§ 18861. Office of Clean Energy Demonstrations

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2021

   Infrastructure Investment and Jobs Act

   Pub. L. 117–58 div. D title XII § 41201 · 135 Stat. 429

   Enacted · 42 U.S.C. § 18861

   Pub. L. 117–58, div. D, title XII, § 41201, Nov. 15, 2021, 135 Stat. 1130

   Source evidence

   Code source credit
   Pub. L. 117–58, div. D, title XII, § 41201, Nov. 15, 2021, 135 Stat. 1130

   Enacted provision · exact public law section
   SEC. 41201. OFFICE OF CLEAN ENERGY DEMONSTRATIONS. (a) Definitions.— In this section: (1) Covered project.— 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). (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, shall establish a program to conduct project management and oversight of covered projects, including by— (1) Evaluations. 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 to perform the duties of the program. (e) 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. (f) Reports.— (1) Report by secretary.— The Secretary shall include in each updated technology transfer execution plan submitted under subsection (h)(2) of section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) 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) Review. the review of each covered project carried out under subsection (c)(5). (2) Report by comptroller general.— Not later than 3 years after the date of enactment of this Act, 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) Recommenda- tions. 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. (g) Technical Amendment.— Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is amended by redesignating the second subsections (f) (relating to planning and reporting) and (g) (relating to additional technology transfer programs) as subsections (h) and (i), respectively.

2. 2022

   Research and Development, Competition, and Innovation Act

   Pub. L. 117–167 § 10723(1) · 136 Stat. 1366

   Inserted · 42 U.S.C. § 18861(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) in subsection (b), by inserting “including the Office of Technology Transitions, the Loan Program Office, and all applied program offices,” after “Department,”;

3. 2022

   Research and Development, Competition, and Innovation Act

   Pub. L. 117–167 § 10723(2) · 136 Stat. 1366

   Inserted · 42 U.S.C. § 18861(d)

   Pub. L. 117–167, § 10723(2), inserted “, including by using the authorities in section 19321 of this title,” after “personnel”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 117–167, § 10723(2), inserted “, including by using the authorities in section 19321 of this title,” after “personnel”.

   Enacted provision · exact public law section
   (2) in subsection (d), by inserting “, including by using the authorities in section 10726 of the Research and Development, Competition, and Innovation Act,” after “personnel”;

4. 2022

   Research and Development, Competition, and Innovation Act

   Pub. L. 117–167 § 10723(3) · 136 Stat. 1366

   1. Added · 42 U.S.C. § 18861(e)(i)

      Pub. L. 117–167, § 10723(3)–(5), added subsecs. (e) and (f)

   2. Redesignated · 42 U.S.C. § 18861(e)(i)

      Pub. L. 117–167, § 10723(3)–(5), redesignated former subsecs. (e) to (g) as (g) to (i), respectively, and in introductory provisions of subsec. (h)(1), as redesignated

   3. Substituted · 42 U.S.C. § 18861(e)(i)

      Pub. L. 117–167, § 10723(3)–(5), substituted “In accordance with section 16391a of this title, the Secretary” for “The Secretary”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (3) by redesignating subsections (e), (f), and (g) as subsections (g), (h), and (i), respectively;

6 of 6 references resolved to an enrolled provision