricity, provided that such
electricity is--
``(i) sold by the taxpayer to an unrelated person, or
``(ii) in the case of a facility which is equipped with a
metering device which is owned and operated by an unrelated
person, sold or consumed by the taxpayer,
``(B) with respect to which depreciation is allowable,
``(C) which is constructed, reconstructed, erected, or
acquired by the taxpayer,
``(D) the original use of which commences with the
taxpayer, and
``(E) which is placed in service after December 31, 2021.
``(e) Qualified Entity.--
``(1) In general.--For purposes of this section, the term
`qualified entity' means an entity which has been certified
by the Secretary of Labor as being in compliance with all of
the applicable requirements under section 2307(a) of the
American Energy Innovation Act of 2020.
``(2) Aggregation rule.--All persons which are treated as a
single employer under subsections (a) and (b) of section 52
shall be treated as a single taxpayer.
``(3) Requirement for certification prior to
construction.--For purposes of this section, an entity shall
not be considered a qualified entity unless such entity--
``(A) has been certified by the Secretary of Labor as being
in compliance with all of the applicable requirements
described in paragraph (1) prior to the date with respect to
which construction of the property begins, and
``(B) maintains such certification for the entirety of the
period beginning on the date described in subparagraph (A)
and ending on the date in which the property is placed in
service.''.
(2) Conforming amendments.--
(A) Section 46 of such Code is amended--
(i) by striking ``and'' at the end of paragraph (5),
(ii) by striking the period at the end of paragraph (6) and
inserting ``, and'', and
(iii) by adding at the end the following new paragraph:
``(7) the Jobs in Energy credit.''.
(B) Section 49(a)(1)(C) of such Code is amended--
(i) by striking ``and'' at the end of clause (iv),
(ii) by striking the period at the end of clause (v) and
inserting a comma, and
(iii) by adding at the end the following new clauses:
``(vi) the basis of any qualified property which is part of
a qualified facility under section 48D,
``(vii) the basis of any qualified carbon capture and
sequestration equipment under section 48D, and
``(viii) the basis of any energy storage property under
section 48D.''.
(C) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 48C the
following new item:
``48D. Jobs in Energy credit.''.
(3) Effective date.--The amendments made by this subsection
shall apply to property placed in service after December 31,
2021.
(c) Extension and Enhancement of New Energy Efficient Home
Credit.--
(1) Extension.--Subsection (g) of section 45L of the
Internal Revenue Code of 1986 is amended by striking
``December 31, 2020'' and inserting ``December 31, 2030''.
(2) Increase in credit for qualified entities.--Subsection
(a) of such section is amended by adding at the end the
following:
``(3) Adjustment for qualified entities.--In the case of
any taxable year in which the eligible contractor has been
certified as a qualified entity (as defined in section
48D(e)), paragraph (2) shall be applied--
``(A) in subparagraph (A) of such paragraph, by
substituting `$2,200' for `$2,000', and
``(B) in subparagraph (B) of such paragraph, by
substituting `$1,100' for `$1,000'.''.
(3) Effective date.--The amendments made by this subsection
shall apply to any qualified new energy efficient home
acquired after December 31, 2021.
(d) Extension and Enhancement of Energy Efficient
Commercial Building Deduction.--
(1) Extension.--Subsection (h) of section 179D of the
Internal Revenue Code of 1986 is amended by striking
``December 31, 2020'' and inserting ``December 31, 2030''.
(2) Increase in deduction for qualified entities.--
Subsection (d) of such section is amended by adding at the
end the following:
``(7) Adjustment for qualified entities.--In the case of
any energy efficient commercial building property placed in
service during any taxable year, if such property was
installed by an entity which is certified as a qualified
entity (as defined in section 48D(e)) for such taxable year,
subsection (b)(1) shall be applied by substituting `$2.00'
for `$1.80' in subparagraph (A) thereof.''.
(3) Effective date.--The amendments made by this subsection
shall apply to any property placed in service after December
31, 2021.
