H.R. 7439 (117^th): Energy Security and Independence Act of 2022

by inserting (a) before For purposes; and

by adding at the end the following:

In general

In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $100,000,000,000 to the President to carry out subsection (c).

Availability of amounts

Amounts appropriated under paragraph (1) shall remain available until September 30, 2032.

In general

The President shall use the authorities under titles I and III and section 708(c) of the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) to establish, maintain, protect, or restore the domestic industrial base and manufacturing capabilities for covered energy-efficiency and renewable energy systems and technologies, including by providing loan guarantees, loans, purchase agreements, and grants to manufacturing entities to expand the domestic productive capacity of those entities and repurpose equipment to meet the manufacturing demands of such systems and technologies.

Requirements

In carrying out paragraph (1), the President shall—

manufacturers, engineers, scientists, and planning experts in the fields of—

environmental justice community leaders;

labor unions;

the Secretary of Energy, the Secretary of Transportation, and the Secretary of Labor;

staff of the National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)); and

other relevant Federal, State, and local agencies.

to establish, maintain, protect, and restore a domestic industrial base and manufacturing capabilities for covered energy-efficiency and renewable energy systems and technologies;

to reach the goal of a 100 percent renewable energy system as soon as possible, using the best available science and technologies;

to prioritize distributed energy resources and storage to boost climate resilience and equity;

to make an equitable allocation of Federal renewable energy investments and assistance, in partnership with environmental justice communities and public entities; and

to ensure that the domestic industrial base of covered energy-efficiency and renewable energy systems and technologies creates and maintains high-quality jobs that are represented by labor organizations.

to construct new facilities that manufacture components of covered energy-efficiency and renewable energy systems and technologies; and

to retool, retrofit, or expand existing facilities that manufacture, or have the ability to manufacture, components of covered energy-efficiency and renewable energy systems and technologies.

have the potential to benefit an environmental justice community, including by reducing the pollution and emissions within, and the utility costs of, such a community;

are strategically located near manufacturers of components of covered energy-efficiency and renewable energy systems and technologies to create a geographic concentration of those manufacturers in the manufacturing supply chain;

have potential to directly and indirectly create domestic jobs, including jobs for low-income communities, dislocated workers, and workers from groups that are underrepresented in the manufacturing industry, including formerly incarcerated workers;

will result in economic development or economic diversification in economically distressed regions or localities; and

do not expedite or fast track any applicable environmental review processes.

bear interest at a rate that does not exceed a level that the Secretary determines to be appropriate; and

be subject to such other terms and conditions as the Secretary determines to be appropriate.

Required agreement

An eligible entity awarded financial assistance under the program shall enter into an agreement that specifies that, during the 5-year period immediately following the award of the financial assistance—

Financial protection of Government

opportunities to convert fossil fuel infrastructure into renewable energy infrastructure;

gaps in the current United States manufacturing supply chains for covered energy-efficiency and renewable energy systems and technologies; and

benefits to the energy security of the United States of onshoring supply chains for covered energy-efficiency and renewable energy systems and technologies.

Covered entity

The term covered entity means an entity that directly or indirectly receives funds or assistance under a covered energy program, without regard to the form, amount, or type of Federal assistance provided.

Covered energy program

The term covered energy program means—

Project labor agreement

The term project labor agreement means a pre-hire collective bargaining agreement with one or more labor organizations that—

Laborers and mechanics

Any laborer or mechanic employed by the covered entity, or any contractor or subcontractor in the performance of work funded or assisted, in whole or in part, under a covered energy program, shall be paid wages at rates not less than those prevailing on work of a similar character in the locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act). With respect to the labor standards in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.

Other workers

All individuals employed by the covered entity, or any contractor or subcontractor using funds or other assistance provided under a covered energy program, in the manufacture or furnishing of materials, supplies, articles, or equipment shall be paid wages at rates not less than employees performing similar work or in the particular or similar industries or groups of industries currently operating in the locality in which the materials, supplies, articles, or equipment are to be manufactured or furnished, as determined by the Secretary of Labor in accordance with sections 6501 through 6511 of title 41, United States Code (commonly known as the Public Contracts Act).

Definitions

In this subsection:

In general

Notwithstanding any contrary provision of law, including the National Labor Relations Act (29 U.S.C. 151 et seq.), paragraphs (3) through (8) shall apply with respect to any covered entity that is an employer and any labor organization who represents or seeks to represent employees of such covered entity.

Labor peace

Any employer that is a covered entity shall recognize for purposes of collective bargaining a labor organization that demonstrates that a majority of the employees in a unit appropriate for bargaining who perform or will perform work funded or assisted, in whole or in part, by a covered energy program have signed valid authorizations designating the labor organization as their bargaining representative and that no other labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit pursuant to the National Labor Relations Act (29 U.S.C. 151 et seq.). Upon such showing of majority status, the employer shall notify the labor organization and the Board that the employer has determined that the labor organization represents a majority of the employees and that the employer is recognizing the labor organization as the exclusive representative of the employees for the purposes of collective bargaining pursuant to section 9 of such Act (29 U.S.C. 159).

Certification

Should a dispute over majority status or the appropriateness of the unit arise between the employer and the labor organization, either party may request that the Board investigate and resolve the dispute. If the Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the labor organization as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the Board shall not direct an election but shall certify the labor organization as the representative described in section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a)).

Commencement of bargaining

Not later than 10 days after receiving a written request for collective bargaining from a recognized or certified labor organization, or within such period as the parties agree upon, the labor organization and employer shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement.

Mediation

If after the expiration of the 90-day period beginning on the date on which bargaining is commenced, or such additional period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. Whenever such a request is received, it shall be the duty of the Service promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring them to agreement.

Arbitration

If after the expiration of the 30-day period beginning on the date on which the request for mediation is made under paragraph (6), or such additional period as the parties may agree upon, the Federal Mediation and Conciliation Service is not able to bring the parties to agreement by conciliation, the Service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the Service, with one member selected by the labor organization, one member selected by the employer, and one neutral member mutually agreed to by the parties. The labor organization and employer must each select the members of the tripartite arbitration panel within 14 days of the Service's referral; if the labor organization or employer fail to do so, the Service shall designate any members not selected by the labor organization or the employer. A majority of the tripartite arbitration panel shall render a decision settling the dispute as soon as practicable and not later than within 120 days of the selection of all members of the panel, absent extraordinary circumstances or by agreement or permission of the parties, and such decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties. Such decision shall be based on—

Contractors and subcontractors

Any employer that is a covered entity shall require any contractor or subcontractor whose employees perform or will perform work funded or assisted, in whole or in part, by a covered energy program to comply with the requirements set forth in paragraphs (2) through (7).

a background check is otherwise required by law;

the position is for a Federal law enforcement officer (as defined in section 115(c) of title 18, United States Code) position; or

the Secretary of Labor, in consultation with the Secretary of Energy, certifies that precluding criminal history prior to the conditional offer would pose a threat to national security.

the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of the service and in fact;

the service is performed outside the usual course of the business of the covered entity, contractor, or subcontractor, respectively; and

the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in such service.