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42 U.S.C. § 16356 — Report on equal employment oppor-
Federal law — U.S. Code and appendices · legal_authorities
Page 8874
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 16355
(3) Reports
The Secretary shall submit to Congress re-
ports describing the results of all the reviews
and assessments.
(Pub. L. 109–58, title IX, § 990, Aug. 8, 2005, 119
Stat. 912; Pub. L. 117–286, § 4(a)(278), Dec. 27, 2022,
136 Stat. 4336.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in subsec. (e)(1)(A), is Pub. L.
109–58, Aug. 8, 2005, 119 Stat. 594, known as the Energy
Policy Act of 2005, which enacted this chapter and en-
acted, amended, and repealed numerous other sections
and notes in the Code. For complete classification of
this Act to the Code, see Short Title note set out under
section 15801 of this title and Tables.
AMENDMENTS
2022—Subsec. (b). Pub. L. 117–286 substituted ‘‘chapter
10 of title 5’’ for ‘‘the Federal Advisory Committee Act
(5 U.S.C. App.)’’.
§ 16355. National Laboratory designation
After August 8, 2005, the Secretary shall not
designate a facility that is not listed in section
15801(3) of this title as a National Laboratory.
(Pub. L. 109–58, title IX, § 991, Aug. 8, 2005, 119
Stat. 913.)
§ 16356. Report on equal employment oppor-
tunity practices
Not later than 12 months after August 8, 2005,
and biennially thereafter, the Secretary shall
transmit to Congress a report on the equal em-
ployment opportunity practices at National
Laboratories. Such report shall include—
(1) a thorough review of each National Lab-
oratory contractor’s equal employment oppor-
tunity policies, including promotion to man-
agement and professional positions and pay
raises;
(2) a statistical report on complaints and
their disposition in the National Laboratories;
(3) a description of how equal employment
opportunity practices at the National Labora-
tories are treate
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Page 8874
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 16355
(3) Reports
The Secretary shall submit to Congress re-
ports describing the results of all the reviews
and assessments.
(Pub. L. 109–58, title IX, § 990, Aug. 8, 2005, 119
Stat. 912; Pub. L. 117–286, § 4(a)(278), Dec. 27, 2022,
136 Stat. 4336.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in subsec. (e)(1)(A), is Pub. L.
109–58, Aug. 8, 2005, 119 Stat. 594, known as the Energy
Policy Act of 2005, which enacted this chapter and en-
acted, amended, and repealed numerous other sections
and notes in the Code. For complete classification of
this Act to the Code, see Short Title note set out under
section 15801 of this title and Tables.
AMENDMENTS
2022—Subsec. (b). Pub. L. 117–286 substituted ‘‘chapter
10 of title 5’’ for ‘‘the Federal Advisory Committee Act
(5 U.S.C. App.)’’.
§ 16355. National Laboratory designation
After August 8, 2005, the Secretary shall not
designate a facility that is not listed in section
15801(3) of this title as a National Laboratory.
(Pub. L. 109–58, title IX, § 991, Aug. 8, 2005, 119
Stat. 913.)
§ 16356. Report on equal employment oppor-
tunity practices
Not later than 12 months after August 8, 2005,
and biennially thereafter, the Secretary shall
transmit to Congress a report on the equal em-
ployment opportunity practices at National
Laboratories. Such report shall include—
(1) a thorough review of each National Lab-
oratory contractor’s equal employment oppor-
tunity policies, including promotion to man-
agement and professional positions and pay
raises;
(2) a statistical report on complaints and
their disposition in the National Laboratories;
(3) a description of how equal employment
opportunity practices at the National Labora-
tories are treated in the contract and in calcu-
lating award fees for each contractor;
(4) a summary of disciplinary actions and
their disposition by either the Department or
the relevant contractors for each National
Laboratory;
(5) a summary of outreach efforts to attract
women and minorities to the National Labora-
tories;
(6) a summary of efforts to retain women
and minorities in the National Laboratories;
and
(7) a summary of collaboration efforts with
the Office of Federal Contract Compliance
Programs to improve equal employment op-
portunity practices at the National Labora-
tories.
