,,ii #aafth ,,congress #ast ,session ,s4 #bahe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ah1 #bjai ,mr4 ,merkley 7for himself1 ,mrs4 ,gillibrand1 ,mr4 ,blumenthal1 ,ms4 ,smith1 ,mr4 ,booker1 ,ms4 ,harris1 ,ms4 ,stabenow1 ,mr4 ,brown1 ,ms4 ,hirono1 ,mr4 ,schatz1 and ,mr4 ,bennet7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to provide labor standards for certain energy jobs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,good ,jobs for #bast ,century ,energy ,act4 #b4 ,department of ,labor certification of qualified entities 7a7 ,definitions ,in this section3 7#a7 ,applicable construction project ,the term applicable construction project1 with respect to an entity1 means construction by the entity of any property described in section #de,l1 #dh;,d1 or #agi;,d of the ,internal ,revenue ,code of #aihf4 7#b7 ,covered project labor agreement ,the term covered project labor agreement means a project labor agreement that-- 7,a7 binds all contractors and subcontractors on the construction project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents2 7,b7 allows all contractors and subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise a party to a collective bargaining agreement2 7,c7 contains guarantees against strikes1 lockouts1 and other similar job disruptions2 7,d7 sets forth effective1 prompt1 and mutually binding procedures for resolving labor disputes arising during the covered project labor agreement2 and 7,e7 provides other mechanisms for labor-management cooperation on matters of mutual interest and concern1 including productivity1 quality of work1 safety1 and health4 7#c7 ,project labor agreement ,the term project labor agreement means a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is described in section #h7;f7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;f774 7#d7 ,qualified entity ,the term qualified entity means an entity that the ,secretary of ,labor certifies as a qualified entity in accordance with subsection 7b74 7#e7 ,registered apprenticeship program ,the term registered apprenticeship program has the meaning given the term in section #aga of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbf74 7b7 ,certification of qualified entities 7#a7 ,in general ,the ,secretary of ,labor shall establish a process for certifying entities that submit an application under paragraph 7#b7 as qualified entities for purposes of the amendments made by sections #c1 #d1 and #e4 7#b7 ,application process 7,a7 ,in general ,an entity seeking certification as a qualified entity under this subsection shall submit an application to the ,secretary of ,labor at such time1 in such manner1 and containing such information as the ,secretary may reasonably require1 including information to demonstrate compliance with the requirements under paragraph 7#c74 7,b7 ,requests for additional information ,not later than #a year after receiving an application from an entity under subparagraph 7,a7-- 7i7 the ,secretary of ,labor may request additional information from the entity in order to determine whether the entity is in compliance with the requirements under paragraph 7#c72 and 7ii7 the entity shall provide such additional information4 7,c7 ,determination deadline ,the ,secretary of ,labor shall make a determination on whether to certify an entity under this subsection not later than-- 7i7 in a case in which the ,secretary requests additional information described in subparagraph 7,b77i71 #a year after the ,secretary receives such additional information from the entity2 or 7ii7 in a case that is not described in clause 7i71 #a year after the date on which the entity submits the application under subparagraph 7,a74 7,d7 ,pre-certification remedies ,the ,secretary shall consider any corrective actions taken by an entity seeking certification under this subsection to remedy an administrative merits determination1 arbitral award or decision1 or civil judgment identified under paragraph 7#c77;,a77iv7 and shall impose as a condition of certification any additional remedies necessary to avoid further or repeated violations4 7#c7 ,labor standards requirements 7,a7 ,in general ,the ,secretary of ,labor shall require an entity1 as a condition of certification under this subsection1 to satisfy each of the following requirements3 7i7 ,the entity shall ensure that all laborers and mechanics employed by contractors and subcontractors in the performance of any applicable construction project shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act74 7ii7 ,the entity shall give preference in hiring to workers who-- 7,i7 have been previously employed in the fossil fuel industry2 7,,ii7 are members of deindustrialized communities2 or 7,,iii7 are members of communities with a significant presence of fossil fuel infrastructure or operations4 7iii7 ,the entity shall be a party to1 or require contractors