42 U.S.C. § 18832 — Energy efficiency materials pilot pro-

Page 9247 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18832 (1) The extent of the disparity between the fiscal capacity of the eligible entity to carry out energy improvements at school facilities and the needs of the partnering local edu- cational agency for those energy improve- ments, including consideration of— (A) the current and historic ability of the partnering local educational agency to raise funds for construction, renovation, mod- ernization, and major repair projects for schools; (B) the ability of the partnering local edu- cational agency to issue bonds or receive other funds to support the current infra- structure needs of the partnering local edu- cational agency for schools; and (C) the bond rating of the partnering local educational agency. (2) The likelihood that the partnering local educational agency or eligible entity will maintain, in good condition, any school and school facility that is the subject of improve- ments. (3) The potential energy efficiency and safe- ty benefits from the proposed energy improve- ments. (f) Use of grant amounts (1) In general Except as provided in this subsection, an eli- gible entity receiving a grant under this sec- tion shall use the grant amounts only to make the energy improvements described in the ap- plication submitted by the eligible entity under subsection (c). (2) Operation and maintenance training An eligible entity receiving a grant under this section may use not more than 5 percent of the grant amounts for operation and main- tenance training for energy efficiency and re- newable energy improvements, such as main- tenance staff and teacher training, education, and preventative maintenance training. (3) Third-party investigation and analysis An eligible entity receiving a grant under this section may use a portion of the grant amounts for a third-party investigation and analysis of the energy improvements carried out by the eligible entity, such as energy au- dits and existing building commissioning. (4) Continuing education An eligible entity receiving a grant under this section may use not more than 3 percent of the grant amounts to develop a continuing education curriculum relating to energy im- provements. (g) Competition in contracting If an eligible entity receiving a grant under this section uses grant funds to carry out repair or renovation through a contract, the eligible entity shall be required to ensure that the con- tract process— (1) through full and open competition, en- sures the maximum practicable number of qualified bidders, including small, minority, and women-owned businesses; and (2) gives priority to businesses located in, or resources common to, the State or geo- graphical area in which the repair or renova- tion under the contract will be carried out. (h) Best practices The Secretary shall develop and publish guide- lines and best practices for activities carried out under this section. (i) Report by eligible entity An eligible entity receiving a grant under this section shall submit to the Secretary, at such time as the Secretary may require, a report de- scribing— (1) the use of the grant funds for energy im- provements; (2) the estimated cost savings realized by those energy improvements; (3) the results of any third-party investiga- tion and analysis conducted relating to those energy improvements; (4) the use of any utility programs and pub- lic benefit funds; and (5) the use of performance tracking for en- ergy improvements, such as— (A) the Energy Star program established under section 6294a of this title; or (B) the United States Green Building Council Leadership in Energy and Environ- mental Design (LEED) green building rating system for existing buildings. (j) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $500,000,000 for the period of fiscal years 2022 through 2026. (Pub. L. 117–58, div. D, title V, § 40541, Nov. 15, 2021, 135 Stat. 1071.) Editorial Notes REFERENCES IN TEXT The Internal Revenue Code of 1986, referred to in sub- sec. (a)(7), is classified generally to Title 26, Internal Revenue Code. The Richard B. Russell National School Lunch Act, referred to in subsec. (d)(1)(B)(i), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1751 of this title 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. § 18832. Energy efficiency materials pilot pro- gram (a) Definitions In this section: (1) Applicant The term ‘‘applicant’’ means a nonprofit or- ganization that applies for a grant under this section. (2) Energy-efficiency material (A) In general The term ‘‘energy-efficiency material’’ means a material (including a product, Page 9248 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18841 equipment, or system) the installation of which results in a reduction in use by a non- profit organization of energy or fuel. (B) Inclusions The term ‘‘energy-efficiency material’’ in- cludes— (i) a roof or lighting system or compo- nent of the system; (ii) a window; (iii) a door, including a security door; and (iv) a heating, ventilation, or air condi- tioning system or component of the sys- tem (including insulation and wiring and plumbing improvements needed to serve a more efficient system). (3) Nonprofit building The term ‘‘nonprofit building’’ means a building operated and owned by an organiza- tion that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (b) Establishment Not later than 1 year after November 15, 2021, the Secretary shall establish a pilot program to award grants for the purpose of providing non- profit buildings with energy-efficiency mate- rials. (c) Grants (1) In general The Secretary may award grants under the program established under subsection (b). (2) Application The Secretary may award a grant under paragraph (1) if an applicant submits to the Secretary an application at such time, in such form, and containing such information as the Secretary may prescribe. (3) Criteria for grant In determining whether to award a grant under paragraph (1), the Secretary shall apply performance-based criteria, which shall give priority to applicants based on— (A) the energy savings achieved; (B) the cost effectiveness of the use of en- ergy-efficiency materials; (C) an effective plan for evaluation, meas- urement, and verification of energy savings; and (D) the financial need of the applicant. (4) Limitation on individual grant amount Each grant awarded under this section shall not exceed $200,000. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for the period of fiscal years 2022 through 2026, to re- main available until expended. (Pub. L. 117–58, div. D, title V, § 40542, Nov. 15, 2021, 135 Stat. 1074.) Editorial Notes REFERENCES IN TEXT The Internal Revenue Code of 1986, referred to in sub- sec. (a)(3), is classified generally to Title 26, Internal Revenue Code. 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—MISCELLANEOUS § 18841. Survey, analysis, and report on employ- ment and demographics in the energy, en- ergy efficiency, and motor vehicle sectors of the United States (a) Energy Jobs Council (1) Establishment The Secretary shall establish a council, to be known as the ‘‘Energy Jobs Council’’ (re- ferred to in this section as the ‘‘Council’’). (2) Membership The Council shall be comprised of— (A) to be appointed by the Secretary— (i) 1 or more representatives of the En- ergy Information Administration; and (ii) 1 or more representatives of a State energy office that are serving as members of the State Energy Advisory Board estab- lished by section 6325(g) of this title; (B) to be appointed by the Secretary of Commerce— (i) 1 or more representatives of the De- partment of Commerce; and (ii) 1 or more representatives of the Bu- reau of the Census; (C) 1 or more representatives of the Bureau of Labor Statistics, to be appointed by the Secretary of Labor; and (D) 1 or more representatives of any other Federal agency the assistance of which is re- quired to carry out this section, as deter- mined by the Secretary, to be appointed by the head of the applicable agency. (b) Survey and analysis (1) In general The Council shall— (A) conduct a survey of employers in the energy, energy efficiency, and motor vehicle sectors of the economy of the United States; and (B) perform an analysis of the employment figures and demographics in those sectors, including the number of personnel in each sector who devote a substantial portion of working hours, as determined by the Sec- retary, to regulatory compliance matters. (2) Methodology In conducting the survey and analysis under paragraph (1), the Council shall employ a methodology that— (A) was approved in 2016 by the Office of Management and Budget for use in the docu- ment entitled ‘‘OMB Control Number 1910–5179’’; (B) uses a representative, stratified sam- pling of businesses in the United States; and (C) is designed to elicit a comparable num- ber of responses from businesses in each