235 
ergy use of a building, including the building enve-
lope and HVAC system. 
(4) HOME.—The term ‘‘home’’ means a manu-
factured home (as such term is defined in section 
603 of the National Manufactured Housing Con-
struction and Safety Standards Act of 1974 (42 
U.S.C. 5402)), or a residential dwelling unit in a 
building with no more than 4 dwelling units that— 
(A) is located in the United States; 
(B) was constructed before the date of en-
actment of this Act; and 
(C) is occupied at least 6 months out of 
the year. 
(5) HOME ENERGY SAVINGS RETROFIT REBATE 
PROGRAM.—The term ‘‘Home Energy Savings Ret-
rofit Rebate Program’’ means the Home Energy 
Savings Retrofit Rebate Program established under 
section 32321. 
(6) HOMEOWNER.—The term ‘‘homeowner’’ 
means the owner of an owner-occupied home or a 
tenant-occupied home. 
(7) HOME
VALUATION
CERTIFICATION.—The 
term ‘‘home valuation certification’’ means the fol-
lowing home assessments: 
(A) Home Energy Score. 
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(B) PEARL Certification. 
(C) National Green Building Standard. 
(D) LEED. 
(E) Any other assessment the Secretary 
determines to be appropriate. 
(8) HOPE QUALIFICATION.—The term ‘‘HOPE 
Qualification’’ means the qualification described in 
section 32313. 
(9) HOPE 
TRAINING
CREDIT.—The term 
‘‘HOPE training credit’’ means a HOPE training 
task credit or a HOPE training supplemental credit. 
(10) HOPE TRAINING
TASK
CREDIT.—The 
term ‘‘HOPE training task credit’’ means a credit 
described in section 32312(a). 
(11) HOPE TRAINING SUPPLEMENTAL CRED-
IT.—The term ‘‘HOPE training supplemental cred-
it’’ means a credit described in section 32312(b). 
(12) HVAC SYSTEM.—The term ‘‘HVAC sys-
tem’’ means a system— 
(A) consisting of a heating component, a 
ventilation component, and an air-conditioning 
component; and 
(B) which components may include central 
air conditioning, a heat pump, a furnace, a boil-
er, a rooftop unit, and a window unit. 
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(13) MEASURED PERFORMANCE REBATE.—The 
term ‘‘measured performance rebate’’ means a re-
bate provided in accordance with section 32323 and 
described in subsection (e) of that section. 
(14) MODELED PERFORMANCE REBATE.—The 
term ‘‘modeled performance rebate’’ means a rebate 
provided in accordance with section 32323 and de-
scribed in subsection (d) of that section. 
(15) MODERATE
INCOME.—The term ‘‘mod-
erate income’’ means, with respect to a household, a 
household with an annual income that is less than 
80 percent of the area median income, as deter-
mined annually by the Department of Housing and 
Urban Development. 
(16) 
MULTIFAMILY
BUILDING.—The 
term 
‘‘multifamily building’’ means a structure with 5 or 
more tenant-occupied residential dwelling units 
that— 
(A) is located in the United States; 
(B) was constructed before the date of en-
actment of this Act; and 
(C) is occupied at least 6 months out of 
the year. 
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(17) MULTIFAMILY
BUILDING
OWNER.—The 
term ‘‘multifamily building owner’’ means the owner 
of a tenant-occupied multifamily building. 
(18) PARTIAL
SYSTEM
REBATE.—The term 
‘‘partial system rebate’’ means a rebate provided in 
accordance with section 32322. 
(19) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Energy. 
(20) STATE.—The term ‘‘State’’ includes— 
(A) a State; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
(D) Guam; 
(E) American Samoa; 
(F) the Commonwealth of the Northern 
Mariana Islands; 
(G) the United States Virgin Islands; and 
(H) any other territory or possession of the 
United States. 
(21) STATE ENERGY OFFICE.—The term ‘‘State 
energy office’’ means the office or agency of a State 
responsible for developing the State energy conserva-
tion plan for the State under section 362 of the En-
ergy Policy and Conservation Act (42 U.S.C. 6322). 
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Subpart A—HOPE Training 
SEC. 32311. NOTICE FOR HOPE QUALIFICATION TRAINING 
AND GRANTS. 
Not later than 30 days after the date of enactment 
of this Act, the Secretary, acting through the Director of 
the Building Technologies Office of the Department of 
Energy, shall issue a notice that includes— 
(1) criteria established under section 32312 for 
approval by the Secretary of courses for which cred-
its may be issued for purposes of a HOPE Qualifica-
tion; 
(2) a list of courses that meet such criteria and 
are so approved; and 
(3) information on how individuals and entities 
may apply for grants under this subpart. 
