,,ii #aafth ,,congress #b;d ,session ,s4 #djfj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bd1 #bjbj,ms4 ,smith introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to provide additional funds for ,federal and ,state facility energy resiliency programs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,open ,back ,better ,act of #bjbj4 #b4 ,facilities energy resiliency 7a7 ,definitions ,in this section3 7#a7 ,covered project ,the term covered project means a building project at an eligible facility that-- 7,a7 increases-- 7i7 resiliency1 including-- 7,i7 public health and safety2 7,,ii7 power outages2 7,,iii7 natural disasters2 7,,iv7 indoor air quality2 and 7,v7 any modifications necessitated by the ,,covid-#ai pandemic2 7ii7 energy efficiency2 7iii7 renewable energy2 and 7iv7 grid integration2 and 7,b7 may have combined heat and power and energy storage as project components4 7#b7 ,early childhood education program ,the term early childhood education program has the meaning given the term in section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc74 7#c7 ,elementary school ,the term elementary school has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#d7 ,eligible facility ,the term eligible facility means a public facility1 as determined by the ,secretary1 including-- 7,a7 a public school1 including an elementary school and a secondary school2 7,b7 a facility used to operate an early childhood education program2 7,c7 a local educational agency2 7,d7 a medical facility2 7,e7 a local or ,state government building2 7,f7 a community facility2 7,g7 a public safety facility2 7,h7 a day care center2 7,i7 an institution of higher education2 7,j7 a public library2 and 7,k7 a wastewater treatment facility4 7#e7 ,environmental justice community ,the term environmental justice community means a community with significant representation of communities of color1 low income communities1 or ,tribal and indigenous communities1 that experiences1 or is at risk of experiencing1 higher or more adverse human health or environmental effects4 7#f7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#g7 ,local educational agency ,the term local educational agency has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#h7 ,low income ,the term low income1 with respect to a household1 means an annual household income equal to1 or less than1 the greater of-- 7,a7 #hj percent of the median income of the area in which the household is located1 as reported by the ,department of ,housing and ,urban ,development2 and 7,b7 #bjj percent of the ,federal poverty line4 7#i7 ,low income community ,the term low income community means a census block group in which not less than #cj percent of households are low income4 7#aj7 ,secondary school ,the term secondary school has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#aa7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#ab7 ,state ,the term ,state has the meaning given the term in section #c of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbjb74 7#ac7 ,state ,energy ,program ,the term ,state ,energy ,program means the ,state ,energy ,program established under part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcba et seq474 7#ad7 ,tribal organization 7,a7 ,in general ,the term tribal organization has the meaning given the term in section #cgfe of title #ch1 ,united ,states ,code4 7,b7 ,technical amendment ,section #cgfe7d7 of title #ch1 ,united ,states ,code1 is amended by striking section #d7l7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b7l77 and inserting section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7b7 ,state programs 7#a7 ,establishment ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall distribute grants to ,states under the ,state ,energy ,program1 in accordance with the allocation formula established under that ,program1 to implement covered projects4 7#b7 ,use of funds 7,a7 ,in general ,subject to subparagraph 7,b71 grant funds under paragraph 7#a7 may be used for technical assistance1 project facilitation1 and administration4 7,b7 ,technical assistance ,a ,state may use not more than #aj percent of grant funds received under paragraph 7#a7 to provide technical assistance for the development1 facilitation1 management1 oversight1 and measurement of results of covered projects implemented using those funds4 7,c7 ,environmental justice and other communities ,to support communities adversely impacted by the ,,covid-#ai pandemic1 a ,state shall use not less than #dj percent of grant funds received under paragraph 7#a7 to implement covered projects in environmental justice communities or low income communities4 7,d7 ,private financing ,a ,state receiving a grant under paragraph 7#a7 shall-- 7i7 to the extent practicable1 leverage private financing for cost-effective energy efficiency1 renewable energy1 resiliency1 and other smart-building improvements1 such as by entering into an energy service performance contract2 but 7ii7 maintain the use of grant funds to carry out covered projects with more project resiliency1 public health1 and capital-intensive efficiency and emission reduction components than are typically available through private energy service performance contracts4 7,e7 ,guidance ,in carrying out a covered project using grant funds received under paragraph 7#a71 a ,state shall1 to the extent practicable1 adhere to guidance developed by the ,secretary pursuant to the ,american ,recovery and ,reinvestment ,act of #bjji 7,public ,law #aaa-e2 #abc ,stat4 #aae7 relating to distribution of funds1 if that guidance will speed the distribution of funds under this subsection4 7#c7 ,no matching requirement ,notwithstanding any other provision of law1 a ,state receiving a grant under paragraph 7#a7 shall not be required to provide any amount of matching funding4 7#d7 ,report ,not later than #a year after the date on which grants are distributed under paragraph 7#a71 and each year thereafter until the funds appropriated under paragraph 7#e7 are no longer available1 the ,secretary shall submit a report on the use of those funds 7including in the communities described in paragraph 7#b77;,c77 to-- 7,a7 the ,subcommittee on ,energy and ,water ,development of the ,committee on ,appropriations of the ,senate2 7,b7 the ,subcommittee on ,energy and ,water ,development and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives2 7,c7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7,d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#e7 ,funding ,in addition to any amounts made available to the ,secretary to carry out the ,state ,energy ,program1 there is appropriated to the ,secretary1 out of funds in the ,treasury not otherwise appropriated1 #ah1jjj1jjj1jjj to carry out this subsection1 to remain available until ,september #cj1 #bjbe4 7#f7 ,supplement1 not supplant ,funds made available under paragraph 7#e7 shall supplement1 not supplant1 any other funds made available