42 U.S.C. § 16411 — Workforce trends and traineeship grants

Page 8894 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16411 nection with participation in a competi- tion under this subsection; and (II) the Federal Government for dam- age or loss to Government property re- sulting from such an activity. (ii) Federal Government insured The Federal Government shall be named as an additional insured under a registered participant’s insurance policy required under clause (i)(I), and registered partici- pants shall be required to agree to indem- nify the Federal Government against third party claims for damages arising from or related to competition activities under this subsection. (6) Report to Congress Not later than 60 days after the awarding of the first prize under this subsection, and annu- ally thereafter, the Secretary shall transmit to the Congress a report that— (A) identifies each award recipient; (B) describes the technologies developed by each award recipient; and (C) specifies actions being taken toward commercial application of all technologies with respect to which a prize has been awarded under this subsection. (7) Authorization of appropriations (A) In general (i) Awards There are authorized to be appropriated to the Secretary for the period encom- passing fiscal years 2008 through 2017 for carrying out this subsection— (I) $20,000,000 for awards described in paragraph (2)(A)(i); (II) $20,000,000 for awards described in paragraph (2)(A)(ii); and (III) $10,000,000 for the award described in paragraph (2)(A)(iii). (ii) Administration In addition to the amounts authorized in clause (i), there are authorized to be ap- propriated to the Secretary for each of fis- cal years 2008 and 2009 $2,000,000 for the ad- ministrative costs of carrying out this sub- section. (B) Carryover of funds Funds appropriated for prize awards under this subsection shall remain available until expended, and may be transferred, repro- grammed, or expended for other purposes only after the expiration of 10 fiscal years after the fiscal year for which the funds were originally appropriated. No provision in this subsection permits obligation or payment of funds in violation of section 1341 of title 31 (commonly referred to as the Anti-Defi- ciency Act). (8) Nonsubstitution The programs created under this subsection shall not be considered a substitute for Fed- eral research and development programs. (h) Report In accordance with section 16391a of this title, the Secretary shall report annually on a descrip- tion of any prize competitions carried out using the authority under this section, the total amount of prizes awarded along with any private sector contributions, the methods used for solic- itation and evaluation, and a description of how each prize competition advanced the mission of the Department. (Pub. L. 109–58, title X, § 1008, Aug. 8, 2005, 119 Stat. 933; Pub. L. 110–140, title VI, § 654, Dec. 19, 2007, 121 Stat. 1695; Pub. L. 116–260, div. Z, title IX, § 9004, Dec. 27, 2020, 134 Stat. 2598; Pub. L. 117–167, div. B, title VI, § 10724, Aug. 9, 2022, 136 Stat. 1709.) Editorial Notes REFERENCES IN TEXT Section 105 of the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Edu- cation, and Science Reauthorization Act of 2010, re- ferred to in subsec. (e), is section 105 of Pub. L. 111–358, title I, Jan. 4, 2011, 124 Stat. 3989, which enacted section 3719 of Title 15, Commerce and Trade, and amended sec- tion 20144 of Title 51, National and Commercial Space Programs. AMENDMENTS 2022—Subsec. (f). Pub. L. 117–167, § 10724(b), redesig- nated subsec. (e) relating to authorization of appropria- tions as (f). Subsec. (h). Pub. L. 117–167, § 10724(a), added subsec. (h). 2020—Subsec. (e). Pub. L. 116–260 added subsec. (e) re- lating to coordination. Subsecs. (f), (g). Pub. L. 116–260, which directed redes- ignation of subsecs. (f) and (g) as (g) and (h), respec- tively, was executed by redesignating subsec. (f) as (g), to reflect the probable intent of Congress. 2007—Subsec. (f). Pub. L. 110–140 added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. SUBCHAPTER XI—PERSONNEL AND TRAINING § 16411. Workforce trends and traineeship grants (a) Definitions In this section: (1) Energy technology industry The term ‘‘energy technology industry’’ in- cludes— (A) a renewable energy industry; (B) a company that develops or commer- cializes a device to increase energy effi- ciency; (C) the oil and gas industry; (D) the nuclear power industry; (E) the coal industry; (F) the electric utility industry; and (G) any other industrial sector, as the Sec- retary determines to be appropriate. (2) Skilled technical personnel The term ‘‘skilled technical personnel’’ means— (A) journey- and apprentice-level workers who are enrolled in, or have completed, a Page 8895 