SEC. 32312. COURSE CRITERIA. 
(a) HOPE TRAINING TASK CREDIT.— 
(1) CRITERIA.—The Secretary shall establish 
criteria for approval of a course for which a credit, 
to be known as a HOPE training task credit, may 
be issued, including that such course— 
(A) is equivalent to at least 30 hours in 
total course time; 
(B) is accredited by the Interstate Renew-
able Energy Council or is determined to be 
equivalent by the Secretary; 
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(C) is, with respect to a particular job, 
aligned with the relevant National Renewable 
Energy Laboratory Job Task Analysis, or other 
credentialing program foundation that helps 
identify the necessary core knowledge areas, 
critical work functions, or skills, as approved by 
the Secretary; 
(D) has established learning objectives; 
and 
(E) includes, as the Secretary determines 
appropriate, an appropriate assessment of such 
learning objectives that may include a final 
exam, to be proctored on-site or through remote 
proctoring, or an in-person field exam. 
(2) INCLUDED COURSES.—The Secretary shall 
approve one or more courses that meet the criteria 
described in paragraph (1) for training related to— 
(A) contractor certification; 
(B) energy auditing or assessment, includ-
ing energy audits and assessments relevant to 
multifamily buildings; 
(C) home and multifamily building energy 
systems (including HVAC systems); 
(D) insulation installation and air leakage 
control; 
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(E) health and safety regarding the instal-
lation of energy efficiency measures or health 
and safety impacts associated with energy effi-
ciency retrofits; and 
(F) indoor air quality. 
(b) HOPE TRAINING SUPPLEMENTAL CREDIT CRI-
TERIA.—The Secretary shall establish criteria for approval 
of a course for which a credit, to be known as a HOPE 
training supplemental credit, may be issued, including 
that such course provides— 
(1) training related to— 
(A) small business success, including man-
agement, home energy efficiency software, or 
general accounting principles; 
(B) the issuance of a home valuation cer-
tification; 
(C) the use of Wi-Fi-enabled technology in 
an energy efficiency upgrade; or 
(D) understanding and being able to par-
ticipate in the Home Energy Savings Retrofit 
Rebate Program; and 
(2) as the Secretary determines appropriate, an 
appropriate assessment of such training that may in-
clude a final exam, to be proctored on-site or 
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through remote proctoring, or an in-person field 
exam. 
(c) EXISTING APPROVED COURSES.—The Secretary 
may approve a course that meets the applicable criteria 
established under this section that is approved by the ap-
plicable State energy office or relevant State agency with 
oversight authority for residential energy efficiency pro-
grams. 
(d) IN-PERSON AND ONLINE TRAINING.—An online 
course approved pursuant to this section may be con-
ducted in-person, but may not be offered exclusively in- 
person. 
SEC. 32313. HOPE QUALIFICATION. 
(a) ISSUANCE OF CREDITS.— 
(1) IN GENERAL.—The Secretary, or an entity 
authorized by the Secretary pursuant to paragraph 
(2), may issue— 
(A) a HOPE training task credit to any 
individual that completes a course that meets 
applicable criteria under section 32312; and 
(B) a HOPE training supplemental credit 
to any individual that completes a course that 
meets the applicable criteria under section 
32312. 
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(2) OTHER ENTITIES.—The Secretary may au-
thorize a State energy office implementing an au-
thorized program under subsection (b)(2), an organi-
zation described in section 32314(b), and any other 
entity the Secretary determines appropriate, to issue 
HOPE training credits in accordance with para-
graph (1). 
(b) HOPE QUALIFICATION.— 
(1) IN GENERAL.—The Secretary may certify 
that an individual has achieved a qualification, to be 
known as a HOPE Qualification, that indicates that 
the individual has received at least 3 HOPE training 
credits, of which at least 2 shall be HOPE training 
task credits. 
(2) STATE PROGRAMS.—The Secretary may au-
thorize a State energy office to implement a pro-
gram to provide HOPE Qualifications in accordance 
with this subpart. 
SEC. 32314. GRANTS. 
(a) IN GENERAL.—The Secretary shall, to the extent 
amounts are made available in appropriations Acts for 
such purposes, provide grants to support the training of 
individuals toward the completion of a HOPE Qualifica-
tion. 
(b) PROVIDER ORGANIZATIONS.— 
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(1) IN GENERAL.—The Secretary may provide a 
grant of up to $20,000 under this section to an or-
ganization to provide training online, including es-
tablishing, modifying, or maintaining the online sys-
tems, staff time, and software and online program 
management, through a course that meets the appli-
cable criteria established under section 32312. 