(Pub. L. 109–58, title IX, § 992, Aug. 8, 2005, 119
Stat. 913.)
§ 16357. Strategy for facilities and infrastructure
(a) Facility and infrastructure policy
(1) In general
The Secretary shall develop and implement
a strategy for facilities and infrastructure
supported
primarily
from
the
Office
of
Science, the Office of Energy Efficiency and
Renewable Energy, the Office of Fossil En-
ergy, or the Office of Nuclear Energy, Science
and Technology Programs at all National Lab-
oratories and single-purpose research facili-
ties.
(2) Strategy
The strategy shall provide cost-effective
means for—
(A) maintaining existing facilities and in-
frastructure;
(B) closing unneeded facilities;
(C) making facility modifications; and
(D) building new facilities.
(b) Report
(1) In general
The Secretary shall prepare and submit,
along with the budget request of the President
submitted to Congress for fiscal year 2018, a
report describing the strategy developed under
subsection (a).
(2) Contents
For each National Laboratory and single-
purpose research facility that is primarily
used for science and energy research, the re-
port shall contain—
(A) the current priority list of proposed fa-
cilities and infrastructure projects, includ-
ing cost and schedule requirements;
(B) a current 10-year plan that dem-
onstrates the reconfiguration of its facilities
and infrastructure to meet its missions and
to address its long-term operational costs
and return on investment;
(C) the total current budget for all facili-
ties and infrastructure funding; and
(D) the current status of each facility and
infrastructure project compared to the origi-
nal baseline cost, schedule, and scope.
(Pub. L. 109–58, title IX, § 993, Aug. 8, 2005, 119
Stat. 913; Pub. L. 115–246, title II, § 205(a), Sept.
28, 2018, 132 Stat. 3137.)
Editorial Notes
AMENDMENTS
2018—Pub. L. 115–246, § 205(a)(1), substituted ‘‘Strategy
for facilities and infrastructure’’ for ‘‘Strategy and
plan for science and energy facilities and infrastruc-
ture’’ in section catchline.
Subsec. (b)(1). Pub. L. 115–246, § 205(a)(2), substituted
‘‘2018’’ for ‘‘2008’’.
§ 16358. Strategic research portfolio analysis and
coordination plan
(a) In general
The Secretary shall periodically review all of
the science and technology activities of the De-
partment in a strategic framework that takes
into account—
(1) the frontiers of science to which the De-
partment can contribute;
(2) the national needs relevant to the statu-
tory missions of the Department; and
(3) global energy dynamics.
(b) Coordination analysis and plan
(1) In general
As part of the review under subsection (a),
the Secretary shall develop a plan to improve
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability** Notwithstanding any other provision of law, in carrying out a research, development, demonstration, or commercial application program or activity that is initiated after August 8, 2005, the Secretary shall require cost-sharing in accordance with this section.
**(b) Research and development**
(1) **In general** — Except as provided in paragraphs (2), (3), and (4) and subsection (f), the Secretary shall require not less than 20 percent of the cost of a research or development activity described in subsection (a) to be provided by a non-Federal source.
(2) **Exclusion** — Paragraph (1) shall not apply to a research or development activity described in subsection (a) that is of a basic or fundamental nature, as determined by the appropriate officer of the Department.
(3) **Reduction** — The Secretary may reduce or eliminate the requirement of paragraph (1) for a research and development activity of an applied nature if the Secretary determines that the reduction is necessary and appropriate.
(4) **Exemption for institutions of higher education and other nonprofit institutions**
(A) *In general* — Paragraph (1) shall not apply to a research or development activity performed by an institution of higher education or nonprofit institution (as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 ([15 U.S.C. 3703](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3703&num=0&edition=prelim))).
(B) *Termination date* — The exemption under subparagraph (A) shall apply during the 2-year period beginning on August 9, 2022.
**(c) Demonstration and commercial application**
(1) **In general** — Except as provided in paragraph (2) and subsection (f), the Secretary shall require that not less than 50 per
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