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42 U.S.C. § 16356 — Report on equal employment oppor-

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 16356 — Report on equal employment oppor-

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8, 2005, 119 Stat. 594, known as the Energy Policy Act of 2005, which enacted this chapter and en- acted, amended, and repealed numerous other sections and notes in the Code.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

42 U.S.C. § 16356 — Cost sharing

**(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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