and subcontractors in the performance of any applicable construction project to consent to1 a covered project labor agreement4 7iv7 ,the entity1 and all contractors and subcontractors in performance of any applicable construction project1 shall represent in the application submitted under paragraph 7#b7 whether there has been any administrative merits determination1 arbitral award or decision1 or civil judgment1 as defined in guidance issued by the ,secretary of ,labor1 rendered against the entity in the preceding #c years for violations of-- 7,i7 the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq472 7,,ii7 the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq472 7,,iii7 the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahja et seq472 7,,iv7 the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq472 7,v7 subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act72 7,,vi7 chapter #fg of title #da1 ,united ,states ,code 7commonly known as the ,service ,contract ,act72 7,,vii7 ,executive ,order #aabdf 7#db ,u4,s4,c4 #bjjj;e note2 relating to equal employment opportunity72 7,,viii7 section #ejc of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gic72 7,,ix7 section #dbab of title #ch1 ,united ,states ,code2 7,x7 the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfja et seq472 7,,xi7 title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 7,,xii7 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 7,,xiii7 the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq472 7,,xiv7 ,executive ,order #acfeh 7#gi ,fed4 ,reg4 #ihea2 relating to establishing a minimum wage for contractors72 or 7,,xv7 equivalent ,state laws1 as defined in guidance issued by the ,secretary of ,labor4 7v7 ,the entity1 and all contractors and subcontractors in the performance of any applicable construction project1 shall not require mandatory arbitration for any dispute involving a worker engaged in a service for the entity4 7vi7 ,the entity1 and all contractors and subcontractors in the performance of any applicable construction project1 shall consider an individual performing any service in such performance as an employee 7and not an independent contractor7 of the entity1 contractor1 or subcontractor1 respectively1 unless-- 7,i7 the individual is free from control and direction in connection with the performance of the service1 both under the contract for the performance of the service and in fact2 7,,ii7 the service is performed outside the usual course of the business of the entity1 contractor1 or subcontractor1 respectively2 and 7,,iii7 the individual is customarily engaged in an independently established trade1 occupation1 profession1 or business of the same nature as that involved in such service4 7vii7 ,the entity shall prohibit all contractors and subcontractors in the performance of any applicable construction project from hiring employees through a temporary staffing agency unless the relevant ,state workforce agency certifies that temporary employees are necessary to address an acute1 short-term labor demand4 7viii7 ,the entity shall require all contractors1 subcontractors1 successors in interest of the entity1 and other entities that may acquire the entity1 in the performance or acquisition of any applicable construction project1 to have an explicit neutrality policy on any issue involving the organization of employees of the entity1 and all contractors and subcontractors in the performance of any applicable construction project1 for purposes of collective bargaining4 7ix7 ,the entity shall1 for each skilled craft employed on any applicable construction project1 demonstrate an ability to use and commit to use individuals enrolled in a registered apprenticeship program1 which such individuals shall1 to the greatest extent practicable1 constitute not less than #bj percent of the individuals working on such project4 7x7 ,the entity1 and all contractors and subcontractors in the performance of any applicable construction project1 shall not request or otherwise consider the criminal history of an applicant for employment before extending a conditional offer to the applicant1 unless-- 7,i7 a background check is otherwise required by law2 7,,ii7 the position is for a ,federal law enforcement officer 7as defined in section #aae7;c7 of title #ah1 ,united ,states ,code7 position2 or 7,,iii7 the ,secretary1 in consultation with the ,secretary of ,energy1 certifies that precluding criminal history prior to the conditional offer would pose a threat to national security4 7,b7 ,davis-,bacon ,act ,the ,secretary of ,labor shall have1 with respect to the labor standards described in subparagraph 7,a77i71 the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7#d7 ,period of validity for certifications ,a certification made under this subsection shall be in effect for a period of #e years4 ,an entity may reapply to