(2) CRITERIA.—In order to receive a grant 
under this subsection, an organization shall be— 
(A) a nonprofit organization; 
(B) an educational institution; or 
(C) an organization that has experience 
providing training to contractors that work with 
the weatherization assistance program imple-
mented under part A of title IV of the Energy 
Conservation and Production Act (42 U.S.C. 
6861 et seq.) or equivalent experience, as deter-
mined by the Secretary. 
(3) ADDITIONAL CERTIFICATIONS.—In addition 
to any grant provided under paragraph (1), the Sec-
retary may provide an organization up to $5,000 for 
each additional course for which a HOPE training 
credit may be issued that is offered by the organiza-
tion. 
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(c) CONTRACTOR COMPANY.—The Secretary may 
provide a grant under this section of $1,000 per employee 
to a contractor company, up to a maximum of $10,000, 
to reimburse the contractor company for training costs for 
employees, and any home technology support needed for 
an employee to receive training pursuant to this section. 
Grant funds provided under this subsection may be used 
to support wages of employees during training. 
(d) TRAINEES.—The Secretary may provide a grant 
of up to $1,000 under this section to an individual who 
receives a HOPE Qualification. 
(e) STATE ENERGY OFFICE.—The Secretary may 
provide a grant under this section to a State energy office 
of up to $25,000 to implement an authorized program 
under section 32313(b). 
SEC. 32315. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out 
this subpart $500,000,000 for the period of fiscal years 
2022 through 2026, to remain available until expended. 
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Subpart B—Home Energy Savings Retrofit Rebate 
Program 
SEC. 32321. ESTABLISHMENT OF HOME ENERGY SAVINGS 
RETROFIT REBATE PROGRAM. 
The Secretary shall establish a program, to be known 
as the Home Energy Savings Retrofit Rebate Program, 
to— 
(1) provide rebates in accordance with section 
32322; and 
(2) provide grants to States to carry out pro-
grams to provide rebates in accordance with section 
32323. 
SEC. 32322. PARTIAL SYSTEM REBATES. 
(a) AMOUNT OF REBATE.—In carrying out the Home 
Energy Savings Retrofit Rebate Program, and subject to 
the availability of appropriations for such purpose, the 
Secretary shall provide a homeowner or multifamily build-
ing owner a rebate, to be known as a partial system re-
bate, of, except as provided in section 32324, up to— 
(1) $800 for the purchase and installation of 
insulation and air sealing within a home of the 
homeowner or the household living in a multifamily 
building; and 
(2) $1,500 for the purchase and installation of 
insulation and air sealing within a home of the 
homeowner or the household living in a multifamily 
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HVAC system, or the cooling component of an 
HVAC system; 
(B) a description of such installation or in-
stallation and replacement; and 
(C) the total cost to the homeowner or 
multifamily building owner for such installation 
or installation and replacement. 
(d) PROCESS.— 
(1) FORMS; REBATE
PROCESSING
SYSTEM.— 
Not later than 90 days after the date of enactment 
of this Act, the Secretary, in consultation with the 
Secretary of the Treasury, shall— 
(A) develop and make available rebate 
forms required to receive a partial system re-
bate under this section; 
(B) establish a Federal rebate processing 
system which shall serve as a database and in-
formation technology system that will allow 
homeowners and multifamily building owners to 
submit required rebate forms; and 
(C) establish a website that provides infor-
mation on partial system rebates provided 
under this section, including how to determine 
whether particular measures qualify for a re-
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bate under this section and how to receive such 
a rebate. 
(2) SUBMISSION OF FORMS.—In order to re-
ceive a partial system rebate under this section, a 
homeowner or multifamily building owner shall sub-
mit the required rebate forms, and any other infor-
mation the Secretary determines appropriate, to the 
Federal rebate processing system established pursu-
ant to paragraph (1). 
(e) FUNDING.— 
(1) LIMITATION.—For each fiscal year, the Sec-
retary may not use more than 50 percent of the 
amounts made available to carry out this subpart to 
carry out this section. 
(2) ALLOCATION.—The Secretary shall allocate 
amounts made available to carry out this section for 
partial system rebates among the States using the 
same formula as is used to allocate funds for States 
under part D of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6321 et seq.). 
SEC. 32323. STATE ADMINISTERED REBATES. 
(a) FUNDING.—In carrying out the Home Energy 
Savings Retrofit Rebate Program, and subject to the 
availability of appropriations for such purpose, the Sec-
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retary shall provide grants to States to carry out programs 
to provide rebates in accordance with this section. 