to ,states for the ,state ,energy ,program or the weatherization assistance program established under part ,a of title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfa et seq474 7c7 ,federal ,energy ,management ,program 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall use the funds appropriated under paragraph 7#d7 to provide grants under the ,,affect program under the ,federal ,energy ,management ,program of the ,department of ,energy to implement covered projects4 7#b7 ,private financing ,a recipient of a grant under paragraph 7#a7 shall-- 7,a7 to the extent practicable1 leverage private financing for cost-effective energy efficiency1 renewable energy1 resiliency1 and other smart-building improvements1 such as by entering into an energy service performance contract2 but 7,b7 maintain the use of grant funds to carry out covered projects with more project resiliency1 public health1 and capital-intensive efficiency and emission reduction components than are typically available through private energy service performance contracts4 7#c7 ,report ,not later than #a year after the date on which grants are distributed under paragraph 7#a71 and each year thereafter until the funds appropriated under paragraph 7#d7 are no longer available1 the ,secretary shall submit a report on the use of those funds to-- 7,a7 the ,subcommittee on ,energy and ,water ,development of the ,committee on ,appropriations of the ,senate2 7,b7 the ,subcommittee on ,energy and ,water ,development and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives2 7,c7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7,d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#d7 ,funding ,in addition to any amounts made available to the ,secretary to carry out the ,,affect program described in paragraph 7#a71 there is appropriated to the ,secretary1 out of funds in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj to carry out this subsection1 to remain available until ,september #cj1 #bjbe4 7d7 ,tribal organizations 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary1 acting through the head of the ,office of ,indian ,energy1 shall distribute funds made available under paragraph 7#c7 to tribal organizations to implement covered projects4 7#b7 ,report ,not later than #a year after the date on which funds are distributed under paragraph 7#a71 and each year thereafter until the funds made available under paragraph 7#c7 are no longer available1 the ,secretary shall submit a report on the use of those funds to-- 7,a7 the ,subcommittee on ,energy and ,water ,development of the ,committee on ,appropriations of the ,senate2 7,b7 the ,subcommittee on ,energy and ,water ,development and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives2 7,c7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7,d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#c7 ,funding ,there is appropriated to the ,secretary1 out of funds in the ,treasury not otherwise appropriated1 #a1ejj1jjj1jjj to carry out this subsection1 to remain available until ,september #cj1 #bjbe4 7e7 ,use of ,american iron1 steel1 and manufactured goods 7#a7 ,in general ,except as provided in paragraph 7#b71 none of the funds made available by or pursuant to this section may be used for a covered project unless all of the iron1 steel1 and manufactured goods used in the project are produced in the ,united ,states4 7#b7 ,exceptions ,the requirement under paragraph 7#a7 shall be waived by the head of the relevant ,federal department or agency in any case or category of cases in which the head of the relevant ,federal department or agency determines that-- 7,a7 adhering to that requirement would be inconsistent with the public interest2 7,b7 the iron1 steel1 and manufactured goods needed for the project are not produced in the ,united ,states-- 7i7 in sufficient and reasonably available quantities2 and 7ii7 in a satisfactory quality2 or 7,c7 the inclusion of iron1 steel1 and relevant manufactured goods produced in the ,united ,states would increase the overall cost of the project by more than #be percent4 7#c7 ,waiver publication ,if the head of a ,federal department or agency makes a determination under paragraph 7#b7 to waive the requirement under paragraph 7#a71 the head of the ,federal department or agency shall publish in the ,federal ,register a detailed justification for the waiver4 7#d7 ,international agreements ,this subsection shall be applied in a manner consistent with the obligations of the ,united ,states under all applicable international agreements4 7f7 ,wage rate requirements 7#a7 ,in general ,notwithstanding any other provision of law1 all laborers and mechanics employed by contractors and subcontractors on projects funded directly or assisted in whole or in part by the ,federal ,government pursuant to this section shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality1 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 7#b7 ,authority ,with respect to the labor standards specified in paragraph 7#a71 the ,secretary of ,labor shall have 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 #c4 ,personnel 7a7 ,in general ,to carry out section #b1 the ,secretary shall hire within the ,department of ,energy-- 7#a7 not less than #cjj full-time employees in the ,office of ,energy ,efficiency and ,renewable ,energy2 7#b7 not less than #ajj full-time employees1 to be distributed among-- 7,a7 the ,office of ,general ,counsel2 7,b7 the ,office of ,procurement ,policy2 7,c7 the ,golden ,field ,office2 7,d7 the ,national ,energy ,technology ,laboratory2 and 7,e7 the ,office of the ,inspector ,general2 and 7#c7 not less than #bj full-time employees in the ,office of ,indian ,energy4 7b7 ,timeline ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 hire all personnel under subsection 7a72 or 7#b7 certify that the ,secretary is unable to hire all personnel by the date required under this subsection4 7c7 ,contract hires 7#a7 ,in general ,if the ,secretary makes a certification under subsection 7b77#b71 the ,secretary may hire on a contract basis not more than #ej percent of the personnel required to be hired under subsection 7a74 7#b7 ,duration ,an individual hired on a contract basis under paragraph 7#a7 shall have an employment term of not more than #a year4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #hd1jjj1jjj for each of fiscal years #bjba through #bjca4 7e7 ,report ,not later than #fj days after the date of enactment of this ,act1 and annually thereafter for #b years1 the ,secretary shall submit a report on progress made in carrying out subsection 7a7 to-- 7#a7 the ,subcommittee on ,energy and ,water ,development of the ,committee on ,appropriations of the ,senate2 7#b7 the ,subcommittee on ,energy and ,water ,development and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives2 7#c7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7#d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4