I 

111TH CONGRESS 

1ST SESSION H. R. 3083 

To require the Secretary of Commerce to establish a program for the award 

of grants to States to establish revolving loan funds for small and 

medium-sized manufacturers to improve energy efficiency and produce 

clean energy technology, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 26, 2009 

Mr. BOCCIERI (for himself, Mr. SPACE, Mr. DRIEHAUS, Mr. RYAN of Ohio, 

Ms. FUDGE, Ms. KAPTUR, Ms. KILROY, Ms. SUTTON, and Mr. 

PERRIELLO) introduced the following bill; which was referred to the Committee on Science and Technology 

A BILL 

To require the Secretary of Commerce to establish a program 

for the award of grants to States to establish revolving 

loan funds for small and medium-sized manufacturers 

to improve energy efficiency and produce clean energy 

technology, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Investments for Manu5 facturing Progress and Clean Technology Act of 2009’’ 

6 or the ‘‘IMPACT Act of 2009’’. 


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1 SEC. 2. CLEAN ENERGY MANUFACTURING REVOLVING 

2 LOAN FUND PROGRAM. 

3 The National Institute of Standards and Technology 

4 Act (15 U.S.C. 271 et seq.) is amended by inserting after 

5 section 26 the following: 

6 ‘‘SEC. 27. CLEAN ENERGY MANUFACTURING REVOLVING 

7 LOAN FUND PROGRAM. 

8 ‘‘(a) PURPOSES.—The purposes of this section are as 

9 follows: 

10 ‘‘(1) To develop the long-term manufacturing 

11 capacity of the United States. 

12 ‘‘(2) To create jobs through the retooling and 

13 expansion of manufacturing facilities to produce 

14 clean energy technology products and energy effi15 cient products. 

16 ‘‘(3) To improve the long-term competitiveness 

17 of domestic manufacturing by increasing the energy 

18 efficiency of manufacturing facilities. 

19 ‘‘(4) To assist small and medium-sized manu20 facturers diversify operations to respond to emerging 

21 clean energy technology product markets. 

22 ‘‘(b) DEFINITIONS.—In this section: 

23 ‘‘(1) CLEAN ENERGY TECHNOLOGY PRODUCT.— 

24 The term ‘clean energy technology product’ means 

25 technology products relating to the following: 

26 ‘‘(A) Wind turbines. 


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1 ‘‘(B) Solar energy. 

2 ‘‘(C) Fuel cells. 

3 ‘‘(D) Advanced batteries, battery systems, 

4 or storage devices. 

5 ‘‘(E) Biomass equipment. 

6 ‘‘(F) Geothermal equipment. 

7 ‘‘(G) Advanced biofuels. 

8 ‘‘(H) Ocean energy equipment. 

9 ‘‘(I) Carbon capture and storage. 

10 ‘‘(J) Such other products as the Secretary 

11 determines— 

12 ‘‘(i) relate to the production, use, 

13 transmission, storage, control, or conserva14 tion of energy; 

15 ‘‘(ii) reduce greenhouse gas concentra16 tions; 

17 ‘‘(iii) achieve the earliest and max18 imum emission reductions within a reason19 able period per dollar invested; 

20 ‘‘(iv) result in the fewest non-green21 house gas environmental impacts; and 

22 ‘‘(v) either— 

23 ‘‘(I) reduce the need for addi24 tional energy supplies by— 


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1 ‘‘(aa) using existing energy 

2 supplies with greater efficiency; 

3 or 

4 ‘‘(bb) by transmitting, dis5 tributing, or transporting energy 

6 with greater effectiveness 

7 through the infrastructure of the 

8 United States; or 

9 ‘‘(II) diversity the sources of en10 ergy supply of the United States— 

11 ‘‘(aa) to strengthen energy 

12 security; and 

13 ‘‘(bb) to increase supplies 

14 with a favorable balance of envi15 ronmental effects if the entire 

16 technology system is considered. 

17 ‘‘(2) ENERGY EFFICIENT PRODUCT.—The term 

18 ‘energy efficient product’ means a product that, as 

19 determined by the Secretary in consultation with the 

20 Secretary of Energy— 

21 ‘‘(A) consumes significantly less energy 

22 than the average amount that all similar prod23 ucts consumed on the day before the date of the 

24 enactment of this Act; or 


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1 ‘‘(B) is a component, system, or group of 

2 subsystems that is designed, developed, and 

3 validated to optimize the energy efficiency of a 

4 product. 