the ,secretary of ,labor for an additional certification under this subsection in accordance with the application process under paragraph 7#b74 7#e7 ,revocation of qualified entity status ,the ,secretary of ,labor may revoke the certification of an entity under this subsection as a qualified entity at any time in which the ,secretary determines the entity is no longer in compliance with paragraph 7#c74 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj for fiscal year #bjai and each fiscal year thereafter4 #c4 ,jobs in ,energy credit 7a7 ,in general ,subpart ,e of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #dh;,c the following new section3 #dh;,d4 ,jobs in ,energy credit 7a7 ,investment credit for qualified property ,for purposes of section #df1 the ,jobs in ,energy credit for any taxable year in which the taxpayer has been certified as a qualified entity 7as defined in subsection 7e77 is an amount equal to #aj percent of the qualified investment for such taxable year with respect to-- 7#a7 any qualified facility1 7#b7 qualified carbon capture and sequestration equipment1 and 7#c7 energy storage property4 7b7 ,qualified investment with respect to any qualified facility 7#a7 ,in general ,for purposes of subsection 7a77#a71 the qualified investment with respect to any qualified facility for any taxable year is the basis of any qualified property placed in service by the taxpayer during such taxable year which is part of a qualified facility4 7#b7 ,qualified property ,the term qualified property means property-- 7,a7 which is-- 7i7 tangible personal property1 or 7ii7 other tangible property 7not including a building or its structural components71 but only if such property is used as an integral part of the qualified facility1 7,b7 with respect to which depreciation 7or amortization in lieu of depreciation7 is allowable1 7,c7 which is constructed1 reconstructed1 erected1 or acquired by the taxpayer1 and 7,d7 the original use of which commences with the taxpayer4 7#c7 ,qualified facility ,for purposes of this section1 the term qualified facility means a facility which is-- 7,a7 7i7 used for the generation of electricity from qualified energy resources 7as such term is defined in section #de7;c77#a771 or 7ii7 described in section #fch7;a77#a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjad7;a77#a771 and 7,b7 originally placed in service after ,december #ca1 #bjbj4 7c7 ,qualified investment with respect to qualified carbon capture and sequestration equipment 7#a7 ,in general ,for purposes of subsection 7a77#b71 the qualified investment with respect to qualified carbon capture and sequestration equipment for any taxable year is the basis of any qualified carbon capture and sequestration equipment placed in service by the taxpayer during such taxable year4 7#b7 ,qualified carbon capture and sequestration equipment ,the term qualified carbon capture and sequestration equipment means property-- 7,a7 installed at a facility placed in service before ,january #a1 #bjba1 which-- 7i7 produces electricity1 or 7ii7 emits greenhouse gases as a result of industrial processes1 7,b7 which results in the elimination of carbon dioxide emissions from the facility through the capture and disposal or utilization of qualified carbon dioxide 7as defined in paragraph 7#c771 7,c7 with respect to which depreciation is allowable1 7,d7 which is constructed1 reconstructed1 erected1 or acquired by the taxpayer1 and 7,e7 the original use of which commences with the taxpayer4 7#c7 ,qualified carbon dioxide ,the term qualified carbon dioxide means carbon dioxide captured from an industrial source which-- 7,a7 would otherwise be released into the atmosphere as industrial emission of greenhouse gas1 7,b7 is measured at the source of capture and verified at the point of disposal or utilization1 7,c7 7i7 is disposed of by the taxpayer in secure geological storage 7as such term is defined under section #de,q7f77#b771 or 7ii7 utilized by the taxpayer in a manner described in section #de,q7f77#e71 and 7,d7 is captured and disposed or utilized within the ,united ,states 7within the meaning of section #fch7a77 or a possession of the ,united ,states 7within the meaning of section #fch7b774 7d7 ,qualified investment with respect to energy storage property 7#a7 ,in general ,for purposes of subsection 7a77#c71 the qualified investment with respect to energy storage property for any taxable year is the basis of any energy storage property placed in service by the taxpayer during such taxable year4 7#b7 ,energy storage property ,the term energy storage property means property-- 7,a7 which receives1 stores1 and delivers electricity1 or energy for conversion to electricity1 provided that such electricity is-- 7i7 sold by the taxpayer to an unrelated person1 or 7ii7 in the case of a facility which is equipped with a metering device which is owned