(b) STATE PARTICIPATION.— 
(1) PLAN.—In order to receive a grant under 
this section a State shall submit to the Secretary an 
application that includes a plan to implement a 
State program that meets the minimum criteria 
under subsection (c). 
(2) APPROVAL.—Not later than 60 days after 
receipt of a completed application for a grant under 
this section, the Secretary shall either approve the 
application or provide to the applicant an expla-
nation for denying the application. 
(c) MINIMUM CRITERIA FOR STATE PROGRAMS.— 
Not later than 6 months after the date of enactment of 
this Act, the Secretary shall establish and publish min-
imum criteria for a State program to meet to qualify for 
funding under this section, including— 
(1) that the State program be carried out by 
the applicable State energy office or its designee; 
(2) that a rebate be provided under a State pro-
gram only for a home energy efficiency retrofit 
that— 
(A) is completed by a contractor who 
meets minimum training requirements and cer-
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253 
tification requirements set forth by the Sec-
retary; 
(B) includes installation of one or more 
home energy efficiency retrofit measures for a 
home that together are modeled to achieve, or 
are shown to achieve, a reduction in home en-
ergy use of 20 percent or more from the base-
line energy use of the home; 
(C) does not include installation of any 
measure that the Secretary determines does not 
improve the thermal energy performance of the 
home, such as a pool pump, pool heater, spa, or 
EV charger; and 
(D) includes, after installation of the appli-
cable home energy efficiency retrofit measures, 
a test-out procedure conducted in accordance 
with guidelines issued by the Secretary of such 
measures to ensure— 
(i) the safe operation of all systems 
post retrofit; and 
(ii) that all improvements are included 
in, and have been installed according to— 
(I) 
manufacturers 
installation 
specifications; and 
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(II) all applicable State and local 
codes or equivalent standards ap-
proved by the Secretary; 
(3) that the State program utilize— 
(A) for purposes of modeled performance 
rebates, modeling software approved by the Sec-
retary for determining and documenting the 
baseline energy use of a home and the reduc-
tions in home energy use resulting from the im-
plementation of a home energy efficiency ret-
rofit; and 
(B) for purposes of measured performance 
rebates, methods and procedures approved by 
the Secretary for determining and documenting 
the baseline energy use of a home and the re-
ductions in home energy use resulting from the 
implementation of a home energy efficiency ret-
rofit, including methods and procedures for use 
of advanced metering infrastructure, weather- 
normalized data, and open source standards, to 
measure such baseline energy use and such re-
ductions in home energy use; 
(4) that the State program include implementa-
tion of a quality assurance program— 
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(A) to ensure that home energy efficiency 
retrofits are achieving the stated level of energy 
savings, that efficiency measures were installed 
correctly, and that work is performed in accord-
ance with procedures developed by the Sec-
retary, including through quality-control inspec-
tions for a portion of home energy efficiency 
retrofits completed by each applicable con-
tractor; and 
(B) under which a quality-control inspec-
tion of a home energy efficiency retrofit is per-
formed by a quality assurance provider who— 
(i) is independent of the contractor 
for such retrofit; and 
(ii) will confirm that such contractor 
is a contractor who meets minimum train-
ing requirements and certification require-
ments set forth by the Secretary; 
(5) that the State program include require-
ments for a homeowner, contractor, or rebate 
aggregator to claim a rebate, including that the 
homeowner, contractor, or rebate aggregator submit 
any applicable forms approved by the Secretary to 
the State, including a copy of the certificate pro-
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vided by the applicable contractor certifying pro-
jected or measured reduction of home energy use; 
(6) that the State program may include require-
ments for an entity to be eligible to serve as a rebate 
aggregator to facilitate the delivery of rebates to 
homeowners or contractors; 
(7) that the State program include procedures 
for a homeowner to transfer the right to claim a re-
bate to the contractor performing the applicable 
home energy efficiency retrofit or to a rebate 
aggregator that works with the contractor; and 
(8) that the State program provide that a 
homeowner, contractor, or rebate aggregator may 
claim more than one rebate under the State pro-
gram, and may claim a rebate under the State pro-
gram after receiving a partial system rebate under 
section 32322, provided that no 2 rebates may be 
provided with respect to a home using the same 
baseline energy use of such home. 
(d) MODELED PERFORMANCE REBATES.— 
(1) IN GENERAL.—In carrying out a State pro-
gram under this section, a State may provide a 
homeowner, contractor, or rebate aggregator a re-
bate, to be known as a modeled performance rebate, 
for an energy audit of a home and a home energy 
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(1) IN GENERAL.—In carrying out a State pro-
gram under this section, a State may provide a 
homeowner, contractor, or rebate aggregator a re-
bate, to be known as a measured performance re-
bate, for a home energy efficiency retrofit that re-
duces home energy use by at least 20 percent as 
measured using methods and procedures approved 
by the Secretary. 
