42 U.S.C. § 7256c — Milestone-based demonstration projects

Page 7090 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7256c § 7256c. Milestone-based demonstration projects (a) In general Acting under section 7256(g) of this title, not- withstanding paragraph (10) of such section, the Secretary of Energy (in this section referred to as the ‘‘Secretary’’) may carry out demonstra- tion projects as a milestone-based demonstra- tion project that requires particular technical and financial milestones to be met before a par- ticipant is awarded grants by the Department through a competitive award process. (b) Requirements In carrying out milestone-based demonstra- tion 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 invest- ment; and (C) proposed technical and financial mile- stones, 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 ex- penses deemed reimbursable by the Secretary, in accordance with terms negotiated for an in- dividual award; (3) require cost sharing in accordance with section 16352 of this title; and (4) communicate regularly with selected eli- gible entities and, if the Secretary deems ap- propriate, exercise small amounts of flexi- bility for technical and financial milestones as projects mature. (c) Awards 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 mile- stones described in subsection (a), the Sec- retary or their designee may end the partner- ship with an award recipient and use the re- maining funds in the ended agreement for new or existing projects carried out under this sec- tion. (d) 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, in- cluding those from the private sector, to ensure a complete and thorough review. (e) Report In accordance with section 16391a(a) of this title, the Secretary shall report annually on any demonstration projects carried out using the au- thorities under this section. (Pub. L. 116–260, div. Z, title IX, § 9005, Dec. 27, 2020, 134 Stat. 2599.) Editorial Notes CODIFICATION Section was enacted as part of the Energy Act of 2020, and not as part of the Department of Energy Organiza- tion Act which comprises this chapter. § 7257. Acquisition, construction, etc., of labora- tories, research and testing sites, etc. The Secretary is authorized to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and main- tain laboratories, research and testing sites and facilities, quarters and related accommodations for employees and dependents of employees of the Department, personal property (including patents), or any interest therein, as the Sec- retary deems necessary; and to provide by con- tract or otherwise for eating facilities and other necessary facilities for the health and welfare of employees of the Department at its installations and purchase and maintain equipment therefor. (Pub. L. 95–91, title VI, § 647, Aug. 4, 1977, 91 Stat. 599.) Statutory Notes and Related Subsidiaries PILOT PROGRAM FOR PROJECT MANAGEMENT OVERSIGHT REGARDING DEPARTMENT OF ENERGY CONSTRUCTION PROJECTS Pub. L. 106–65, div. C, title XXXI, § 3175, Oct. 5, 1999, 113 Stat. 950, provided that: ‘‘(a) REQUIREMENT.—(1) The Secretary of Energy shall carry out a pilot program on use of project manage- ment oversight services (in this section referred to as ‘PMO services’) for construction projects of the Depart- ment of Energy. ‘‘(2) The purpose of the pilot program shall be to pro- vide a basis for determining whether or not the use of competitively procured, external PMO services for those construction projects would permit the Depart- ment to control excessive costs and schedule delays as- sociated with those construction projects that have large capital costs. ‘‘(b) PROJECTS COVERED BY PROGRAM.—(1) Subject to paragraph (2), the Secretary shall carry out the pilot program at construction projects selected by the Sec- retary. The projects shall include one or more con- struction projects authorized pursuant to section 3101 [113 Stat. 915] and one construction project authorized pursuant to section 3102 [113 Stat. 917]. ‘‘(2) Each project selected by the Secretary shall be a project having capital construction costs anticipated to be not less than $25,000,000. ‘‘(c) SERVICES UNDER PROGRAM.—The PMO services used under the pilot program shall include the fol- lowing services: ‘‘(1) Monitoring the overall progress of a project. ‘‘(2) Determining whether or not a project is on schedule. ‘‘(3) Determining whether or not a project is within budget. ‘‘(4) Determining whether or not a project conforms with plans and specifications approved by the Depart- ment. ‘‘(5) Determining whether or not a project is being carried out efficiently and effectively. ‘‘(6) Any other management oversight services that the Secretary considers appropriate for purposes of the pilot program. ‘‘(d) PROCUREMENT OF SERVICES UNDER PROGRAM.— Any PMO services procured under the pilot program shall be acquired— ‘‘(1) on a competitive basis; and ‘‘(2) from among commercial entities that— ‘‘(A) do not currently manage or operate facilities at a location where the pilot program is being con- ducted; and