42 U.S.C. § 17115a — Development of national smart manu-

Page 8980 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17115 3 See References in Text note below. 1 So in original. (J) an assessment of the extent to which progress has been made under the program in developing commercial, cost-competitive technologies in each focus area described in section 17113(c) of this title; and (K) an assessment of the effectiveness of the program in coordinating efforts within the Department and with other Federal agencies to achieve the purposes of the pro- gram. (g) Report to Congress Not later than 60 days after receiving a report from the Committee under subsection (f), the Secretary shall submit a copy of that report to the Committees on Appropriations and Science, Space, and Technology of the House of Rep- resentatives, the Committees on Appropriations and Energy and Natural Resources of the Sen- ate, and any other relevant Committee of Con- gress. (h) Applicability of Federal Advisory Committee Act Except as otherwise provided in this section, the Federal Advisory Committee Act (5 U.S.C. App.) 3 shall apply to the Committee. (Pub. L. 110–140, title IV, § 455, as added Pub. L. 116–260, div. Z, title VI, § 6004(a), Dec. 27, 2020, 134 Stat. 2556.) Editorial Notes REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in subsec. (h), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Govern- ment Organization and Employees, and was substan- tially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table pre- ceding section 101 of Title 5. § 17115. Technical assistance program to imple- ment industrial emissions reduction (a) Definitions In this section: (1) Eligible entity The term ‘‘eligible entity’’ means— (A) a State; (B) a unit of local government; (C) a territory or possession of the United States; (D) a relevant State or local office, includ- ing an energy office; (E) a tribal organization (as defined in sec- tion 3765 of title 38); (F) an institution of higher education; and 1 (G) a private entity; and (H) a trade association or technical soci- ety. (2) Emissions reduction The term ‘‘emissions reduction’’ has the meaning given the term in section 17113(a) of this title. (3) Program The term ‘‘program’’ means the program es- tablished under subsection (b). (b) Establishment Not later than 1 year after December 27, 2020, the Secretary shall establish a program to pro- vide technical assistance to eligible entities to promote the commercial application of emission reduction technologies developed through the program established in section 17113(b) of this title. (c) Applications (1) In general An eligible entity desiring technical assist- ance under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Application process The Secretary shall seek applications for technical assistance under the program on a periodic basis, but not less frequently than once every 12 months. (3) Factors for consideration In selecting eligible entities for technical as- sistance under the program, the Secretary shall, to the maximum extent practicable— (A) give priority to— (i) activities carried out with technical assistance under the program that have the greatest potential for achieving emis- sions reduction in nonpower industrial sec- tors; (ii) activities carried out in a State in which there are active or inactive indus- trial facilities that may be used or retro- fitted to carry out activities under the focus areas described in section 17113(c) of this title; and (iii) activities carried out in an economi- cally distressed area (as described in sec- tion 3161(a) of this title); and (B) ensure that— (i) there is geographic diversity among the eligible entities selected; and (ii) the activities carried out with tech- nical assistance under the program reflect a majority of the focus areas described in section 17113(c) of this title. (Pub. L. 110–140, title IV, § 456, as added Pub. L. 116–260, div. Z, title VI, § 6005(a), Dec. 27, 2020, 134 Stat. 2559.) § 17115a. Development of national smart manu- facturing plan (a) In general Not later than 3 years after December 27, 2020, the Secretary of Energy (in this section referred to as the ‘‘Secretary’’), in consultation with the National Academies, shall develop and complete a national plan for smart manufacturing tech- nology development and deployment to improve the productivity and energy efficiency of the manufacturing sector of the United States. (b) Content (1) In general The plan developed under subsection (a) shall identify areas in which agency actions 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