Title 42The Public Health and WelfareRelease 119-73

§7256c Milestone-based demonstration projects

Title 42 › Chapter CHAPTER 84— - DEPARTMENT OF ENERGY › Subchapter SUBCHAPTER VI— - ADMINISTRATIVE PROVISIONS › Part Part C— - General Administrative Provisions › § 7256c

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Energy can run milestone-based demonstration projects that give competitive grants only after set technical and financial goals are met. The Department will ask eligible groups to apply with a business plan (which can include plans for scaling up and fixing supply chain gaps), a plan to attract private investment, and proposed milestones with timelines and total costs. Awards will pay a set amount when milestones or approved reimbursable costs are met, and projects must share costs as required by section 16352. Winners must cover costs until milestones are verified. If a winner fails to meet goals, the Secretary can end the deal and reuse the funds. The Secretary must consult outside experts from different backgrounds and report each year under section 16391a(a).

Full Legal Text

Title 42, §7256c

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

(a)Acting under section 7256(g) of this title, notwithstanding paragraph (10) of such section, the Secretary of Energy (in this section referred to as the “Secretary”) may carry out demonstration projects as a milestone-based demonstration project that requires particular technical and financial milestones to be met before a participant is awarded grants by the Department through a competitive award process.
(b)In carrying out milestone-based demonstration projects under the authority in paragraph (1), the Secretary shall, for each relevant project—
(1)request proposals from eligible entities, as determined by the Secretary, including—
(A)a business plan, that may include a plan for scalable manufacturing and a plan for addressing supply chain gaps;
(B)a plan for raising private sector investment; and
(C)proposed technical and financial milestones, including estimated project timelines and total costs; and
(2)award funding of a predetermined amount to projects that successfully meet proposed milestones under paragraph (1)(C) or for expenses deemed reimbursable by the Secretary, in accordance with terms negotiated for an individual award;
(3)require cost sharing in accordance with section 16352 of this title; and
(4)communicate regularly with selected eligible entities and, if the Secretary deems appropriate, exercise small amounts of flexibility for technical and financial milestones as projects mature.
(c)For the program established under subsection (a)—
(1)an award recipient shall be responsible for all costs until milestones are achieved, or reimbursable expenses are reviewed and verified by the Department; and
(2)should an awardee not meet the milestones described in subsection (a), the Secretary or their designee may end the partnership with an award recipient and use the remaining funds in the ended agreement for new or existing projects carried out under this section.
(d)In carrying out projects under this program and assessing the completion of their milestones in accordance with subsection (b), the Secretary shall consult with experts that represent diverse perspectives and professional experiences, including those from the private sector, to ensure a complete and thorough review.
(e)In accordance with section 16391a(a) of this title, the Secretary shall report annually on any demonstration projects carried out using the authorities under this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Energy Act of 2020, and not as part of the Department of Energy Organization Act which comprises this chapter.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7256c

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73