42 U.S.C. § 18744 — 21st Century Energy Workforce Advisory

Page 9221 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18744 3 So in original. Probably should be followed by a period. and trade with allies and partners of the United States; (E) evaluate and provide recommendations to incentivize the development and use of advances in science and technology in the private industry; (F) assess the need for, and make rec- ommendations to address, the challenges the United States critical minerals supply chain workforce faces, including— (i) aging and retiring personnel and fac- ulty; (ii) public perceptions about the nature of mining and mineral processing; and (iii) foreign competition for United States talent; (G) develop, and update as necessary, a strategic plan to guide Federal programs and activities to enhance— (i) scientific and technical capabilities across critical mineral supply chains, in- cluding a roadmap that identifies key re- search and development needs and coordi- nates ongoing activities for source diver- sification, more efficient use, recycling, and substitution for critical minerals; and (ii) cross-cutting mining science, data science techniques, materials science, manufacturing science and engineering, computational modeling, and environ- mental health and safety research and de- velopment; and (H) report to the appropriate committees of Congress on activities and findings under this subsection. (4) Mandatory responsibilities In carrying out paragraphs (1) and (2), the Subcommittee shall, taking into account the findings and recommendations of relevant ad- visory committees, identify and evaluate Fed- eral policies and regulations that restrict the mining of critical minerals. (d) Grant program for processing of critical min- erals and development of critical minerals and metals (1) Establishment The Secretary, in consultation with the Di- rector, the Secretary of the Interior, and the Secretary of Commerce, shall establish a grant program to finance pilot projects for— (A) the processing or recycling of critical minerals in the United States; or (B) the development of critical minerals and metals in the United States 3 (2) Limitation on grant awards A grant awarded under paragraph (1) may not exceed $10,000,000. (3) Economic viability In awarding grants under paragraph (1), the Secretary shall give priority to projects that the Secretary determines are likely to be eco- nomically viable over the long term. (4) Secondary recovery In awarding grants under paragraph (1), the Secretary shall seek to award not less than 30 percent of the total amount of grants awarded during the fiscal year for projects relating to secondary recovery of critical minerals and metals. (5) Domestic priority In awarding grants for the development of critical minerals and metals under paragraph (1)(B), the Secretary shall prioritize pilot projects that will process the critical minerals and metals domestically. (6) Prohibition on processing by foreign entity of concern In awarding grants under paragraph (1), the Secretary shall ensure that pilot projects do not export for processing any critical minerals and metals to a foreign entity of concern. (7) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the grant program es- tablished under paragraph (1) $100,000,000 for each of fiscal years 2021 through 2024. (Pub. L. 117–58, div. D, title II, § 40210, Nov. 15, 2021, 135 Stat. 978.) Editorial Notes REFERENCES IN TEXT Section 2533c(d) of title 10, referred to subsec. (a)(5)(C), was renumbered section 4872(d) of title 10 by Pub. L. 116–283, div. A, title XVIII, § 1870(d)(2), Jan. 1, 2021, 134 Stat. 4286, as amended by Pub. L. 117–81, div. A, title XVII, § 1701(t)(2)(B), (C), Dec. 27, 2021, 135 Stat. 2150. The Arms Export Control Act, referred to in subsec. (a)(5)(D)(iv), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables. The Export Control Reform Act of 2018, referred to in subsec. (a)(5)(D)(vi), is subtitle B (§§ 1741–1781) of title XVII of div. A of Pub. L. 115–232, Aug. 13, 2018, 132 Stat. 2208, which is classified principally to chapter 58 (§ 4801 et seq.) of Title 50, War and National Defense. For com- plete classification of this Act to the Code, see Short Title note set out under section 4801 of Title 50 and Ta- bles. The International Emergency Economic Powers Act, referred to in subsec. (a)(5)(D)(vii), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 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. § 18744. 21st Century Energy Workforce Advisory Board (a) Establishment The Secretary shall establish a board, to be known as the ‘‘21st Century Energy Workforce Advisory Board’’, to develop a strategy for the Page 9222 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18744 Department that, with respect to the role of the Department in the support and development of a skilled energy workforce— (1) meets the current and future industry and labor needs of the energy sector; (2) provides opportunities for students to be- come qualified for placement in traditional energy sector and emerging energy sector jobs; (3) identifies areas in which the Department can effectively utilize the technical expertise of the Department to support the workforce activities of other Federal agencies; (4) strengthens and engages the workforce training programs of the Department and the National Laboratories in carrying out the Eq- uity in Energy Initiative of the Department and other Department workforce priorities; (5) develops plans to support and retrain dis- placed and unemployed energy sector workers; and (6) prioritizes education and job training for underrepresented groups, including racial and ethnic minorities, Indian Tribes, women, vet- erans, and socioeconomically disadvantaged individuals. (b) Membership (1) In general The Board shall be composed of not fewer than 10 and not more than 15 members, with the initial members of the Board to be ap- pointed by the Secretary not later than 1 year after November 15, 2021. (2) Requirement The Board shall include not fewer than 1 rep- resentative of a labor organization with sig- nificant energy experience who has been nomi- nated by a national labor federation. (3) Qualifications Each individual appointed to the Board under paragraph (1) shall have expertise in— (A) the field of economics or workforce de- velopment; (B) relevant traditional energy industries or emerging energy industries, including en- ergy efficiency; (C) secondary or postsecondary education; (D) energy workforce development or ap- prenticeship programs of States or units of local government; (E) relevant organized labor organizations; or (F) bringing underrepresented groups, in- cluding racial and ethnic minorities, women, veterans, and socioeconomically disadvan- taged individuals, into the workforce. (c) Advisory Board review and recommendations (1) Determination by Board In developing the strategy required under subsection (a), the Board shall— (A) determine whether there are