and operated by an unrelated person1 sold or consumed by the taxpayer1 7,b7 with respect to which depreciation is allowable1 7,c7 which is constructed1 reconstructed1 erected1 or acquired by the taxpayer1 7,d7 the original use of which commences with the taxpayer1 and 7,e7 which is placed in service after ,december #ca1 #bjbj4 7e7 ,qualified entity 7#a7 ,in general ,for purposes of this section1 the term qualified entity means an entity which has been certified by the ,secretary of ,labor as being in compliance with all of the applicable requirements under section #b of the ,good ,jobs for #bast ,century ,energy ,act4 7#b7 ,aggregation rule ,all persons which are treated as a single employer under subsections 7a7 and 7b7 of section #eb shall be treated as a single taxpayer4 7#c7 ,requirement for certification prior to construction ,for purposes of this section1 an entity shall not be considered a qualified entity unless such entity-- 7,a7 has been certified by the ,secretary of ,labor as being in compliance with all of the applicable requirements described in paragraph 7#a7 prior to the date with respect to which construction of the property begins1 and 7,b7 maintains such certification for the entirety of the period beginning on the date described in subparagraph 7,a7 and ending on the date in which the property is placed in service4 4 7b7 ,conforming amendments 7#a7 ,section #df of such ,code is amended-- 7,a7 by striking 8and0 at the end of paragraph 7#e71 7,b7 by striking the period at the end of paragraph 7#f7 and inserting 81 and01 and 7,c7 by adding at the end the following new paragraph3 7#g7 the ,jobs in ,energy credit4 4 7#b7 ,section #di7;a77#a77;,c7 of such ,code is amended-- 7,a7 by striking 8and0 at the end of clause 7iv71 7,b7 by striking the period at the end of clause 7v7 and inserting a comma1 and 7,c7 by adding at the end the following new clauses3 7vi7 the basis of any qualified property which is part of a qualified facility under section #dh;,d1 7vii7 the basis of any qualified carbon capture and sequestration equipment under section #dh;,d1 and 7viii7 the basis of any energy storage property under section #dh;,d4 4 7#c7 ,the table of sections for subpart ,e of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by inserting after the item relating to section #dh;,c the following new item3 #dh;,d4 ,jobs in ,energy credit4 4 7c7 ,effective date ,the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjbj4 #d4 ,extension and enhancement of new energy efficient home credit 7a7 ,extension ,subsection 7g7 of section #de,l of the ,internal ,revenue ,code of #aihf is amended by striking ,december #ca1 #bjag and inserting ,december #ca1 #bjcj4 7b7 ,increase in credit for qualified entities ,subsection 7a7 of such section is amended by adding at the end the following3 7#c7 ,adjustment for qualified entities ,in the case of any taxable year in which the eligible contractor has been certified as a qualified entity 7as defined in section #dh;,d7e771 paragraph 7#b7 shall be applied-- 7,a7 in subparagraph 7,a7 of such paragraph1 by substituting #b1bjj for #b1jjj1 and 7,b7 in subparagraph 7,b7 of such paragraph1 by substituting #a1ajj for #a1jjj4 4 7c7 ,effective date ,the amendments made by this section shall apply to any qualified new energy efficient home acquired after ,december #ca1 #bjbj4 #e4 ,extension and enhancement of energy efficient commercial building deduction 7a7 ,extension ,subsection 7h7 of section #agi;,d of the ,internal ,revenue ,code of #aihf is amended by striking ,december #ca1 #bjag and inserting ,december #ca1 #bjcj4 7b7 ,increase in deduction for qualified entities ,subsection 7d7 of such section is amended by adding at the end the following3 7#g7 ,adjustment for qualified entities ,in the case of any energy efficient commercial building property placed in service during any taxable year1 if such property was installed by an entity which is certified as a qualified entity 7as defined in section #dh;,d7e77 for such taxable year1 subsection 7b77#a7 shall be applied by substituting #b4jj for #a4hj in subparagraph 7,a7 thereof4 4 7c7 ,effective date ,the amendments made by this section shall apply to any property placed in service after ,december #ca1 #bjbj4 #f4 ,clean energy manufacturing initiative 7a7 ,in general ,the ,secretary of ,energy 7referred to in this section as the ,secretary7 shall establish a ,clean ,energy ,manufacturing ,initiative within the ,department of ,energy-- 7#a7 to increase the competitiveness of the ,united ,states in manufacturing clean energy technologies2 7#b7 to increase the competitiveness of the ,united ,states across the manufacturing sector by-- 7,a7 boosting energy productivity2 and 7,b7 leveraging clean affordable domestic energy resources and feedstocks2 and 7#c7 to develop manufacturing supply chains-- 7,a7 for the clean energy economy2 