(2) AMOUNT.— 
(A) IN GENERAL.—Except as provided in 
section 32324, and subject to subparagraph 
(B), the amount of a measured performance re-
bate provided under a State program shall be 
equal to 50 percent of the cost, including the 
cost of diagnostic procedures, labor, reporting, 
and energy measurement, of the applicable 
home energy efficiency retrofit. 
(B) LIMITATION.—Except as provided in 
section 32324, with respect to a home energy 
efficiency retrofit that is measured as reducing 
home energy use by— 
(i) at least 20 percent, but less than 
40 percent, the maximum amount of a 
measured performance rebate shall be 
$2,000; and 
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(ii) at least 40 percent, the maximum 
amount of a measured performance rebate 
shall be $4,000. 
(f) COORDINATION
OF
REBATE
AND
EXISTING 
STATE-SPONSORED
OR
UTILITY-SPONSORED
PRO-
GRAMS.—A State that receives a grant under this section 
is encouraged to work with State agencies, energy utilities, 
nonprofits, and other entities— 
(1) to assist in marketing the availability of the 
rebates under the applicable State program; 
(2) to coordinate with utility or State managed 
financing programs; 
(3) to assist in implementation of the applicable 
State program, including installation of home energy 
efficiency retrofits; and 
(4) to coordinate with existing quality assur-
ance programs. 
(g) ADMINISTRATION AND OVERSIGHT.— 
(1) REVIEW
OF
APPROVED
MODELING
SOFT-
WARE.—The Secretary shall, on an annual basis, list 
and review all modeling software approved for use in 
determining and documenting the reductions in 
home energy use for purposes of modeled perform-
ance rebates under subsection (d). In approving such 
modeling software each year, the Secretary shall en-
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sure that modeling software approved for a year will 
result in modeling of energy efficiency gains for any 
type of home energy efficiency retrofit that is at 
least as substantial as the modeling of energy effi-
ciency gains for such type of home energy efficiency 
retrofit using the modeling software approved for 
the previous year. 
(2) OVERSIGHT.—If the Secretary determines 
that a State is not implementing a State program 
that was approved pursuant to subsection (b) and 
that meets the minimum criteria under subsection 
(c), the Secretary may, after providing the State a 
period of at least 90 days to meet such criteria, 
withhold grant funds under this section from the 
State. 
SEC. 32324. SPECIAL PROVISIONS FOR MODERATE INCOME 
HOUSEHOLDS. 
(a) CERTIFICATIONS.—The Secretary shall establish 
procedures for certifying that the household of a home-
owner or that, in the case of a multifamily building, the 
majority of households in the building is moderate income 
for purposes of this section. 
(b) PERCENTAGES.—Subject to subsection (c), for 
households that are certified pursuant to the procedures 
established under subsection (a) as moderate income the— 
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(1) amount of a partial system rebate under 
section 32322 shall not exceed 60 percent of the ap-
plicable purchase and installation costs described in 
section 32322(b)(1); and 
(2) amount of— 
(A) a modeled performance rebate under 
section 32323 provided shall be equal to 80 per-
cent of the applicable costs described in section 
32323(d)(2)(A); and 
(B) a measured performance rebate under 
section 32323 provided shall be equal to 80 per-
cent of the applicable costs described in section 
32323(e)(2)(A). 
(c) MAXIMUM AMOUNTS.—For households that are 
certified pursuant to the procedures established under 
subsection (a) as moderate income the maximum 
amount— 
(1) of a partial system rebate— 
(A) under section 32322(a)(1) for the pur-
chase and installation of insulation and air seal-
ing within a home of the homeowner or the 
household living in a multifamily building shall 
be $1,600; and 
(B) under section 32322(a)(2) for the pur-
chase and installation of insulation and air seal-
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ing within a home of the homeowner or the 
household living in a multifamily building and 
replacement of an HVAC system, the heating 
component of an HVAC system, or the cooling 
component of an HVAC system, of such home, 
shall be $3,000; 
(2) of a modeled performance rebate under sec-
tion 32323 for an energy audit and home energy ef-
ficiency retrofit that is projected to reduce home en-
ergy use as described in— 
(A) section 32323(d)(2)(B)(i) shall be 
$4,000; and 
(B) section 32323(d)(2)(B)(ii) shall be 
$8,000; and 
(3) of a measured performance rebate under 
section 32323 for a home energy efficiency retrofit 
that reduces home energy use as described in— 
(A) section 32323(e)(2)(B)(i) shall be 
$4,000; and 
(B) section 32323(e)(2)(B)(ii) shall be 
$8,000. 
