§18861 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Creates a program that manages certain clean energy demonstration projects. A "covered project" is a Department demonstration project that the Secretary can fund and that is allowed under this law or the Energy Act of 2020. The program must check proposals before they get money, watch and review projects after they start, and keep a balanced mix of projects. The Secretary will pick a program head to run it. That person will review proposals (scope, design readiness, costs, schedule, milestones, and chances for commercial success), make independent cost estimates when needed, recommend whether to fund projects, track actual costs versus estimates, and report progress to the Secretary. The Secretary may hire staff (including under section 19321 of this title), pick and run projects directly, and stop funding projects that get bad reviews and move the money elsewhere. The program head must work with the Office of Project Management and outside professional groups. The Secretary must put program progress into each updated technology transfer plan. Not later than 3 years after November 15, 2021, the Comptroller General of the United States must send a report to the Senate Committee on Energy and Natural Resources and the House Committee on Science, Space, and Technology that describes how the program runs and recommends any changes.

Title 42, §18861

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In this section:

(1)The term “covered project” means a demonstration project of the Department that—

(A)receives or is eligible to receive funding from the Secretary; and

(B)is authorized under—

(i)this division; or

(ii)the Energy Act of 2020 (Public Law 116–260; 134 Stat. 1182).11 See References in Text note below.

(2)The term “program” means the program established under subsection (b).

(b)The Secretary, in coordination with the heads of relevant program offices of the Department, including the Office of Technology Transitions, the Loan Program Office, and all applied program offices, shall establish a program to conduct project management and oversight of covered projects, including by—

(1)conducting evaluations of proposals for covered projects before the selection of a covered project for funding;

(2)conducting independent oversight of the execution of a covered project after funding has been awarded for that covered project; and

(3)ensuring a balanced portfolio of investments in covered projects.

(c)The Secretary shall appoint a head of the program who shall, in coordination with the heads of relevant program offices of the Department—

(1)evaluate proposals for covered projects, including scope, technical specifications, maturity of design, funding profile, estimated costs, proposed schedule, proposed technical and financial milestones, and potential for commercial success based on economic and policy projections;

(2)develop independent cost estimates for a proposal for a covered project, if appropriate;

(3)recommend to the head of a program office of the Department, as appropriate, whether to fund a proposal for a covered project;

(4)oversee the execution of covered projects that receive funding from the Secretary, including reconciling estimated costs as compared to actual costs;

(5)conduct reviews of ongoing covered projects, including—

(A)evaluating the progress of a covered project based on the proposed schedule and technical and financial milestones; and

(B)providing the evaluations under subparagraph (A) to the Secretary; and

(6)assess the lessons learned in overseeing covered projects and implement improvements in the process of evaluating and overseeing covered projects.

(d)To carry out the program, the Secretary may hire appropriate personnel, including by using the authorities in section 19321 of this title, to perform the duties of the program.

(e)The Secretary may solicit, select, and manage covered projects directly through the program.

(f)Should an ongoing covered project receive an unfavorable review under subsection (c)(5), the Secretary or their designee may cease funding the covered project and reallocate the remaining funds to new or existing covered projects carried out by that program office.

(g)In carrying out the program, the head of the program shall coordinate with—

(1)project management and acquisition management entities with the Department, including the Office of Project Management; and

(2)professional organizations in project management, construction, cost estimation, and other relevant fields.

(h)(1)In accordance with section 16391a of this title, the Secretary shall include in each updated technology transfer execution plan submitted under subsection (h)(2) of section 16391 of this title information on the implementation of and progress made under the program, including, for the year covered by the report—

(A)the covered projects under the purview of the program; and

(B)the review of each covered project carried out under subsection (c)(5).

(2)Not later than 3 years after November 15, 2021, the Comptroller General of the United States shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report evaluating the operation of the program, including—

(A)a description of the processes and procedures used by the program to evaluate proposals of covered projects and the oversight of covered projects; and

(B)any recommended changes in the program, including changes to—

(i)the processes and procedures described in subparagraph (A); and

(ii)the structure of the program, for the purpose of better carrying out the program.

(i)

Notes & Related Subsidiaries

Editorial Notes

References in Text

This division, referred to in subsec. (a)(1)(B)(i), is div. D of Pub. L. 117–58, Nov. 15, 2021, 135 Stat. 923, which enacted this chapter and enacted and amended numerous other sections and notes in the Code. For complete classification of div. D to the Code, see Tables. The Energy Act of 2020, referred to in subsec. (a)(1)(B)(ii), is div. Z of Pub. L. 116–260, Dec. 27, 2020, 134 Stat. 2418. For complete classification of div. Z to the Code, see

Short Title

of 2020 Amendment note under section 17001 of this title and Tables. Codification Section is comprised of section 41201 of div. D of Pub. L. 117–58. Subsec. (g) (now subsec. (i)) of section 41201 of div. D of Pub. L. 117–58 amended section 16391 of this title.

Amendments

2022—Subsec. (b). Pub. L. 117–167, § 10723(1), inserted “including the Office of Technology Transitions, the Loan Program Office, and all applied program offices,” after “Department,” in introductory provisions. Subsec. (d). Pub. L. 117–167, § 10723(2), inserted “, including by using the authorities in section 19321 of this title,” after “personnel”. Subsecs. (e) to (i). Pub. L. 117–167, § 10723(3)–(5), added subsecs. (e) and (f), redesignated former subsecs. (e) to (g) as (g) to (i), respectively, and in introductory provisions of subsec. (h)(1), as redesignated, substituted “In accordance with section 16391a of this title, the Secretary” for “The Secretary”.

Statutory Notes and Related Subsidiaries

Wage Rate RequirementsFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for

Construction

, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.

§18861 Office of Clean Energy Demonstrations