5 ‘‘(3) HOLLINGS MANUFACTURING EXTENSION

6 CENTER.—The term ‘Hollings Manufacturing Exten7 sion Center’ means a center established under sec8 tion 25. 

9 ‘‘(4) HOLLINGS MANUFACTURING PARTNERSHIP

10 PROGRAM.—The term ‘Hollings Manufacturing Part11 nership Program’ means the program established 

12 under sections 25 and 26. 

13 ‘‘(5) PROGRAM.—The term ‘Program’ means 

14 the grant program established pursuant to sub15 section (c)(1). 

16 ‘‘(6) REVOLVING LOAN FUND.—The term ‘re17 volving loan fund’ means a revolving loan fund de18 scribed in subsection (d). 

19 ‘‘(7) SECRETARY.—Except as otherwise pro20 vided, the term ‘Secretary’ means the Secretary of 

21 Commerce. 

22 ‘‘(8) SMALL OR MEDIUM-SIZED MANUFAC23 TURER.—The term ‘small or medium-sized manufac24 turer’ means a manufacturer that employs fewer 

25 than 500 full-time equivalent employees at a manuVerDate Nov 24 2008 05:15 Jul 01, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3083.IH H3083

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1 facturing facility that is not owned or controlled by 

2 an automobile manufacturer. 

3 ‘‘(c) GRANT PROGRAM.— 

4 ‘‘(1) ESTABLISHMENT.—Not later than 120 

5 days after the date of the enactment of this section, 

6 the Secretary shall establish a program under which 

7 the Secretary shall award grants to States to estab8 lish revolving loan funds to provide loans to small 

9 and medium-sized manufacturers to finance the cost 

10 of—— 

11 ‘‘(A) reequipping, expanding, or estab12 lishing (including applicable engineering costs) 

13 a manufacturing facility in the United States to 

14 produce— 

15 ‘‘(i) clean energy technology products; 

16 ‘‘(ii) energy efficient products; or 

17 ‘‘(iii) integral component parts of 

18 clean energy technology products or energy 

19 efficient products; or 

20 ‘‘(B) reducing the energy intensity or 

21 greenhouse gas production of a manufacturing 

22 facility in the United States, including using 

23 energy intensive feedstocks. 


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1 ‘‘(2) MAXIMUM AMOUNT.—The Secretary may 

2 not award a grant under the Program in an amount 

3 that exceeds $500,000,000 in any fiscal year. 

4 ‘‘(d) CRITERIA FOR AWARDING GRANTS.— 

5 ‘‘(1) MATCHING FUNDS.—The Secretary may 

6 make a grant to a State under the Program only if 

7 the State agrees to ensure that for each loan pro8 vided by the State under the Program, not less than 

9 20 percent of the amount of each loan will come 

10 from a non-Federal source. 

11 ‘‘(2) ADMINISTRATIVE COSTS.—A State receiv12 ing a grant under the Program may only use such 

13 amount of the grant for the costs of administering 

14 the revolving loan fund as the Secretary shall pro15 vide in regulations. 

16 ‘‘(3) APPLICATION.—Each State seeking a 

17 grant under the Program shall submit to the Sec18 retary an application therefor in such form and in 

19 such manner as the Secretary considers appropriate. 

20 ‘‘(4) EVALUATION.—The Secretary shall evalu21 ate and prioritize an application submitted by a 

22 State for a grant under the Program on the basis 

23 of— 

24 ‘‘(A) the description of the revolving loan 

25 fund to be established with the grant and how 


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1 such revolving loan fund will achieve the pur2 poses described in subsection (a); 

3 ‘‘(B) whether the State will be able to pro4 vide loans from the revolving loan fund to small 

5 or medium-sized manufacturers before the date 

6 that is 120 days after the date on which the 

7 State receives the grant; 

8 ‘‘(C) a description of how the State will 

9 administer the revolving loan fund in coordina10 tion with other State and Federal programs, in11 cluding programs administered by the Assistant 

12 Secretary for Economic Development; 

13 ‘‘(D) a description of the actual or poten14 tial clean energy manufacturing supply chains, 

15 including significant component parts, in the re16 gion served by the revolving loan fund; 

17 ‘‘(E) how the State will target the provi18 sion of loans under the Program to manufactur19 ers located in regions characterized by high un20 employment and sudden and severe economic 

21 dislocation, in particular where mass layoffs 

22 have resulted in a precipitous increase in unem23 ployment; 

24 ‘‘(F) the availability of a skilled manufac25 turing workforce in the region served by the reVerDate Nov 24 2008 05:15 Jul 01, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3083.IH H3083

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1 volving loan fund and the capacity of the re2 gion’s workforce and education systems to pro3 vide pathways for unemployed or low-income 

4 workers into skilled manufacturing employment; 