(d) OUTREACH.—The Secretary shall establish proce-
dures to— 
(1) provide information to households of home-
owners or multifamily building owners that are cer-
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tified pursuant to the procedures established under 
subsection (a) as moderate income regarding other 
programs and resources relating to assistance for 
energy efficiency upgrades of homes, including the 
weatherization 
assistance 
program 
implemented 
under part A of title IV of the Energy Conservation 
and Production Act (42 U.S.C. 6861 et seq.); and 
(2) refer such households and owners, as appli-
cable, to such other programs and resources. 
SEC. 32325. EVALUATION REPORTS TO CONGRESS. 
(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of this Act and annually thereafter until 
the termination of the Home Energy Savings Retrofit Re-
bate Program, the Secretary shall submit to Congress a 
report on the use of funds made available to carry out 
this subpart. 
(b) CONTENTS.—Each report submitted under sub-
section (a) shall include— 
(1) how many home energy efficiency retrofits 
have been completed during the previous year under 
the Home Energy Savings Retrofit Rebate Program; 
(2) an estimate of how many jobs have been 
created through the Home Energy Savings Retrofit 
Rebate Program, directly and indirectly; 
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(3) a description of what steps could be taken 
to promote further deployment of energy efficiency 
and renewable energy retrofits; 
(4) a description of the quantity of verifiable 
energy savings, homeowner energy bill savings, and 
other benefits of the Home Energy Savings Retrofit 
Rebate Program; 
(5) a description of any waste, fraud, or abuse 
with respect to funds made available to carry out 
this subpart; and 
(6) any other information the Secretary con-
siders appropriate. 
SEC. 32326. ADMINISTRATION. 
(a) IN GENERAL.—The Secretary shall provide such 
administrative and technical support to contractors, rebate 
aggregators, States, and Indian Tribes as is necessary to 
carry out this subpart. 
(b) INFORMATION
COLLECTION.—The Secretary 
shall establish, and make available to a homeowner, or the 
homeowner’s designated representative, seeking a rebate 
under this subpart, release forms authorizing access by 
the Secretary, or a designated third-party representative 
to information in the utility bills of the homeowner with 
appropriate privacy protections in place. 
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SEC. 32327. TREATMENT OF REBATES. 
For purposes of the Internal Revenue Code of 1986, 
gross income shall not include any rebate received under 
this subpart. 
SEC. 32328. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated to the Secretary to carry out this subpart 
$1,200,000,000 for each of fiscal years 2022 through 
2026, to remain available until expended. 
(b) TRIBAL ALLOCATION.—Of the amounts made 
available pursuant to subsection (a) for a fiscal year, the 
Secretary shall work with Indian Tribes and use 2 percent 
of such amounts to carry out a program or programs that 
as close as possible reflect the goals, requirements, and 
provisions of this subpart, taking into account any factors 
that the Secretary determines to be appropriate. 
Subpart C—General Provisions 
SEC. 32331. APPOINTMENT OF PERSONNEL. 
Notwithstanding the provisions of title 5, United 
States Code, regarding appointments in the competitive 
service and General Schedule classifications and pay rates, 
the Secretary may appoint such professional and adminis-
trative personnel as the Secretary considers necessary to 
carry out this part. 
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SEC. 32332. MAINTENANCE OF FUNDING. 
Each State receiving Federal funds pursuant to this 
part shall provide reasonable assurances to the Secretary 
that it has established policies and procedures designed 
to ensure that Federal funds provided under this part will 
be used to supplement, and not to supplant, State and 
local funds. 
PART 4—ENERGY AND WATER PERFORMANCE AT 
FEDERAL FACILITIES 
SEC. 32401. ENERGY AND WATER PERFORMANCE REQUIRE-
MENT FOR FEDERAL FACILITIES. 
