42 U.S.C. § 17113 — Industrial emissions reduction tech-

Page 8973 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17113 (C) an evaluation of the impact of the com- bination of cloud platforms, mobile devices, social media, and big data on data center en- ergy usage; (D) an evaluation of water usage in data centers and recommendations for reductions in that water usage; and (E) updated projections and recommenda- tions for best practices through fiscal year 2025. (f) Data center energy practitioner program (1) In general The Secretary, in collaboration with key stakeholders and the Director of the Office of Management and Budget, shall maintain a data center energy practitioner program that provides for the certification of energy practi- tioners qualified to evaluate the energy usage and efficiency opportunities in federally owned and operated data centers. (2) Evaluations Each Federal agency shall consider having the data centers of the agency evaluated once every 4 years by energy practitioners certified pursuant to the program, whenever prac- ticable using certified practitioners employed by the agency. (g) Open data initiative (1) In general The Secretary, in collaboration with key stakeholders and the Director of the Office of Management and Budget, shall establish an open data initiative relating to energy usage at federally owned and operated data centers, with the purpose of making the data available and accessible in a manner that encourages further data center innovation, optimization, and consolidation. (2) Consideration In establishing the initiative under para- graph (1), the Secretary shall consider using the online Data Center Maturity Model. (h) International specifications and metrics The Secretary, in collaboration with key stakeholders, shall actively participate in ef- forts to harmonize global specifications and metrics for data center energy and water effi- ciency. (i) Data center utilization metric The Secretary, in collaboration with key stakeholders, shall facilitate in the development of an efficiency metric that measures the energy efficiency of a data center (including equipment and facilities). (j) Protection of proprietary information The Secretary and the Administrator shall not disclose any proprietary information or trade secrets provided by any individual or company for the purposes of carrying out this section or the programs and initiatives established under this section. (Pub. L. 110–140, title IV, § 453, Dec. 19, 2007, 121 Stat. 1637; Pub. L. 116–260, div. Z, title I, § 1003, Dec. 27, 2020, 134 Stat. 2426.) Editorial Notes REFERENCES IN TEXT The Energy Policy and Conservation Act, referred to in subsec. (b)(2)(D)(ii), is Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, which is classified principally to chapter 77 (§ 6201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables. Section 1 of Public Law 109–431 (120 Stat. 2920), re- ferred to in subsec. (e)(1), is section 1 of Pub. L. 109–431, Dec. 20, 2006, 120 Stat. 2920, which is not classified to the Code. AMENDMENTS 2020—Subsec. (b)(2)(D)(iv). Pub. L. 116–260, § 1003(1)(A), substituted ‘‘proposed by the stakeholders’’ for ‘‘deter- mined by the organization’’. Subsec. (b)(3). Pub. L. 116–260, § 1003(1)(B), struck out par. (3). Text read as follows: ‘‘The program described in paragraph (1) shall be developed in consultation with and coordinated by the organization described in sub- section (c) according to commonly accepted procedures for the development of specifications, measurements, and benchmarks.’’ Subsecs. (c) to (j). Pub. L. 116–260, § 1003(2), added sub- secs. (c) to (j) and struck out former subsecs. (c) to (g) which related to consultation with a data center effi- ciency organization to coordinate the voluntary na- tional information program, including the require- ments of such coordination, measurements and speci- fications, monitoring, alternate systems, and protec- tion of propriety information. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. § 17113. Industrial emissions reduction tech- nology development program (a) Definitions In this section: (1) Director The term ‘‘Director’’ means the Director of the Office of Science and Technology Policy. (2) Eligible entity The term ‘‘eligible entity’’ means— (A) a scientist or other individual with knowledge and expertise in emissions reduc- tion; (B) an institution of higher education; (C) a nongovernmental organization; (D) a National Laboratory; (E) a private entity; and (F) a partnership or consortium of 2 or more entities described in subparagraphs (B) through (E). (3) Emissions reduction (A) In general The term ‘‘emissions reduction’’ means the reduction, to the maximum extent prac- ticable, of net nonwater greenhouse gas emissions to the atmosphere by energy serv- ices and