5 ‘‘(G) a description of how the State will 

6 target loans to small or medium-sized manufac7 turers who are— 

8 ‘‘(i) manufacturers of automobile com9 ponents; and 

10 ‘‘(ii) either— 

11 ‘‘(I) increasing the energy effi12 ciency of their manufacturing facili13 ties; or 

14 ‘‘(II) retooling to manufacture 

15 clean energy products or energy effi16 cient products, including manufac17 turing components to improve the 

18 compliance of an automobile with fuel 

19 economy standards prescribed under 

20 section 32902 of title 49, United 

21 States Code; 

22 ‘‘(H) a description of how the State will 

23 use the loan fund to achieve the earliest and 

24 maximum greenhouse gas emission reductions 

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1 vested and with the fewest non-greenhouse gas 

2 environmental impacts; and 

3 ‘‘(I) such other factors as the Secretary 

4 considers appropriate to ensure that grants 

5 awarded under the Program effectively and effi6 ciently achieve the purposes described in sub7 section (a). 

8 ‘‘(e) REVOLVING LOAN FUNDS.— 

9 ‘‘(1) IN GENERAL.—A State receiving a grant 

10 under the Program shall establish, maintain, and 

11 administer a revolving loan fund in accordance with 

12 this subsection. 

13 ‘‘(2) DEPOSITS.—A revolving loan fund shall 

14 consist of the following: 

15 ‘‘(A) Amounts from grants awarded under 

16 this section. 

17 ‘‘(B) All amounts held or received by the 

18 State incident to the provision of loans de19 scribed in subsection (f), including all collec20 tions of principal and interest. 

21 ‘‘(3) EXPENDITURES.—Amounts in the revolv22 ing loan fund shall be available for the provision and 

23 administration of loans in accordance with sub24 section (f). 

25 ‘‘(f) LOANS.— 


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1 ‘‘(1) IN GENERAL.—A State receiving a grant 

2 under this section shall use the amount in the re3 volving loan fund to provide loans to small and me4 dium-sized manufacturers as described in subsection 

5 (c)(1). 

6 ‘‘(2) LOAN TERMS AND CONDITIONS.—The fol7 lowing shall apply with respect to loans provided 

8 under paragraph (1): 

9 ‘‘(A) TERMS.—Loans shall have a term de10 termined by the State receiving the grant as 

11 follows: 

12 ‘‘(i) For fixed assets, the term of the 

13 loan shall not exceed the useful life of the 

14 asset and shall be less than 15 years. 

15 ‘‘(ii) For working capital, the term of 

16 the loan shall not exceed 36 months. 

17 ‘‘(B) INTEREST RATES.—Loans shall bear 

18 an interest rate determined by the State receiv19 ing the grant as follows: 

20 ‘‘(i) The interest rate shall enable the 

21 loan recipient to accomplish the activities 

22 described in subparagraphs (A) and (B) of 

23 subsection (c)(1). 

24 ‘‘(ii) The interest rate may be set 

25 below-market interest rates. 


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1 ‘‘(iii) The interest rate may not be 

2 less than zero percent. 

3 ‘‘(iv) The interest rate may not exceed 

4 the current prime rate plus 500 basis 

5 points. 

6 ‘‘(C) DESCRIPTION AND BUDGET FOR USE

7 OF LOAN FUNDS.—Each recipient of a loan 

8 from a State under the Program shall develop 

9 and submit to the State and the Secretary a de10 scription and budget for the use of loan 

11 amounts, including a description of the fol12 lowing: 

13 ‘‘(i) Any new business expected to be 

14 developed with the loan. 

15 ‘‘(ii) Any improvements to manufac16 turing operations to be developed with the 

17 loan. 

18 ‘‘(iii) Any technology expected to be 

19 commercialized with the loan. 

20 ‘‘(D) PRIORITY IN REVIEW AND PREF21 ERENCE IN SELECTION FOR CERTAIN LOAN AP22 PLICANTS.— 

23 ‘‘(i) REVIEW.—In reviewing applica24 tions submitted by small or medium-sized 

25 manufacturers for a loan, a recipient of a 


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1 grant under the Program shall give pri2 ority to small or medium-sized manufac3 turers described in clause (iii). 

4 ‘‘(ii) SELECTION.—In selecting small 

5 or medium-sized manufacturers to receive 

6 a loan, a recipient of a grant under the 

7 Program shall give preference to small or 

8 medium-sized manufacturers described in 

9 clause (iii). 