Section 543 of the National Energy Conservation 
Policy Act (42 U.S.C. 8253) is amended— 
(1) in subsection (a)— 
(A) in the subsection heading, by striking 
‘‘ENERGY PERFORMANCE REQUIREMENT
FOR 
FEDERAL BUILDINGS’’ and inserting ‘‘ENERGY 
AND
WATER
PERFORMANCE
REQUIREMENT 
FOR FEDERAL FACILITIES’’; 
(B) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the head of each agency shall— 
‘‘(A) for each of fiscal years 2020 through 
2030, reduce average facility energy intensity 
(as measured in British thermal units per gross 
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square foot) at facilities of the agency by 2.5 
percent each fiscal year relative to the average 
facility energy intensity of the facilities of the 
agency in fiscal year 2018; 
‘‘(B) for each of fiscal years 2020 through 
2030, improve water use efficiency and manage-
ment, including stormwater management, at fa-
cilities of the agency by reducing agency water 
consumption intensity— 
‘‘(i) by reducing the potable water 
consumption by 54 percent by fiscal year 
2030, relative to the potable water con-
sumption at facilities of the agency in fis-
cal year 2007, through reductions of 2 per-
cent each fiscal year (as measured in gal-
lons per gross square foot); 
‘‘(ii) by reducing the industrial, land-
scaping, and agricultural water consump-
tion of the agency, as compared to a base-
line of that consumption at facilities of the 
agency in fiscal year 2010, through reduc-
tions of 2 percent each fiscal year (as 
measured in gallons); and 
‘‘(iii) by installing appropriate infra-
structure features at facilities of the agen-
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cy to improve stormwater and wastewater 
management; and 
‘‘(C) to the maximum extent practicable, in 
carrying out subparagraphs (A) and (B), take 
measures that are life cycle cost-effective.’’; 
(C) in paragraph (2)— 
(i) by striking ‘‘(2) An agency’’ and 
inserting the following: 
‘‘(2) ENERGY AND WATER INTENSIVE FACILITY 
EXCLUSION.—An agency’’; 
(ii) by striking ‘‘building’’ and insert-
ing ‘‘facility’’; 
(iii) by inserting ‘‘and water’’ after 
‘‘energy’’ each place it appears; and 
(iv) by striking ‘‘buildings’’ and in-
serting ‘‘facilities’’; and 
(D) by striking paragraph (3) and insert-
ing the following: 
‘‘(3) RECOMMENDATIONS.—Not later than De-
cember 31, 2029, the Secretary shall— 
‘‘(A) review the results of the implementa-
tion of the energy and water performance re-
quirements established under paragraph (1); 
and 
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‘‘(B) submit to Congress recommendations 
concerning energy and water performance re-
quirements for fiscal years 2031 through 
2040.’’; 
(2) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘Federal 
building or collection of Federal buildings’’ each 
place it appears and inserting ‘‘Federal facil-
ity’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘buildings’’ and insert-
ing ‘‘facilities’’; and 
(ii) by striking ‘‘building’’ and insert-
ing ‘‘facility’’; and 
(C) in paragraph (3), by adding at the end 
the following: ‘‘Not later than 1 year after the 
date of enactment of the Leading Infrastruc-
ture For Tomorrow’s America Act, the Sec-
retary shall issue guidelines to establish criteria 
for exclusions to water performance require-
ments under paragraph (1). The Secretary shall 
update the criteria for exclusions under this 
subsection as appropriate to reflect changing 
technology and other conditions.’’; 
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(3) in subsection (d)(2), by striking ‘‘buildings’’ 
and inserting ‘‘facilities’’; 
(4) in subsection (e)— 
(A) in paragraph (1)— 
(i) by striking ‘‘By October 1’’ and in-
serting the following: 
‘‘(A) ENERGY.—By October 1’’; 
(ii) by striking ‘‘buildings’’ each place 
it appears and inserting ‘‘facilities’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) WATER.—By February 1, 2025, in 
accordance with guidelines established by the 
Secretary under paragraph (2), each agency 
shall use water meters at facilities of the agency 
where doing so will assist in reducing the cost 
of water used at such facilities.’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘paragraph (1).’’ and inserting ‘‘paragraph 
(1)(A). Not later than 180 days after the 
date of enactment of the Leading Infra-
structure For Tomorrow’s America Act, 
the Secretary, in consultation with such 
departments and entities, shall establish 
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(B) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘In this subsection’’ 
and inserting ‘‘In this section’’; 
(ii) in subparagraph (B)(i)(II), by in-
serting ‘‘and water’’ after ‘‘energy’’; and 
(iii) in subparagraph (C)(i), by insert-
ing ‘‘that consumes energy or water and 
is’’ before ‘‘owned or operated’’; and 
(C) in paragraph (8)— 
(i) by striking ‘‘building’’ each place it 
appears and inserting ‘‘facility’’; 
(ii) in subparagraph (A), by adding at 
the end the following: ‘‘The energy man-
ager shall enter water use data for each 
metered facility that is (or is a part of) a 
facility that meets the criteria established 
by the Secretary under paragraph (2)(B) 
into a facility water use benchmarking sys-
tem.’’; and 
(iii) in subparagraph (B), by striking 
‘‘this subsection’’ and inserting ‘‘the date 
of enactment of the Leading Infrastructure 
For Tomorrow’s America Act’’; and 
(6) in subsection (g)(1)— 
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(A) by striking ‘‘building’’ and inserting 
‘‘facility’’; and 
(B) by striking ‘‘energy efficient’’ and in-
serting ‘‘energy and water efficient’’. 