(e) Clean Energy Manufacturing Initiative.--
(1) In general.--The Secretary shall establish a Clean
Energy Manufacturing Initiative within the Department--
(A) to increase the competitiveness of the United States in
manufacturing clean energy technologies;
(B) to increase the competitiveness of the United States
across the manufacturing sector by--
(i) boosting energy productivity; and
(ii) leveraging clean affordable domestic energy resources
and feedstocks; and
(C) to develop manufacturing supply chains--
(i) for the clean energy economy;
(ii) that prioritize family-sustaining jobs; and
(iii) that prioritize the development of manufacturing
facilities in deindustrialized communities.
(2) Clean jobs workforce hub.--
(A) In general.--As part of the Clean Energy Manufacturing
Initiative established under paragraph (1), the Secretary
shall establish a clean jobs workforce hub under which the
Secretary shall convene the entities described in
subparagraph (B) to work together to train and provide direct
assistance to underserved communities in accessing renewable
energy-related jobs.
(B) Entities described.--The entities referred to in
subparagraph (A) are--
(i) labor organizations;
(ii) renewable energy employers and industry;
(iii) frontline and deindustrialized communities; and
(iv) any other community, industry, or public sector
stakeholders, as determined by the Secretary.
(C) Funding.--Of the funding authorized under paragraph (3)
for each fiscal year, the Secretary shall use to carry out
this paragraph $25,000,000 each fiscal year.
(3) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $100,000,000 for fiscal year 2021 and each fiscal
year thereafter.
(f) Job Creation Through Energy Efficient Manufacturing.--
(1) Definitions.--In this subsection:
(A) Energy management plan.--The term ``energy management
plan'' means a plan established under paragraph (2)(C)(v).
(B) Program.--The term ``program'' means the Financing
Energy Efficient Manufacturing Program established under
paragraph (2)(A).
(C) Program manager.--The term ``program manager'' means a
qualified entity that receives a grant under paragraph
(2)(A).
(D) Project.--The term ``project'' means an energy
efficiency improvement project carried out by a small- or
medium-sized manufacturer using grant funds distributed by a
project manager.
(E) Qualified entity.--The term ``qualified entity''
means--
(i) a State energy office;
(ii) a nonprofit organization that--
(I) is focused on providing energy efficiency or renewable
energy services; and
(II) receives funding from a State, Tribe, or utility;
(iii) an electric cooperative group; and
(iv) an entity with a public-private partnership under the
Hollings Manufacturing Extension Partnership established
under section 25(b) of the National Institute of Standards
and Technology Act (15 U.S.C. 278k(b)).
(F) Small- or medium-sized manufacturer.--The term ``small-
or medium-sized
[[Page S1341]]
manufacturer'' means a manufacturing establishment--
(i) classified in Sector 31, 32, or 33 in the North
American Industry Classification System; and
(ii) that employs not more than 750 employees.
(2) Financing energy efficient manufacturing program.--
(A) Establishment.--The Secretary shall establish a
program, to be known as the ``Financing Energy Efficient
Manufacturing Program'' to provide grants to qualified
entities to fund energy efficiency improvement projects in
the manufacturing sector.
(B) Grant applications; selection of grant recipients.--
(i) Grant applications.--
(I) In general.--Not later than 180 days after the date of
enactment of this Act, qualified entities desiring a grant
under subparagraph (A) shall submit to the Secretary an
application in such manner and containing such information as
the Secretary may require, including a description of--
(aa) how the qualified entity will work with small- and
medium-sized manufacturers to assess the most promising
opportunities for energy efficiency improvements;
(bb) how the qualified entity will work with small- and
medium-sized manufacturers and, if appropriate, licensed
engineers to establish an energy management plan for the
small- or medium-sized manufacturer to carry out a project;
(cc) the methods and cost-sharing plans the qualified
entity will use to distribute funds to small- and medium-
sized manufacturers to subsidize the costs of carrying out a
project;
(dd) the standards by which the qualified entity will set
energy efficiency goals for a project that will result in
meaningful reductions in electricity or natural gas use by
the small- or medium-sized manufacturer carrying out the
project;
(ee) how the qualified entity will provide support to the
small- or medium-sized manufacturer carrying out a project
during the implementation of the energy management plan;
(ff)(AA) any history of the qualified entity of working
collaboratively with the regional technical assistance
programs of the Department; and
(BB) how the qualified entity plans to involve the regional
technical assistance programs in the activities to be funded
by a grant; and
(gg) how the qualified entity will collect measurements
throughout the implementation of the energy management plan--
(AA) to demonstrate how energy efficiency improvements are
being achieved; and
(BB) to maximize opportunities for project success.