7,b7 that prioritize family-sustaining jobs2 and 7,c7 that prioritize the development of manufacturing facilities in deindustrialized communities4 7b7 ,clean jobs workforce hub 7#a7 ,in general ,as part of the ,clean ,energy ,manufacturing ,initiative established under subsection 7a71 the ,secretary shall establish a clean jobs workforce hub under which the ,secretary shall convene the entities described in paragraph 7#b7 to work together to train and provide direct assistance to underserved communities in accessing renewable energy-related jobs4 7#b7 ,entities described ,the entities referred to in paragraph 7#a7 are-- 7,a7 labor organizations2 7,b7 renewable energy employers and industry2 7,c7 frontline and deindustrialized communities2 and 7,d7 any other community1 industry1 or public sector stakeholders1 as determined by the ,secretary4 7#c7 ,funding ,of the funding authorized under subsection 7c7 for each fiscal year1 the ,secretary shall use to carry out this subsection #be1jjj1jjj each fiscal year4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ajj1jjj1jjj for fiscal year #bjai and each fiscal year thereafter4 #g4 ,job creation through energy efficient manufacturing 7a7 ,definitions ,in this section3 7#a7 ,energy management plan ,the term energy management plan means a plan established under subsection 7b77#c77;,d74 7#b7 ,program ,the term program means the ,financing ,energy ,efficient ,manufacturing ,program established under subsection 7b77#a74 7#c7 ,program manager ,the term program manager means a qualified entity that receives a grant under subsection 7b77#a74 7#d7 ,project ,the term project means an energy efficiency improvement project carried out by a small- or medium-sized manufacturer using grant funds distributed by a project manager4 7#e7 ,qualified entity ,the term qualified entity means-- 7,a7 a ,state energy office2 7,b7 a nonprofit organization that-- 7i7 is focused on providing energy efficiency or renewable energy services2 and 7ii7 receives funding from a ,state1 ,tribe1 or utility2 7,c7 an electric cooperative group2 and 7,d7 an entity with a public-private partnership under the ,hollings ,manufacturing ,extension ,partnership established under section #be7;b7 of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bghk7b774 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#g7 ,small- or medium-sized manufacturer ,the term small- or medium-sized manufacturer means a manufacturing establishment-- 7,a7 classified in ,sector #ca1 #cb1 or #cc in the ,north ,american ,industry ,classification ,system2 and 7,b7 that employs not more than #gej employees4 7b7 ,financing energy efficient manufacturing program 7#a7 ,establishment ,the ,secretary shall establish a program1 to be known as the ,financing ,energy ,efficient ,manufacturing ,program to provide grants to qualified entities to fund energy efficiency improvement projects in the manufacturing sector4 7#b7 ,grant applications2 selection of grant recipients 7,a7 ,grant applications 7i7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 qualified entities desiring a grant under paragraph 7#a7 shall submit to the ,secretary an application in such manner and containing such information as the ,secretary may require1 including a description of-- 7,i7 how the qualified entity will work with small- and medium-sized manufacturers to assess the most promising opportunities for energy efficiency improvements2 7,,ii7 how the qualified entity will work with small- and medium-sized manufacturers and1 if appropriate1 licensed engineers to establish an energy management plan for the small- or medium-sized manufacturer to carry out a project2 7,,iii7 the methods and cost-sharing plans the qualified entity will use to distribute funds to small- and medium-sized manufacturers to subsidize the costs of carrying out a project2 7,,iv7 the standards by which the qualified entity will set energy efficiency goals for a project that will result in meaningful reductions in electricity or natural gas use by the small- or medium-sized manufacturer carrying out the project2 7,v7 how the qualified entity will provide support to the small- or medium-sized manufacturer carrying out a project during the implementation of the energy management plan2 7,,vi7 7aa7 any history of the qualified entity of working collaboratively with the regional technical assistance programs of the ,department2 and 7bb7 how the qualified entity plans to involve the regional technical assistance programs in the activities to be funded by a grant2 and 7,,vii7 how the qualified entity will collect measurements throughout the implementation of the energy management plan-- 7aa7 to demonstrate how energy efficiency improvements are being achieved2 and 7bb7 to maximize opportunities for project success4 7ii7 ,partnerships ,two or more qualified entities may form a partnership to apply1 and