§ 7256c. Milestone-based demonstration projects

Statutory text

In general

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.

Requirements

In carrying out milestone-based demonstration projects under the authority in paragraph (1), the Secretary shall, for each relevant project—

request proposals from eligible entities, as determined by the Secretary, including—

a business plan, that may include a plan for scalable manufacturing and a plan for addressing supply chain gaps;

a plan for raising private sector investment; and

proposed technical and financial milestones, including estimated project timelines and total costs; and

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;

require cost sharing in accordance with section 16352 of this title; and

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.

Awards

For the program established under subsection (a)—

an award recipient shall be responsible for all costs until milestones are achieved, or reimbursable expenses are reviewed and verified by the Department; and

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.

Project management

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.

Report

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

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.

2020
Department of Defense Appropriations Act, 2021
Pub. L. 116–260 div. Z title IX § 9005 · 134 Stat. 1182
Enacted · 42 U.S.C. § 7256c
(Pub. L. 116–260, div. Z, title IX, § 9005, Dec. 27, 2020, 134 Stat. 2599.)
Source evidence
Code source credit
(Pub. L. 116–260, div. Z, title IX, § 9005, Dec. 27, 2020, 134 Stat. 2599.)
Enacted provision · exact public law section
Sec. 9005. Not to exceed $2,000,000 of the amounts appropriated by this title under the heading “Operation and Maintenance, Army” may be used, notwithstanding any other provision of law, to fund the Commanders’ Emergency Response Program (CERP), for the purpose of enabling military commanders in Afghanistan to respond to urgent, small-scale, humanitarian relief and reconstruction requirements within their areas of responsibility: Provided, That each project (including any ancillary or related elements in connection with such project) executed under this authority shall not exceed $500,000: Time period. Reports. Provided further, That not later than 45 days after the end of each 6 months of the fiscal year, the Secretary of Defense shall submit to the congressional defense committees a report regarding the source of funds and the allocation and use of funds during that 6-month period that were made available pursuant to the authority provided in this section or under any other provision of law for the purposes described herein.

1 of 1 references resolved to an enrolled provision

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.

Credits

(Pub. L. 116–260, div. Z, title IX, § 9005, Dec. 27, 2020, 134 Stat. 2599.)