42 U.S.C. § 17116 — Industrial research and assessment cen-

Page 8981 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17116 by the Secretary and other heads of relevant Federal agencies would— (A) facilitate quicker development, deploy- ment, and adoption of smart manufacturing technologies and processes; (B) result in greater energy efficiency and lower environmental impacts for all Amer- ican manufacturers; and (C) enhance competitiveness and strength- en the manufacturing sectors of the United States. (2) Inclusions Agency actions identified under paragraph (1) shall include— (A) an assessment of previous and current actions of the Department relating to smart manufacturing; (B) the establishment of voluntary inter- connection protocols and performance stand- ards; (C) the use of smart manufacturing to im- prove energy efficiency and reduce emissions in supply chains across multiple companies; (D) actions to increase cybersecurity in smart manufacturing infrastructure; (E) deployment of existing research re- sults; (F) the leveraging of existing high-per- formance computing infrastructure; and (G) consideration of the impact of smart manufacturing on existing manufacturing jobs and future manufacturing jobs. (c) Biennial revisions Not later than 2 years after the date on which the Secretary completes the plan under sub- section (a), and not less frequently than once every 2 years thereafter, the Secretary shall re- vise the plan to account for advancements in in- formation and communication technology and manufacturing needs. (d) Report Annually until the completion of the plan under subsection (a), the Secretary shall submit to Congress a report on the progress made in de- veloping the plan. (e) Definition In this section, the term ‘‘smart manufac- turing’’ means advanced technologies in infor- mation, automation, monitoring, computation, sensing, modeling, artificial intelligence, ana- lytics, and networking that— (1) digitally— (A) simulate manufacturing production lines; (B) operate computer-controlled manufac- turing equipment; (C) monitor and communicate production line status; and (D) manage and optimize energy produc- tivity and cost throughout production; (2) model, simulate, and optimize the energy efficiency of a factory building; (3) monitor and optimize building energy performance; (4) model, simulate, and optimize the design of energy efficient and sustainable products, including the use of digital prototyping and additive manufacturing to enhance product design; (5) connect manufactured products in net- works to monitor and optimize the perform- ance of the networks, including automated network operations; and (6) digitally connect the supply chain net- work. (Pub. L. 116–260, div. Z, title VI, § 6006, Dec. 27, 2020, 134 Stat. 2560.) Editorial Notes CODIFICATION Section was enacted as part of the Energy Act of 2020, and not as part of the Energy Independence and Secu- rity Act of 2007 which comprises this chapter. § 17116. Industrial research and assessment cen- ters (a) Definitions In this section: (1) Covered project The term ‘‘covered project’’ means a project— (A) that has been recommended in an en- ergy assessment described in paragraph (2)(A) conducted for an eligible entity; and (B) with respect to which the plant site of that eligible entity— (i) improves— (I) energy efficiency; (II) material efficiency; (III) cybersecurity; or (IV) productivity; or (ii) reduces— (I) waste production; (II) greenhouse gas emissions; or (III) nongreenhouse gas pollution. (2) Eligible entity The term ‘‘eligible entity’’ means a small- or medium-sized manufacturer that has had an energy assessment completed by— (A) an industrial research and assessment center; (B) a Department of Energy Combined Heat and Power Technical Assistance Part- nership jointly with an industrial research and assessment center; or (C) a third-party assessor that provides an assessment equivalent to an assessment de- scribed in subparagraph (A) or (B), as deter- mined by the Secretary. (3) Energy service provider The term ‘‘energy service provider’’ means— (A) any business providing technology or services to improve the energy efficiency, water efficiency, power factor, or load man- agement of a manufacturing site or other in- dustrial process in an energy-intensive in- dustry (as defined in section 17111(a) of this title); and (B) any utility operating under a utility energy service project. (4) Industrial research and assessment center The term ‘‘industrial research and assess- ment center’’ means— (A) an institution of higher education- based industrial research and assessment Page 8982 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17116 center that is funded by the Secretary under subsection (b); and (B) an industrial research and assessment center at a trade school, community college, or union training program that is funded by the Secretary under subsection (f). (5) Program The term ‘‘Program’’ means the program for implementation grants established under sub- section (i)(1). (6) Small- or medium-sized manufacturer The term ‘‘small- or medium-sized manufac- turer’’ means a manufacturing firm— (A) the gross annual sales of which are less than $100,000,000; (B) that has fewer than 500 employees at the plant site of the manufacturing firm; and (C) the annual energy bills of which total more than $100,000 but less than $3,500,000. (b) Institution of higher education-based indus- trial research and assessment centers (1) In general The Secretary shall provide funding to insti- tution of higher education-based industrial re- search and assessment centers. (2) Purpose The purpose of each institution of higher education-based industrial research and as- sessment center shall be— (A) to provide in-depth assessments of small- and medium-sized manufacturer plant sites to evaluate the facilities, services, and manufacturing operations of the plant sites; (B) to identify opportunities for opti- mizing energy efficiency and environmental performance, including implementation of— (i) smart manufacturing; (ii) energy management systems; (iii) sustainable manufacturing; (iv) information technology advance- ments for supply chain analysis, logistics, system monitoring, industrial and manu- facturing processes, and other purposes; and (v) waste management systems; (C) to promote applications of emerging concepts and technologies in small- and me- dium-sized manufacturers (including water and wastewater treatment