act as program manager1 for a grant under this paragraph4 7,b7 ,selection of grant recipients 7i7 ,in general ,not later than #ij days after the date on which the ,secretary receives an application under subparagraph 7,a71 the ,secretary shall-- 7,i7 review the application2 7,,ii7 provide the applicant with an opportunity to respond to any questions of the ,secretary regarding the application2 and 7,,iii7 select or deny the applicant based on the criteria described in clause 7ii74 7ii7 ,selection criteria 7,i7 ,in general ,the ,secretary shall select for grants under this paragraph qualified entities that demonstrate a history of successfully implementing energy efficiency improvement programs for small- and medium-sized manufacturers4 7,,ii7 ,priority ,in making selections under subclause 7,i71 the ,secretary shall give priority to qualified entities that demonstrate-- 7aa7 effective methods for reducing barriers to entry that might otherwise prevent small- and medium-sized manufacturers from participating in the subgrant program under paragraph 7#c72 7bb7 flexibility in addressing the needs of different small- and medium-sized manufacturers2 and 7cc7 a commitment to hiring for projects contractors that comply with the labor requirements described in paragraph 7#d77;,b74 7#c7 ,subgrants for energy efficiency improvements 7,a7 ,in general ,a qualified entity 7including a partnership of #a or more qualified entities under paragraph 7#b77;,a77ii77 that receives a grant under paragraph 7#a7 shall act as a program manager to distribute subgrants to small- and medium-sized manufacturers located in the ,state in which the program manager is located to carry out projects-- 7i7 to improve the energy efficiency of the small- or medium-sized manufacturer2 and 7ii7 to develop technologies to reduce electricity or natural gas use by the small- or medium-sized manufacturer4 7,b7 ,applications ,a small- or medium-sized manufacturer desiring a subgrant under subparagraph 7,a7 shall submit to the program manager an application at such time1 in such manner1 and containing such information as the program manager may require1 including a proposal describing the project to be carried out using the subgrant funds4 7,c7 ,priority ,in selecting small- or medium-sized manufacturers for subgrants under this paragraph1 the program manager shall give priority to small- or medium-sized manufacturers that commit to hiring for projects contractors that comply with the labor requirements described in paragraph 7#d77;,b74 7,d7 ,eligibility requirements ,to be eligible to receive a subgrant under subparagraph 7,a71 a small- or medium-sized manufacturer shall be a private1 nongovernmental entity4 7,e7 ,energy management plans ,each small- or medium-sized manufacturer receiving a subgrant under subparagraph 7,a71 in consultation with the program manager and1 if appropriate1 #a or more licensed engineers1 shall establish an energy management plan for the small- or medium-sized manufacturer to carry out the project4 7,f7 ,effect on title to property ,the receipt of ,federal funds under this paragraph shall not prohibit an entity that purchased equipment or other property using those funds from owning sole1 permanent title to the equipment or other property4 7#d7 ,contractors 7,a7 ,in general ,program managers and small- or medium-sized manufacturers may hire1 if necessary1 contractors to perform work relating to the installation1 repair1 or maintenance of equipment used under a project4 7,b7 ,labor requirements ,in an application for a grant or subgrant under this subsection1 a program manager or a small- or medium-sized manufacturer1 respectively1 shall commit to hiring contractors that are certified by the ,secretary of ,labor under section #b as being in compliance with all of the applicable requirements under that section4 7#e7 ,american iron1 steel1 and manufactured products 7,a7 ,definitions ,in this paragraph3 7i7 ,iron or steel manufactured product ,the term iron or steel manufactured product includes any construction material or end product 7as those terms are defined in subpart #be4jjc of the ,federal ,acquisition ,regulation7 that does not otherwise qualify as an iron or steel product1 including-- 7,i7 an electrical component2 7,,ii7 a non-ferrous building material1 including-- 7aa7 aluminum and polyvinylchloride2 7bb7 glass2 7cc7 fiber optics2 7dd7 plastic2 7ee7 wood2 7ff7 masonry2 7gg7 rubber2 7hh7 manufactured stone2 and 7ii7 any other non-ferrous metals2 and 7,,iii7 any unmanufactured construction material4 7ii7 ,produced in the united states 7,i7 ,in general ,the term produced in the ,united ,states-- 7aa7 with respect to an iron or steel product or an iron or steel manufactured product1 means that all manufacturing processes for1 and materials and components of1 the iron or steel product or iron or steel manufactured product1 