42 U.S.C. § 18861: Office of Clean Energy…

Summary

Creates a program to manage and watch over certain Department demonstration projects. Covered project: a demo project that gets or can get funding and is allowed under this law or the Energy Act of 2020. Program: the new office that runs these tasks. The Secretary must set up the program with help from other Department offices and pick a program head. The program must review proposals before funding, check projects after funding, keep a balanced mix of projects, and make independent cost estimates when needed. The program head must recommend funding decisions, compare estimated and actual costs, review project progress against schedules and milestones, report those reviews to the Secretary, and use lessons learned to improve the process. The Secretary can hire staff, directly run projects through the program, stop funding projects that get bad reviews and move the money elsewhere, and work with project management offices and professional groups. Each updated technology transfer plan must report on the program and its project reviews. The Comptroller General must report to Congress on the program’s operation and any suggested changes no later than 3 years after November 15, 2021.

Title 42, §18861

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

(a)Definitions

In this section: (1) Covered project

(2)Program

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

(b)Establishment

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)Duties

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)Employees

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)Additional authority

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

(f)Project termination

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)Coordination

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)Reports

(1)Report by Secretary

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)Report by Comptroller General

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)Omitted

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