I 
118TH CONGRESS 
1ST SESSION H. R. 6076 
To establish the Financing Energy Efficient Manufacturing Program at the 
Department of Energy to provide financial assistance to promote energy 
efficiency and onsite renewable technologies in manufacturing facilities, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 26, 2023 
Mr. CARTWRIGHT (for himself, Ms. BUDZINSKI, Mr. CARSON, Mr. COHEN, Mr. 
DELUZIO, Mr. HUFFMAN, Mr. RASKIN, and Mr. TONKO) introduced the 
following bill; which was referred to the Committee on Science, Space, 
and Technology, and in addition to the Committee on Energy and Com-
merce, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To establish the Financing Energy Efficient Manufacturing 
Program at the Department of Energy to provide finan-
cial assistance to promote energy efficiency and onsite 
renewable technologies in manufacturing facilities, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Job Creation through 
Energy Efficient Manufacturing Act’’. 
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SEC. 2. DEFINITIONS. 
In this Act: 
(1) ENERGY
MANAGEMENT
PLAN.—The term 
‘‘energy management plan’’ means a plan estab-
lished under section 3(c)(5). 
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(3) PROGRAM.—The term ‘‘program’’ means 
the Financing Energy Efficient Manufacturing Pro-
gram established under section 3(a). 
(4) PROGRAM MANAGER.—The term ‘‘program 
manager’’ means a qualified entity that receives a 
grant under section 3(a). 
(5) 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 program manager. 
(6) QUALIFIED ENTITY.—The term ‘‘qualified 
entity’’ means— 
(A) a State energy office; 
(B) an Indian tribe; 
(C) a nonprofit organization that— 
(i) is focused on providing energy effi-
ciency or renewable energy services; and 
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(ii) receives funding from a State, In-
dian tribe, or utility; 
(D) an electric cooperative group; and 
(E) an entity with a public-private partner-
ship under the Hollings Manufacturing Exten-
sion Partnership established under section 
25(b) of the National Institute of Standards 
and Technology Act (15 U.S.C. 278k(b)). 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(8) SMALL- 
OR
MEDIUM-SIZED
MANUFAC-
TURER.—The term ‘‘small- or medium-sized manu-
facturer’’ means a manufacturing establishment— 
(A) classified in Sector 31, 32, or 33 in the 
North American Industry Classification System; 
and 
(B) that employs not more than 750 em-
ployees. 
SEC. 3. FINANCING ENERGY EFFICIENT MANUFACTURING 
PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a program, to be known as the ‘‘Financing Energy Effi-
cient Manufacturing Program’’ to provide grants to quali-
fied entities to fund energy efficiency improvement 
projects in the manufacturing sector. 
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(b) GRANT APPLICATIONS; SELECTION OF GRANT 
RECIPIENTS.— 
(1) GRANT APPLICATIONS.— 
(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this Act, 
qualified entities desiring a grant under sub-
section (a) shall submit to the Secretary an ap-
plication in such manner and containing such 
information as the Secretary may require, in-
cluding a description of— 
(i) how the qualified entity will work 
with small- and medium-sized manufactur-
ers to assess the most promising opportu-
nities for energy efficiency improvements; 
(ii) how the qualified entity will work 
with small- and medium-sized manufactur-
ers and, if appropriate, licensed engineers 
to establish an energy management plan 
for the small- or medium-sized manufac-
turer to carry out a project; 
(iii) the methods and cost-sharing 
plans the qualified entity will use to dis-
tribute funds to small- and medium-sized 
manufacturers to subsidize the costs of 
carrying out a project; 
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(iv) the standards by which the quali-
fied 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 manufac-
turer carrying out the project; 
(v) how the qualified entity will pro-
vide support to the small- or medium-sized 
manufacturer carrying out a project during 
the implementation of the energy manage-
ment plan; 
(vi)(I) any history of the qualified en-
tity of working collaboratively with the re-
gional technical assistance programs of the 
Department of Energy; and 
(II) how the qualified entity plans to 
involve the regional technical assistance 
programs in the activities to be funded by 
a grant; and 
(vii) how the qualified entity will col-
lect measurements throughout the imple-
mentation of the energy management 
plan— 
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(I) to demonstrate how energy ef-
ficiency 
improvements 
are 
being 
achieved; and 
(II) to maximize opportunities 
for project success. 
(B) PARTNERSHIPS.—Two or more quali-
fied entities may form a partnership to apply, 
and act as program manager, for a grant under 
this subsection. 
(2) SELECTION OF GRANT RECIPIENTS.— 
(A) IN GENERAL.—Not later than 90 days 
after the date on which the Secretary receives 
an application under paragraph (1), the Sec-
retary shall— 
(i) review the application; 
(ii) provide the applicant with an op-
portunity to respond to any questions of 
the Secretary regarding the application; 
and 
(iii) select or deny the applicant based 
on the criteria described in subparagraph 
(B). 