industrial processes. (B) Exclusion The term ‘‘emissions reduction’’ does not include the elimination of carbon embodied in the principal products of industrial manu- facturing. Page 8974 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17113 1 So in original. (4) Program The term ‘‘program’’ means the program es- tablished under subsection (b)(1). (5) Critical material or mineral The term ‘‘critical material or mineral’’ means a material or mineral that serves an es- sential function in the manufacturing of a product and has a high risk of a supply disrup- tion, such that a shortage of such a material or mineral would have significant con- sequences for United States economic or na- tional security. (b) Industrial emissions reduction technology de- velopment program (1) In general Not later than 1 year after December 27, 2020, the Secretary, in consultation with the Director, the heads of relevant Federal agen- cies, National Laboratories, industry, and in- stitutions of higher education, shall establish a crosscutting industrial emissions reduction technology development program of research, development, demonstration, and commercial application to advance innovative tech- nologies that— (A) increase the technological and eco- nomic competitiveness of industry and man- ufacturing in the United States; (B) increase the viability and competitive- ness of United States industrial technology exports; and (C) achieve emissions reduction in nonpower industrial sectors. (2) Coordination In carrying out the program, the Secretary shall— (A) coordinate with each relevant office in the Department and any other Federal agen- cy; (B) coordinate and collaborate with the In- dustrial Technology Innovation Advisory Committee established under section 17115 of this title; and (C) coordinate and seek to avoid duplica- tion with the Future of Industry 1 program established under section 17111 of this title. (3) Leverage of existing resources In carrying out the program, the Secretary shall leverage, to the maximum extent prac- ticable— (A) existing resources and programs of the Department and other relevant Federal agencies; and (B) public-private partnerships. (c) Focus areas The program shall focus on— (1) industrial production processes, including technologies and processes that— (A) achieve emissions reduction in high emissions industrial materials production processes, including production processes for iron, steel, steel mill products, aluminum, cement, concrete, glass, pulp, paper, and in- dustrial ceramics; (B) achieve emissions reduction in medium- and high-temperature heat genera- tion, including— (i) through electrification of heating processes; (ii) through renewable heat generation technology; (iii) through combined heat and power; and (iv) by switching to alternative fuels, in- cluding hydrogen and nuclear energy; (C) achieve emissions reduction in chem- ical production processes, including by in- corporating, if appropriate and practicable, principles, practices, and methodologies of sustainable chemistry and engineering; (D) leverage smart manufacturing tech- nologies and principles, digital manufac- turing technologies, and advanced data ana- lytics to develop advanced technologies and practices in information, automation, moni- toring, computation, sensing, modeling, and networking to— (i) model and simulate manufacturing production lines; (ii) monitor and communicate produc- tion line status; (iii) manage and optimize energy produc- tivity and cost throughout production; and (iv) model, simulate, and optimize the energy efficiency of manufacturing proc- esses; (E) leverage the principles of sustainable manufacturing to minimize the potential negative environmental impacts of manufac- turing while conserving energy and re- sources, including— (i) by designing products that enable reuse, refurbishment, remanufacturing, and recycling; (ii) by minimizing waste from industrial processes, including through the reuse of waste as other resources in other indus- trial processes for mutual benefit; and (iii) by increasing resource efficiency; and (F) increase the energy efficiency of indus- trial processes; (2) alternative materials that produce fewer emissions during production and result in fewer emissions during use, including— (A) high-performance lightweight mate- rials; and (B) substitutions for critical materials and minerals; (3) development of net-zero emissions liquid and gaseous fuels; (4) emissions reduction in shipping, aviation, and long distance transportation; (5) carbon capture technologies for indus- trial processes; (6) other technologies that achieve net-zero emissions in nonpower industrial sectors, as determined by the Secretary, in consultation with the Director; and (7) high-performance computing to develop advanced materials and