PART 5—OPEN BACK BETTER 
SEC. 32501. FACILITIES ENERGY RESILIENCY. 
(a) DEFINITIONS.—In this section: 
(1) COVERED
PROJECT.—The term ‘‘covered 
project’’ means a building project at an eligible facil-
ity that— 
(A) increases— 
(i) resiliency, including— 
(I) public health and safety; 
(II) power outages; 
(III) natural disasters; 
(IV) indoor air quality; and 
(V) 
any 
modifications 
neces-
sitated by the COVID–19 pandemic; 
(ii) energy efficiency; 
(iii) renewable energy; and 
(iv) grid integration; and 
(B) may have combined heat and power 
and energy storage as project components. 
(2) 
EARLY
CHILDHOOD
EDUCATION
PRO-
GRAM.—The term ‘‘early childhood education pro-
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gram’’ has the meaning given the term in section 
103 of the Higher Education Act of 1965 (20 
U.S.C. 1003). 
(3) ELEMENTARY SCHOOL.—The term ‘‘elemen-
tary school’’ has the meaning given the term in sec-
tion 8101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801). 
(4) ELIGIBLE FACILITY.—The term ‘‘eligible fa-
cility’’ means a public facility, as determined by the 
Secretary, including— 
(A) a public school, including an elemen-
tary school and a secondary school; 
(B) a facility used to operate an early 
childhood education program; 
(C) a local educational agency; 
(D) a medical facility; 
(E) a local or State government building; 
(F) a community facility; 
(G) a public safety facility; 
(H) a day care center; 
(I) an institution of higher education; 
(J) a public library; and 
(K) a wastewater treatment facility. 
(5) ENVIRONMENTAL
JUSTICE
COMMUNITY.— 
The term ‘‘environmental justice community’’ means 
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any population of color, community of color, indige-
nous community, or low-income community that ex-
periences a disproportionate burden of the negative 
human health and environmental impacts of pollu-
tion or other environmental hazards. 
(6) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001). 
(7) LOCAL EDUCATIONAL AGENCY.—The term 
‘‘local educational agency’’ has the meaning given 
the term in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801). 
(8) LOW
INCOME.—The term ‘‘low income’’ 
means an annual household income equal to, or less 
than, the greater of— 
(A) an amount equal to 80 percent of the 
median income of the area in which the house-
hold is located, as reported by the Department 
of Housing and Urban Development; and 
(B) 200 percent of the Federal poverty 
line. 
(9) LOW-INCOME COMMUNITY.—The term ‘‘low- 
income community’’ means any census block group 
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in which 30 percent or more of the population are 
individuals with low income. 
(10) SECONDARY
SCHOOL.—The term ‘‘sec-
ondary school’’ has the meaning given the term in 
section 8101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801). 
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Energy. 
(12) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 3 of the Energy Policy 
and Conservation Act (42 U.S.C. 6202). 
(13) 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 (42 U.S.C. 
6321 et seq.). 
(14) TRIBAL ORGANIZATION.— 
(A) IN GENERAL.—The term ‘‘tribal orga-
nization’’ has the meaning given the term in 
section 3765 of title 38, United States Code. 
(B) 
TECHNICAL
AMENDMENT.—Section 
3765(4) of title 38, United States Code, is 
amended by striking ‘‘section 4(l) of the Indian 
Self-Determination and Education Assistance 
Act (25 U.S.C. 450b(l))’’ and inserting ‘‘section 
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4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304)’’. 
(b) STATE PROGRAMS.— 
(1) ESTABLISHMENT.—Not later than 60 days 
after the date of enactment of this Act, the Sec-
retary shall distribute grants to States under the 
State Energy Program, in accordance with the allo-
cation formula established under that Program, to 
implement covered projects. 
(2) USE OF FUNDS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), grant funds under paragraph (1) 
may be used for technical assistance, project fa-
cilitation, and administration. 
(B) TECHNICAL
ASSISTANCE.—A State 
may use not more than 10 percent of grant 
funds received under paragraph (1) to provide 
technical assistance for the development, facili-
tation, management, oversight, and measure-
ment of results of covered projects implemented 
using those funds. 
(C) ENVIRONMENTAL JUSTICE AND OTHER 
COMMUNITIES.—To support communities ad-
versely impacted by the COVID–19 pandemic, a 
State shall use not less than 40 percent of 
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