(II) Partnerships.--Two or more qualified entities may form
a partnership to apply, and act as program manager, for a
grant under this paragraph.
(ii) Selection of grant recipients.--
(I) In general.--Not later than 90 days after the date on
which the Secretary receives an application under clause (i),
the Secretary shall--
(aa) review the application;
(bb) provide the applicant with an opportunity to respond
to any questions of the Secretary regarding the application;
and
(cc) select or deny the applicant based on the criteria
described in subclause (II).
(II) Selection criteria.--
(aa) In general.--The Secretary shall select for grants
under this paragraph qualified entities that demonstrate a
history of successfully implementing energy efficiency
improvement programs for small- and medium-sized
manufacturers.
(bb) Priority.--In making selections under item (aa), the
Secretary shall give priority to qualified entities that
demonstrate--
(AA) effective methods for reducing barriers to entry that
might otherwise prevent small- and medium-sized manufacturers
from participating in the subgrant program under subparagraph
(C);
(BB) flexibility in addressing the needs of different
small- and medium-sized manufacturers; and
(CC) a commitment to hiring for projects contractors that
comply with the labor requirements described in subparagraph
(D)(ii).
(C) Subgrants for energy efficiency improvements.--
(i) In general.--A qualified entity (including a
partnership of 1 or more qualified entities under
subparagraph (B)(i)(II)) that receives a grant under
subparagraph (A) shall act as a program manager to distribute
subgrants to small- and medium-sized manufacturers located in
the State in which the program manager is located to carry
out projects--
(I) to improve the energy efficiency of the small- or
medium-sized manufacturer; and
(II) to develop technologies to reduce electricity or
natural gas use by the small- or medium-sized manufacturer.
(ii) Applications.--A small- or medium-sized manufacturer
desiring a subgrant under clause (i) shall submit to the
program manager an application at such time, in such manner,
and containing such information as the program manager may
require, including a proposal describing the project to be
carried out using the subgrant funds.
(iii) Priority.--In selecting small- or medium-sized
manufacturers for subgrants under this subparagraph, the
program manager shall give priority to small- or medium-sized
manufacturers that commit to hiring for projects contractors
that comply with the labor requirements described in
subparagraph (D)(ii).
(iv) Eligibility requirements.--To be eligible to receive a
subgrant under clause (i), a small- or medium-sized
manufacturer shall be a private, nongovernmental entity.
(v) Energy management plans.--Each small- or medium-sized
manufacturer receiving a subgrant under clause (i), in
consultation with the program manager and, if appropriate, 1
or more licensed engineers, shall establish an energy
management plan for the small- or medium-sized manufacturer
to carry out the project.
(vi) Effect on title to property.--The receipt of Federal
funds under this subparagraph shall not prohibit an entity
that purchased equipment or other property using those funds
from owning sole, permanent title to the equipment or other
property.
(D) Contractors.--
(i) In general.--Program managers and small- or medium-
sized manufacturers may hire, if necessary, contractors to
perform work relating to the installation, repair, or
maintenance of equipment used under a project.
(ii) Labor requirements.--In an application for a grant or
subgrant under this paragraph, a program manager or a small-
or medium-sized manufacturer, respectively, shall commit to
hiring contractors that are certified by the Secretary of
Labor under subsection (a) as being in compliance with all of
the applicable requirements under that subsection.
(E) American iron, steel, and manufactured products.--
(i) Definitions.--In this subparagraph:
(I) Iron or steel manufactured product.--The term ``iron or
steel manufactured product'' includes any construction
material or end product (as those terms are defined in
subpart 25.003 of the Federal Acquisition Regulation) that
does not otherwise qualify as an iron or steel product,
including--
(aa) an electrical component;
(bb) a non-ferrous building material, including--
(AA) aluminum and polyvinylchloride;
(BB) glass;
(CC) fiber optics;
(DD) plastic;
(EE) wood;
(FF) masonry;
(GG) rubber;
(HH) manufactured stone; and
(II) any other non-ferrous metals; and
(cc) any unmanufactured construction material.