manufacturing proc- esses contributing to the focus areas described in paragraphs (1) through (6), including— (A) modeling, simulation, and optimiza- tion of the design of energy efficient and sustainable products; and Page 8975 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17113a (B) the use of digital prototyping and addi- tive manufacturing to enhance product de- sign. (8) incorporation of sustainable chemistry and engineering principles, practices, and methodologies, as the Secretary determines appropriate; and (9) other research or technology areas iden- tified in the Strategic Plan authorized in sec- tion 17114 of this title. (d) Grants, contracts, cooperative agreements, and demonstration projects (1) Grants In carrying out the program, the Secretary shall award grants on a competitive basis to eligible entities for projects that the Sec- retary determines would best achieve the goals of the program. (2) Contracts and cooperative agreements In carrying out the program, the Secretary may enter into contracts and cooperative agreements with eligible entities and Federal agencies for projects that the Secretary deter- mines would further the purposes of the pro- gram. (3) Demonstration projects In supporting technologies developed under this section, the Secretary shall fund dem- onstration projects that test and validate technologies described in subsection (c). (4) Application An entity seeking funding or a contract or agreement under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such informa- tion as the Secretary may require. (5) Cost sharing In awarding funds under this section, the Secretary shall require cost sharing in accord- ance with section 16352 of this title. (e) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out the demonstration projects authorized in subsection (d)(3)— (1) $20,000,000 for fiscal year 2021; (2) $80,000,000 for fiscal year 2022; (3) $100,000,000 for fiscal year 2023; (4) $150,000,000 for fiscal year 2024; and (5) $150,000,000 for fiscal year 2025. (f) Coordination The Secretary shall carry out the activities authorized in this section in accordance with section 18631 of this title. (Pub. L. 110–140, title IV, § 454, as added Pub. L. 116–260, div. Z, title VI, § 6003(a), Dec. 27, 2020, 134 Stat. 2553; amended Pub. L. 117–58, div. D, title V, § 40521(a)(2), Nov. 15, 2021, 135 Stat. 1062.) Editorial Notes AMENDMENTS 2021—Subsec. (b)(2)(C). Pub. L. 117–58 substituted ‘‘Fu- ture of Industry’’ for ‘‘energy-intensive industries’’. 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. PURPOSE Pub. L. 116–260, div. Z, title VI, § 6001, Dec. 27, 2020, 134 Stat. 2552, provided that: ‘‘The purpose of this title [en- acting this section and sections 17114 to 17115a of this title and amending section 6351 of this title] and the amendments made by this title is to encourage the de- velopment and evaluation of innovative technologies aimed at increasing— ‘‘(1) the technological and economic competitive- ness of industry and manufacturing in the United States; and ‘‘(2) the emissions reduction of nonpower industrial sectors.’’ § 17113a. Low-emissions steel manufacturing re- search program (a) Purpose The purpose of this section is to encourage the research and development of innovative tech- nologies aimed at— (1) increasing the technological and eco- nomic competitiveness of industry and manu- facturing in the United States; and (2) achieving significant net nonwater green- house emissions reductions in the production processes for iron, steel, and steel mill prod- ucts. (b) Definitions In this section: (1) Commercially available steelmaking The term ‘‘commercially available steelmaking’’ means the current production method of iron, steel, and steel mill products. (2) Critical material The term ‘‘critical material’’ has the mean- ing given such term in section 1606 of title 30. (3) Critical mineral The term ‘‘critical mineral’’ has the mean- ing given such term in section 1606 of title 30. (4) Eligible entity The term ‘‘eligible entity’’ means— (A) an institution of higher education; (B) an appropriate State or Federal entity, including a federally funded research and de- velopment center of the Department; (C) a nonprofit research institution; (D) a private entity; (E) any other relevant entity the Sec- retary determines appropriate; and (F) a partnership or consortium of two or more entities described in subparagraphs (A) through (E). (5) Institution of higher education The term ‘‘institution of higher education’’ has the meaning given the term in section 1001 of title 20. (6) Low-emissions steel manufacturing The term ‘‘low-emissions steel manufac- turing’’ means advanced or commercially available steelmaking with the reduction, to the maximum extent practicable, of net nonwater greenhouse gas emissions to the at-