facilities and fed- erally owned manufacturing facilities); (D) to promote research and development for the use of alternative energy sources to supply heat, power, and new feedstocks for energy-intensive industries; (E) to coordinate with appropriate Federal and State research offices; (F) to provide a clearinghouse for indus- trial process and energy efficiency technical assistance resources; and (G) to coordinate with State-accredited technical training centers and community colleges, while ensuring appropriate services to all regions of the United States. (c) Coordination To increase the value and capabilities of the industrial research and assessment centers, the centers shall— (1) coordinate with Manufacturing Extension Partnership Centers of the National Institute of Standards and Technology; (2) coordinate with the Federal Energy Man- agement Program and the Building Tech- nologies Office of the Department of Energy to provide building assessment services to manu- facturers; (3) increase partnerships with the National Laboratories of the Department of Energy to leverage the expertise, technologies, and re- search and development capabilities of the Na- tional Laboratories for national industrial and manufacturing needs; (4) increase partnerships with energy service providers and technology providers to leverage private sector expertise and accelerate deploy- ment of new and existing technologies and processes for energy efficiency, power factor, and load management; (5) identify opportunities for reducing green- house gas emissions and other air emissions; and (6) promote sustainable manufacturing prac- tices for small- and medium-sized manufactur- ers. (d) Outreach The Secretary shall provide funding for— (1) outreach activities by the industrial re- search and assessment centers to inform small- and medium-sized manufacturers of the information, technologies, and services avail- able; and (2) coordination activities by each industrial research and assessment center to leverage ef- forts with— (A) Federal, State, and Tribal efforts; (B) the efforts of utilities and energy serv- ice providers; (C) the efforts of regional energy efficiency organizations; and (D) the efforts of other industrial research and assessment centers. (e) Centers of Excellence (1) Establishment The Secretary shall establish a Center of Ex- cellence at not more than 5 of the highest-per- forming industrial research and assessment centers, as determined by the Secretary. (2) Duties A Center of Excellence shall coordinate with and advise the industrial research and assess- ment centers located in the region of the Cen- ter of Excellence, including— (A) by mentoring new directors and staff of the industrial research and assessment cen- ters with respect to— (i) the availability of resources; and (ii) best practices for carrying out as- sessments, including through the partici- pation of the staff of the Center of Excel- lence in assessments carried out by new in- dustrial research and assessment centers; (B) by providing training to staff and stu- dents at the industrial research and assess- ment centers on new technologies, practices, and tools to expand the scope and impact of the assessments carried out by the centers; Page 8983 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17116 (C) by assisting the industrial research and assessment centers with specialized tech- nical opportunities, including by providing a clearinghouse of available expertise and tools to assist the centers and clients of the centers in assessing and implementing those opportunities; (D) by identifying and coordinating with regional, State, local, Tribal, and utility en- ergy efficiency programs for the purpose of facilitating efforts by industrial research and assessment centers to connect industrial facilities receiving assessments from those centers with regional, State, local, and util- ity energy efficiency programs that could aid the industrial facilities in implementing any recommendations resulting from the as- sessments; (E) by facilitating coordination between the industrial research and assessment cen- ters and other Federal programs described in paragraphs (1) through (3) of subsection (c); and (F) by coordinating the outreach activities of the industrial research and assessment centers under subsection (d)(1). (3) Funding For each fiscal year, out of any amounts made available to carry out this section under subsection (j), the Secretary shall use not less than $500,000 to support each Center of Excel- lence. (f) Expansion of industrial research and assess- ment centers (1) In general The Secretary shall provide funding to es- tablish additional industrial research and as- sessment centers at trade schools, community colleges, and union training programs. (2) Purpose (A) In general Subject to subparagraph (B), to the max- imum extent practicable, an industrial re- search and assessment center established under paragraph (1) shall have the same pur- pose as an institution of higher education- based industrial research center that is funded by the Secretary under subsection (b)(1). (B) Consideration of capabilities In evaluating or establishing the purpose of an industrial research and assessment center established under paragraph (1), the Secretary shall take into consideration the varying capabilities of trade schools, com- munity colleges, and union training pro- grams. (g) Workforce training (1) Internships The Secretary shall pay the Federal share of associated internship programs under which students work with or for industries, manufac- turers, and energy service providers to imple- ment the recommendations of industrial re- search and assessment centers. (2) Apprenticeships The Secretary shall pay the Federal share of associated apprenticeship programs under which— (A) students work with or for industries, manufacturers, and energy service providers to implement the recommendations of indus- trial research and assessment centers; and (B) employees of facilities that have re- ceived an assessment from an industrial re- search and assessment center work with or for an industrial research and assessment center to gain knowledge on engineering practices and processes to improve produc- tivity and energy savings. (3) Federal share The Federal share of the cost of carrying out internship programs described in paragraph (1) and apprenticeship programs described in paragraph (2) shall be 50 percent. (h) Small business loans