10 ‘‘(iii) PRIORITY AND PREFERRED

11 SMALL OR MEDIUM-SIZED MANUFACTUR12 ERS.—A small or medium-sized manufac13 turer described in this clause is a manufac14 turer that— 

15 ‘‘(I) is certified by a Hollings 

16 Manufacturing Extension Center or a 

17 manufacturing-related local inter18 mediary designated by the Secretary 

19 for purposes of providing such certifi20 cation; or 

21 ‘‘(II) provides individuals em22 ployed at the manufacturing facilities 

23 of the manufacturer— 

24 ‘‘(aa) pay in amounts that 

25 are, on average, equal to or more 


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1 than the average wage of an indi2 vidual working in a manufac3 turing facility in the State; and 

4 ‘‘(bb) health benefits. 

5 ‘‘(iv) CERTIFICATION BY HOLLINGS

6 MANUFACTURING EXTENSION CENTER.—A 

7 Hollings Manufacturing Extension Center 

8 or other entity designated by the Secretary 

9 for purposes of providing certification 

10 under clause (iii)(I) shall only certify appli11 cations for a loan after carrying out a 

12 qualitative and quantitative review of the 

13 applicant’s business strategy, manufac14 turing operations, and technological ability 

15 to contribute to the purposes described in 

16 subsection (a). 

17 ‘‘(E) REPAYMENT UPON RELOCATION OUT18 SIDE UNITED STATES.— 

19 ‘‘(i) IN GENERAL.—If a person re20 ceives a loan under paragraph (1) to fi21 nance the cost of reequipping, expanding, 

22 or establishing a manufacturing facility as 

23 described in subsection (c)(1)(A) or to re24 duce the energy intensity of a manufac25 turing facility and such person relocates 


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1 the production activities of such manufac2 turing facility outside the United States 

3 during the term of the loan, the recipient 

4 shall repay such loan in full with interest 

5 as described in clause (ii) and for a dura6 tion described in clause (iii). 

7 ‘‘(ii) PAYMENT OF INTEREST.—Any 

8 amount owed by the recipient of a loan 

9 under paragraph (1) who is required to 

10 repay the loan under clause (i) shall bear 

11 interest at a penalty rate determined by 

12 the Secretary to deter recipients of loans 

13 under paragraph (1) from relocating pro14 duction activities as described in clause (i). 

15 ‘‘(iii) PERIOD OF REPAYMENT.—Re16 payment of a loan under clause (i) shall be 

17 for a duration determined by the Sec18 retary. 

19 ‘‘(F) COMPLIANCE WITH WAGE RATE RE20 QUIREMENTS.—Each recipient of a loan shall 

21 undertake and agree to incorporate or cause to 

22 be incorporated into all contracts for construc23 tion, alteration or repair, which are paid for in 

24 whole or in part with funds obtained pursuant 

25 to such loan, a requirement that all laborers 


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1 and mechanics employed by contractors and 

2 subcontractors performing construction, alter3 ation or repair shall be paid wages at rates not 

4 less than those determined by the Secretary of 

5 Labor, in accordance with subchapter IV of 

6 chapter 31 of title 40, United States Code 

7 (known as the ‘Davis-Bacon Act’), to be pre8 vailing for the corresponding classes of laborers 

9 and mechanics employed on projects of a char10 acter similar to the contract work in the same 

11 locality in which the work is to be performed. 

12 The Secretary of Labor shall have, with respect 

13 to the labor standards specified in this subpara14 graph, the authority and functions set forth in 

15 Reorganization Plan Numbered 14 of 1950 (15 

16 F.R. 3176; 64 Stat. 1267) and section 3145 of 

17 title 40, United States Code. 

18 ‘‘(G) ANNUAL REPORTS BY LOAN RECIPI19 ENTS.—Each recipient of a loan issued by a 

20 State under paragraph (1) shall, not less fre21 quently than once each year during the term of 

22 the loan, submit to such State a report con23 taining such information as the Secretary may 

24 specify for purposes of the Program, including 

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1 mine whether a recipient of a loan is required 

2 to repay the loan under subparagraph (E). 

3 ‘‘(3) ANNUAL REPORTS BY GRANT RECIPI4 ENTS.—Each recipient of a grant under the Pro5 gram shall, not less frequently than once each year, 

6 submit to the Secretary a report on the impact of 

7 each loan issued by the State under the Program 

8 and the aggregate impact of all loans so issued, in9 cluding the following: 

10 ‘‘(A) The sales increased or retained. 

11 ‘‘(B) Cost savings or costs avoided. 

12 ‘‘(C) Additional investment encouraged. 

13 ‘‘(D) Jobs created or retained. 

14 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

15 is authorized to be appropriated to carry out this section 

16 $15,000,000,000 for each of fiscal years 2010 and 2011.’’. 