opportu- nities to more effectively and efficiently use the capabilities of the Department in the de- velopment of a skilled energy workforce; (B) identify ways in which the Department could work with other relevant Federal agencies, States, units of local government, institutions of higher education, labor orga- nizations, Indian Tribes and tribal organiza- tions, and industry in the development of a skilled energy workforce, subject to applica- ble law; (C) identify ways in which the Department and National Laboratories can— (i) increase outreach to minority-serving institutions; and (ii) make resources available to increase the number of skilled minorities and women trained to go into the energy and energy-related manufacturing sectors; (iii) increase outreach to displaced and unemployed energy sector workers; and (iv) make resources available to provide training to displaced and unemployed en- ergy sector workers to reenter the energy workforce; and (D)(i) identify the energy sectors in great- est need of workforce training; and (ii) in consultation with the Secretary of Labor, develop recommendations for the skills necessary to develop a workforce trained to work in those energy sectors. (2) Required analysis In developing the strategy required under subsection (a), the Board shall analyze the ef- fectiveness of— (A) existing Department-directed support; and (B) existing energy workforce training pro- grams. (3) Report (A) In general Not later than 1 year after the date on which the Board is established under this section, and biennially thereafter until the date on which the Board is terminated under subsection (f), the Board shall submit to the Secretary a report containing, with respect to the strategy required under subsection (a)— (i) the findings of the Board; and (ii) the proposed energy workforce strat- egy of the Board. (B) Response of the Secretary Not later than 90 days after the date on which a report is submitted to the Secretary under subparagraph (A), the Secretary shall— (i) submit to the Board a response to the report that— (I) describes whether the Secretary ap- proves or disapproves of each rec- ommendation of the Board under sub- paragraph (A); and (II) if the Secretary approves of a rec- ommendation, provides an implementa- tion plan for the recommendation; and (ii) submit to Congress— (I) the report of the Board under sub- paragraph (A); and (II) the response of the Secretary under clause (i). (C) Public availability of report (i) In general The Board shall make each report under subparagraph (A) available to the public on the earlier of— Page 9223 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18751 (I) the date on which the Board re- ceives the response of the Secretary under subparagraph (B)(i); and (II) the date that is 90 days after the date on which the Board submitted the report to the Secretary. (ii) Requirement If the Board has received a response to a report from the Secretary under subpara- graph (B)(i), the Board shall make that re- sponse publicly available with the applica- ble report. (d) Report by the Secretary Not later than 180 days before the date of expi- ration of a term of the Board under subsection (f), the Secretary shall submit to the Commit- tees on Energy and Natural Resources and Ap- propriations of the Senate and the Committees on Energy and Commerce and Appropriations of the House of Representatives a report that— (1) describes the effectiveness and accom- plishments of the Board during the applicable term; (2) contains a determination of the Sec- retary as to whether the Board should be re- newed; and (3) if the Secretary determines that the Board should be renewed, any recommenda- tions as to whether and how the scope and functions of the Board should be modified. (e) Outreach to minority-serving institutions, veterans, and displaced and unemployed en- ergy workers In developing the strategy under subsection (a), the Board shall— (1) give special consideration to increasing outreach to minority-serving institutions, vet- erans, and displaced and unemployed energy workers; (2) make resources available to— (A) minority-serving institutions, with the objective of increasing the number of skilled minorities and women trained to go into the energy and manufacturing sectors; (B) institutions that serve veterans, with the objective of increasing the number vet- erans in the energy industry by ensuring that veterans have the credentials and train- ing necessary to secure careers in the energy industry; and (C) institutions that serve displaced and unemployed energy workers to increase the number of individuals trained for jobs in the energy industry; (3) encourage the energy industry to im- prove the opportunities for students of minor- ity-serving institutions, veterans, and dis- placed and unemployed energy workers to par- ticipate in internships, preapprenticeships, ap- prenticeships, and cooperative work-study programs in the energy industry; and (4) work with the National Laboratories to increase the participation of underrepresented groups, veterans, and displaced and unem- ployed energy workers in internships, fellow- ships, training programs, and employment at the National Laboratories. (f) Term (1) In general Subject to paragraph (2), the Board shall ter- minate on September 30, 2026. (2) Extensions The Secretary may renew the Board for 1 or more 5-year periods by submitting, not later than the date described in subsection (d), a re- port described in that subsection that contains a determination by the Secretary that the Board should be renewed. (Pub. L. 117–58, div. D, title II, § 40211, Nov. 15, 2021, 135 Stat. 983.) 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. SUBCHAPTER III—FUELS AND TECH- NOLOGY INFRASTRUCTURE INVEST- MENTS PART A—NUCLEAR ENERGY INFRASTRUCTURE § 18751. Infrastructure planning for micro and small modular nuclear reactors (a) Definitions In this section: (1) Advanced nuclear reactor The term ‘‘advanced nuclear reactor’’ has the meaning given the term in section 16271(b) of this title. (2) Isolated community The term ‘‘isolated community’’ has the meaning given the term in section 17392(a) of this title. (3) Micro-reactor The term ‘‘micro-reactor’’ means an ad- vanced nuclear reactor that has an electric power production capacity that is not greater than 50 megawatts. (4) National Laboratory The term ‘‘National Laboratory’’ has the meaning given the term in section 15801 of this title. (5) Small modular reactor The term ‘‘small modular reactor’’ means an advanced nuclear reactor— (A) with a rated capacity of less than 300 electrical megawatts; and (B) that can be constructed and operated in combination with similar reactors at a single site. (b) Report Not later than 180 days after November 15, 2021, the Secretary shall submit to the Com- mittee on Energy and Natural Resources of the Senate and the Committees on Energy and Com- merce and Science, Space, and Technology of the House of Representatives a report that de-