The Administrator of the Small Business Ad- ministration shall, to the maximum extent practicable, expedite consideration of applica- tions from eligible small business concerns for loans under the Small Business Act (15 U.S.C. 631 et seq.) to implement recommendations de- veloped by the industrial research and assess- ment centers. (i) Implementation grants (1) In general The Secretary shall establish a program under which the Secretary shall provide grants to eligible entities to implement cov- ered projects. (2) Application An eligible entity seeking a grant under the Program shall submit to the Secretary an ap- plication at such time, in such manner, and containing such information as the Secretary may require, including a demonstration of need for financial assistance to implement the proposed covered project. (3) Priority In awarding grants under the Program, the Secretary shall give priority to eligible enti- ties that— (A) have had an energy assessment com- pleted by an industrial research and assess- ment center; and (B) propose to carry out a covered project with a greater potential for— (i) energy efficiency gains; or (ii) greenhouse gas emissions reductions. (4) Grant amount (A) Maximum amount The amount of a grant provided to an eli- gible entity under the Program shall not ex- ceed $300,000. (B) Federal share A grant awarded under the Program for a covered project shall be in an amount that is not more than 50 percent of the cost of the covered project. (C) Supplement A grant received by an eligible entity under the Program shall supplement, not supplant, any private or State funds avail- able to the eligible entity to carry out the covered project. Page 8984 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17121 1 See References in Text note below. 2 So in original. A comma probably should appear. (j) Authorization of appropriations There are authorized to be appropriated to the Secretary for the period of fiscal years 2022 through 2026— (1) $150,000,000 to carry out subsections (a) through (h); and (2) $400,000,000 to carry out subsection (i). (Pub. L. 110–140, title IV, § 457, as added Pub. L. 117–58, div. D, title V, § 40521(b), Nov. 15, 2021, 135 Stat. 1062.) Editorial Notes REFERENCES IN TEXT The Small Business Act, referred to in subsec. (h), is Pub. L. 85–536, § 2(1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to chapter 14A (§ 631 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 631 of Title 15 and Tables. Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of this title. PART E—GENERAL PROVISIONS § 17121. Demonstration project (a) In general The Federal Director and the Commercial Di- rector shall establish guidelines to implement a demonstration project to contribute to the re- search goals of the Office of Commercial High- Performance Green Buildings and the Office of Federal High-Performance Green Buildings. (b) Projects In accordance with guidelines established by the Federal Director and the Commercial Direc- tor under subsection (a) and the duties of the Federal Director and the Commercial Director described in this title,1 the Federal Director or the Commercial Director shall carry out— (1) for each of fiscal years 2009 through 2014, 1 demonstration project per year of green fea- tures in a Federal building selected by the Federal Director in accordance with relevant agencies and described in subsection (c)(1), that— (A) provides for instrumentation, moni- toring, and data collection related to the green features, for study of the impact of the features on overall energy use and oper- ational costs, and for the evaluation of the information obtained through the conduct of projects and activities under this title; 1 and (B) achieves the highest rating offered by the high performance green building system identified pursuant to section 17092(h) of this title; (2) no fewer than 4 demonstration projects at 4 universities, that, as competitively selected by the Commercial Director in accordance with subsection (c)(2), have— (A) appropriate research resources and rel- evant projects to meet the goals of the dem- onstration project established by the Office of Commercial High-Performance Green Buildings; and (B) the ability— (i) to serve as a model for high-perform- ance green building initiatives, including research and education 2 by achieving the highest rating offered by the high perform- ance green building system identified pur- suant to section 17092(h) of this title; (ii) to identify the most effective ways to use high-performance green building and landscape technologies to engage and edu- cate undergraduate and graduate students; (iii) to effectively implement a high-per- formance green building education pro- gram for students and occupants; (iv) to demonstrate the effectiveness of various high-performance technologies, in- cluding their impacts on energy use and operational costs, in each of the 4 climatic regions of the United States described in subsection (c)(2)(B); and (v) to explore quantifiable and nonquan- tifiable beneficial impacts on public health and employee and student performance; (3) demonstration projects to evaluate replicable approaches of achieving high per- formance in actual building operation in var- ious types of commercial buildings in various climates; and (4) deployment activities to disseminate in- formation on and encourage widespread adop- tion of technologies, practices, and policies to achieve zero-net-energy commercial buildings or low energy use and effective monitoring of energy use in commercial buildings. (c) Criteria (1) Federal facilities With respect to the existing or proposed Federal facility at which a demonstration project under this section is conducted, the Federal facility shall— (A) be an appropriate model for a project relating to— (i) the effectiveness of high-performance technologies; (ii) analysis of materials, components, systems, and emergency operations in the building, and the impact of those mate- rials, components, and systems, including the impact on the health of building occu- pants; (iii) life-cycle costing and life-cycle as- sessment of building materials and sys- tems; and (iv) location and design that promote ac- cess to the Federal facility through walk- ing, biking, and mass transit; and (B) possess sufficient technological and or- ganizational adaptability. (2) Universities With respect to the 4 universities at which a demonstration project under this section is conducted—