17 SEC. 3. CLEAN ENERGY AND EFFICIENCY MANUFACTURING 

18 PARTNERSHIPS. 

19 (a) HOLLINGS MANUFACTURING PARTNERSHIP PRO20 GRAM.—Section 25(b) of the National Institute of Stand21 ards and Technology Act (15 U.S.C. 278k(b)) is amend22 ed— 

23 (1) in paragraph (2), by striking ‘‘and’’ at the 

24 end; 


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1 (2) in paragraph (3), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(4) the establishment of a clean energy manu5 facturing supply chain initiative— 

6 ‘‘(A) to support manufacturers in their 

7 identification of and diversification to new mar8 kets, including support for manufacturers 

9 transitioning to the use of clean energy supply 

10 chains; 

11 ‘‘(B) to assist manufacturers improve their 

12 competitiveness by reducing energy intensity 

13 and greenhouse gas production, including the 

14 use of energy intensive feedstocks; 

15 ‘‘(C) to increase adoption and implementa16 tion of innovative manufacturing technologies; 

17 ‘‘(D) to coordinate and leverage the exper18 tise of the National Laboratories and Tech19 nology Centers and the Industrial Assessment 

20 Centers of the Department of Energy to meet 

21 the needs of manufacturers; and 

22 ‘‘(E) to identify, assist, and certify manu23 facturers seeking loans under section 

24 27(e)(1).’’. 


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1 (b) REDUCTION IN COST SHARE REQUIREMENTS.— 

2 Section 25(c) of such Act (15 U.S.C. 278k(c)) is amend3 ed— 

4 (1) in paragraph (1), by inserting ‘‘or as pro5 vided in paragraph (5)’’ after ‘‘not to exceed six 

6 years’’; 

7 (2) in paragraph (3)(B), by striking ‘‘not less 

8 than 50 percent of the costs incurred for the first 

9 3 years and an increasing share for each of the last 

10 3 years’’ and inserting ‘‘50 percent of the costs in11 curred or such lesser percentage of the costs in12 curred as determined appropriate by the Secretary 

13 by rule’’; and 

14 (3) in paragraph (5)— 

15 (A) by striking ‘‘at declining levels’’; 

16 (B) by striking ‘‘one third’’ and inserting 

17 ‘‘50 percent’’; and 

18 (C) by inserting ‘‘, or such lesser percent19 age as determined appropriate by the Secretary 

20 by rule,’’ after ‘‘maintenance costs’’. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the Secretary of Com23 merce for the Hollings Manufacturing Partnership Pro24 gram authorized under sections 25 of the National Insti25 tute of Standards and Technology Act (15 U.S.C. 278k) 


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1 and for the provision of assistance under section 26 of 

2 such Act (15 U.S.C. 278l)— 

3 (1) $200,000,000 for fiscal year 2010; 

4 (2) $250,000,000 for fiscal year 2011; 

5 (3) $300,000,000 for fiscal year 2012; 

6 (4) $350,000,000 for fiscal year 2013; and 

7 (5) $400,000,000 for fiscal year 2014. 

8 SEC. 4. TECHNICAL AMENDMENTS. 

9 (a) AMENDMENT TO NATIONAL INSTITUTE OF

10 STANDARDS AND TECHNOLOGY ACT.—Section 25 of the 

11 National Institute of Standards and Technology Act (15 

12 U.S.C. 278k(b)) is amended— 

13 (1) in subsection (a), by striking ‘‘(hereafter in 

14 this Act referred to as the ‘Centers’)’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(g) DESIGNATION.— 

17 ‘‘(1) HOLLINGS MANUFACTURING PARTNERSHIP

18 PROGRAM.—The program under this section shall be 

19 known as the ‘Hollings Manufacturing Partnership 

20 Program’. 

21 ‘‘(2) HOLLINGS MANUFACTURING EXTENSION

22 CENTERS.—The Regional Centers for the Transfer 

23 of Manufacturing Technology created and supported 

24 under subsection (a) shall be known as the ‘Hollings 


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1 Manufacturing Extension Centers’ (in this Act re2 ferred to as the ‘Centers’).’’. 

3 (b) AMENDMENT TO CONSOLIDATED APPROPRIA4 TIONS ACT, 2005.—Division B of title II of the Consoli5 dated Appropriations Act, 2005 (Public Law 108–447; 

6 118 Stat. 2879; 15 U.S.C. 278k note) is amended under 

7 the heading ‘‘INDUSTRIAL TECHNOLOGY SERVICES’’ by 

8 striking ‘‘2007: Provided further, That’’ and all that fol9 lows through ‘‘Extension Centers.’’ and inserting ‘‘2007.’’. 

Æ 


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