(B) SELECTION CRITERIA.— 
(i) IN GENERAL.—The Secretary shall 
select for grants under this subsection 
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qualified entities that demonstrate a his-
tory of successfully implementing energy 
efficiency improvement programs for small- 
and medium-sized manufacturers. 
(ii) PRIORITY.—In making selections 
under clause (i), the Secretary shall give 
priority to qualified entities that dem-
onstrate— 
(I) effective methods for reducing 
barriers to entry that might otherwise 
prevent small- and medium-sized man-
ufacturers from participating in the 
subgrant program under subsection 
(c); 
(II) flexibility in addressing the 
needs of different small- and medium- 
sized manufacturers; and 
(III) a commitment to hiring for 
projects contractors that comply with 
the labor requirements described in 
subsection (d)(2). 
(c) SUBGRANTS FOR ENERGY EFFICIENCY IMPROVE-
MENTS.— 
(1) IN GENERAL.—A qualified entity (including 
a partnership of one or more qualified entities under 
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subsection (b)(1)(B)) that receives a grant under 
subsection (a) shall act as a program manager to 
distribute subgrants to small- and medium-sized 
manufacturers located in the State in which the pro-
gram manager is located to carry out projects— 
(A) to improve the energy efficiency of the 
small- or medium-sized manufacturer; and 
(B) to develop technologies to reduce elec-
tricity or natural gas use by the small- or me-
dium-sized manufacturer. 
(2) APPLICATIONS.—A small- or medium-sized 
manufacturer desiring a subgrant under paragraph 
(1) shall submit to the program manager an applica-
tion at such time, in such manner, and containing 
such information as the program manager may re-
quire, including a proposal describing the project to 
be carried out using the subgrant funds. 
(3) PRIORITY.—In selecting small- or medium- 
sized manufacturers for subgrants under this sub-
section, 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 subsection 
(d)(2). 
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(4) ELIGIBILITY REQUIREMENTS.—To be eligi-
ble to receive a subgrant under paragraph (1), a 
small- or medium-sized manufacturer shall be a pri-
vate, nongovernmental entity. 
(5) 
ENERGY
MANAGEMENT
PLANS.—Each 
small- or medium-sized manufacturer receiving a 
subgrant under paragraph (1), in consultation with 
the program manager and, if appropriate, one or 
more licensed engineers, shall establish an energy 
management plan for the small- or medium-sized 
manufacturer to carry out the project. 
(6) EFFECT ON TITLE TO PROPERTY.—The re-
ceipt of Federal funds under this subsection shall 
not prohibit an entity that purchased equipment or 
other property using those funds from owning sole, 
permanent title to the equipment or other property. 
(d) CONTRACTORS.— 
(1) IN
GENERAL.—Program managers and 
small- or medium-sized manufacturers may hire, if 
necessary, contractors to perform work relating to 
the installation, repair, or maintenance of equipment 
used under a project. 
(2) LABOR REQUIREMENTS.—In an application 
for a grant or subgrant under this section, a pro-
gram manager or a small- or medium-sized manu-
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facturer, respectively, may commit to hiring contrac-
tors that represent to the best of the knowledge and 
belief of the contractor, whether, during the 3-year 
period preceding the date of application, any admin-
istrative merits determination, arbitral award or de-
cision, or civil judgment (as defined in guidance 
issued by the Secretary of Labor) was rendered 
against the contractor for violations of— 
(A) the National Labor Relations Act (29 
U.S.C. 151 et seq.); 
(B) the Fair Labor Standards Act of 1938 
(29 U.S.C. 201 et seq.); 
(C) the Age Discrimination in Employment 
Act of 1967 (29 U.S.C. 621 et seq.); 
(D) the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 651 et seq.); 
(E) the Migrant and Seasonal Agricultural 
Worker Protection Act (29 U.S.C. 1801 et 
seq.); 
(F) the Family and Medical Leave Act of 
1993 (29 U.S.C. 2611 et seq.); 
(G) subchapter IV of chapter 31 of part A 
of subtitle II of title 40, United States Code 
(commonly referred to as the ‘‘Davis-Bacon 
Act’’); 
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(H) chapter 67 of title 41, United States 
Code; 
(I) title VII of the Civil Rights Act of 1964 
(42 U.S.C. 2000e et seq.); 
(J) the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.); 
(K) Executive Order 11246 (42 U.S.C. 
2000e note) (relating to equal employment op-
portunity); 
(L) Executive Order 13658 (79 Fed. Reg. 
9851 (February 20, 2014)) (relating to estab-
lishing a minimum wage for contractors); or 
(M) equivalent State laws. 