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16414 federally-recognized or State-recognized ap- prenticeship program; and (B) other skilled workers in energy tech- nology industries, as determined by the Sec- retary. (b) Workforce trends (1) Monitoring The Secretary, in consultation with, and using data collected by, the Secretary of Labor, shall monitor trends in the workforce of— (A) skilled technical personnel that sup- port energy technology industries; and (B) electric power and transmission engi- neers. (2) Report on trends Not later than 1 year after August 8, 2005, the Secretary shall submit to Congress a re- port on current trends under paragraph (1), with recommendations (as appropriate) to meet the future labor requirements for the en- ergy technology industries. (3) Report on shortage As soon as practicable after the date on which the Secretary identifies or predicts a significant national shortage of skilled tech- nical personnel in one or more energy tech- nology industries, the Secretary shall submit to Congress a report describing the shortage. (c) Traineeship grants for skilled technical per- sonnel The Secretary, in consultation with the Sec- retary of Labor, may establish programs in the appropriate offices of the Department under which the Secretary provides grants to enhance training (including distance learning) for any workforce category for which a shortage is iden- tified or predicted under subsection (b)(2). (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000 for each of fis- cal years 2006 through 2008. (Pub. L. 109–58, title XI, § 1101, Aug. 8, 2005, 119 Stat. 937.) § 16412. Training guidelines for nonnuclear elec- tric energy industry personnel (a) In general The Secretary of Labor, in consultation with the Secretary and in conjunction with the elec- tric industry and recognized employee rep- resentatives, shall develop model personnel training guidelines to support the reliability and safety of the nonnuclear electric system. (b) Requirements The training guidelines under subsection (a) shall, at a minimum— (1) include training requirements for work- ers engaged in the construction, operation, in- spection, or maintenance of nonnuclear elec- tric generation, transmission, or distribution systems, including requirements relating to— (A) competency; (B) certification; and (C) assessment, including— (i) initial and continuous evaluation of workers; (ii) recertification procedures; and (iii) methods for examining or testing the qualification of an individual who per- forms a covered task; and (2) consolidate training guidelines in exist- ence on the date on which the guidelines under subsection (a) are developed relating to the construction, operation, maintenance, and in- spection of nonnuclear electric generation, transmission, and distribution facilities, such as guidelines established by the National Elec- tric Safety Code and other industry consensus standards. (Pub. L. 109–58, title XI, § 1103, Aug. 8, 2005, 119 Stat. 939.) § 16413. National Center for Energy Management and Building Technologies The Secretary shall support the ongoing ac- tivities of and explore opportunities for expan- sion of the National Center for Energy Manage- ment and Building Technologies to carry out re- search, education, and training activities to fa- cilitate the improvement of energy efficiency, indoor environmental quality, and security of industrial, commercial, residential, and public buildings. (Pub. L. 109–58, title XI, § 1104, Aug. 8, 2005, 119 Stat. 939.) § 16414. National Power Plant Operations Tech- nology and Educational Center (a) Establishment The Secretary shall support the establishment of a National Power Plant Operations Tech- nology and Education Center (referred to in this section as the ‘‘Center’’), to address the need for training and educating certified operators and technicians for the electric power industry. (b) Location of Center The Secretary shall support the establishment of the Center at an institution of higher edu- cation that has— (1) expertise in providing degree programs in electric power generation, transmission, and distribution technologies; (2) expertise in providing onsite and Inter- net-based training; and (3) demonstrated responsiveness to work- force and training requirements in the electric power industry. (c) Training and continuing education (1) In general The Center shall provide training and con- tinuing education in electric power genera- tion, transmission, and distribution tech- nologies and operations. (2) Location The Center shall carry out training and edu- cation activities under paragraph (1)— (A) at the Center; and (B) through Internet-based information technologies that allow for learning at re- mote sites. (Pub. L. 109–58, title XI, § 1106, Aug. 8, 2005, 119 Stat. 940.)