from the initial melting stage through the application of coatings1 occurred in the ,united ,states2 and 7bb7 with respect to an iron or steel manufactured product1 means that-- 7,,aa7 the iron or steel manufactured product was manufactured in the ,united ,states2 and 7,,bb7 the cost of the components of the iron or steel manufactured product that were mined1 produced1 or manufactured in the ,united ,states is greater than #fj percent of the total cost of the components of the iron or steel manufactured product4 7,,ii7 ,exclusions ,the term produced in the ,united ,states1 with respect to an iron or steel product or an iron or steel manufactured product1 does not include an iron or steel product or an iron or steel manufactured product the materials and components of which were manufactured-- 7aa7 abroad from semi-finished steel or iron from the ,united ,states2 or 7bb7 in the ,united ,states from semi-finished steel or iron of foreign origin4 7,b7 ,requirement ,funds made available under the program may not be used for a project unless all of the iron and steel products and iron and steel manufactured products used in the project are produced in the ,united ,states4 7,c7 ,waiver 7i7 ,in general ,on request of the recipient of a grant under the program1 the ,secretary may grant for the project of the recipient of the grant a waiver of the requirement described in subparagraph 7,b7 if the ,secretary finds that-- 7,i7 the application of subparagraph 7,b7 would be inconsistent with the public interest2 7,,ii7 iron or steel products or iron or steel manufactured products are not produced in the ,united ,states-- 7aa7 in sufficient and reasonably available quantities2 or 7bb7 of a satisfactory quality2 or 7,,iii7 the inclusion of iron or steel products or iron or steel manufactured products produced in the ,united ,states would increase the cost of the overall project by greater than #be percent4 7ii7 ,public notice ,on receipt of a request for a waiver under clause 7i71 the ,secretary shall-- 7,i7 make available to the public1 including by electronic means1 including on the official public website of the ,department1 on an informal basis1 a copy of the request and all information available to the ,secretary relating to the request2 and 7,,ii7 provide for informal public input on the request for a period of not fewer than #ae days before making with respect to the request the finding described in clause 7i74 7#f7 ,reporting requirements 7,a7 ,in general ,each program manager shall-- 7i7 determine what data shall be required-- 7,i7 to be collected by or from each small- or medium-sized manufacturer receiving a subgrant under paragraph 7#c72 and 7,,ii7 to be submitted to the program manager to permit analysis of the subgrant program under paragraph 7#c72 and 7ii7 develop metrics to determine the success of the subgrant program under paragraph 7#c74 7,b7 ,provision of data ,as a condition of receiving a subgrant under paragraph 7#c71 a small- or medium-sized manufacturer shall provide to the program manager relevant data1 as determined by the program manager under subparagraph 7,a77i74 7,c7 ,proprietary information ,in carrying out this paragraph1 each program manager1 as appropriate1 shall provide for the protection of proprietary information and intellectual property rights4 7#g7 ,funding 7,a7 ,in general ,out of amounts made available to the ,secretary and not otherwise obligated1 the ,secretary shall use to carry out this subsection not more than #fjj1jjj1jjj4 7,b7 ,requirements for program managers ,a program manager shall use not greater than #g percent of the grant funds received by the program manager1 at the discretion of the program manager-- 7i7 to hire and train staff to assist the program manager in administering the subgrant program of the program manager2 and 7ii7 to market the subgrant program to small- and medium-sized manufacturers4 7,c7 ,management and oversight ,the ,secretary may use not greater than #j4be percent of the funds made available under subparagraph 7,a7 to carry out paragraph 7#e74 #h4 ,incentives for innovative technologies ,section #agjc7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeac7;b77 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#aj7 as subparagraphs 7,a7 through 7,j71 respectively1 and indenting appropriately2 7#b7 in the matter preceding subparagraph 7,a7 7as so redesignated71 by striking ,projects and inserting the following3 7#a7 ,in general ,projects 2 and 7#c7 by adding at the end the following3 7#b7 ,priority ,in making guarantees under this section1 the ,secretary shall give priority to projects proposed by applicants that commit to hiring contractors that have been certified by the ,secretary of ,labor under section #b of the ,good ,jobs for #bast ,century ,energy ,act as being in compliance with all of the applicable requirements under that section4 4