(3) ADDITIONAL
LABOR
REQUIREMENTS.—A 
program manager or small- or medium-sized manu-
facturer receiving a grant or subgrant, respectively, 
under this section that has committed to complying 
with the labor requirements described in paragraph 
(2)— 
(A) shall provide each contractor an oppor-
tunity to disclose any steps taken to correct a 
violation of, or improve compliance with, a law 
or Executive order described in any of subpara-
graphs (A) through (M) of paragraph (2), in-
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cluding any agreements entered into with an 
enforcement agency; 
(B) shall give preference to contractors 
that have the fewest number of violations (par-
ticularly serious, repeated, willful, or pervasive 
violations) of the laws and Executive orders de-
scribed in subparagraphs (A) through (M) of 
paragraph (2); and 
(C) shall not hire contractors that fail to 
take steps to correct violations of, or improve 
compliance with, a law or Executive order de-
scribed in any of subparagraphs (A) through 
(M) of paragraph (2). 
(e) AMERICAN IRON, STEEL, AND MANUFACTURED 
PRODUCTS.— 
(1) DEFINITIONS.—In this subsection: 
(A) IRON
OR
STEEL
MANUFACTURED 
PRODUCT.—The term ‘‘iron or steel manufac-
tured product’’ includes any construction mate-
rial or end product (as those terms are defined 
in subpart 25.003 of the Federal Acquisition 
Regulation) that does not otherwise qualify as 
an iron or steel product, including— 
(i) an electrical component; 
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(ii) a non-ferrous building material, 
including— 
(I) aluminum and polyvinyl chlo-
ride; 
(II) glass; 
(III) fiber optics; 
(IV) plastic; 
(V) wood; 
(VI) masonry; 
(VII) rubber; 
(VIII) manufactured stone; and 
(IX) any other non-ferrous build-
ing materials; and 
(iii) any unmanufactured construction 
material. 
(B) PRODUCED IN THE UNITED STATES.— 
(i) IN
GENERAL.—The term ‘‘pro-
duced in the United States’’— 
(I) with respect to an iron or 
steel product or an iron or steel man-
ufactured product, means that all 
manufacturing processes for, and ma-
terials and components of, the iron or 
steel product or iron or steel manufac-
tured product, from the initial melting 
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stage through the application of coat-
ings, occurred in the United States; 
and 
(II) with respect to an iron or 
steel manufactured product, means 
that— 
(aa) the iron or steel manu-
factured product was manufac-
tured in the United States; and 
(bb) the cost of the compo-
nents of the iron or steel manu-
factured 
product 
that 
were 
mined, produced, or manufac-
tured in the United States is 
greater than 60 percent of the 
total cost of the components of 
the iron or steel manufactured 
product. 
(ii) EXCLUSIONS.—The term ‘‘pro-
duced in the United States’’, with respect 
to an iron or steel product or an iron or 
steel manufactured product, does not in-
clude an iron or steel product or an iron 
or steel manufactured product that was 
manufactured— 
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(I) abroad from semi-finished 
steel or iron from the United States; 
or 
(II) in the United States from 
semi-finished steel or iron of foreign 
origin. 
(2) 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 States. 
(3) WAIVER.— 
(A) IN GENERAL.—On request of the re-
cipient of a grant under the program, the Sec-
retary may grant for the project of the recipient 
of the grant a waiver of the requirement de-
scribed in paragraph (2) if the Secretary finds 
that— 
(i) the application of paragraph (2) 
would be inconsistent with the public inter-
est; 
(ii) iron or steel products or iron or 
steel manufactured products are not pro-
duced in the United States— 
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(1) IN
GENERAL.—Each program manager 
shall— 
(A) determine what data shall be re-
quired— 
(i) to be collected by or from each 
small- or medium-sized manufacturer re-
ceiving a subgrant under subsection (c); 
and 
(ii) to be submitted to the program 
manager to permit analysis of the subgrant 
program under subsection (c); and 
(B) develop metrics to determine the suc-
cess of the subgrant program under subsection 
(c). 
(2) PROVISION OF DATA.—As a condition of re-
ceiving a subgrant under subsection (c), a small- or 
medium-sized manufacturer shall provide to the pro-
gram manager relevant data, as determined by the 
program manager under paragraph (1)(A). 
(3) PROPRIETARY INFORMATION.—In carrying 
out this subsection, each program manager, as ap-
propriate, shall provide for the protection of propri-
etary information and intellectual property rights. 
(g) FUNDING.— 
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(1) IN GENERAL.—Out of amounts made avail-
able to the Secretary and not otherwise obligated, 
the Secretary shall use to carry out this section not 
more than $600,000,000. 
(2) 
REQUIREMENTS
FOR
PROGRAM
MAN-
AGERS.—A program manager shall use not greater 
than 7 percent of the grant funds received by the 
program manager, at the discretion of the program 
manager— 
(A) to hire and train staff to assist the 
program manager in administering the sub-
grant program of the program manager; and 
(B) to market the subgrant program to 
small- and medium-sized manufacturers. 
(3) MANAGEMENT AND OVERSIGHT.—The Sec-
retary may use not greater than 0.25 percent of the 
funds made available under paragraph (1) to carry 
out subsection (e). 
Æ 
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