(II) Produced in the united states.--
(aa) In general.--The term ``produced in the United
States''--
(AA) with respect to an iron or steel product or an iron or
steel manufactured product, means that all manufacturing
processes for, and materials and components of, the iron or
steel product or iron or steel manufactured product, from the
initial melting stage through the application of coatings,
occurred in the United States; and
(BB) with respect to an iron or steel manufactured product,
means that--
(CC) the iron or steel manufactured product was
manufactured in the United States; and
(DD) the cost of the components of the iron or steel
manufactured product that were mined, produced, or
manufactured in the United States is greater than 60 percent
of the total cost of the components of the iron or steel
manufactured product.
(bb) Exclusions.--The term ``produced in the United
States'', with respect to an iron or steel product or an iron
or steel manufactured product, does not include an iron or
steel product or an iron or steel manufactured product the
materials and components of which were manufactured--
(AA) abroad from semi-finished steel or iron from the
United States; or
(BB) in the United States from semi-finished steel or iron
of foreign origin.
(ii) Requirement.--Funds made available under the program
may not be used for a project unless all of the iron and
steel products and iron and steel manufactured products used
in the project are produced in the United States.
(iii) Waiver.--
(I) In general.--On request of the recipient of a grant
under the program, the Secretary may grant for the project of
the recipient of the grant a waiver of the requirement
described in clause (ii) if the Secretary finds that--
(aa) the application of clause (ii) would be inconsistent
with the public interest;
(bb) iron or steel products or iron or steel manufactured
products are not produced in the United States--
(AA) in sufficient and reasonably available quantities; or
(BB) of a satisfactory quality; or
(cc) the inclusion of iron or steel products or iron or
steel manufactured products produced in the United States
would increase the cost of the overall project by greater
than 25 percent.
(II) Public notice.--On receipt of a request for a waiver
under subclause (I), the Secretary shall--
(aa) make available to the public, including by electronic
means, including on the official public website of the
Department, on an informal basis, a copy of the request and
all information available to the Secretary relating to the
request; and
(bb) provide for informal public input on the request for a
period of not fewer than 15 days before making with respect
to the request the finding described in subclause (I).
[[Page S1342]]
(F) Reporting requirements.--
(i) In general.--Each program manager shall--
(I) determine what data shall be required--
(aa) to be collected by or from each small- or medium-sized
manufacturer receiving a subgrant under subparagraph (C); and
(bb) to be submitted to the program manager to permit
analysis of the subgrant program under subparagraph (C); and
(II) develop metrics to determine the success of the
subgrant program under subparagraph (C).
(ii) Provision of data.--As a condition of receiving a
subgrant under subparagraph (C), a small- or medium-sized
manufacturer shall provide to the program manager relevant
data, as determined by the program manager under clause
(i)(I).
(iii) Proprietary information.--In carrying out this
paragraph, each program manager, as appropriate, shall
provide for the protection of proprietary information and
intellectual property rights.
(G) Funding.--
(i) In general.--Out of amounts made available to the
Secretary and not otherwise obligated, the Secretary shall
use to carry out this paragraph not more than $600,000,000.
(ii) Requirements for program managers.--A program manager
shall use not greater than 7 percent of the grant funds
received by the program manager, at the discretion of the
program manager--
(I) to hire and train staff to assist the program manager
in administering the subgrant program of the program manager;
and
(II) to market the subgrant program to small- and medium-
sized manufacturers.
(iii) Management and oversight.--The Secretary may use not
greater than 0.25 percent of the funds made available under
clause (i) to carry out subparagraph (E).
(g) Incentives for Innovative Technologies.--Section
1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b))
is amended--
(1) by redesignating paragraphs (1) through (10) as
subparagraphs (A) through (J), respectively, and indenting
appropriately;
(2) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``Projects'' and inserting the
following:
``(1) In general.--Projects''; and
(3) by adding at the end the following:
``(2) Priority.--In making guarantees under this section,
the Secretary shall give priority to projects proposed by
applicants that commit to hiring contractors that have been
certified by the Secretary of Labor under section 2307(a) of
the American Energy Innovation Act of 2020 as being in
compliance with all of the applicable requirements under that
section.''.
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